[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50589-50613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20159]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 140325271-4271-01]
RIN 0648-BE13
List of Fisheries for 2015
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
proposed List of Fisheries (LOF) for 2015, as required by the Marine
Mammal Protection Act (MMPA). The proposed LOF for 2015 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.
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\64\ Maria Ros[aacute]rio Partid[aacute]rio, Strategic
Environmental Assessment (SEA)--current practices, future demands
and capacity-building needs (2003) (unpublished manuscript)
available at http://www.iaia.org/publicdocuments/EIA/SEA/SEAManual.pdf?AspxAutoDetectCookieSupport=1.
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DATES: Comments must be received by September 24, 2014.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2014-0040'' by any of the following methods:
(1) Electronic Submissions: Submit all electronic comments through
the Federal eRulemaking portal: http://www.regulations.gov (follow
instructions for submitting comments).
(2) Mail: Submit written comments to Chief, Marine Mammal and Sea
Turtle Conservation Division, Attn: List of Fisheries, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
Comments regarding the burden-hour estimates, or any other aspect
of the collection of information requirements contained in this rule,
should be submitted in writing to Chief, Marine Mammal and Sea Turtle
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910, or to the Office of Information
and Regulatory Affairs at [email protected].
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (e.g., name, address,
etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields, if you wish
to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Lisa White, Office of Protected
Resources, 301-427-8494; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Elizabeth
Petras, West Coast Region (CA), 562-980-3238; Brent Norberg, West Coast
Region (WA/OR), 206-526-6550; Kim Rivera, Alaska Region, 907-586-7424;
Nancy Young, Pacific Islands Region, 808-725-5156. 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
[[Page 50590]]
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: 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) in 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, 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).
Tier 2, 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).
Tier 2, 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).
While Tier 1 considers the cumulative fishery mortality and serious
injury for a particular stock, Tier 2 considers fishery-specific
mortality and serious injury for a particular stock. 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
cannot perform a tier analysis on certain fisheries. Therefore, NMFS
has classified certain fisheries by analogy to other Category I or II
fisheries that use similar fishing techniques or gear that are known to
cause mortality or serious injury of marine mammals, or according to
factors discussed in the final LOF for 1996 (60 FR 67063, December 28,
1995) and listed in the regulatory definition of a Category II fishery:
``In the absence of reliable information indicating the frequency of
incidental mortality and serious injury of marine mammals by a
commercial fishery, NMFS will determine whether the incidental
mortality or serious injury is `frequent,' `occasional,' or `remote' by
evaluating other factors such as fishing techniques, gear used, methods
used to deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or fisher reports, stranding data, and
the species and distribution of marine mammals in the area, or at the
discretion of the Assistant Administrator for Fisheries'' (50 CFR
229.2).
Further, eligible commercial fisheries not specifically identified
on the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks
incidentally killed or injured in each commercial fishery. The list of
species and/or stocks incidentally killed or injured includes
``serious'' and ``non-serious'' documented injuries as described later
in the List of Species and/or Stocks Incidentally Killed or Injured in
the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean
sections. To determine which species and stocks are included as
incidentally killed or injured in a fishery, NMFS annually reviews the
information presented in the current SARs. The SARs are based upon the
best available scientific information and provide the most current and
inclusive information on each stock's PBR level and level of
interaction with commercial fishing operations. The best available
scientific information used in the SARs reviewed for the 2015 LOF
generally summarizes data from 2007-2011. NMFS also reviews other
sources of new information, including injury determination reports,
bycatch estimation reports, observer data, logbook data, stranding
data, disentanglement network data, fisher self-reports (i.e. MMPA
reports), and anecdotal reports from that time period.
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 SAR includes an
appendix with detailed descriptions of each Category I and II fishery
on the LOF, including the observer coverage in those fisheries. The
SARs generally do not provide detailed information on observer coverage
in Category III fisheries because, under the MMPA, Category III
fisheries are generally not required to accommodate observers aboard
vessels due to the remote likelihood of mortality and serious injury of
marine mammals. Fishery information presented in the SARs' appendices
and other resources referenced during the tier analysis may include:
Level of observer coverage,
[[Page 50591]]
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 Web site at: http:[sol][sol]www.nmfs.noaa.gov/pr/
sars/. Information on observer coverage levels in Category I and II
fisheries can also be found in the Category I and II fishery fact
sheets on the NMFS Office of Protected Resources' Web site:
http:[sol][sol]www.nmfs.noaa.gov/pr/interactions/ lof/. Additional
information on observer programs in commercial fisheries can be found
on the NMFS National Observer Program's Web site:
http:[sol][sol]www.st.nmfs.gov/st4/nop/.
How do I find out if a specific fishery is in Category I, II, or III?
This rule includes three tables that list all U.S. commercial
fisheries by LOF 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 (TRTs).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in
Table 3 of the LOF, along with the number of valid High Seas Fishing
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues
HSFCA permits only for high seas fisheries analyzed in accordance with
the National Environmental Policy Act (NEPA) and the Endangered Species
Act (ESA). The authorized high seas fisheries are broad in scope and
encompass multiple specific fisheries identified by gear type. For the
purposes of the LOF, the high seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to
provide more detail on composition of effort within these fisheries.
Many fisheries operate in both U.S. waters and on the high seas,
creating some overlap between the fisheries listed in Tables 1 and 2
and those in Table 3. In these cases, the high seas component of the
fishery is not considered a separate fishery, but an extension of a
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the
fishery's name. The number of HSFCA permits listed in Table 3 for the
high seas components of these fisheries operating in U.S. waters does
not necessarily represent additional effort that is not accounted for
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also
fish within U.S. waters and are included in the number of vessels and
participants operating within those fisheries in Tables 1 and 2.
HSFCA permits are valid for five years, during which time 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: http:[sol][sol]www.nmfs.noaa.gov/ia/permits/
highseas.html.
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' Web site: http:[sol][sol]www.nmfs.noaa.gov/pr/
interactions/lof/, linked to the ``List of Fisheries by Year'' table.
NMFS is developing similar fishery fact sheets for each Category III
fishery on the LOF. However, due to the large number of Category III
fisheries on the LOF and the lack of accessible and detailed
information on many of these fisheries, the development of these
fishery fact sheets is taking significant time to complete. NMFS will
begin posting Category III fishery fact sheets online with the final
2015 LOF.
Am I required to register under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization to lawfully take non-endangered and non-threatened marine
mammals incidental to commercial fishing operations. Owners of vessels
or gear engaged in a Category III fishery are not required to register
with NMFS or obtain a marine mammal authorization.
How do I register and receive my authorization certificate and
mortality/injury reporting forms?
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 directly under the MMAP. In
the Pacific Islands, West Coast, and Alaska regions, NMFS will issue
vessel or gear owners an authorization certificate and/or mortality/
injury reporting forms via U.S. mail or with their state or Federal
license at the time of renewal. In the Greater Atlantic Region, NMFS
will issue vessel or gear owners an authorization certificate via U.S.
mail automatically at the beginning of each calendar year; but vessel
or gear owners must request or print mortality/injury reporting forms
by contacting the NMFS Greater Atlantic Regional Office at 978-281-9328
or by visiting the Greater Atlantic Regional Office Web site
(http:[sol][sol]www.nero.noaa.gov/mmap). In the Southeast region, NMFS
will issue vessel or gear owners notification of registry and vessel or
gear owners may receive their authorization certificate and/or
mortality/injury reporting form by contacting the Southeast Regional
Office at 727-209-5952 or by visiting the Southeast Regional Office Web
site (http:[sol][sol]sero.nmfs.noaa.gov/protected--resources/marine--
mammal--authorization--program/) and following the instructions for
printing the necessary documents. Mortality/injury forms are also
available online at http:[sol][sol]www.nmfs.noaa.gov/pr/pdfs/
interactions/mmap--reporting--form.pdf.
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
[[Page 50592]]
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
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 permit is required must
register with NMFS by contacting their appropriate Regional Office (see
ADDRESSES).
How do I renew my registration under the MMAP?
In Alaska regional and Greater Atlantic Regional fisheries,
registrations of vessel or gear owners are automatically renewed and
participants should receive an authorization certificate by January 1
of each new year. In Pacific Islands regional fisheries, vessel or gear
owners receive an authorization certificate by January 1 for state
fisheries and with their permit renewal for federal fisheries. In West
Coast regional fisheries, vessel or gear owners receive authorization
with each renewed state fishing license, the timing of which varies
based on target species. Vessel or gear owners who participate in
fisheries in these regions and have not received authorization
certificates by January 1 or with renewed fishing licenses must contact
the appropriate NMFS Regional Office (see ADDRESSES).
In Southeast regional fisheries, vessel or gear owners'
registrations are automatically renewed and participants will receive a
letter in the mail by January 1 instructing them to contact the
Southeast Regional Office to have an authorization certificate mailed
to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) to print their own certificate.
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip. ``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 downloaded from:
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf
or by contacting the appropriate Regional office (see ADDRESSES). Forms
may be faxed directly to the NMFS Office of Protected Resources at 301-
713-4060 or 301-713-0376. Reporting requirements and procedures can be
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 an observer may not be required
on a vessel if the facilities for quartering an observer or performing
observer functions are inadequate or unsafe; thereby exempting vessels
too small to accommodate an observer from this requirement. However,
observer requirements will not be exempted, regardless of vessel size,
for 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)). Observer requirements can be found in 50 CFR 229.7.
Am I required to comply with any marine mammal Take Reduction Plan
regulations?
Table 4 in this rule provides a list of fisheries affected by TRPs
and TRTs. TRP regulations can be found at 50 CFR 229.30 through 229.37.
A description of each TRT and copies of each TRP can be found at:
http://www.nmfs.noaa.gov/pr/interactions/trt/. 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 Marine Mammal Authorization
Program, including registration procedures and forms, current and past
LOFs, information on each Category I and II fishery, observer
requirements, and marine mammal mortality/injury reporting forms and
submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/lof/ lof/, or from any NMFS Regional Office at the addresses
listed below:
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Jessica Powell;
NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA 90802-4213, Attn: Elizabeth Petras;
NMFS, West Coast Region, Seattle Office, 7600 Sand Point Way NE.,
Seattle, WA 98115, Attn: Brent Norberg, Protected Resources Division;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th
Street, Juneau, AK 99802, Attn: Kim Rivera; or
NMFS, Pacific Islands Regional Office, Protected Resources Division,
1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Nancy Young.
Sources of Information Reviewed for the 2015 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all fisheries to determine
whether changes in fishery classification are warranted. The SARs are
based on the best scientific information available at the time of
preparation, including the level of mortality and serious injury of
marine mammals that occurs incidental to commercial fishery operations
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the
MMPA to review the science that informs the SARs, and to advise NMFS on
marine mammal population status, trends, and stock structure,
uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding data, observer program data, fisher self-
reports through the Marine Mammal Authorization Program, reports to the
SRGs, conference papers, FMPs, and ESA documents.
[[Page 50593]]
The LOF for 2015 was based on, among other things, information
provided in the NEPA and ESA documents analyzing authorized high seas
fisheries; stranding data; fishermen self-reports through the MMAP; and
SARs, primarily the draft 2013 SARs, which are generally based on data
from 2007-2011. The final SARs referenced in this LOF include: 2007 (73
FR 21111, April 18, 2008), 2008 (74 FR 19530, April 29, 2009), 2009 (75
FR 12498, March 16, 2010), 2010 (76 FR 34054, June 10, 2011), 2011 (77
FR 29969, May 21, 2012), and 2012 (78 FR 19446, April 1, 2013), and the
draft SAR for 2013 (78 FR 66681, November 6, 2013). The SARs are
available at: http://www.nmfs.noaa.gov/pr/sars/.
Summary of Changes to the LOF for 2015
The following summarizes proposed changes to the LOF for 2015,
including the fisheries listed in the LOF, the estimated number of
vessels/persons in a particular fishery, and the species and/or stocks
that are incidentally killed or injured in a particular fishery. The
proposed LOF for 2015 proposes no re-classifications of the fisheries
provided in the LOF for 2014. NMFS proposes changes to the list of
species and/or stocks killed or injured in certain fisheries and the
estimated number of vessels/persons in certain fisheries, as well as
certain administrative changes. Additionally, NMFS proposes adding 6
Category III fisheries to the LOF and removing 6 fisheries from the
LOF. The classifications and definitions of U.S. commercial fisheries
for 2015 are identical to those provided in the LOF for 2014 with the
proposed changes discussed below. State and regional abbreviations used
in the following paragraphs include: AK (Alaska), CA (California), DE
(Delaware), FL (Florida), GMX (Gulf of Mexico), HI (Hawaii), MA
(Massachusetts), ME (Maine), NC (North Carolina), NY (New York), OR
(Oregon), RI (Rhode Island), SC (South Carolina), VA (Virginia), WA
(Washington), and WNA (Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Addition of Fisheries
NMFS proposes to add ``HI aquarium collecting'' as a Category III
fishery. This fishery is conducted primarily in Hawaii state waters,
and includes fishing with small meshed nets, except throw nets, and
small meshed traps for aquatic life that is kept alive for display. The
fishery targets coral reef species for the aquarium trade. The fishery
is managed by the Hawaii Department of Land and Natural Resources,
Division of Aquatic Resources (DAR). An annual permit to collect reef
fish is required. Regional bag, slot, and species-specific bans on live
harvest may apply in certain designated areas. There have been no
documented interactions of this fishery with marine mammals.
Removal of Fisheries
NMFS proposes to remove the Category III ``OR salmon ranch''
fishery from the LOF because this fishery no longer exists. The salmon
ranching industry in Oregon ended in 1994. A commercial salmon ranch in
Oregon must have a private salmon hatchery permit issued by the Oregon
Department of Fish and Wildlife (ODFW). NMFS contacted the ODFW, which
informed us that as of 2013 there are no active private hatchery
permits issued by ODFW and no permits are anticipated for the future.
NMFS proposes to remove the Category III ``WA herring brush weir''
fishery because brush weirs have not been used in the herring fishery
since 1994 and the brush weir fishery is considered obsolete. The brush
weir, a type of marine impoundment or fish trap, was defined as a gear
type for herring harvest by the Washington Department of Fish and
Wildlife in 1973, but was removed from the Department's list of lawful
gear types for use in the herring fishery in 1994.
NMFS proposes to remove the Category III ``WA herring spawn on
kelp'' fishery as there are currently no participants in this fishery.
In 1972, a sac-roe fishery targeting Cherry Point herring stock began
in northern Puget Sound. The fishery peaked in the mid-1970s but
declines in the north Puget Sound herring stocks, including Cherry
Point, led to closure of the fishery by the mid-1980s. In 1988, a non-
treaty herring spawn on kelp fishery opened on the Cherry Point stock.
However, the decline in Cherry Point herring stock abundance in the
mid-1990s led to closure of the spawn on kelp fishery and it has
remained closed.
NMFS proposes to remove the Category III ``CA abalone'' fishery,
listed under the ``dive, hand/mechanical collection fisheries'' section
of Table 1 as this is not a commercial fishery. Although there is a
limited recreational fishery for abalone, it is illegal to harvest wild
abalone for commercial sale anywhere in California.
NMFS proposes to remove the Category III ``HI lobster tangle net''
fishery from the LOF. The fishery had zero participants in 2011 and
2012, the most recent years for which data are available.
NMFS proposes to remove the Category III ``HI charter vessel''
fishery from the LOF. Commercial fishing effort with the gears and
methods used in charter fishing (e.g., troll, inshore handline, deep
sea handline, casting) is already accounted for in those individual
fisheries on the LOF.
Fishery Name and Organizational Changes and Clarification
NMFS proposes to rename the Category II ``WA coastal Dungeness crab
pot/trap'' fishery to ``WA coastal Dungeness crab pot.'' The proposed
change will be consistent with state regulations and the name commonly
used to describe this fishery. This proposed change will also make the
name consistent with the names for the California and Oregon Dungeness
crab pot fisheries.
NMFS proposes to rename the Category III ``WA/OR North Pacific
halibut longline/setline'' to the ``WA/OR Pacific halibut longline''
fishery to reflect that Pacific halibut is the correct common name for
the fishery target species Hippoglossus stenolepis. In addition,
setline is not used in this fishery and thus is proposed to be
eliminated from the current name.
NMFS proposes to rename the Category III ``Coastwide scallop
dredge'' fishery to the ``Alaska scallop dredge'' because there is no
scallop dredge fishery off Washington, Oregon, and California. Dredge
gear is prohibited to protect groundfish essential fish habitat (see 50
CFR Section 660.312), and conforming regulations have been adopted by
these three coastal states. Alternative gear types (bottom trawl, hand
pick/dive) have not been utilized in recent years. The scallop fishery
off Alaska harvests weathervane scallops, and there have been no U.S.
commercial landings of scallops off the U.S. West Coast south of Alaska
since 2006. The State of Alaska has been delegated authority to manage
the scallop dredge fishery in state waters and the EEZ off Alaska under
the Scallop FMP developed by the North Pacific Fishery Management
Council. There is a federally administered license limitation program
that limits effort in the fishery.
NMFS proposes to rename the Category III ``OR/CA hagfish pot or
trap'' to the ``WA/OR/CA hagfish pot'' fishery because the fishery
includes participants in Washington. Landings of hagfish from the pot
fishery between 2004 and 2008 averaged 50,000 to 100,000 pounds for
ports in Washington (Saez et al. 2013). In addition, the fishery is
referred to as a pot fishery;
[[Page 50594]]
therefore, NMFS is proposing to remove the word ``trap'' from the
title.
NMFS proposes to rename the Category I ``HI deep-set (tuna target)
longline/set line'' fishery to ``HI deep-set longline.'' This fishery
uses deep-set longline gear, as defined in regulations (50 CFR
665.800). Specification of the target species in the fishery name is
not necessary to differentiate it from shallow-set fishing.
NMFS proposes to rename the Category II ``HI shallow-set (swordfish
target) longline/set line'' fishery to ``HI shallow-set longline.''
This fishery uses shallow-set longline gear, as defined in regulations
(50 CFR 665.800). Specification of the target species in the fishery
name is not necessary to differentiate it from deep-set fishing.
NMFS proposes to rename the Category III ``HI opelu/akule net''
fishery to ``HI lift net.'' Standard nets used to catch opelu are
called lift nets, while standard nets used to catch akule are called
purse seine nets (see the ``HI purse seine'' fishery). These nets have
different configurations and are used differently. This proposed change
will harmonize state and federal terminology for these fisheries,
reduce confusion, and enhance collaborative management.
NMFS proposes to rename Category III ``HI hukilau net'' fishery to
``HI seine net.'' Seine net is a broader term, encompassing hukilau.
This proposed change will harmonize State and Federal terminology for
these fisheries, reduce confusion, and enhance collaborative
management.
NMFS proposes to rename the Category III ``HI vertical longline''
fishery to ``HI vertical line.'' The fishery uses a vertical mainline
less than one nautical mile in length, so it does not meet the State or
Federal definition of longline. This proposed change will harmonize
State and Federal terminology for these fisheries, reduce confusion,
and enhance collaborative management.
NMFS proposes to rename the Category III ``HI MHI deep-sea
bottomfish handline'' fishery to ``HI bottomfish handline'' to clarify
the fishery's target species. This fishery corresponds with the State's
deep-sea handline fishing method.
NMFS proposes to rename the Category III ``HI tuna handline''
fishery to ``HI pelagic handline.'' The pelagic handline fishery
targets tunas and other pelagic fish species. This fishery corresponds
with the State's ika-shibi, palu ahi, and hybrid handline fishing
methods.
NMFS proposes to split the Category III ``CA coonstripe shrimp,
rock crab, tanner crab pot or trap'' fishery into two Category III
fisheries, ``CA/OR coonstripe shrimp pot'' and ``CA rock crab pot,''
and eliminate the tanner crab component of the pot fishery. The ``CA/OR
coonstripe pot'' fishery is a relatively small fishery with the
majority of effort in northern California with some landings made in
Oregon (Saez et al. 2013). Therefore, it is appropriate to revise the
name to reflect effort in California and Oregon. The ``CA rock crab
pot'' fishery is a significant fishery throughout much of California.
It is distinct in time and area fished, compared to other pot
fisheries, and, thus, appropriate to be listed as a separate fishery.
In addition, the state of California has regulations in place for
managing this fishery. NMFS proposes removing tanner crab from the
title because tanner crab is not a target species for an existing pot
fishery in California. California established regulations over a decade
ago for experimental fishery permits to support the development of a
tanner crab fishery; however, no permits have been issued. At this
time, there is no expectation that a tanner crab directed pot fishery
will develop, thus, NMFS proposes to remove this species as a component
of either of the newly named fisheries.
NMFS proposes to split the Category III ``HI trolling, rod and
reel'' fishery into two separate Category III fisheries, the ``HI
troll'' and ``HI rod and reel'' fisheries. Although the gear types used
may be similar in some cases, the methods used are different, which may
affect the likelihood of encountering or interacting with marine
mammals. Trolling involves fishing by towing or dragging line(s) with
artificial lure(s) or dead or live bait, or green stick and danglers
using a sail, surf, or motor-powered vessel underway. Rod and reel
fishing can be conducted from shore or from an anchored or drifting
vessel using a spinning or casting reel (spinning or casting) with
baited hooks or lures. We propose to retain Pantropical spotted dolphin
(HI stock) on the list of species injured or killed in the HI troll
fishery, but not the HI rod and reel fishery, given that fishing in
close proximity to groups of spotted dolphins and anecdotal reports of
spotted dolphin hookings occur in the troll fishery, but not the rod
and reel fishery.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the commercial fisheries in the Pacific Ocean (Table 1). Updates are
based on state and federal fisheries permit data. The estimated number
of vessels/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/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/persons in the fishery. NMFS acknowledges that, in some cases,
these estimates may be inflations of actual effort. However, in these
cases, the numbers represent the potential effort for each fishery,
given the multiple gear types for which several state permits may
allow, and thus the potential impact on marine mammals.
NMFS proposes to update the estimated number of vessels/persons as
follows. Fisheries are labeled with their proposed name on the 2015
LOF:
------------------------------------------------------------------------
Number of Number of
vessels/ vessels/
Category Fishery persons persons
(final 2014 (proposed
LOF) 2015 LOF)
------------------------------------------------------------------------
I................... HI deep-set 129 128
longline.
II.................. AK Bristol Bay 1,863 1,862
salmon drift
gillnet.
II.................. AK Bristol Bay 982 979
salmon set
gillnet.
II.................. AK Cook Inlet 738 736
salmon set
gillnet.
II.................. AK Peninsula/ 114 113
Aleutian Islands
salmon drift
gillnet.
II.................. AK Yakutat salmon 167 168
set gillnet.
II.................. AK Cook Inlet 82 83
salmon purse
seine.
II.................. AK Kodiak salmon 379 376
purse seine.
[[Page 50595]]
II.................. AK Bering Sea, 34 32
Aleutian Islands
flatfish trawl.
II.................. AK Bering Sea, 95 102
Aleutian Islands
pollock trawl.
II.................. AK Bering Sea, 10 17
Aleutian Islands
rockfish trawl.
II.................. HI shallow-set 20 18
longline.
II.................. American Samoa 24 25
longline.
II.................. HI shortline...... 11 6
III................. AK Kuskokwim, 1,702 1,778
Yukon, Norton
Sound, Kotzebue
salmon gillnet.
III................. AK miscellaneous 2 54
finfish set
gillnet.
III................. AK Prince William 30 29
Sound salmon set
gillnet.
III................. AK roe herring and 990 920
food/bait herring
gillnet.
III................. HI inshore gillnet 36 42
III................. AK Southeast 415 315
salmon purse
seine.
III................. AK miscellaneous 1 2
finfish beach
seine.
III................. AK roe herring and 6 10
food/bait herring
beach seine.
III................. AK roe herring and 367 356
food/bait herring
purse seine.
III................. AK salmon purse 935 936
seine (excluding
salmon purse
seine fisheries
listed as
Category II).
III................. HI lift net....... 22 21
III................. HI throw net, cast 29 20
net.
III................. HI seine net...... 26 21
III................. AK North Pacific 1,320 1,320
halibut, AK (120 AK) (180 AK)
bottom fish, WA/
OR/CA albacore,
groundfish,
bottom fish, CA
halibut non-
salmonid troll
fisheries.
III................. AK salmon troll... 2,008 1,908
III................. AK Bering Sea, 154 45
Aleutian Islands
Pacific cod
longline.
III................. AK Bering Sea, 0 3
Aleutian Islands
rockfish longline.
III................. AK Bering Sea, 36 4
Aleutian Islands
Greenland turbot
longline.
III................. AK Bering Sea, 28 22
Aleutian Islands
sablefish
longline.
III................. AK Gulf of Alaska 1,302 855
halibut longline.
III................. AK Gulf of Alaska 107 92
Pacific cod
longline.
III................. AK Gulf of Alaska 0 25
rockfish longline.
III................. AK Gulf of Alaska 291 295
sablefish
longline.
III................. AK halibut 2,280 2,197
longline/set line
(state and
Federal waters).
III................. AK octopus/squid 2 3
longline.
III................. AK state-managed 1,323 464
waters longline/
setline
(including
sablefish,
rockfish,
lingcod, and
miscellaneous
finfish).
III................. HI kaka line...... 17 24
III................. HI vertical line.. 9 6
III................. AK Bering Sea, 9 13
Aleutian Islands
Atka mackerel
trawl.
III................. AK Bering Sea, 93 72
Aleutian Islands
Pacific cod trawl.
III................. AK Gulf of Alaska 41 36
flatfish trawl.
III................. AK Gulf of Alaska 62 55
Pacific cod trawl.
III................. AK Gulf of Alaska 62 67
pollock trawl.
III................. AK Gulf of Alaska 34 43
rockfish trawl.
III................. AK shrimp otter 33 38
trawl and beam
trawl (statewide
and Cook Inlet).
III................. AK statewide 243 4
miscellaneous
finfish pot.
III................. AK Aleutian 8 4
Islands sablefish
pot.
III................. AK Bering Sea, 68 59
Aleutian Islands
Pacific cod pot.
III................. AK Bering Sea, 296 540
Aleutian Islands
crab pot.
III................. AK Bering Sea 6 2
sablefish pot.
III................. AK Gulf of Alaska 389 381
crab pot.
III................. AK Gulf of Alaska 154 128
Pacific cod pot.
III................. AK Southeast 415 41
Alaska crab pot.
III................. AK Southeast 274 269
Alaska shrimp pot.
III................. AK shrimp pot, 210 236
except Southeast.
III................. HI crab trap...... 9 7
III................. HI fish trap...... 9 5
III................. HI shrimp trap.... 4 6
III................. HI crab net....... 6 4
III................. HI Kona crab loop 48 35
net.
III................. AK octopus/squid 0 7
handline.
III................. American Samoa 12 14
bottomfish
handline.
III................. HI aku boat, pole 3 < 3
and line.
III................. HI bottomfish 567 578
handline.
III................. HI inshore 378 376
handline.
III................. HI pelagic 459 484
handline.
III................. AK herring spawn 411 409
on kelp pound net.
III................. AK Southeast 4 2
herring roe/food/
bait pound net.
III................. AK scallop dredge. 108 108
(12 AK) (5 AK)
III................. AK clam........... 156 130
III................. AK herring spawn 266 339
on kelp.
[[Page 50596]]
III................. AK urchin and 521 398
other fish/
shellfish.
III................. HI fish pond...... 16 5
III................. HI handpick....... 57 58
III................. HI lobster diving. 29 23
III................. HI spearfishing... 143 159
------------------------------------------------------------------------
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS proposes to update the list of species and/or stocks
incidentally killed or injured by fisheries in the Pacific Ocean (Table
1). The agency notes here that while only mortalities and ``serious
injuries'' are used to categorize fisheries as Category I, II, or III,
the list of species and/or stocks incidentally killed or injured
includes stocks that have any documented mortalities or injuries,
including ``non-serious'' injuries. For information on how NMFS
determines whether a particular injury is serious or non-serious,
please see NMFS Instruction 02-038-01, ``Process for Distinguishing
Serious from Non-Serious Injury of Marine Mammals'' (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS proposes the
following updates:
NMFS proposes to add the Central North Pacific stock of humpback
whales to the list of species and/or stocks killed or injured in the
Category III HI crab trap fishery. From 2007-2011, five humpback whales
were reported as entangled in Hawaii trap gear (Lyman 2013, NMFS
unpublished data). The gear involved in two of the five entanglements
was identified as crab trap gear, the gear involved in one was
identified as possibly crab trap gear, and the gear involved in the
remaining two could not be identified to a specific trap fishery (NMFS
unpublished data). Pre-mitigation injury determinations for the crab
trap and possible crab trap entanglements were two serious injuries and
one prorated as 0.75 serious injury (Bradford and Lyman 2013, NMFS
unpublished data). Based on these data, humpback serious injury and
mortality in the crab trap fishery from 2007-2011 is 2.75, with a 5-
year annual average of 0.55 per year. The fishery remains a Category
III fishery based on the following tier analysis: Tier 1: The stock's
PBR level is 61.2 (Allen and Angliss 2013). Total commercial fishery-
related mortality and serious injury of this stock from 2007-2011 is an
average of 1.1 per year (0.55 from confirmed commercial fisheries, as
reported in Allen and Angliss 2013, plus 0.55 from the Hawaii crab trap
fishery noted above), which is 1.8% of the stock's PBR. This is less
than 10% of the PBR, so a Tier 2 analysis is not necessary. The Hawaii
crab trap fishery warrants Category III classification.
NMFS proposes to add the South Central Alaska stock of northern sea
otters to the list of species and/or stocks killed or injured in the
Category II AK Cook Inlet salmon set gillnet fishery. Sea otter
mortalities were documented in set nets in Seldovia Bay and Clam Gulch
in 2009.
NMFS proposes to add the South Central Alaska stock of northern sea
otters to the list of species and/or stocks killed or injured in the
Category III AK Prince William Sound set gillnet fishery. A sea otter
mortality was documented in a set net near Egg Island in 2013.
NMFS proposes to add the Alaska stock of ringed seals to the list
of species and/or stocks killed or injured in the Category III AK
Bering Sea, Aleutian Islands Pacific cod trawl fishery. An observer
report documented a ringed seal mortality in 2011.
NMFS proposes to add the Alaska stock of ringed seals to the list
of species and/or stocks killed or injured in the Category III AK
Bering Sea, Aleutian Islands Pacific cod longline fishery. An observer
report documented a ringed seal mortality in 2011.
NMFS proposes to remove the Hawaiian monk seal from the list of
species and/or stocks killed or injured in the Category III HI MHI deep
sea bottomfish handline fishery (proposed to be renamed ``HI bottomfish
handline''). Although the SAR reports monk seal hookings in the main
Hawaiian Islands, no mortalities or injuries are attributed to the
deep-sea bottomfish handline fishery (Carretta et al. 2013).
NMFS proposes to remove the Hawaiian monk seal from the list of
species and/or stocks killed or injured in the Category III HI lobster
trap fishery. The Hawaiian monk seal has been listed as injured or
killed in the lobster trap fishery since the fishery was added to the
LOF in 1996. Lobster trap fishing effort in Hawaii is substantially
different now than when it was originally added to the LOF. Commercial
fishing is now prohibited within the Papahanaumokuakea Marine National
Monument in the Northwest Hawaiian Islands, where most lobster trap
fishing in Hawaii historically occurred, and lobster trap fishing
effort is very low within the main Hawaiian Islands, with fewer than
three active commercial fishermen. There are no reports of monk seal
entanglements involving this gear since 1986, when one monk seal died
in a trap in the Northwestern Hawaiian Islands. The SAR reports no monk
seal mortalities or injuries in the fishery (Carretta et al. 2013).
NMFS previously retained this species on the list of species and/or
stocks injured or killed in this fishery because monk seals in the main
Hawaiian Islands are hooked and entangled in fishing gear at a rate
that cannot be reliably assessed. However, given the very low fishing
effort and lack of any reports of monk seal injuries or mortalities in
this fishery in almost 20 years, NMFS proposes to remove the species
from the list of species injured or killed in the lobster trap fishery.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Addition of Fisheries
NMFS proposes to add the Gulf of Maine sea urchin dredge to the
list of Category III fisheries. Sea urchin dredges are used in state
waters in the Gulf of Maine to harvest green sea urchins
(Strongylocentrotus drobachiensis). This fishery uses dredge gear that
has an upturned, sled-like shape at the front that includes several
automobile leaf springs tied together with a steel bar. A tow bail is
welded to one of the springs and a chain mat is rigged behind the mouth
box frame. The frame is fitted with skids or wheels. The springs act as
runners, enabling the sled to move over rocks without hanging up. The
chain mat scrapes up the urchins. The bag is fitted with a cod-end for
ease of emptying. This gear is generally used in depths up to 27.5 m
(90ft) (Stevenson et al., 2004). There have been no
[[Page 50597]]
documented interactions of this fishery with marine mammals. This
fishery is not currently observed and is not managed under a federal
fishery management plan (FMP).
NMFS proposes to add the Mid-Atlantic blue crab dredge fishery to
the list of Category III fisheries. Blue crabs (Callinectes sapidus)
are harvested with dredges (or ``scrapes'') similar to oyster dredges
in state waters in New York, New Jersey, Delaware, Virginia, and North
Carolina. Stem-rig dredge boats (approximately 15m (49-ft) long) tow
two dredges in tandem from a single chain warp. The dredges are
equipped with 10-cm (4-in) long teeth that rake the crabs out of the
bottom (Stevenson et al., 2004). There have been no documented
interactions of this fishery with marine mammals. This fishery is not
currently observed. It is managed under interstate FMPs.
NMFS proposes to add the Mid-Atlantic whelk dredge fishery to the
list of Category III fisheries. In this fishery, assorted dredges or
rakes may be used to target channeled and knobbed whelks (Busycon
canaliculatus and B. carica, respectively) in New York, Delaware, and
Virginia (Stevenson et al. 2004). Toothed crab dredges and dredges with
a toothless bar or a chain in place of the toothed bar may be used
(Bruce 2006). There have been no documented interactions of this
fishery with marine mammals. This fishery is not currently observed and
is not managed under a federal fishery management plan.
NMFS proposes to add the Mid-Atlantic soft shell clam dredge
fishery to the list of Category III fisheries. This fishery uses
hydraulic dredges to target soft shell clams (Mya arenaria) in the
state waters of Maryland and Virginia. In this fishery, the dredge
manifold and blade are located just forward of an escalator, or
conveyor belt, that carries the clams to the deck of the vessel.
Escalator dredges are typically operated from 15-m (49-ft) vessels in
water depths of 2-6 m (7-20 ft). This gear cannot be operated in water
depths less than one-half the length of the escalator. Use of the
escalator dredge is not managed under federal FMPs. This gear is
subject to many of the same state laws and regulations that apply to
surf clam and ocean quahog dredges in state waters (Stevenson et al.,
2004). There have been no documented interactions of this fishery with
marine mammals. This fishery is not currently observed.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS proposes the following additions to and deletions from the
list of marine mammal species and/or stocks incidentally killed or
injured in commercial fisheries in the Atlantic, Gulf of Mexico, and
Caribbean (Table 2). These additions and deletions are based on
information contained in the U.S. Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments, strandings data, and/or observer data. The
agency notes here that while only mortalities and ``serious injuries''
are used to categorize fisheries as Category I, II, or III, the list of
species and/or stocks incidentally killed or injured includes stocks
that have any documented mortalities or injuries, including ``non-
serious'' injuries. For information on how NMFS determines whether a
particular injury is serious or non-serious, please see NMFS
Instruction 02-038-01, ``Process for Distinguishing Serious from Non-
Serious Injury of Marine Mammals'' (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS proposes the following updates:
NMFS proposes to add the Canadian East Coast stock of minke whales
to the list of species and/or stocks incidentally killed or injured by
the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery. In 2010, a minke whale was caught in the pelagic
longline fishery, South Atlantic Bight fishing area; it was released
alive and not seriously injured (Garrison and Stokes, 2012 cited in
Waring et al., 2013).
NMFS proposes to add the Western North Atlantic stock of Kogia
species whale (pygmy or dwarf sperm whale) to the list of species and/
or stocks incidentally killed or injured in the Category I Atlantic
Ocean, Caribbean, and Gulf of Mexico large pelagics longline fishery. A
2011 observer report documented this fishery seriously injuring a Kogia
species.
NMFS proposes to add the Western North Atlantic stock of false
killer whale to the list of species and/or stocks incidentally killed
or injured in the Category I Atlantic Ocean, Caribbean, and Gulf of
Mexico large pelagics longline fishery. A 2011 observer report
documented a false killer whale injury by this fishery.
NMFS proposes to add the Florida stock of West Indian manatee to
the list of species and/or stocks incidentally killed or injured by the
Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl
fishery. A manatee was killed in 2010 by the Georgia in-shore bait
fishery, which is included in this fishery (USFWS, 2014).
NMFS proposes to update the stock names of bottlenose dolphins on
the list of species and/or stocks incidentally killed or injured in
Atlantic Ocean, Gulf of Mexico, and Caribbean fisheries to align with
recently identified stocks in the SARs. In 2009, NMFS began splitting
stock complexes of bottlenose dolphins into individually defined stocks
in the SARs. Specifically, the WNA Coastal stocks were split into 15
stocks between 2009 and 2013: 1. Biscayne Bay stock, 2. Central Florida
coastal stock, 3. Charleston Estuarine System stock, 4. Florida Bay
stock, 5. Indian River Lagoon Estuarine System stock, 6. Jacksonville
Estuarine System stock, 7. Northern Florida Coastal stock, 8. Northern
Georgia/Southern South Carolina Estuarine System stock, 9. Northern
South Carolina Estuarine System stock, 10. Northern Migratory Coastal
stock, 11. Northern North Carolina Estuarine System stock, 12. SC/GA
coastal, 13. Southern Georgia Estuarine System stock, 14. Southern
Migratory coastal, and 15. Southern North Carolina Estuarine System
stock.
Bottlenose dolphins on the Atlantic coast were listed on the LOF,
through 2010, by the stock complex name ``bottlenose dolphin, WNA
coastal.'' In the 2011-2014 LOFs, newly defined bottlenose dolphin
stocks broken out from the WNA coastal complex were added to the list
of species and/or stocks incidentally killed or injured by a fishery if
they overlapped in time and space with the fishery and if the fishery
had been originally listed as interacting with the ``WNA coastal''
stock. Some newly defined stocks were also added based on spatial and
temporal overlap with a fishery take documented in self-reports,
strandings data, or observer data. Along the Atlantic coast, there is
some uncertainty regarding which of the 15 newly identified bottlenose
dolphin stocks or combination of stocks interact with Atlantic
fisheries. Due to spatial and temporal overlap of stocks with active
fisheries and uncertainty in stock identification for historic takes it
is unclear, in some cases, exactly which stock a fishery take should be
assigned to and in these instances all potential stocks in range of the
take were historically added.
Beginning with this 2015 LOF, we will add a bottlenose dolphin
stock to the list of species and/or stocks incidentally killed or
injured only if a fishery take can be definitively identified to a
specific stock. If the fishery mortality or injury cannot be
[[Page 50598]]
definitively identified to a particular stock due to multiple stocks
overlapping in time and space with the fishery take location, then we
will list ``bottlenose dolphin, unknown'' on the LOF with the potential
stock names within range in parentheses. We will review the bottlenose
dolphin stocks currently listed on the LOF to ensure that they are
consistent with this new approach and include any necessary corrections
in future LOFs.
We propose to update the list of species and/or stocks on Table 2
to reflect the following administrative changes:
1. Add the Northern South Carolina estuarine system stock to the
Category II Atlantic blue crab trap/pot fishery. Burdett and McFee
(2004) reviewed bottlenose dolphin strandings in South Carolina and
found bottlenose dolphin entanglements associated with the blue crab
fishery.
2. Add unknown stocks of bottlenose dolphin to the Category II
Southeastern U.S. Atlantic shark gillnet fishery. We propose to rename
the Central Florida coastal stock and Northern Florida coastal stocks
as ``Bottlenose dolphin, unknown stocks.'' There is some uncertainty
regarding which of four bottlenose dolphin stocks or combination of
stocks interact with the Southeastern U.S. Atlantic shark gillnet
fishery. Due to spatial overlap of stocks when the fishery is active
and uncertainty in stock identification for historic takes,
interactions with this fishery can be either assigned to the Central
Florida coastal stock, Northern Florida coastal stock, Southern
migratory coastal stock, or South Carolina/Georgia coastal stock.
3. Add unknown stocks of bottlenose dolphin to the Category II
North Carolina roe mullet stop net fishery. There is some uncertainty
regarding which of the bottlenose dolphin stocks or combination of
stocks interact with the North Carolina roe mullet stop net fishery.
Due to spatial overlap of stocks when the fishery is active and
uncertainty in stock identification for some historic takes, we propose
to combine the Southern North Carolina estuarine system stock and the
Southern migratory coastal stock as ``Bottlenose dolphin, unknown
stock.''
NMFS proposes to add two stocks of bottlenose dolphins, Charleston
estuarine system and Southern migratory coastal, to the list of the
species and/or stocks incidentally killed or injured in the Category II
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. We
propose to add the Charleston estuarine system stock based on a take
reported in a 2013 MMPA mortality/injury report. We propose to add the
Southern migratory coastal stock based on a dolphin mortality in 2006
in a fisheries research shrimp trawl.
NMFS proposes to add the Northern North Carolina estuarine system
stock of bottlenose dolphins to the list of species and/or stocks
incidentally killed or injured in the Category II North Carolina roe
mullet stop net fishery. A Northern North Carolina estuarine system
bottlenose dolphin mortality was reported in a 2013 MMPA mortality/
injury report.
NMFS proposes to add the Northern South Carolina estuarine system
stock of bottlenose dolphins to the list of species and/or stocks
incidentally killed or injured in the Category III Southeast Atlantic
inshore gillnet fishery. Based on strandings data, a mortality in this
fishery was documented in 2011.
NMFS proposes to add two stocks of bottlenose dolphins,
Choctawhatchee Bay and Florida Bay, to the list of species and/or
stocks incidentally killed or injured in the Category III Atlantic
Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel
fishery. In 2008, there was a Choctawhatchee Bay dolphin calf mortality
as a result of an attempt to disentangle the animal from monofilament
line. We propose to add the Florida Bay stock based on an at-sea
observation in 2011 of a Florida Bay dolphin entangled in monofilament.
NMFS proposes to remove the Western North Atlantic stock of gray
seal from the list of species and/or stocks incidentally killed or
injured in the Category III Gulf of Maine herring and Atlantic mackerel
stop seine/weir fishery. According to Waring et al. (2013), there have
been no reports of gray seal injuries or deaths caused by the Gulf of
Maine herring and Atlantic mackerel stop seine/weir fishery over the
past five years. We are soliciting public input through the 2015
Proposed List of Fisheries as to whether or not anecdotal evidence
exists for keeping this species listed as a species injured or killed
by this Category III fishery.
NMFS proposes to remove the Western North Atlantic stock of long-
finned and short-finned pilot whales from the list of species and/or
stocks incidentally killed or injured in the Category I Mid-Atlantic
gillnet fishery. The last known documented take of a pilot whale (sp.)
in this fishery was in 1998.
NMFS proposes to remove the Western North Atlantic stock of
Northern bottlenose whale from the list of species and/or stocks
incidentally killed or injured in the Category I Atlantic Ocean,
Caribbean, Gulf of Mexico large pelagics longline fishery. This species
was listed by analogy in the 2007 LOF due to a fishery interaction in
2001 in the U.S. Northeast Distant Waters (NED) experimental pelagic
longline fishery in Canadian waters where the animal taken was observed
to be seriously injured. Since 2001, there have been no additional
takes documented in this fishery despite continued observer coverage in
this fishery.
NMFS proposes to make the following typographical corrections to
the list of marine mammal species and/or stocks incidentally killed or
injured: Remove Northern migratory coastal stock of bottlenose dolphin
from the NC roe mullet stop net fishery; add Northern migratory coastal
stock of bottlenose dolphin to, and remove Southern North Carolina
estuarine system stock of bottlenose dolphin from, the VA pound net
fishery; and add Gulf of Mexico stock of Gervais beaked whale to the
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline.
NMFS proposes to correct a stock name listed under the Category III
Georgia cannonball jellyfish trawl fishery from ``Southern South
Carolina/Georgia'' stock of bottlenose dolphins to ``SC/GA coastal''
stock.
Commercial Fisheries on the High Seas
Addition of Fisheries
NMFS proposes to add the Northwest Atlantic trawl fishery to the
list of Category III fisheries. This fishery is also managed under the
Convention on Future Multilateral Cooperation in the Northwest Atlantic
Fisheries (16 U.S.C. 5601) and operates in the Northwest Atlantic
Fisheries Organization's (NAFO) Regulatory Area (NRA) in accordance
with NAFO's Conservation and Enforcement Measures. The NRA is located
roughly north of 35[deg] N latitude and west of 42[deg] W longitude in
the Northwest Atlantic outside of the Exclusive Economic Zones of the
United States, Canada, France (with respect to St. Pierre and
Miquelon), and Denmark (with respect to Greenland). Yellowtail
flounder, American plaice, wolfish (unclassified), skates, Atlantic
cod, haddock, Atlantic halibut, monkfish, redfish, Greenland halibut,
shrimp, and Illex squid are the primary target species for this
fishery. We propose to list this fishery as Category III because the
high seas Northwest Atlantic trawl fishery has operated with 100%
observer coverage for the two years of its operation and no marine
mammal interactions have been documented.
[[Page 50599]]
NMFS proposes to add the Northwest Atlantic bottom longline fishery
to the list of Category III fisheries. This fishery is managed under
the Convention on Future Multilateral Cooperation in the Northwest
Atlantic Fisheries (16 U.S.C. 5601) and operates in the NRA in
accordance with NAFO's Conservation and Enforcement Measures. The high
seas Northwest Atlantic bottom longline fishery began operation in
2014. Based on analogy to other bottom longline fisheries, we
anticipate that this fishery will have a remote likelihood of
incidental mortality or serious injury of marine mammals. Therefore, we
propose to list this fishery as Category III.
Number of Vessels/Persons
NMFS proposes to update the estimated number of HSFCA permits in
multiple high seas fisheries for multiple gear types (Table 3). The
proposed updated numbers of HSFCA permits reflect the current number of
permits in the NMFS National Permit System database, with the exception
of the Western Pacific Pelagic HI deep-set and shallow-set component
longline fisheries. The HSFCA permit does not distinguish between deep
and shallow-set, therefore, the estimated number of participants from
Table 1 for only these fisheries is used. NMFS proposes to update the
estimated number of HSFCA permits as follows:
------------------------------------------------------------------------
Number of Number of
HSFCA permits HSFCA permits
Category Fishery (final 2014 (proposed 2015
LOF) LOF)
------------------------------------------------------------------------
I................... Atlantic Highly 84 83
Migratory Species
Longline.
I................... Western Pacific 124 128
Pelagic (HI Deep-
set component).
II.................. South Pacific Tuna 40 38
Fisheries Purse
Seine.
II.................. Western Pacific 28 18
Pelagic (HI
Shallow-set
component).
II.................. Atlantic Highly 3 2
Migratory Species
Handline/Pole and
Line.
II.................. Pacific Highly 46 41
Migratory Species
Handline/Pole and
Line.
II.................. South Pacific 9 8
Albacore Troll
Handline/Pole and
Line.
II.................. Western Pacific 5 3
Pelagic Handline/
Pole and Line.
II.................. Atlantic Highly 4 2
Migratory Species
Troll.
II.................. South Pacific 33 35
Albacore Troll.
II.................. South Pacific Tuna 2 3
Fisheries Troll.
II.................. Pacific Highly 3 1
Migratory Species
Liners Nei.
III................. Pacific Highly 101 100
Migratory Species
Longline.
III................. Pacific Highly 8 5
Migratory Species
Purse Seine.
III................. Pacific Highly 262 253
Migratory Species
Troll.
------------------------------------------------------------------------
List of Species and/or Stocks Incidentally Killed or Injured in High
Seas Fisheries
NMFS proposes to update the list of species and/or stocks
incidentally killed or injured by fisheries in high seas fisheries
(Table 3). The agency notes here that while only mortalities and
``serious injuries'' are used to categorize fisheries as Category I,
II, or III, the list of species and/or stocks incidentally killed or
injured includes stocks that have any documented mortalities or
injuries, including ``non-serious'' injuries. For information on how
NMFS determines whether a particular injury is serious or non-serious,
please see NMFS Instruction 02-038-01, ``Process for Distinguishing
Serious from Non-Serious Injury of Marine Mammals'' (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). The lists of species and/
or stocks injured or killed in fisheries that operate both within U.S.
waters and on the high seas are identical to their Table 1 or 2
counterparts, except for those with distributions known to occur on
only one side of the EEZ boundary. Stock structure on the high seas is
unclear or unknown for most species, which leads to uncertainty in
stock identification for animals injured or killed on the high seas.
Therefore, for Table 3, we report the stock names as identified in the
SARs. NMFS proposes the following updates:
NMFS proposes to add the Canadian East Coast stock of minke whales
to the list of species incidentally killed or injured by the Category I
Atlantic highly migratory species longline fishery. In 2010, a minke
whale was caught but released alive with no serious injury in the
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery, South Atlantic Bight fishing area (Garrison and
Stokes 2012 cited in Waring et al., 2013). The Category I Atlantic
highly migratory species longline fishery is considered to be the high
seas extension of the Atlantic Ocean, Caribbean, Gulf of Mexico large
pelagics longline fishery, utilizing the same gear and fishing
practices. Since minke whales may also occur on the high seas and have
been documented to interact with the domestic component of this fishery
(Garrison and Stokes 2012 cited in Waring et al., 2013), we propose to
add the Canadian East Coast stock of minke whale to the list of species
incidentally killed or injured in the Atlantic highly migratory species
longline fishery.
NMFS proposes to add the Western North Atlantic stock of Kogia spp.
whale (pygmy or dwarf sperm whale) to the list of species and/or stocks
incidentally killed or injured by Category I Atlantic highly migratory
species longline fishery. In 2011, an observer report documented that a
Kogia species was seriously injured by the Atlantic Ocean, Caribbean,
Gulf of Mexico large pelagics longline fishery. This stock may reside
outside of EEZ waters, thus it has the potential to interact with the
high seas portion of the pelagic longline fishery.
NMFS proposes to add the Western North Atlantic stock of false
killer whales to the list of species incidentally killed or injured by
Category I Atlantic highly migratory species longline fishery. In 2011,
an observer report documented that a false killer whale was injured by
the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline
fishery. This stock may reside outside of EEZ waters, thus it has the
potential to interact with the high seas portion of the pelagic
longline fishery.
NMFS proposes to add the Gulf of Mexico stock of Risso's dolphins
to the list of species incidentally killed or injured by Category I
Atlantic highly migratory species longline fishery. In 2011, an
observer report documented injury to Risso's dolphins by the Atlantic
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. This
stock may reside outside of EEZ
[[Page 50600]]
waters, thus it has the potential to interact with the high seas
portion of the pelagic longline fishery.
NMFS proposes to add the Gulf of Mexico oceanic stock of killer
whales to the list of species incidentally killed or injured by the
Category I Atlantic highly migratory species longline fishery. In 2008,
an observer report documented an entangled killer whale in the Atlantic
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. This
stock may reside outside of EEZ waters, thus it has the potential to
interact with the high seas portion of the pelagic longline fishery.
NMFS proposes to add the Western North Atlantic stock of
Pantropical spotted dolphins to the to the list of species incidentally
killed or injured by Category I Atlantic highly migratory species
longline fishery. In 2005, an observer report documented an interaction
with the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery. This stock may reside outside of EEZ waters, thus it
has the potential to interact with the high seas portion of the pelagic
longline fishery.
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska); Table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial
fisheries on the high seas; and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants, vessels,
or persons licensed in a fishery, then the number from the most recent
LOF is used for the estimated number of vessels or persons in the
fishery. NMFS acknowledges that, in some cases, these estimates may be
inflations of actual effort, such as for many of the Mid-Atlantic and
New England fisheries. However, in these cases, 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. Table 1 and 2 serve to
provide a description of the fishery's potential effort (state and
Federal). If NMFS is able to extract more accurate information on the
gear types used by state permit holders in the future, the numbers will
be updated to reflect this change. For additional information on
fishing effort in fisheries found on Table 1 or 2, contact the relevant
regional office (contact information included above in SUPPLEMENTARY
INFORMATION).
For high seas fisheries, Table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously in this rule, 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, fisher self-reports (i.e. MMPA reports),
and anecdotal reports. The best available scientific information
included in these reports is based on data through 2011. This list
includes all species and/or stocks known to be injured or killed in a
given fishery but also includes species and/or stocks for which there
are anecdotal records of a mortality or injury. Additionally, species
identified by logbook entries, stranding data, or fishermen self-
reports (i.e., MMPA reports) may not be verified. In Tables 1 and 2,
NMFS has designated those species/stocks driving a fishery's
classification (i.e., the fishery is classified based on mortalities
and serious injuries of a marine mammal stock that are greater than or
equal to 50 percent [Category I], or greater than 1 percent and less
than 50 percent [Category II], of a stock's PBR) by a ``\1\'' after the
stock's name.
In Tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented mortalities or serious
injuries of marine mammals, or fisheries that did not result in a
mortality or serious injury rate greater than 1 percent of a stock's
PBR level based on known interactions. NMFS has classified these
fisheries by analogy to other Category I or II fisheries that use
similar fishing techniques or gear that are known to cause mortality or
serious injury of marine mammals, as discussed in the final LOF for
1996 (60 FR 67063, December 28, 1995), and according to factors listed
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e.,
fishing techniques, gear used, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or fisher reports, stranding data, and the species and
distribution of marine mammals in the area). NMFS has designated those
fisheries listed by analogy in Tables 1 and 2 by a ``\2\'' after the
fishery's name.
There are several fisheries in Tables 1, 2, and 3 in which a
portion of the fishing vessels cross the EEZ boundary and therefore
operate both within U.S. waters and on the high seas. These fisheries,
though listed separately between Table 1 or 2 and Table 3, are
considered the same fishery on either side of the EEZ boundary. NMFS
has designated those fisheries in each table by a ``*'' after the
fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Estimated Marine mammal
number of species and/or
Fishery description vessels/ stocks incidentally
persons killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
[[Page 50601]]
HI deep-set longline * [caret] 128 Bottlenose dolphin,
HI Pelagic.
False killer whale,
MHI Insular.
False killer whale,
HI Pelagic.\1\
False killer whale,
Palmyra Atoll.
Pantropical spotted
dolphin, HI.
.............. Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
GILLNET FISHERIES:
CA thresher shark/swordfish 19 Bottlenose dolphin,
drift gillnet (>=14 in mesh) CA/OR/WA offshore.
*. California sea lion,
U.S.
Humpback whale, CA/
OR/WA.
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/
WA.
Northern elephant
seal, CA breeding.
.............. Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
Sperm Whale, CA/OR/
WA.\1\
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
CA halibut/white seabass and 50 California sea lion,
other species set gillnet U.S.
(>3.5 in mesh). Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
Long-beaked common
dolphin, CA.
Northern elephant
seal, CA breeding.
Sea otter, CA.
Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, and 30 California sea lion,
white seabass drift gillnet U.S.
(mesh size >=3.5 in and <14 Long-beaked common
in) \ 2\. dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon drift 1,862 Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Spotted seal, AK.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 979 Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Spotted seal, AK.
AK Kodiak salmon set gillnet.. 188 Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Sea otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon set 736 Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise,
GOA.
Harbor seal, GOA.
Humpback whale,
Central North
Pacific.\1\
Sea otter, South
Central AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon drift 569 Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Steller sea lion,
Western U.S.
AK Peninsula/Aleutian Islands 162 Dall's porpoise, AK.
salmon drift gillnet \2\. Harbor porpoise,
GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
AK Peninsula/Aleutian Islands 113 Harbor porpoise,
salmon set gillnet \2\. Bering Sea.
Steller sea lion,
Western U.S.
[[Page 50602]]
AK Prince William Sound salmon 537 Dall's porpoise, AK.
drift gillnet. Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Sea otter, South
Central AK.
Steller sea lion,
Western U.S.\1\
AK Southeast salmon drift 474 Dall's porpoise, AK.
gillnet. Harbor porpoise,
Southeast AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific.\1\
Pacific white-sided
dolphin, North
Pacific.
Steller sea lion,
Eastern U.S.
AK Yakutat salmon set 168 Gray whale, Eastern
gillnet.\2\. North Pacific.
Harbor porpoise,
Southeastern AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific (Southeast
AK).
WA Puget Sound Region salmon 210 Dall's porpoise, CA/
drift gillnet (includes all OR/WA.
inland waters south of US- Harbor porpoise,
Canada border and eastward of inland WA.\1\
the Bonilla-Tatoosh line- Harbor seal, WA
Treaty Indian fishing is inland.
excluded).
PURSE SEINE FISHERIES: .............. ....................
AK Cook Inlet salmon purse 83 Humpback whale,
seine. Central North
Pacific.\1\
AK Kodiak salmon purse seine.. 376 Humpback whale,
Central North
Pacific.\1\
TRAWL FISHERIES: .............. ....................
AK Bering Sea, Aleutian 32 Bearded seal, AK.
Islands flatfish trawl. Gray whale, Eastern
North Pacific.
Harbor porpoise,
Bering Sea.
Harbor seal, Bering
Sea.
Humpback whale,
Western North
Pacific.\1\
Killer whale, AK
resident.\1\
.............. Killer whale, GOA,
AI, BS
transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal, AK.
Ribbon seal, AK.
Spotted seal, AK.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 102 Bearded seal, AK.
Islands pollock trawl. Dall's porpoise, AK.
Harbor seal, AK.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Northern fur seal,
Eastern Pacific.
Ribbon seal, AK.
Ringed seal, AK.
Spotted seal, AK.
Steller sea lion,
Western U.S.\1\
AK Bering Sea, Aleutian 17 Killer whale, ENP AK
Islands rockfish trawl. resident.\1\
Killer whale, GOA,
AI, BS
transient.\1\
POT, RING NET, AND TRAP FISHERIES: .............. ....................
CA spot prawn pot............. 28 Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
CA Dungeness crab pot......... 570 Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
OR Dungeness crab pot......... 433 Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
WA/OR/CA sablefish pot........ 309 Humpback whale, CA/
OR/WA.\1\
WA coastal Dungeness crab pot. 228 Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
LONGLINE/SET LINE FISHERIES: .............. ....................
HI shallow-set longline * 18 Blainville's beaked
[caret]. whale, HI.
Bottlenose dolphin,
HI Pelagic.
False killer whale,
HI Pelagic.\1\
Humpback whale,
Central North
Pacific.
Kogia spp. whale
(Pygmy or dwarf
sperm whale), HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
[[Page 50603]]
American Samoa longline. \2\.. 25 Bottlenose dolphin,
unknown.
Cuvier's beaked
whale, unknown.
False killer whale,
American Samoa.
Rough-toothed
dolphin, American
Samoa.
Short-finned pilot
whale, unknown.
HI shortline \2\.............. 6 None documented.
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, Norton 1,778 Harbor porpoise,
Sound, Kotzebue salmon Bering Sea.
gillnet.
AK miscellaneous finfish set 54 Steller sea lion,
gillnet. Western U.S.
AK Prince William Sound salmon 29 Harbor seal, GOA.
set gillnet. Sea otter, South
Central AK.
Steller sea lion,
Western U.S.
AK roe herring and food/bait 920 None documented.
herring gillnet.
CA set gillnet (mesh size <3.5 304 None documented.
in).
HI inshore gillnet............ 42 Bottlenose dolphin,
HI.
Spinner dolphin, HI.
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA
gillnet (excluding treaty coast.
Tribal fishing).
WA/OR herring, smelt, shad, 913 None documented.
sturgeon, bottom fish,
mullet, perch, rockfish
gillnet.
WA/OR lower Columbia River 110 California sea lion,
(includes tributaries) drift U.S.
gillnet. Harbor seal, OR/WA
coast.
WA Willapa Bay drift gillnet.. 82 Harbor seal, OR/WA
coast.
Northern elephant
seal, CA breeding.
MISCELLANEOUS NET FISHERIES: .............. ....................
AK Southeast salmon purse 315 None documented in
seine. the most recent 5
years of data.
AK Metlakatla salmon purse 10 None documented.
seine.
AK miscellaneous finfish beach 2 None documented.
seine.
AK miscellaneous finfish purse 2 None documented.
seine.
AK octopus/squid purse seine.. 0 None documented.
AK roe herring and food/bait 10 None documented.
herring beach seine.
AK roe herring and food/bait 356 None documented.
herring purse seine.
AK salmon beach seine......... 31 None documented.
AK salmon purse seine 936 Harbor seal, GOA.
(excluding salmon purse seine
fisheries listed as Category
II).
CA anchovy, mackerel, sardine 65 California sea lion,
purse seine. U.S.
Harbor seal, CA.
CA squid purse seine.......... 80 Long-beaked common
dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
CA tuna purse seine *......... 10 None documented.
WA/OR sardine purse seine..... 42 None documented.
WA (all species) beach seine 235 None documented.
or drag seine.
WA/OR herring, smelt, squid 130 None documented.
purse seine or lampara.
WA salmon purse seine......... 75 None documented.
WA salmon reef net............ 11 None documented.
HI lift net................... 21 None documented.
HI inshore purse seine........ <3 None documented.
HI throw net, cast net........ 20 None documented.
HI seine net.................. 21 None documented.
DIP NET FISHERIES: .............. ....................
CA squid dip net.............. 115 None documented.
WA/OR smelt, herring dip net.. 119 None documented.
MARINE AQUACULTURE FISHERIES: .............. ....................
CA marine shellfish unknown None documented.
aquaculture.
CA salmon enhancement rearing >1 None documented.
pen.
CA white seabass enhancement 13 California sea lion,
net pens. U.S.
HI offshore pen culture....... 2 None documented.
WA/OR salmon net pens......... 14 California sea lion,
U.S.
Harbor seal, WA
inland waters.
TROLL FISHERIES: .............. ....................
AK North Pacific halibut, AK 1,320 (180 AK) None documented.
bottom fish, WA/OR/CA
albacore, groundfish, bottom
fish, CA halibut non-salmonid
troll fisheries *.
AK salmon troll............... 1,908 Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
[[Page 50604]]
American Samoa tuna troll..... 7 None documented.
CA/OR/WA salmon troll......... 4,300 None documented.
HI troll...................... 1,755 Pantropical spotted
dolphin, HI.
HI rod and reel............... 221 None documented.
Commonwealth of the Northern 40 None documented.
Mariana Islands tuna troll.
Guam tuna troll............... 432 None documented.
LONGLINE/SET LINE FISHERIES: .............. ....................
AK Bering Sea, Aleutian 45 Dall's Porpoise, AK.
Islands Pacific cod longline. Northern fur seal,
Eastern Pacific.
Ringed seal, AK.
AK Bering Sea, Aleutian 3 None documented.
Islands rockfish longline.
AK Bering Sea, Aleutian 4 Killer whale, AK
Islands Greenland turbot resident.
longline.
AK Bering Sea, Aleutian 22 None documented.
Islands sablefish longline.
AK Gulf of Alaska halibut 855 None documented.
longline.
AK Gulf of Alaska Pacific cod 92 Steller sea lion,
longline. Western U.S.
AK Gulf of Alaska rockfish 25 None documented.
longline.
AK Gulf of Alaska sablefish 295 Sperm whale, North
longline. Pacific.
AK halibut longline/set line 2,197 None documented in
(state and Federal waters). the most recent 5
years of data.
AK octopus/squid longline..... 3 None documented.
AK state-managed waters 464 None documented.
longline/setline (including
sablefish, rockfish, lingcod,
and miscellaneous finfish).
WA/OR/CA groundfish, 367 Bottlenose dolphin,
bottomfish longline/set line. CA/OR/WA offshore.
WA/OR Pacific halibut 350 None documented.
longline..
CA pelagic longline........... 1 None documented in
the most recent 5
years of data.
HI kaka line.................. 24 None documented.
HI vertical line.............. 6 None documented.
TRAWL FISHERIES: .............. ....................
AK Bering Sea, Aleutian 13 Ribbon seal, AK.
Islands Atka mackerel trawl. Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 72 Ringed seal, AK.
Islands Pacific cod trawl. Steller sea lion,
Western U.S.
AK Gulf of Alaska flatfish 36 Northern elephant
trawl. seal, North
Pacific.
AK Gulf of Alaska Pacific cod 55 Steller sea lion,
trawl. Western U.S.
AK Gulf of Alaska pollock 67 Dall's porpoise, AK.
trawl. Fin whale, Northeast
Pacific.
Northern elephant
seal, North
Pacific.
Steller sea lion,
Western U.S.
AK Gulf of Alaska rockfish 43 None documented.
trawl.
AK food/bait herring trawl.... 4 None documented.
AK miscellaneous finfish otter/ 282 None documented.
beam trawl.
AK shrimp otter trawl and beam 38 None documented.
trawl (statewide and Cook
Inlet).
AK state-managed waters of 2 None documented.
Cook Inlet, Kachemak Bay,
Prince William Sound,
Southeast AK groundfish trawl.
CA halibut bottom trawl....... 53 None documented.
WA/OR/CA shrimp trawl......... 300 None documented.
WA/OR/CA groundfish trawl..... 160-180 California sea lion,
U.S.
Dall's porpoise, CA/
OR/WA.
Harbor seal, OR/WA
coast.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, CA/OR/WA.
Steller sea lion,
Eastern U.S.
POT, RING NET, AND TRAP FISHERIES: .............. ....................
AK statewide miscellaneous 4 None documented.
finfish pot.
AK Aleutian Islands sablefish 4 None documented.
pot..
AK Bering Sea, Aleutian 59 None documented.
Islands Pacific cod pot.
AK Bering Sea, Aleutian 540 Grey whale, Eastern
Islands crab pot. North Pacific.
AK Bering Sea sablefish pot... 2 None documented.
AK Gulf of Alaska crab pot.... 381 None documented.
AK Gulf of Alaska Pacific cod 128 Harbor seal, GOA.
pot.
AK Southeast Alaska crab pot.. 41 Humpback whale,
Central North
Pacific (Southeast
AK).
AK Southeast Alaska shrimp pot 269 Humpback whale,
Central North
Pacific (Southeast
AK).
AK shrimp pot, except 236 None documented.
Southeast.
AK octopus/squid pot.......... 26 None documented.
AK snail pot.................. 1 None documented.
CA/OR coonstripe shrimp pot... 10 Gray whale, Eastern
North Pacific.
Harbor seal, CA.
CA rock crab pot.............. 150 Gray whale, Eastern
North Pacific.
Harbor seal, CA
[[Page 50605]]
CA spiny lobster.............. 198 Gray whale, Eastern
North Pacific.
WA/OR/CA hagfish pot.......... 54 None documented.
WA/OR shrimp pot/trap......... 254 None documented.
WA Puget Sound Dungeness crab 249 None documented.
pot/trap.
HI crab trap.................. 7 Humpback whale,
Central North
Pacific.
HI fish trap.................. 5 None documented.
HI lobster trap............... <3 None documented in
recent years.
HI shrimp trap................ 6 None documented.
HI crab net................... 4 None documented.
HI Kona crab loop net......... 35 None documented.
HOOK-AND-LINE, HANDLINE, AND JIG .............. ....................
FISHERIES:
AK miscellaneous finfish 456 None documented.
handline/hand troll and
mechanical jig.
AK North Pacific halibut 180 None documented.
handline/hand troll and
mechanical jig.
AK octopus/squid handline..... 7 None documented.
American Samoa bottomfish..... 14 None documented.
Commonwealth of the Northern 28 None documented.
Mariana Islands bottomfish.
Guam bottomfish............... >300 None documented.
HI aku boat, pole, and line... <3 None documented.
HI bottomfish handline........ 578 None documented in
recent years.
HI inshore handline........... 376 None documented.
HI pelagic handline........... 484 None documented.
WA groundfish, bottomfish jig. 679 None documented.
Western Pacific squid jig..... <3 None documented.
HARPOON FISHERIES: .............. ....................
CA swordfish harpoon.......... 30 None documented.
POUND NET/WEIR FISHERIES: .............. ....................
AK herring spawn on kelp pound 409 None documented.
net.
AK Southeast herring roe/food/ 2 None documented.
bait pound net.
HI bullpen trap............... <3 None documented.
BAIT PENS: .............. ....................
WA/OR/CA bait pens............ 13 California sea lion,
U.S.
DREDGE FISHERIES: .............. ....................
Alaska scallop dredge......... 108 (5 AK) None documented.
DIVE, HAND/MECHANICAL COLLECTION .............. ....................
FISHERIES:
AK abalone.................... 0 None documented.
AK clam....................... 130 None documented.
AK Dungeness crab............. 2 None documented.
AK herring spawn on kelp...... 339 None documented.
AK urchin and other fish/ 398 None documented.
shellfish.
CA sea urchin................. 583 None documented.
HI black coral diving......... <3 None documented.
HI fish pond.................. 5 None documented.
HI handpick................... 58 None documented.
HI lobster diving............. 23 None documented.
HI spearfishing............... 159 None documented.
WA/CA kelp.................... 4 None documented.
WA/OR sea urchin, other clam, 637 None documented.
octopus, oyster, sea
cucumber, scallop, ghost
shrimp hand, dive, or
mechanical collection.
WA shellfish aquaculture...... 684 None documented.
COMMERCIAL PASSENGER FISHING .............. ....................
VESSEL (CHARTER BOAT) FISHERIES:
AK/WA/OR/CA commercial >7,000 Killer whale,
passenger fishing vessel. (2,702 AK) unknown.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
LIVE FINFISH/SHELLFISH FISHERIES: .............. ....................
CA nearshore finfish live trap/ 93 None documented.
hook-and-line.
HI aquarium collecting........ 90 None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK--Alaska; CA--
California; GOA--Gulf of Alaska; HI--Hawaii; OR--Oregon; WA--
Washington; \1\ Fishery classified based on mortalities and serious
injuries of this stock, which are greater than or equal to 50 percent
(Category I) or greater than 1 percent and less than 50 percent
(Category II) of the stock's PBR; \2\ Fishery classified by analogy; *
Fishery has an associated high seas component listed in Table 3;
[caret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of species and/or
stocks killed or injured in high seas component of the fishery, minus
species and/or stocks 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 50606]]
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Estimated Marine mammal
number of species and/or
Fishery description vessels/ stocks incidentally
persons killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
Mid-Atlantic gillnet.......... 5,509 Bottlenose dolphin,
Northern Migratory
coastal.\1\
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.
Harp seal, WNA.
Humpback whale, Gulf
of Maine.
Minke whale,
Canadian east
coast.
Risso's dolphin,
WNA.
White-sided dolphin,
WNA.
Northeast sink gillnet........ 4,375 Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Fin whale, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.\1\
Harbor seal, WNA.
Harp seal, WNA.
.............. Hooded seal, WNA.
Humpback whale, Gulf
of Maine.
Long-finned Pilot
whale, WNA.
Minke whale,
Canadian east
coast.
North Atlantic right
whale, WNA.
Risso's dolphin,
WNA.
Short-finned Pilot
whale, WNA.
White-sided dolphin,
WNA.
TRAP/POT FISHERIES:
Northeast/Mid-Atlantic 11,693 Harbor seal, WNA.
American lobster trap/pot. Humpback whale, Gulf
of Maine.
Minke whale,
Canadian east
coast.
North Atlantic right
whale, WNA.\1\
LONGLINE FISHERIES:
Atlantic Ocean, Caribbean, Gulf of 420 Atlantic spotted
Mexico large pelagics longline*. dolphin, GMX
continental and
oceanic.
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.
Gervais beaked
whale, GMX.
Killer whale, GMX
oceanic.
Kogia spp. (Pygmy or
dwarf sperm whale),
WNA.
.............. Long-finned pilot
whale, WNA.\1\
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical spotted
dolphin, Northern
GMX.
Pantropical spotted
dolphin, WNA.
Risso's dolphin,
Northern GMX.
Risso's dolphin,
WNA.
Short-finned pilot
whale, Northern
GMX.
Short-finned pilot
whale, WNA.\1\
Sperm whale, GMX
oceanic.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
Chesapeake Bay inshore gillnet 1,126 None documented in
\2\. the most recent 5
years of data.
Gulf of Mexico gillnet \2\.... 724 Bottlenose dolphin,
GMX bay, sound, and
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Western GMX
coastal.
NC inshore gillnet............ 1,323 Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern NC
estuarine
system.\1\
[[Page 50607]]
Northeast anchored float 421 Harbor seal, WNA.
gillnet \2\. Humpback whale, Gulf
of Maine.
White-sided dolphin,
WNA.
Northeast drift gillnet \2\... 311 None documented.
Southeast Atlantic gillnet \2\ 357 Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Northern FL
coastal.
Bottlenose dolphin,
SC/GA coastal.
Bottlenose dolphin,
Southern migratory
coastal.
Southeastern U.S. Atlantic 30 Bottlenose dolphin,
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 trawl 322 Common dolphin, WNA.
(including pair trawl). Long-finned pilot
whale, WNA.
Risso's dolphin,
WNA.
Short-finned pilot
whale, WNA.
White-sided dolphin,
WNA.\1\
Mid-Atlantic bottom trawl..... 631 Bottlenose dolphin,
WNA offshore.
Common dolphin,
WNA.\1\
Gray seal, WNA.
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA.\1\
Short-finned pilot
whale, WNA.\1\
White-sided dolphin,
WNA.
Northeast mid-water trawl 1,103 Gray seal, WNA.
(including pair trawl). Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Short-finned pilot
whale, WNA.\1\
Common dolphin, WNA.
White-sided dolphin,
WNA.
Northeast bottom trawl........ 2,987 Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
.............. Harp seal, WNA.
Long-finned pilot
whale, WNA.
Minke whale,
Canadian East
Coast.
Short-finned pilot
whale, WNA.
White-sided dolphin,
WNA.\1\
Southeastern U.S. Atlantic, Gulf 4,950 Atlantic spotted
of Mexico shrimp trawl. dolphin, GMX
continental and
oceanic.
Bottlenose dolphin,
Charleston
estuarine system.
Bottlenose dolphin,
Eastern GMX
coastal.\1\
Bottlenose dolphin,
GMX bay, sound,
estuarine.\1\
Bottlenose dolphin,
GMX continental
shelf.
.............. Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
SC/GA coastal.\1\
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Western GMX
coastal.\1\
West Indian manatee,
Florida.
TRAP/POT FISHERIES:
Southeastern U.S. Atlantic, 1,282 Bottlenose dolphin,
Gulf of Mexico stone crab Biscayne Bay
trap/pot \2\. estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay.
Bottlenose dolphin,
GMX bay, sound,
estuarine (FL west
coast portion).
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Northern GMX
coastal.
Atlantic mixed species trap/ 3,467 Fin whale, WNA.
pot \2\. Humpback whale, Gulf
of Maine.
[[Page 50608]]
Atlantic blue crab trap/pot... 8,557 Bottlenose dolphin,
Central FL
coastal.\1\
Bottlenose dolphin,
Charleston
estuarine
system.\1\
Bottlenose dolphin,
Indian River Lagoon
estuarine
system.\1\
Bottlenose dolphin,
Jacksonville
estuarine
system.\1\
Bottlenose dolphin,
Northern FL
coastal.\1\
Bottlenose dolphin,
Northern GA/
Southern SC
estuarine
system.\1\
.............. Bottlenose dolphin,
Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Northern SC
estuarine system.
Bottlenose dolphin,
SC/GA coastal.\1\
Bottlenose dolphin,
Southern GA
estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC
estuarine
system.\1\
West Indian manatee,
FL.\1\
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden purse 40-42 Bottlenose dolphin,
seine. GMX bay, sound,
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
Mid-Atlantic menhaden purse 5 Bottlenose dolphin,
seine \2\. Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach seine. 565 Bottlenose dolphin,
Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
NC long haul seine............ 372 Bottlenose dolphin,
Northern NC
estuarine system
\1\
Bottlenose dolphin,
Southern NC
estuarine system.
STOP NET FISHERIES:
NC roe mullet stop net........ 13 Bottlenose dolphin,
Northern NC
estuarine system.
Bottlenose dolphin,
unknown (Southern
migratory coastal
or Southern NC
estuarine system).
POUND NET FISHERIES:
VA pound net.................. 67 Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet............. >991 None documented in
the most recent 5
years of data.
DE River inshore gillnet...... (\3\) None documented in
the most recent 5
years of data.
Long Island Sound inshore (\3\) None documented in
gillnet. the most recent 5
years of data.
RI, southern MA (to Monomoy (\3\) None documented in
Island), and NY Bight the most recent 5
(Raritan and Lower NY Bays) years of data.
inshore gillnet.
Southeast Atlantic inshore (\3\) Bottlenose dolphin,
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 species 20 None documented.
trawl.
GA cannonball jellyfish trawl. 1 Bottlenose dolphin,
SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
Finfish aquaculture........... 48 Harbor seal, WNA.
Shellfish aquaculture......... (\3\) None documented.
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic herring >7 Harbor seal, WNA.
purse seine. Gray seal, WNA.
Gulf of Maine menhaden purse >2 None documented.
seine.
FL West Coast sardine purse 10 Bottlenose dolphin,
seine. Eastern GMX
coastal.
U.S. Atlantic tuna purse seine 5 Long-finned pilot
*. whale, WNA.
Short-finned pilot
whale, WNA.
LONGLINE/HOOK-AND-LINE FISHERIES:
Northeast/Mid-Atlantic bottom >1,207 None documented.
longline/hook-and-line.
Gulf of Maine, U.S. Mid- 428 Bottlenose dolphin,
Atlantic tuna, shark WNA offshore.
swordfish hook-and-line/ Humpback whale, Gulf
harpoon. of Maine.
Southeastern U.S. Atlantic, >5,000 Bottlenose dolphin,
Gulf of Mexico, and Caribbean GMX continental
snapper-grouper and other shelf.
reef fish bottom longline/
hook-and-line.
[[Page 50609]]
Southeastern U.S. Atlantic, <125 Bottlenose dolphin,
Gulf of Mexico shark bottom Eastern GMX
longline/hook-and-line. coastal.
Bottlenose dolphin,
Northern GMX
continental shelf.
Southeastern U.S. Atlantic, 1,446 None documented.
Gulf of Mexico, and Caribbean
pelagic hook-and-line/harpoon.
U.S. Atlantic, Gulf of Mexico (\3\) None documented.
trotline.
TRAP/POT FISHERIES:
Caribbean mixed species trap/ >501 None documented.
pot.
Caribbean spiny lobster trap/ >197 None documented.
pot.
FL spiny lobster trap/pot..... 1,268 Bottlenose dolphin,
Biscayne Bay
estuarine
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay estuarine.
Gulf of Mexico blue crab trap/ 4,113 Bottlenose dolphin,
pot. Eastern GMX
coastal.
Bottlenose dolphin,
GMX bay, sound,
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Western GMX
coastal.
West Indian manatee,
FL.
Gulf of Mexico mixed species (\3\) None documented.
trap/pot.
Southeastern U.S. Atlantic, Gulf 10 None documented.
of Mexico golden crab trap/pot.
U.S. Mid-Atlantic eel trap/pot.... (\3\) None documented.
STOP SEINE/WEIR/POUND NET/FLOATING
TRAP FISHERIES:
Gulf of Maine herring and >1 Harbor porpoise, GME/
Atlantic mackerel stop seine/ BF.
weir. Harbor seal, WNA
Minke whale,
Canadian east
coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab stop 2,600 None documented.
seine/weir.
U.S. Mid-Atlantic mixed (\3\) Bottlenose dolphin,
species stop seine/weir/pound Northern NC
net (except the NC roe mullet estuarine system.
stop net).
RI floating trap.................. 9 None documented.
DREDGE FISHERIES:
Gulf of Maine sea urchin (\3\) None documented.
dredge.
Gulf of Maine mussel dredge... (\3\) None documented.
Gulf of Maine, U.S. Mid- >403 None documented.
Atlantic sea scallop dredge.
Mid-Atlantic blue crab dredge. (\3\) None documented.
Mid-Atlantic soft-shell clam (\3\) None documented.
dredge.
Mid-Atlantic whelk dredge..... (\3\) None documented.
U.S. Mid-Atlantic/Gulf of 7,000 None documented.
Mexico oyster dredge.
U.S. Mid-Atlantic offshore (\3\) None documented.
surf clam and quahog dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach seine.... 15 None documented in
the most recent 5
years of data.
Gulf of Mexico haul/beach (\3\) None documented.
seine.
Southeastern U.S. Atlantic 25 None documented.
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 dive, (\3\) None documented.
hand/mechanical collection.
Gulf of Mexico, Southeast (\3\) 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 commercial Biscayne Bay
passenger fishing vessel. 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.
[[Page 50610]]
.............. Bottlenose dolphin,
Northern FL
coastal.
Bottlenose dolphin,
Northern GA/
Southern SC
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine.
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Southern NC
estuarine system.
Bottlenose dolphin,
Southern SC/GA
coastal.
Bottlenose dolphin,
Western GMX
coastal.
------------------------------------------------------------------------
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; SC--South Carolina; VA--
Virginia; WNA--Western North Atlantic; \1\ Fishery classified based on
mortalities and serious injuries of this stock, which are greater than
or equal to 50 percent (Category I) or greater than 1 percent and less
than 50 percent (Category II) of the stock's PBR; \2\ Fishery
classified by analogy; * Fishery has an associated high seas component
listed in Table 3; \3\ Unknown.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal
Number of species and/or
Fishery description HSFCA permits stocks incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
Atlantic Highly Migratory 83 Atlantic spotted
Species*. dolphin, WNA.
Bottlenose dolphin,
Northern GMX
oceanic.
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Cuvier's beaked
whale, WNA.
False killer whale,
WNA.
Killer whale, GMX
oceanic.
.............. Kogia spp. whale
(Pygmy or dwarf
sperm whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical spotted
dolphin, WNA.
Risso's dolphin,
GMX.
Risso's dolphin,
WNA.
Short-finned pilot
whale, WNA
Western Pacific Pelagic (HI 128 Bottlenose dolphin,
Deep-set component) * [caret]. HI Pelagic.
False killer whale,
HI Pelagic.
Pantropical spotted
dolphin, HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
Atlantic Highly Migratory 1 Undetermined.
Species.
Pacific Highly Migratory 4 Long-beaked common
Species * [caret]. dolphin, CA.
Humpback whale, CA/
OR/WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
TRAWL FISHERIES:
Atlantic Highly Migratory Species 1 Undetermined.
**.
CCAMLR........................ 0 Antarctic fur seal.
Western Pacific Pelagic....... 0 Undetermined.
PURSE SEINE FISHERIES:
South Pacific Tuna Fisheries.. 38 Undetermined.
Western Pacific Pelagic....... 3 Undetermined.
LONGLINE FISHERIES:
CCAMLR........................ 0 None documented.
South Pacific Albacore Troll.. 13 Undetermined.
South Pacific Tuna Fisheries 8 Undetermined.
**.
[[Page 50611]]
Western Pacific Pelagic (HI 18 Blainville's beaked
Shallow-set component) * whale, HI.
[caret]. Bottlenose dolphin,
HI Pelagic.
False killer whale,
HI Pelagic.
Humpback whale,
Central North
Pacific.
Kogia spp. whale
(Pygmy or dwarf
sperm whale), HI.
.............. Risso's dolphin, HI.
Short-beaked common
dolphin, CA/OR/WA.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
HANDLINE/POLE AND LINE FISHERIES:
Atlantic Highly Migratory 2 Undetermined.
Species.
Pacific Highly Migratory 41 Undetermined.
Species.
South Pacific Albacore Troll.. 8 Undetermined.
Western Pacific Pelagic....... 3 Undetermined.
TROLL FISHERIES:
Atlantic Highly Migratory 2 Undetermined.
Species.
South Pacific Albacore Troll.. 35 Undetermined.
South Pacific Tuna Fisheries 3 Undetermined.
**.
Western Pacific Pelagic....... 19 Undetermined.
LINERS NEI FISHERIES:
Pacific Highly Migratory 1 Undetermined.
Species **.
South Pacific Albacore Troll.. 1 Undetermined.
Western Pacific Pelagic....... 1 Undetermined.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
Northwest Atlantic Bottom 1 None documented.
Longline.
Pacific Highly Migratory 100 None documented in
Species *. the most recent 5
years of data.
PURSE SEINE FISHERIES:
Pacific Highly Migratory 8 None documented.
Species * [caret].
TRAWL FISHERIES:
Northwest Atlantic............ 1 None documented.
TROLL FISHERIES:
Pacific Highly Migratory 253 None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
GMX--Gulf of Mexico; NEI--Not Elsewhere Identified; WNA--Western North
Atlantic.
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in Table 1 or 2. The number of permits
listed in Table 3 represents only the number of permits for the high
seas component of the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004),
the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
license (in the case of the South Pacific Tuna fisheries). Because
HSFCA permits are valid for five years, permits obtained in past years
exist in the HSFCA permit database for gear types that are now
unauthorized. Therefore, while HSFCA permits exist for these gear
types, it does not represent effort. In order to land fish species,
fishers must be using an authorized gear type. Once these permits for
unauthorized gear types expire, the permit-holder will be required to
obtain a permit for an authorized gear type.
[caret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I
Plan (ALWTRP)--50 CFR 229.32. Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American
lobster trap/pot.
Northeast sink gillnet.
Category II
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
Northeast anchored float
gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.[caret]
Bottlenose Dolphin Take Reduction Plan Category I
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
[[Page 50612]]
Category II
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet
fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp
trawl.[caret]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.[caret]
VA pound net.
False Killer Whale Take Reduction Plan Category I
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
and 229.34 (Mid-Atlantic). Northeast sink gillnet.
Pelagic Longline Take Reduction Plan Category I
(PLTRP)--50 CFR 229.36. Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics
longline.
Pacific Offshore Cetacean Take Category I
Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team Category II
(ATGTRT). Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl
(including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl
(including pair trawl).
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
waters; [caret] Only applicable to the portion of the fishery
operating in the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule would not have a significant
economic impact on a substantial number of small entities. On June 20,
2013, the Small Business Administration (SBA) issued a final rule
revising the small business size standards for several industries
effective July 22, 2013 (78 FR 37398). The rule increased the size
standard for Finfish Fishing from $4.0 to $19.0 million, Shellfish
Fishing from $4.0 to $5.0 million, and Other Marine Fishing from $4.0
to $7.0 million. NMFS has reviewed the analyses prepared for this
action in light of the new size standards. Under the former, lower size
standards, all entities subject to this action were considered small
entities, thus they all would continue to be considered small under the
new standards. The factual basis leading to the certification is set
forth below.
Under existing regulations, all individuals participating in
Category I or II fisheries must register under the MMPA and obtain an
Authorization Certificate. The Authorization Certificate authorizes the
taking of non-endangered and non-threatened marine mammals incidental
to commercial fishing operations. Additionally, individuals may be
subject to a TRP and requested to carry an observer. NMFS has estimated
that up to approximately 58,500 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. No fishing
vessels are new to a Category I or II fishery as a result of this
proposed rule. 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. Therefore, this proposed rule would not impose any
direct costs on small entities.
If a vessel is requested to carry an observer, vessels will not
incur any direct economic costs associated with carrying that observer.
Potential indirect costs to vessels required to take observers may
include: lost space on deck for catch, lost bunk space, and lost
fishing time due to time needed by the observer to process bycatch
data. For effective monitoring, however, observers will rotate among a
limited number of vessels in a fishery at any given time and each
vessel within an observed fishery has an equal probability of being
requested to accommodate an observer. Therefore, the potential indirect
costs to vessels are expected to be minimal, because observer coverage
would only be required for a small percentage of a vessels' total
annual fishing time. In addition, section 118 of the MMPA states that
an observer is not required to be placed on a vessel if the facilities
for quartering an observer or performing observer functions are
inadequate or unsafe, thereby exempting vessels too small to
accommodate an observer from this requirement. As a result of this
certification, an initial regulatory flexibility analysis is not
required and was not prepared. In the event that reclassification of a
fishery to Category I or II results in a TRP, economic analyses of the
effects of that TRP would be summarized in subsequent rulemaking
actions.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. The collection of information
for the registration of individuals under the
[[Page 50613]]
MMPA has been approved by the Office of Management and Budget (OMB)
under OMB control number 0648-0293 (0.15 hours per report for new
registrants and 0.09 hours per report for renewals). 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 collection of information. Send comments
regarding these reporting burden estimates or any other aspect of the
collections of information, including suggestions for reducing burden,
to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
An environmental assessment (EA) was prepared under the National
Environmental Policy Act (NEPA) in 1995 and 2005. The 1995 EA examined
the effects of regulations implementing section 118 of the 1994
Amendments of the MMPA on the affected environment. The 2005 EA
analyzed the environmental impacts of continuing the existing scheme
(as described in the 1995 EA) for classifying fisheries on the LOF. The
1995 EA and the 2005 EA concluded that implementation of MMPA section
118 regulations would not have a significant impact on the human
environment. NMFS reviewed the 2005 EA in 2009. NMFS concluded that
because there were no changes to the process used to develop the LOF
and implement section 118 of the MMPA, there was no need to update the
2005 EA. NMFS initiated an EA for the LOF in 2013, but the assessment
was never finalized because the no action alternative described in the
2005 EA is still the preferred alternative. This rule would not change
NMFS' current process for classifying fisheries on the LOF; therefore,
this rule is not expected to change the analysis or conclusion of the
2005 EA, and no update is needed. If NMFS takes a management action,
for example, through the development of a TRP, NMFS would first prepare
an environmental document, as required under NEPA, specific to that
action.
This proposed rule would not affect species listed as threatened or
endangered under the Endangered Species Act (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
Allen, B.M. and R.P. Angliss, editors. 2013. Alaska Marine Mammal
Stock Assessments, 2013 (Draft). NOAA Tech. Memo. NMFS-AFSC-xxx. 261
p. Available at: http://www.nmfs.noaa.gov/pr/sars/pdf/ak2013_draft.pdf.
Bradford, A.L. and E. Lyman. 2013. Injury determinations for
humpback whales and other cetaceans reported to the Pacific Islands
Region Marine Mammal Response Network during 2007-2011. PIFSC
Working Paper WP-13-005. 15 p.
Bruce, D.G. 2006. The whelk dredge fishery of Delaware. Journal of
Shellfish Research. 25(1). 1-13.
Burdett, L.G. and W.E. McFee. 2004. Bycatch of bottlenose dolphins
in South Carolina, USA, and an evaluation of the Atlantic blue crab
fishery categorization. J. Cetacean Res. Manage. 6(3): 231-240.
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J.
Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D.
Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill.
2013. U.S. Pacific Marine Mammal Stock Assessments: 2013 (Draft).
NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-xxx. 306 p. Available
at: http://www.nmfs.noaa.gov/pr/sars/pdf/po2013_draft.pdf.
Lyman, E. 2013. 2012-2013 Hawaii Large Whale Entanglements and
Response Efforts around the Main Hawaiian Islands--Season-end
Report. Hawaiian Islands Humpback Whale National Marine Sanctuary.
May 22, 2013. 15 p. Available at: http://hawaiihumpbackwhale.noaa.gov/res/pdfs/ss2013disentangle.pdf.
Saez, L., D. Lawson, M. DeAngelis, E. Petras, S. Wilkin, and C.
Fahy. 2013. Understanding the co-occurrence of large whales and
commercial fixed gear fisheries off the west coast of the United
States. NOAA Technical Memorandum NMFS-SWR-044.
Stevenson, D., L. Chiarella, D. Stephan, R. Reid, K. Wilhelm, J.
McCarthy, and M. Pentony. 2004. Characterization of the Fishing
Practices and Marine Benthic Ecosystems of the Northeast U.S. Shelf,
and an Evaluation of the Potential Effects of Fishing on Essential
Fish Habitat. NOAA Technical Memorandum NMFS-NE-181.
USFWS. 2014. West Indian Manatee Stock Assessment Report.
Jacksonville, FL, USA. Accessed July 23, 2014. Available at: http://www.fws.gov/northflorida/manatee/SARS/FR00001606_Final_SAR_WIM_FL_Stock.pdf
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors.
2013. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks
Assessments, 2013. NOAA Technical Memorandum NOAA-NE-xxx. 543 p.
Available at: http://www.nmfs.noaa.gov/pr/sars/pdf/ao2013_draft.pdf.
Dated: August 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-20159 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-22-P