List of Fisheries for 2020, 21079-21103 [2020-06908]

Download as PDF Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES § 76.1700 Records to be maintained by cable system operators. (a) Public inspection file. The following records must be placed in the online public file hosted by the Commission, except as indicated in paragraph (d) of this section. * * * * * (e) Location of records. For cable television systems exempt from the online public file requirement pursuant to paragraph (d) of this section, public file material that continues to be retained at the system shall be retained in a public inspection file maintained at the office in the community served by the system that the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business and, if the system operator does not maintain such an office in the community, at any accessible place in the communities served by the system (such as a public registry for documents or an attorney’s office). Public file locations will be open at least during normal business hours and will be conveniently located. The public inspection file shall be available for public inspection at any time during regular business hours for the facility where they are kept. All or part of the public inspection file may be maintained in a computer database, as long as a computer terminal capable of accessing the database is made available, at the location of the file, to members of the public who wish to review the file. (f) Links and contact and geographic information. A system must provide a link to the public inspection file hosted on the Commission’s website from the home page of its own website, if the system has a website, and provide contact information on its website for a system representative who can assist any person with disabilities with issues related to the content of the public files. A system also is required to include in the online public file the address of the system’s local public file, if the system is exempt from the online public file requirement pursuant to paragraph (d) of this section but opts to use it in part while retaining certain documents in the local file that are not available in the Commission’s online file, and the name, phone number, and email address of the system’s designated contact for questions about the public file. In addition, a system must provide on the online public file a list of the five digit ZIP codes served by the system. To the extent this section refers to the local public inspection file, it refers to the public file of a physical system, which VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 is either maintained at the location described in paragraph (e) of this section or on the Commission’s website, depending upon where the documents are required to be maintained under the Commission’s rules. * * * * * [FR Doc. 2020–06927 Filed 4–15–20; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 200327–0090] RIN 0648–BI76 List of Fisheries for 2020 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 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: The effective date of this final rule is May 18, 2020. ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. SUMMARY: 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 21079 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 E:\FR\FM\16APR1.SGM 16APR1 21080 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 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 VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 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 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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/marinemammal-stock-assessment-reports- E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 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/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. jbell on DSKJLSW7X2PROD with RULES How do I find out if a specific fishery is in Category I, II, or III? The LOF includes three tables that list all U.S. commercial fisheries by Category. Table 1 lists all of the commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S. authorized commercial fisheries on the high seas. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT). Are high seas fisheries included on the LOF? Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to provide more detail on composition of effort within these fisheries. Many fisheries operate in both U.S. waters and on the high seas, creating some overlap between the fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). NMFS designates those fisheries in Tables 1, 2, and 3 by a ‘‘*’’ after the fishery’s name. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels/participants holding VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 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 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)), PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 21081 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 CONTACT). Authorization certificates may also be obtained by visiting the MMAP website https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-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 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. E:\FR\FM\16APR1.SGM 16APR1 21082 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 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 FOR FURTHER INFORMATION CONTACT). jbell on DSKJLSW7X2PROD with RULES 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 CONTACT). Forms may be submitted via any of the following means: (1) Online using the electronic form; (2) emailed as an attachment to nmfs.mireport@noaa.gov; (3) faxed to the NMFS Office of Protected Resources at 301–713–0376; or (4) mailed to the NMFS Office of Protected Resources (mailing address is provided on the postage-paid form that can be printed from the web address listed above). Reporting requirements and procedures are found in 50 CFR 229.6. Am I required to take an observer aboard my vessel? Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. MMPA section 118 states that the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 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 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Sources of Information Reviewed for the 2020 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. Comments and Responses NMFS received six comment letters on the proposed LOF for 2020 (84 FR 54543; October 10, 2019). Comments were received from the Center for Biological Diversity (CBD), Hawaii Longline Association (HLA), Maine Lobstermen’s Association (MLA), Marine Mammal Commission (Commission), Western Pacific Regional Fishery Management Council (WPRFMC) and a joint letter from Lund’s Fisheries and The Town Dock. Responses to substantive comments are below; comments on actions not related to the LOF are not included. General Comments Comment 1: CBD expresses concern regarding the diminishing quality, E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES quantity and timeliness of marine mammal and commercial fisheries interactions public data. As noted in the Commission’s 2018 report (MMC 2018), current resources do not allow NMFS to meet its obligations under MMPA section 117 (16 U.S.C. 1386). The lack of accurate and up-to-date stock assessment reports compromises the integrity of fishery regulations and undermines public oversight. The LOF is the conduit for information in the stock assessment reports to be used in the regulation of fisheries. The lack of recent Scientific Review Group meeting minutes and recommendations hinders the public’s ability to review new science that should be incorporated into the LOF for 2020. Response: When NMFS reviews the LOF annually, we use the best available scientific information, including the SARs. The SARs generally provide the most current and inclusive information on each stock’s PBR level and level of interaction with commercial fishing operations; there may also be more recent reports that include bycatch estimates. The MMPA requires NMFS to review the SARs at least annually for strategic stocks and stocks for which significant new information is available and at least once every three years for non-strategic stocks. NMFS publishes a notice of availability and solicits public comments on the draft SARs annually. We strive to distribute the SRG meeting recommendations, minutes and correspondence in a timely manner, but the timeline this year was residually affected by the 2018–2019 partial government shutdown. Comments on Commercial Fisheries in the Pacific Ocean Comment 2: The Commission recommends NMFS reclassify both the Category II Yakutat salmon set gillnet and SE Alaska salmon drift gillnet fisheries as Category I fisheries. The Commission notes that NMFS reported a new abundance estimate for the Southeast Alaska (SEAK) stock of harbor porpoise in the 2016 SAR. That SAR also reported a population-size estimate of 975 porpoises and an estimated minimum population size (Nmin) of 896, which produced a PBR of 8.9 porpoises. The Commission states that low levels of observer coverage of the Yakutat salmon set gillnet fishery in 2007 and 2008 (5.3 and 7.6 percent, respectively) documented four harbor porpoise mortalities, which, when extrapolated, yielded an estimated mean annual M/SI of 22 animals. Similarly, observations of portions of the SE Alaska salmon drift gillnet fishery in 2012 and 2013 (6.4 and VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 6.6 percent observer coverage, respectively) documented two harbor porpoise mortalities, which, when extrapolated, yielded an estimated mean annual M/SI of 12 animals. Therefore, the total M/SI estimate was 34 harbor porpoises annually. The Commission notes that these estimates have not changed in subsequent SARs. The M/SI for the SEAK harbor porpoise stock is nearly four times larger than its PBR, and the M/SI for each fishery exceeds PBR individually. Despite the uncertainty in the stocksize and M/SI estimates, the data reported in the SAR are the best available estimates for this stock, and clearly meet the criteria for a Category I classification for the Yakutat salmon set gillnet and SE Alaska salmon drift gillnet fisheries. Response: As stated in the Federal Register notice for the final 2018 SARs (see 84 FR 28489, June 19, 2019, comment 17), the PBR level of 8.9 for the SEAK harbor porpoise stock was estimated based on a survey that covered only a portion of the currentlyrecognized distribution of this stock, and it included commercial fishery mortalities or serious injuries that occurred far north of the surveyed areas. We are concerned about the SEAK harbor porpoise stock, and we are collecting additional information on stock structure and abundance to reduce uncertainties in the data available to manage this stock, and we have prioritized the Southeast Alaska drift gillnet fishery for additional observer coverage, should resources become available. From these studies, we anticipate being able to better evaluate management concerns related to the AK Southeast Alaska salmon drift gillnet and AK Yakutat salmon set gillnet fisheries, including their classification on the future LOF. For the 2020 LOF, NMFS retains the Category II classification for the Yakutat salmon set gillnet and SE Alaska salmon drift gillnet fisheries. Comment 3: CBD acknowledges NMFS proposed to add the Western U.S. stock of Steller sea lion, which is listed as endangered under the ESA, to the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea Aleutian Islands Pacific cod longline fishery. They note that the LOF includes many fisheries that take endangered and threatened marine mammals, but no U.S. fishery currently has a valid MMPA authorization under section 101(a)(5)(E) to take ESA-listed marine mammals (16 U.S.C. 1371(a)(5)(E)). CBD recommends NMFS monitor, analyze and mitigate fisheries’ interactions with endangered PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 21083 marine mammals in compliance with Federal statutes. Response: The AK Bering Sea Aleutian Islands Pacific cod longline fishery, along with other federallymanaged fisheries, are monitored for marine mammal bycatch through the North Pacific Observer Program, and these data are then considered in the LOF. Publication of the LOF does not authorize take of threatened or endangered marine mammals incidental to commercial fishing. Under section 101(a)(5)(E) of the MMPA, NMFS issues permits for the incidental taking of threatened or endangered species listed under the ESA, if it can be determined that (1) mortality and serious injury incidental to commercial fisheries would have a negligible impact on the affected species or stock, (2) a recovery plan for that species or stock has been developed or is being developed, and (3) where required under section 118, a monitoring program has been established, vessels are registered, and a TRP has been developed or is being developed. Further, classifications made under the LOF are based on the best available science, and are not dependent on, or related to, the current status of other regulatory processes, including the issuance of authorizations under section 101(a)(5)(E) of the MMPA. Comment 4: CBD supports reclassifying the CA coonstripe shrimp fishery from a Category III to a Category II fishery based on an entangled humpback whale that would have been classified as a serious injury if the whale had not been subsequently disentangled. Response: NMFS has reclassified the CA coonstripe shrimp fishery from a Category III to a Category II fishery. Comment 5: CBD recommends NMFS reclassify the Category III WA/OR/CA groundfish, bottomfish longline/set line fishery as a Category II fishery based on observed injuries and mortalities of sperm whales reported in Jannot et al. 2018. CBD states the CA/OR/WA stock of sperm whales has a PBR of 2.5 animals per year, and the total annual fishery-related M/SI of sperm whales is above 10 percent of PBR. Response: For the proposed 2020 LOF, NMFS reviewed Jannot et al. 2018 and considered the estimates of sperm whale bycatch presented. Upon further investigation, the estimates provided in Jannot et al. 2018 were based on an observed vessel collision in 2007 that was characterized as a non-serious injury. This non-serious injury was evaluated and reported in the most recent SAR for CA/OR/WA sperm whales (Carretta et al. 2019). Given that this information does not suggest that E:\FR\FM\16APR1.SGM 16APR1 jbell on DSKJLSW7X2PROD with RULES 21084 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations mortality or serious injury of CA/OR/ WA sperm whales has been occurring as a result of the WA/OR/CA groundfish, bottomfish longline/set line fishery, NMFS will not reclassify the Category III WA/OR/CA groundfish, bottomfish longline/set line fishery at this time. Comment 6: CBD recommends NMFS add the AT1 transient stock of killer whales to the list of species/stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery, based on an entanglement in 2015 (NMFS–WCR 2018). Response: As stated in the Federal Register notice for the final 2018 SARs (see 84 FR 28489, June 19, 2019, comment 24), based on genetic analysis, the killer whale that became entangled in commercial California Dungeness crab pot gear in 2015 was identified as a transient killer whale with a mitochondrial DNA (mtDNA) haplotype that has been found in transient killer whales in the Pribilof Islands and western Aleutian Islands. However, the whale cannot be assigned to a specific stock because mtDNA haplotypes are unique to ecotypes of killer whales (e.g., resident, transient, offshore) but not to populations. Therefore, we will assign this mortality to both the Gulf of Alaska, Aleutian Islands, and Bering Sea Transient killer whale stock and the West Coast Transient killer whale stock in the next revisions of these SARs and in the NOAA Technical Memorandum that contains information on humancaused mortality and injury of NMFSmanaged Alaska marine mammal stocks in 2013–2017 (Delean et al. in press). Therefore, NMFS will not add the AT1 transient stock of killer whales to the list of species/stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery in the 2020 LOF. NMFS will use this information in future LOFs when reviewing and updating the list of species/stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery. Comment 7: CBD does not support NMFS’ proposal 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 because observer coverage is only 20 percent. CBD notes the lack of observed mortalities or injuries does not mean injuries and mortalities are not occurring. Response: The 2020 LOF is based on the 2018 SARs, which report fishery interactions from 2012–2016; this is the best scientific and commercial information available for the time period examined. There were no sperm whale mortalities or injuries in the VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 Hawaii deep-set longline fishery during the 2012–2016 time period reported in the SARs. NMFS has removed 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. Comment 8: The HLA recommends NMFS remove the MHI Insular stock of false killer whale from the list species and/or stocks incidentally killed or injured in the Category I Hawaii deepset longline fishery as proposed in the 2019 LOF. NMFS retained this stock in the final 2019 LOF, and HLA expresses concern that this was contrary to the best available science. HLA notes that (a) the False Killer Whale Take Reduction Plan (FKWTRP) closed the deep-set longline fishery for almost the entire range of the MHI Insular and NWHI stocks, (b) since this change was made in 2013 there have been no interactions between the fishery and an animal from either stock, and (c) there has never been a deep-set longline fishery interaction in the very small area of the stocks’ respective ranges that are not closed to longline fishing. The commenter also states that no information has been presented to the False Killer Whale TRT or the Pacific Scientific Review Group suggesting any of the 2018 and 2019 false killer whale interactions referenced by NMFS in the 2019 final rule (84 FR 22051) have been or will be attributed to the MHI Insular stock of false killer whale. HLA requests that NMFS remove the MHI Insular stock of false killer whales from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. Response: As noted in the 2019 LOF (84 FR 22051, June 17, 2019), for fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has evidence of fisheries interactions that cannot be attributed to a specific fishery, and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery), stocks may be retained on the LOF for longer than five years. For these fisheries, NMFS will review the other sources of relevant information to determine when it is appropriate to remove a species or stock from the LOF. As described in the 2019 LOF (84 FR 22051, June 17, 2019), six false killer whale mortalities and serious injuries incidental to the deep-set longline fishery were observed inside the EEZ around Hawaii, including three mortalities and serious injuries that occurred close to the outer boundary of PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 the Main Hawaiian Islands Longline Fishing Prohibited Area, in close proximity to the outer boundary of the MHI Insular false killer whale stocks’ range. These interactions have not yet been evaluated for assignment to insular or pelagic stocks in the SAR. Additionally, the MHI Insular false killer whale range overlaps with areas that are open to deep-set longline fishing and MHI Insular false killer whales have been documented with injuries consistent with fisheries interactions that have not been attributed to a specific fishery (Baird et al., 2014). For the above reasons, NMFS retains the MHI Insular false killer whale stock on the list of species and/ or stocks killed or injured incidental to the Category I HI deep-set longline fishery. Comment 9: HLA restates a previous comment and recommends NMFS reclassify the Hawaii shallow-set longline fishery as a Category III fishery. HLA notes that the Hawaii shallow-set longline fishery has 100 percent observer coverage, and only one serious injury has been observed in the EEZ since 2008. HLA states the 2017 SAR attributes a 0.1 M/SI to the shallow-set longline fishery for the pelagic stock of false killer whales in the U.S. EEZ. However, the 0.1 M/SI rate is derived entirely from a 2012 interaction on which NMFS was unable to make a serious injury determination, and which was given a ‘‘cannot-be-determined’’ determination. This determination was then prorated as 0.3 M/SI because, in the previous five years, there were three interactions between the shallow-set longline fishery and the pelagic false killer whale stock in the EEZ. HLA believes if the ‘‘cannot-be-determined’’ determination for the 2012 interaction is prorated based upon the five-year lookback period used in the 2017 SAR (2011–2015), then the M/SI rate would be 0.0, because there were only two other interactions from 2011–2015, both of which were determined to be nonserious. Therefore, HLA recommends the shallow-set longline fishery should be reclassified as a Category III fishery. Response: This comment has been addressed previously (see 84 FR 22051, June 17, 2019, comment 13; 83 FR 5349, February 7, 2018, comment 26). NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. A fishery is classified under Category II if the annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the stock’s PBR level. Additional details regarding categorization of fisheries is provided in E:\FR\FM\16APR1.SGM 16APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086; August 30, 1995). The false killer whale interaction in 2012 that resulted in a ‘‘cannot be determined’’ determination was prorated following the methods described in the 2017 SAR (Carretta et al., 2018), which prorates serious versus non-serious injuries using the historic rate of serious injury, while accounting for changes in gear following implementation of the FKWTRP in 2013. This proration resulted in a 0.3 M/ SI for the pelagic false killer whale stock as reported in the 2017 SAR, which is 1.07 percent of PBR and within the range of 1–50 percent of PBR, requiring NMFS to classify the fishery as a Category II fishery, consistent with section 118 of the MMPA. Comment 10: HLA supports removing the Hawaii stock of sperm whale from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. Response: NMFS has removed the Hawaii stock of sperm whale from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. Comment 11: HLA supports removing the Hawaii stock of short-finned pilot whale from the list of species and/or stocks incidentally killed or injured in the Category II Hawaii shallow-set longline fishery. Response: NMFS has removed the Hawaii stock of short-finned pilot whale from the list of species and/or stocks incidentally killed or injured in the Category II Hawaii shallow-set longline fishery. Comment 12: WPRFMC provides clarification on the source of information used to revise the number of vessels/persons for the American Samoa bottomfish handline fishery in the proposed rule from 1,092 to 2,095. NMFS began citing the Council’s Annual Stock Assessment and Fishery Evaluation (SAFE) report for the fishery participation data in the 2019 LOF, which resulted in the number of vessels/persons revised from 17 in the previous LOF to 1,092 in the 2019 LOF; and the subsequent revision to 2,095 in the proposed 2020 LOF. WPRFMC notes the method used in the Annual SAFE Report estimates participation for the American Samoa bottomfish fishery by multiplying the average number of fishers per trip by the number of trips per day, and then by the number of dates in the calendar year by gear type. The commenter also states this method does not generate a count of unique fishermen in the fishery, but rather an VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 estimation of the cumulative number of fishermen participating in the bottomfish fishery in a calendar year, representing duplicate counts of fishermen throughout the year. The method also results in an overestimation of fishery participation, as it does not account for days without bottomfish fishing effort and consequently assumes that bottomfish fishing occurs every day in the calendar year. The WPRFMC Plan Team determined this method to be an inappropriate approach for tracking fishery participation trends and removed the metric from the 2018 Annual SAFE Report (published in July 2019). The Plan Team also noted that the fishery participation metric estimate of 2,095 reported in the 2017 Annual SAFE Report was likely an estimation error, rather than a true doubling of effort from 2016 to 2017. WPRFMC recommends NMFS use information from the Environmental Assessment for the Specification of the 2016–2017 Annual Catch Limits for the American Samoa bottomfish fishery for the 2020 LOF, which describes the fishery as a small scale fishery consisting of fewer than 30 part-time, relatively small commercial vessels landing between 6,000–35,000 pounds (2,722–15,876 kilograms) annually. Response: Following review of the 2018 Annual SAFE Report and the 2017 Environmental Assessment, NMFS updates the estimated number of vessels/persons in the American Samoa bottomfish handline fishery as being fewer than 30 vessels in the LOF for 2020. Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Comment 13: CBD does not support NMFS’ proposal to remove the WNA stocks of hooded seal and long-finned pilot whale from the list of species/ stocks incidentally killed or injured in the Category I Northeast sink gillnet fishery. The commenter states observer coverage from 2012–2016 was low (15, 11, 18, 14 and 10 percent each year, respectively) and interactions with these stocks may be unobserved. Response: No hooded seal or longfinned pilot whale mortalities or injuries were observed or reported in the Northeast sink gillnet fishery from 2012–2016 (Hayes et al., 2019). The last observed M/SI of these stocks in the Northeast sink gillnet fishery was in 2004 and 2010. In general, we list species/stocks incidentally killed or injured in a particular fishery based on data observed from the last 5 years. The list contained in the LOF is not PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 21085 intended to serve as a historical overview of mortalities and injuries, as that data is available in individual species SARs, as well as in Appendix III of the SAR. From 2012–2016, observer coverage for the Northeast sink gillnet fishery was 2, 3, 5, 6 and 8 percent each year, respectively. Additionally, while some strandings did occur during this timeframe in Massachusetts, none of the stranded animals (live or dead) showed evidence of human interaction. NMFS has removed the Western North Atlantic stocks of hooded seals and long-finned pilot whales from the list of species and/or stocks incidentally killed or injured in the Category I Northeast sink gillnet fishery. NMFS will annually monitor bycatch of marine mammals in the Northeast sink gillnet fishery and will make adjustments to Table 2, should takes be observed in the future. Comment 14: The MLA recommends NMFS reclassify the Maine lobster fishery as a stand-alone fishery, instead of including the fishery as part of the broader Category I Northeast/midAtlantic American lobster pot fishery. The commenter requests that NMFS categorize Maine’s exempted waters lobster fishery as a Category III fishery, due to the rarity of whale sightings and lack of documented M/SI with this sector of the American lobster fishery. MLA notes Maine’s exempt waters lobster fishery is a small boat fishery which uses smaller ropes and lighter gear, compared to other segments of the Northeast lobster fishery. MLA also requests that NMFS categorize Maine’s non-exempt waters lobster fishery as a Category II fishery, based on the decline in right whale sightings, lack of documented right whale entanglements, lack of observed interactions from the Federal observer program, and the efficacy of TRP measures implemented in 2009 and 2014. The commenter states that multiple data sources, including acoustic surveys, right whale sightings data, and low copepod concentrations, document that right whales are extremely rare in Maine’s exempt waters, are not found in large numbers in Maine’s non-exempt waters, and are unlikely to feed in these areas. In addition, MLA notes, there has been only one right whale entangled in Maine gear in April 2002, and the entanglement was determined to be a non-serious injury. There are two additional non-serious injury entanglement cases that involved Maine lobster gear. However, Maine lobster gear was not the primary entangling gear in these cases. E:\FR\FM\16APR1.SGM 16APR1 jbell on DSKJLSW7X2PROD with RULES 21086 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations Response: The information provided by the commenter is insufficient for splitting the Northeast/Mid-Atlantic American lobster trap/pot into multiple fisheries. Fisheries are categorized based on the gear types used, how the gear is fished, and the behavior of the fishery related to the risk to marine mammals. Multiple states participate in the American lobster trap/pot fisheries, using a wide variety of gear and gear configurations throughout a large portion of coastal waters. While we recognize this variety within the fishery at large, there are no clear boundaries to divide gear use across the wider area, as suggested by this comment. Importantly, the state of Maine does not use unique gear configurations, compared to gear configurations used in other states, and gear configurations within Maine’s waters are not uniform or divided across the geographic boundaries (i.e., exemption lines) that MLA has identified. Further, gear marking and right whale monitoring efforts throughout Maine waters are insufficient to determine that the gear or area presents a different risk to large whales. MLA suggests that differences in rope diameter used by the inshore fishery (i.e. fisheries exempted under the Atlantic Large Whale TRP management requirements) are sufficient to reduce any risk to large whales, and thereby make it a distinct fishery. The commenter indicates that coastal lobster fisheries in Maine state waters utilize 3/ 8th diameter line and fish doubles and, therefore, pose less of a risk to right whales than other fisheries. While this may characterize a portion of the inshore fishery, this information is based on a small sample size from selfreported surveys conducted by Maine’s Department of Marine Fisheries and does not take into account varying breaking strength or other variability within this fishery. In this same study, high variability in line diameter used and number of pots trawled in the coastal fishery was also shown. According to Summers et al. 2019 (Assessment of Vertical Line Use in Gulf of Maine Region Fixed Gear Fisheries presentation to Atlantic Large Whale TRT), of the 647 responses received from Maine permitted lobster fishermen (approximately 15 percent of the total of actively fishing permitted Maine vessels), less than 60 percent of that sample included those who fish between 0–3 nautical miles from shore. While the majority of this small sample size responded that they primarily fish single and double pots, some voluntary respondents answered that they fish a VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 range between 5–30+ pot trawls. While there were fewer responses citing these higher trawl numbers, it shows the variability of the Maine state lobster fishery. The 3/8th line diameter and limited trap/pots justification is not uniform throughout the inshore area and is not unique to Maine waters; therefore, these areas are not representative of a unique fishery compared to the rest of the lobster fishery. MLA also cites a lack of right whale sightings in Maine state waters as justification for reclassifying the Maine lobster fisheries. However, it is important to recognize that whale sighting information is related to monitoring efforts, which are largely a reflection of survey resource prioritization. Until this point, right whale surveys have focused on areas where high abundance and social/ feeding aggregations are known to occur, due to resource constraints. As noted at the October 2018 TRT meeting, this is an artifact of prioritizing the monitoring of population and health assessments through mark recapture methods that require maximizing photoidentification opportunities, rather than prioritizing coverage of the entire range of right whales. Despite the lack of directed survey efforts, from 2014–2018, there were at least six right whale opportunistic sightings reported and documented in Maine waters in the North Atlantic Right Whale Consortium’s sightings database (Industrial Economics Inc., personal communication). Also, bioacoustic gliders implemented between December 2018 and April 2019 had several potential detections of right whales in the Maine inshore waters (Baumgartner, in review). This shows that the right whales are present in Maine state waters, even those overlapping exempted areas. Given the population distribution shifts and critical status of the population, we are allocating resources towards broader surveys that will provide further insight into the habitat use and distribution of these whales; these broader surveys will include regular aerial and acoustic surveys of Maine waters throughout the upcoming year. As the commenter stated, there are three right whale entanglement cases (E11–11, E43–12, and E36–16) where gear has been recovered with red tracers, which is the gear marking scheme required in the Northern Inshore Trap/Pot fishery management area, a management area that overlaps Maine, New Hampshire, and Massachusetts state waters. In two of these cases, the specific trap/pot fishery PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 was not identified. Therefore, it cannot be ruled out that the entanglements (one of which resulted in a mortality) may have occurred off the coast of Maine in non-exempt waters. The commenter referenced Case E36–16 (which was confirmed to be Massachusetts lobster gear from the Northern Inshore Trap/Pot management area) as an example of why the Maine state fisheries should have a separate designation compared to other lobster fisheries. However, we consider this example as evidence as to why all lobster fisheries should remain classified together. Given that there are limited differences between the gear used in the waters throughout the current management areas, this example shows that lobster gear poses a potential risk to right whales in any area where right whale and lobster fishery distributions overlap. With this request, the commenter is also not taking into consideration the high percentage of multiple sightings of unidentified entanglements, with first sightings in either the U.S. or in Canada. Over the past 5 years, there have been 4.15 M/SI entanglements documented annually where the origin of the entanglement is unknown (Hayes et al., in review). NMFS has proposed two ways to include these M/SI in risk assessment reduction measure metrics: By taking the total unknown entanglements and dividing them in half to allocate 50 percent of the unknown entanglements to U.S. fisheries and 50 percent to Canadian fisheries, or by assigning the incident to the country the entanglement was first sighted in as the country of origin. Both options produced similar results; the range of entanglements for U.S. fisheries is 0.2–2.45 (2.075 if the risk is divided by 50 percent). The median M/SI entanglement potential is 1.325 animals per year, or 165 percent of PBR. The sample size of recovered gear from entanglements is small, and much of the retrieved gear is unmarked and cannot be attributed to a particular location. Currently, gear marking is not required in exempted areas. The lack of marks on retrieved gear may indicate that the current marking scheme is inadequate, or that entanglements are occurring in areas where gear is not currently marked, such as international waters or current exempted areas. The state of Maine is currently pursuing a gear marking regime in these exempted waters that will provide additional data about entanglement risk in these areas. The MLA states that there are ‘‘zero instances’’ in any data set of Maine of lobster gear associated with a right whale serious injury or mortality, and that the only known entanglement in E:\FR\FM\16APR1.SGM 16APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations which Maine lobster gear was the primary entangling gear occurred in 2002 and resulted in a non-serious injury determination. We recognize that there has only been one confirmed mortality (in 2012) in American lobster gear in the past decade. All other documented lobster interactions were determined to result in non-serious injuries. However, there have been a number of entanglements for which interventions occurred because these entanglements were determined to be resulting in serious injuries (Henry et al., 2019). According to NMFS’ ‘‘Process for Distinguishing Serious from NonSerious Injury of Marine Mammals (NMFS 2015, 02–238–01),’’ cases that would have been serious injuries prior to disentanglement are not counted against PBR in the SAR, but they are included in the recorded takes for the LOF and associated management measures. Aerial surveys, whale watching boats, the presence of other fisheries, and the presence of, and associated outreach by, a disentanglement team contribute to the higher reporting of entanglement sightings in certain areas (i.e. Massachusetts) than in Maine state waters and offshore waters. However, that does not mean the risk is nonexistent in other areas where entanglements are not observed. With 85 percent of all right whales exhibiting entanglement scars, it is reasonable and prudent to assume that entanglements are indeed occurring in areas where observations have not yet been reported. As stated above, we find that there is insufficient information to suggest that Maine’s fisheries should be split from the American lobster trap/pot fisheries, because the gear used in Maine waters are not unique from other states. Further, we maintain that entanglement data indicates that the gear used across this fishery remains a risk to right whales. Should Maine fisheries make significant changes to their gear configurations that differentiate these fisheries from other lobster trap/pot fisheries, such as eliminating vertical lines, we will reconsider this decision. Comment 15: Lund’s Fisheries and The Town Dock restate a previous comment requesting that NMFS conduct a tier analysis of long-finned pilot whale M/SI in the small mesh and large mesh bottom trawl fisheries, and that NMFS consider classifying the small mesh and large mesh bottom trawl fisheries as separate fisheries on the LOF. The commenters note the small mesh bottom trawl longfin squid fishery is included on the LOF in both of the Category II Northeast and mid-Atlantic bottom trawl fisheries. In 2018, the Marine VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 Stewardship Council determined that the U.S. Northeastern Longfin Inshore Squid Small Mesh Bottom Trawl Fishery, harvested by small mesh bottom trawls in U.S. waters between the Gulf of Maine and Cape Hatteras, NC, was certified as a sustainable fishery. Response: Separating the small mesh and large mesh trawl fisheries is not appropriate with respect to evaluating the risk posed to marine mammals by the fisheries. Further, given that the fisheries operate in similar manners, in similar locations, and given that many small mesh trawl fisheries go between coastal and offshore waters, it would be difficult to distinguish between fisheries for such an analysis. As previously stated (see 84 FR 22051, June 17, 2019, comment 15), we did not reclassify any of the trawl fisheries based on upcoming draft population assessments for the long finned pilot whale. The 2019 draft SARs (84 FR 65353, November 27, 2019) combines the U.S. and Canadian population assessments from 2016 survey efforts for long-finned pilot whales throughout their range, from central Virginia north to Labrador. This estimate is larger than that previously reported in the SAR, because the updated estimate is derived from a survey area extending from Newfoundland to Florida, which is about 1,300,000 km2 larger than the 2011 survey area used in the previous SAR. In addition, the newer survey estimates in U.S. waters were corrected for availability bias (due to diving behavior), whereas the earlier estimates were not corrected. The new minimum population estimate for this stock is 30,627 animals, with a PBR of 306. The Northeast bottom trawl fishery has a mean combined annual mortality of 15 pilot whales (4.9 percent of PBR). Therefore, the Category II classification for this fishery remains appropriate. Comment 16: CBD does not support NMFS’ proposal 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. CBD notes that while it may be true that, from 2008 to 2012, there were no documented fishery related injuries or mortalities in shrimp trawl fisheries (USFWS 2014), it is unknown whether the fishery monitoring was adequate to estimate unobserved or undocumented interactions. Response: In general, we list species/ stocks incidentally killed or injured in a particular fishery based on data PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 21087 collected from the last 5 years. The list contained in the LOF is not intended to serve as a historical overview of mortalities and injuries, as that data is available in individual species SARs. Observer programs provide data that is included in the SARs. All manatee deaths and injuries are monitored extensively through the Florida Fish and Wildlife Conservation Commission’s Marine Mammal Pathobiology Laboratory carcass recovery and necropsy program, as well as their accessory field labs around the State of Florida. There has been no additional evidence from this effort to suggest mortality or injury from the shrimp trawl fishery. Following consultation with the U.S. Fish and Wildlife Service (USFWS), and as included in the proposed rule, in this 2020 LOF NMFS has removed the Florida stock of West Indian manatee from the list of species and/or stocks incidentally killed or injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. Summary of Changes From the Proposed Rule NMFS updates the estimated number of vessels/persons in the Category III American Samoa bottomfish handline fishery from 1,092 vessels/persons to fewer than 30 vessels/persons. Summary of Changes to the LOF for 2020 The following summarizes changes to the LOF for 2020, including the classification of fisheries, 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 reclassifies one fishery in the LOF for 2020. The classifications and definitions of U.S. commercial fisheries for 2020 are identical to those provided in the LOF for 2019, except for 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 renames 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 reclassifies the CA E:\FR\FM\16APR1.SGM 16APR1 21088 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations coonstripe shrimp fishery from a Category III to a Category II fishery. Fishery Name and Organizational Changes and Clarification NMFS clarifies 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. Based on this clarification, NMFS also removes the Category III AK Metlakatla salmon purse seine fishery from the LOF. Number of Vessels/Persons NMFS updates the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows: Category I • HI deep-set longline fishery from 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; jbell on DSKJLSW7X2PROD with RULES List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean NMFS adds 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. NMFS adds the Eastern North Pacific stock of gray whale to the list of species/ VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 stocks incidentally killed or injured in the Category II CA halibut/white seabass and other species set gillnet (>3.5 in mesh) fishery. NMFS adds 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. NMFS adds 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. NMFS adds 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. NMFS adds the Western U.S. stock of Steller sea lion to, and removes 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. NMFS adds 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. NMFS adds 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: (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 adds 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. NMFS adds 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. NMFS adds 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; and (2) Alaska stock of bearded seal. NMFS removes 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. NMFS removes 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. NMFS removes the Hawaii stock of short-finned pilot whale from the list of species/stocks incidentally killed or PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 injured in the Category II HI shallow-set longline fishery. NMFS removes 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. NMFS removes 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. Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Fishery Name and Organizational Changes and Clarification NMFS adds 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. NMFS adds 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. NMFS adds 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. NMFS removes 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. Number of Vessels/Persons NMFS updates the estimated number of vessels/persons in the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows: Category I • 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. E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean NMFS adds 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. NMFS adds 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. NMFS adds 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. NMFS adds 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. NMFS removes 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. Following consultation with the USFWS, NMFS removes the Florida stock of West Indian manatee from the list of species/stocks incidentally killed or injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. Commercial Fisheries on the High Seas Number of Vessels/Persons NMFS updates 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; jbell on DSKJLSW7X2PROD with RULES 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; VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 • 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 removes 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. NMFS removes 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. 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, PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 21089 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 E:\FR\FM\16APR1.SGM 16APR1 21090 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 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 EEZ boundary. NMFS has designated those fisheries in each table by a ‘‘*’’ after the fishery’s name. TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured CATEGORY I Longline/Set Line Fisheries: HI deep-set longline * ∧ ..................................................... 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. CATEGORY II Gillnet Fisheries: CA thresher shark/swordfish drift gillnet (≥14 in mesh) * jbell on DSKJLSW7X2PROD with RULES CA halibut/white seabass and other species set gillnet (>3.5 in mesh). CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2. VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00018 14 ......................... 37 ......................... 22 ......................... Fmt 4700 Sfmt 4700 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. Long-beaked common dolphin, CA. Minke whale, CA/OR/WA. Northern elephant seal, CA breeding. Northern right-whale dolphin, CA/OR/WA. Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Short-beaked common dolphin, CA/OR/WA. Short-finned pilot whale, CA/OR/WA.1 Sperm Whale, CA/OR/WA.1 California sea lion, U.S. Gray whale, 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. California sea lion, U.S. Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 21091 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons jbell on DSKJLSW7X2PROD with RULES Fishery description AK Bristol Bay salmon drift gillnet 2 .................................. 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: AK Bering Sea, Aleutian Islands flatfish trawl .................. 154 ....................... VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00019 32 ......................... Fmt 4700 Sfmt 4700 Marine mammal species and/or stocks incidentally killed or injured Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Spotted seal, AK. Steller sea lion, Western U.S. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Spotted seal, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. Sea otter, Southwest AK. Steller sea lion, Western U.S. Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Humpback whale, Central North Pacific.1 Sea otter, South central AK. Steller sea lion, Western U.S. Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Steller sea lion, Western U.S. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Northern fur seal, Eastern Pacific. Harbor porpoise, Bering Sea. Northern sea otter, Southwest AK. Steller sea lion, Western U.S. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Sea otter, South central AK. Steller sea lion, Western U.S.1 Dall’s porpoise, AK. Harbor porpoise, Southeast AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific.1 Pacific white-sided dolphin, North Pacific. Steller sea lion, Eastern U.S. Gray whale, Eastern North Pacific. Harbor Porpoise, Southeastern AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific (Southeast AK). Dall’s porpoise, CA/OR/WA. Harbor porpoise, inland WA.1 Harbor seal, WA inland. Bearded seal, AK. Gray whale, Eastern North Pacific. Harbor porpoise, Bering Sea. Harbor seal, Bering Sea. Humpback whale, Western North Pacific.1 Killer whale, AK resident.1 E:\FR\FM\16APR1.SGM 16APR1 21092 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons jbell on DSKJLSW7X2PROD with RULES Fishery description AK Bering Sea, Aleutian Islands pollock trawl ................. 102 ....................... AK Bering Sea, Aleutian Islands rockfish trawl ................ 17 ......................... Pot, Ring Net, And Trap Fisheries: CA 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 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/WA2.1 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. VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00020 1,778 .................... Fmt 4700 Sfmt 4700 Harbor porpoise, Bering Sea. E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons Fishery description AK Prince William Sound salmon set gillnet .................... 29 ......................... AK roe herring and food/bait herring gillnet ..................... CA set gillnet (mesh size <3.5 in) .................................... HI inshore gillnet ............................................................... 920 ....................... 296 ....................... 36 ......................... WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing). WA/OR Mainstem Columbia River eulachon gillnet ......... WA/OR lower Columbia River (includes tributaries) drift gillnet. WA Willapa Bay drift gillnet .............................................. 24 ......................... jbell on DSKJLSW7X2PROD with RULES Miscellaneous Net Fisheries: AK Cook Inlet salmon purse seine ................................... AK Kodiak salmon purse seine ........................................ 15 ......................... 110 ....................... 82 ......................... 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. None documented. California sea lion, U.S. Harbor seal, OR/WA coast. Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. AK Southeast salmon purse seine ................................... AK roe herring and food/bait herring beach seine ........... AK roe herring and food/bait herring purse seine ............ AK salmon beach seine .................................................... AK salmon purse seine (Prince William Sound, Chignik, Alaska Peninsula). WA/OR sardine purse seine ............................................. CA anchovy, mackerel, sardine purse seine .................... 315 ....................... 10 ......................... 356 ....................... 31 ......................... 936 ....................... CA squid purse seine ....................................................... 80 ......................... CA tuna purse seine * ....................................................... WA/OR Lower Columbia River salmon seine .................. WA/OR herring, smelt, squid purse seine or lampara ..... WA salmon purse seine ................................................... WA salmon reef net .......................................................... HI lift net ........................................................................... HI inshore purse seine ..................................................... HI throw net, cast net ....................................................... HI seine net ...................................................................... Dip Net Fisheries: CA squid dip net ............................................................... Marine Aquaculture Fisheries: CA marine shellfish aquaculture ....................................... CA salmon enhancement rearing pen .............................. CA white seabass enhancement net pens ....................... HI offshore pen culture ..................................................... WA salmon net pens ........................................................ 10 ......................... 10 ......................... 130 ....................... 75 ......................... 11 ......................... 17 ......................... <3 ......................... 23 ......................... 24 ......................... 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. None documented. None documented. Harbor seal, GOA. Harbor seal, Prince William Sound. None documented. California sea lion, U.S. Harbor seal, CA. Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. 115 ....................... None documented. unknown ............... >1 ......................... 13 ......................... 2 ........................... 14 ......................... WA/OR shellfish aquaculture ............................................ Troll Fisheries: WA/OR/CA albacore surface hook and line/troll .............. CA halibut hook and line/handline .................................... CA white seabass hook and line/handline ....................... AK Bering Sea, Aleutian Islands groundfish hand troll and dinglebar troll. AK Gulf of Alaska groundfish hand troll and dinglebar troll. AK salmon troll ................................................................. 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 ......................... Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. None documented. None documented. Pantropical spotted dolphin, HI. None documented. None documented. 432 ....................... None documented. 4 ........................... Killer whale, AK resident. 22 ......................... None documented. 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 ......... VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00021 83 ......................... 376 ....................... Marine mammal species and/or stocks incidentally killed or injured 42 ......................... 65 ......................... Fmt 4700 Sfmt 4700 documented. documented. documented. documented. E:\FR\FM\16APR1.SGM 16APR1 21093 21094 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons jbell on DSKJLSW7X2PROD with RULES Fishery description AK Bering Sea, Aleutian Islands halibut longline ............. 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 ..... 350 ....................... 1 ........................... 15 ......................... 3 ........................... AK Bering Sea, Aleutian Islands Pacific cod trawl ........... 72 ......................... AK Gulf of Alaska flatfish trawl ......................................... 36 ......................... AK Gulf of Alaska Pacific cod trawl .................................. 55 ......................... AK Gulf of Alaska pollock trawl ........................................ 67 ......................... AK Gulf of Alaska rockfish trawl ....................................... 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 .................................................... 43 ......................... 4 ........................... 38 ......................... 2 ........................... CA sea cucumber trawl .................................................... WA/OR/CA shrimp trawl ................................................... WA/OR/CA groundfish trawl ............................................. 16 ......................... 300 ....................... 160–180 ............... Pot, Ring Net, And Trap Fisheries: AK 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 ............................................................... 271 ....................... 116 ....................... 248 ....................... 375 ....................... 99 ......................... 141 ....................... 15 ......................... 124 ....................... WA/OR/CA hagfish pot ..................................................... WA/OR shrimp pot/trap .................................................... WA Puget Sound Dungeness crab pot/trap ..................... HI crab trap ....................................................................... HI fish trap ........................................................................ HI lobster trap ................................................................... HI shrimp trap ................................................................... 54 ......................... 254 ....................... 249 ....................... 5 ........................... 9 ........................... <3 ......................... 10 ......................... VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00022 367 ....................... 13 ......................... 47 ......................... Fmt 4700 Sfmt 4700 Marine mammal species and/or stocks incidentally killed or injured 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. None documented. None documented. None documented. California sea lion, U.S. Harbor porpoise, unknown. Harbor seal, unknown. Northern elephant seal, CA breeding. Steller sea lion, unknown. None documented. None documented. California sea lion, U.S. Dall’s porpoise, CA/OR/WA. Harbor seal, OR/WA coast. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, CA/OR/WA. Steller sea lion, Eastern U.S. None 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. E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 21095 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Fishery description Estimated number of vessels/persons 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 ...................................................................... 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 ...... 4 ........................... 33 ......................... None documented. None documented. 2 ........................... 214 ....................... 71 ......................... fewer than 30 ....... 28 ......................... None documented. Fin whale, Northeast Pacific. None documented. None documented. None documented. >300 ..................... <3 ......................... 578 ....................... 357 ....................... 534 ....................... 679 ....................... 0 ........................... None None None None None None None 6 ........................... None documented. 291 ....................... 2 ........................... 3 ........................... None documented. None documented. None documented. 13 ......................... California sea lion, U.S. 108 (5 AK) ........... None documented. 130 ....................... 2 ........................... 266 ....................... 214 ....................... <3 ......................... 5 ........................... 46 ......................... 19 ......................... 163 ....................... 4 ........................... 201 ....................... None None None None None None None None None None None 10 ......................... None documented. >7,000 (1,006 AK) Killer whale, unknown. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. 93 ......................... 90 ......................... None documented. None documented. Live Finfish/Shellfish Fisheries: CA nearshore finfish live trap/hook-and-line .................... HI aquarium collecting ...................................................... Marine mammal species and/or stocks incidentally killed or injured documented. documented. documented in recent years. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. 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. jbell on DSKJLSW7X2PROD with RULES 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 ............................................................. VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00023 3,950 .................... Fmt 4700 Sfmt 4700 Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, Southern Migratory coastal.1 E:\FR\FM\16APR1.SGM 16APR1 21096 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Bottlenose dolphin, Northern 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. 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. Longline Fisheries: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline *. 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. Short-finned pilot whale, Northern GMX. Short-finned pilot whale, WNA.1 Sperm whale, Northern GMX. jbell on DSKJLSW7X2PROD with RULES CATEGORY II Gillnet Fisheries: Chesapeake Bay inshore gillnet 2 ..................................... 248 ....................... Gulf of Mexico gillnet 2 ...................................................... 248 ....................... NC inshore gillnet ............................................................. 2,676 .................... Northeast anchored float gillnet 2 ...................................... 852 ....................... Northeast drift gillnet 2 ....................................................... Southeast Atlantic gillnet 2 ................................................ 1,036 .................... 273 ....................... Southeastern U.S. Atlantic shark gillnet ........................... 21 ......................... VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 Harbor seal, WNA. Humpback whale, Gulf of Maine. White-sided dolphin, WNA. None documented. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Northern FL coastal. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Southern migratory coastal. Bottlenose dolphin, unknown (Central FL, Northern FL, SC/ GA coastal, or Southern migratory coastal). North Atlantic right whale, WNA. E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 21097 TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Fishery description Estimated number of vessels/persons Marine mammal species and/or stocks incidentally killed or injured 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 .................... 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 jbell on DSKJLSW7X2PROD with RULES Trap/Pot Fisheries: Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot 2. 1,101 .................... Atlantic mixed species trap/pot 2 ....................................... 3,332 .................... Atlantic blue crab trap/pot ................................................. 6,679 .................... Purse Seine Fisheries: Gulf of Mexico menhaden purse seine ............................ 40–42 ................... VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16APR1.SGM 16APR1 21098 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Mid-Atlantic menhaden purse seine 2 ............................... 19 ......................... Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, Southern Migratory coastal. Haul/Beach Seine Fisheries: Mid-Atlantic haul/beach seine ........................................... 359 ....................... NC long haul seine ........................................................... 22 ......................... Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Stop Net Fisheries: NC roe mullet stop net ..................................................... 1 ........................... Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, unknown (Southern migratory coastal or Southern NC estuarine system). Pound Net Fisheries: VA pound net .................................................................... 26 ......................... Bottlenose dolphin, Northern migratory coastal. Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, Southern Migratory coastal.1 dolphin, dolphin, dolphin, dolphin, dolphin, Northern Migratory coastal.1 Northern NC estuarine system.1 Southern Migratory coastal.1 Northern NC estuarine system.1 Southern NC estuarine system. 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 .......................................... jbell on DSKJLSW7X2PROD with RULES Gulf of Mexico mixed species trawl .................................. GA cannonball jellyfish trawl ............................................ Marine Aquaculture Fisheries: Finfish aquaculture ........................................................... Shellfish aquaculture ........................................................ Purse Seine Fisheries: Gulf of Maine Atlantic herring purse seine ....................... Gulf of Maine menhaden purse seine .............................. FL West Coast sardine purse seine ................................. U.S. Atlantic tuna purse seine * ........................................ Longline/Hook-and-Line Fisheries: Northeast/Mid-Atlantic bottom longline/hook-and-line ...... Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-line/harpoon. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. U.S. Atlantic, Gulf of Mexico trotline ................................ Trap/Pot Fisheries: Caribbean mixed species trap/pot .................................... Caribbean spiny lobster trap/pot ...................................... FL spiny lobster trap/pot ................................................... >991 ..................... unknown ............... unknown ............... unknown ............... None None None None unknown ............... Bottlenose dolphin, Northern SC estuarine system. >58 ....................... 2 ........................... 20 ......................... 1 ........................... None documented. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, Northern GMX continental shelf. None documented. Bottlenose dolphin, SC/GA coastal. 48 ......................... unknown ............... Harbor seal, WNA. None documented. >7 ......................... >2 ......................... 10 ......................... 5 ........................... Harbor seal, WNA. None documented. Bottlenose dolphin, Eastern GMX coastal. None documented in most recent five years of data. >1,207 .................. 2,846 .................... None documented. Bottlenose dolphin, WNA offshore. Humpback whale, Gulf of Maine. Bottlenose dolphin, GMX continental shelf. >5,000 .................. 39 ......................... Frm 00026 recent recent recent recent five five five five years years years years of of of of data. data. data. data. None documented. >501 ..................... >197 ..................... 1,268 .................... 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. unknown ............... PO 00000 most most most most unknown ............... Gulf of Mexico mixed species trap/pot ............................. Jkt 250001 the the the the 680 ....................... 4,113 .................... 16:04 Apr 15, 2020 in in in in Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, Northern GMX continental shelf. None documented. Gulf of Mexico blue crab trap/pot ..................................... VerDate Sep<11>2014 documented. documented. documented. documented. Fmt 4700 Sfmt 4700 E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 21099 TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Fishery description Estimated number of vessels/persons Marine mammal species and/or stocks incidentally killed or injured 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. 10 ......................... None documented. unknown ............... None documented. >1 ......................... U.S. Mid-Atlantic crab stop seine/weir .............................. U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net). RI floating trap .................................................................. Northeast and Mid-Atlantic fyke net ................................. Dredge Fisheries: Gulf of Maine sea urchin dredge ...................................... Gulf of Maine mussel dredge ........................................... Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ....... Mid-Atlantic blue crab dredge ........................................... Mid-Atlantic soft-shell clam dredge ................................... Mid-Atlantic whelk dredge ................................................ U.S. Mid-Atlantic/Gulf of Mexico oyster dredge ............... New England and Mid-Atlantic offshore surf clam/quahog dredge. Haul/Beach Seine Fisheries: Caribbean haul/beach seine ............................................. Gulf of Mexico haul/beach seine ...................................... Southeastern U.S. Atlantic haul/beach seine ................... Dive, Hand/Mechanical Collection Fisheries: Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection. Gulf of Maine urchin dive, hand/mechanical collection .... Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net. Commercial Passenger Fishing Vessel (Charter Boat) Fisheries: Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel. 2,600 .................... unknown ............... Harbor porpoise, GME/BF. Harbor seal, WNA. Minke whale, Canadian east coast. Atlantic white-sided dolphin, WNA. None documented. Bottlenose dolphin, Northern NC estuarine system. 9 ........................... unknown ............... None documented. None documented. unknown ............... unknown ............... >403 ..................... unknown ............... unknown ............... unknown ............... 7,000 .................... unknown ............... None None None None None None None None 15 ......................... unknown ............... 25 ......................... None documented in the most recent five years of data. None documented. None documented. 20,000 .................. None documented. unknown ............... unknown ............... None documented. None documented. 4,000 .................... Bottlenose dolphin, Barataria Bay estuarine system. documented. documented. documented. documented. documented. documented. documented. documented. jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\16APR1.SGM 16APR1 21100 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS Number of HSFCA permits Fishery description Marine mammal species and/or stocks incidentally killed or injured Category I Longline Fisheries: Atlantic Highly Migratory Species * ...................................... 53 Western Pacific Pelagic (HI Deep-set component) * ∧ ........ 145 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. Category II Drift Gillnet Fisheries: Pacific Highly Migratory Species * ∧ .................................... jbell on DSKJLSW7X2PROD with RULES 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 ....................................................... VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4700 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. Sfmt 4700 E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations 21101 TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued Number of HSFCA permits Fishery description Marine mammal species and/or stocks incidentally killed or injured 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. TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS Take reduction plans Affected fisheries Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 Bottlenose Dolphin Take Reduction Plan. ............................................... (BDTRP)—50 CFR 229.35 ....................................................................... jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4700 Category I Mid-Atlantic gillnet. Northeast/Mid-Atlantic American lobster trap/pot. Northeast sink gillnet. Category II Atlantic blue crab trap/pot. Atlantic mixed species trap/pot. Northeast anchored float gillnet. Northeast drift gillnet. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet.* 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). Sfmt 4700 E:\FR\FM\16APR1.SGM 16APR1 21102 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued Take reduction plans Affected fisheries Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................ Category II Mid-Atlantic bottom trawl. Mid-Atlantic mid-water trawl (including pair trawl). Northeast bottom trawl. Northeast mid-water trawl (including pair trawl). jbell on DSKJLSW7X2PROD with RULES * Only applicable to the portion of the fishery operating in U.S. waters; ∧ Only applicable to the portion of the fishery operating in the Atlantic Ocean. Classification The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) at the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. No comments were received on that certification, and no new information has been discovered to change that conclusion. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. This rule contains existing collectionof-information (COI) requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements. The COI for the registration of individuals under the MMPA has been approved by the Office of Management and Budget (OMB) under OMB control number 0648–0293 (0.15 hours per report for new registrants). The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB control number 0648–0292 (0.15 hours per report). These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the COI. Send comments regarding these reporting burden estimates or any other aspect of the COI, including suggestions for reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION). Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with a COI, subject to the requirements of the Paperwork Reduction Act, unless that COI displays a currently valid OMB control number. This rule has been determined to be not significant for the purposes of Executive Orders 12866 and 13563. This rule is not expected to be an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 In accordance with the Companion Manual for NOAA Administrative Order (NAO) 216–6A, NMFS determined that publishing this LOF qualifies to be categorically excluded from further NEPA review, consistent with categories of activities identified in Categorical Exclusion G7 (‘‘Preparation of policy directives, rules, regulations, and guidelines of an administrative, financial, legal, technical, or procedural nature, or for which the environmental effects are too broad, speculative or conjectural to lend themselves to meaningful analysis and will be subject later to the NEPA process, either collectively or on a case-by-case basis’’) of the Companion Manual for NAO 216– 6A, and we have not identified any extraordinary circumstances listed in Chapter 4 of the Companion Manual 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 rule would not affect species listed as threatened or endangered under the ESA or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would consult under ESA section 7 on that action. This rule would have no adverse impacts on marine mammals, and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals, through information collected from observer programs, stranding and sighting data, or take reduction teams. This rule would not affect the land or water uses or natural resources of the PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 coastal zone, as specified under section 307 of the Coastal Zone Management Act. References Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence for Sex Bias and Variation Among Populations and Social Groups. 2014. Marine Mammal Science 31(2): 579–590. Carretta, J.V., 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. 2019. 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. Delean, B.J., V.T. Helker, M. M. Muto, K. Savage, S. Teerlink, L.A. Jemison, K. Wilkinson, and J. Jannot. In press. Human-caused mortality and injury of NMFS-managed Alaska marine mammal stocks, 2013–2017. U.S. Department of Commerce, NOAA Tech. Memo. NMFSAFSC–XXX, XX 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. Henry A., M. Garron, A. Reid, D. Morin, W. Ledwell, T.C.N. Cole. 2019. Serious injury and mortality determinations for baleen whale stocks along the Gulf of Mexico, United States East Coast, and Atlantic Canadian Provinces, 2012–2016. U.S. Department of Commerce, Northeast Fish Sci Cent Ref Doc. 19–13; 54 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:// E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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-FLFinal-SAR.pdf) Marine Mammal Commission (MMC). 2018. Stock Assessment Reports: What is VerDate Sep<11>2014 16:04 Apr 15, 2020 Jkt 250001 missing and what are the costs? https:// www.mmc.gov/wp-content/uploads/ SARs-2018-update.pdf. National Marine Fisheries Service West Coast Region (NMFS–WCR). 2018. 2017 West Coast Entanglement Summary. 8 p. (Available at: https:// www.fisheries.noaa.gov/webdam/ download/97058165) PO 00000 Frm 00031 Fmt 4700 Sfmt 9990 21103 Authority: MMPA, 16 U.S.C. 1361 et seq. Dated: March 30, 2020. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2020–06908 Filed 4–15–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\16APR1.SGM 16APR1

Agencies

[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Rules and Regulations]
[Pages 21079-21103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 200327-0090]
RIN 0648-BI76


List of Fisheries for 2020

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 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: The effective date of this final rule is May 18, 2020.

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

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected 
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 562-980-3209; Suzie Teerlink, Alaska Region, 907-
586-7240; Kevin Brindock, Pacific Islands Region, 808-725-5146. 
Individuals who use a telecommunications device for the hearing 
impaired may call the Federal Information Relay Service at 1-800-877-
8339 between 8 a.m. and 4 p.m. 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

[[Page 21080]]

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

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other Category I or II fisheries that use similar fishing techniques 
or gear that are known to cause mortality or serious injury of marine 
mammals, or according to factors discussed in the final LOF for 1996 
(60 FR 67063; December 28, 1995) and listed in the regulatory 
definition of a Category II fishery. In the absence of reliable 
information indicating the frequency of incidental mortality and 
serious injury of marine mammals by a commercial fishery, NMFS will 
determine whether the incidental mortality or serious injury is 
``frequent,'' ``occasional,'' or ``remote'' by evaluating other factors 
such as fishing techniques, gear used, methods used to deter marine 
mammals, target species, seasons and areas fished, qualitative data 
from logbooks or fishermen reports, stranding data, and the species and 
distribution of marine mammals in the area, or at the discretion of the 
Assistant Administrator for Fisheries (50 CFR 229.2).
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

How does NMFS determine which species or stocks are included as 
incidentally killed or injured in a fishery?

    The LOF includes a list of marine mammal species and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean 
sections. To determine which species or stocks are included as 
incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs and injury determination 
reports. 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-

[[Page 21081]]

region. Information on observer coverage levels in Category I, II, and 
III fisheries can be found in the fishery fact sheets on the NMFS 
Office of Protected Resources' website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. 
Additional information on observer programs in commercial fisheries can 
be found on the NMFS National Observer Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.

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

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

Are high seas fisheries included on the LOF?

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

[[Page 21082]]

    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 FOR FURTHER 
INFORMATION CONTACT).

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 CONTACT). Forms may be submitted via any of the 
following means: (1) Online using the electronic form; (2) emailed as 
an attachment to [email protected]; (3) faxed to the NMFS Office 
of Protected Resources at 301-713-0376; or (4) mailed to the NMFS 
Office of Protected Resources (mailing address is provided on the 
postage-paid form that can be printed from the web address listed 
above). Reporting requirements and procedures are found in 50 CFR 
229.6.

Am I required to take an observer aboard my vessel?

    Individuals participating in a Category I or II fishery are 
required to accommodate an observer aboard their vessel(s) upon request 
from NMFS. MMPA section 118 states that the Secretary is not required 
to place an observer on a vessel if the facilities for quartering an 
observer or performing observer functions are so inadequate or unsafe 
that the health or safety of the observer or the safe operation of the 
vessel would be jeopardized; thereby authorizing the exemption of 
vessels too small to safely accommodate an observer from this 
requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico 
large pelagics longline vessels operating in special areas designated 
by the Pelagic Longline Take Reduction Plan implementing regulations 
(50 CFR 229.36(d)) will not be exempted from observer requirements, 
regardless of their size. Observer requirements are found in 50 CFR 
229.7.

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

    Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP 
regulations are found at 50 CFR 229.30 through 229.37. A description of 
each TRT and copies of each TRP can be 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 2020 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.

Comments and Responses

    NMFS received six comment letters on the proposed LOF for 2020 (84 
FR 54543; October 10, 2019). Comments were received from the Center for 
Biological Diversity (CBD), Hawaii Longline Association (HLA), Maine 
Lobstermen's Association (MLA), Marine Mammal Commission (Commission), 
Western Pacific Regional Fishery Management Council (WPRFMC) and a 
joint letter from Lund's Fisheries and The Town Dock. Responses to 
substantive comments are below; comments on actions not related to the 
LOF are not included.

General Comments

    Comment 1: CBD expresses concern regarding the diminishing quality,

[[Page 21083]]

quantity and timeliness of marine mammal and commercial fisheries 
interactions public data. As noted in the Commission's 2018 report (MMC 
2018), current resources do not allow NMFS to meet its obligations 
under MMPA section 117 (16 U.S.C. 1386). The lack of accurate and up-
to-date stock assessment reports compromises the integrity of fishery 
regulations and undermines public oversight. The LOF is the conduit for 
information in the stock assessment reports to be used in the 
regulation of fisheries. The lack of recent Scientific Review Group 
meeting minutes and recommendations hinders the public's ability to 
review new science that should be incorporated into the LOF for 2020.
    Response: When NMFS reviews the LOF annually, we use the best 
available scientific information, including the SARs. The SARs 
generally provide the most current and inclusive information on each 
stock's PBR level and level of interaction with commercial fishing 
operations; there may also be more recent reports that include bycatch 
estimates. The MMPA requires NMFS to review the SARs at least annually 
for strategic stocks and stocks for which significant new information 
is available and at least once every three years for non-strategic 
stocks. NMFS publishes a notice of availability and solicits public 
comments on the draft SARs annually. We strive to distribute the SRG 
meeting recommendations, minutes and correspondence in a timely manner, 
but the timeline this year was residually affected by the 2018-2019 
partial government shutdown.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 2: The Commission recommends NMFS reclassify both the 
Category II Yakutat salmon set gillnet and SE Alaska salmon drift 
gillnet fisheries as Category I fisheries. The Commission notes that 
NMFS reported a new abundance estimate for the Southeast Alaska (SEAK) 
stock of harbor porpoise in the 2016 SAR. That SAR also reported a 
population-size estimate of 975 porpoises and an estimated minimum 
population size (Nmin) of 896, which produced a PBR of 8.9 porpoises.
    The Commission states that low levels of observer coverage of the 
Yakutat salmon set gillnet fishery in 2007 and 2008 (5.3 and 7.6 
percent, respectively) documented four harbor porpoise mortalities, 
which, when extrapolated, yielded an estimated mean annual M/SI of 22 
animals. Similarly, observations of portions of the SE Alaska salmon 
drift gillnet fishery in 2012 and 2013 (6.4 and 6.6 percent observer 
coverage, respectively) documented two harbor porpoise mortalities, 
which, when extrapolated, yielded an estimated mean annual M/SI of 12 
animals. Therefore, the total M/SI estimate was 34 harbor porpoises 
annually. The Commission notes that these estimates have not changed in 
subsequent SARs. The M/SI for the SEAK harbor porpoise stock is nearly 
four times larger than its PBR, and the M/SI for each fishery exceeds 
PBR individually.
    Despite the uncertainty in the stock-size and M/SI estimates, the 
data reported in the SAR are the best available estimates for this 
stock, and clearly meet the criteria for a Category I classification 
for the Yakutat salmon set gillnet and SE Alaska salmon drift gillnet 
fisheries.
    Response: As stated in the Federal Register notice for the final 
2018 SARs (see 84 FR 28489, June 19, 2019, comment 17), the PBR level 
of 8.9 for the SEAK harbor porpoise stock was estimated based on a 
survey that covered only a portion of the currently-recognized 
distribution of this stock, and it included commercial fishery 
mortalities or serious injuries that occurred far north of the surveyed 
areas. We are concerned about the SEAK harbor porpoise stock, and we 
are collecting additional information on stock structure and abundance 
to reduce uncertainties in the data available to manage this stock, and 
we have prioritized the Southeast Alaska drift gillnet fishery for 
additional observer coverage, should resources become available. From 
these studies, we anticipate being able to better evaluate management 
concerns related to the AK Southeast Alaska salmon drift gillnet and AK 
Yakutat salmon set gillnet fisheries, including their classification on 
the future LOF. For the 2020 LOF, NMFS retains the Category II 
classification for the Yakutat salmon set gillnet and SE Alaska salmon 
drift gillnet fisheries.
    Comment 3: CBD acknowledges NMFS proposed to add the Western U.S. 
stock of Steller sea lion, which is listed as endangered under the ESA, 
to the list of species/stocks incidentally killed or injured in the 
Category II AK Bering Sea Aleutian Islands Pacific cod longline 
fishery. They note that the LOF includes many fisheries that take 
endangered and threatened marine mammals, but no U.S. fishery currently 
has a valid MMPA authorization under section 101(a)(5)(E) to take ESA-
listed marine mammals (16 U.S.C. 1371(a)(5)(E)). CBD recommends NMFS 
monitor, analyze and mitigate fisheries' interactions with endangered 
marine mammals in compliance with Federal statutes.
    Response: The AK Bering Sea Aleutian Islands Pacific cod longline 
fishery, along with other federally-managed fisheries, are monitored 
for marine mammal bycatch through the North Pacific Observer Program, 
and these data are then considered in the LOF. Publication of the LOF 
does not authorize take of threatened or endangered marine mammals 
incidental to commercial fishing. Under section 101(a)(5)(E) of the 
MMPA, NMFS issues permits for the incidental taking of threatened or 
endangered species listed under the ESA, if it can be determined that 
(1) mortality and serious injury incidental to commercial fisheries 
would have a negligible impact on the affected species or stock, (2) a 
recovery plan for that species or stock has been developed or is being 
developed, and (3) where required under section 118, a monitoring 
program has been established, vessels are registered, and a TRP has 
been developed or is being developed. Further, classifications made 
under the LOF are based on the best available science, and are not 
dependent on, or related to, the current status of other regulatory 
processes, including the issuance of authorizations under section 
101(a)(5)(E) of the MMPA.
    Comment 4: CBD supports reclassifying the CA coonstripe shrimp 
fishery from a Category III to a Category II fishery based on an 
entangled humpback whale that would have been classified as a serious 
injury if the whale had not been subsequently disentangled.
    Response: NMFS has reclassified the CA coonstripe shrimp fishery 
from a Category III to a Category II fishery.
    Comment 5: CBD recommends NMFS reclassify the Category III WA/OR/CA 
groundfish, bottomfish longline/set line fishery as a Category II 
fishery based on observed injuries and mortalities of sperm whales 
reported in Jannot et al. 2018. CBD states the CA/OR/WA stock of sperm 
whales has a PBR of 2.5 animals per year, and the total annual fishery-
related M/SI of sperm whales is above 10 percent of PBR.
    Response: For the proposed 2020 LOF, NMFS reviewed Jannot et al. 
2018 and considered the estimates of sperm whale bycatch presented. 
Upon further investigation, the estimates provided in Jannot et al. 
2018 were based on an observed vessel collision in 2007 that was 
characterized as a non-serious injury. This non-serious injury was 
evaluated and reported in the most recent SAR for CA/OR/WA sperm whales 
(Carretta et al. 2019). Given that this information does not suggest 
that

[[Page 21084]]

mortality or serious injury of CA/OR/WA sperm whales has been occurring 
as a result of the WA/OR/CA groundfish, bottomfish longline/set line 
fishery, NMFS will not reclassify the Category III WA/OR/CA groundfish, 
bottomfish longline/set line fishery at this time.
    Comment 6: CBD recommends NMFS add the AT1 transient stock of 
killer whales to the list of species/stocks incidentally killed or 
injured in the Category II CA Dungeness crab pot fishery, based on an 
entanglement in 2015 (NMFS-WCR 2018).
    Response: As stated in the Federal Register notice for the final 
2018 SARs (see 84 FR 28489, June 19, 2019, comment 24), based on 
genetic analysis, the killer whale that became entangled in commercial 
California Dungeness crab pot gear in 2015 was identified as a 
transient killer whale with a mitochondrial DNA (mtDNA) haplotype that 
has been found in transient killer whales in the Pribilof Islands and 
western Aleutian Islands. However, the whale cannot be assigned to a 
specific stock because mtDNA haplotypes are unique to ecotypes of 
killer whales (e.g., resident, transient, offshore) but not to 
populations. Therefore, we will assign this mortality to both the Gulf 
of Alaska, Aleutian Islands, and Bering Sea Transient killer whale 
stock and the West Coast Transient killer whale stock in the next 
revisions of these SARs and in the NOAA Technical Memorandum that 
contains information on human-caused mortality and injury of NMFS-
managed Alaska marine mammal stocks in 2013-2017 (Delean et al. in 
press). Therefore, NMFS will not add the AT1 transient stock of killer 
whales to the list of species/stocks incidentally killed or injured in 
the Category II CA Dungeness crab pot fishery in the 2020 LOF. NMFS 
will use this information in future LOFs when reviewing and updating 
the list of species/stocks incidentally killed or injured in the 
Category II CA Dungeness crab pot fishery.
    Comment 7: CBD does not support NMFS' proposal 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 
because observer coverage is only 20 percent. CBD notes the lack of 
observed mortalities or injuries does not mean injuries and mortalities 
are not occurring.
    Response: The 2020 LOF is based on the 2018 SARs, which report 
fishery interactions from 2012-2016; this is the best scientific and 
commercial information available for the time period examined. There 
were no sperm whale mortalities or injuries in the Hawaii deep-set 
longline fishery during the 2012-2016 time period reported in the SARs. 
NMFS has removed 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.
    Comment 8: The HLA recommends NMFS remove the MHI Insular stock of 
false killer whale from the list species and/or stocks incidentally 
killed or injured in the Category I Hawaii deep-set longline fishery as 
proposed in the 2019 LOF. NMFS retained this stock in the final 2019 
LOF, and HLA expresses concern that this was contrary to the best 
available science.
    HLA notes that (a) the False Killer Whale Take Reduction Plan 
(FKWTRP) closed the deep-set longline fishery for almost the entire 
range of the MHI Insular and NWHI stocks, (b) since this change was 
made in 2013 there have been no interactions between the fishery and an 
animal from either stock, and (c) there has never been a deep-set 
longline fishery interaction in the very small area of the stocks' 
respective ranges that are not closed to longline fishing. The 
commenter also states that no information has been presented to the 
False Killer Whale TRT or the Pacific Scientific Review Group 
suggesting any of the 2018 and 2019 false killer whale interactions 
referenced by NMFS in the 2019 final rule (84 FR 22051) have been or 
will be attributed to the MHI Insular stock of false killer whale. HLA 
requests that NMFS remove the MHI Insular stock of false killer whales 
from the list of species and/or stocks incidentally killed or injured 
in the Category I Hawaii deep-set longline fishery.
    Response: As noted in the 2019 LOF (84 FR 22051, June 17, 2019), 
for fisheries with no observer coverage and for observed fisheries with 
evidence indicating that undocumented interactions may be occurring 
(e.g., fishery has evidence of fisheries interactions that cannot be 
attributed to a specific fishery, and stranding network data include 
evidence of fisheries interactions that cannot be attributed to a 
specific fishery), stocks may be retained on the LOF for longer than 
five years. For these fisheries, NMFS will review the other sources of 
relevant information to determine when it is appropriate to remove a 
species or stock from the LOF.
    As described in the 2019 LOF (84 FR 22051, June 17, 2019), six 
false killer whale mortalities and serious injuries incidental to the 
deep-set longline fishery were observed inside the EEZ around Hawaii, 
including three mortalities and serious injuries that occurred close to 
the outer boundary of the Main Hawaiian Islands Longline Fishing 
Prohibited Area, in close proximity to the outer boundary of the MHI 
Insular false killer whale stocks' range. These interactions have not 
yet been evaluated for assignment to insular or pelagic stocks in the 
SAR. Additionally, the MHI Insular false killer whale range overlaps 
with areas that are open to deep-set longline fishing and MHI Insular 
false killer whales have been documented with injuries consistent with 
fisheries interactions that have not been attributed to a specific 
fishery (Baird et al., 2014). For the above reasons, NMFS retains the 
MHI Insular false killer whale stock on the list of species and/or 
stocks killed or injured incidental to the Category I HI deep-set 
longline fishery.
    Comment 9: HLA restates a previous comment and recommends NMFS 
reclassify the Hawaii shallow-set longline fishery as a Category III 
fishery. HLA notes that the Hawaii shallow-set longline fishery has 100 
percent observer coverage, and only one serious injury has been 
observed in the EEZ since 2008. HLA states the 2017 SAR attributes a 
0.1 M/SI to the shallow-set longline fishery for the pelagic stock of 
false killer whales in the U.S. EEZ. However, the 0.1 M/SI rate is 
derived entirely from a 2012 interaction on which NMFS was unable to 
make a serious injury determination, and which was given a ``cannot-be-
determined'' determination. This determination was then prorated as 0.3 
M/SI because, in the previous five years, there were three interactions 
between the shallow-set longline fishery and the pelagic false killer 
whale stock in the EEZ. HLA believes if the ``cannot-be-determined'' 
determination for the 2012 interaction is prorated based upon the five-
year look-back period used in the 2017 SAR (2011-2015), then the M/SI 
rate would be 0.0, because there were only two other interactions from 
2011-2015, both of which were determined to be non-serious. Therefore, 
HLA recommends the shallow-set longline fishery should be reclassified 
as a Category III fishery.
    Response: This comment has been addressed previously (see 84 FR 
22051, June 17, 2019, comment 13; 83 FR 5349, February 7, 2018, comment 
26). NMFS uses the classification criteria described in the preamble to 
classify fisheries as Category I, Category II, or Category III. A 
fishery is classified under Category II if the annual mortality and 
serious injury of a stock in a given fishery is greater than 1 percent 
and less than 50 percent of the stock's PBR level. Additional details 
regarding categorization of fisheries is provided in

[[Page 21085]]

the preamble to the final rule implementing section 118 of the MMPA (60 
FR 45086; August 30, 1995). The false killer whale interaction in 2012 
that resulted in a ``cannot be determined'' determination was prorated 
following the methods described in the 2017 SAR (Carretta et al., 
2018), which prorates serious versus non-serious injuries using the 
historic rate of serious injury, while accounting for changes in gear 
following implementation of the FKWTRP in 2013. This proration resulted 
in a 0.3 M/SI for the pelagic false killer whale stock as reported in 
the 2017 SAR, which is 1.07 percent of PBR and within the range of 1-50 
percent of PBR, requiring NMFS to classify the fishery as a Category II 
fishery, consistent with section 118 of the MMPA.
    Comment 10: HLA supports removing the Hawaii stock of sperm whale 
from the list of species and/or stocks incidentally killed or injured 
in the Category I Hawaii deep-set longline fishery.
    Response: NMFS has removed the Hawaii stock of sperm whale from the 
list of species and/or stocks incidentally killed or injured in the 
Category I Hawaii deep-set longline fishery.
    Comment 11: HLA supports removing the Hawaii stock of short-finned 
pilot whale from the list of species and/or stocks incidentally killed 
or injured in the Category II Hawaii shallow-set longline fishery.
    Response: NMFS has removed the Hawaii stock of short-finned pilot 
whale from the list of species and/or stocks incidentally killed or 
injured in the Category II Hawaii shallow-set longline fishery.
    Comment 12: WPRFMC provides clarification on the source of 
information used to revise the number of vessels/persons for the 
American Samoa bottomfish handline fishery in the proposed rule from 
1,092 to 2,095. NMFS began citing the Council's Annual Stock Assessment 
and Fishery Evaluation (SAFE) report for the fishery participation data 
in the 2019 LOF, which resulted in the number of vessels/persons 
revised from 17 in the previous LOF to 1,092 in the 2019 LOF; and the 
subsequent revision to 2,095 in the proposed 2020 LOF. WPRFMC notes the 
method used in the Annual SAFE Report estimates participation for the 
American Samoa bottomfish fishery by multiplying the average number of 
fishers per trip by the number of trips per day, and then by the number 
of dates in the calendar year by gear type. The commenter also states 
this method does not generate a count of unique fishermen in the 
fishery, but rather an estimation of the cumulative number of fishermen 
participating in the bottomfish fishery in a calendar year, 
representing duplicate counts of fishermen throughout the year. The 
method also results in an overestimation of fishery participation, as 
it does not account for days without bottomfish fishing effort and 
consequently assumes that bottomfish fishing occurs every day in the 
calendar year.
    The WPRFMC Plan Team determined this method to be an inappropriate 
approach for tracking fishery participation trends and removed the 
metric from the 2018 Annual SAFE Report (published in July 2019). The 
Plan Team also noted that the fishery participation metric estimate of 
2,095 reported in the 2017 Annual SAFE Report was likely an estimation 
error, rather than a true doubling of effort from 2016 to 2017. WPRFMC 
recommends NMFS use information from the Environmental Assessment for 
the Specification of the 2016-2017 Annual Catch Limits for the American 
Samoa bottomfish fishery for the 2020 LOF, which describes the fishery 
as a small scale fishery consisting of fewer than 30 part-time, 
relatively small commercial vessels landing between 6,000-35,000 pounds 
(2,722-15,876 kilograms) annually.
    Response: Following review of the 2018 Annual SAFE Report and the 
2017 Environmental Assessment, NMFS updates the estimated number of 
vessels/persons in the American Samoa bottomfish handline fishery as 
being fewer than 30 vessels in the LOF for 2020.

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

    Comment 13: CBD does not support NMFS' proposal to remove the WNA 
stocks of hooded seal and long-finned pilot whale from the list of 
species/stocks incidentally killed or injured in the Category I 
Northeast sink gillnet fishery. The commenter states observer coverage 
from 2012-2016 was low (15, 11, 18, 14 and 10 percent each year, 
respectively) and interactions with these stocks may be unobserved.
    Response: No hooded seal or long-finned pilot whale mortalities or 
injuries were observed or reported in the Northeast sink gillnet 
fishery from 2012-2016 (Hayes et al., 2019). The last observed M/SI of 
these stocks in the Northeast sink gillnet fishery was in 2004 and 
2010. In general, we list species/stocks incidentally killed or injured 
in a particular fishery based on data observed from the last 5 years. 
The list contained in the LOF is not intended to serve as a historical 
overview of mortalities and injuries, as that data is available in 
individual species SARs, as well as in Appendix III of the SAR.
    From 2012-2016, observer coverage for the Northeast sink gillnet 
fishery was 2, 3, 5, 6 and 8 percent each year, respectively. 
Additionally, while some strandings did occur during this timeframe in 
Massachusetts, none of the stranded animals (live or dead) showed 
evidence of human interaction.
    NMFS has removed the Western North Atlantic stocks of hooded seals 
and long-finned pilot whales from the list of species and/or stocks 
incidentally killed or injured in the Category I Northeast sink gillnet 
fishery. NMFS will annually monitor bycatch of marine mammals in the 
Northeast sink gillnet fishery and will make adjustments to Table 2, 
should takes be observed in the future.
    Comment 14: The MLA recommends NMFS reclassify the Maine lobster 
fishery as a stand-alone fishery, instead of including the fishery as 
part of the broader Category I Northeast/mid-Atlantic American lobster 
pot fishery.
    The commenter requests that NMFS categorize Maine's exempted waters 
lobster fishery as a Category III fishery, due to the rarity of whale 
sightings and lack of documented M/SI with this sector of the American 
lobster fishery. MLA notes Maine's exempt waters lobster fishery is a 
small boat fishery which uses smaller ropes and lighter gear, compared 
to other segments of the Northeast lobster fishery.
    MLA also requests that NMFS categorize Maine's non-exempt waters 
lobster fishery as a Category II fishery, based on the decline in right 
whale sightings, lack of documented right whale entanglements, lack of 
observed interactions from the Federal observer program, and the 
efficacy of TRP measures implemented in 2009 and 2014.
    The commenter states that multiple data sources, including acoustic 
surveys, right whale sightings data, and low copepod concentrations, 
document that right whales are extremely rare in Maine's exempt waters, 
are not found in large numbers in Maine's non-exempt waters, and are 
unlikely to feed in these areas. In addition, MLA notes, there has been 
only one right whale entangled in Maine gear in April 2002, and the 
entanglement was determined to be a non-serious injury. There are two 
additional non-serious injury entanglement cases that involved Maine 
lobster gear. However, Maine lobster gear was not the primary 
entangling gear in these cases.

[[Page 21086]]

    Response: The information provided by the commenter is insufficient 
for splitting the Northeast/Mid-Atlantic American lobster trap/pot into 
multiple fisheries. Fisheries are categorized based on the gear types 
used, how the gear is fished, and the behavior of the fishery related 
to the risk to marine mammals. Multiple states participate in the 
American lobster trap/pot fisheries, using a wide variety of gear and 
gear configurations throughout a large portion of coastal waters. While 
we recognize this variety within the fishery at large, there are no 
clear boundaries to divide gear use across the wider area, as suggested 
by this comment. Importantly, the state of Maine does not use unique 
gear configurations, compared to gear configurations used in other 
states, and gear configurations within Maine's waters are not uniform 
or divided across the geographic boundaries (i.e., exemption lines) 
that MLA has identified. Further, gear marking and right whale 
monitoring efforts throughout Maine waters are insufficient to 
determine that the gear or area presents a different risk to large 
whales.
    MLA suggests that differences in rope diameter used by the inshore 
fishery (i.e. fisheries exempted under the Atlantic Large Whale TRP 
management requirements) are sufficient to reduce any risk to large 
whales, and thereby make it a distinct fishery. The commenter indicates 
that coastal lobster fisheries in Maine state waters utilize 3/8th 
diameter line and fish doubles and, therefore, pose less of a risk to 
right whales than other fisheries. While this may characterize a 
portion of the inshore fishery, this information is based on a small 
sample size from self-reported surveys conducted by Maine's Department 
of Marine Fisheries and does not take into account varying breaking 
strength or other variability within this fishery. In this same study, 
high variability in line diameter used and number of pots trawled in 
the coastal fishery was also shown. According to Summers et al. 2019 
(Assessment of Vertical Line Use in Gulf of Maine Region Fixed Gear 
Fisheries presentation to Atlantic Large Whale TRT), of the 647 
responses received from Maine permitted lobster fishermen 
(approximately 15 percent of the total of actively fishing permitted 
Maine vessels), less than 60 percent of that sample included those who 
fish between 0-3 nautical miles from shore. While the majority of this 
small sample size responded that they primarily fish single and double 
pots, some voluntary respondents answered that they fish a range 
between 5-30+ pot trawls. While there were fewer responses citing these 
higher trawl numbers, it shows the variability of the Maine state 
lobster fishery. The 3/8th line diameter and limited trap/pots 
justification is not uniform throughout the inshore area and is not 
unique to Maine waters; therefore, these areas are not representative 
of a unique fishery compared to the rest of the lobster fishery.
    MLA also cites a lack of right whale sightings in Maine state 
waters as justification for reclassifying the Maine lobster fisheries. 
However, it is important to recognize that whale sighting information 
is related to monitoring efforts, which are largely a reflection of 
survey resource prioritization. Until this point, right whale surveys 
have focused on areas where high abundance and social/feeding 
aggregations are known to occur, due to resource constraints. As noted 
at the October 2018 TRT meeting, this is an artifact of prioritizing 
the monitoring of population and health assessments through mark 
recapture methods that require maximizing photo-identification 
opportunities, rather than prioritizing coverage of the entire range of 
right whales. Despite the lack of directed survey efforts, from 2014-
2018, there were at least six right whale opportunistic sightings 
reported and documented in Maine waters in the North Atlantic Right 
Whale Consortium's sightings database (Industrial Economics Inc., 
personal communication). Also, bioacoustic gliders implemented between 
December 2018 and April 2019 had several potential detections of right 
whales in the Maine inshore waters (Baumgartner, in review). This shows 
that the right whales are present in Maine state waters, even those 
overlapping exempted areas. Given the population distribution shifts 
and critical status of the population, we are allocating resources 
towards broader surveys that will provide further insight into the 
habitat use and distribution of these whales; these broader surveys 
will include regular aerial and acoustic surveys of Maine waters 
throughout the upcoming year.
    As the commenter stated, there are three right whale entanglement 
cases (E11-11, E43-12, and E36-16) where gear has been recovered with 
red tracers, which is the gear marking scheme required in the Northern 
Inshore Trap/Pot fishery management area, a management area that 
overlaps Maine, New Hampshire, and Massachusetts state waters. In two 
of these cases, the specific trap/pot fishery was not identified. 
Therefore, it cannot be ruled out that the entanglements (one of which 
resulted in a mortality) may have occurred off the coast of Maine in 
non-exempt waters. The commenter referenced Case E36-16 (which was 
confirmed to be Massachusetts lobster gear from the Northern Inshore 
Trap/Pot management area) as an example of why the Maine state 
fisheries should have a separate designation compared to other lobster 
fisheries. However, we consider this example as evidence as to why all 
lobster fisheries should remain classified together. Given that there 
are limited differences between the gear used in the waters throughout 
the current management areas, this example shows that lobster gear 
poses a potential risk to right whales in any area where right whale 
and lobster fishery distributions overlap.
    With this request, the commenter is also not taking into 
consideration the high percentage of multiple sightings of unidentified 
entanglements, with first sightings in either the U.S. or in Canada. 
Over the past 5 years, there have been 4.15 M/SI entanglements 
documented annually where the origin of the entanglement is unknown 
(Hayes et al., in review). NMFS has proposed two ways to include these 
M/SI in risk assessment reduction measure metrics: By taking the total 
unknown entanglements and dividing them in half to allocate 50 percent 
of the unknown entanglements to U.S. fisheries and 50 percent to 
Canadian fisheries, or by assigning the incident to the country the 
entanglement was first sighted in as the country of origin. Both 
options produced similar results; the range of entanglements for U.S. 
fisheries is 0.2-2.45 (2.075 if the risk is divided by 50 percent). The 
median M/SI entanglement potential is 1.325 animals per year, or 165 
percent of PBR.
    The sample size of recovered gear from entanglements is small, and 
much of the retrieved gear is unmarked and cannot be attributed to a 
particular location. Currently, gear marking is not required in 
exempted areas. The lack of marks on retrieved gear may indicate that 
the current marking scheme is inadequate, or that entanglements are 
occurring in areas where gear is not currently marked, such as 
international waters or current exempted areas. The state of Maine is 
currently pursuing a gear marking regime in these exempted waters that 
will provide additional data about entanglement risk in these areas. 
The MLA states that there are ``zero instances'' in any data set of 
Maine of lobster gear associated with a right whale serious injury or 
mortality, and that the only known entanglement in

[[Page 21087]]

which Maine lobster gear was the primary entangling gear occurred in 
2002 and resulted in a non-serious injury determination. We recognize 
that there has only been one confirmed mortality (in 2012) in American 
lobster gear in the past decade. All other documented lobster 
interactions were determined to result in non-serious injuries. 
However, there have been a number of entanglements for which 
interventions occurred because these entanglements were determined to 
be resulting in serious injuries (Henry et al., 2019). According to 
NMFS' ``Process for Distinguishing Serious from Non-Serious Injury of 
Marine Mammals (NMFS 2015, 02-238-01),'' cases that would have been 
serious injuries prior to disentanglement are not counted against PBR 
in the SAR, but they are included in the recorded takes for the LOF and 
associated management measures. Aerial surveys, whale watching boats, 
the presence of other fisheries, and the presence of, and associated 
outreach by, a disentanglement team contribute to the higher reporting 
of entanglement sightings in certain areas (i.e. Massachusetts) than in 
Maine state waters and offshore waters. However, that does not mean the 
risk is nonexistent in other areas where entanglements are not 
observed. With 85 percent of all right whales exhibiting entanglement 
scars, it is reasonable and prudent to assume that entanglements are 
indeed occurring in areas where observations have not yet been 
reported.
    As stated above, we find that there is insufficient information to 
suggest that Maine's fisheries should be split from the American 
lobster trap/pot fisheries, because the gear used in Maine waters are 
not unique from other states. Further, we maintain that entanglement 
data indicates that the gear used across this fishery remains a risk to 
right whales. Should Maine fisheries make significant changes to their 
gear configurations that differentiate these fisheries from other 
lobster trap/pot fisheries, such as eliminating vertical lines, we will 
reconsider this decision.
    Comment 15: Lund's Fisheries and The Town Dock restate a previous 
comment requesting that NMFS conduct a tier analysis of long-finned 
pilot whale M/SI in the small mesh and large mesh bottom trawl 
fisheries, and that NMFS consider classifying the small mesh and large 
mesh bottom trawl fisheries as separate fisheries on the LOF. The 
commenters note the small mesh bottom trawl longfin squid fishery is 
included on the LOF in both of the Category II Northeast and mid-
Atlantic bottom trawl fisheries. In 2018, the Marine Stewardship 
Council determined that the U.S. Northeastern Longfin Inshore Squid 
Small Mesh Bottom Trawl Fishery, harvested by small mesh bottom trawls 
in U.S. waters between the Gulf of Maine and Cape Hatteras, NC, was 
certified as a sustainable fishery.
    Response: Separating the small mesh and large mesh trawl fisheries 
is not appropriate with respect to evaluating the risk posed to marine 
mammals by the fisheries. Further, given that the fisheries operate in 
similar manners, in similar locations, and given that many small mesh 
trawl fisheries go between coastal and offshore waters, it would be 
difficult to distinguish between fisheries for such an analysis.
    As previously stated (see 84 FR 22051, June 17, 2019, comment 15), 
we did not reclassify any of the trawl fisheries based on upcoming 
draft population assessments for the long finned pilot whale. The 2019 
draft SARs (84 FR 65353, November 27, 2019) combines the U.S. and 
Canadian population assessments from 2016 survey efforts for long-
finned pilot whales throughout their range, from central Virginia north 
to Labrador. This estimate is larger than that previously reported in 
the SAR, because the updated estimate is derived from a survey area 
extending from Newfoundland to Florida, which is about 1,300,000 km\2\ 
larger than the 2011 survey area used in the previous SAR. In addition, 
the newer survey estimates in U.S. waters were corrected for 
availability bias (due to diving behavior), whereas the earlier 
estimates were not corrected.
    The new minimum population estimate for this stock is 30,627 
animals, with a PBR of 306. The Northeast bottom trawl fishery has a 
mean combined annual mortality of 15 pilot whales (4.9 percent of PBR). 
Therefore, the Category II classification for this fishery remains 
appropriate.
    Comment 16: CBD does not support NMFS' proposal 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. CBD notes that while it 
may be true that, from 2008 to 2012, there were no documented fishery 
related injuries or mortalities in shrimp trawl fisheries (USFWS 2014), 
it is unknown whether the fishery monitoring was adequate to estimate 
unobserved or undocumented interactions.
    Response: In general, we list species/stocks incidentally killed or 
injured in a particular fishery based on data collected from the last 5 
years. The list contained in the LOF is not intended to serve as a 
historical overview of mortalities and injuries, as that data is 
available in individual species SARs. Observer programs provide data 
that is included in the SARs. All manatee deaths and injuries are 
monitored extensively through the Florida Fish and Wildlife 
Conservation Commission's Marine Mammal Pathobiology Laboratory carcass 
recovery and necropsy program, as well as their accessory field labs 
around the State of Florida. There has been no additional evidence from 
this effort to suggest mortality or injury from the shrimp trawl 
fishery. Following consultation with the U.S. Fish and Wildlife Service 
(USFWS), and as included in the proposed rule, in this 2020 LOF NMFS 
has removed the Florida stock of West Indian manatee from the list of 
species and/or stocks incidentally killed or injured in the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery.

Summary of Changes From the Proposed Rule

    NMFS updates the estimated number of vessels/persons in the 
Category III American Samoa bottomfish handline fishery from 1,092 
vessels/persons to fewer than 30 vessels/persons.

Summary of Changes to the LOF for 2020

    The following summarizes changes to the LOF for 2020, including the 
classification of fisheries, 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. The classifications and 
definitions of U.S. commercial fisheries for 2020 are identical to 
those provided in the LOF for 2019, except for 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 renames 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 reclassifies the CA

[[Page 21088]]

coonstripe shrimp fishery from a Category III to a Category II fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS clarifies 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. Based on this 
clarification, NMFS also removes the Category III AK Metlakatla salmon 
purse seine fishery from the LOF.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:
Category I
     HI deep-set longline fishery from 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;

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

    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds the Western U.S. stock of Steller sea lion to, and 
removes 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.
    NMFS adds 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.
    NMFS adds 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: (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 adds 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.
    NMFS adds 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.
    NMFS adds 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; and (2) 
Alaska stock of bearded seal.
    NMFS removes 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.
    NMFS removes 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.
    NMFS removes 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.
    NMFS removes 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.
    NMFS removes 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.

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

Fishery Name and Organizational Changes and Clarification

    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS removes 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.

Number of Vessels/Persons

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

[[Page 21089]]

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

    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS removes 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.
    Following consultation with the USFWS, NMFS removes the Florida 
stock of West Indian manatee from the list of species/stocks 
incidentally killed or injured in the Category II Southeastern U.S. 
Atlantic, Gulf of Mexico shrimp trawl fishery.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates 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;
     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 removes 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.
    NMFS removes 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.

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

[[Page 21090]]

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 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 and/or
           Fishery description             Estimated number of vessels/persons   stocks  incidentally killed or
                                                                                             injured
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY I
----------------------------------------------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline * [caret].......  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.
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY II
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/swordfish drift      14.................................  Bottlenose dolphin, CA/OR/WA
     gillnet (>=14 in mesh) *.                                                   offshore.
                                                                                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 and other     37.................................  California sea lion, U.S.
     species set gillnet (>3.5 in mesh).
                                                                                Gray whale, 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, and white    22.................................  California sea lion, U.S.
     seabass drift gillnet (mesh size                                           Long-beaked common dolphin, CA.
     >=3.5 in and <14 in) \2\.                                                  Short-beaked common dolphin, CA/
                                                                                 OR/WA.

[[Page 21091]]

 
    AK Bristol Bay salmon drift gillnet    1,862..............................  Beluga whale, Bristol Bay.
     \2\.                                                                       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 gillnet \2\  979................................  Beluga whale, Bristol Bay.
                                                                                Gray whale, Eastern North
                                                                                 Pacific.
                                                                                Harbor seal, Bering Sea.
                                                                                Northern fur seal, Eastern
                                                                                 Pacific.
                                                                                Spotted seal, AK.
    AK Kodiak salmon set gillnet.........  188................................  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.
    AK Cook Inlet salmon set gillnet.....  736................................  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.
    AK Cook Inlet salmon drift gillnet...  569................................  Beluga whale, Cook Inlet.
                                                                                Dall's porpoise, AK.
                                                                                Harbor porpoise, GOA.\1\
                                                                                Harbor seal, GOA.
                                                                                Steller sea lion, Western U.S.
    AK Peninsula/Aleutian Islands salmon   162................................  Dall's porpoise, AK.
     drift gillnet \2\.                                                         Harbor porpoise, GOA.
                                                                                Harbor seal, GOA.
                                                                                Northern fur seal, Eastern
                                                                                 Pacific.
    AK Peninsula/Aleutian Islands salmon   113................................  Harbor porpoise, Bering Sea.
     set gillnet \2\.                                                           Northern sea otter, Southwest
                                                                                 AK.
                                                                                Steller sea lion, Western U.S.
    AK Prince William Sound salmon drift   537................................  Dall's porpoise, AK.
     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 gillnet....  474................................  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.
    AK Yakutat salmon set gillnet \2\....  168................................  Gray whale, Eastern North
                                                                                 Pacific.
                                                                                Harbor Porpoise, Southeastern
                                                                                 AK.
                                                                                Harbor seal, Southeast AK.
                                                                                Humpback whale, Central North
                                                                                 Pacific (Southeast AK).
    WA Puget Sound Region salmon drift     154................................  Dall's porpoise, CA/OR/WA.
     gillnet (includes all inland waters                                        Harbor porpoise, inland WA.\1\
     south of US-Canada border and                                              Harbor seal, WA inland.
     eastward of the Bonilla-Tatoosh line-
     Treaty Indian fishing is excluded).
Trawl Fisheries:
    AK Bering Sea, Aleutian Islands        32.................................  Bearded seal, AK.
     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\

[[Page 21092]]

 
                                                                                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 Islands        102................................  Bearded Seal, AK.
     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 Islands        17.................................  Killer whale, ENP AK
     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/WA2.\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 pot........  197................................  Gray whale, Eastern North
                                                                                 Pacific.
                                                                                Humpback whale, CA/OR/WA.\1\
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian Islands        45.................................  Killer whale, Eastern North
     Pacific cod longline.                                                       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.
    AK Gulf of Alaska sablefish longline.  295................................  Sperm whale, North Pacific.
                                                                                Steller sea lion, Eastern U.S.
                                                                                Steller sea lion, Western U.S.
    HI shallow-set longline * [caret]....  18.................................  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.
    American Samoa longline \2\..........  15.................................  False killer whale, American
                                                                                 Samoa.
                                                                                Rough-toothed dolphin, American
                                                                                 Samoa.
                                                                                Short-finned pilot whale,
                                                                                 unknown.
    HI shortline \2\.....................  9..................................  None documented.
----------------------------------------------------------------------------------------------------------------
                                                  CATEGORY III
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
    AK Kuskokwim, Yukon, Norton Sound,     1,778..............................  Harbor porpoise, Bering Sea.
     Kotzebue salmon gillnet.

[[Page 21093]]

 
    AK Prince William Sound salmon set     29.................................  Harbor seal, GOA.
     gillnet.                                                                   Humpback whale, Central North
                                                                                 Pacific.
                                                                                Sea otter, South central AK.
                                                                                Steller sea lion, Western U.S.
    AK roe herring and food/bait herring   920................................  None documented.
     gillnet.
    CA set gillnet (mesh size <3.5 in)...  296................................  None documented.
    HI inshore gillnet...................  36.................................  Bottlenose dolphin, HI.
                                                                                Spinner dolphin, HI.
    WA Grays Harbor salmon drift gillnet   24.................................  Harbor seal, OR/WA coast.
     (excluding treaty Tribal fishing).
    WA/OR Mainstem Columbia River          15.................................  None documented.
     eulachon gillnet.
    WA/OR lower Columbia River (includes   110................................  California sea lion, U.S.
     tributaries) drift gillnet.                                                Harbor seal, OR/WA coast.
    WA Willapa Bay drift gillnet.........  82.................................  Harbor seal, OR/WA coast.
                                                                                Northern elephant seal, CA
                                                                                 breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon purse seine.....  83.................................  Humpback whale, Central North
                                                                                 Pacific.
    AK Kodiak salmon purse seine.........  376................................  Dall's porpoise, AK.
                                                                                Humpback whale, Central North
                                                                                 Pacific.
                                                                                Humpback whale, Western North
                                                                                 Pacific.
    AK Southeast salmon purse seine......  315................................  Humpback whale, Central North
                                                                                 Pacific.
    AK roe herring and food/bait herring   10.................................  None documented.
     beach seine.
    AK roe herring and food/bait herring   356................................  None documented.
     purse seine.
    AK salmon beach seine................  31.................................  None documented.
    AK salmon purse seine (Prince William  936................................  Harbor seal, GOA.
     Sound, Chignik, Alaska Peninsula).                                         Harbor seal, Prince William
                                                                                 Sound.
    WA/OR sardine purse seine............  42.................................  None documented.
    CA anchovy, mackerel, sardine purse    65.................................  California sea lion, U.S.
     seine.                                                                     Harbor seal, CA.
    CA squid purse seine.................  80.................................  Long-beaked common dolphin, CA.
                                                                                Short-beaked common dolphin, CA/
                                                                                 OR/WA.
    CA tuna purse seine *................  10.................................  None documented.
    WA/OR Lower Columbia River salmon      10.................................  None documented.
     seine.
    WA/OR herring, smelt, squid purse      130................................  None documented.
     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 aquaculture......  unknown............................  None documented.
    CA salmon enhancement rearing pen....  >1.................................  None documented.
    CA white seabass enhancement net pens  13.................................  California sea lion, 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 aquaculture..........  23.................................  None documented.
Troll Fisheries:
    WA/OR/CA albacore surface hook and     705................................  None documented.
     line/troll.
    CA halibut hook and line/handline....  unknown............................  None documented.
    CA white seabass hook and line/        unknown............................  None documented.
     handline.
    AK Bering Sea, Aleutian Islands        unknown............................  None documented.
     groundfish hand troll and dinglebar
     troll.
    AK Gulf of Alaska groundfish hand      unknown............................  None documented.
     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 Northern Mariana   40.................................  None documented.
     Islands tuna troll.
    Guam tuna troll......................  432................................  None documented.
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian Islands        4..................................  Killer whale, AK resident.
     Greenland turbot longline.
    AK Bering Sea, Aleutian Islands        22.................................  None documented.
     sablefish longline.

[[Page 21094]]

 
    AK Bering Sea, Aleutian Islands        127................................  Northern fur seal, Eastern
     halibut longline.                                                           Pacific.
                                                                                Sperm whale, North Pacific.
    AK Gulf of Alaska halibut longline...  855................................  Steller sea lion, Eastern U.S.
    AK Gulf of Alaska Pacific cod          92.................................  Steller sea lion, Western U.S.
     longline.
    AK octopus/squid longline............  3..................................  None documented.
    AK state-managed waters longline/      464................................  None documented.
     setline (including sablefish,
     rockfish, lingcod, and miscellaneous
     finfish).
    WA/OR/CA groundfish, bottomfish        367................................  Bottlenose dolphin, CA/OR/WA
     longline/set line.                                                          offshore.
                                                                                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 longline.......  350................................  None documented.
    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 Islands Atka   13.................................  Bearded seal, AK.
     mackerel trawl.                                                            Steller sea lion, Western U.S.
    AK Bering Sea, Aleutian Islands        72.................................  Bearded seal, AK.
     Pacific cod trawl.                                                         Ribbon seal, AK.
                                                                                Ringed seal, AK.
                                                                                Steller sea lion, Western U.S.
    AK Gulf of Alaska flatfish trawl.....  36.................................  Harbor seal, AK.
                                                                                Northern elephant seal, North
                                                                                 Pacific.
                                                                                Steller sea lion, Western U.S.
    AK Gulf of Alaska Pacific cod trawl..  55.................................  Harbor seal, AK.
                                                                                Steller sea lion, Western U.S.
    AK Gulf of Alaska pollock trawl......  67.................................  Dall's porpoise, AK.
                                                                                Fin whale, Northeast Pacific.
                                                                                Northern elephant seal, North
                                                                                 Pacific.
                                                                                Steller sea lion, Western U.S.
    AK Gulf of Alaska rockfish trawl.....  43.................................  Steller sea lion, Western U.S.
    AK Kodiak food/bait herring otter      4..................................  None documented.
     trawl.
    AK shrimp otter trawl and beam trawl.  38.................................  None documented.
    AK state-managed waters of Prince      2..................................  None documented.
     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 Islands        6..................................  None documented.
     sablefish pot.
    AK Bering Sea, Aleutian Islands        59.................................  None documented.
     Pacific cod pot.
    AK Bering Sea, Aleutian Islands crab   540................................  Bowhead whale, Western Arctic.
     pot.                                                                       Gray whale, Eastern North
                                                                                 Pacific.
    AK Gulf of Alaska crab pot...........  271................................  None documented.
    AK Gulf of Alaska Pacific cod pot....  116................................  Harbor seal, GOA.
    AK Gulf of Alaska sablefish pot......  248................................  None documented.
    AK Southeast Alaska crab pot.........  375................................  Humpback whale, Central North
                                                                                 Pacific (Southeast AK).
    AK Southeast Alaska shrimp pot.......  99.................................  Humpback whale, Central North
                                                                                 Pacific (Southeast AK).
    AK shrimp pot, except Southeast......  141................................  None documented.
    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 crab pot/     249................................  None documented.
     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.

[[Page 21095]]

 
    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 Islands        2..................................  None documented.
     groundfish jig.
    AK Gulf of Alaska groundfish jig.....  214................................  Fin whale, Northeast Pacific.
    AK halibut jig.......................  71.................................  None documented.
    American Samoa bottomfish............  fewer than 30......................  None documented.
    Commonwealth of the Northern Mariana   28.................................  None documented.
     Islands bottomfish.
    Guam bottomfish......................  >300...............................  None documented.
    HI aku boat, pole, and line..........  <3.................................  None documented.
    HI bottomfish handline...............  578................................  None documented in recent years.
    HI inshore handline..................  357................................  None documented.
    HI pelagic handline..................  534................................  None documented.
    WA groundfish, bottomfish jig........  679................................  None documented.
    Western Pacific squid jig............  0..................................  None documented.
Harpoon Fisheries:
    CA swordfish harpoon.................  6..................................  None documented.
Pound Net/Weir Fisheries:
    AK herring spawn on kelp pound net...  291................................  None documented.
    AK Southeast herring roe/food/bait     2..................................  None documented.
     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 invertebrates         214................................  None documented.
     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.
    WA/OR bait shrimp, clam hand, dive,    201................................  None documented.
     or mechanical collection.
    OR/CA sea urchin, sea cucumber hand,   10.................................  None documented.
     dive, or mechanical collection.
Commercial Passenger Fishing Vessel
 (Charter Boat) Fisheries:
    AK/WA/OR/CA commercial passenger       >7,000 (1,006 AK)..................  Killer whale, unknown.
     fishing vessel.                                                            Steller sea lion, Eastern U.S.
                                                                                Steller sea lion, Western U.S.
Live Finfish/Shellfish Fisheries:
    CA nearshore finfish live trap/hook-   93.................................  None documented.
     and-line.
    HI aquarium collecting...............  90.................................  None documented.
----------------------------------------------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1:
AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--California; ENP--Eastern North Pacific; GOA--Gulf of
  Alaska; HI--Hawaii; MHI--Main Hawaiian Islands; OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal
  to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock's
  PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in Table 3;
[caret] The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the
  list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or
  stocks that have geographic ranges exclusively on the high seas. The species and/or stocks are found, and the
  fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries
  pose the same risk to marine mammals as the components operating on the high seas.


      Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean
----------------------------------------------------------------------------------------------------------------
                                                                                  Marine mammal species and/or
           Fishery description                Estimated number  of vessels/      stocks  incidentally killed or
                                                         persons                             injured
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY I
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet.................  3,950..............................  Bottlenose dolphin, Northern
                                                                                 Migratory coastal.
                                                                                Bottlenose dolphin, Southern
                                                                                 Migratory coastal.\1\

[[Page 21096]]

 
                                                                                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 American        8,485..............................  Humpback whale, Gulf of Maine.
     lobster trap/pot.                                                          Minke whale, Canadian east
                                                                                 coast.
                                                                                North Atlantic right whale,
                                                                                 WNA.\1\
Longline Fisheries:
    Atlantic Ocean, Caribbean, Gulf of     201................................  Atlantic spotted dolphin,
     Mexico large pelagics longline *.                                           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.
                                                                                Short-finned pilot whale,
                                                                                 Northern GMX.
                                                                                Short-finned pilot whale,
                                                                                 WNA.\1\
                                                                                Sperm whale, Northern GMX.
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY II
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
    Chesapeake Bay inshore gillnet \2\...  248................................  Bottlenose dolphin, unknown
                                                                                 (Northern migratory coastal or
                                                                                 Southern migratory coastal).
    Gulf of Mexico gillnet \2\...........  248................................  Bottlenose dolphin, 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\
    Northeast anchored float gillnet \2\.  852................................  Harbor seal, WNA.
                                                                                Humpback whale, Gulf of Maine.
                                                                                White-sided dolphin, WNA.
    Northeast drift gillnet \2\..........  1,036..............................  None documented.
    Southeast Atlantic gillnet \2\.......  273................................  Bottlenose dolphin, Central FL
                                                                                 coastal.
                                                                                Bottlenose dolphin, Northern FL
                                                                                 coastal.
                                                                                Bottlenose dolphin, SC/GA
                                                                                 coastal.
                                                                                Bottlenose dolphin, Southern
                                                                                 migratory coastal.
    Southeastern U.S. Atlantic shark       21.................................  Bottlenose dolphin, unknown
     gillnet.                                                                    (Central FL, Northern FL, SC/GA
                                                                                 coastal, or Southern migratory
                                                                                 coastal).
                                                                                North Atlantic right whale, WNA.

[[Page 21097]]

 
Trawl Fisheries:
    Mid-Atlantic mid-water trawl           320................................  Harbor seal, WNA.
     (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 (including   542................................  Common dolphin, WNA.
     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. Atlantic, Gulf of    4,950..............................  Atlantic spotted dolphin,
     Mexico shrimp trawl.                                                        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\
Trap/Pot Fisheries:
    Southeastern U.S. Atlantic, Gulf of    1,101..............................  Bottlenose dolphin, Biscayne Bay
     Mexico 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 trap/pot \2\..  3,332..............................  Fin whale, WNA;
                                                                                Humpback whale, Gulf of Maine.
    Atlantic blue crab trap/pot..........  6,679..............................  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.
Purse Seine Fisheries:
    Gulf of Mexico menhaden purse seine..  40-42..............................  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\

[[Page 21098]]

 
    Mid-Atlantic menhaden purse seine \2\  19.................................  Bottlenose dolphin, Northern
                                                                                 Migratory coastal.
                                                                                Bottlenose dolphin, Southern
                                                                                 Migratory coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach seine........  359................................  Bottlenose dolphin, 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:
    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 gillnet....  unknown............................  None documented. in the most
                                                                                 recent five years of data.
    RI, southern MA (to Monomoy Island),   unknown............................  None documented. in the most
     and NY Bight (Raritan and Lower NY                                          recent five years of data.
     Bays) inshore gillnet.
    Southeast Atlantic inshore gillnet...  unknown............................  Bottlenose dolphin, Northern SC
                                                                                 estuarine system.
Trawl Fisheries:
    Atlantic shellfish bottom trawl......  >58................................  None documented.
    Gulf of Mexico butterfish trawl......  2..................................  Bottlenose dolphin, Northern GMX
                                                                                 oceanic.
                                                                                Bottlenose dolphin, Northern GMX
                                                                                 continental shelf.
    Gulf of Mexico mixed species trawl...  20.................................  None documented.
    GA cannonball jellyfish trawl........  1..................................  Bottlenose dolphin, SC/GA
                                                                                 coastal.
Marine Aquaculture Fisheries:
    Finfish aquaculture..................  48.................................  Harbor seal, WNA.
    Shellfish aquaculture................  unknown............................  None documented.
Purse Seine Fisheries:
    Gulf of Maine Atlantic herring purse   >7.................................  Harbor seal, WNA.
     seine.
    Gulf of Maine menhaden purse seine...  >2.................................  None documented.
    FL West Coast sardine purse seine....  10.................................  Bottlenose dolphin, Eastern GMX
                                                                                 coastal.
    U.S. Atlantic tuna purse seine *.....  5..................................  None documented in most recent
                                                                                 five years of data.
Longline/Hook-and-Line Fisheries:
    Northeast/Mid-Atlantic bottom          >1,207.............................  None documented.
     longline/hook-and-line.
    Gulf of Maine, U.S. Mid-Atlantic       2,846..............................  Bottlenose dolphin, WNA
     tuna, shark, swordfish hook-and-line/                                       offshore.
     harpoon.                                                                   Humpback whale, Gulf of Maine.
    Southeastern U.S. Atlantic, Gulf of    >5,000.............................  Bottlenose dolphin, GMX
     Mexico, and Caribbean snapper-                                              continental shelf.
     grouper and other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S. Atlantic, Gulf of    39.................................  Bottlenose dolphin, Eastern GMX
     Mexico shark bottom longline/hook-                                          coastal.
     and-line.                                                                  Bottlenose dolphin, Northern GMX
                                                                                 continental shelf.
    Southeastern U.S. Atlantic, Gulf of    680................................  None documented.
     Mexico, and Caribbean pelagic hook-
     and-line/harpoon.
    U.S. Atlantic, Gulf of Mexico          unknown............................  None documented.
     trotline.
Trap/Pot Fisheries:
    Caribbean mixed species trap/pot.....  >501...............................  None documented.
    Caribbean spiny lobster trap/pot.....  >197...............................  None documented.
    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 trap/pot....  4,113..............................  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.
    Gulf of Mexico mixed species trap/pot  unknown............................  None documented.

[[Page 21099]]

 
    Southeastern U.S. Atlantic, Gulf of    10.................................  None documented.
     Mexico golden crab trap/pot.
    U.S. Mid-Atlantic eel trap/pot.......  unknown............................  None documented.
Stop Seine/Weir/Pound Net/Floating Trap/
 Fyke Net Fisheries:
    Gulf of Maine herring and Atlantic     >1.................................  Harbor porpoise, GME/BF.
     mackerel stop seine/weir.                                                  Harbor seal, WNA.
                                                                                Minke whale, Canadian east
                                                                                 coast.
                                                                                Atlantic white-sided dolphin,
                                                                                 WNA.
    U.S. Mid-Atlantic crab stop seine/     2,600..............................  None documented.
     weir.
    U.S. Mid-Atlantic mixed species stop   unknown............................  Bottlenose dolphin, Northern NC
     seine/weir/pound net (except the NC                                         estuarine system.
     roe mullet stop net).
    RI floating trap.....................  9..................................  None documented.
    Northeast and Mid-Atlantic fyke net..  unknown............................  None documented.
Dredge Fisheries:
    Gulf of Maine sea urchin dredge......  unknown............................  None documented.
    Gulf of Maine mussel dredge..........  unknown............................  None documented.
    Gulf of Maine, U.S. Mid-Atlantic sea   >403...............................  None documented.
     scallop dredge.
    Mid-Atlantic blue crab dredge........  unknown............................  None documented.
    Mid-Atlantic soft-shell clam dredge..  unknown............................  None documented.
    Mid-Atlantic whelk dredge............  unknown............................  None documented.
    U.S. Mid-Atlantic/Gulf of Mexico       7,000..............................  None documented.
     oyster dredge.
    New England and Mid-Atlantic offshore  unknown............................  None documented.
     surf clam/quahog dredge.
Haul/Beach Seine Fisheries:
    Caribbean haul/beach seine...........  15.................................  None documented in the most
                                                                                 recent five years of data.
    Gulf of Mexico haul/beach seine......  unknown............................  None documented.
    Southeastern U.S. Atlantic haul/beach  25.................................  None documented.
     seine.
Dive, Hand/Mechanical Collection
 Fisheries:
    Atlantic Ocean, Gulf of Mexico,        20,000.............................  None documented.
     Caribbean shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin dive, hand/       unknown............................  None documented.
     mechanical collection.
    Gulf of Mexico, Southeast Atlantic,    unknown............................  None documented.
     Mid-Atlantic, and Caribbean cast net.
Commercial Passenger Fishing Vessel
 (Charter Boat) Fisheries:
    Atlantic Ocean, Gulf of Mexico,        4,000..............................  Bottlenose dolphin, Barataria
     Caribbean commercial passenger                                              Bay 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.


[[Page 21100]]


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                  Marine mammal species
                                    Number of         and/or stocks
      Fishery description        HSFCA  permits   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 (HI             145  Bottlenose dolphin, HI
     Deep-set component) *                        Pelagic.
     [caret].
                                                 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.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
    Pacific Highly Migratory                  5  Long-beaked common
     Species * [caret].                           dolphin, CA.
                                                 Humpback whale, CA/OR/
                                                  WA.
                                                 Northern right-whale
                                                  dolphin, CA/OR/WA.
                                                 Pacific white-sided
                                                  dolphin, CA/OR/WA.
                                                 Risso's dolphin, CA/OR/
                                                  WA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
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 (HI              18  Blainville's beaked
     Shallow-set component) *                     whale, HI.
     [caret].
                                                 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.
------------------------------------------------------------------------

[[Page 21101]]

 
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                 3  None documented.
     Longline.
    Pacific Highly Migratory                108  None documented. in the
     Species.                                     most recent 5 years of
                                                  data.
Purse Seine Fisheries:
    Pacific Highly Migratory                  5  None documented.
     Species * [caret].
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.
[caret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of marine mammal
  species and/or stocks killed or injured in U.S. waters component of
  the fishery, minus species and/or stocks that have geographic ranges
  exclusively in coastal waters, because the marine mammal species and/
  or stocks are also found on the high seas and the fishery remains the
  same on both sides of the EEZ boundary. Therefore, the high seas
  components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
          Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction      Category I
 Plan (ALWTRP)--50 CFR 229.32.
                                         Mid-Atlantic gillnet.
                                         Northeast/Mid-Atlantic American
                                          lobster trap/pot.
                                         Northeast sink gillnet.
                                         Category II
                                         Atlantic blue crab trap/pot.
                                         Atlantic mixed species trap/
                                          pot.
                                         Northeast anchored float
                                          gillnet.
                                         Northeast drift gillnet.
                                         Southeast Atlantic gillnet.
                                         Southeastern U.S. Atlantic
                                          shark gillnet.*
                                         Southeastern, U.S. Atlantic,
                                          Gulf of Mexico stone crab trap/
                                          pot.[caret]
Bottlenose Dolphin Take Reduction Plan.  Category I
(BDTRP)--50 CFR 229.35.................  Mid-Atlantic gillnet.
                                         Category II
                                         Atlantic blue crab trap/pot.
                                         Chesapeake Bay inshore gillnet
                                          fishery.
                                         Mid-Atlantic haul/beach seine.
                                         Mid-Atlantic menhaden purse
                                          seine.
                                         NC inshore gillnet.
                                         NC long haul seine.
                                         NC roe mullet stop net.
                                         Southeast Atlantic gillnet.
                                         Southeastern U.S. Atlantic
                                          shark gillnet.
                                         Southeastern U.S. Atlantic,
                                          Gulf of Mexico shrimp
                                          trawl.[caret]
                                         Southeastern, U.S. Atlantic,
                                          Gulf of Mexico stone crab trap/
                                          pot.[caret]
                                         VA pound net.
False Killer Whale Take Reduction Plan   Category I
 (FKWTRP)--50 CFR 229.37.                HI deep-set longline.
                                         Category II
                                         HI shallow-set longline.
Harbor Porpoise Take Reduction Plan....  Category I
(HPTRP)--50 CFR 229.33 (New England)     Mid-Atlantic gillnet.
 and 229.34 (Mid-Atlantic).              Northeast sink gillnet.
Pelagic Longline Take Reduction Plan...  Category I
(PLTRP)--50 CFR 229.36.................  Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category II
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).

[[Page 21102]]

 
Atlantic Trawl Gear Take Reduction Team  Category II
 (ATGTRT).                               Mid-Atlantic bottom trawl.
                                         Mid-Atlantic mid-water trawl
                                          (including pair trawl).
                                         Northeast bottom trawl.
                                         Northeast mid-water trawl
                                          (including pair trawl).
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
  waters; [caret] Only applicable to the portion of the fishery
  operating in the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains existing collection-of-information (COI) 
requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the Office of 
Management and Budget (OMB) under OMB control number 0648-0293 (0.15 
hours per report for new registrants). The requirement for reporting 
marine mammal mortalities or injuries has been approved by OMB under 
OMB control number 0648-0292 (0.15 hours per report). These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the COI. Send comments regarding these reporting burden 
estimates or any other aspect of the COI, including suggestions for 
reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY 
INFORMATION).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This rule has been determined to be not significant for the 
purposes of Executive Orders 12866 and 13563.
    This rule is not expected to be an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS determined that publishing this LOF qualifies 
to be categorically excluded from further NEPA review, consistent with 
categories of activities identified in Categorical Exclusion G7 
(``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative, financial, legal, technical, or procedural 
nature, or for which the environmental effects are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject later to the NEPA process, either collectively or 
on a case-by-case basis'') of the Companion Manual for NAO 216-6A, and 
we have not identified any extraordinary circumstances listed in 
Chapter 4 of the Companion Manual 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 rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals, and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals, 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, 
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer 
Whales and Fisheries Interaction in Hawaiian Waters: Evidence for 
Sex Bias and Variation Among Populations and Social Groups. 2014. 
Marine Mammal Science 31(2): 579-590.
Carretta, J.V., 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. 
2019. 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.
Delean, B.J., V.T. Helker, M. M. Muto, K. Savage, S. Teerlink, L.A. 
Jemison, K. Wilkinson, and J. Jannot. In press. Human-caused 
mortality and injury of NMFS-managed Alaska marine mammal stocks, 
2013-2017. U.S. Department of Commerce, NOAA Tech. Memo. NMFSAFSC-
XXX, XX 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.
Henry A., M. Garron, A. Reid, D. Morin, W. Ledwell, T.C.N. Cole. 
2019. Serious injury and mortality determinations for baleen whale 
stocks along the Gulf of Mexico, United States East Coast, and 
Atlantic Canadian Provinces, 2012-2016. U.S. Department of Commerce, 
Northeast Fish Sci Cent Ref Doc. 19-13; 54 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://

[[Page 21103]]

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)
Marine Mammal Commission (MMC). 2018. Stock Assessment Reports: What 
is missing and what are the costs? https://www.mmc.gov/wp-content/uploads/SARs-2018-update.pdf.
National Marine Fisheries Service West Coast Region (NMFS-WCR). 
2018. 2017 West Coast Entanglement Summary. 8 p. (Available at: 
https://www.fisheries.noaa.gov/webdam/download/97058165)

    Authority: MMPA, 16 U.S.C. 1361 et seq.

    Dated: March 30, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-06908 Filed 4-15-20; 8:45 am]
BILLING CODE 3510-22-P