List of Fisheries for 2020, 54543-54561 [2019-22007]
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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
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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 https://
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:
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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• 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).
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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.
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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).
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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
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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;
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• 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
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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
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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
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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
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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.
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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
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72
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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.
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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 .....................................................................
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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.
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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
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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:
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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.
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>197
1,268
documented
documented
documented
documented
>1
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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.
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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) *
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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.
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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.
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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
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∧
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
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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)
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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.
-----------------------------------------------------------------------
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