List of Fisheries for 2023, 55348-55376 [2022-19153]
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55348
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
environmental risks associated with a
release of hazardous substances,
pollutants or need contaminants. The
NPL is of only limited significance as it
does not assign liability to any party.
Also, placing a site on the NPL does not
mean that any remedial or removal
action necessarily be taken.
J. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations because it does not affect
the level of protection provided to
human health or the environment. As
discussed in Section I.C. of the
preamble to this action, the NPL is a list
of national priorities. The NPL is
intended primarily to guide the EPA in
determining which sites warrant further
investigation to assess the nature and
extent of public health and
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
2. In appendix B of part 300 amend
Table 1 by adding entries for ‘‘DE, East
Basin Road Groundwater’’ and ‘‘NE,
PCE—Carriage Cleaners’’ in alphabetical
order by state to read as follows:
■
Appendix B to Part 300—National
Priorities List
Date: August 29, 2022.
Barry Breen,
Acting Assistant Administrator, Office of
Land and Emergency Management.
For the reasons set forth in the
preamble, EPA proposes to amend 40
CFR part 300 as follows:
TABLE 1—GENERAL SUPERFUND SECTION
State
Site name
City/County
Notes (a)
*
DE ....................
*
*
*
*
*
East Basin Road Groundwater ................................... New Castle ..................................................................
*
*
NE ....................
*
*
*
*
*
PCE—Carriage Cleaners ............................................ Bellevue ......................................................................
*
*
*
*
*
*
*
*
(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).
*
*
*
*
*
[FR Doc. 2022–19149 Filed 9–8–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 220830–0176]
RIN 0648–BL30
List of Fisheries for 2023
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comment.
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AGENCY:
The National Marine
Fisheries Service (NMFS) publishes its
proposed List of Fisheries (LOF) for
2023, as required by the Marine
SUMMARY:
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Mammal Protection Act (MMPA). The
LOF for 2023 reflects new information
on interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
on the LOF into one of three categories
under the MMPA based upon the level
of mortality and serious injury of marine
mammals that occurs incidental to each
fishery. The classification of a fishery on
the LOF determines whether
participants in that fishery are subject to
certain provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan (TRP) requirements.
DATES: Comments must be received by
October 11, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2022–0041, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0041 in the Search
box. Click on the ‘‘Comment’’ icon,
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complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to
Chief, Marine Mammal and Sea Turtle
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected
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Resources, 301–427–8402; Danielle
Palmer, Greater Atlantic Region, 978–
282–8468; Jessica Powell, Southeast
Region, 727–824–5312; Dan Lawson,
West Coast Region, 206–526–4740;
Suzie Teerlink, Alaska Region, 907–
586–7240; Elena Duke, Pacific Islands
Region, 808–725–5134. 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)).
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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
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optimum sustainable population. This
definition can also be found in the
implementing regulations for section
118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the
cumulative fishery mortality and serious
injury for a particular stock. If the total
annual mortality and serious injury of a
marine mammal stock, across all
fisheries, is less than or equal to 10
percent of the PBR level of the stock, all
fisheries interacting with the stock will
be placed in Category III (unless those
fisheries interact with other stock(s) 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 fisheries that use
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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
‘‘occasional’’ by evaluating other factors
such as fishing techniques, gear used,
methods used to deter marine mammals,
target species, seasons and areas fished,
qualitative data from logbooks or
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 List of
Species and/or Stocks Incidentally
Killed or Injured in 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
mortality and serious injury (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
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available scientific information used in
the SARs and reviewed for the 2023
LOF generally summarizes data from
2015–2019. 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
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observer coverage; target species; levels
of fishing effort; spatial and temporal
distribution of fishing effort;
characteristics of fishing gear and
operations; management and
regulations; and interactions with
marine mammals. Copies of the SARs
are available on the NMFS Office of
Protected Resources website at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsregion. Information on observer
coverage levels in Category I, II, and III
fisheries can be found in the fishery fact
sheets on the NMFS Office of Protected
Resources’ website: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/listfisheries-summary-tables. Additional
information on observer programs in
commercial fisheries can be found on
the NMFS National Observer Program’s
website: https://www.fisheries.noaa.gov/
national/fisheries-observers/nationalobserver-program.
How do I find out if a specific fishery
is in Category I, II, or III?
The LOF includes three tables that list
all U.S. commercial fisheries by
Category. Table 1 lists all of the
commercial fisheries in the Pacific
Ocean (including Alaska); Table 2 lists
all of the commercial fisheries in the
Atlantic Ocean, Gulf of Mexico, and
Caribbean; and Table 3 lists all U.S.
authorized commercial fisheries on the
high seas. A fourth table, Table 4, lists
all commercial fisheries managed under
applicable TRPs or take reduction teams
(TRT).
Are high seas fisheries included on the
LOF?
Beginning with the 2009 LOF, NMFS
includes high seas fisheries in Table 3
of the LOF, along with the number of
valid High Seas Fishing Compliance Act
(HSFCA) permits in each fishery. As of
2004, NMFS issues HSFCA permits only
for high seas fisheries analyzed in
accordance with the National
Environmental Policy Act (NEPA) and
the Endangered Species Act (ESA). The
authorized high seas fisheries are broad
in scope and encompass multiple
specific fisheries identified by gear type.
For the purposes of the LOF, the high
seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse
seine, gillnet, troll, etc.) to provide more
detail on composition of effort within
these fisheries. Many fisheries operate
in both U.S. waters and on the high
seas, creating some overlap between the
fisheries listed in Tables 1 and 2 and
those in Table 3. In these cases, the high
seas component of the fishery is not
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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 with an asterisk (*)
after the fishery’s name. The number of
HSFCA permits listed in Table 3 for the
high seas components of these fisheries
operating in U.S. waters does not
necessarily represent additional effort
that is not accounted for in Tables 1 and
2. Many vessels/participants holding
HSFCA permits also fish within U.S.
waters and are included in the number
of vessels and participants operating
within those fisheries in Tables 1 and 2.
HSFCA permits are valid for 5 years,
during which time Fishery Management
Plans (FMPs) can change. Therefore,
some vessels/participants may possess
valid HSFCA permits without the ability
to fish under the permit because it was
issued for a gear type that is no longer
authorized under the most current FMP.
For this reason, the number of HSFCA
permits displayed in Table 3 is likely
higher than the actual U.S. fishing effort
on the high seas. For more information
on how NMFS classifies high seas
fisheries on the LOF, see the preamble
text in the final 2009 LOF (73 FR 73032;
December 1, 2008). Additional
information about HSFCA permits can
be found at https://
www.fisheries.noaa.gov/permit/highseas-fishing-permits.
Where can I find specific information
on fisheries listed on the LOF?
Starting with the 2010 LOF, NMFS
developed summary documents, or
fishery fact sheets, for each Category I
and II fishery on the LOF. These fishery
fact sheets provide the full history of
each Category I and II fishery, including:
when the fishery was added to the LOF;
the basis for the fishery’s initial
classification; classification changes to
the fishery; changes to the list of species
and/or stocks incidentally killed or
injured in the fishery; fishery gear and
methods used; observer coverage levels;
fishery management and regulation; and
applicable TRPs or TRTs, if any. These
fishery fact sheets are updated after each
final LOF and can be found under ‘‘How
Do I Find Out if a Specific Fishery is in
Category I, II, or III?’’ on the NMFS
Office of Protected Resources’ website:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-protection-act-listfisheries, linked to the ‘‘List of Fisheries
Summary’’ table. NMFS is developing
similar fishery fact sheets for each
Category III fishery on the LOF.
However, due to the large number of
Category III fisheries on the LOF and the
lack of accessible and detailed
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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.
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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
marine mammals incidental to
commercial fishing operations. The take
of threatened or endangered marine
mammals requires an additional
authorization. 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
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of the fishing operation (50 CFR
229.4(e)). Although efforts are made to
limit the issuance of authorization
certificates to only those vessel or gear
owners that participate in Category I or
II fisheries, not all state and Federal
license or permit systems distinguish
between fisheries as classified by the
LOF. Therefore, some vessel or gear
owners in Category III fisheries may
receive authorization certificates even
though they are not required for
Category III fisheries.
Individuals fishing in Category I and
II fisheries for which no state or Federal
license or permit is required must
register with NMFS by contacting their
appropriate Regional Office (see
ADDRESSES).
Am I required to submit reports when
I kill or injure a marine mammal
during the course of commercial fishing
operations?
In accordance with the MMPA (16
U.S.C. 1387(e)) and 50 CFR 229.6, any
vessel owner or operator, or gear owner
or operator (in the case of non-vessel
fisheries), participating in a fishery
listed on the LOF must report to NMFS
all incidental mortalities and injuries of
marine mammals that occur during
commercial fishing operations,
regardless of the category in which the
fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip or,
in the case of non-vessel fisheries,
fishing activity. ‘‘Injury’’ is defined in
50 CFR 229.2 as a wound or other
physical harm. In addition, any animal
that ingests fishing gear or any animal
that is released with fishing gear
entangling, trailing, or perforating any
part of the body is considered injured,
regardless of the presence of any wound
or other evidence of injury, and must be
reported.
Mortality/injury reporting forms and
instructions for submitting forms to
NMFS can be found at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/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
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55351
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/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: Danielle Palmer;
NMFS, Southeast Region, 263 13th
Avenue South, St. Petersburg, FL 33701,
Attn: Jessica Powell;
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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: Elena Duke.
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Sources of Information Reviewed for
the 2023 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 2023 was based on,
among other things, stranding data;
fishermen self-reports; and SARs,
primarily the final 2021 SARs, which
are based on data from 2015–2019. The
SARs referenced in this LOF include:
2020 (86 FR 38991; July 23, 2021) and
2021 (87 FR 47385; August 3, 2022). The
SARs are available at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsregion.
Summary of Changes to the LOF for
2023
The following summarizes changes to
the LOF for 2023, including the
classification of fisheries, fisheries
listed, the estimated number of vessels/
persons in a particular fishery, and the
species and/or stocks that are
incidentally killed or injured in a
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particular fishery. NMFS re-classifies
one fishery in the LOF for 2023. NMFS
also makes changes to the estimated
number of vessels/persons and list of
species and/or stocks killed or injured
in certain fisheries. Many Category III
fisheries on the LOF have never been
described in the LOF. While detailed
information describing each fishery on
the LOF has been included within the
SARs for some fisheries, a FMP, TRP, or
by state agencies, general descriptive
information is also included here to
clearly define each fishery that is on the
LOF. Since the 2016 LOF (80 FR 58427;
September 29, 2015), NMFS has been
developing Category III fishery fact
sheets that are available online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
list-fisheries-summary-tables. NMFS is
requesting public comment on the
fisheries descriptions below to include
within the fact sheets. The
classifications and definitions of U.S.
commercial fisheries for 2023 are
identical to those provided in the LOF
for 2022 with the changes discussed
below. State and regional abbreviations
used in the following paragraphs
include: AK (Alaska), BBES (Barataria
Bay Estuarine System), BSAI (Bering
Sea, Aleutian Island), CA (California),
FL (Florida), Gulf of Alaska (GOA), HI
(Hawaii), OR (Oregon), and WA
(Washington).
Commercial Fisheries in the Pacific
Ocean
Classification of Fisheries
NMFS proposes to reclassify the
Category III Hawaii offshore pen culture
fishery to Category II fishery based on a
documented monk seal mortality in
2017. A monk seal was found dead in
a retired fish pen, which was scheduled
for removal from the fishery operation.
This mortality resulted in a mean
annual estimated mortality and serious
injury (M/SI) of 0.2 (4.2 percent of the
stock’s PBR) for the Hawaii offshore pen
culture fishery (Carretta et al., 2021).
Therefore, because the estimated M/SI is
between 1 and 50 percent of PBR (Tier
2 analysis), NMFS proposes to reclassify
the Hawaii offshore pen culture fishery
from a Category III to a Category II
fishery.
Fishery Name and Organizational
Changes and Clarification
NMFS proposes to rename the
Category III CA set gillnet (mesh size
<3.5 in) fishery to the CA herring set
gillnet fishery to indicate herring is the
only target species of this fishery.
The fishery targets Pacific herring
specifically, operating in and around
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San Francisco Bay, Crescent City
Harbor, Humboldt Bay, and Tomales
Bay. California Department of Fish and
Wildlife (CDFW) manages this winter
fishery running from January 2 until
March 15, depending on stock
abundance. The traditional product
from this fishery, kazunoko, is the roe
sac (eggs) removed from the females,
which is processed and exported for
sale in Japan. There are also local
markets for whole herring.
The gear configurations differ in each
area where Pacific herring are targeted
by gillnets. In San Francisco Bay and
Tomales Bay, fishermen use up to two
gillnets that are not more than 65
fathoms (390 ft or 118.9 m) long
measured at the cork line (float line).
The depth of the nets are a maximum
of 120 meshes, with mesh size ranging
from 2 to 2.5 inches (5.1 to 6.4 cm)
maximum. In Crescent City Harbor and
Humboldt Bay, fishermen may fish in
combination with no more than 150
fathoms (900 ft or 274.3 m) of gillnet.
The net depth is also a maximum of 120
meshes deep; however, the mesh size is
a minimum of 2.25 inches (5.7 cm) to
a maximum of 2.5 inches (6.4 cm). The
nets are anchored by 35-pound (15.9 kg)
weights on each end and suspended in
the water column by attaching buoys on
each end. Each buoy is marked with the
vessel number.
This is a limited entry fishery, with
separate permit caps for each of the four
management areas in California. Until
recently, San Francisco Bay was
managed based on a platoon structure,
which separated the fishery into Even
and Odd fishing groups based on the
permit numbers. Platoons rotated
fishing weeks with the first platoon
designated by whether the season year
is odd or even. New regulations
implementing the California Pacific
Herring Fishery Management Plan
during the 2020–2021 season eliminated
the platoon structure. Now, a quota
system dictates the maximum catch
available to the commercial fishery each
season.
NMFS proposes to rename the
Category III CA pelagic longline fishery
to the West Coast pelagic longline
fishery. This fishery is federallymanaged, operates outside the U.S.
exclusive economic zone (EEZ) and is
not associated with the State of
California.
This fishery targets bigeye, yellowfin,
and skipjack tuna along with opah and
other highly migratory species (HMS) in
the Eastern Pacific Ocean (EPO) outside
of the U.S. EEZ, which extends 3–200
nm (5.6–370.4 km) off the coast. The
fishery generally extends south to 20
degrees North latitude, and west to 140
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degrees West longitude. Bigeye tuna is
normally targeted at depths from
anywhere between 250–400 meters
(820.2–1312.3 ft) during the daytime.
The gear consists of a 45–60 nm
(83.3–111.1 km) long monofilament
main line approximately 3.2–3.5 mm
(0.1 inch) thick that is set, retrieved, and
stored on large hydraulic reels. The
main line is suspended at the target
fishing depth by orange inflatable floats
attached via float lines made of
monofilament or braided line. Part of
the array used to suspend the main line
includes 7 to 9 radio buoys, used to
show the location and footprint of the
gear on the radar of the fishing vessel.
Attached to the main line are 2,000–
3,500 monofilament branch lines
(usually 15–30 between each float), each
8–15 m (26.2–49.2 ft) in length. These
lines culminate in a swivel weight from
which a leader line of 0.5–1 m (1.6–3.3
ft) extends to a size 16/0–18/0 baited
offset circle hook. The bait used in this
fishery consists of either frozen
mackerel, saury, sardine, squid, or a
combination of all four bait types.
The fishery is managed under the
HMS Fishery Management Plant (FMP)
by the Pacific Fishery Management
Council (PFMC). All U.S West Coast
vessels targeting tropical tunas require a
Federal HMS permit with a deep-set
longline (DSLL) endorsement, and
registration with the Inter-American
Tropical Tuna Commission (IATTC).
Use of either shallow-set or deep-set
pelagic longline gear within the U.S.
EEZ of the U.S. West Coast is
prohibited. The HMS FMP does not
permit shallow-set longline (SSLL)
fishing, although SSLL vessels fishing
under a Hawaii longline permit (under
the Pelagics FMP) do make landings
into California. Use of a vessel
monitoring system (VMS), attendance at
protected species workshops, and the
possession/use of sea turtle and seabird
mitigation gear and safe handling
techniques are required. The use of light
sticks or any other light emitting devices
is prohibited.
The IATTC specifies trip limits (for
certain vessel classes/sizes) and yearly
catch limits each year for all tuna
species in the Convention Area. The
West Coast DSLL vessels participating
in this fishery are not subject to trip
limits due to all of the vessels being
under 24 m (78.7 ft) in length; however,
these vessels cannot exceed the yearly
catch limits set for bigeye tuna and
other tuna species. Federal logbooks are
required for all fisheries targeting HMS.
Observers are mandatory for at least 20
percent of the total trips for the calendar
year.
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Fishery Descriptions
CA Coonstripe Shrimp Pot Fishery
The Category II CA coonstripe shrimp
pot fishery primarily occurs along a
relatively narrow depth range, between
20 and 30 fathoms (120–180 ft or 36.6–
54.9 m) in northern California and
southern Oregon. In California, most of
the fishing activity for coonstripe
shrimp has taken place within a few
miles off Crescent City Harbor with
additional effort emerging within the
Gulf of the Farallones, although the
range of the fishery along the California
coast has been expanding recently. The
fishery is prohibited from November 1
through April 30. The fishery is
relatively new, beginning in 1995.
Fishermen commonly use 300 to 400
traps during the fishing season. The
traps are set in strings composed of
between 10–30 traps per string,
connected to a long line weighted at
both ends and marked with a polyball
or flagpole. Fishermen tend to leave the
strings of traps in the water for several
days before tending. Some fishers
position their traps at a specific depth,
about 25 fathoms (150 ft or 45.7 m),
while others vary the depth and
prospect as shallow as 12 fathoms (72 ft
or 21.9 m). Each trap weighs less than
10 pounds (4.5 kilograms) and is
constructed of 13⁄8-inch (3.5 cm) mesh
wire over a stainless steel frame. The
traps are typically 39 inches (1.0 m) in
diameter, 16 inches (40.6 cm) tall, and
have two entry funnels that are 3 inches
(7.6 cm) in diameter.
Every buoy marking a commercial
trap, or the end of a string of traps, is
marked with a commercial fishing
license identification number followed
by the letter ‘‘C’’, which is specific to
this fishery.
This is an open access fishery
managed by the State of California that
varies in fleet size and composition
every year. To participate in the
commercial fishery, a fisherman must be
a registered commercial fisherman, have
a commercial vessel registration, and a
general trap permit. In addition,
fishermen must comply with all
California regulations for all pot/trap
fisheries regarding size of traps,
destructive devices, marking the gear,
and trap servicing.
WA Grays Harbor Salmon Drift Gillnet
(Excluding Treaty Tribal Fishing)
Fishery
The Category III WA Grays Harbor
salmon drift gillnet (excluding treaty
Tribal fishing) fishery mainly targets
salmon (Chinook, coho, and chum) and
shad. Grays Harbor, situated just north
of Willapa Bay in the southwest corner
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55353
of Washington, is divided into four
distinct management areas shown in the
following map: https://wdfw.wa.gov/
sites/default/files/2019-02/2012_gh_
map.pdf.
It is a fall fishery, open from October
1 to November 30 each year, with time
limits set for each area and adjusted for
each season depending on fish stock
abundance. The time limits include
certain days open for fishing each
month, with constraints on the specific
hours when fishing is allowed on these
days.
The net is constructed of synthetic
multifilament mesh, which may not
exceed 1,500 feet (457.2 m) in length.
Nets are attached at one end of the
vessel, drifting with the vessel. The
mesh size does not exceed 6.5 inches
(16.5 cm) in areas 2A, 2B and 2D. In
area 2C, the maximum mesh size is 9.0
inches (22.9 cm). The drift times vary
depending on the fishing area, tidal
condition, and target catch, but are
ultimately limited to no more than 45
minutes.
This is a limited entry fishery
managed by the Washington Department
of Fish and Wildlife (WDFW). However,
the PFMC and NMFS co-manage the
fishery with WDFW for implementing
management actions such as season
length, bag limits, and quotas.
WA/OR Mainstem Columbia River
Eulachon Gillnet Fishery
The Category III WA/OR Mainstem
Columbia River eulachon gillnet fishery
targets eulachon (candlefish), which is a
member of the typical smelts, in the
lower Columbia River downstream from
Bonneville Dam. Effort takes place
during winter and spring, from
December 1 to March 31, to supply both
the bait demand for sport sturgeon
anglers and the fresh food market. The
Columbia River fishery typically drops
off dramatically after the eulachon
enters the Cowlitz River and other lower
Columbia tributaries, as markets fill
with fish landed from tributary
commercial fisheries. In the past, fishing
used to be allowed 7 days a week, but
has been restricted to fewer days a week
for fishery management.
The fishery is primarily conducted
using 2 inch (5.1 cm) stretched bobber
gill nets, required under Washington
and Oregon rules, which are set during
the turn of the tide and during the flood
tide when the fish are present at
intermediate depths. The nets are
suspended below the surface by dropper
lines. Usually two or more gillnets are
used, each net being fished by
repeatedly drifting through the fishing
area until the net is full.
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Oregon and Washington jointly
manage Columbia River fish and
fisheries in the transboundary mainstem
reaches of the lower basin. Oregon and
Washington manage the fishery under
the Congressionally-approved Columbia
River Compact. The Compact States can
open a commercial fishery only with the
mutual consent and approbation of both
states. The Compact does not restrict the
right of either state to adopt regulations
that are more conservative than that of
the other, though such regulations can
be enforced only in the adopting state’s
waters.
Washington commercial fishermen
are required to have a Columbia River
smelt license when targeting eulachon
for either human consumption or baitfishing. Oregon does not require a
separate smelt license; however,
fishermen must possess a commercial
fishing license and a commercial fishing
boat license. If eulachon are targeted
only for bait sales, fishers may purchase
a bait-fishing license only instead of a
commercial fishing license and a
commercial fishing boat license.
WA/OR Lower Columbia River
(Includes Tributaries) Drift Gillnet
Fishery
The Category III WA/OR lower
Columbia River (includes tributaries)
drift gillnet fishery targets coho (finclipped only), pink, and Chinook
salmon from the mouth of the Columbia
River upstream to Kelley Point, Oregon.
The area of the lower Columbia river
where effort occurs is divided into four
zones, which includes approximately
140 river miles (225.3 km) available to
commercial salmon drift gillnet fishing.
A clear depiction of each of the zones
can be found at: https://
www.dfw.state.or.us/fish/OSCRP/CRM/
docs/2013/Columbia%20River
%20Commercial%20Zone%2016%20Map.pdf.
Gear includes multifilament drift
gillnets with a maximum length of 150
fathoms (900 ft or 274.3 m), and a
maximum mesh size of 33⁄4 inches (9.5
cm). No slacker or stringer lines may be
used to slacken the net vertically, but
the gillnet hang ratio is not restricted.
The nets may include an optional
steelhead excluder device that must
adhere to particular specifications if
used, including placement of two red
corks at each end of the net using one.
The soak times are limited to 30
minutes.
This is a limited entry fishery, but
permits are transferable if certain
requirements are met. Standard
regulations include: maximum
allowable net length, use of recovery
boxes, limited soak times, use of red
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floats at 25 fathom (150 ft or 45.7 m)
intervals, lighted buoys (if fishing
occurs at night), and tangle net
certification that indicates at least one
person on board is able to handle an
undersized fish in such a way that it can
successfully be released alive. State
management observers must be taken
upon request.
The fishery is managed in conjunction
with other State salmon fisheries, and
co-managed with Federal salmon
fisheries by the PFMC and NMFS. Catch
reporting is required within 24 hours.
Targeting white sturgeon and shad is
prohibited.
WA Willapa Bay Drift Gillnet Fishery
The Category III WA Willapa Bay drift
gillnet fishery targets coho, chum, and
Chinook salmon during the fall within
Willapa Bay, situated just south of Grays
Harbor in the southwest corner of
Washington. A detailed depiction of the
commercial fishing areas in Washington
can be found here: https://wdfw.wa.gov/
sites/default/files/2019-02/2013_wb_
map.pdf.
Drift gillnets are the only gear allowed
in the fishery. These nets must adhere
to specific mesh size and length
requirements. The net length can be up
to 1,500 feet (457.2 m), and the mesh
size ranges from a stretched length of
41⁄4 inches to 61⁄2 inches (10.8–16.5 cm).
Mesh size requirements may vary
within the various areas, on specific
days and at certain times, depending on
salmon stock status and size limits.
Soak times are limited to 45 minutes.
This is a limited entry fishery
managed primarily by the WDFW, in
concert with salmon fisheries
management by the PFMC and NMFS.
The retention of any species other than
the intended target species is
prohibited, and any encounters with
white sturgeon, green sturgeon, and
steelhead, has to be reported. The use of
recovery boxes to improve survival of
fish bycatch is mandatory, with the
number and type used depending on the
area fished. A vessel operator cannot
fish unless they have attended a best
fishing practices workshop and have a
department issued certification card in
their possession at all times while
conducting fishing operations. State
observers must be taken if requested to
do so. Each vessel is allowed to have
more than one net on board.
WA/OR Sardine Purse Seine Fishery
The Category III WA/OR sardine
purse seine fishery targets Pacific
sardines, a coastal pelagic species (CPS),
in the water column above the
continental shelf off the coast of Oregon
and Washington. Federal harvest
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guidelines for directed fisheries may be
allocated across different seasonal
periods throughout the year, although
effort is generally constrained to time
periods of favorable weather during the
late spring and summer.
Purse seine gear is the main gear used
to harvest CPS. A purse seine is a large
wall of netting deployed around an
entire school of fish. It consists of floats
adhered to the ‘‘float line’’ of the seine
with a lead line threaded through rings
at the bottom. When a school of target
species is located, a skiff will encircle
the school with one end of the seine
attached to the skiff while the other end
is attached to the fishing vessel itself,
and circle back to the fishing vessel.
Once the skiff reaches the vessel, the
lead line at the bottom of the seine is
pulled in, ‘‘pursing’’ the net closed on
the bottom, thus preventing the fish
from escaping when swimming
downward.
In Oregon, vessels using purse seine
gear to take any CPS except market
squid must place a grate over the intake
of the hold of the vessel to sort out
larger species of fish. None of the
openings between the bars in the grate
may exceed 23⁄8 inches (6.0 cm).
CPS fisheries, including Pacific
sardine, are jointly managed by the
PFMC and the states of Oregon and
Washington. This is an open access
fishery, although State permits are
required. Pacific sardines (and Pacific
mackerel) are actively managed stocks
under the Federal CPS FMP with catch
limits based on regular stock
assessments. For sardine, PFMC
establishes harvest guidelines that are
allocated by seasonal periods, with
releases on July 1st, September 15th and
January 1st. If the period allocation is
not attained, it and any remaining
incidental fishery set aside is rolled to
the next period. However, it cannot be
rolled into the next fishing year.
The primary directed Pacific sardine
fishery has been closed since 2015
because the estimated biomass has been
below the harvest cutoff value of
150,000 metric tons. Incidental
allowances for sardine are still allowed,
along with live bait fishing. Starting in
2018, the CPS FMP has also allowed for
‘‘minor’’ directed fishing for sardines
and other CPS when the primary
directed fishery has closed. The
allowance for minor directed fishing is
that no vessel or person may land more
than one metric ton per day, and vessels
may not make more than one trip per
day. Directed purse fishing for Pacific
mackerel in Washington requires a State
permit that cannot be transferred or
stacked (i.e., having more than one
permit associated with a single vessel).
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CA Tuna Purse Seine Fishery
The Category III CA tuna purse seine
fishery targets yellowfin, Pacific bluefin,
skipjack, and Pacific bonito mostly
caught within Federal waters when the
stocks occur in U.S. waters off
California.
Purse seines are used, which are large
walls of netting deployed around an
entire school of fish. Purse seines
consist of floats adhered to the ‘‘float
line’’ of the seine with a lead line
threaded through rings at the bottom.
When a school of tuna is located, a skiff
will encircle the school with one end of
the purse seine attached to the skiff,
while the other end is attached to the
purse seine vessel. Once the skiff circles
around and reaches the purse seine
vessel, the lead line at the bottom of the
seine is pulled in, ‘‘pursing’’ the net
closed on the bottom and preventing the
tuna from escaping when swimming
downward.
Purse seines in this fishery can be
more than 6,500 ft (1981.2 m) in length.
The minimum length depends on the
length of the purse seine vessel. The
maximum depth where fish are targeted
is about 300 m (984.3 ft). The mesh size
used depends on the species targeted; it
is important that the mesh size is not
too large, in order to prevent gilling the
fish, but is big enough to enable
undersized fish to escape. The mesh
size for this specific fishery ranges from
2–23⁄4 inches (5.1–7.0 cm).
All fisheries targeting highly
migratory species (HMS), including
tuna, require a Federal HMS permit, and
additional state permits may apply. This
is an open access fishery. The IATTC
specifies trip limits and catch limits
each year for most target species. Trip
limits are based on the cumulative
catches for each quarter, and are
adjusted accordingly. There is also a
requirement to submit, within 24 hours
of landing, electronic landings receipts
for Pacific bluefin tuna landings in
California ports. The IATTC groups
purse seine vessels into 2 fleet types,
large seiners (Classes 4–6) and small
seiners (Classes 1–3). The large seiners
are held to more restrictive measures
than the small seiners regarding area
closures, closure dates, and catch limits.
The smaller coastal purse seine vessels
that plan to target HMS must register
with the IATTC purse seine vessel
registry. Logbooks are required, and all
logbook and observer data is collected
by the IATTC and NMFS. The State of
California also requires that no Pacific
bluefin tuna weighing less than 7.5
pounds (3.4 kg) may be sold, purchased,
or processed.
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WA Salmon Reef Net Fishery
dominant daytime tide, ‘‘flood’’ tide,
pushes the salmon to follow the lead
lines over webbing and into the bunt of
the net. Streamers are woven into the
side and bottom ropes in order to
potentially trick salmon by giving the
illusion of an eelgrass bed. The net is
pulled to the surface by a system of
battery powered winches, all salmon
trapped in the bunt are maneuvered into
a live well of the outside vessel. The
vessels and gear are anchored in one
place for the duration of the summer or
fall fishing seasons and set year after
year in the same locations. The nets
cannot be anchored to pilings. The reef
nets are a maximum of 300 meshes on
either side, have only two leads, and the
mesh size is equal to or greater than 3.5
inches (8.9 cm). The leads are a
maximum of 200 feet (61.0 m) in length
from the anchor boat bows to the nearest
end of the head buoys.
The fishery requires a limited entry
permit that is transferable. WDFW,
Puget Sound Treaty Tribes, and NMFS
jointly manage salmon harvest,
generally through season openings,
mesh size limits, and limits regarding
the amount of time and effort is allowed
each day or night within the various
areas. A portion of the fishery is
managed by the Fraser River Panel,
which is composed of representatives
from the U.S. and Canada.
Fishermen cannot keep any unmarked
(clipped adipose fin and a healed scar
at the site of the clipped fin) Chinook
during the season or any chum caught
before October 1st. Fishermen must
attend a fish friendly workshop to fish
in certain areas. Fishermen must submit
logbooks to WDFW for any retained
Chinook salmon. Every fisherman is
required to report lost netting to WDFW.
Emergency regulation and in-season
changes can occur based on stock
allocations and conservation objectives.
The Category III WA salmon reef net
fishery targets sockeye, Chinook, pink,
coho, and chum salmon within Puget
Sound. Currently reef nets are only
allowed in an area around the San Juan
Islands. The fishery usually starts
around mid-September and extends into
early November.
Reef nets are suspended between two
anchored boats upstream from the river
mouth that the salmon use to pass
through on their way to freshwater
spawning grounds. The bottom ropes
are much lower than the bunt to create
an incline, which gradually raises up to
catch the salmon when passing over the
net. The lead lines of the reef net are
floating at all times in order to keep the
net suspended at its required target
depth. Reef nets are set so that the
CA Squid Dip Net Fishery
The Category III CA squid dip net
fishery targets market squid in
nearshore waters, typically over sandy
bottom habitat. Generally, the fishery
north of Point Conception, mainly
around Monterey Bay, operates from
April through September. The fishery
south of Point Conception is most active
from October through March. The
fishery is closed during the weekends
(from Friday noon until Sunday noon)
to allow for uninterrupted spawning.
The majority of the fishing effort takes
place at night relatively close to shore.
Landings decrease during warm water
trends of El Nin˜o years, as squid are
affected by warm waters associated with
these ecosystem conditions. Strong El
Nin˜o periods can lead to substantial
WA/OR Lower Columbia River Salmon
Seine Fishery
The Category III WA/OR Lower
Columbia River salmon seine fishery is
located in the lower mainstem of the
Columbia River in both Oregon and
Washington. This includes the stretch of
the Columbia River between the
Bonneville Dam and the river mouth to
the Pacific Ocean. The fishery targets
coho and adipose fin-clipped Chinook
salmon. The season is from mid-August
to late September.
These seine nets are made of 3-strand
nylon with a stretched mesh size no
larger than 31⁄2 inches (8.9 cm). The
seines cannot be longer than 200
fathoms (1,200 ft or 365.8 m) or have a
depth greater than 200 meshes. The
seine can include a chafing strip panel
at the bottom of the net with a
maximum panel depth of 5 feet (1.5 m).
The chafing mesh cannot be greater than
3.5 inches (8.9 cm) for beach seines, and
5 inches (12.7 cm) stretched for purse
seines. Red corks are required at 25
fathom (150 ft or 45.7 m) intervals and
must contrast with other corks used on
the net.
WDFW and Oregon Department of
Fish and Wildlife (ODFW) jointly
manage the limited-entry fishery and
authorize participants. An Emerging
Fishery license and Experimental
Fishery Permit from Washington and an
Experimental Gear Permit from Oregon
are needed to participate. The managers
divide the Columbia River into
management zones. This fishery
historically has taken place in Zones 1–
5. Different quota limits are set for
adipose fin-clipped Chinook and coho
for beach seines and purse seines. Any
wild Chinook or steelhead are required
to be released. An observer is required
by the States if requested.
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reductions in primary production.
Catches usually increase during cooler
La Nin˜a phases and periods of increased
upwelling.
Brail gear such as dip nets and scoop
nets are used to harvest market squid in
this fishery. Both of these are similar
types of hand nets, which consists of a
net or mesh basket, made from either
wire, nylon mesh or cloth mesh, held
open by a hoop. This hoop may or may
not be connected to a handle that can
differ in length. Generally speaking,
hand nets with the hoop attached to a
long handle are called dip nets and
hand nets with no handle are called a
scoop net. Lights of up to 30,000 watts
may be used to attract squid.
Market squid is included under the
PFMC CPS FMP, which specifies a
management framework for all CPS.
However, since 2005, this fishery is
principally managed by the State of
California under the Market Squid
Fishery Management Plan (MSFMP).
The squid brail fishery is a restricted
access fishery, consisting of transferable
and non-transferable market brail
permits that must be renewed annually.
There is also a market squid vessel
permit that authorizes the use of round
haul gear, including purse seine, drum
seine, and lampara nets, along with use
of brail gear. To use light to aggregate
squid for commercial harvest, either a
market squid brail permit, market squid
vessel permit, or a market squid light
boat permit is required. No permit is
required for the transfer of squid at sea
for live bait in an amount less than 200
pounds (90.7 kg) in a calendar day.
WA/OR/CA Albacore Surface Hook and
Line/Troll Fishery
The Category III WA/OR/CA albacore
surface hook and line/troll fishery
targets North Pacific albacore tuna with
troll or poll and line gear. This fishery
is active throughout the continental
west coast of the U.S. Prior to 2000,
fishing for albacore was common off
California. However, the stock has
moved north, making Oregon and
Washington the current focus for
albacore tuna trolling on the West Coast.
Fishing generally occurs 30–100
nautical miles (55.6–185.2 km) offshore.
While fishing for albacore tuna is
allowed year round, most effort occurs
from late summer to early fall when fish
are present in the area due to warm
currents in the region. Surface albacore
tuna fishing focuses on juvenile tuna
that are found at or near the surface.
Two types of hook and line gear
configurations are generally used along
the West Coast for albacore tuna fishing.
Troll includes one or more lines with
lures or baited hooks attached that are
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drawn (‘‘trolled’’) through the water
column. Pole-and-Line use rigid rods or
poles with lines and baited hooks.
The majority of fishermen that troll
for surface albacore tuna tow 10–20
lines. The lines are pulled through the
surface waters at speeds of 4–8 knots
(7.4–14.8 km/hr) to attract the albacore.
Trollers that fish inshore use smaller
boats (30–50 ft or 9.1–15.2 m in length)
and spend 1 to 3 weeks at sea. Offshore
fishermen use larger boats (50–90 ft or
15.2–27.4 in length) and spend 1 to 2
months at sea.
Both gears are open access and
require a Federal HMS permit in
addition to a state commercial fishing
permit. The fishery is managed under
the HMS FMP by the PFMC. HMS
permits are issued to a specific vessel,
are non-transferable, and are valid for
two years. Federal logbooks are
required.
The albacore fishery is also managed
by two international organizations, the
IATTC and the Western and Central
Pacific Fisheries Commission.
Additionally, the U.S.-Canada Albacore
Treaty bilateral agreement allows for
U.S. vessels to fish for albacore tuna in
Canadian waters seaward of 12 nautical
miles (22.2 km) from shore, and allows
Canadian vessels to fish for albacore
tuna in U.S. waters seaward of 12
nautical miles (22.2 km) from shore. The
treaty also allows Canadian vessels to
use certain U.S. ports to obtain supplies
and services and to land fish. Similarly,
it allows U.S. vessels to use certain
Canadian ports for the same purposes.
In addition, the treaty calls for the
exchange of fisheries data between the
two governments. U.S. vessels wishing
to fish in Canadian waters pursuant to
the treaty must register with NMFS
seven days prior to the first planned
fishing day in Canada.
CA/OR/WA Salmon Troll Fishery
The Category III CA/OR/WA salmon
troll fishery primarily targets Chinook
and coho salmon in Oregon and
Washington. Retention of coho salmon
is prohibited in California, leaving
Chinook as the primary target for the
California fishery. Pacific halibut may
also be caught and landed incidentally
in all three states under an incidental
take permit. Effort occurs across all
three U.S. West Coast States, primarily
during the summer and fall, with
limited effort occurring during the
spring in certain areas during certain
years. In California, the majority of
effort takes place in the central and
northern coast, but can extend all the
way into the Southern California Bight.
Generally, most of the salmon trolling
effort occurs within 15–20 nautical
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miles (27.8–37.0 km) from shore
including both State and Federal waters.
Trollers fish for salmon by towing
lures or baited hooks through the water.
Fishing lines are rigged to outriggers
that prevent the lines from being
entangled or caught in the vessel prop.
Up to six stainless steel lines are fished
from each outrigger, each of these lines
containing up to four baited hooks or
lures weighted to depth by 10–50 pound
(4.5–22.7 kg) weights. The barbless lures
can be fished from just under the
surface, down to 80 fathoms (480 ft or
146.3 m), trolled at speeds of 1–4 knots
(1.9–7.4 km/hr). Natural bait used
includes anchovy or herring. Fishing
depth, troll speed, type of lure, and area
fished all help to determine the number
and species of salmon caught. For
example, Chinook salmon are generally
caught deeper than coho salmon.
Ocean salmon fisheries conducted off
of California, Oregon, and Washington
are managed under the Federal Pacific
Coast Salmon FMP along with
individual state regulations. The
Salmon FMP provides a framework for
managing ocean salmon fisheries in a
sustainable manner as required under
the Magnuson–Stevens Fishery
Conservation and Management Act
through the use of conservation
objectives, annual catch limits, and
other status determination criteria
described in the FMP. Fishermen in all
three U.S. West Coast states are issued
limited entry permits. It is important to
note that quota and size limits change
every season, as do the timing and
duration of seasons, depending on stock
assessments and other management
considerations.
WA/OR/CA Groundfish, Bottomfish
Longline/Set Line Fishery
The Category III WA/OR/CA
groundfish, bottomfish longline/set line
fishery primarily targets sablefish using
bottom longline gear, especially during
the main season from April through
October, however, rockfish are also
targeted. There are over 60 different
species of rockfish that may be taken,
although a handful of species make up
the majority of the catch. This includes
thornyheads, rougheye, and blackgill
rockfish. Other species commonly
landed include lingcod, grenadier, and
skates. The fishery takes place all along
the U.S. West Coast at depths that range
from 11–722 fathoms (66–4,332 ft or
20.1–1, 20.4 m).
The gear consists of a mainline made
of multifilament line/rope or
monofilament line that is typically
spooled on a hydraulic drum and set
from the stern of a vessel. The main line
extends for up to two nautical miles
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horizontally along the seafloor. It can be
fitted with up to 2,000 small gangions
tied at intervals along the mainline
terminating in a baited hook. The
longline is marked on the ocean surface
with a float and flagpole at each end
that is anchored to the sea floor. Any
gear that is not attached to the vessel
must be attached to buoys floating on
the surface and marked on the upper
half with the commercial fishing license
identification number at least 2 inches
(5.1 cm) in height.
Three options exist under which
sablefish or other groundfish such as
rockfish may be the target species or
incidentally taken. These include: a
limited entry permit with fixed gear
endorsement and a sablefish quota; a
limited entry permit with fixed gear
endorsement without a sablefish quota
that includes trip limits for different
species; and an open access fishery that
includes trip limits for different species.
Recent regulations in the Groundfish
Catch Share sector permit trawl
fishermen with Individual Fishery
Quotas to harvest sablefish or other
groundfish by using other gear types
(aka gear switching) that include bottom
longlines. There are applicable Federal
and state regulations that describe
where fishing can take place, including
various area and time closures (e.g.,
Rockfish Conservation Areas).
CA Halibut Bottom Trawl Fishery
The Category III CA halibut bottom
trawl fishery generally targets California
halibut in Federal waters predominantly
off central California from Point Reyes
southward to Point Sal, and throughout
the Southern California Bight. Very little
effort occurs in northern California.
While this is primarily a daytime
fishery, some activity occurs at night.
The majority of effort in southern
California occurs within the California
Halibut Trawl Grounds (CHTG), which
is limited to State of California waters
from 1–3 nm (1.9–5.6 km) along the
mainland shore between Port Arguello
and Point Mugu. There are four subareas within the CHTG that are
permanently closed, resulting in
roughly 87 percent of the CHTG
available for fishing during the
allowable trawl season from June 16 to
March 14, though not all of that 87
percent is fishable due to bottom debris
and obstructions left from oil extraction
or rocky reefs. Trawling for California
halibut can be conducted year round in
Federal waters, but is prohibited in
State of California waters outside the
CHTG.
Vessels use otter trawl gear consisting
of two doors, with one door deployed
on each side of the net to spread the
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mouth of the net open. The mouth of the
net is held open vertically with floats
attached to the head rope (top of the net)
and weights on the footrope (bottom of
the net). The majority of trawlers in
southern California use a ‘‘droppedloop’’ style chain that consists of chain
link loops that hang from the footrope
to provide weight, while decreasing the
surface area that comes in contact with
the bottom.
Only light touch trawl gear adhering
to the following gear specifications may
be used to catch California halibut in
the CHTG. The gear must consist of
trawl doors weighing no more than 500
pounds (226.8 kg). The headrope can
only be up to 90 feet (27.4 m) in length
and may consist of chain, rope, or wire.
The footrope may consist of rope or
wire. Any chain attached to the footrope
shall not exceed 1⁄4 inch (0.6 cm). There
are no rollers or bobbins on the
footrope. The webbing material itself is
up to 7 mm (0.3 inches) in diameter,
and the mesh size for the codend is a
minimum of 7.5 inches (19.1 cm). When
trawling in Federal waters, the codend
net mesh size is a minimum of 4.5
inches (11.4 cm).
This is a state managed fishery
requiring a limited entry nontransferable California halibut bottom
trawl vessel permit and a commercial
fishing license. The minimum size limit
is 22 inches (55.9 cm) total length for
landed California halibut. Logbook
reporting is mandatory.
When targeting California halibut in
Federal waters, trawlers are subject to
Federal groundfish regulations such as
conservation area restrictions and
requirements, daily and monthly
incidental trip limits for groundfish
species, Federal at-sea observer
coverage, and a vessel monitoring
system requirements to monitor
compliance with closed areas. There is
no limit on the amount of catch that can
be landed under a California halibut
permit; however, individuals who
possess a Federal groundfish trawl
permit, but not a halibut trawl permit,
can only land up to a 150 pounds (68.0
kg) of California halibut incidentally.
CA Sea Cucumber Trawl Fishery
The Category III CA sea cucumber
trawl fishery predominantly targets the
California sea cucumber/giant red sea
cucumber, although warty sea cucumber
is also harvested on rare occasions.
Trawling for any sea cucumber is only
allowed in Southern California, from
Point Conception to San Diego. The
trawl fishery operates primarily in
waters between depths of 30–70 fathoms
(180–420 ft or 54.9–128.0 m), with an
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average depth of 45 fathoms (270 ft or
82.3 m).
Trawling for California sea cucumber
is open year round in Federal waters.
Any trawling for warty sea cucumber is
closed for fishing in Federal waters from
March 1 until June 14. Sea cucumber
trawling is closed in the CHTG, which
comprise California State waters not less
than one nm from shore between Point
Arguello and Point Mugu, from March
1 until June 15. Additional information
regarding Federal area closures can be
found at: https://
www.fisheries.noaa.gov/west-coast/
sustainable-fisheries/west-coastgroundfish-closed-areas.
In California, trawl nets consist of
either single-walled or double-walled
cod ends deployed via a single or
double rigged trawl vessel with mesh
sizes ranging from 1.75–2.25 inches
(4.5–5.7 cm). In Federal waters, trawl
nets used to take California sea
cucumber must follow a minimum
allowable mesh size of 4.5 inches (11.4
cm). In the CHTG, use of ‘‘light touch’’
trawl gear is required.
The California sea cucumber fishery is
a limited entry fishery managed by the
State of California with transferable
permits. There are currently no catch
limits, or other size/sex-based
restrictions. Historically, it was viewed
as an incidental species taken in the
California halibut and ridgeback prawn
trawl fisheries. When separate sea
cucumber dive and trawl permits were
established in 1997, a provision was
created that allowed individuals
purchasing a sea cucumber trawl permit
to either keep the permit as a trawl
permit or convert the permit into a dive
permit. The conversion of a sea
cucumber dive permit to a trawl permit
is not permissible. The permit is tied to
the operator, and there is a requirement
to submit a daily trawl log.
WA/OR/CA Shrimp Trawl Fishery
The Category III WA/OR/CA shrimp
trawl fishery in all three U.S. West Coast
states generally occurs in Federal waters
(3–200 nm or 5.6–370.4 km); however,
there is a small amount of effort in
Oregon state waters. The main target in
the coastal fishery is pink shrimp,
although other shrimp species such as
ridgeback and golden prawns are landed
as well. Pink shrimp are generally
caught at depths of between 40–150
fathoms (240–900 feet or 73.2–274.3 m)
on sandy and muddy bottoms during
daylight hours due to their vertical
migration to the ocean floor during the
day. The fishery is closed in all three
states from November 1 through March
31. The main target in the coastal
fishery in southern California south of
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Point Conception is ridgeback prawn,
and this species is caught at depths
between 10–110 fathoms (60–660 ft or
18.3–201.2 m) on sandy and muddy
bottoms. The fishery for ridgeback and
golden prawns in southern California is
closed from June 1 through September
31.
Fishing effort also occurs in Puget
Sound, Washington. The Puget Sound
shrimp trawl focuses on northern pink
shrimp in the Strait of Juan de Fuca.
The main target species in the San Juan
Islands are coonstripe shrimp, northern
pink shrimp, and sidestripe shrimp,
although humpback shrimp can
compose a large portion of the catch in
some years. The season generally takes
place from May 1 through September 30
in the Strait of Juan de Fuca and from
May 16 to October 15 in the San Juan
Islands. Trawling cannot occur in
waters shallower than 100 feet (30.5 m)
in Puget Sound.
In California, Oregon, and
Washington, benthic trawl gear is used.
In Northern California, Oregon, and
Washington, double rigged (i.e., having
two otter trawl nets) vessels with semipelagic fine-meshed shrimp nets are
used the majority of the time. In
southern California, single rigged (one
net) vessels are most common. The net
contains a footrope (roller/ladder style)
on average 25 feet (7.6 m) in length,
configured in such a way that it is
elevated above the sea floor at 1–3 feet
(0.3–0.9 m).
A bycatch reduction device (BRD)
consisting of either a rigid gate excluder
(preferred) or a soft-panel excluder,
along with footrope lighting devices,
can be mandatory constituents of the
gear configurations as well. The
minimum mesh size for California
shrimp and prawn trawl fisheries is 1 3⁄8
inches (3.5 cm) while it is 1 1⁄2 inches
(3.8 cm) in Puget Sound. Only beam
trawls are allowed in Puget Sound; in
the Strait of Juan de Fuca, the maximum
beam size is 60 feet (18.3 m), while the
maximum beam size in the San Juan
Islands is 25 feet (7.6 m).
The fishery is principally Statemanaged across the U.S West Coast,
with different permitting, landing, and
mesh size requirements depending upon
location. California, Oregon, and
Washington share mandatory Federal
regulations limiting the take of
eulachon, salmon and groundfish
species that commonly occur as
incidental catch. The coastal shrimp
fishery requires a limited entry shrimp
trawl fishery permit in all three
respective states, except that the
southern pink shrimp fishery (south of
Pt. Conception) and ridgeback prawn
fisheries are both open access fisheries.
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The States of Washington, Oregon, and
California established a common season
and a maximum count of 160 pink
shrimp per pound (72 per kg) regulation
to minimize regulatory conflict. Daily
and monthly trip limits, logbooks, use of
a vessel monitoring system, onboard
observer coverage and area restrictions
regarding groundfish essential fish
habitat (EFH) is also mandatory.
The harvest of shrimp in Puget Sound
is co-managed by Washington State and
the Puget Sound Treaty Tribes. The
fishery is managed by emergency
regulation and is permanently closed
unless opened by emergency regulation.
Fishing in the area requires a limited
entry Puget Sound shrimp trawl license.
Specific quotas are established each
year for the Strait of Juan de Fuca and
the San Juan Islands. State fishery
observers are required on 10 percent of
the commercial shrimp trawl trips in
Puget Sound. BRDs to decrease bycatch
of spot shrimp are not required, but are
encouraged and utilized by some
participating vessels. License holders
must maintain shrimp beam trawl
logbooks.
WA/OR/CA Groundfish Trawl Fishery
The Category III WA/OR/CA
groundfish trawl fishery occurs year
round in Federal waters (3–200 nm or
5.6–370.4 km) off Washington, Oregon,
and California. There are two sectors;
namely the Pacific whiting (whiting)
and non-Pacific whiting sector. The
whiting sector generally targets whiting
farther off the coast than other
groundfish species. Fishing consists of
catcher-processor vessels that catch and
process whiting, whereas motherships
receive whiting from other vessels and
process it. Shore-side vessels catch and
deliver whiting to a shore-side plant for
processing.
The non-whiting sector targets a
variety of groundfish species, with the
main and most profitable being
sablefish, widow rockfish, yellowtail
rockfish, thornyheads, Dover sole,
petrale sole, and lingcod. The bulk of
the biomass resulting from this fishery
is caught off Oregon and Washington.
Trawling is not allowed in Rockfish
Conservation Areas (RCA), Cowcod
Conservation Areas, and EFH
designated areas.
Trawl gear is a cone or funnel-shaped
net either towed through the water
column or drawn over the ocean floor
by the vessel. Two types of trawl gear
are used in this fishery: midwater and
bottom trawl nets. The gear used to
target whiting is midwater trawl nets. In
the non- whiting sector, midwater trawl
and bottom trawl nets are used to target
groundfish. Midwater trawl gear is
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primarily used to target widow and
yellowtail rockfish, while bottom
trawlers typically target sablefish, Dover
sole, thornyheads and other flatfish
species.
Large footrope gear with a diameter
larger than eight inches (20.3 cm) allows
bottom trawlers to access rockier areas
by bouncing the bottom of the trawl net
over larger obstructions without tearing.
Small footrope gear with a diameter of
eight inches (20.3 cm) or smaller is also
used on bottom trawls. Pelagic trawl
gear has unprotected footrope gear that
is not encircled with chains, rollers,
bobbins, or other material. Bottom trawl
nets are required to have a minimum
mesh size of 41⁄2 inches (11.4 cm), and
pelagic trawl nets are required to have
a minimum mesh size of 3 inches (7.6
cm).
The fishery is jointly managed by
NMFS and U.S. West Coast states
through the PFMC. There also exists a
bilateral Pacific Whiting Agreement
between the U.S. and Canada for
managing the Pacific whiting coastal
stock. A transferable, limited entry west
coast trawl permit known as a ‘‘Catch
Shares’’ permit that involves an
Individual Fishery Quota system, is
required in order to participate in this
fishery. Federal observer coverage,
logbooks, and vessel monitoring systems
are mandatory.
All U.S. commercial fishing vessels
are required to have permits from the
appropriate state agency in order to land
groundfish in Washington, Oregon, and
California. The use of bottom trawl
footrope gear with a footrope diameter
larger than 19 inches (48.3 cm) is
prohibited. Only small footrope gear is
allowed shoreward of a line
approximating the 100 fathom (600 ft or
182.9m) depth contour, which is
intended to reduce trawl access to
newly-designated overfished species
and their rockier habitats. States may
implement parallel measures within
their state waters (0–3 nm or 0–5.6 km).
WA/OR/CA Hagfish Pot Fishery
The Category III WA/OR/CA hagfish
pot fishery targets Pacific hagfish and
black hagfish. Even though hagfish
generally occur as shallow as 9 fathoms
(54 ft or 16.5 m), hagfish are found
across most of the outer continental
slope in marketable quantities. Hagfish
are generally found in muddy substrate,
but may occupy a variety of bottom
types.
In Washington, the fishery is open
year round in Pacific Ocean waters only,
and effort is prohibited in waters less
than 50 fathoms (300 ft or 91.4 m). In
Oregon, the fishery is open year round,
and there is no depth limit at which the
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fish may be targeted. The ports with the
most landings are on the south coast of
Oregon. The fishery peaks during spring
and fall, with less effort during the
winter. In California, the fishery is open
year round, but similar to Oregon it
peaks during the spring and fall with
less effort in the winter due to poor
weather and fishermen participating in
the Dungeness crab fishery. There is no
depth limit to where the fish may be
targeted, but high hagfish densities are
generally located in deeper waters.
Effort occurs statewide from southern
California to northern California.
The gear consists mostly of highvolume buckets (5 gallon or 18.9 liters)
or barrel gear (large plastic drums with
removable ends), although Korean-style
traps are also used. Korean-style traps
are small and tubular traps with little
volume; as a result, hundreds are
needed to achieve a marketable yield.
All traps consist of an opening (entrance
tunnel), with some states requiring
specified dimensions, a cavity drilled
with a number of smaller holes
(dewatering and escape holes), and at
least one escape exit, with some states
requiring specified dimensions.
In Washington, no more than a 100
barrels or buckets are used at any one
time. They can be set individually or
strung together by a common ground
line. The entrance tunnel is no larger
than 11 inches2 (71.0 cm2) and can be
any shape. There must be at least one
escape exit that has an opening of no
less than 91⁄2 inches2 (61.3 cm2). The
gear is marked with buoys equipped
with a pole, flag, radar reflector and a
light. When ground lines are used, the
end marker buoys display the
identification number of the permittee
and the number of pots on the ground
line.
In Oregon, fishermen use barrel gear,
setting up to 200 barrels. There is no
minimum size requirement for the
escape hole, but the use of a hole with
5⁄8 inch (1.6 cm) in diameter is nearly
universal. A groundline with 10–25
barrels is set and soaked for 4 or more
hours. The biodegradable opening has a
minimum diameter of 3 inches (7.6 cm).
In California, fishermen can use (gear
limited per vessel) 25 barrels, 200
buckets, or 500 Korean-style traps, but
never a combination of gear types. The
escape holes are at least 9/16 inches (1.4
cm) in diameter to allow smaller hagfish
to escape. Barrels are 45 inches (114.3
cm) long and the diameter is 25 inches
(63.5 cm) or less. Barrels may be
attached to a maximum of three
groundlines. There is no limitation on
the number of bucket groundlines.
Marking buoys must have the
fisherman’s commercial license number
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and vessel commercial registration
number.
In Washington, the fishery is open
access managed as a trial fishery under
the state’s Emerging Commercial
Fishery Act requiring an emerging
commercial fishery license and a
hagfish pot trial fishery permit. There is
no limit to the amount of hagfish that
can be landed, although no incidental
catch of other species is allowed.
Fishermen must notify the state 24
hours in advance of landing for
dockside sampling, and must submit
logbooks once a month.
In Oregon, the fishery is a statemanaged open access fishery requiring a
hagfish permit and submission of
logbooks quarterly. An annual harvest
guideline of 1.6 million pounds
(726,000 kg) exists for the state, which
could trigger additional management
measures.
In CA, the fishery is a state-managed
open access fishery requiring a general
trap permit for all participants.
Logbooks are not required.
WA/OR Shrimp Pot/Trap Fishery
The Category III WA/OR shrimp pot/
trap fishery targets coonstripe shrimp
and spot shrimp in both Oregon and
Washington. However, humpback and
pink shrimp are also targeted to a lesser
degree in Washington. Shrimp pot
fishing in Oregon, which primarily takes
place near the Oregon/Washington
border, is allowed year round although
most landings occur in the spring and
summer months. Limited fishing effort
in southern Oregon has only recently
developed in the last few years.
Shrimp pot fishing in Washington
(generally divided into a spot shrimp
and non-spot shrimp pot fishery) is
managed as separate fisheries with the
coastal Washington shrimp pot fishery
west of the Bonilla-Tatoosh line and the
Puget Sound fishery east of the BonillaTatoosh line. Coastal shrimp pot fishing
generally occurs 20–40 miles (37.0–74.1
km) offshore at depths of 70 to 100
fathoms (420–600 ft or 128.0–182.9 m).
Puget Sound is divided into 6
management regions. Commercial
fishing in Puget Sound can only
commence once the recreational seasons
have ended, generally running from
early July through September. Effort is
concentrated in the Strait of Juan de
Fuca and near the San Juan Islands for
both spot shrimp and non-spot shrimp,
but a limited amount of fishing also
occurs in Central Puget Sound.
In Oregon, traps are tapered and
circular in shape, with a 1⁄2-inch (1.3
cm) square cord mesh over a steel frame
39 inch (99.1 cm) diameter and 16
inches (40.6 cm) tall. The entrance
tunnels must be between 1.5 and 3
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55359
inches (3.8 and 7.6 cm) at the widest
point. The law requires a destructive
device on traps that degrades rapidly
enough to facilitate escape of a
substantial proportion of all species
confined in the trap from any trap that
cannot be raised. The typical
configuration involves a set of 10–15
traps connected to a long line weighted
at both ends and marked with a polyball
or flagpole. In Oregon and coastal
Washington, each terminal end must be
marked with a pole, flag, light, radar
reflector, and a buoy showing clear
identification of the owner or operator.
In coastal Washington, pots/traps
cannot have a bottom perimeter greater
than 153 inches (12.85 ft or 3.9 m) or a
height greater than 24 inches (61.0 cm).
The minimum mesh size is 7⁄8 inch (2.2
cm). All pots are required to have an
escape mechanism. A string of up to 50
pots is typical. The pots are left to soak
for a minimum of 24 hours. In Puget
Sound, the maximum pot perimeter is
10 feet (3.0 m) and a maximum height
of 18 inches (45.7 cm). The minimum
mesh size is 1⁄2 inch (1.3 cm), although
a 11⁄8 inch (2.9 cm) stretch measure is
allowable for flexible mesh pots, and
shrimp pot buoys are required to be
orange.
In Oregon, the shrimp pot fishery is
an open access permit fishery with
minimum landing size requirements
and obligations to retain and land all
target species, along with mandatory
logbook reporting. There are no
individual or total landing quotas.
In Washington, shrimp pot fisheries
are limited entry fisheries, but permits
are transferable. There are annual
harvest quotas and regional harvest
shares established annually through comanagement agreements with Tribes
and recreational fishermen. Minimum
landing size requirements, landing
obligations, and logbook reporting are
required. In Puget Sound, the fishery is
managed through individual quotas for
each license and with biweekly quotas
for each area. Individuals cannot hold
more than two licenses. Each license
allows the designated vessel to fish with
a maximum of 100 pots per area.
WA Puget Sound Dungeness Crab Pot/
Trap Fishery
The Category III WA Puget Sound
Dungeness crab pot/trap fishery effort
takes place in inland waters typically
less than 20 fathoms (120 ft or 36.6 m)
throughout the Salish Sea. Commercial
Dungeness crab fishing is allowed in the
Strait of Juan de Fuca, San Juan Islands,
and northern Puget Sound to Point
Edwards. Fishing is not allowed in
central and southern Puget Sound. The
fishery generally runs from October 1st
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through April 15th each year, although
the duration of each season can vary
depending on a number of factors.
Fishermen may use crab pots or crab
ring nets; however, most participants
use pots. Crab pots can have a
maximum volume of 13 cubic feet
(368.1 liters). The pots consist of two or
more escape rings or ports of at least 41⁄4
inches (10.8 cm) inside diameter,
located in the upper half of the pot. The
pots are set individually and not
connected to one another. Each pot is
required to have a pot tag attached and
a buoy tag attached to the buoy. Each
pot tag must be permanently marked
with the license owner’s name or
license number and telephone number.
The buoys may not be both red and
white to ensure that commercial and
recreational buoys can be distinguished
(recreational crab buoys are white and
red). Buoys used to mark pots have to
be able to float at least 5 pounds (2.3
kg).
The Puget Sound Dungeness crab pot/
trap fishery is a limited entry fishery.
Fishermen may hold more than one
license, and current license holders may
transfer an existing license to a new
party. Up to three licenses can be
stacked on a single designated vessel.
Each Puget Sound Dungeness crab
license has a maximum limit of 100 pots
or ring nets. Individual areas within the
Salish Sea have a maximum number of
pots allowed per license. Puget Sound
crab harvest is co-managed by the State
of Washington and the Treaty Tribes.
in a string, it is mandatory that the
surface end(s) be marked with a buoy.
The buoy is marked with the
commercial fishing license
identification number followed by the
letter ‘‘Z’’.
California’s nearshore fishery is
managed under the state’s Nearshore
Fishery Management Plan (NFMP) as
well as the Federal Pacific Coast
Groundfish Management Plan and uses
pots as well as hook and line gears in
state waters. In addition to a state
commercial fishing license, a regional
Nearshore Fishery Permit or Deeper
Nearshore Species Fishery Permit is
required, as is a General Trap Permit
and regional Nearshore Fishery trap
endorsement (no trap endorsement is
required for taking, blue, black, brown,
calico, copper, olive, quillback and
treefish rockfish). Most nearshore
fishermen operate under the Open
Access sector of the Federal groundfish
fishery, although some have limited
entry permits. Prior to 2021, the
commercial fishery was closed in
March/April, but became year round in
2021.
CA Nearshore Finfish Trap Fishery
The Category III CA nearshore finfish
trap fishery targets nearshore species
(cabezon, California sheephead,
greenlings, and black, blue, brown,
calico, China, copper, gopher, grass,
kelp, olive, quillback, and treefish
rockfishes) statewide using pot gear in
shallow depths from 5–30 fathoms (30–
180 ft or 9.1–54.9 m), usually within
state waters. Because these species are
caught for the live fish market, the gear
is closely monitored with fishermen
checking their gear every few hours to
ensure quality product.
Pots used in the nearshore fishery
vary and may be the same pots used in
other fisheries (e.g., rock crab, CA spiny
lobster, spot prawn). Finfish pots have
a minimum mesh size of 2 x 2 inches
(5.1 x 5.1 cm) and range in size from 2–
3 feet (0.6–0.9 m) on a side and 1–2 feet
(0.3–0.6 m) high. Fishermen targeting
nearshore species are limited to 50 traps
within state waters along the mainland
shore. Finfish pots cannot be fished
during the period from one hour after
sunset to one hour before sunrise.
Whether pots are used individually or
• HI shallow-set longline fishery from
11 to 14 vessels/persons;
• American Samoa longline fishery
from 13 to 18 vessels/persons;
• HI shortline fishery from 5 to 11
vessels/persons;
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Number of Vessels/Persons
NMFS proposes to update the
estimated number of vessels/persons in
the Pacific Ocean (Table 1) as follows:
Category I
• HI deep-set longline fishery from
143 to 150 vessels/persons;
Category II
Category III
• HI inshore gillnet fishery from 29 to
27 vessels/persons;
• HI lift net fishery from 15 to 14
vessels/persons;
• HI throw net, cast net fishery from
15 to 16 vessels/persons;
• HI seine net fishery from 17 to 16
vessels/persons;
• American Samoa tuna troll from 13
to 3 vessels/persons;
• HI troll fishery from 1,380 to 1,293
vessels/persons;
• HI rod and reel fishery from 237 to
246 vessels/persons;
• Commonwealth of the Northern
Mariana Islands tuna troll fishery from
40 to 9 vessels/persons;
• Guam tuna troll fishery from 398 to
465 vessels/persons;
• HI kaka line fishery from 5 to 6
vessels/persons;
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• HI vertical line fishery from none
recorded to 5 vessels/persons;
• HI crab trap fishery from 4 to 3
vessels/persons;
• HI lobster trap fishery from none
recorded to less than 3 vessels/persons;
• HI crab net fishery from none
recorded to 3 vessels/persons;
• HI kona crab loop net fishery from
20 to 24 vessels/persons;
• American Samoa bottomfish
handline fishery from 9 to 6 vessels/
persons;
• Commonwealth of the Northern
Mariana Islands bottomfish fishery from
11 to 12 vessels/persons;
• Guam bottomfish fishery from 67 to
84 vessels/persons;
• HI bottomfish handline fishery from
385 to 404 vessels/persons;
• HI inshore handline fishery from
206 to 192 vessels/persons;
• HI pelagic handline fishery from
300 to 311 vessels/persons;
• HI bullpen trap fishery from none
recorded to less than 3 vessels/persons;
• HI black coral diving fishery from
none recorded to less than 3 vessels/
persons;
• HI handpick fishery from 25 to 28
vessels/persons;
• HI lobster diving fishery from 12 to
10 vessels/persons;
• HI spearfishing fishery from 82 to
79 vessels/persons;
• CA nearshore finfish trap from 93 to
42 vessels/persons; and
• HI aquarium collecting fishery from
34 to 39 vessels/persons.
List of Species and/or Stocks
Incidentally Killed or Injured in the
Pacific Ocean
NMFS corrects an administrative error
and proposes to add the HI stock of fin
whale and Guadalupe fur seal to the list
of species/stocks incidentally killed or
injured in the Category II HI shallow-set
longline fishery. Both stocks were added
to the list of species/stocks incidentally
killed or injured in the Category II
Western Pacific Pelagic longline fishery
(HI shallow-set component) in the 2018
LOF. The Western Pacific Pelagic
longline fishery (HI shallow-set
component) is a component of the
Category II HI shallow-set longline
fishery. As noted in Table 3, 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. Therefore, NMFS proposes to
add the two stocks to the U.S. waters
component of the fishery, the Category
II HI shallow-set longline fishery.
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NMFS proposes to add the CA
breeding stock of Northern elephant seal
to the list of species/stocks incidentally
killed or injured in the Category II CA
Dungeness crab pot fishery. In 2020, a
mummified northern elephant seal in
California was reported entangled with
lines that included a red plastic CA
Dungeness crab buoy tag (Carretta et al.,
2022).
NMFS proposes to add the Western
U.S. stock of Steller sea lion to the list
of species/stocks incidentally killed or
injured in the Category II AK Gulf of
Alaska sablefish longline fishery based
on two observed mortalities in 2019
(Freed et al., 2021).
NMFS proposes to add the North
Pacific stock of Pacific white-sided
dolphin to the list of species/stocks
incidentally killed or injured in the
Category II AK Bering Sea Aleutian
Islands pollock trawl fishery based on
two observed mortalities in 2019 (Freed
et al., 2021).
NMFS proposes to remove the Central
North Pacific stock of humpback whale
from the list of species/stocks
incidentally killed or injured in the
Category I HI deep-set longline fishery.
From 2015–2019, there have been no
reported or observed M/SI within the
EEZ in the HI deep-set longline fishery
(Carretta et al., 2022).
NMFS proposes to remove the
unknown stock of short-finned pilot
whale from the list of species/stocks
incidentally killed or injured in the
Category II American Samoa longline
fishery. From 2015–2019, there have
been no reported or observed M/SI in
the American Samoa longline fishery
(Carretta et al., 2022).
NMFS proposes to revise marine
mammal stock names on the list of
species/stocks incidentally killed or
injured for consistency with the current
stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift
Gillnet Fishery
• Spotted seal, AK to spotted seal,
Bering;
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Category II AK Bristol Bay Salmon Set
Gillnet Fishery
• Harbor seal, Bering Sea to harbor
seal, Bristol Bay; and
• Spotted seal, AK to spotted seal,
Bering.
Following consultation with the U.S.
Fish and Wildlife Service, NMFS also
proposes to revise marine mammal
stock names on the list of species/stocks
incidentally killed or injured for
consistency with the current stock
names in the SARs as follows:
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Category II CA Halibut/White Seabass
and Other Species Set Gillnet (>3.5 in
Mesh) Fishery
• Sea otter, CA to southern sea otter,
CA;
Category II AK Kodiak Salmon Set
Gillnet Fishery
• Sea otter, Southwest AK to northern
sea otter, Southwest AK;
Category II AK Cook Inlet Salmon Set
Gillnet Fishery
• Sea otter, South central AK to
northern sea otter, South Central AK;
• Category II AK Prince William
Sound salmon drift gillnet fishery Sea
otter, South Central AK to northern sea
otter, South Central AK;
Category II CA Spiny Lobster Fishery
• Southern sea otter to southern sea
otter, CA, and
Category III AK Prince William Sound
Salmon Set Gillnet Fishery
• Sea otter, South central AK to
northern sea otter, South Central AK.
Commercial Fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean
List of Species and/or Stocks
Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and
Caribbean
NMFS proposes to add the MS Sound,
Lake Borgne, Bay Boudreau stock of
bottlenose dolphin to the list of species/
stocks incidentally killed or injured in
the Category II Gulf of Mexico gillnet
fishery. In 2015 and 2016, two dead
stranded dolphins from the MS Sound,
Lake Borgne, Bay Boudreau stock were
recovered with gillnet gear markings
(Hayes et al., 2022). Both animals were
recovered on an Alabama coastline
where only commercial gillnets have
access to the surrounding Gulf waters,
and recreational gillnets are prohibited.
NMFS proposes to add the Barataria
Bay Estuarine System (BBES) 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 shrimp trawl
fishery. In 2015, chaffing gear from a
commercial shrimp trawl was recovered
in a stranded dolphin carcass. The
dolphin likely ingested the gear while
removing gilled fish that were caught in
the trawl net. This animal was ascribed
to both the BBES and Western Coastal
stocks (Hayes et al., 2022).
NMFS proposes to add both the
Caloosahatchee River and Waccasassa
Bay, Withlacoochee Bay, Crystal Bay
stocks of bottlenose dolphin to the list
of species/stocks incidentally killed or
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55361
injured in the Category III Gulf of
Mexico blue crab trap/pot fishery based
on two serious injuries and one
mortality. In 2019, a seriously injured
dolphin (Callosahatchee River stock)
was disentangled from commercial blue
crab trap/pot gear and released alive. In
addition, during 2017, one mortality
(Callosahatchee River stock) occurred
due to entanglement in commercial blue
crab trap/pot gear (Hayes et al., 2022).
Also in 2017, a dolphin (Waccasassa
Bay, Withlacoochee Bay, Crystal Bay
stock) was seriously injured due to
entanglement in commercial blue crab
trap/pot gear (Hayes et al., 2022).
NMFS proposes to add the Galveston
Bay, East Bay, Trinity Bay stock of
bottlenose dolphin to the list of species/
stocks incidentally killed or injured in
the Category III U.S. Atlantic, Gulf of
Mexico trotline fishery. In 2018, a
female dolphin observed with a young
calf died due to an entanglement in
trotline gear (Hayes et al., 2022).
NMFS corrects an administrative error
and proposes to remove the Northern
Gulf of Mexico coastal stock of
bottlenose dolphin from the list of
species/stocks incidentally killed or
injured in the Category II Southeastern
U.S. Atlantic, Gulf of Mexico stone crab
fishery. Upon review of records, it
appears this stock was erroneously
added. There have been no documented
mortalities or injuries of this stock in
this fishery.
NMFS corrects an administrative error
and proposes to remove the Eastern Gulf
of Mexico coastal stock of bottlenose
dolphin from the list of species/stocks
incidentally killed or injured in the
Category III FL West Coast sardine purse
seine fishery. Upon review of records, it
appears this stock was erroneously
added. There have been no documented
mortalities or injuries of this stock in
this fishery. The list of species/stocks
incidentally killed or injured in this
fishery is updated to state none
documented.
Commercial Fisheries on the High Seas
Number of Vessels/Persons
NMFS proposes to update the
estimated number of HSFCA permits for
high seas fisheries (Table 3) as follows:
Category I
• Atlantic highly migratory species
longline fishery from 39 to 30 HSFCA
permits;
• Western Pacific pelagic (HI deep-set
component) longline fishery from 143 to
150 HSFCA permits;
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Category II
• Pacific highly migratory species
drift gillnet fishery from 5 to 3 HSFCA
permits;
• Atlantic highly migratory species
trawl fishery from 1 to 0 HSFCA
permits;
• Western and Central Pacific Ocean
tuna purse seine fishery from 20 to 34
HSFCA permits;
• Western Pacific pelagic purse seine
fishery from 1 to 0 HSFCA permits;
• South Pacific albacore troll longline
fishery from 6 to 8 HSFCA permits;
• Western Pacific pelagic (HI shallowset component) longline fishery from 11
to 14 HSFCA permits;
• Atlantic highly migratory species
handline/pole and line fishery from 1 to
0 HSFCA permits;
• Pacific highly migratory species
handline/pole and line fishery from 44
to 45 HSFCA permits;
• South Pacific albacore troll
handline/pole and line fishery from 9 to
7 HSFCA permits;
• Western Pacific pelagic handline/
pole and line fishery from 5 to 1 HSFCA
permits;
• South Pacific albacore troll fishery
from 20 to 24 HSFCA permits;
• Western Pacific pelagic troll fishery
from 6 to 7 HSFCA permits;
Category III
• Pacific highly migratory species
longline fishery from 111 to 127 HSFCA
permits;
• Pacific highly migratory species
purse seine fishery from 5 to 2 HSFCA
permits;
• Northwest Atlantic trawl fishery
from 4 to 3 HSFCA permits; and
• Pacific highly migratory species
troll fishery from 107 to 93 HSFCA
permits.
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List of Species and/or Stocks
Incidentally Killed or Injured on the
High Seas
NMFS corrects an administrative error
and proposes to add the HI stock of
rough-toothed dolphin to the list of
species/stocks incidentally killed or
injured in the Category I Western Pacific
Pelagic longline fishery (HI deep-set
component). The Western Pacific
Pelagic longline fishery (HI deep-set
component) is a component of the
Category I HI deep-set longline fishery.
As noted in Table 3, 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.
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The HI stock of rough-toothed dolphin
is included on the list of species and/
or stocks killed or injured Category I HI
deep-set longline fishery and therefore
NMFS proposes to add the stock to in
the high seas component (Category I
Western Pacific Pelagic (HI deep-set
component) fishery).
NMFS proposes to remove the Central
North Pacific stock of humpback whale
from the list of species/stocks
incidentally killed or injured in the
Category I Western Pacific Pelagic
longline fishery (HI deep-set
component). As noted in Table 3, 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. From 2015–2019, there have
been no reported or observed M/SI
within the EEZ in the HI deep-set
longline fishery (Carretta et al., 2022).
Therefore, NMFS proposed to remove
the stock from both the HI deep-set
longline fishery and the Western Pacific
Pelagic longline fishery (HI deep-set
component).
NMFS proposes to remove three
stocks from the list of species/stocks
incidentally killed or injured in the
Category II Western Pacific Pelagic
longline fishery (HI shallow-set
component). The three stocks are: (1)
Ginkgo-toothed beaked whale, (2) CA
breeding stock of Northern elephant seal
and (3) CA/OR/WA stock of shortbeaked common dolphin. From 2015–
2019, there were no observed moralities
or injuries of these stocks in the HI
shallow-set component of the Western
Pacific Pelagic longline fishery (Carretta
et al., 2022).
NMFS proposes to remove the
unknown stock of humpback whale
from the list of species/stocks
incidentally killed or injured in the
Category II Western and Central Pacific
Ocean tuna purse seine fishery. From
2015–2019, there were no observed
moralities or injuries of these stocks in
the Western and Central Pacific Ocean
tuna purse seine fishery (Carretta et al.,
2022).
NMFS proposes to revise the
following marine mammal stock names
to ‘‘unknown’’ stock on the list of
species/stocks incidentally killed or
injured in the Category II Western and
Central Pacific Ocean tuna purse seine
fishery based on more recent observer
data:
• Bottlenose dolphin, HI pelagic
• Bryde’s whale, HI
• False killer whale, HI pelagic
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•
•
•
•
•
•
Fin whale, HI
Long-beaked common dolphin, CA
Minke whale, HI
Pygmy killer whale, HI
Sei whale, HI, and
Sperm whale, HI.
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 gather 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
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information included above in Where
can I find more information about the
LOF and the MMAP? section).
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, the number of
HSFCA permits listed in Table 3 for the
high seas components of fisheries that
also operate within U.S. waters does not
necessarily represent additional effort
that is not accounted for in Tables 1 and
2. Many vessels holding HSFCA permits
also fish within U.S. waters and are
included in the number of vessels and
participants operating within those
fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine
mammal species and/or stocks
incidentally killed or injured (seriously
or non-seriously) in each fishery based
on SARs, injury determination reports,
bycatch estimation reports, observer
data, logbook data, stranding data,
disentanglement network data,
fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best
available scientific information
included in these reports is based on
data through 2019. 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 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 with an
asterisk (*) 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 * ∧ ........................................................
150 .................
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.1
False killer whale, MHI Insular.
False killer whale, NWHI.
Kogia spp. (Pygmy or dwarf sperm whale), HI.
Risso’s dolphin, HI.
Rough-toothed dolphin, HI.
Short-finned pilot whale, HI.
Striped dolphin, HI.
CATEGORY II
jspears on DSK121TN23PROD with PROPOSALS
Gillnet Fisheries:
CA thresher shark/swordfish drift gillnet (≥14 in mesh) * ....
CA halibut/white seabass and other species set gillnet
(>3.5 in mesh).
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55363
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.1
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
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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number of
vessels/
persons
jspears on DSK121TN23PROD with PROPOSALS
Fishery description
CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size ≥3.5 in and <14 in) 2.
20 ...................
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 .....................
136 .................
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Marine mammal species and/or
stocks incidentally killed or injured
Long-beaked common dolphin, CA.
Northern elephant seal, CA breeding.
Southern sea otter, CA.
Short-beaked common dolphin, CA/OR/WA.
California sea lion, U.S.
Long-beaked common dolphin, CA.
Short-beaked common dolphin, CA/OR/WA.
Beluga whale, Bristol Bay.
Gray whale, Eastern North Pacific.
Harbor seal, Bering Sea.
Northern fur seal, Eastern Pacific.
Pacific white-sided dolphin, North Pacific.
Spotted seal, Bering.
Steller sea lion, Western U.S.
Beluga whale, Bristol Bay.
Gray whale, Eastern North Pacific.
Harbor seal, Bristol Bay.
Northern fur seal, Eastern Pacific.
Spotted seal, Bering.
Harbor porpoise, GOA.1
Harbor seal, GOA.
Humpback whale, Central North Pacific.
Humpback whale, Western North Pacific.
Northern sea otter, Southwest AK.
Steller sea lion, Western U.S.
Beluga whale, Cook Inlet.
Dall’s porpoise, AK.
Harbor porpoise, GOA.
Harbor seal, Cook Inlet/Shelikof Strait.
Humpback whale, Central North Pacific.1
Northern 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.
Gray whale, Eastern North Pacific.
Harbor porpoise, GOA.1
Harbor seal, Prince William Sound.
Humpback whale, Central North Pacific.
Northern fur seal, Eastern Pacific.
Pacific white-sided dolphin, North Pacific.
Northern 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, Beringia.
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55365
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number of
vessels/
persons
jspears on DSK121TN23PROD with PROPOSALS
Fishery description
Marine mammal species and/or
stocks incidentally killed or injured
Gray whale, Eastern North Pacific.
Harbor porpoise, Bering Sea.
Harbor seal, Bristol Bay.
Humpback whale, Western North Pacific.1
Killer whale, Eastern North Pacific Alaska resident.1
Killer whale, Eastern North Pacific GOA, AI, BS transient.1
Northern fur seal, Eastern Pacific.
Ringed seal, Arctic.
Ribbon seal.
Spotted seal, Bering.
Steller sea lion, Western U.S.1
Walrus, AK.
Harbor seal, Bristol Bay.
Humpback whale, Central North Pacific.
Humpback whale, Western North Pacific.
Pacific white-sided dolphin, North Pacific.
Ribbon seal.
Ringed seal, Arctic.
Steller sea lion, Western U.S.1
AK Bering Sea, Aleutian Islands pollock trawl ....................
102 .................
Pot, Ring Net, and Trap Fisheries:
AK Bering Sea, Aleutian Islands Pacific cod pot ................
59 ...................
CA coonstripe shrimp pot ....................................................
9 .....................
CA spiny lobster ..................................................................
189 .................
CA spot prawn pot ...............................................................
22 ...................
CA Dungeness crab pot ......................................................
471 .................
OR Dungeness crab pot ......................................................
323 .................
WA/OR/CA sablefish pot .....................................................
WA coastal Dungeness crab pot .........................................
144 .................
204 .................
Longline/Set Line Fisheries:
AK Gulf of Alaska sablefish longline ...................................
295 .................
HI shallow-set longline * ∧ ....................................................
14 ...................
American Samoa longline 2 .................................................
18 ...................
HI shortline 2 ........................................................................
Marine Aquaculture Fisheries:
HI offshore pen culture ...............................................................
11 ...................
Northern elephant seal, California.
Sperm whale, North Pacific.
Steller sea lion, Eastern U.S.
Steller sea lion, Western U.S.
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.1
Fin whale, HI.
Guadalupe fur seal.
Humpback whale, Central North Pacific.
Risso’s dolphin, HI.
Striped dolphin, HI.
False killer whale, American Samoa.
Rough-toothed dolphin, American Samoa.
Striped dolphin, unknown.
None documented.
1 .....................
Hawaiian monk seal.
Harbor seal, Bristol Bay.
Humpback whale, Central North Pacific.
Humpback whale, Western North Pacific.
Gray whale, Eastern North Pacific.
Harbor seal, CA.
Humpback whale, CA/OR/WA.1
Bottlenose dolphin, CA/OR/WA offshore.
California sea lion, U.S.
Humpback whale, CA/OR/WA.1
Gray whale, Eastern North Pacific.
Southern sea otter, CA.
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
Killer whale, Eastern North Pacific GOA, BSAI transient.
Killer whale, West Coast transient.
Northern elephant seal, CA breeding.
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
CATEGORY III
Gillnet Fisheries:
AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon
gillnet.
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Harbor porpoise, Bering Sea.
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
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 herring set gillnet ...........................................................
HI inshore gillnet ..................................................................
920 .................
11 ...................
27 ...................
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 .................................................
19 ...................
jspears on DSK121TN23PROD with PROPOSALS
Miscellaneous Net Fisheries:
AK Cook Inlet salmon purse seine ......................................
AK Kodiak salmon purse seine ...........................................
10 ...................
244 .................
57 ...................
83 ...................
376 .................
Marine mammal species and/or
stocks incidentally killed or injured
Harbor seal, GOA.
Northern 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.
Humpback whale, Central North Pacific.
Dall’s porpoise, AK.
Harbor seal, North Kodiak.
Humpback whale, Central North Pacific.
Humpback whale, Western North Pacific.
Steller sea lion, Western U.S.
Humpback whale, Central North Pacific.
None documented.
None documented.
None documented.
Harbor seal, GOA.
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).
315 .................
10 ...................
356 .................
31 ...................
936 .................
WA/OR sardine purse seine ................................................
CA anchovy, mackerel, sardine purse seine ......................
6 .....................
53 ...................
CA squid purse seine ..........................................................
68 ...................
CA tuna purse seine * ..........................................................
WA/OR Lower Columbia River salmon seine .....................
WA/OR herring, anchovy, smelt, squid purse seine or
lampara.
WA salmon 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 .........................
WA salmon net pens ...........................................................
WA/OR shellfish aquaculture ..............................................
Troll Fisheries:
WA/OR/CA albacore surface hook and line/troll .................
CA halibut, white seabass, and yellowtail hook and line/
handline.
CA/OR/WA non-albacore HMS hook and line ....................
AK Bering Sea, Aleutian Islands groundfish hand troll and
dinglebar troll.
AK Gulf of Alaska groundfish hand troll and dinglebar troll
AK salmon troll ....................................................................
American Samoa tuna troll ..................................................
CA/OR/WA salmon troll .......................................................
HI troll ..................................................................................
HI rod and reel ....................................................................
Commonwealth of the Northern Mariana Islands tuna troll
Guam tuna troll ....................................................................
Longline/Set Line Fisheries:
14 ...................
1 .....................
41 ...................
Harbor seal, Prince William Sound.
None documented.
California sea lion, U.S.
Harbor seal, CA.
California sea lion, U.S.
Long-beaked common dolphin, CA.
Risso’s dolphin, CA/OR/WA.
Short-beaked common dolphin, CA/OR/WA.
None documented.
None documented.
None documented.
81 ...................
11 ...................
14 ...................
None recorded
16 ...................
16 ...................
None
None
None
None
None
None
19 ...................
None documented.
unknown ........
>1 ...................
13 ...................
14 ...................
23 ...................
None documented.
None documented.
California sea lion, U.S.
California sea lion, U.S. Harbor seal, WA inland waters.
None documented.
556 .................
388 .................
None documented.
None documented.
124 .................
unknown ........
None documented.
None documented.
unknown ........
1,908 ..............
3 .....................
1,030 ..............
1,293 ..............
246 .................
9 .....................
465 .................
None documented.
Steller sea lion, Eastern U.S. Steller sea lion, Western U.S.
None documented.
None documented.
Pantropical spotted dolphin, HI.
None documented.
None documented.
None documented.
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documented.
documented.
documented.
documented.
documented.
documented.
E:\FR\FM\09SEP1.SGM
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
55367
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number of
vessels/
persons
jspears on DSK121TN23PROD with PROPOSALS
Fishery description
AK Bering Sea, Aleutian Islands Greenland turbot longline
AK Bering Sea, Aleutian Islands Pacific cod longline .........
4 .....................
45 ...................
AK Bering Sea, Aleutian Islands sablefish longline ............
AK Bering Sea, Aleutian Islands halibut longline ................
22 ...................
127 .................
AK Gulf of Alaska halibut longline .......................................
855 .................
AK Gulf of Alaska Pacific cod longline ................................
92 ...................
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 ............
3 .....................
464 .................
WA/OR/CA Pacific halibut longline .....................................
West Coast pelagic longline ................................................
HI kaka line ..........................................................................
HI vertical line ......................................................................
Trawl Fisheries:
AK Bering Sea, Aleutian Islands Atka mackerel trawl ........
130 .................
4 .....................
6 .....................
5 .....................
AK Bering Sea, Aleutian Islands Pacific cod trawl .............
72 ...................
AK Bering Sea, Aleutian Islands rockfish trawl ...................
17 ...................
AK Gulf of Alaska flatfish trawl ............................................
36 ...................
AK Gulf of Alaska Pacific cod trawl ....................................
AK Gulf of Alaska pollock trawl ...........................................
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 .......................................................
55 ...................
67 ...................
43 ...................
4 .....................
38 ...................
2 .....................
CA sea cucumber trawl .......................................................
WA/OR/CA shrimp trawl ......................................................
WA/OR/CA groundfish trawl ................................................
11 ...................
130 .................
118 .................
Pot, Ring Net, and Trap Fisheries:
AK Bering Sea, Aleutian Islands sablefish pot ...................
AK Bering Sea, Aleutian Islands crab pot ...........................
6 .....................
540 .................
AK
AK
AK
AK
AK
AK
AK
Gulf of Alaska crab pot ..................................................
Gulf of Alaska Pacific cod pot .......................................
Gulf of Alaska sablefish pot ..........................................
Southeast Alaska crab pot ............................................
Southeast Alaska shrimp pot ........................................
shrimp pot, except Southeast ........................................
octopus/squid pot ..........................................................
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314 .................
13 ...................
23 ...................
271 .................
116 .................
248 .................
375 .................
99 ...................
141 .................
15 ...................
Fmt 4702
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Marine mammal species and/or
stocks incidentally killed or injured
Killer whale, GOA, AI, BS transient.
Northern fur seal, Eastern Pacific.
Steller sea lion, Western U.S.
None documented.
Northern fur seal, Eastern Pacific.
Sperm whale, North Pacific.
Harbor seal, Clarence Strait.
Harbor seal, Cook Inlet.
Steller sea lion, Eastern U.S.
Harbor seal, Cook Inlet/Shelikof Strait.
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 5 years of data.
None documented.
None documented.
Harbor seal, Aleutian Islands.
Northern elephant seal, California.
Steller sea lion, Western U.S.
Bearded seal, AK.
Ribbon seal.
Steller sea lion, Western U.S.
Harbor seal, Aleutian Islands.
Ribbon seal.
Harbor seal, Cook Inlet/Shelikof Strait.
Harbor seal, North Kodiak.
Harbor seal, South Kodiak.
Steller sea lion, Western U.S.
Steller sea lion, Western U.S.
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.
California sea lion, U.S.
California sea lion, U.S.
Dall’s porpoise, CA/OR/WA.
Harbor seal, OR/WA coast.
Northern elephant seal, CA breeding.
Northern fur seal, Eastern Pacific.
Northern right whale dolphin, CA/OR/WA.
Pacific white-sided dolphin, CA/OR/WA.
Steller sea lion, Eastern U.S.
Sperm whale, North Pacific.
Bowhead whale, Western Arctic.
Gray whale, Eastern North Pacific.
None documented.
None documented in most recent 5 years of data.
None documented.
Humpback whale, Central North Pacific (Southeast AK).
Humpback whale, Central North Pacific (Southeast AK).
None documented.
None documented.
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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number of
vessels/
persons
Fishery description
CA rock crab pot .................................................................
113 .................
CA Tanner crab pot fishery .................................................
WA/OR/CA hagfish pot ........................................................
WA/OR shrimp pot/trap .......................................................
WA Puget Sound Dungeness crab pot/trap ........................
HI crab trap ..........................................................................
HI fish trap ...........................................................................
HI lobster trap ......................................................................
HI shrimp trap ......................................................................
HI crab net ...........................................................................
HI Kona crab loop net .........................................................
Hook and Line, Handline, and Jig Fisheries:
AK Bering Sea, Aleutian Islands groundfish jig ..................
AK Gulf of Alaska groundfish jig .........................................
AK halibut jig .......................................................................
American Samoa bottomfish ...............................................
Commonwealth of the Northern Mariana Islands
bottomfish.
Guam bottomfish .................................................................
HI aku boat, pole, and line ..................................................
HI bottomfish handline .........................................................
HI inshore handline .............................................................
HI pelagic handline ..............................................................
WA/OR/CA groundfish/finfish hook and line .......................
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 ..........................
CA/OR/WA dive collection ...................................................
CA/WA kelp, seaweed and algae .......................................
HI black coral diving ............................................................
HI fish pond .........................................................................
HI handpick ..........................................................................
HI lobster diving ...................................................................
HI spearfishing .....................................................................
WA/OR/CA hand/mechanical collection ..............................
Commercial Passenger Fishing Vessel (Charter Boat) Fisheries:
AK/WA/OR/CA commercial passenger fishing vessel ........
1 .....................
63 ...................
28 ...................
145 .................
3 .....................
4 .....................
Less than 3 ....
3 .....................
3 .....................
24 ...................
Gray whale, Eastern North Pacific.
Harbor seal, CA.
None documented.
None documented.
None documented.
None documented.
Humpback whale, Central North Pacific.
None documented.
None documented in recent years.
None documented.
None documented.
None documented.
2 .....................
214 .................
71 ...................
6 .....................
12 ...................
None
None
None
None
None
84 ...................
None recorded
404 .................
192 .................
311 .................
689 .................
0 .....................
None documented.
None documented.
None documented in recent years.
None documented.
None documented.
California sea lion, U.S.
None documented.
21 ...................
None documented.
291 .................
2 .....................
Less than 3 ....
None documented.
None documented.
None documented.
13 ...................
California sea lion, U.S.
108 (5 AK) .....
None documented.
130 .................
2 .....................
266 .................
214 .................
186 .................
4 .....................
Less than 3 ....
None recorded
28 ...................
10 ...................
79 ...................
320 .................
None
None
None
None
None
None
None
None
None
None
None
None
>7,000 (1,006
AK).
Humpback whale, Central North Pacific.
Humpback whale, Western North Pacific.
Killer whale, unknown.
Steller sea lion, Eastern U.S.
Steller sea lion, Western U.S.
42 ...................
39 ...................
None documented.
None documented.
Live Finfish/Shellfish Fisheries:
CA nearshore finfish trap ....................................................
HI aquarium collecting .........................................................
jspears on DSK121TN23PROD with PROPOSALS
Marine mammal species and/or
stocks incidentally killed or injured
documented.
documented in most recent 5 years of data.
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; and
∧ 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.
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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 ...............................................................
4,020 ..............
Northeast sink gillnet ...........................................................
4,072 ..............
Trap/Pot Fisheries:
Northeast/Mid-Atlantic American lobster trap/pot ................
8,485 ..............
Humpback whale, Gulf of Maine.
Minke whale, Canadian east coast.
North Atlantic right whale, WNA.1
201 .................
Atlantic spotted dolphin, Northern GMX.
Bottlenose dolphin, Northern GMX oceanic.
Bottlenose dolphin, WNA offshore.
Common dolphin, WNA.
Cuvier’s beaked whale, WNA.
False killer whale, WNA.
Harbor porpoise, GME, BF.
Kogia spp. (Pygmy or dwarf sperm whale), WNA.
Long-finned pilot whale, WNA.
Mesoplodon beaked whale, WNA.
Minke whale, Canadian East coast.
Pantropical spotted dolphin, Northern GMX.
Pygmy sperm whale, GMX.
Risso’s dolphin, Northern GMX.
Risso’s dolphin, WNA.
Rough-toothed dolphin, Northern GMX.
Short-finned pilot whale, Northern GMX.
Short-finned pilot whale, WNA.1
Sperm whale, Northern GMX.
Longline Fisheries:
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline *.
Bottlenose dolphin, Northern Migratory coastal.
Bottlenose dolphin, Southern Migratory coastal.1
Bottlenose dolphin, Northern NC estuarine system.1
Bottlenose dolphin, Southern NC estuarine system.1
Bottlenose dolphin, WNA offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/BF.
Harbor seal, WNA.
Hooded seal, WNA.
Humpback whale, Gulf of Maine.
Minke whale, Canadian east coast.
Bottlenose dolphin, Northern Migratory coastal.
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.
jspears on DSK121TN23PROD with PROPOSALS
CATEGORY II
Gillnet Fisheries:
Chesapeake Bay inshore gillnet 2 .......................................
265 .................
Gulf of Mexico gillnet 2 .........................................................
248 .................
NC inshore gillnet ................................................................
2,676 ..............
Northeast anchored float gillnet 2 ........................................
852 .................
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Bottlenose dolphin, unknown (Northern migratory coastal or
Southern migratory coastal).
Bottlenose dolphin, Eastern GMX coastal.
Bottlenose dolphin, GMX bay, sound, and estuarine.
Bottlenose dolphin, Mobile Bay, Bonsecour Bay.
Bottlenose dolphin, MS Sound, Lake Borgne, Bay Boudreau.
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.
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TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN—
Continued
Estimated
number of
vessels/
persons
jspears on DSK121TN23PROD with PROPOSALS
Fishery description
Northeast drift gillnet 2 .........................................................
Southeast Atlantic gillnet 2 ...................................................
1,036 ..............
273 .................
Southeastern U.S. Atlantic shark gillnet ..............................
21 ...................
Trawl Fisheries:
Mid-Atlantic mid-water trawl (including pair trawl) ..............
320 .................
Mid-Atlantic bottom trawl .....................................................
633 .................
Northeast mid-water trawl (including pair trawl) ..................
542 .................
Northeast bottom trawl ........................................................
968 .................
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ....
10,824 ............
Trap/Pot Fisheries:
MA mixed species trap/pot ..................................................
Southeastern U.S. Atlantic, Gulf of Mexico stone crab
trap/pot 2.
1,240 ..............
1,101 ..............
Atlantic mixed species trap/pot 2 .........................................
3,493 ..............
Atlantic blue crab trap/pot ...................................................
6,679 ..............
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Marine mammal species and/or
stocks incidentally killed or injured
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.
Bottlenose dolphin, WNA offshore.
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.1
Common dolphin, WNA.
Gray seal, WNA.1
Harbor porpoise, GME/BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot whale, WNA.1
Risso’s dolphin, WNA.1
White-sided dolphin, WNA.1
Atlantic spotted dolphin, Northern Gulf of Mexico.
Bottlenose dolphin, Barataria Bay Estuarine System.
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, Pensacola Bay, East Bay.
Bottlenose dolphin, Perdido Bay.
Bottlenose dolphin, SC/GA coastal.1
Bottlenose dolphin, Southern migratory coastal.
Bottlenose dolphin, Western GMX coastal.1
None documented.
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, 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.
E:\FR\FM\09SEP1.SGM
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TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN—
Continued
Estimated
number of
vessels/
persons
Fishery description
Marine mammal species and/or
stocks incidentally killed or injured
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,
Bottlenose dolphin,
Bottlenose dolphin,
Boudreau.
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
GMX bay, sound, estuarine.
Mississippi River Delta.
Mississippi Sound, Lake Borgne, Bay
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Northern Migratory coastal.1
Northern NC estuarine system.1
Southern Migratory coastal.1
Northern NC estuarine system.1
Southern NC estuarine system.
Northern GMX coastal.1
Western GMX coastal.1
Northern Migratory coastal.
Southern Migratory coastal.
Mid-Atlantic menhaden purse seine 2 ..................................
17 ...................
Haul/Beach Seine Fisheries:
Mid-Atlantic haul/beach seine .............................................
359 .................
NC long haul seine ..............................................................
22 ...................
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 .......................................................................
20 ...................
Bottlenose dolphin, Northern migratory coastal.
Bottlenose dolphin, Northern NC estuarine system.
Bottlenose dolphin, Southern Migratory coastal.1
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
CATEGORY III
jspears on DSK121TN23PROD with PROPOSALS
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 .............................................
127 .................
unknown ........
unknown ........
unknown ........
None
None
None
None
documented
documented
documented
documented
in
in
in
in
the
the
the
the
most
most
most
most
recent
recent
recent
recent
5
5
5
5
years
years
years
years
of
of
of
of
data.
data.
data.
data.
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.
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 .......................................
>7 ...................
>2 ...................
10 ...................
5 .....................
Harbor seal, WNA.
None documented.
None documented.
None documented in most recent 5 years of data.
>1,207 ............
2,846 ..............
None documented.
Humpback whale, Gulf of Maine.
>5,000 ............
Bottlenose dolphin, GMX continental shelf.
39 ...................
680 .................
Bottlenose dolphin, Eastern GMX coastal.
Bottlenose dolphin, Northern GMX continental shelf.
None documented.
unknown ........
Bottlenose dolphin, Galveston Bay, East Bay, Trinity Bay.
154 .................
Caribbean spiny lobster trap/pot .........................................
40 ...................
Bottlenose dolphin, Puerto Rico and United States Virgin Islands.
None documented.
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55372
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN—
Continued
Estimated
number of
vessels/
persons
jspears on DSK121TN23PROD with PROPOSALS
Fishery description
Marine mammal species and/or
stocks incidentally killed or injured
FL spiny lobster trap/pot ......................................................
1,268 ..............
Gulf of Mexico blue crab trap/pot ........................................
4,113 ..............
Gulf of Mexico mixed species trap/pot ................................
Southeastern U.S. Atlantic, Gulf of Mexico golden crab
trap/pot.
U.S. Mid-Atlantic eel trap/pot ..............................................
Stop Seine/Weir/Pound Net/Floating Trap/Fyke Net Fisheries:
Gulf of Maine herring and Atlantic mackerel stop seine/
weir.
unknown ........
10 ...................
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, Caloosahatchee River.
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, Waccasassa Bay, Withlacoochee Bay,
Crystal Bay.
Bottlenose dolphin, Western GMX coastal.
West Indian manatee, FL.
None documented.
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
38 ...................
unknown ........
25 ...................
West Indian manatee, Puerto Rico.
None documented.
None documented.
20,000 ............
None documented.
unknown ........
unknown ........
None documented.
None documented.
4,000 ..............
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Boudreau.
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
Bottlenose dolphin,
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documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
Barataria Bay estuarine system.
Biscayne Bay estuarine.
Central FL coastal.
Choctawhatchee Bay.
Eastern GMX coastal.
FL Bay.
GMX bay, sound, estuarine.
Indian River Lagoon estuarine system.
Jacksonville estuarine system.
Mississippi Sound, Lake Borgne, Bay
Northern
Northern
Northern
Northern
E:\FR\FM\09SEP1.SGM
FL coastal.
GA/Southern SC estuarine.
GMX coastal.
migratory coastal.
09SEP1
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55373
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.
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; and
* Fishery has an associated high seas component listed in Table 3.
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 * ......................................
30 ...................
Western Pacific Pelagic (HI Deep-set component) * ∧ ........
150 .................
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.
Kogia spp. (Pygmy or dwarf sperm whale), HI.
Risso’s dolphin, HI.
Rough-toothed dolphin, HI.
Short-finned pilot whale, HI.
Striped dolphin, HI.
CATEGORY II
jspears on DSK121TN23PROD with PROPOSALS
Drift Gillnet Fisheries:
Pacific Highly Migratory Species * ∧ ....................................
Trawl Fisheries:
Atlantic Highly Migratory Species ** ....................................
CCAMLR ..............................................................................
Purse Seine Fisheries:
Western and Central Pacific Ocean Tuna Purse Seine .....
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Long-beaked common dolphin, CA.
Humpback whale, CA/OR/WA.
Northern right-whale dolphin, CA/OR/WA.
Pacific white-sided dolphin, CA/OR/WA.
Risso’s dolphin, CA/OR/WA.
Short-beaked common dolphin, CA/OR/WA.
0 .....................
0 .....................
No information.
Antarctic fur seal.
34 ...................
Bottlenose dolphin, unknown.
Blue whale, unknown.
Bryde’s whale, unknown.
False killer whale, unknown.
Fin whale, unknown.
Indo-Pacific dolphin.
Long-beaked common dolphin, unknown.
Melon-headed whale, unknown.
Minke whale, unknown.
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TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued
Number of
HSFCA
permits
Fishery description
Western Pacific Pelagic .......................................................
Longline Fisheries:
CCAMLR ..............................................................................
South Pacific Albacore Troll ................................................
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 .......................................................
0 .....................
Marine mammal species and/or stocks incidentally
killed or injured
Pantropical spotted dolphin, unknown.
Pygmy killer whale, unknown.
Risso’s dolphin, unknown.
Rough-toothed dolphin, unknown.
Sei whale, unknown.
Short-finned pilot whale, unknown.
Sperm whale, unknown.
Spinner dolphin, unknown.
No information.
0 .....................
8 .....................
14 ...................
None documented.
No information.
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.
Fin whale, HI.
Guadalupe fur seal.
Humpback whale, Central North Pacific.
Risso’s dolphin, HI.
Striped dolphin, HI.
0 .....................
45 ...................
7 .....................
1 .....................
No
No
No
No
information.
information.
information.
information.
0 .....................
24 ...................
0 .....................
7 .....................
No
No
No
No
information.
information.
information.
information.
CATEGORY III
Longline Fisheries:
Northwest Atlantic Bottom Longline ....................................
Pacific Highly Migratory Species .........................................
Purse Seine Fisheries:
Pacific Highly Migratory Species * ∧ ....................................
Trawl Fisheries:
Northwest Atlantic ................................................................
Troll Fisheries:
Pacific Highly Migratory Species * .......................................
2 .....................
127 .................
None documented.
None documented in the most recent 5 years of data.
2 .....................
None documented.
3 .....................
None documented.
93 ...................
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; and
∧ 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
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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.
MA mixed species trap/pot.
Northeast anchored float gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
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55375
TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued
Take reduction plans
Affected fisheries
Bottlenose Dolphin Take Reduction Plan (BDTRP)—50 CFR 229.35 ....
False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37 ..
Harbor Porpoise Take Reduction Plan (HPTRP)—50 CFR 229.33 (New
England) and 229.34 (Mid-Atlantic).
Pelagic Longline Take Reduction Plan (PLTRP)—50 CFR 229.36 .........
Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR
229.31.
Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................
Southeastern U.S. Atlantic shark gillnet.*
Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧
Category I:
Mid-Atlantic gillnet.
Category II:
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic shark gillnet.
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl.∧
Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧
VA pound net.
Category I:
HI deep-set longline.
Category II:
HI shallow-set longline.
Category I:
Mid-Atlantic gillnet.
Northeast sink gillnet.
Category I:
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline.
Category II:
CA thresher shark/swordfish drift gillnet (≥14 in mesh).
Category II:
Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl (including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl (including pair trawl).
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S. waters; and
∧ Only applicable to the portion of the fishery operating in the Atlantic Ocean.
jspears on DSK121TN23PROD with PROPOSALS
Classification
The Chief Counsel for Regulation of
the Department of Commerce has
certified to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA) that this proposed
rule would not have a significant
economic impact on a substantial
number of small entities. Any entity
with combined annual fishery landing
receipts less than $11 million is
considered a small entity for purposes
of the Regulatory Flexibility Act. Under
the size standard, all entities subject to
this action were considered small
entities; thus, they all would continue to
be considered small under the new
standards.
Under existing regulations, all
individuals participating in Category I
or II fisheries must register under the
MMPA and obtain an authorization
certificate. The authorization certificate
authorizes the taking of marine
mammals incidental to commercial
fishing operations under the MMPA.
Additionally, individuals may be
subject to a TRP and requested to carry
an observer. NMFS has estimated that
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18:02 Sep 08, 2022
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up to approximately 56,603 fishing
vessels, most with annual revenues
below the SBA’s small entity thresholds,
may operate in Category I or II fisheries.
As fishing vessels operating in Category
I or II fisheries, they are required to
register with NMFS. The MMPA
registration process is integrated with
existing state and Federal licensing,
permitting, and registration programs.
Therefore, individuals who have a state
or Federal fishing permit or landing
license, or who are authorized through
another related state or Federal fishery
registration program, are currently not
required to register separately under the
MMPA or pay the $25 registration fee.
Through this integrated process,
registration under the MMPA, including
the $25 registration fee, is only required
for vessels participating in a Category I
or II non-permitted fishery. All Category
I and II fisheries listed on the 2023
proposed LOF are permitted through
state or Federal processes, and
registration under the MMPA is covered
through the integrated process.
Therefore, this proposed rule would not
impose any direct costs on small
entities.
PO 00000
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Fmt 4702
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The MMPA requires any vessel owner
or operator participating in a fishery
listed on the LOF to report to NMFS,
within 48 hours of the end of the fishing
trip, all marine mammal incidental
mortalities and injuries that occur
during commercial fishing operations.
These marine mammal mortalities and
injuries are reported using a postagepaid, Office of Management and Budget
(OMB) approved form (OMB Control
Number 0648–0292). This postage-paid
form requires less than 15 minutes to
complete and can be dropped in any
mailbox, faxed, emailed, or completed
online within 48 hours of the vessels
return to port. Therefore, recordkeeping
and reporting costs associated with this
LOF are minimal and would not have a
significant impact on a substantial
number of small entities.
If a vessel is requested to carry an
observer, vessels will not incur any
direct economic costs associated with
carrying that observer. As a result of this
certification, an initial regulatory
flexibility analysis is not required and
none has been prepared. In the event
that reclassification of a fishery to
Category I or II results in a TRP,
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Proposed Rules
economic analyses of the effects of that
TRP would be summarized in
subsequent rulemaking actions.
This proposed 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 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 (see
ADDRESSES). You may also submit
comments on these or any other aspects
of the collection of information at
https://www.reginfo.gov/public/do/
PRAMain.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with a COI,
subject to the requirements of the
Paperwork Reduction Act, unless that
COI displays a currently valid OMB
control number.
This proposed rule has been
determined to be not significant for the
purposes of Executive Orders 12866 and
13563.
In accordance with the Companion
Manual for NOAA Administrative Order
(NAO) 216–6A, NMFS determined that
publishing this proposed LOF qualifies
to be categorically excluded from
further NEPA review, consistent with
categories of activities identified in
Categorical Exclusion G7 (‘‘Preparation
of policy directives, rules, regulations,
and guidelines of an administrative,
financial, legal, technical, or procedural
nature, or for which the environmental
effects are too broad, speculative or
conjectural to lend themselves to
meaningful analysis and will be subject
later to the NEPA process, either
collectively or on a case-by-case basis’’)
of the Companion Manual and we have
not identified any extraordinary
circumstances listed in Chapter 4 of the
Companion Manual for NAO 216–6A
that would preclude application of this
categorical exclusion. If NMFS takes a
management action, for example,
through the development of a TRP,
NMFS would first prepare an
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18:02 Sep 08, 2022
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Environmental Impact Statement or
Environmental Assessment, as required
under NEPA, specific to that action.
This proposed rule would not affect
species listed as threatened or
endangered under the ESA or their
associated critical habitat. The impacts
of numerous fisheries have been
analyzed in various biological opinions,
and this rule will not affect the
conclusions of those opinions. The
classification of fisheries on the LOF is
not considered to be a management
action that would adversely affect
threatened or endangered species. If
NMFS takes a management action, for
example, through the development of a
TRP, NMFS would consult under ESA
section 7 on that action.
This proposed rule would have no
adverse impacts on marine mammals
and may have a positive impact on
marine mammals by improving
knowledge of marine mammals and the
fisheries interacting with marine
mammals through information collected
from observer programs, stranding and
sighting data, or take reduction teams.
This proposed rule would not affect
the land or water uses or natural
resources of the coastal zone, as
specified under section 307 of the
Coastal Zone Management Act.
Carretta, J.W., E.M. Oleson, K.A. Forney,
M.M. Muto, D.W. Weller, A.R. Lang, J.
Baker, B. Hanson, A.J. Orr, J. Barlow, J.E.
Moore, and R.L. Brownell. 2022. U.S.
Pacific Marine Mammal Stock
Assessments: 2021. U.S. Department of
Commerce, NOAA Technical
Memorandum NMFS–SWFSC–663. 395
p.
Carretta, J.V., J. Greenman, K. Wilkinson, J.
Freed, L. Saez, D. Lawson, J. Viezbicke,
and J. Jannot. 2021. Sources of humanrelated injury and mortality for U.S.
Pacific west coast marine mammal stock
assessments, 2016–2020. Draft reviewed
by the Pacific Scientific Review Group in
March, 2022. 140 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, J. Barlow, D. Lynch, L. Carswell,
and R.L. Brownell Jr. 2021. U.S. Pacific
Marine Mammal Stock Assessments:
2020. U.S. Department of Commerce,
NOAA Technical Memorandum NMFS–
SWFSC–646. 394 p.
Freed, J. C., N.C. Young, B.J. Delean, V.T.
Helker, M.M. Muto, K.M. Savage, S.S.
Teerlink, L.A. Jemison, K.M. Wilkinson,
and J.E. Jannot. 2021. Human-Caused
Mortality and Injury of NMFS-Managed
Alaska Marine Mammal Stocks, 2015–
2019. U.S. Department of Commerce.
NOAA Tech. Memo. NMFS–AFSC–424,
112 p.
Hayes, S.A., E. Josephson, K. Maze-Foley,
P.E. Rosel and J. Wallace. editors. 2022.
Frm 00058
Dated: August 30, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–19153 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BL46
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Amendment 50
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
fishery management plan amendment;
request for comments.
AGENCY:
The South Atlantic Fishery
Management Council (Council)
submitted Amendment 50 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
(FMP) for review, approval, and
implementation by NMFS. If approved
by the Secretary of Commerce,
Amendment 50 to the FMP would
establish a new rebuilding plan, revise
the acceptable biological catch (ABC),
annual optimum yield (OY), annual
catch limits (ACLs), sector allocations,
recreational accountability measures
(AMs), and additional management
measures for red porgy. The additional
management measures would address
commercial seasonal quotas,
commercial trip limits, recreational bag
and possession limits, and a recreational
fishing season for red porgy. The
purpose of Amendment 50 is to end
overfishing of red porgy, rebuild the
stock, and achieve OY while
minimizing, to the extent practicable,
adverse social and economic effects.
DATES: Written comments must be
received on or before November 8, 2022.
ADDRESSES: You may submit comments
on Amendment 10, identified by
‘‘NOAA–NMFS–2022–0054,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
SUMMARY:
References
PO 00000
U.S. Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments 2021. U.S.
Department of Commerce, NOAA
Technical Memorandum. 386 p.
Fmt 4702
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Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55348-55376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19153]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 220830-0176]
RIN 0648-BL30
List of Fisheries for 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comment.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
proposed List of Fisheries (LOF) for 2023, as required by the Marine
Mammal Protection Act (MMPA). The LOF for 2023 reflects new information
on interactions between commercial fisheries and marine mammals. NMFS
must classify each commercial fishery on the LOF into one of three
categories under the MMPA based upon the level of mortality and serious
injury of marine mammals that occurs incidental to each fishery. The
classification of a fishery on the LOF determines whether participants
in that fishery are subject to certain provisions of the MMPA, such as
registration, observer coverage, and take reduction plan (TRP)
requirements.
DATES: Comments must be received by October 11, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0041, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2022-0041 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Chief, Marine Mammal and Sea
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected
[[Page 55349]]
Resources, 301-427-8402; Danielle Palmer, Greater Atlantic Region, 978-
282-8468; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson,
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Elena Duke, Pacific Islands Region, 808-725-5134. Individuals
who use a telecommunications device for the hearing impaired may call
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m.
and 4 p.m. Eastern time, Monday through Friday, excluding Federal
holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) 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 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 ``occasional'' by evaluating
other factors such as fishing techniques, gear used, methods used to
deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or 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 List of Species and/or Stocks Incidentally Killed
or Injured in 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
mortality and serious injury (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
[[Page 55350]]
available scientific information used in the SARs and reviewed for the
2023 LOF generally summarizes data from 2015-2019. NMFS also reviews
other sources of new information, including injury determination
reports, bycatch estimation reports, observer data, logbook data,
stranding data, disentanglement network data, fishermen self-reports
(i.e., MMPA mortality/injury reports), and anecdotal reports from that
time period. In some cases, more recent information may be available
and used in the LOF.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
5-year timeframe summarized in that year's LOF. For fisheries with no
observer coverage and for observed fisheries with evidence indicating
that undocumented interactions may be occurring (e.g., fishery has low
observer coverage and stranding network data include evidence of
fisheries interactions that cannot be attributed to a specific fishery)
species and stocks may be retained for longer than 5 years. For these
fisheries, NMFS will review the other sources of information listed
above and use its discretion to decide when it is appropriate to remove
a species or stock.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each Pacific and
Alaska SAR includes an appendix with detailed descriptions of each
Category I and II fishery on the LOF, including the observer coverage
in those fisheries. For Atlantic fisheries, this information can be
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed
information on observer coverage in Category III fisheries because,
under the MMPA, Category III fisheries are not required to accommodate
observers aboard vessels due to the remote likelihood of mortality and
serious injury of marine mammals. Fishery information presented in the
SARs' appendices and other resources referenced during the tier
analysis may include: level of observer coverage; target species;
levels of fishing effort; spatial and temporal distribution of fishing
effort; characteristics of fishing gear and operations; management and
regulations; and interactions with marine mammals. Copies of the SARs
are available on the NMFS Office of Protected Resources website at:
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Information on observer
coverage levels in Category I, II, and III fisheries can be found in
the fishery fact sheets on the NMFS Office of Protected Resources'
website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on
observer programs in commercial fisheries can be found on the NMFS
National Observer Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.
How do I find out if a specific fishery is in Category I, II, or III?
The LOF includes three tables that list all U.S. commercial
fisheries by Category. Table 1 lists all of the commercial fisheries in
the Pacific Ocean (including Alaska); Table 2 lists all of the
commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean; and Table 3 lists all U.S. authorized commercial fisheries
on the high seas. A fourth table, Table 4, lists all commercial
fisheries managed under applicable TRPs or take reduction teams (TRT).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in
Table 3 of the LOF, along with the number of valid High Seas Fishing
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues
HSFCA permits only for high seas fisheries analyzed in accordance with
the National Environmental Policy Act (NEPA) and the Endangered Species
Act (ESA). The authorized high seas fisheries are broad in scope and
encompass multiple specific fisheries identified by gear type. For the
purposes of the LOF, the high seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to
provide more detail on composition of effort within these fisheries.
Many fisheries operate in both U.S. waters and on the high seas,
creating some overlap between the fisheries listed in Tables 1 and 2
and those in Table 3. In these cases, the high seas component of the
fishery is not considered a separate fishery, but an extension of a
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS
designates those fisheries in Tables 1, 2, and 3 with an asterisk (*)
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
[[Page 55351]]
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 marine mammals incidental to commercial
fishing operations. The take of threatened or endangered marine mammals
requires an additional authorization. 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.
Individuals fishing in Category I and II fisheries for which no
state or Federal license or permit is required must register with NMFS
by contacting their appropriate Regional Office (see ADDRESSES).
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip or, in the case of non-vessel
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a
wound or other physical harm. In addition, any animal that ingests
fishing gear or any animal that is released with fishing gear
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported.
Mortality/injury reporting forms and instructions for submitting
forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR
FURTHER INFORMATION 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: Danielle Palmer;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Jessica Powell;
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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:
Elena Duke.
Sources of Information Reviewed for the 2023 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 2023 was based on, among other things, stranding data;
fishermen self-reports; and SARs, primarily the final 2021 SARs, which
are based on data from 2015-2019. The SARs referenced in this LOF
include: 2020 (86 FR 38991; July 23, 2021) and 2021 (87 FR 47385;
August 3, 2022). The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.
Summary of Changes to the LOF for 2023
The following summarizes changes to the LOF for 2023, including the
classification of fisheries, fisheries listed, the estimated number of
vessels/persons in a particular fishery, and the species and/or stocks
that are incidentally killed or injured in a particular fishery. NMFS
re-classifies one fishery in the LOF for 2023. NMFS also makes changes
to the estimated number of vessels/persons and list of species and/or
stocks killed or injured in certain fisheries. Many Category III
fisheries on the LOF have never been described in the LOF. While
detailed information describing each fishery on the LOF has been
included within the SARs for some fisheries, a FMP, TRP, or by state
agencies, general descriptive information is also included here to
clearly define each fishery that is on the LOF. Since the 2016 LOF (80
FR 58427; September 29, 2015), NMFS has been developing Category III
fishery fact sheets that are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. NMFS is requesting public comment on the
fisheries descriptions below to include within the fact sheets. The
classifications and definitions of U.S. commercial fisheries for 2023
are identical to those provided in the LOF for 2022 with the changes
discussed below. State and regional abbreviations used in the following
paragraphs include: AK (Alaska), BBES (Barataria Bay Estuarine System),
BSAI (Bering Sea, Aleutian Island), CA (California), FL (Florida), Gulf
of Alaska (GOA), HI (Hawaii), OR (Oregon), and WA (Washington).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the Category III Hawaii offshore pen
culture fishery to Category II fishery based on a documented monk seal
mortality in 2017. A monk seal was found dead in a retired fish pen,
which was scheduled for removal from the fishery operation. This
mortality resulted in a mean annual estimated mortality and serious
injury (M/SI) of 0.2 (4.2 percent of the stock's PBR) for the Hawaii
offshore pen culture fishery (Carretta et al., 2021). Therefore,
because the estimated M/SI is between 1 and 50 percent of PBR (Tier 2
analysis), NMFS proposes to reclassify the Hawaii offshore pen culture
fishery from a Category III to a Category II fishery.
Fishery Name and Organizational Changes and Clarification
NMFS proposes to rename the Category III CA set gillnet (mesh size
<3.5 in) fishery to the CA herring set gillnet fishery to indicate
herring is the only target species of this fishery.
The fishery targets Pacific herring specifically, operating in and
around San Francisco Bay, Crescent City Harbor, Humboldt Bay, and
Tomales Bay. California Department of Fish and Wildlife (CDFW) manages
this winter fishery running from January 2 until March 15, depending on
stock abundance. The traditional product from this fishery, kazunoko,
is the roe sac (eggs) removed from the females, which is processed and
exported for sale in Japan. There are also local markets for whole
herring.
The gear configurations differ in each area where Pacific herring
are targeted by gillnets. In San Francisco Bay and Tomales Bay,
fishermen use up to two gillnets that are not more than 65 fathoms (390
ft or 118.9 m) long measured at the cork line (float line). The depth
of the nets are a maximum of 120 meshes, with mesh size ranging from 2
to 2.5 inches (5.1 to 6.4 cm) maximum. In Crescent City Harbor and
Humboldt Bay, fishermen may fish in combination with no more than 150
fathoms (900 ft or 274.3 m) of gillnet. The net depth is also a maximum
of 120 meshes deep; however, the mesh size is a minimum of 2.25 inches
(5.7 cm) to a maximum of 2.5 inches (6.4 cm). The nets are anchored by
35-pound (15.9 kg) weights on each end and suspended in the water
column by attaching buoys on each end. Each buoy is marked with the
vessel number.
This is a limited entry fishery, with separate permit caps for each
of the four management areas in California. Until recently, San
Francisco Bay was managed based on a platoon structure, which separated
the fishery into Even and Odd fishing groups based on the permit
numbers. Platoons rotated fishing weeks with the first platoon
designated by whether the season year is odd or even. New regulations
implementing the California Pacific Herring Fishery Management Plan
during the 2020-2021 season eliminated the platoon structure. Now, a
quota system dictates the maximum catch available to the commercial
fishery each season.
NMFS proposes to rename the Category III CA pelagic longline
fishery to the West Coast pelagic longline fishery. This fishery is
federally-managed, operates outside the U.S. exclusive economic zone
(EEZ) and is not associated with the State of California.
This fishery targets bigeye, yellowfin, and skipjack tuna along
with opah and other highly migratory species (HMS) in the Eastern
Pacific Ocean (EPO) outside of the U.S. EEZ, which extends 3-200 nm
(5.6-370.4 km) off the coast. The fishery generally extends south to 20
degrees North latitude, and west to 140
[[Page 55353]]
degrees West longitude. Bigeye tuna is normally targeted at depths from
anywhere between 250-400 meters (820.2-1312.3 ft) during the daytime.
The gear consists of a 45-60 nm (83.3-111.1 km) long monofilament
main line approximately 3.2-3.5 mm (0.1 inch) thick that is set,
retrieved, and stored on large hydraulic reels. The main line is
suspended at the target fishing depth by orange inflatable floats
attached via float lines made of monofilament or braided line. Part of
the array used to suspend the main line includes 7 to 9 radio buoys,
used to show the location and footprint of the gear on the radar of the
fishing vessel. Attached to the main line are 2,000-3,500 monofilament
branch lines (usually 15-30 between each float), each 8-15 m (26.2-49.2
ft) in length. These lines culminate in a swivel weight from which a
leader line of 0.5-1 m (1.6-3.3 ft) extends to a size 16/0-18/0 baited
offset circle hook. The bait used in this fishery consists of either
frozen mackerel, saury, sardine, squid, or a combination of all four
bait types.
The fishery is managed under the HMS Fishery Management Plant (FMP)
by the Pacific Fishery Management Council (PFMC). All U.S West Coast
vessels targeting tropical tunas require a Federal HMS permit with a
deep-set longline (DSLL) endorsement, and registration with the Inter-
American Tropical Tuna Commission (IATTC). Use of either shallow-set or
deep-set pelagic longline gear within the U.S. EEZ of the U.S. West
Coast is prohibited. The HMS FMP does not permit shallow-set longline
(SSLL) fishing, although SSLL vessels fishing under a Hawaii longline
permit (under the Pelagics FMP) do make landings into California. Use
of a vessel monitoring system (VMS), attendance at protected species
workshops, and the possession/use of sea turtle and seabird mitigation
gear and safe handling techniques are required. The use of light sticks
or any other light emitting devices is prohibited.
The IATTC specifies trip limits (for certain vessel classes/sizes)
and yearly catch limits each year for all tuna species in the
Convention Area. The West Coast DSLL vessels participating in this
fishery are not subject to trip limits due to all of the vessels being
under 24 m (78.7 ft) in length; however, these vessels cannot exceed
the yearly catch limits set for bigeye tuna and other tuna species.
Federal logbooks are required for all fisheries targeting HMS.
Observers are mandatory for at least 20 percent of the total trips for
the calendar year.
Fishery Descriptions
CA Coonstripe Shrimp Pot Fishery
The Category II CA coonstripe shrimp pot fishery primarily occurs
along a relatively narrow depth range, between 20 and 30 fathoms (120-
180 ft or 36.6-54.9 m) in northern California and southern Oregon. In
California, most of the fishing activity for coonstripe shrimp has
taken place within a few miles off Crescent City Harbor with additional
effort emerging within the Gulf of the Farallones, although the range
of the fishery along the California coast has been expanding recently.
The fishery is prohibited from November 1 through April 30. The fishery
is relatively new, beginning in 1995.
Fishermen commonly use 300 to 400 traps during the fishing season.
The traps are set in strings composed of between 10-30 traps per
string, connected to a long line weighted at both ends and marked with
a polyball or flagpole. Fishermen tend to leave the strings of traps in
the water for several days before tending. Some fishers position their
traps at a specific depth, about 25 fathoms (150 ft or 45.7 m), while
others vary the depth and prospect as shallow as 12 fathoms (72 ft or
21.9 m). Each trap weighs less than 10 pounds (4.5 kilograms) and is
constructed of 1\3/8\-inch (3.5 cm) mesh wire over a stainless steel
frame. The traps are typically 39 inches (1.0 m) in diameter, 16 inches
(40.6 cm) tall, and have two entry funnels that are 3 inches (7.6 cm)
in diameter.
Every buoy marking a commercial trap, or the end of a string of
traps, is marked with a commercial fishing license identification
number followed by the letter ``C'', which is specific to this fishery.
This is an open access fishery managed by the State of California
that varies in fleet size and composition every year. To participate in
the commercial fishery, a fisherman must be a registered commercial
fisherman, have a commercial vessel registration, and a general trap
permit. In addition, fishermen must comply with all California
regulations for all pot/trap fisheries regarding size of traps,
destructive devices, marking the gear, and trap servicing.
WA Grays Harbor Salmon Drift Gillnet (Excluding Treaty Tribal Fishing)
Fishery
The Category III WA Grays Harbor salmon drift gillnet (excluding
treaty Tribal fishing) fishery mainly targets salmon (Chinook, coho,
and chum) and shad. Grays Harbor, situated just north of Willapa Bay in
the southwest corner of Washington, is divided into four distinct
management areas shown in the following map: https://wdfw.wa.gov/sites/default/files/2019-02/2012_gh_map.pdf.
It is a fall fishery, open from October 1 to November 30 each year,
with time limits set for each area and adjusted for each season
depending on fish stock abundance. The time limits include certain days
open for fishing each month, with constraints on the specific hours
when fishing is allowed on these days.
The net is constructed of synthetic multifilament mesh, which may
not exceed 1,500 feet (457.2 m) in length. Nets are attached at one end
of the vessel, drifting with the vessel. The mesh size does not exceed
6.5 inches (16.5 cm) in areas 2A, 2B and 2D. In area 2C, the maximum
mesh size is 9.0 inches (22.9 cm). The drift times vary depending on
the fishing area, tidal condition, and target catch, but are ultimately
limited to no more than 45 minutes.
This is a limited entry fishery managed by the Washington
Department of Fish and Wildlife (WDFW). However, the PFMC and NMFS co-
manage the fishery with WDFW for implementing management actions such
as season length, bag limits, and quotas.
WA/OR Mainstem Columbia River Eulachon Gillnet Fishery
The Category III WA/OR Mainstem Columbia River eulachon gillnet
fishery targets eulachon (candlefish), which is a member of the typical
smelts, in the lower Columbia River downstream from Bonneville Dam.
Effort takes place during winter and spring, from December 1 to March
31, to supply both the bait demand for sport sturgeon anglers and the
fresh food market. The Columbia River fishery typically drops off
dramatically after the eulachon enters the Cowlitz River and other
lower Columbia tributaries, as markets fill with fish landed from
tributary commercial fisheries. In the past, fishing used to be allowed
7 days a week, but has been restricted to fewer days a week for fishery
management.
The fishery is primarily conducted using 2 inch (5.1 cm) stretched
bobber gill nets, required under Washington and Oregon rules, which are
set during the turn of the tide and during the flood tide when the fish
are present at intermediate depths. The nets are suspended below the
surface by dropper lines. Usually two or more gillnets are used, each
net being fished by repeatedly drifting through the fishing area until
the net is full.
[[Page 55354]]
Oregon and Washington jointly manage Columbia River fish and
fisheries in the transboundary mainstem reaches of the lower basin.
Oregon and Washington manage the fishery under the Congressionally-
approved Columbia River Compact. The Compact States can open a
commercial fishery only with the mutual consent and approbation of both
states. The Compact does not restrict the right of either state to
adopt regulations that are more conservative than that of the other,
though such regulations can be enforced only in the adopting state's
waters.
Washington commercial fishermen are required to have a Columbia
River smelt license when targeting eulachon for either human
consumption or bait-fishing. Oregon does not require a separate smelt
license; however, fishermen must possess a commercial fishing license
and a commercial fishing boat license. If eulachon are targeted only
for bait sales, fishers may purchase a bait-fishing license only
instead of a commercial fishing license and a commercial fishing boat
license.
WA/OR Lower Columbia River (Includes Tributaries) Drift Gillnet Fishery
The Category III WA/OR lower Columbia River (includes tributaries)
drift gillnet fishery targets coho (fin-clipped only), pink, and
Chinook salmon from the mouth of the Columbia River upstream to Kelley
Point, Oregon. The area of the lower Columbia river where effort occurs
is divided into four zones, which includes approximately 140 river
miles (225.3 km) available to commercial salmon drift gillnet fishing.
A clear depiction of each of the zones can be found at: https://www.dfw.state.or.us/fish/OSCRP/CRM/docs/2013/Columbia%20River%20Commercial%20Zone%201-6%20Map.pdf.
Gear includes multifilament drift gillnets with a maximum length of
150 fathoms (900 ft or 274.3 m), and a maximum mesh size of 3\3/4\
inches (9.5 cm). No slacker or stringer lines may be used to slacken
the net vertically, but the gillnet hang ratio is not restricted. The
nets may include an optional steelhead excluder device that must adhere
to particular specifications if used, including placement of two red
corks at each end of the net using one. The soak times are limited to
30 minutes.
This is a limited entry fishery, but permits are transferable if
certain requirements are met. Standard regulations include: maximum
allowable net length, use of recovery boxes, limited soak times, use of
red floats at 25 fathom (150 ft or 45.7 m) intervals, lighted buoys (if
fishing occurs at night), and tangle net certification that indicates
at least one person on board is able to handle an undersized fish in
such a way that it can successfully be released alive. State management
observers must be taken upon request.
The fishery is managed in conjunction with other State salmon
fisheries, and co-managed with Federal salmon fisheries by the PFMC and
NMFS. Catch reporting is required within 24 hours. Targeting white
sturgeon and shad is prohibited.
WA Willapa Bay Drift Gillnet Fishery
The Category III WA Willapa Bay drift gillnet fishery targets coho,
chum, and Chinook salmon during the fall within Willapa Bay, situated
just south of Grays Harbor in the southwest corner of Washington. A
detailed depiction of the commercial fishing areas in Washington can be
found here: https://wdfw.wa.gov/sites/default/files/2019-02/2013_wb_map.pdf.
Drift gillnets are the only gear allowed in the fishery. These nets
must adhere to specific mesh size and length requirements. The net
length can be up to 1,500 feet (457.2 m), and the mesh size ranges from
a stretched length of 4\1/4\ inches to 6\1/2\ inches (10.8-16.5 cm).
Mesh size requirements may vary within the various areas, on specific
days and at certain times, depending on salmon stock status and size
limits. Soak times are limited to 45 minutes.
This is a limited entry fishery managed primarily by the WDFW, in
concert with salmon fisheries management by the PFMC and NMFS. The
retention of any species other than the intended target species is
prohibited, and any encounters with white sturgeon, green sturgeon, and
steelhead, has to be reported. The use of recovery boxes to improve
survival of fish bycatch is mandatory, with the number and type used
depending on the area fished. A vessel operator cannot fish unless they
have attended a best fishing practices workshop and have a department
issued certification card in their possession at all times while
conducting fishing operations. State observers must be taken if
requested to do so. Each vessel is allowed to have more than one net on
board.
WA/OR Sardine Purse Seine Fishery
The Category III WA/OR sardine purse seine fishery targets Pacific
sardines, a coastal pelagic species (CPS), in the water column above
the continental shelf off the coast of Oregon and Washington. Federal
harvest guidelines for directed fisheries may be allocated across
different seasonal periods throughout the year, although effort is
generally constrained to time periods of favorable weather during the
late spring and summer.
Purse seine gear is the main gear used to harvest CPS. A purse
seine is a large wall of netting deployed around an entire school of
fish. It consists of floats adhered to the ``float line'' of the seine
with a lead line threaded through rings at the bottom. When a school of
target species is located, a skiff will encircle the school with one
end of the seine attached to the skiff while the other end is attached
to the fishing vessel itself, and circle back to the fishing vessel.
Once the skiff reaches the vessel, the lead line at the bottom of the
seine is pulled in, ``pursing'' the net closed on the bottom, thus
preventing the fish from escaping when swimming downward.
In Oregon, vessels using purse seine gear to take any CPS except
market squid must place a grate over the intake of the hold of the
vessel to sort out larger species of fish. None of the openings between
the bars in the grate may exceed 2\3/8\ inches (6.0 cm).
CPS fisheries, including Pacific sardine, are jointly managed by
the PFMC and the states of Oregon and Washington. This is an open
access fishery, although State permits are required. Pacific sardines
(and Pacific mackerel) are actively managed stocks under the Federal
CPS FMP with catch limits based on regular stock assessments. For
sardine, PFMC establishes harvest guidelines that are allocated by
seasonal periods, with releases on July 1st, September 15th and January
1st. If the period allocation is not attained, it and any remaining
incidental fishery set aside is rolled to the next period. However, it
cannot be rolled into the next fishing year.
The primary directed Pacific sardine fishery has been closed since
2015 because the estimated biomass has been below the harvest cutoff
value of 150,000 metric tons. Incidental allowances for sardine are
still allowed, along with live bait fishing. Starting in 2018, the CPS
FMP has also allowed for ``minor'' directed fishing for sardines and
other CPS when the primary directed fishery has closed. The allowance
for minor directed fishing is that no vessel or person may land more
than one metric ton per day, and vessels may not make more than one
trip per day. Directed purse fishing for Pacific mackerel in Washington
requires a State permit that cannot be transferred or stacked (i.e.,
having more than one permit associated with a single vessel).
[[Page 55355]]
CA Tuna Purse Seine Fishery
The Category III CA tuna purse seine fishery targets yellowfin,
Pacific bluefin, skipjack, and Pacific bonito mostly caught within
Federal waters when the stocks occur in U.S. waters off California.
Purse seines are used, which are large walls of netting deployed
around an entire school of fish. Purse seines consist of floats adhered
to the ``float line'' of the seine with a lead line threaded through
rings at the bottom. When a school of tuna is located, a skiff will
encircle the school with one end of the purse seine attached to the
skiff, while the other end is attached to the purse seine vessel. Once
the skiff circles around and reaches the purse seine vessel, the lead
line at the bottom of the seine is pulled in, ``pursing'' the net
closed on the bottom and preventing the tuna from escaping when
swimming downward.
Purse seines in this fishery can be more than 6,500 ft (1981.2 m)
in length. The minimum length depends on the length of the purse seine
vessel. The maximum depth where fish are targeted is about 300 m (984.3
ft). The mesh size used depends on the species targeted; it is
important that the mesh size is not too large, in order to prevent
gilling the fish, but is big enough to enable undersized fish to
escape. The mesh size for this specific fishery ranges from 2-2\3/4\
inches (5.1-7.0 cm).
All fisheries targeting highly migratory species (HMS), including
tuna, require a Federal HMS permit, and additional state permits may
apply. This is an open access fishery. The IATTC specifies trip limits
and catch limits each year for most target species. Trip limits are
based on the cumulative catches for each quarter, and are adjusted
accordingly. There is also a requirement to submit, within 24 hours of
landing, electronic landings receipts for Pacific bluefin tuna landings
in California ports. The IATTC groups purse seine vessels into 2 fleet
types, large seiners (Classes 4-6) and small seiners (Classes 1-3). The
large seiners are held to more restrictive measures than the small
seiners regarding area closures, closure dates, and catch limits. The
smaller coastal purse seine vessels that plan to target HMS must
register with the IATTC purse seine vessel registry. Logbooks are
required, and all logbook and observer data is collected by the IATTC
and NMFS. The State of California also requires that no Pacific bluefin
tuna weighing less than 7.5 pounds (3.4 kg) may be sold, purchased, or
processed.
WA/OR Lower Columbia River Salmon Seine Fishery
The Category III WA/OR Lower Columbia River salmon seine fishery is
located in the lower mainstem of the Columbia River in both Oregon and
Washington. This includes the stretch of the Columbia River between the
Bonneville Dam and the river mouth to the Pacific Ocean. The fishery
targets coho and adipose fin-clipped Chinook salmon. The season is from
mid-August to late September.
These seine nets are made of 3-strand nylon with a stretched mesh
size no larger than 3\1/2\ inches (8.9 cm). The seines cannot be longer
than 200 fathoms (1,200 ft or 365.8 m) or have a depth greater than 200
meshes. The seine can include a chafing strip panel at the bottom of
the net with a maximum panel depth of 5 feet (1.5 m). The chafing mesh
cannot be greater than 3.5 inches (8.9 cm) for beach seines, and 5
inches (12.7 cm) stretched for purse seines. Red corks are required at
25 fathom (150 ft or 45.7 m) intervals and must contrast with other
corks used on the net.
WDFW and Oregon Department of Fish and Wildlife (ODFW) jointly
manage the limited-entry fishery and authorize participants. An
Emerging Fishery license and Experimental Fishery Permit from
Washington and an Experimental Gear Permit from Oregon are needed to
participate. The managers divide the Columbia River into management
zones. This fishery historically has taken place in Zones 1-5.
Different quota limits are set for adipose fin-clipped Chinook and coho
for beach seines and purse seines. Any wild Chinook or steelhead are
required to be released. An observer is required by the States if
requested.
WA Salmon Reef Net Fishery
The Category III WA salmon reef net fishery targets sockeye,
Chinook, pink, coho, and chum salmon within Puget Sound. Currently reef
nets are only allowed in an area around the San Juan Islands. The
fishery usually starts around mid-September and extends into early
November.
Reef nets are suspended between two anchored boats upstream from
the river mouth that the salmon use to pass through on their way to
freshwater spawning grounds. The bottom ropes are much lower than the
bunt to create an incline, which gradually raises up to catch the
salmon when passing over the net. The lead lines of the reef net are
floating at all times in order to keep the net suspended at its
required target depth. Reef nets are set so that the dominant daytime
tide, ``flood'' tide, pushes the salmon to follow the lead lines over
webbing and into the bunt of the net. Streamers are woven into the side
and bottom ropes in order to potentially trick salmon by giving the
illusion of an eelgrass bed. The net is pulled to the surface by a
system of battery powered winches, all salmon trapped in the bunt are
maneuvered into a live well of the outside vessel. The vessels and gear
are anchored in one place for the duration of the summer or fall
fishing seasons and set year after year in the same locations. The nets
cannot be anchored to pilings. The reef nets are a maximum of 300
meshes on either side, have only two leads, and the mesh size is equal
to or greater than 3.5 inches (8.9 cm). The leads are a maximum of 200
feet (61.0 m) in length from the anchor boat bows to the nearest end of
the head buoys.
The fishery requires a limited entry permit that is transferable.
WDFW, Puget Sound Treaty Tribes, and NMFS jointly manage salmon
harvest, generally through season openings, mesh size limits, and
limits regarding the amount of time and effort is allowed each day or
night within the various areas. A portion of the fishery is managed by
the Fraser River Panel, which is composed of representatives from the
U.S. and Canada.
Fishermen cannot keep any unmarked (clipped adipose fin and a
healed scar at the site of the clipped fin) Chinook during the season
or any chum caught before October 1st. Fishermen must attend a fish
friendly workshop to fish in certain areas. Fishermen must submit
logbooks to WDFW for any retained Chinook salmon. Every fisherman is
required to report lost netting to WDFW. Emergency regulation and in-
season changes can occur based on stock allocations and conservation
objectives.
CA Squid Dip Net Fishery
The Category III CA squid dip net fishery targets market squid in
nearshore waters, typically over sandy bottom habitat. Generally, the
fishery north of Point Conception, mainly around Monterey Bay, operates
from April through September. The fishery south of Point Conception is
most active from October through March. The fishery is closed during
the weekends (from Friday noon until Sunday noon) to allow for
uninterrupted spawning. The majority of the fishing effort takes place
at night relatively close to shore. Landings decrease during warm water
trends of El Ni[ntilde]o years, as squid are affected by warm waters
associated with these ecosystem conditions. Strong El Ni[ntilde]o
periods can lead to substantial
[[Page 55356]]
reductions in primary production. Catches usually increase during
cooler La Ni[ntilde]a phases and periods of increased upwelling.
Brail gear such as dip nets and scoop nets are used to harvest
market squid in this fishery. Both of these are similar types of hand
nets, which consists of a net or mesh basket, made from either wire,
nylon mesh or cloth mesh, held open by a hoop. This hoop may or may not
be connected to a handle that can differ in length. Generally speaking,
hand nets with the hoop attached to a long handle are called dip nets
and hand nets with no handle are called a scoop net. Lights of up to
30,000 watts may be used to attract squid.
Market squid is included under the PFMC CPS FMP, which specifies a
management framework for all CPS. However, since 2005, this fishery is
principally managed by the State of California under the Market Squid
Fishery Management Plan (MSFMP). The squid brail fishery is a
restricted access fishery, consisting of transferable and non-
transferable market brail permits that must be renewed annually. There
is also a market squid vessel permit that authorizes the use of round
haul gear, including purse seine, drum seine, and lampara nets, along
with use of brail gear. To use light to aggregate squid for commercial
harvest, either a market squid brail permit, market squid vessel
permit, or a market squid light boat permit is required. No permit is
required for the transfer of squid at sea for live bait in an amount
less than 200 pounds (90.7 kg) in a calendar day.
WA/OR/CA Albacore Surface Hook and Line/Troll Fishery
The Category III WA/OR/CA albacore surface hook and line/troll
fishery targets North Pacific albacore tuna with troll or poll and line
gear. This fishery is active throughout the continental west coast of
the U.S. Prior to 2000, fishing for albacore was common off California.
However, the stock has moved north, making Oregon and Washington the
current focus for albacore tuna trolling on the West Coast. Fishing
generally occurs 30-100 nautical miles (55.6-185.2 km) offshore. While
fishing for albacore tuna is allowed year round, most effort occurs
from late summer to early fall when fish are present in the area due to
warm currents in the region. Surface albacore tuna fishing focuses on
juvenile tuna that are found at or near the surface.
Two types of hook and line gear configurations are generally used
along the West Coast for albacore tuna fishing. Troll includes one or
more lines with lures or baited hooks attached that are drawn
(``trolled'') through the water column. Pole-and-Line use rigid rods or
poles with lines and baited hooks.
The majority of fishermen that troll for surface albacore tuna tow
10-20 lines. The lines are pulled through the surface waters at speeds
of 4-8 knots (7.4-14.8 km/hr) to attract the albacore. Trollers that
fish inshore use smaller boats (30-50 ft or 9.1-15.2 m in length) and
spend 1 to 3 weeks at sea. Offshore fishermen use larger boats (50-90
ft or 15.2-27.4 in length) and spend 1 to 2 months at sea.
Both gears are open access and require a Federal HMS permit in
addition to a state commercial fishing permit. The fishery is managed
under the HMS FMP by the PFMC. HMS permits are issued to a specific
vessel, are non-transferable, and are valid for two years. Federal
logbooks are required.
The albacore fishery is also managed by two international
organizations, the IATTC and the Western and Central Pacific Fisheries
Commission. Additionally, the U.S.-Canada Albacore Treaty bilateral
agreement allows for U.S. vessels to fish for albacore tuna in Canadian
waters seaward of 12 nautical miles (22.2 km) from shore, and allows
Canadian vessels to fish for albacore tuna in U.S. waters seaward of 12
nautical miles (22.2 km) from shore. The treaty also allows Canadian
vessels to use certain U.S. ports to obtain supplies and services and
to land fish. Similarly, it allows U.S. vessels to use certain Canadian
ports for the same purposes. In addition, the treaty calls for the
exchange of fisheries data between the two governments. U.S. vessels
wishing to fish in Canadian waters pursuant to the treaty must register
with NMFS seven days prior to the first planned fishing day in Canada.
CA/OR/WA Salmon Troll Fishery
The Category III CA/OR/WA salmon troll fishery primarily targets
Chinook and coho salmon in Oregon and Washington. Retention of coho
salmon is prohibited in California, leaving Chinook as the primary
target for the California fishery. Pacific halibut may also be caught
and landed incidentally in all three states under an incidental take
permit. Effort occurs across all three U.S. West Coast States,
primarily during the summer and fall, with limited effort occurring
during the spring in certain areas during certain years. In California,
the majority of effort takes place in the central and northern coast,
but can extend all the way into the Southern California Bight.
Generally, most of the salmon trolling effort occurs within 15-20
nautical miles (27.8-37.0 km) from shore including both State and
Federal waters.
Trollers fish for salmon by towing lures or baited hooks through
the water. Fishing lines are rigged to outriggers that prevent the
lines from being entangled or caught in the vessel prop. Up to six
stainless steel lines are fished from each outrigger, each of these
lines containing up to four baited hooks or lures weighted to depth by
10-50 pound (4.5-22.7 kg) weights. The barbless lures can be fished
from just under the surface, down to 80 fathoms (480 ft or 146.3 m),
trolled at speeds of 1-4 knots (1.9-7.4 km/hr). Natural bait used
includes anchovy or herring. Fishing depth, troll speed, type of lure,
and area fished all help to determine the number and species of salmon
caught. For example, Chinook salmon are generally caught deeper than
coho salmon.
Ocean salmon fisheries conducted off of California, Oregon, and
Washington are managed under the Federal Pacific Coast Salmon FMP along
with individual state regulations. The Salmon FMP provides a framework
for managing ocean salmon fisheries in a sustainable manner as required
under the Magnuson-Stevens Fishery Conservation and Management Act
through the use of conservation objectives, annual catch limits, and
other status determination criteria described in the FMP. Fishermen in
all three U.S. West Coast states are issued limited entry permits. It
is important to note that quota and size limits change every season, as
do the timing and duration of seasons, depending on stock assessments
and other management considerations.
WA/OR/CA Groundfish, Bottomfish Longline/Set Line Fishery
The Category III WA/OR/CA groundfish, bottomfish longline/set line
fishery primarily targets sablefish using bottom longline gear,
especially during the main season from April through October, however,
rockfish are also targeted. There are over 60 different species of
rockfish that may be taken, although a handful of species make up the
majority of the catch. This includes thornyheads, rougheye, and
blackgill rockfish. Other species commonly landed include lingcod,
grenadier, and skates. The fishery takes place all along the U.S. West
Coast at depths that range from 11-722 fathoms (66-4,332 ft or 20.1-1,
20.4 m).
The gear consists of a mainline made of multifilament line/rope or
monofilament line that is typically spooled on a hydraulic drum and set
from the stern of a vessel. The main line extends for up to two
nautical miles
[[Page 55357]]
horizontally along the seafloor. It can be fitted with up to 2,000
small gangions tied at intervals along the mainline terminating in a
baited hook. The longline is marked on the ocean surface with a float
and flagpole at each end that is anchored to the sea floor. Any gear
that is not attached to the vessel must be attached to buoys floating
on the surface and marked on the upper half with the commercial fishing
license identification number at least 2 inches (5.1 cm) in height.
Three options exist under which sablefish or other groundfish such
as rockfish may be the target species or incidentally taken. These
include: a limited entry permit with fixed gear endorsement and a
sablefish quota; a limited entry permit with fixed gear endorsement
without a sablefish quota that includes trip limits for different
species; and an open access fishery that includes trip limits for
different species. Recent regulations in the Groundfish Catch Share
sector permit trawl fishermen with Individual Fishery Quotas to harvest
sablefish or other groundfish by using other gear types (aka gear
switching) that include bottom longlines. There are applicable Federal
and state regulations that describe where fishing can take place,
including various area and time closures (e.g., Rockfish Conservation
Areas).
CA Halibut Bottom Trawl Fishery
The Category III CA halibut bottom trawl fishery generally targets
California halibut in Federal waters predominantly off central
California from Point Reyes southward to Point Sal, and throughout the
Southern California Bight. Very little effort occurs in northern
California. While this is primarily a daytime fishery, some activity
occurs at night.
The majority of effort in southern California occurs within the
California Halibut Trawl Grounds (CHTG), which is limited to State of
California waters from 1-3 nm (1.9-5.6 km) along the mainland shore
between Port Arguello and Point Mugu. There are four sub-areas within
the CHTG that are permanently closed, resulting in roughly 87 percent
of the CHTG available for fishing during the allowable trawl season
from June 16 to March 14, though not all of that 87 percent is fishable
due to bottom debris and obstructions left from oil extraction or rocky
reefs. Trawling for California halibut can be conducted year round in
Federal waters, but is prohibited in State of California waters outside
the CHTG.
Vessels use otter trawl gear consisting of two doors, with one door
deployed on each side of the net to spread the mouth of the net open.
The mouth of the net is held open vertically with floats attached to
the head rope (top of the net) and weights on the footrope (bottom of
the net). The majority of trawlers in southern California use a
``dropped-loop'' style chain that consists of chain link loops that
hang from the footrope to provide weight, while decreasing the surface
area that comes in contact with the bottom.
Only light touch trawl gear adhering to the following gear
specifications may be used to catch California halibut in the CHTG. The
gear must consist of trawl doors weighing no more than 500 pounds
(226.8 kg). The headrope can only be up to 90 feet (27.4 m) in length
and may consist of chain, rope, or wire. The footrope may consist of
rope or wire. Any chain attached to the footrope shall not exceed \1/4\
inch (0.6 cm). There are no rollers or bobbins on the footrope. The
webbing material itself is up to 7 mm (0.3 inches) in diameter, and the
mesh size for the codend is a minimum of 7.5 inches (19.1 cm). When
trawling in Federal waters, the codend net mesh size is a minimum of
4.5 inches (11.4 cm).
This is a state managed fishery requiring a limited entry non-
transferable California halibut bottom trawl vessel permit and a
commercial fishing license. The minimum size limit is 22 inches (55.9
cm) total length for landed California halibut. Logbook reporting is
mandatory.
When targeting California halibut in Federal waters, trawlers are
subject to Federal groundfish regulations such as conservation area
restrictions and requirements, daily and monthly incidental trip limits
for groundfish species, Federal at-sea observer coverage, and a vessel
monitoring system requirements to monitor compliance with closed areas.
There is no limit on the amount of catch that can be landed under a
California halibut permit; however, individuals who possess a Federal
groundfish trawl permit, but not a halibut trawl permit, can only land
up to a 150 pounds (68.0 kg) of California halibut incidentally.
CA Sea Cucumber Trawl Fishery
The Category III CA sea cucumber trawl fishery predominantly
targets the California sea cucumber/giant red sea cucumber, although
warty sea cucumber is also harvested on rare occasions. Trawling for
any sea cucumber is only allowed in Southern California, from Point
Conception to San Diego. The trawl fishery operates primarily in waters
between depths of 30-70 fathoms (180-420 ft or 54.9-128.0 m), with an
average depth of 45 fathoms (270 ft or 82.3 m).
Trawling for California sea cucumber is open year round in Federal
waters. Any trawling for warty sea cucumber is closed for fishing in
Federal waters from March 1 until June 14. Sea cucumber trawling is
closed in the CHTG, which comprise California State waters not less
than one nm from shore between Point Arguello and Point Mugu, from
March 1 until June 15. Additional information regarding Federal area
closures can be found at: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/west-coast-groundfish-closed-areas.
In California, trawl nets consist of either single-walled or
double-walled cod ends deployed via a single or double rigged trawl
vessel with mesh sizes ranging from 1.75-2.25 inches (4.5-5.7 cm). In
Federal waters, trawl nets used to take California sea cucumber must
follow a minimum allowable mesh size of 4.5 inches (11.4 cm). In the
CHTG, use of ``light touch'' trawl gear is required.
The California sea cucumber fishery is a limited entry fishery
managed by the State of California with transferable permits. There are
currently no catch limits, or other size/sex-based restrictions.
Historically, it was viewed as an incidental species taken in the
California halibut and ridgeback prawn trawl fisheries. When separate
sea cucumber dive and trawl permits were established in 1997, a
provision was created that allowed individuals purchasing a sea
cucumber trawl permit to either keep the permit as a trawl permit or
convert the permit into a dive permit. The conversion of a sea cucumber
dive permit to a trawl permit is not permissible. The permit is tied to
the operator, and there is a requirement to submit a daily trawl log.
WA/OR/CA Shrimp Trawl Fishery
The Category III WA/OR/CA shrimp trawl fishery in all three U.S.
West Coast states generally occurs in Federal waters (3-200 nm or 5.6-
370.4 km); however, there is a small amount of effort in Oregon state
waters. The main target in the coastal fishery is pink shrimp, although
other shrimp species such as ridgeback and golden prawns are landed as
well. Pink shrimp are generally caught at depths of between 40-150
fathoms (240-900 feet or 73.2-274.3 m) on sandy and muddy bottoms
during daylight hours due to their vertical migration to the ocean
floor during the day. The fishery is closed in all three states from
November 1 through March 31. The main target in the coastal fishery in
southern California south of
[[Page 55358]]
Point Conception is ridgeback prawn, and this species is caught at
depths between 10-110 fathoms (60-660 ft or 18.3-201.2 m) on sandy and
muddy bottoms. The fishery for ridgeback and golden prawns in southern
California is closed from June 1 through September 31.
Fishing effort also occurs in Puget Sound, Washington. The Puget
Sound shrimp trawl focuses on northern pink shrimp in the Strait of
Juan de Fuca. The main target species in the San Juan Islands are
coonstripe shrimp, northern pink shrimp, and sidestripe shrimp,
although humpback shrimp can compose a large portion of the catch in
some years. The season generally takes place from May 1 through
September 30 in the Strait of Juan de Fuca and from May 16 to October
15 in the San Juan Islands. Trawling cannot occur in waters shallower
than 100 feet (30.5 m) in Puget Sound.
In California, Oregon, and Washington, benthic trawl gear is used.
In Northern California, Oregon, and Washington, double rigged (i.e.,
having two otter trawl nets) vessels with semi-pelagic fine-meshed
shrimp nets are used the majority of the time. In southern California,
single rigged (one net) vessels are most common. The net contains a
footrope (roller/ladder style) on average 25 feet (7.6 m) in length,
configured in such a way that it is elevated above the sea floor at 1-3
feet (0.3-0.9 m).
A bycatch reduction device (BRD) consisting of either a rigid gate
excluder (preferred) or a soft-panel excluder, along with footrope
lighting devices, can be mandatory constituents of the gear
configurations as well. The minimum mesh size for California shrimp and
prawn trawl fisheries is 1 \3/8\ inches (3.5 cm) while it is 1 \1/2\
inches (3.8 cm) in Puget Sound. Only beam trawls are allowed in Puget
Sound; in the Strait of Juan de Fuca, the maximum beam size is 60 feet
(18.3 m), while the maximum beam size in the San Juan Islands is 25
feet (7.6 m).
The fishery is principally State-managed across the U.S West Coast,
with different permitting, landing, and mesh size requirements
depending upon location. California, Oregon, and Washington share
mandatory Federal regulations limiting the take of eulachon, salmon and
groundfish species that commonly occur as incidental catch. The coastal
shrimp fishery requires a limited entry shrimp trawl fishery permit in
all three respective states, except that the southern pink shrimp
fishery (south of Pt. Conception) and ridgeback prawn fisheries are
both open access fisheries. The States of Washington, Oregon, and
California established a common season and a maximum count of 160 pink
shrimp per pound (72 per kg) regulation to minimize regulatory
conflict. Daily and monthly trip limits, logbooks, use of a vessel
monitoring system, onboard observer coverage and area restrictions
regarding groundfish essential fish habitat (EFH) is also mandatory.
The harvest of shrimp in Puget Sound is co-managed by Washington
State and the Puget Sound Treaty Tribes. The fishery is managed by
emergency regulation and is permanently closed unless opened by
emergency regulation. Fishing in the area requires a limited entry
Puget Sound shrimp trawl license. Specific quotas are established each
year for the Strait of Juan de Fuca and the San Juan Islands. State
fishery observers are required on 10 percent of the commercial shrimp
trawl trips in Puget Sound. BRDs to decrease bycatch of spot shrimp are
not required, but are encouraged and utilized by some participating
vessels. License holders must maintain shrimp beam trawl logbooks.
WA/OR/CA Groundfish Trawl Fishery
The Category III WA/OR/CA groundfish trawl fishery occurs year
round in Federal waters (3-200 nm or 5.6-370.4 km) off Washington,
Oregon, and California. There are two sectors; namely the Pacific
whiting (whiting) and non-Pacific whiting sector. The whiting sector
generally targets whiting farther off the coast than other groundfish
species. Fishing consists of catcher-processor vessels that catch and
process whiting, whereas motherships receive whiting from other vessels
and process it. Shore-side vessels catch and deliver whiting to a
shore-side plant for processing.
The non-whiting sector targets a variety of groundfish species,
with the main and most profitable being sablefish, widow rockfish,
yellowtail rockfish, thornyheads, Dover sole, petrale sole, and
lingcod. The bulk of the biomass resulting from this fishery is caught
off Oregon and Washington. Trawling is not allowed in Rockfish
Conservation Areas (RCA), Cowcod Conservation Areas, and EFH designated
areas.
Trawl gear is a cone or funnel-shaped net either towed through the
water column or drawn over the ocean floor by the vessel. Two types of
trawl gear are used in this fishery: midwater and bottom trawl nets.
The gear used to target whiting is midwater trawl nets. In the non-
whiting sector, midwater trawl and bottom trawl nets are used to target
groundfish. Midwater trawl gear is primarily used to target widow and
yellowtail rockfish, while bottom trawlers typically target sablefish,
Dover sole, thornyheads and other flatfish species.
Large footrope gear with a diameter larger than eight inches (20.3
cm) allows bottom trawlers to access rockier areas by bouncing the
bottom of the trawl net over larger obstructions without tearing. Small
footrope gear with a diameter of eight inches (20.3 cm) or smaller is
also used on bottom trawls. Pelagic trawl gear has unprotected footrope
gear that is not encircled with chains, rollers, bobbins, or other
material. Bottom trawl nets are required to have a minimum mesh size of
4\1/2\ inches (11.4 cm), and pelagic trawl nets are required to have a
minimum mesh size of 3 inches (7.6 cm).
The fishery is jointly managed by NMFS and U.S. West Coast states
through the PFMC. There also exists a bilateral Pacific Whiting
Agreement between the U.S. and Canada for managing the Pacific whiting
coastal stock. A transferable, limited entry west coast trawl permit
known as a ``Catch Shares'' permit that involves an Individual Fishery
Quota system, is required in order to participate in this fishery.
Federal observer coverage, logbooks, and vessel monitoring systems are
mandatory.
All U.S. commercial fishing vessels are required to have permits
from the appropriate state agency in order to land groundfish in
Washington, Oregon, and California. The use of bottom trawl footrope
gear with a footrope diameter larger than 19 inches (48.3 cm) is
prohibited. Only small footrope gear is allowed shoreward of a line
approximating the 100 fathom (600 ft or 182.9m) depth contour, which is
intended to reduce trawl access to newly-designated overfished species
and their rockier habitats. States may implement parallel measures
within their state waters (0-3 nm or 0-5.6 km).
WA/OR/CA Hagfish Pot Fishery
The Category III WA/OR/CA hagfish pot fishery targets Pacific
hagfish and black hagfish. Even though hagfish generally occur as
shallow as 9 fathoms (54 ft or 16.5 m), hagfish are found across most
of the outer continental slope in marketable quantities. Hagfish are
generally found in muddy substrate, but may occupy a variety of bottom
types.
In Washington, the fishery is open year round in Pacific Ocean
waters only, and effort is prohibited in waters less than 50 fathoms
(300 ft or 91.4 m). In Oregon, the fishery is open year round, and
there is no depth limit at which the
[[Page 55359]]
fish may be targeted. The ports with the most landings are on the south
coast of Oregon. The fishery peaks during spring and fall, with less
effort during the winter. In California, the fishery is open year
round, but similar to Oregon it peaks during the spring and fall with
less effort in the winter due to poor weather and fishermen
participating in the Dungeness crab fishery. There is no depth limit to
where the fish may be targeted, but high hagfish densities are
generally located in deeper waters. Effort occurs statewide from
southern California to northern California.
The gear consists mostly of high-volume buckets (5 gallon or 18.9
liters) or barrel gear (large plastic drums with removable ends),
although Korean-style traps are also used. Korean-style traps are small
and tubular traps with little volume; as a result, hundreds are needed
to achieve a marketable yield. All traps consist of an opening
(entrance tunnel), with some states requiring specified dimensions, a
cavity drilled with a number of smaller holes (dewatering and escape
holes), and at least one escape exit, with some states requiring
specified dimensions.
In Washington, no more than a 100 barrels or buckets are used at
any one time. They can be set individually or strung together by a
common ground line. The entrance tunnel is no larger than 11 inches\2\
(71.0 cm\2\) and can be any shape. There must be at least one escape
exit that has an opening of no less than 9\1/2\ inches\2\ (61.3 cm\2\).
The gear is marked with buoys equipped with a pole, flag, radar
reflector and a light. When ground lines are used, the end marker buoys
display the identification number of the permittee and the number of
pots on the ground line.
In Oregon, fishermen use barrel gear, setting up to 200 barrels.
There is no minimum size requirement for the escape hole, but the use
of a hole with \5/8\ inch (1.6 cm) in diameter is nearly universal. A
groundline with 10-25 barrels is set and soaked for 4 or more hours.
The biodegradable opening has a minimum diameter of 3 inches (7.6 cm).
In California, fishermen can use (gear limited per vessel) 25
barrels, 200 buckets, or 500 Korean-style traps, but never a
combination of gear types. The escape holes are at least 9/16 inches
(1.4 cm) in diameter to allow smaller hagfish to escape. Barrels are 45
inches (114.3 cm) long and the diameter is 25 inches (63.5 cm) or less.
Barrels may be attached to a maximum of three groundlines. There is no
limitation on the number of bucket groundlines. Marking buoys must have
the fisherman's commercial license number and vessel commercial
registration number.
In Washington, the fishery is open access managed as a trial
fishery under the state's Emerging Commercial Fishery Act requiring an
emerging commercial fishery license and a hagfish pot trial fishery
permit. There is no limit to the amount of hagfish that can be landed,
although no incidental catch of other species is allowed. Fishermen
must notify the state 24 hours in advance of landing for dockside
sampling, and must submit logbooks once a month.
In Oregon, the fishery is a state-managed open access fishery
requiring a hagfish permit and submission of logbooks quarterly. An
annual harvest guideline of 1.6 million pounds (726,000 kg) exists for
the state, which could trigger additional management measures.
In CA, the fishery is a state-managed open access fishery requiring
a general trap permit for all participants. Logbooks are not required.
WA/OR Shrimp Pot/Trap Fishery
The Category III WA/OR shrimp pot/trap fishery targets coonstripe
shrimp and spot shrimp in both Oregon and Washington. However, humpback
and pink shrimp are also targeted to a lesser degree in Washington.
Shrimp pot fishing in Oregon, which primarily takes place near the
Oregon/Washington border, is allowed year round although most landings
occur in the spring and summer months. Limited fishing effort in
southern Oregon has only recently developed in the last few years.
Shrimp pot fishing in Washington (generally divided into a spot
shrimp and non-spot shrimp pot fishery) is managed as separate
fisheries with the coastal Washington shrimp pot fishery west of the
Bonilla-Tatoosh line and the Puget Sound fishery east of the Bonilla-
Tatoosh line. Coastal shrimp pot fishing generally occurs 20-40 miles
(37.0-74.1 km) offshore at depths of 70 to 100 fathoms (420-600 ft or
128.0-182.9 m). Puget Sound is divided into 6 management regions.
Commercial fishing in Puget Sound can only commence once the
recreational seasons have ended, generally running from early July
through September. Effort is concentrated in the Strait of Juan de Fuca
and near the San Juan Islands for both spot shrimp and non-spot shrimp,
but a limited amount of fishing also occurs in Central Puget Sound.
In Oregon, traps are tapered and circular in shape, with a \1/2\-
inch (1.3 cm) square cord mesh over a steel frame 39 inch (99.1 cm)
diameter and 16 inches (40.6 cm) tall. The entrance tunnels must be
between 1.5 and 3 inches (3.8 and 7.6 cm) at the widest point. The law
requires a destructive device on traps that degrades rapidly enough to
facilitate escape of a substantial proportion of all species confined
in the trap from any trap that cannot be raised. The typical
configuration involves a set of 10-15 traps connected to a long line
weighted at both ends and marked with a polyball or flagpole. In Oregon
and coastal Washington, each terminal end must be marked with a pole,
flag, light, radar reflector, and a buoy showing clear identification
of the owner or operator.
In coastal Washington, pots/traps cannot have a bottom perimeter
greater than 153 inches (12.85 ft or 3.9 m) or a height greater than 24
inches (61.0 cm). The minimum mesh size is \7/8\ inch (2.2 cm). All
pots are required to have an escape mechanism. A string of up to 50
pots is typical. The pots are left to soak for a minimum of 24 hours.
In Puget Sound, the maximum pot perimeter is 10 feet (3.0 m) and a
maximum height of 18 inches (45.7 cm). The minimum mesh size is \1/2\
inch (1.3 cm), although a 1\1/8\ inch (2.9 cm) stretch measure is
allowable for flexible mesh pots, and shrimp pot buoys are required to
be orange.
In Oregon, the shrimp pot fishery is an open access permit fishery
with minimum landing size requirements and obligations to retain and
land all target species, along with mandatory logbook reporting. There
are no individual or total landing quotas.
In Washington, shrimp pot fisheries are limited entry fisheries,
but permits are transferable. There are annual harvest quotas and
regional harvest shares established annually through co-management
agreements with Tribes and recreational fishermen. Minimum landing size
requirements, landing obligations, and logbook reporting are required.
In Puget Sound, the fishery is managed through individual quotas for
each license and with biweekly quotas for each area. Individuals cannot
hold more than two licenses. Each license allows the designated vessel
to fish with a maximum of 100 pots per area.
WA Puget Sound Dungeness Crab Pot/Trap Fishery
The Category III WA Puget Sound Dungeness crab pot/trap fishery
effort takes place in inland waters typically less than 20 fathoms (120
ft or 36.6 m) throughout the Salish Sea. Commercial Dungeness crab
fishing is allowed in the Strait of Juan de Fuca, San Juan Islands, and
northern Puget Sound to Point Edwards. Fishing is not allowed in
central and southern Puget Sound. The fishery generally runs from
October 1st
[[Page 55360]]
through April 15th each year, although the duration of each season can
vary depending on a number of factors.
Fishermen may use crab pots or crab ring nets; however, most
participants use pots. Crab pots can have a maximum volume of 13 cubic
feet (368.1 liters). The pots consist of two or more escape rings or
ports of at least 4\1/4\ inches (10.8 cm) inside diameter, located in
the upper half of the pot. The pots are set individually and not
connected to one another. Each pot is required to have a pot tag
attached and a buoy tag attached to the buoy. Each pot tag must be
permanently marked with the license owner's name or license number and
telephone number. The buoys may not be both red and white to ensure
that commercial and recreational buoys can be distinguished
(recreational crab buoys are white and red). Buoys used to mark pots
have to be able to float at least 5 pounds (2.3 kg).
The Puget Sound Dungeness crab pot/trap fishery is a limited entry
fishery. Fishermen may hold more than one license, and current license
holders may transfer an existing license to a new party. Up to three
licenses can be stacked on a single designated vessel. Each Puget Sound
Dungeness crab license has a maximum limit of 100 pots or ring nets.
Individual areas within the Salish Sea have a maximum number of pots
allowed per license. Puget Sound crab harvest is co-managed by the
State of Washington and the Treaty Tribes.
CA Nearshore Finfish Trap Fishery
The Category III CA nearshore finfish trap fishery targets
nearshore species (cabezon, California sheephead, greenlings, and
black, blue, brown, calico, China, copper, gopher, grass, kelp, olive,
quillback, and treefish rockfishes) statewide using pot gear in shallow
depths from 5-30 fathoms (30-180 ft or 9.1-54.9 m), usually within
state waters. Because these species are caught for the live fish
market, the gear is closely monitored with fishermen checking their
gear every few hours to ensure quality product.
Pots used in the nearshore fishery vary and may be the same pots
used in other fisheries (e.g., rock crab, CA spiny lobster, spot
prawn). Finfish pots have a minimum mesh size of 2 x 2 inches (5.1 x
5.1 cm) and range in size from 2-3 feet (0.6-0.9 m) on a side and 1-2
feet (0.3-0.6 m) high. Fishermen targeting nearshore species are
limited to 50 traps within state waters along the mainland shore.
Finfish pots cannot be fished during the period from one hour after
sunset to one hour before sunrise. Whether pots are used individually
or in a string, it is mandatory that the surface end(s) be marked with
a buoy. The buoy is marked with the commercial fishing license
identification number followed by the letter ``Z''.
California's nearshore fishery is managed under the state's
Nearshore Fishery Management Plan (NFMP) as well as the Federal Pacific
Coast Groundfish Management Plan and uses pots as well as hook and line
gears in state waters. In addition to a state commercial fishing
license, a regional Nearshore Fishery Permit or Deeper Nearshore
Species Fishery Permit is required, as is a General Trap Permit and
regional Nearshore Fishery trap endorsement (no trap endorsement is
required for taking, blue, black, brown, calico, copper, olive,
quillback and treefish rockfish). Most nearshore fishermen operate
under the Open Access sector of the Federal groundfish fishery,
although some have limited entry permits. Prior to 2021, the commercial
fishery was closed in March/April, but became year round in 2021.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the Pacific Ocean (Table 1) as follows:
Category I
HI deep-set longline fishery from 143 to 150 vessels/
persons;
Category II
HI shallow-set longline fishery from 11 to 14 vessels/
persons;
American Samoa longline fishery from 13 to 18 vessels/
persons;
HI shortline fishery from 5 to 11 vessels/persons;
Category III
HI inshore gillnet fishery from 29 to 27 vessels/persons;
HI lift net fishery from 15 to 14 vessels/persons;
HI throw net, cast net fishery from 15 to 16 vessels/
persons;
HI seine net fishery from 17 to 16 vessels/persons;
American Samoa tuna troll from 13 to 3 vessels/persons;
HI troll fishery from 1,380 to 1,293 vessels/persons;
HI rod and reel fishery from 237 to 246 vessels/persons;
Commonwealth of the Northern Mariana Islands tuna troll
fishery from 40 to 9 vessels/persons;
Guam tuna troll fishery from 398 to 465 vessels/persons;
HI kaka line fishery from 5 to 6 vessels/persons;
HI vertical line fishery from none recorded to 5 vessels/
persons;
HI crab trap fishery from 4 to 3 vessels/persons;
HI lobster trap fishery from none recorded to less than 3
vessels/persons;
HI crab net fishery from none recorded to 3 vessels/
persons;
HI kona crab loop net fishery from 20 to 24 vessels/
persons;
American Samoa bottomfish handline fishery from 9 to 6
vessels/persons;
Commonwealth of the Northern Mariana Islands bottomfish
fishery from 11 to 12 vessels/persons;
Guam bottomfish fishery from 67 to 84 vessels/persons;
HI bottomfish handline fishery from 385 to 404 vessels/
persons;
HI inshore handline fishery from 206 to 192 vessels/
persons;
HI pelagic handline fishery from 300 to 311 vessels/
persons;
HI bullpen trap fishery from none recorded to less than 3
vessels/persons;
HI black coral diving fishery from none recorded to less
than 3 vessels/persons;
HI handpick fishery from 25 to 28 vessels/persons;
HI lobster diving fishery from 12 to 10 vessels/persons;
HI spearfishing fishery from 82 to 79 vessels/persons;
CA nearshore finfish trap from 93 to 42 vessels/persons;
and
HI aquarium collecting fishery from 34 to 39 vessels/
persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS corrects an administrative error and proposes to add the HI
stock of fin whale and Guadalupe fur seal to the list of species/stocks
incidentally killed or injured in the Category II HI shallow-set
longline fishery. Both stocks were added to the list of species/stocks
incidentally killed or injured in the Category II Western Pacific
Pelagic longline fishery (HI shallow-set component) in the 2018 LOF.
The Western Pacific Pelagic longline fishery (HI shallow-set component)
is a component of the Category II HI shallow-set longline fishery. As
noted in Table 3, 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. Therefore, NMFS proposes to add the two
stocks to the U.S. waters component of the fishery, the Category II HI
shallow-set longline fishery.
[[Page 55361]]
NMFS proposes to add the CA breeding stock of Northern elephant
seal to the list of species/stocks incidentally killed or injured in
the Category II CA Dungeness crab pot fishery. In 2020, a mummified
northern elephant seal in California was reported entangled with lines
that included a red plastic CA Dungeness crab buoy tag (Carretta et
al., 2022).
NMFS proposes to add the Western U.S. stock of Steller sea lion to
the list of species/stocks incidentally killed or injured in the
Category II AK Gulf of Alaska sablefish longline fishery based on two
observed mortalities in 2019 (Freed et al., 2021).
NMFS proposes to add the North Pacific stock of Pacific white-sided
dolphin to the list of species/stocks incidentally killed or injured in
the Category II AK Bering Sea Aleutian Islands pollock trawl fishery
based on two observed mortalities in 2019 (Freed et al., 2021).
NMFS proposes to remove the Central North Pacific stock of humpback
whale from the list of species/stocks incidentally killed or injured in
the Category I HI deep-set longline fishery. From 2015-2019, there have
been no reported or observed M/SI within the EEZ in the HI deep-set
longline fishery (Carretta et al., 2022).
NMFS proposes to remove the unknown stock of short-finned pilot
whale from the list of species/stocks incidentally killed or injured in
the Category II American Samoa longline fishery. From 2015-2019, there
have been no reported or observed M/SI in the American Samoa longline
fishery (Carretta et al., 2022).
NMFS proposes to revise marine mammal stock names on the list of
species/stocks incidentally killed or injured for consistency with the
current stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift Gillnet Fishery
Spotted seal, AK to spotted seal, Bering;
Category II AK Bristol Bay Salmon Set Gillnet Fishery
Harbor seal, Bering Sea to harbor seal, Bristol Bay; and
Spotted seal, AK to spotted seal, Bering.
Following consultation with the U.S. Fish and Wildlife Service,
NMFS also proposes to revise marine mammal stock names on the list of
species/stocks incidentally killed or injured for consistency with the
current stock names in the SARs as follows:
Category II CA Halibut/White Seabass and Other Species Set Gillnet
(>3.5 in Mesh) Fishery
Sea otter, CA to southern sea otter, CA;
Category II AK Kodiak Salmon Set Gillnet Fishery
Sea otter, Southwest AK to northern sea otter, Southwest
AK;
Category II AK Cook Inlet Salmon Set Gillnet Fishery
Sea otter, South central AK to northern sea otter, South
Central AK;
Category II AK Prince William Sound salmon drift gillnet
fishery Sea otter, South Central AK to northern sea otter, South
Central AK;
Category II CA Spiny Lobster Fishery
Southern sea otter to southern sea otter, CA, and
Category III AK Prince William Sound Salmon Set Gillnet Fishery
Sea otter, South central AK to northern sea otter, South
Central AK.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS proposes to add the MS Sound, Lake Borgne, Bay Boudreau stock
of bottlenose dolphin to the list of species/stocks incidentally killed
or injured in the Category II Gulf of Mexico gillnet fishery. In 2015
and 2016, two dead stranded dolphins from the MS Sound, Lake Borgne,
Bay Boudreau stock were recovered with gillnet gear markings (Hayes et
al., 2022). Both animals were recovered on an Alabama coastline where
only commercial gillnets have access to the surrounding Gulf waters,
and recreational gillnets are prohibited.
NMFS proposes to add the Barataria Bay Estuarine System (BBES)
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 shrimp trawl fishery. In 2015, chaffing gear from a
commercial shrimp trawl was recovered in a stranded dolphin carcass.
The dolphin likely ingested the gear while removing gilled fish that
were caught in the trawl net. This animal was ascribed to both the BBES
and Western Coastal stocks (Hayes et al., 2022).
NMFS proposes to add both the Caloosahatchee River and Waccasassa
Bay, Withlacoochee Bay, Crystal Bay stocks of bottlenose dolphin to the
list of species/stocks incidentally killed or injured in the Category
III Gulf of Mexico blue crab trap/pot fishery based on two serious
injuries and one mortality. In 2019, a seriously injured dolphin
(Callosahatchee River stock) was disentangled from commercial blue crab
trap/pot gear and released alive. In addition, during 2017, one
mortality (Callosahatchee River stock) occurred due to entanglement in
commercial blue crab trap/pot gear (Hayes et al., 2022). Also in 2017,
a dolphin (Waccasassa Bay, Withlacoochee Bay, Crystal Bay stock) was
seriously injured due to entanglement in commercial blue crab trap/pot
gear (Hayes et al., 2022).
NMFS proposes to add the Galveston Bay, East Bay, Trinity Bay stock
of bottlenose dolphin to the list of species/stocks incidentally killed
or injured in the Category III U.S. Atlantic, Gulf of Mexico trotline
fishery. In 2018, a female dolphin observed with a young calf died due
to an entanglement in trotline gear (Hayes et al., 2022).
NMFS corrects an administrative error and proposes to remove the
Northern Gulf of Mexico coastal stock of bottlenose dolphin from the
list of species/stocks incidentally killed or injured in the Category
II Southeastern U.S. Atlantic, Gulf of Mexico stone crab fishery. Upon
review of records, it appears this stock was erroneously added. There
have been no documented mortalities or injuries of this stock in this
fishery.
NMFS corrects an administrative error and proposes to remove the
Eastern Gulf of Mexico coastal stock of bottlenose dolphin from the
list of species/stocks incidentally killed or injured in the Category
III FL West Coast sardine purse seine fishery. Upon review of records,
it appears this stock was erroneously added. There have been no
documented mortalities or injuries of this stock in this fishery. The
list of species/stocks incidentally killed or injured in this fishery
is updated to state none documented.
Commercial Fisheries on the High Seas
Number of Vessels/Persons
NMFS proposes to update the estimated number of HSFCA permits for
high seas fisheries (Table 3) as follows:
Category I
Atlantic highly migratory species longline fishery from 39
to 30 HSFCA permits;
Western Pacific pelagic (HI deep-set component) longline
fishery from 143 to 150 HSFCA permits;
[[Page 55362]]
Category II
Pacific highly migratory species drift gillnet fishery
from 5 to 3 HSFCA permits;
Atlantic highly migratory species trawl fishery from 1 to
0 HSFCA permits;
Western and Central Pacific Ocean tuna purse seine fishery
from 20 to 34 HSFCA permits;
Western Pacific pelagic purse seine fishery from 1 to 0
HSFCA permits;
South Pacific albacore troll longline fishery from 6 to 8
HSFCA permits;
Western Pacific pelagic (HI shallow-set component)
longline fishery from 11 to 14 HSFCA permits;
Atlantic highly migratory species handline/pole and line
fishery from 1 to 0 HSFCA permits;
Pacific highly migratory species handline/pole and line
fishery from 44 to 45 HSFCA permits;
South Pacific albacore troll handline/pole and line
fishery from 9 to 7 HSFCA permits;
Western Pacific pelagic handline/pole and line fishery
from 5 to 1 HSFCA permits;
South Pacific albacore troll fishery from 20 to 24 HSFCA
permits;
Western Pacific pelagic troll fishery from 6 to 7 HSFCA
permits;
Category III
Pacific highly migratory species longline fishery from 111
to 127 HSFCA permits;
Pacific highly migratory species purse seine fishery from
5 to 2 HSFCA permits;
Northwest Atlantic trawl fishery from 4 to 3 HSFCA
permits; and
Pacific highly migratory species troll fishery from 107 to
93 HSFCA permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS corrects an administrative error and proposes to add the HI
stock of rough-toothed dolphin to the list of species/stocks
incidentally killed or injured in the Category I Western Pacific
Pelagic longline fishery (HI deep-set component). The Western Pacific
Pelagic longline fishery (HI deep-set component) is a component of the
Category I HI deep-set longline fishery. As noted in Table 3, 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. The HI stock of rough-toothed dolphin is included on
the list of species and/or stocks killed or injured Category I HI deep-
set longline fishery and therefore NMFS proposes to add the stock to in
the high seas component (Category I Western Pacific Pelagic (HI deep-
set component) fishery).
NMFS proposes to remove the Central North Pacific stock of humpback
whale from the list of species/stocks incidentally killed or injured in
the Category I Western Pacific Pelagic longline fishery (HI deep-set
component). As noted in Table 3, 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. From 2015-2019, there
have been no reported or observed M/SI within the EEZ in the HI deep-
set longline fishery (Carretta et al., 2022). Therefore, NMFS proposed
to remove the stock from both the HI deep-set longline fishery and the
Western Pacific Pelagic longline fishery (HI deep-set component).
NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category II Western
Pacific Pelagic longline fishery (HI shallow-set component). The three
stocks are: (1) Ginkgo-toothed beaked whale, (2) CA breeding stock of
Northern elephant seal and (3) CA/OR/WA stock of short-beaked common
dolphin. From 2015-2019, there were no observed moralities or injuries
of these stocks in the HI shallow-set component of the Western Pacific
Pelagic longline fishery (Carretta et al., 2022).
NMFS proposes to remove the unknown stock of humpback whale from
the list of species/stocks incidentally killed or injured in the
Category II Western and Central Pacific Ocean tuna purse seine fishery.
From 2015-2019, there were no observed moralities or injuries of these
stocks in the Western and Central Pacific Ocean tuna purse seine
fishery (Carretta et al., 2022).
NMFS proposes to revise the following marine mammal stock names to
``unknown'' stock on the list of species/stocks incidentally killed or
injured in the Category II Western and Central Pacific Ocean tuna purse
seine fishery based on more recent observer data:
Bottlenose dolphin, HI pelagic
Bryde's whale, HI
False killer whale, HI pelagic
Fin whale, HI
Long-beaked common dolphin, CA
Minke whale, HI
Pygmy killer whale, HI
Sei whale, HI, and
Sperm whale, HI.
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 gather 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
[[Page 55363]]
information included above in Where can I find more information about
the LOF and the MMAP? section).
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, the number of HSFCA
permits listed in Table 3 for the high seas components of fisheries
that also operate within U.S. waters does not necessarily represent
additional effort that is not accounted for in Tables 1 and 2. Many
vessels holding HSFCA permits also fish within U.S. waters and are
included in the number of vessels and participants operating within
those fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or
stocks incidentally killed or injured (seriously or non-seriously) in
each fishery based on SARs, injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best available scientific
information included in these reports is based on data through 2019.
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 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 with an asterisk (*) after the
fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal
Estimated number of species and/or
Fishery description vessels/ persons stocks incidentally
killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
HI deep-set longline * 150................ Bottlenose dolphin,
[supcaret]. HI Pelagic.
False killer whale,
HI Pelagic.\1\
False killer whale,
MHI Insular.
False killer whale,
NWHI.
Kogia spp. (Pygmy or
dwarf sperm 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/ 21................. Bottlenose dolphin,
swordfish drift gillnet CA/OR/WA offshore.
(>=14 in mesh) *. California sea lion,
U.S.
Dall's porpoise, CA/
OR/WA.
Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/
WA.\1\
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 39................. California sea lion,
and other species set U.S.
gillnet (>3.5 in mesh). Gray whale, Eastern
North Pacific.
Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
[[Page 55364]]
Long-beaked common
dolphin, CA.
Northern elephant
seal, CA breeding.
Southern sea otter,
CA.
Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, 20................. California sea lion,
and white seabass drift U.S.
gillnet (mesh size >=3.5 Long-beaked common
in and <14 in) \2\. dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon 1,862.............. Beluga whale,
drift gillnet \2\. Bristol Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 979................ Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bristol
Bay.
Northern fur seal,
Eastern Pacific.
Spotted seal,
Bering.
AK Kodiak salmon set 188................ Harbor porpoise,
gillnet. GOA.\1\
Harbor seal, GOA.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Northern sea otter,
Southwest AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon set 736................ Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise,
GOA.
Harbor seal, Cook
Inlet/Shelikof
Strait.
Humpback whale,
Central North
Pacific.\1\
Northern sea otter,
South central AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon 569................ Beluga whale, Cook
drift gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Steller sea lion,
Western U.S.
AK Peninsula/Aleutian 162................ Dall's porpoise, AK.
Islands salmon drift
gillnet \2\.
Harbor porpoise,
GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
AK Peninsula/Aleutian 113................ Harbor porpoise,
Islands salmon set Bering Sea.
gillnet \2\.
Northern sea otter,
Southwest AK.
Steller sea lion,
Western U.S.
AK Prince William Sound 537................ Dall's porpoise, AK.
salmon drift gillnet.
Gray whale, Eastern
North Pacific.
Harbor porpoise,
GOA.\1\
Harbor seal, Prince
William Sound.
Humpback whale,
Central North
Pacific.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Northern sea otter,
South central AK.
Steller sea lion,
Western U.S.\1\
AK Southeast salmon drift 474................ Dall's porpoise, AK.
gillnet.
Harbor porpoise,
Southeast AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific.\1\
Pacific white-sided
dolphin, North
Pacific.
Steller sea lion,
Eastern U.S.
AK Yakutat salmon set 168................ Gray whale, Eastern
gillnet \2\. North Pacific.
Harbor Porpoise,
Southeastern AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific (Southeast
AK).
WA Puget Sound Region 136................ Dall's porpoise, CA/
salmon drift gillnet OR/WA.
(includes all inland Harbor porpoise,
waters south of US- inland WA.\1\
Canada border and Harbor seal, WA
eastward of the Bonilla- inland.
Tatoosh line-Treaty
Indian fishing is
excluded).
Trawl Fisheries:
AK Bering Sea, Aleutian 32................. Bearded seal,
Islands flatfish trawl. Beringia.
[[Page 55365]]
Gray whale, Eastern
North Pacific.
Harbor porpoise,
Bering Sea.
Harbor seal, Bristol
Bay.
Humpback whale,
Western North
Pacific.\1\
Killer whale,
Eastern North
Pacific Alaska
resident.\1\
Killer whale,
Eastern North
Pacific GOA, AI, BS
transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal, Arctic.
Ribbon seal.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 102................ Harbor seal, Bristol
Islands pollock trawl. Bay.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Pacific white-sided
dolphin, North
Pacific.
Ribbon seal.
Ringed seal, Arctic.
Steller sea lion,
Western U.S.\1\
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 59................. Harbor seal, Bristol
Islands Pacific cod pot. Bay.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
CA coonstripe shrimp pot. 9.................. Gray whale, Eastern
North Pacific.
Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
CA spiny lobster......... 189................ Bottlenose dolphin,
CA/OR/WA offshore.
California sea lion,
U.S.
Humpback whale, CA/
OR/WA.\1\
Gray whale, Eastern
North Pacific.
Southern sea otter,
CA.
CA spot prawn pot........ 22................. Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
Long-beaked common
dolphin, CA.
CA Dungeness crab pot.... 471................ Blue whale, Eastern
North Pacific.\1\
Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
Killer whale,
Eastern North
Pacific GOA, BSAI
transient.
Killer whale, West
Coast transient.
Northern elephant
seal, CA breeding.
OR Dungeness crab pot.... 323................ Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
WA/OR/CA sablefish pot... 144................ Humpback whale, CA/
OR/WA.\1\
WA coastal Dungeness crab 204................ Gray whale, Eastern
pot. North Pacific.
Humpback whale, CA/
OR/WA.\1\
Longline/Set Line Fisheries:
AK Gulf of Alaska 295................ Northern elephant
sablefish longline. seal, California.
Sperm whale, North
Pacific.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
HI shallow-set longline * 14................. Bottlenose dolphin,
[supcaret]. HI Pelagic.
False killer whale,
HI Pelagic.\1\
Fin whale, HI.
Guadalupe fur seal.
Humpback whale,
Central North
Pacific.
Risso's dolphin, HI.
Striped dolphin, HI.
American Samoa longline 18................. False killer whale,
\2\. American Samoa.
Rough-toothed
dolphin, American
Samoa.
Striped dolphin,
unknown.
HI shortline \2\......... 11................. None documented.
Marine Aquaculture Fisheries:
HI offshore pen culture...... 1.................. Hawaiian monk seal.
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
AK Kuskokwim, Yukon, 1,778.............. Harbor porpoise,
Norton Sound, Kotzebue Bering Sea.
salmon gillnet.
[[Page 55366]]
AK Prince William Sound 29................. Harbor seal, GOA.
salmon set gillnet.
Northern sea otter,
South central AK.
Steller sea lion,
Western U.S.
AK roe herring and food/ 920................ None documented.
bait herring gillnet.
CA herring set gillnet... 11................. None documented.
HI inshore gillnet....... 27................. Bottlenose dolphin,
HI.
Spinner dolphin, HI.
WA Grays Harbor salmon 19................. Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty Tribal fishing).
WA/OR Mainstem Columbia 10................. None documented.
River eulachon gillnet.
WA/OR lower Columbia 244................ California sea lion,
River (includes U.S.
tributaries) drift Harbor seal, OR/WA
gillnet. coast.
WA Willapa Bay drift 57................. Harbor seal, OR/WA
gillnet. coast.
Northern elephant
seal, CA breeding.
Miscellaneous Net Fisheries:
AK Cook Inlet salmon 83................. Humpback whale,
purse seine. Central North
Pacific.
AK Kodiak salmon purse 376................ Dall's porpoise, AK.
seine.
Harbor seal, North
Kodiak.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Steller sea lion,
Western U.S.
AK Southeast salmon purse 315................ Humpback whale,
seine. Central North
Pacific.
AK roe herring and food/ 10................. None documented.
bait herring beach seine.
AK roe herring and food/ 356................ None documented.
bait herring purse seine.
AK salmon beach seine.... 31................. None documented.
AK salmon purse seine 936................ Harbor seal, GOA.
(Prince William Sound,
Chignik, Alaska
Peninsula).
Harbor seal, Prince
William Sound.
WA/OR sardine purse seine 6.................. None documented.
CA anchovy, mackerel, 53................. California sea lion,
sardine purse seine. U.S.
Harbor seal, CA.
CA squid purse seine..... 68................. California sea lion,
U.S.
Long-beaked common
dolphin, CA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
CA tuna purse seine *.... 14................. None documented.
WA/OR Lower Columbia 1.................. None documented.
River salmon seine.
WA/OR herring, anchovy, 41................. None documented.
smelt, squid purse seine
or lampara.
WA salmon seine.......... 81................. None documented.
WA salmon reef net....... 11................. None documented.
HI lift net.............. 14................. None documented.
HI inshore purse seine... None recorded...... None documented.
HI throw net, cast net... 16................. None documented.
HI seine net............. 16................. None documented.
Dip Net Fisheries:
CA squid dip net......... 19................. None documented.
Marine Aquaculture Fisheries:
CA marine shellfish unknown............ None documented.
aquaculture.
CA salmon enhancement >1................. None documented.
rearing pen.
CA white seabass 13................. California sea lion,
enhancement net pens. U.S.
WA salmon net pens....... 14................. California sea lion,
U.S. Harbor seal,
WA inland waters.
WA/OR shellfish 23................. None documented.
aquaculture.
Troll Fisheries:
WA/OR/CA albacore surface 556................ None documented.
hook and line/troll.
CA halibut, white 388................ None documented.
seabass, and yellowtail
hook and line/handline.
CA/OR/WA non-albacore HMS 124................ None documented.
hook and line.
AK Bering Sea, Aleutian unknown............ None documented.
Islands groundfish hand
troll and dinglebar
troll.
AK Gulf of Alaska unknown............ None documented.
groundfish hand troll
and dinglebar troll.
AK salmon troll.......... 1,908.............. Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
American Samoa tuna troll 3.................. None documented.
CA/OR/WA salmon troll.... 1,030.............. None documented.
HI troll................. 1,293.............. Pantropical spotted
dolphin, HI.
HI rod and reel.......... 246................ None documented.
Commonwealth of the 9.................. None documented.
Northern Mariana Islands
tuna troll.
Guam tuna troll.......... 465................ None documented.
Longline/Set Line Fisheries:
[[Page 55367]]
AK Bering Sea, Aleutian 4.................. Killer whale, GOA,
Islands Greenland turbot AI, BS transient.
longline.
AK Bering Sea, Aleutian 45................. Northern fur seal,
Islands Pacific cod Eastern Pacific.
longline.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 22................. None documented.
Islands sablefish
longline.
AK Bering Sea, Aleutian 127................ Northern fur seal,
Islands halibut longline. Eastern Pacific.
Sperm whale, North
Pacific.
AK Gulf of Alaska halibut 855................ Harbor seal,
longline. Clarence Strait.
Harbor seal, Cook
Inlet.
Steller sea lion,
Eastern U.S.
AK Gulf of Alaska Pacific 92................. Harbor seal, Cook
cod longline. Inlet/Shelikof
Strait.
Steller sea lion,
Western U.S.
AK octopus/squid longline 3.................. None documented.
AK state-managed waters 464................ None documented.
longline/setline
(including sablefish,
rockfish, lingcod, and
miscellaneous finfish).
WA/OR/CA groundfish, 314................ Bottlenose dolphin,
bottomfish longline/set CA/OR/WA offshore.
line. California sea lion,
U.S.
Northern elephant
seal, California
breeding.
Sperm whale, CA/OR/
WA.
Steller sea lion,
Eastern U.S.
WA/OR/CA Pacific halibut 130................ None documented.
longline.
West Coast pelagic 4.................. None documented in
longline. the most recent 5
years of data.
HI kaka line............. 6.................. None documented.
HI vertical line......... 5.................. None documented.
Trawl Fisheries:
AK Bering Sea, Aleutian 13................. Harbor seal,
Islands Atka mackerel Aleutian Islands.
trawl. Northern elephant
seal, California.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 72................. Bearded seal, AK.
Islands Pacific cod Ribbon seal.
trawl. Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 17................. Harbor seal,
Islands rockfish trawl. Aleutian Islands.
Ribbon seal.
AK Gulf of Alaska 36................. Harbor seal, Cook
flatfish trawl. Inlet/Shelikof
Strait.
Harbor seal, North
Kodiak.
Harbor seal, South
Kodiak.
Steller sea lion,
Western U.S.
AK Gulf of Alaska Pacific 55................. Steller sea lion,
cod trawl. Western U.S.
AK Gulf of Alaska pollock 67................. Steller sea lion,
trawl. Western U.S.
AK Gulf of Alaska 43................. Steller sea lion,
rockfish trawl. Western U.S.
AK Kodiak food/bait 4.................. None documented.
herring otter trawl.
AK shrimp otter trawl and 38................. None documented.
beam trawl.
AK state-managed waters 2.................. None documented.
of Prince William Sound
groundfish trawl.
CA halibut bottom trawl.. 23................. California sea lion,
U.S.
Harbor porpoise,
unknown.
Harbor seal,
unknown.
Northern elephant
seal, CA breeding.
Steller sea lion,
unknown.
CA sea cucumber trawl.... 11................. None documented.
WA/OR/CA shrimp trawl.... 130................ California sea lion,
U.S.
WA/OR/CA groundfish trawl 118................ California sea lion,
U.S.
Dall's porpoise, CA/
OR/WA.
Harbor seal, OR/WA
coast.
Northern elephant
seal, CA breeding.
Northern fur seal,
Eastern Pacific.
Northern right whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Steller sea lion,
Eastern U.S.
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 6.................. Sperm whale, North
Islands sablefish pot. Pacific.
AK Bering Sea, Aleutian 540................ Bowhead whale,
Islands crab pot. Western Arctic.
Gray whale, Eastern
North Pacific.
AK Gulf of Alaska crab 271................ None documented.
pot.
AK Gulf of Alaska Pacific 116................ None documented in
cod pot. most recent 5 years
of data.
AK Gulf of Alaska 248................ None documented.
sablefish pot.
AK Southeast Alaska crab 375................ Humpback whale,
pot. Central North
Pacific (Southeast
AK).
AK Southeast Alaska 99................. Humpback whale,
shrimp pot. Central North
Pacific (Southeast
AK).
AK shrimp pot, except 141................ None documented.
Southeast.
AK octopus/squid pot..... 15................. None documented.
[[Page 55368]]
CA rock crab pot......... 113................ Gray whale, Eastern
North Pacific.
Harbor seal, CA.
CA Tanner crab pot 1.................. None documented.
fishery.
WA/OR/CA hagfish pot..... 63................. None documented.
WA/OR shrimp pot/trap.... 28................. None documented.
WA Puget Sound Dungeness 145................ None documented.
crab pot/trap.
HI crab trap............. 3.................. Humpback whale,
Central North
Pacific.
HI fish trap............. 4.................. None documented.
HI lobster trap.......... Less than 3........ None documented in
recent years.
HI shrimp trap........... 3.................. None documented.
HI crab net.............. 3.................. None documented.
HI Kona crab loop net.... 24................. None documented.
Hook and Line, Handline, and
Jig Fisheries:
AK Bering Sea, Aleutian 2.................. None documented.
Islands groundfish jig.
AK Gulf of Alaska 214................ None documented in
groundfish jig. most recent 5 years
of data.
AK halibut jig........... 71................. None documented.
American Samoa bottomfish 6.................. None documented.
Commonwealth of the 12................. None documented.
Northern Mariana Islands
bottomfish.
Guam bottomfish.......... 84................. None documented.
HI aku boat, pole, and None recorded...... None documented.
line.
HI bottomfish handline... 404................ None documented in
recent years.
HI inshore handline...... 192................ None documented.
HI pelagic handline...... 311................ None documented.
WA/OR/CA groundfish/ 689................ California sea lion,
finfish hook and line. U.S.
Western Pacific squid jig 0.................. None documented.
Harpoon Fisheries:
CA swordfish harpoon..... 21................. None documented.
Pound Net/Weir Fisheries:
AK herring spawn on kelp 291................ None documented.
pound net.
AK Southeast herring roe/ 2.................. None documented.
food/bait pound net.
HI bullpen trap.......... Less than 3........ None documented.
Bait Pens:
WA/OR/CA bait pens....... 13................. California sea lion,
U.S.
Dredge Fisheries:
AK scallop dredge........ 108 (5 AK)......... None documented.
Dive, Hand/Mechanical
Collection Fisheries:
AK clam.................. 130................ None documented.
AK Dungeness crab........ 2.................. None documented.
AK herring spawn on kelp. 266................ None documented.
AK miscellaneous 214................ None documented.
invertebrates handpick.
CA/OR/WA dive collection. 186................ None documented.
CA/WA kelp, seaweed and 4.................. None documented.
algae.
HI black coral diving.... Less than 3........ None documented.
HI fish pond............. None recorded...... None documented.
HI handpick.............. 28................. None documented.
HI lobster diving........ 10................. None documented.
HI spearfishing.......... 79................. None documented.
WA/OR/CA hand/mechanical 320................ None documented.
collection.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
AK/WA/OR/CA commercial >7,000 (1,006 AK).. Humpback whale,
passenger fishing vessel. Central North
Pacific.
Humpback whale,
Western North
Pacific.
Killer whale,
unknown.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
Live Finfish/Shellfish
Fisheries:
CA nearshore finfish trap 42................. None documented.
HI aquarium collecting... 39................. 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; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of species and/or
stocks killed or injured in high seas component of the fishery, minus
species and/or stocks that have geographic ranges exclusively on the
high seas. The species and/or stocks are found, and the fishery
remains the same, on both sides of the EEZ boundary. Therefore, the
EEZ components of these fisheries pose the same risk to marine mammals
as the components operating on the high seas.
[[Page 55369]]
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal
Estimated number of species and/or
Fishery description vessels/ persons stocks incidentally
killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
Gillnet Fisheries:
Mid-Atlantic gillnet..... 4,020.............. Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern NC
estuarine
system.\1\
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Hooded seal, WNA.
Humpback whale, Gulf
of Maine.
Minke whale,
Canadian east
coast.
Northeast sink gillnet... 4,072.............. Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Fin whale, WNA.
Gray seal, WNA.\1\
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Humpback whale, Gulf
of Maine.
Minke whale,
Canadian east
coast.
North Atlantic right
whale, WNA.
Risso's dolphin,
WNA.
White-sided dolphin,
WNA.
Trap/Pot Fisheries:
Northeast/Mid-Atlantic 8,485.............. Humpback whale, Gulf
American lobster trap/ of Maine.
pot.
Minke whale,
Canadian east
coast.
North Atlantic right
whale, WNA.\1\
Longline Fisheries:
Atlantic Ocean, 201................ Atlantic spotted
Caribbean, Gulf of dolphin, Northern
Mexico large pelagics GMX.
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.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
Chesapeake Bay inshore 265................ Bottlenose dolphin,
gillnet \2\. unknown (Northern
migratory coastal
or Southern
migratory coastal).
Gulf of Mexico gillnet 248................ Bottlenose dolphin,
\2\. Eastern GMX
coastal.
Bottlenose dolphin,
GMX bay, sound, and
estuarine.
Bottlenose dolphin,
Mobile Bay,
Bonsecour Bay.
Bottlenose dolphin,
MS Sound, Lake
Borgne, Bay
Boudreau.
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 852................ Harbor seal, WNA.
gillnet \2\.
Humpback whale, Gulf
of Maine.
White-sided dolphin,
WNA.
[[Page 55370]]
Northeast drift gillnet 1,036.............. None documented.
\2\.
Southeast Atlantic 273................ Bottlenose dolphin,
gillnet \2\. Central FL coastal.
Bottlenose dolphin,
Northern FL
coastal.
Bottlenose dolphin,
SC/GA coastal.
Bottlenose dolphin,
Southern migratory
coastal.
Southeastern U.S. 21................. Bottlenose dolphin,
Atlantic shark gillnet. unknown (Central
FL, Northern FL, SC/
GA coastal, or
Southern migratory
coastal).
North Atlantic right
whale, WNA.
Trawl Fisheries:
Mid-Atlantic mid-water 320................ Bottlenose dolphin,
trawl (including pair WNA offshore.
trawl). Harbor seal, WNA.
Mid-Atlantic bottom trawl 633................ Bottlenose dolphin,
WNA offshore.\1\
Common dolphin,
WNA.\1\
Gray seal, WNA.\1\
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
White-sided dolphin,
WNA.
Northeast mid-water trawl 542................ Common dolphin, WNA.
(including pair trawl).
Gray seal, WNA.
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Northeast bottom trawl... 968................ Bottlenose dolphin,
WNA offshore.\1\
Common dolphin, WNA.
Gray seal, WNA.\1\
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA.\1\
White-sided dolphin,
WNA.\1\
Southeastern U.S. 10,824............. Atlantic spotted
Atlantic, Gulf of Mexico dolphin, Northern
shrimp trawl. Gulf of Mexico.
Bottlenose dolphin,
Barataria Bay
Estuarine System.
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,
Pensacola Bay, East
Bay.
Bottlenose dolphin,
Perdido Bay.
Bottlenose dolphin,
SC/GA coastal.\1\
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Western GMX
coastal.\1\
Trap/Pot Fisheries:
MA mixed species trap/pot 1,240.............. None documented.
Southeastern U.S. 1,101.............. Bottlenose dolphin,
Atlantic, Gulf of Mexico Biscayne Bay
stone crab trap/pot \2\. estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay.
Bottlenose dolphin,
GMX bay, sound,
estuarine (FL west
coast portion).
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Sarasota Bay,
Little Sarasota
Bay.
Atlantic mixed species 3,493.............. Fin whale, WNA.
trap/pot \2\. Humpback whale, Gulf
of Maine.
Atlantic blue crab trap/ 6,679.............. Bottlenose dolphin,
pot. Central FL coastal.
Bottlenose dolphin,
Central GA
estuarine
system.\1\
Bottlenose dolphin,
Charleston
estuarine
system.\1\
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Northern FL
coastal.\1\
Bottlenose dolphin,
Northern GA/
Southern SC
estuarine system.
Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Northern SC
estuarine system.
[[Page 55371]]
Bottlenose dolphin,
SC/GA coastal.
Bottlenose dolphin,
Southern GA
estuarine system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC
estuarine system.
West Indian manatee,
FL.
Purse Seine Fisheries:
Gulf of Mexico menhaden 40-42.............. Bottlenose dolphin,
purse seine. GMX bay, sound,
estuarine.
Bottlenose dolphin,
Mississippi River
Delta.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
Mid-Atlantic menhaden 17................. Bottlenose dolphin,
purse seine \2\. Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.
Haul/Beach Seine Fisheries:
Mid-Atlantic haul/beach 359................ Bottlenose dolphin,
seine. Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
NC long haul seine....... 22................. Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern NC
estuarine system.
Stop Net Fisheries:
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............. 20................. Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
Caribbean gillnet........ 127................ None documented in
the most recent 5
years of data.
DE River inshore gillnet. unknown............ None documented in
the most recent 5
years of data.
Long Island Sound inshore unknown............ None documented in
gillnet. the most recent 5
years of data.
RI, southern MA (to unknown............ None documented in
Monomoy Island), and NY the most recent 5
Bight (Raritan and Lower years of data.
NY Bays) inshore gillnet.
Southeast Atlantic unknown............ Bottlenose dolphin,
inshore gillnet. Northern SC
estuarine system.
Trawl Fisheries:
Atlantic shellfish bottom >58................ None documented.
trawl.
Gulf of Mexico butterfish 2.................. Bottlenose dolphin,
trawl. Northern GMX
oceanic.
Bottlenose dolphin,
Northern GMX
continental shelf.
Gulf of Mexico mixed 20................. None documented.
species trawl.
GA cannonball jellyfish 1.................. Bottlenose dolphin,
trawl. SC/GA coastal.
Marine Aquaculture Fisheries:
Finfish aquaculture...... 48................. Harbor seal, WNA.
Shellfish aquaculture.... unknown............ None documented.
Purse Seine Fisheries:
Gulf of Maine Atlantic >7................. Harbor seal, WNA.
herring purse seine.
Gulf of Maine menhaden >2................. None documented.
purse seine.
FL West Coast sardine 10................. None documented.
purse seine.
U.S. Atlantic tuna purse 5.................. None documented in
seine *. most recent 5 years
of data.
Longline/Hook and Line
Fisheries:
Northeast/Mid-Atlantic >1,207............. None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 2,846.............. Humpback whale, Gulf
Atlantic tuna, shark, of Maine.
swordfish hook-and-line/
harpoon.
Southeastern U.S. >5,000............. Bottlenose dolphin,
Atlantic, Gulf of GMX continental
Mexico, and Caribbean shelf.
snapper-grouper and
other reef fish bottom
longline/hook-and-line.
Southeastern U.S. 39................. Bottlenose dolphin,
Atlantic, Gulf of Mexico Eastern GMX
shark bottom longline/ coastal.
hook-and-line. Bottlenose dolphin,
Northern GMX
continental shelf.
Southeastern U.S. 680................ None documented.
Atlantic, Gulf of
Mexico, and Caribbean
pelagic hook-and-line/
harpoon.
U.S. Atlantic, Gulf of unknown............ Bottlenose dolphin,
Mexico trotline. Galveston Bay, East
Bay, Trinity Bay.
Trap/Pot Fisheries:
Caribbean mixed species 154................ Bottlenose dolphin,
trap/pot. Puerto Rico and
United States
Virgin Islands.
Caribbean spiny lobster 40................. None documented.
trap/pot.
[[Page 55372]]
FL spiny lobster trap/pot 1,268.............. Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay estuarine.
Bottlenose dolphin,
FL Keys.
Gulf of Mexico blue crab 4,113.............. Bottlenose dolphin,
trap/pot. Barataria Bay.
Bottlenose dolphin,
Caloosahatchee
River.
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,
Waccasassa Bay,
Withlacoochee Bay,
Crystal Bay.
Bottlenose dolphin,
Western GMX
coastal.
West Indian manatee,
FL.
Gulf of Mexico mixed unknown............ None documented.
species trap/pot.
Southeastern U.S. 10................. None documented.
Atlantic, Gulf of Mexico
golden crab trap/pot.
U.S. Mid-Atlantic eel unknown............ None documented.
trap/pot.
Stop Seine/Weir/Pound Net/
Floating Trap/Fyke Net
Fisheries:
Gulf of Maine herring and >1................. Harbor porpoise, GME/
Atlantic mackerel stop BF.
seine/weir. Harbor seal, WNA.
Minke whale,
Canadian east
coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab 2,600.............. None documented.
stop seine/weir.
U.S. Mid-Atlantic mixed unknown............ Bottlenose dolphin,
species stop seine/weir/ Northern NC
pound net (except the NC estuarine system.
roe mullet stop net).
RI floating trap......... 9.................. None documented.
Northeast and Mid- unknown............ None documented.
Atlantic fyke net.
Dredge Fisheries:
Gulf of Maine sea urchin unknown............ None documented.
dredge.
Gulf of Maine mussel unknown............ None documented.
dredge.
Gulf of Maine, U.S. Mid- >403............... None documented.
Atlantic sea scallop
dredge.
Mid-Atlantic blue crab unknown............ None documented.
dredge.
Mid-Atlantic soft-shell unknown............ None documented.
clam dredge.
Mid-Atlantic whelk dredge unknown............ None documented.
U.S. Mid-Atlantic/Gulf of 7,000.............. None documented.
Mexico oyster dredge.
New England and Mid- unknown............ None documented.
Atlantic offshore surf
clam/quahog dredge.
Haul/Beach Seine Fisheries:
Caribbean haul/beach 38................. West Indian manatee,
seine. Puerto Rico.
Gulf of Mexico haul/beach unknown............ None documented.
seine.
Southeastern U.S. 25................. None documented.
Atlantic haul/beach
seine.
Dive, Hand/Mechanical
Collection Fisheries:
Atlantic Ocean, Gulf of 20,000............. None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin unknown............ None documented.
dive, hand/mechanical
collection.
Gulf of Mexico, Southeast unknown............ None documented.
Atlantic, Mid-Atlantic,
and Caribbean cast net.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
Atlantic Ocean, Gulf of 4,000.............. Bottlenose dolphin,
Mexico, Caribbean Barataria Bay
commercial passenger estuarine system.
fishing vessel. Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Choctawhatchee Bay.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay.
Bottlenose dolphin,
GMX bay, sound,
estuarine.
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Northern FL
coastal.
Bottlenose dolphin,
Northern GA/
Southern SC
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Northern migratory
coastal.
[[Page 55373]]
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; and
* Fishery has an associated high seas component listed in Table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal
Number of HSFCA species and/or
Fishery description permits stocks incidentally
killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
Longline Fisheries:
Atlantic Highly Migratory 30................. 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 150................ Bottlenose dolphin,
(HI Deep-set component) HI Pelagic.
* [supcaret]. False killer whale,
HI Pelagic.
Kogia spp. (Pygmy or
dwarf sperm whale),
HI.
Risso's dolphin, HI.
Rough-toothed
dolphin, HI.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
Pacific Highly Migratory 3.................. Long-beaked common
Species * [supcaret]. dolphin, CA.
Humpback whale, CA/
OR/WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
Trawl Fisheries:
Atlantic Highly Migratory 0.................. No information.
Species **.
CCAMLR................... 0.................. Antarctic fur seal.
Purse Seine Fisheries:
Western and Central 34................. Bottlenose dolphin,
Pacific Ocean Tuna Purse unknown.
Seine. Blue whale, unknown.
Bryde's whale,
unknown.
False killer whale,
unknown.
Fin whale, unknown.
Indo-Pacific
dolphin.
Long-beaked common
dolphin, unknown.
Melon-headed whale,
unknown.
Minke whale,
unknown.
[[Page 55374]]
Pantropical spotted
dolphin, unknown.
Pygmy killer whale,
unknown.
Risso's dolphin,
unknown.
Rough-toothed
dolphin, unknown.
Sei whale, unknown.
Short-finned pilot
whale, unknown.
Sperm whale,
unknown.
Spinner dolphin,
unknown.
Western Pacific Pelagic.. 0.................. No information.
Longline Fisheries:
CCAMLR................... 0.................. None documented.
South Pacific Albacore 8.................. No information.
Troll.
Western Pacific Pelagic 14................. Bottlenose dolphin,
(HI Shallow-set HI Pelagic.
component) * [supcaret]. False killer whale,
HI Pelagic.
Fin whale, HI.
Guadalupe fur seal.
Humpback whale,
Central North
Pacific.
Risso's dolphin, HI.
Striped dolphin, HI.
Handline/Pole and Line
Fisheries:
Atlantic Highly Migratory 0.................. No information.
Species.
Pacific Highly Migratory 45................. No information.
Species.
South Pacific Albacore 7.................. No information.
Troll.
Western Pacific Pelagic.. 1.................. No information.
Troll Fisheries:
Atlantic Highly Migratory 0.................. No information.
Species.
South Pacific Albacore 24................. No information.
Troll.
South Pacific Tuna 0.................. No information.
Fisheries **.
Western Pacific Pelagic.. 7.................. No information.
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
Longline Fisheries:
Northwest Atlantic Bottom 2.................. None documented.
Longline.
Pacific Highly Migratory 127................ None documented in
Species. the most recent 5
years of data.
Purse Seine Fisheries:
Pacific Highly Migratory 2.................. None documented.
Species * [supcaret].
Trawl Fisheries:
Northwest Atlantic....... 3.................. None documented.
Troll Fisheries:
Pacific Highly Migratory 93................. 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; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I:
Plan (ALWTRP)--50 CFR 229.32.
Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American
lobster trap/pot.
Northeast sink gillnet.
Category II:
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
MA mixed species trap/pot.
Northeast anchored float
gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
[[Page 55375]]
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.[supcaret]
Bottlenose Dolphin Take Reduction Plan Category I:
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
Category II:
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet
fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp
trawl.[supcaret]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.[supcaret]
VA pound net.
False Killer Whale Take Reduction Plan Category I:
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II:
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I:
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
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).
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).
------------------------------------------------------------------------
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
waters; and
[supcaret] Only applicable to the portion of the fishery operating in
the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Any entity with combined annual fishery landing receipts less than $11
million is considered a small entity for purposes of the Regulatory
Flexibility Act. Under the size standard, all entities subject to this
action were considered small entities; thus, they all would continue to
be considered small under the new standards.
Under existing regulations, all individuals participating in
Category I or II fisheries must register under the MMPA and obtain an
authorization certificate. The authorization certificate authorizes the
taking of marine mammals incidental to commercial fishing operations
under the MMPA. Additionally, individuals may be subject to a TRP and
requested to carry an observer. NMFS has estimated that up to
approximately 56,603 fishing vessels, most with annual revenues below
the SBA's small entity thresholds, may operate in Category I or II
fisheries. As fishing vessels operating in Category I or II fisheries,
they are required to register with NMFS. The MMPA registration process
is integrated with existing state and Federal licensing, permitting,
and registration programs. Therefore, individuals who have a state or
Federal fishing permit or landing license, or who are authorized
through another related state or Federal fishery registration program,
are currently not required to register separately under the MMPA or pay
the $25 registration fee. Through this integrated process, registration
under the MMPA, including the $25 registration fee, is only required
for vessels participating in a Category I or II non-permitted fishery.
All Category I and II fisheries listed on the 2023 proposed LOF are
permitted through state or Federal processes, and registration under
the MMPA is covered through the integrated process. Therefore, this
proposed rule would not impose any direct costs on small entities.
The MMPA requires any vessel owner or operator participating in a
fishery listed on the LOF to report to NMFS, within 48 hours of the end
of the fishing trip, all marine mammal incidental mortalities and
injuries that occur during commercial fishing operations. These marine
mammal mortalities and injuries are reported using a postage-paid,
Office of Management and Budget (OMB) approved form (OMB Control Number
0648-0292). This postage-paid form requires less than 15 minutes to
complete and can be dropped in any mailbox, faxed, emailed, or
completed online within 48 hours of the vessels return to port.
Therefore, recordkeeping and reporting costs associated with this LOF
are minimal and would not have a significant impact on a substantial
number of small entities.
If a vessel is requested to carry an observer, vessels will not
incur any direct economic costs associated with carrying that observer.
As a result of this certification, an initial regulatory flexibility
analysis is not required and none has been prepared. In the event that
reclassification of a fishery to Category I or II results in a TRP,
[[Page 55376]]
economic analyses of the effects of that TRP would be summarized in
subsequent rulemaking actions.
This proposed 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 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 (see ADDRESSES). You
may also submit comments on these or any other aspects of the
collection of information at https://www.reginfo.gov/public/do/PRAMain.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with a COI, subject to the requirements of the Paperwork
Reduction Act, unless that COI displays a currently valid OMB control
number.
This proposed rule has been determined to be not significant for
the purposes of Executive Orders 12866 and 13563.
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that publishing this proposed LOF
qualifies to be categorically excluded from further NEPA review,
consistent with categories of activities identified in Categorical
Exclusion G7 (``Preparation of policy directives, rules, regulations,
and guidelines of an administrative, financial, legal, technical, or
procedural nature, or for which the environmental effects are too
broad, speculative or conjectural to lend themselves to meaningful
analysis and will be subject later to the NEPA process, either
collectively or on a case-by-case basis'') of the Companion Manual and
we have not identified any extraordinary circumstances listed in
Chapter 4 of the Companion Manual for NAO 216-6A that would preclude
application of this categorical exclusion. If NMFS takes a management
action, for example, through the development of a TRP, NMFS would first
prepare an Environmental Impact Statement or Environmental Assessment,
as required under NEPA, specific to that action.
This proposed rule would not affect species listed as threatened or
endangered under the ESA or their associated critical habitat. The
impacts of numerous fisheries have been analyzed in various biological
opinions, and this rule will not affect the conclusions of those
opinions. The classification of fisheries on the LOF is not considered
to be a management action that would adversely affect threatened or
endangered species. If NMFS takes a management action, for example,
through the development of a TRP, NMFS would consult under ESA section
7 on that action.
This proposed rule would have no adverse impacts on marine mammals
and may have a positive impact on marine mammals by improving knowledge
of marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This proposed rule would not affect the land or water uses or
natural resources of the coastal zone, as specified under section 307
of the Coastal Zone Management Act.
References
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2022. U.S. Pacific Marine Mammal Stock Assessments:
2021. U.S. Department of Commerce, NOAA Technical Memorandum NMFS-
SWFSC-663. 395 p.
Carretta, J.V., J. Greenman, K. Wilkinson, J. Freed, L. Saez, D.
Lawson, J. Viezbicke, and J. Jannot. 2021. Sources of human-related
injury and mortality for U.S. Pacific west coast marine mammal stock
assessments, 2016-2020. Draft reviewed by the Pacific Scientific
Review Group in March, 2022. 140 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, J.
Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2021. U.S.
Pacific Marine Mammal Stock Assessments: 2020. U.S. Department of
Commerce, NOAA Technical Memorandum NMFS-SWFSC-646. 394 p.
Freed, J. C., N.C. Young, B.J. Delean, V.T. Helker, M.M. Muto, K.M.
Savage, S.S. Teerlink, L.A. Jemison, K.M. Wilkinson, and J.E.
Jannot. 2021. Human-Caused Mortality and Injury of NMFS-Managed
Alaska Marine Mammal Stocks, 2015-2019. U.S. Department of Commerce.
NOAA Tech. Memo. NMFS-AFSC-424, 112 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace.
editors. 2022. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock
Assessments 2021. U.S. Department of Commerce, NOAA Technical
Memorandum. 386 p.
Dated: August 30, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-19153 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P