[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20550-20574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08114]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 150306230-6303-02]
RIN 0648-BE88
List of Fisheries for 2016
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2016, as required by the Marine
Mammal Protection Act (MMPA). The final LOF for 2016 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. In addition, NMFS begins publishing online fact
sheets for Category III fisheries on a rolling basis.
DATES: The effective date of this final rule is May 9, 2016.
ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Lisa White, Office of Protected
Resources, 301-427-8494; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-
[[Page 20551]]
5312; Elizabeth Petras, West Coast Region, 206-526-6155; Bridget
Mansfield, Alaska Region, 907-586-7642; Dawn Golden, Pacific Islands
Region, 808-725-5000. Individuals who use a telecommunications device
for the hearing impaired may call the Federal Information Relay Service
at 1-800-877-8339 between 8 a.m. and 4 p.m. Eastern time, Monday
through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the list of fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) 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: Tier 2 considers fishery-specific mortality and serious
injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a
given fishery is greater than or equal to 50 percent of the PBR level
(i.e., frequent incidental mortality and serious injury of marine
mammals).
Category II: Annual mortality and serious injury of a stock in a
given fishery is greater than 1 percent and less than 50 percent of the
PBR level (i.e., occasional incidental mortality and serious injury of
marine mammals).
Category III: Annual mortality and serious injury of a stock in a
given fishery is less than or equal to 1 percent of the PBR level
(i.e., a remote likelihood of or no known incidental mortality and
serious injury of marine mammals).
Additional details regarding how the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086, August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery
may qualify as one Category for one marine mammal stock and another
Category for a different marine mammal stock. A fishery is typically
classified on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II). Stocks driving a fishery's classification are denoted
with a superscript ``1'' in Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does
not have sufficient data to perform a tier analysis on certain
fisheries. Therefore, NMFS has classified certain fisheries by analogy
to other Category I or II fisheries that use similar fishing techniques
or gear that are known to cause mortality or serious injury of marine
mammals, or according to factors discussed in the final LOF for 1996
(60 FR 67063, December 28, 1995) and listed in the regulatory
definition of a Category II fishery: ``In the absence of reliable
information indicating the frequency of incidental mortality and
serious injury of marine mammals by a commercial fishery, NMFS will
determine whether the incidental mortality or serious injury is
`frequent,' `occasional,' or `remote' by evaluating other factors such
as fishing techniques, gear used, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or 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 or stocks are included as
incidentally killed or injured in a fishery, NMFS annually reviews the
information presented in the current SARs and injury determination
reports. 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 2016 LOF generally summarizes data from 2008-2012.
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. In some cases, more recent information may be available and
used in the LOF, but in an effort to be consistent with the
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most recent SARs and across the LOF, NMFS typically restricts the
analysis to data within the five-year time period summarized in the
current SAR.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
five-year timeframe summarized in that year's LOF. For fisheries with
no observer coverage and for observed fisheries with evidence
indicating that undocumented interactions may be occurring (e.g.,
fishery has low observer coverage and stranding network data include
evidence of fisheries interaction that cannot be attributed to a
specific fishery) species and stocks may be retained for longer than
five years. For these fisheries, NMFS will review the other sources of
information listed above and use its discretion to decide when it is
appropriate to remove a species or stock.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each 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, 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://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage levels in
Category I, II, and III fisheries can be found in the fishery fact
sheets on the NMFS Office of Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html. Additional
information on observer programs in commercial fisheries can be found
on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/observer-home/.
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 take reduction plans (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 these 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 listed in Tables 1 and 2.
HSFCA permits are valid for five years, during which time Fishery
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to
fish under the permit because it was issued for a gear type that is no
longer authorized under the most current FMP. For this reason, the
number of HSFCA permits displayed in Table 3 is likely higher than the
actual U.S. fishing effort on the high seas. For more information on
how NMFS classifies high seas fisheries on the LOF, see the preamble
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional
information about HSFCA permits can be found at: http://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://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html, 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. As it
completes work on each one, NMFS began posting Category III fishery
fact sheets online on a rolling basis with the 2016 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
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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 MMAP authorization certificate?
NMFS has integrated the MMPA registration process, implemented
through the Marine Mammal Authorization Program (MMAP), with existing
state and Federal fishery license, registration, or permit systems for
Category I and II fisheries on the LOF. Participants in these fisheries
are automatically registered under the MMAP and are not required to
submit registration or renewal materials. In the Pacific Islands, West
Coast, and Alaska regions, NMFS will issue vessel or gear owners an
authorization certificate via U.S. mail or with their state or Federal
license or permit at the time of issuance or renewal. In the Greater
Atlantic Region, NMFS will issue vessel or gear owners an authorization
certificate via U.S. mail automatically at the beginning of each
calendar year. Certificates may also be obtained by visiting the
Greater Atlantic Regional Office Web site (http://www.greateratlantic.fisheries.noaa.gov/Protected/mmp/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 by contacting
the Southeast Regional Office at 727-209-5952 or by visiting the
Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) and following
the instructions for printing the certificate.
The authorization certificate, or a copy, must be on board the
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit
the issuance of authorization certificates to only those vessel or gear
owners that participate in Category I or II fisheries, not all state
and Federal license or permit systems distinguish between fisheries as
classified by the LOF. Therefore, some vessel or gear owners in
Category III fisheries may receive authorization certificates even
though they are not required for Category III fisheries. Individuals
fishing in Category I and II fisheries for which no state or Federal
license or permit is required must register with NMFS by contacting
their appropriate Regional Office (see ADDRESSES).
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 FOR FURTHER INFORMATION
CONTACT).
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 or, in the case of non-vessel
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a
wound or other physical harm. In addition, any animal that ingests
fishing gear or any animal that is released with fishing gear
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported.
Mortality/injury reporting forms and instructions for submitting
forms to NMFS can be found at: http://www.nmfs.noaa.gov/pr/interactions/mmap/#form or by contacting the appropriate Regional
office (see FOR FURTHER INFORMATION CONTACT). Forms may be submitted
via any of the following means: (1) Online using the electronic form,
(2) emailed as an attachment to [email protected], (3) faxed to
the NMFS Office of Protected Resources at 301-713-0376, or (4) mailed
to the NMFS Office of Protected Resources (mailing address is provided
on the postage-paid form that can be printed from the web address
listed above). Reporting requirements and procedures 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 the Secretary is not required
to place an observer on a vessel if the facilities for quartering an
observer or performing observer functions are so inadequate or unsafe
that the health or safety of the observer or the safe operation of the
vessel would be jeopardized; thereby authorizing the exemption of
vessels too small to accommodate an observer from this requirement.
However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico large
pelagics longline vessels operating in special areas designated by the
Pelagic Longline Take Reduction Plan implementing regulations (50 CFR
229.36(d)) will not be exempted from observer requirements, regardless
of their size. Observer requirements 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/teams.html. 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; descriptions of each Category I and II fishery, and some Category
III fisheries; observer requirements; and marine mammal mortality/
injury reporting forms and submittal
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procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html, 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, Seattle Office, 7600 Sand Point Way NE.,
Seattle, WA 98115, Attn: Elizabeth Petras, Protected Resources
Division;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or
NMFS, Pacific Islands Regional Office, Protected Resources
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Dawn
Golden.
Sources of Information Reviewed for the 2016 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.
The LOF for 2016 was based on, among other things, stranding data;
fisher self-reports; and SARs, primarily the 2014 SARs, which are
generally based on data from 2008-2012. The final SARs referenced in
this LOF include: 2013 (79 FR 49053, August 19, 2014) and 2014 (80 FR
50599, August 20, 2015). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.
Comments and Responses
NMFS received four comment letters on the proposed LOF for 2016 (80
FR 58427, September 29, 2015). Comments were received from the Marine
Mammal Commission (Commission), Hawaii Longline Association (HLA), West
Coast Seafood Processors Association (WCSPA), and a joint letter from
Center for Biological Diversity (CBD) and Humane Society of the United
States (HSUS).
General Comments
Comment 1: The Commission recommends that NMFS consider alternative
methods for the classification of fisheries that rarely interact with
marine mammals that would average data over longer periods.
Response: NMFS is currently evaluating the potential for analyzing
data over longer periods for rare events and its application to the
SARs through the GAMMS process. The method will be considered for its
application to the LOF in the future once more discussion has taken
place regarding the expanded use of such methods in the SARs.
Comment 2: The Commission urges NMFS to complete the development of
the fact sheets for all Category III fisheries.
Response: NMFS acknowledges the importance of having these fact
sheets completed and will continue working on completing the remaining
Category III fact sheets. Given the limited information for many
Category III fisheries, fact sheets are being developed as new
information becomes available.
Comment 3: The Commission recommends that NMFS consistently
summarize information across regions, as necessary, to evaluate
proposed changes to the LOF in 2016 and subsequent LOF reports.
Response: NMFS agrees and will continue to provide a consistent
level of detail across regions, where available. Some flexibility will
be maintained for cases unique to a region's geography, ecology,
management structure, or culture.
Comments on Commercial Fisheries in the Pacific Ocean
Comment 4: The Commission recommends that NMFS assess the potential
for interactions between main Hawaiian Islands (MHI) insular false
killer whales and hook-and-line fisheries that overlap with the range
and habitats used by this stock and reclassify by analogy those
fisheries with which MHI insular false killer whales are likely to
interact. At a minimum, the Commission recommends that NMFS reclassify
the Hawaii troll fishery from Category III to Category II based on
analogy to longline fisheries.
Response: NMFS acknowledges the potential for interactions between
MHI insular false killer whales and hook-and-line fisheries other than
longline. There are a variety of commercial, recreational, and
subsistence hook-and-line fisheries in Hawaii that use a mix of gear
types and methods. These fisheries are not currently observed, and NMFS
has not received any fisher's self-reports of marine mammal hookings or
entanglements. Currently available information on MHI insular false
killer whale injuries, such as dorsal fin scarring and various hooks
within a stranded animal's stomach, indicate interactions are
occurring, but they have not been linked to mortalities or serious
injuries, nor to any specific commercial fishery.
We do not consider the various Hawaii commercial hook-and-line
fisheries on the LOF to be analogous to the Category I or II Hawaii
longline fisheries, given, for example, dissimilarities in fishing
gear, technique, the number of hooks deployed, and areas fished.
Additionally, there are no other hook-and-line fisheries listed as
Category I or II on the LOF. At this time, the available information
does not support reclassification by analogy of Hawaii hook-and-line
fisheries, including the Hawaii troll fishery.
However, given the potential for MHI insular false killer whales to
interact with hook-and-line fisheries, we are committed to working with
the State of Hawaii and others to assess the frequency and severity of
marine mammal interactions in state-managed fisheries and reduce
impacts as appropriate. For example, NMFS researchers worked with the
Hawaii Department of Land and Natural Resources (DLNR) to analyze
marine mammal depredation data on State of Hawaii commercial catch
reports (Boggs et al., 2015), which may assist in accurately
identifying fisheries that are more likely to have false killer whale
interactions. NMFS also recently awarded a 2015 Endangered Species Act
Section 6 Grant to the Hawaii DLNR for nearly $1.2 million over three
years to strengthen efforts to minimize and mitigate incidental take of
MHI insular false killer whales, including spatial and temporal
analysis of the overlap between fisheries and false killer whale
habitat. We will continue to work with
[[Page 20555]]
our partners to evaluate the risk the various hook-and-line fisheries
may pose to MHI insular false killer whales and whether these fisheries
are appropriately classified on the annual LOF.
Comment 5: The Hawaii Longline Association (HLA) contends the
Hawaii-based deep-set longline fishery does not interact with the MHI
insular or Northwestern Hawaiian Islands (NWHI) stocks of false killer
whales. HLA states that (a) there has never been a documented
interaction between the fishery and an animal from either stock, (b)
the False Killer Whale Take Reduction Plan essentially eliminates any
overlap between the longline fisheries and the assumed ranges of the
MHI insular and NWHI stocks, and (c) the revised stock boundaries
presented in the draft 2015 SAR indicate that there is only a very
small area in which longline fishing may overlap with either stock, and
no false killer whale interaction has ever occurred in these areas. HLA
opposes including the stocks on the list of marine mammals injured or
killed in the deep-set fishery. If NMFS retains these species on the
list (which HLA opposes), HLA requests that NMFS state in the LOF that
there are no confirmed interactions with either stock and no
interactions with either stock have ever occurred in the very limited
area where longline effort might overlap with either stock's assumed
range.
Response: NMFS determines which species or stocks are included as
incidentally killed or injured in a fishery by annually reviewing the
information presented in the current SARs, among other relevant
sources. The SARs are based on the best available scientific
information and provide the most current and inclusive information on
each stock, including range, abundance, PBR, and level of interaction
with commercial fishing operations. Determinations in the LOF are based
on the data and calculations contained within the SARs.
The 2016 LOF is based on the 2014 SARs, which report fishery
interactions from 2008-2012. NMFS deems this to be the best scientific
and commercial information available for the time period examined.
During that time period, NMFS estimates a five-year average mortality
and serious injury level of 0.9 MHI insular and 0.4 NWHI false killer
whales per year incidental to the Hawaii-based deep-set longline
fishery from 2008-2012 (Carretta et al., 2015).
NMFS is retaining the stocks on the list of marine mammal stocks
incidentally killed or injured in the Hawaii deep-set longline fishery.
We disagree with HLA's recommended text and are not including it
because false killer whale interactions have been observed in the deep-
set longline fishery within the area of overlap between the pelagic,
MHI insular, and NWHI stocks of false killer whales as defined in the
2014 SAR. While no genetic samples are available to establish stock
identity for these takes, all stocks are considered at risk of
interacting with longline gear. For a more complete analysis of the
methodology for determining mortality and serious injury of MHI insular
false killer whales, NMFS refers the commenter to the 2014 SAR.
Comment 6: HLA restates its comment from the proposed 2015 LOF
regarding its opposition to including short-finned pilot whales on the
list of species injured or killed in the Hawaii-based shallow-set
longline fishery (see Comment 3 in the 2015 LOF final rule, 79 FR
77919, December 29, 2014). HLA commented that NMFS included the species
because of a single interaction on the high seas involving an
unidentified cetacean that ``may have'' been a short-finned pilot
whale. HLA states that there have been no confirmed short-finned pilot
whale interactions in the shallow-set fishery. In the absence of data
confirming that the fishery is interacting with short-finned pilot
whales, HLA contends NMFS may not add the species to the list of
species and/or stocks that are incidentally killed or injured by the
fishery.
Response: The estimated average annual mortality and serious injury
of short-finned pilot whales in the fishery on the high seas from 2008-
2012 is 0.1 (McCracken, 2014). NMFS is retaining short-finned pilot
whales on the list of species or stocks that are incidentally killed or
injured by the fishery based on the mortality and serious injury
estimate presented in McCracken, 2014.
Comment 7: HLA restates its comment from the proposed 2015 LOF
regarding its opposition to including pygmy or dwarf sperm whales on
the list of species injured or killed in the Hawaii-based shallow-set
longline fishery (see Comment 4 in the 2015 LOF final rule, 79 FR
77919, December 29, 2014). HLA maintains that the MMPA requires NMFS to
list the species in the LOF that are seriously injured or killed by a
fishery. HLA cites the 2013 SAR, which reports a single interaction
with a pygmy or dwarf sperm whale in 2008 that was classified as a non-
serious injury.
Response: As described in the preamble to this final rule and in
the MMPA implementing regulations (50 CFR 229.8(b)(2)), the LOF lists
the marine mammals that have been incidentally injured or killed in
each commercial fishery. Separately, MMPA implementing regulations at
50 CFR 229.2 specify a tier analysis process for classifying fisheries
on the LOF based on their levels of incidental serious injury and
mortality of marine mammals. Therefore, while only mortalities and
serious injuries are considered in the tier analysis, all species that
are injured (seriously or non-seriously) or killed in the fishery are
included in the list. Finally, the Kogia species whale (pygmy or dwarf
sperm whale) was included in the list for the Hawaii shallow-set
longline fishery because a Kogia species whale was non-seriously
injured in the fishery in 2008 (McCracken, 2014; Carretta et al.,
2015).
Comment 8: HLA restates its comment from the proposed 2015 LOF
regarding how marine mammal takes should be listed in transboundary
fisheries (see Comment 5 in the 2015 LOF final rule, 79 FR 77919,
December 29, 2014). HLA is concerned that fisheries operating in the
U.S. EEZ and on the high seas have marine mammals, for which an
interaction has occurred in either the EEZ or the high seas, included
on the lists of species killed or injured in both the EEZ and the high
seas (i.e., on both Tables 1 or 2 and Table 3). HLA is concerned this
redundant listing results in a mistaken implication that a given
fishery may interact with a certain species in one geographic area
(e.g., within the EEZ) when that fishery has only been observed to
interact with the species in another geographic area (e.g., on the high
seas). HLA requests that NMFS revise the LOF to attribute species
interactions in transboundary fisheries to only those geographic
regions where interactions are actually observed. HLA contends this
change would adequately report species injured or killed, but would
avoid the arbitrary result of takes being attributed to fisheries in
areas in which no take has ever been observed. HLA requests that if
NMFS does not attribute interactions for transboundary fisheries to the
geographic regions in which they occurred, then NMFS should include a
footnote in the LOF to clarify, for certain stocks and fisheries, that
interactions have only been observed on the high seas or in the U.S.
EEZ, as appropriate, to more accurately convey the best available
information to the public.
Response: As described in the preamble, NMFS has included high seas
fisheries in Table 3 of the LOF since 2009. Several fisheries operate
in both U.S. waters and on the high seas, creating some overlap between
the
[[Page 20556]]
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. For these fisheries, the lists of species or stocks injured or
killed in Table 3 are identical to their Table 1 or 2 counterparts,
except for those species or stocks with distributions known to occur on
only one side of the EEZ boundary. Because the fisheries and the marine
mammal lists are the same, takes of these animals are not being
attributed to one geographic area or the other, even when that
information may be available. This parallel list structure is explained
in the footnotes for each table. We are not including additional
footnotes to individual stocks and fisheries to indicate whether
interactions have only been observed on the high seas or in the U.S.
EEZ, but that information may be available in previous LOF rules when
species and stocks are added or deleted.
Comment 9: The Commission concurs with NMFS that the Alaska Bering
Sea/Aleutian Islands Pacific cod longline fishery should be elevated to
a Category II fishery.
Response: NMFS acknowledges this comment and finalizes the re-
classification of the Alaska Bering Sea/Aleutian Islands Pacific Cod
Longline Fishery from Category III to Category II.
Comment 10: The Commission recommends NMFS retain the Alaska Kodiak
salmon purse seine and Cook Inlet salmon purse seine fisheries as
Category II fisheries because they are unobserved.
Response: The Alaska Kodiak salmon purse seine and Cook Inlet
salmon purse seine fisheries were added to the LOF as Category II in
the 2007 LOF (72 FR 14466, March 28, 2007) based on one mortality of a
humpback whale in each of those fisheries in 2005. Both mortalities
occurred in an area of geographic overlap of the Central and Western
North Pacific humpback whales stocks. The 2005 mortalities were
reported to NMFS through the Stranding/Entanglement program, as the
fisheries are not observed. Samples were not obtained from the takes
for genetic analysis, resulting in uncertain stock identification for
either mortality.
The 2005 mortalities were each included in the standard five-year
data sets (resulting in an average 0.4 mortalities/year) used in LOF
Tier I and II analyses for the 2007-2011 LOFs. Because of the
uncertainty regarding the whales' stock identity, NMFS used the
standard precautionary measure of using the lower PBR of the Western
North Pacific stock in each year's LOF analysis, which resulted in both
fisheries remaining in Category II for the 2007-2011 LOFs. Once they
``aged'' out of the standard five-year data set, those mortalities
continued to be included in the LOF analyses four additional years
(2012-2015) as a precautionary measure due to the rarity of documented
humpback takes in purse seine fisheries (only two other humpback whale
mortalities were previously documented in purse seine fisheries in
Alaska in the mid-1990s, a mother and calf taken in one event) and
because the fisheries were unobserved. Although the five-year data set
used in the 2016 LOF is 2008-2012, no additional humpback whale
mortalities were reported in Alaska Kodiak salmon purse seine and Cook
Inlet salmon purse seine fisheries from 2013 through 2015. Further, the
PBRs for each the Central and Western North Pacific humpback whale
stocks have increased substantially since the initial 2005 mortalities.
The PBR for the Central North Pacific humpback whales has increased
from 12.9 in the 2006 SAR to 82.8 in the 2014 SAR used for the 2007 and
2016 LOFs, respectively. The PBR for the Western North Pacific humpback
whales has likewise increased from 1.3 to 3.0 for those same years.
Given the absence of other evidence to the contrary, ten years with no
additional mortalities or serious injuries reported (since 2005 via the
Stranding Network or fisherman self-reports) and a substantial increase
in PBR for both North Pacific humpback whale stocks, NMFS is
reclassifying the fisheries as Category III fisheries. NMFS will
continue to review the most recent data and changes in these fisheries
and will update the LOF, as appropriate.
Comment 11: The Commission recommends NMFS assess the potential for
all unobserved Category III AK purse seine fisheries to take humpback
whales or similar species and, if appropriate, reclassify them by
analogy as Category II fisheries.
Response: NMFS believes that because takes are so rare and there
are no Table 1 purse seine fisheries analogous to Alaska's fisheries,
the fisheries should remain in Category III. NMFS will continue to
review stranding and entanglement data as alternative sources of data
for these unobserved fisheries.
Comment 12: The Commission recommends NMFS investigate the
circumstances and details of the reported interactions with the five
stocks of marine mammals proposed to be added to the list of stocks
incidentally killed or injured in the Category III CA halibut bottom
trawl fishery and consider elevating it to Category II, if warranted.
NMFS does not provide information on the sources of information upon
which this proposal is based, nor does it provide any information about
the number of interactions, their outcomes, or their magnitudes
relative to PBR. In the absence of such information, it is difficult to
assess the importance of five stocks being added in one year, although
the Commission suggests that the number of stocks alone is sufficient
to indicate the fishery may pose a greater threat to marine mammals,
although of uncertain magnitude, than was previously understood.
Response: NMFS compiled information on marine mammal, seabird, and
sea turtle takes observed in the west coast groundfish fisheries for
the 2011 report entitled ``Estimated Bycatch of Marine Mammals,
Seabirds, and Sea Turtles in the U.S. West Coast Commercial Groundfish
Fishery, 2002-2009'' available at http://www.nwfsc.noaa.gov/research/divisions/fram/observation/data_products/datareport/docs/mmsbt_report02-09.pdf. The report provides observed numbers and
estimates of marine mammals, in table 7, that were observed
incidentally taken in the groundfish fisheries, including the CA
halibut bottom trawl fishery, between 2002 and 2009. The marine mammals
reported as killed or seriously injured are California sea lion,
Steller sea lion, harbor seal, elephant seal, and harbor porpoise. We
reviewed the annual fishery mortality and serious injury estimates and
PBRs for each of the five species/stocks. The Tier 1 analysis indicated
that mortality and serious injury did not exceed 10 percent of PBR when
added to other fishery mortality and serious injury for these stocks,
therefore, the fishery remains in Category III.
Comment 13: CBD/HSUS recommend NMFS add bottlenose dolphin, CA/OR/
WA offshore stock, humpback whale, CA/OR/WA stock, and sea otter, CA
stock, to the list of species and/or stocks incidentally killed or
injured by the CA spiny lobster fishery. In addition, CBD/HSUS
recommend that NMFS list the CA spiny lobster fishery as Category II
based on the interactions with bottlenose dolphin and humpback whale.
The most current stock assessment report documents take of: Bottlenose
dolphin (one serious injury in 2008) and humpback whale (one serious
injury between 2007 and 2011). The list should include sea otters by
analogy because the stock assessment report cited controlled
experiments conducted by the U.S. Geological Survey and the Monterey
Bay Aquarium that demonstrated that sea otters
[[Page 20557]]
exposed to lobster traps in a captive setting would succeed in entering
them (Carretta et al., 2015 (citing Hatfield et al., 2011)). The mean
annual take of offshore bottlenose dolphins in the spiny lobster
fishery is 0.2, which is 3.6 percent of the PBR of 5.5. The mean annual
take of humpback whales in the spiny lobster fishery is 0.2, which is
1.8 percent of the PBR of 11 that is allocated to U.S. waters. The
fishery should be classified as Category II because the take of both
stocks are between one and fifty percent of PBR.
Response: NMFS notes this oversight and adds bottlenose dolphins
and humpback whales to the list of species/stocks incidentally killed
or injured in the CA spiny lobster fishery. NMFS will address the
classification of this fishery in the proposed 2017 LOF. See Response
to Comment 14 regarding the request to add sea otters to the list of
species/stocks killed or injured.
Comment 14: CBD/HSUS recommend that NMFS list the CA/OR coonstripe
shrimp pot, CA rock crab pot, and WA/OR/CA hagfish pot fisheries as
Category II by analogy to other pot fisheries because of the number of
entanglements due to unknown fishery interactions and the evidence that
pots can attract sea otters (Carretta et al., 2015 (citing Hatfield et
al., 2011)). CBD/HSUS noted that from 2000-2015, NMFS received 231
reports of entanglements, 156 of which were confirmed, 114 of which
were assigned to a reported fishery and 69 of which were confirmed to a
fishery.
Response: NMFS has received similar comments regarding pot/trap
fishery classifications in the past. NMFS relies upon the most recently
available complete information to evaluate categorizations of fisheries
on the List of Fisheries. For the proposed 2016 LOF, the most recent
available information is through 2012. NMFS will address reports of
entanglements and strandings during 2014 as part of the development of
the proposed 2017 LOF. NMFS received a similar comment regarding sea
otters for the proposed 2012 LOF (76 FR 73912, November 29, 2011,
comment/response 9) as well as 2011 LOF (75 FR 68475, November 8, 2010,
comment/response 13) and 2010 LOF (74 FR 58859, November 16, 2009,
comment/response 3). As described in the response to comments in the
final 2012 LOF and described in detail in the proposed 2009 LOF (73 FR
33760, June 13, 2008), NMFS conducted an extensive review of all
available information on marine mammal interactions with pot/trap gear
in 2008 and found no evidence of sea otter bycatch at that time or
since. The USFWS completed a stock assessment for southern sea otters
in 2008, which has not been updated. The USFWS, as part of public
comments for the 2012 LOF, submitted a paper by Hatfield et al.,
(2011), detailing experiments that indicate that sea otters can enter
and become entrapped in pots or traps with openings of certain sizes.
However, the paper presented no evidence of this occurring during
commercial fishing activities off California. The possibility of an
interaction is insufficient justification to include southern sea
otters on the list of species incidentally killed or injured in
particular fisheries. Instead, NMFS needs some indication that
mortalities/injuries are occurring or have occurred in these fisheries
in recent years (e.g., fisher's self-reports, observer data, stranding
data). If additional information becomes available indicating that
southern sea otters have been killed or injured in CA trap/pot
fisheries in recent years, NMFS will consider including this species on
the LOF at that time.
Comment 15: CBD/HSUS recommend that NMFS clarify the discrepancy
between the number of vessels participating in the Table 3 ``Pacific
highly migratory species longline'' fishery (estimated 126 vessels/
persons) and the Table 1 ``California pelagic longline'' fishery
(estimated one vessel/person) because the definition of the fishery and
identification of vessels participating in the fishery drastically
affects how to quantify marine mammal interactions and both fisheries
operate only on the high seas.
Response: The commenter is correct that the use of longline gear to
target HMS within the EEZ is prohibited under the West Coast HMS FMP
and that the CA pelagic longline fishery (on Table 1) does occur
exclusively on the high seas. We have edited the footnote associated
with this fishery. The preamble of the final 2009 LOF describes the
relationship between the High Seas Pacific Highly Migratory Species
Fisheries (Table 3) and West Coast HMS fisheries on Tables 1 and 2. The
CA pelagic longline fishery has been included on the LOF since 2001.
The high seas Pacific Highly Migratory Species longline fishery was
added to the LOF in Table 3 in 2008 when all high seas fisheries were
added to the LOF.
As described in the preamble of the final 2009 LOF (73 FR 73032,
December 1, 2008), the number of participants in the high seas
fisheries, Table 3, is drawn from the National Permitting System
database and does not necessarily reflect actual fishing activity. As
shown on Table 1, there is one vessel actively engaged in longline
fishing with a West Coast HMS permit. This vessel also has an HSFCA
permit. A number of individuals hold West Coast HMS permits endorsed to
longline (and HSFCA permits) but are not actively fishing with this
gear type. In addition, a number of vessels fish with a HI pelagics FMP
permit, but make landings in the U.S. West Coast, which requires a West
Coast HMS FMP permit (see the HMS SAFE for more details). There are
over 40 vessels with a HSFCA permit that hold both a HI pelagics HMS
permit and a West Coast HMS permit, which allows them to fish with
longline on the high seas (under the HI pelagics permit) and land into
the U.S. West Coast (under the West Coast HMS permit).
The number of HSFCA permits issued by NMFS changes frequently as
new permits are added or renewed, or old permits expire, and does not
necessarily reflect the effort or vessels in a fishery. NMFS has
promulgated a regulation (80 FR 62488, October 16, 2015) to improve the
administration and monitoring of the HSFCA, effective January 14, 2016,
and requires vessel operators or owners identify the authorized fishery
in which he or she intends to fish when applying for an HSFCA permit.
There are eight fisheries authorized on the high seas, including the
U.S. West Coast Fisheries for Highly Migratory Species, and this
regulation should improve the accuracy of Table 3 in the LOF.
Comment 16: The WCSPA recommends that NMFS maintain the Category
III designation and separate fishery names for the WA/OR sardine purse
seine fishery and the CA anchovy, mackerel, sardine purse seine
fishery. WCSPA notes the WA/OR fishery is spatially separate from the
CA fishery, and while the quotas that all three fisheries access are
set by the Pacific Fishery Management Council under its Coastal Pelagic
Species Fishery Management Plan, the day-to-day management of each
fishery is different. Each state has its own effort restriction plan
and landing limits. There are some signs of a northern sub-population
of sardine which forms part of the WA/OR fishery. In the remote
occurrence of a marine mammal take that would change the categorization
of either the WA/OR or the CA fishery. WCSPA believes it would be
unfair to penalize the other spatially separate component.
Response: NMFS appreciates the information and withdraws this
recommendation, and leaves the ``WA/OR purse seine'' and the ``CA
anchovy, mackerel, sardine purse seine'' fisheries in place.
[[Page 20558]]
Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico,
and Caribbean
Comment 17: The Commission and CBD/HSUS recommend that NMFS not
remove stocks from the list of stocks and/or species incidentally
killed or injured in the Category I ``Mid-Atlantic gillnet'' and
Category II ``Mid-Atlantic mid-water trawl'' fisheries because the
fisheries have very low observer coverage.
Response: In general, NMFS lists species incidentally killed or
injured in a particular fishery based on data observed from the last
five years. The list contained in the LOF is not intended to serve as a
historical overview of takes within a fishery as the data are available
in individual species SARs as well as Appendix III. The agency does,
however, maintain flexibility to analyze fisheries on a case-by-case
basis in response to low observer coverage.
Mid-Atlantic gillnet fisheries have been observed at the following
percent coverage from 2009-2013: 3%, 4%, 2%, 2% and 3%, respectively.
For this fishery, we recommended the removal of Risso's and white-sided
dolphins from the list of species incidentally taken in this fishery.
The last observed takes of Risso's and white-sided dolphins occurred in
2007 and 1997 when observer coverage was 4% and 3%, respectively. While
observer coverage averaged 2.8% over the last five years, Mid-Atlantic
gillnet sampling levels are in the developing to mature stage (i.e.,
sampling 1-2% is recommended for pilot coverage, where coverage greater
than 2% is considered developing to mature programs) according to the
2004 NMFS Report on Evaluating Bycatch (http://www.nmfs.noaa.gov/by_catch/SPO_final_rev_12204.pdf) (NMFS, 2004). Therefore, current
estimated observer coverage for this fishery is considered adequate for
bycatch estimation purposes. More importantly, given what we know about
the overlap between species distribution and fishing effort, there is
low probability that the Mid-Atlantic gillnet fishery will interact
with Risso's and white-sided dolphins, and if they do occur, that they
are rare occurrences. Thus, NMFS removes these species from the list of
species and/or stocks incidentally killed or injured in the Mid-
Atlantic gillnet fishery.
For the Mid-Atlantic mid-water trawl fishery, we proposed to remove
short-beaked common dolphin, long-finned pilot whale, and short-finned
pilot whale from this fishery. The last documented takes of these
species in the Mid-Atlantic mid-water trawl fishery were in 2007. New
genetic information on pilot whales (Waring et al., 2015b) and their
distribution has also determined that the distribution of short-finned
pilot whales does not overlap with the Mid-Atlantic mid-water trawl
fishery effort; and, therefore, takes in this fishery are highly
unlikely and that previous pilot whale takes should be considered long-
finned pilot whales. During the period 2009-2013, analysis has shown
that the percent observer sampling coverage for the Mid-Atlantic mid-
water trawl fishery is also adequate for understanding marine mammal
bycatch in this fishery (NMFS, 2004). NMFS removes these species from
the list of species and/or stocks incidentally killed or injured in the
Mid-Atlantic mid-water trawl fishery.
In the case of the Mid-Atlantic gillnet and Mid-Atlantic mid-water
trawl fisheries, NMFS asserts observer coverage is adequate for
determining if recent takes of certain species have occurred within
these fisheries. The removal of these species from the list of species
incidentally killed or injured from these respective fisheries does not
impact the classification of the fisheries in question because other
species taken are currently influencing the current classification.
NMFS will continue to annually monitor bycatch of marine mammals in
these fisheries and will make adjustments to Table 2 should incidental
mortalities or injuries occur in the future.
Summary of Changes From the Proposed Rule
NMFS retains the Category III fisheries, WA/OR sardine purse seine
and CA anchovy, mackerel, sardine purse seine, as separate and does not
merge and re-name the two fisheries ``CA/OR/WA anchovy, mackerel,
sardine purse seine'' fishery, as proposed.
NMFS adds bottlenose dolphin, CA/OR/WA offshore, and humpback
whale, CA/OR/WA, to the list of species and/or stocks incidentally
killed or injured in the Category III CA spiny lobster fishery.
Summary of Changes to the LOF for 2016
The following summarizes the changes to the LOF for 2016, 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. In the LOF for
2016, NMFS re-classifies three fisheries. Additionally, NMFS adds two
fisheries to the LOF and removes six fisheries from the LOF. NMFS makes
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. While
detailed information describing each fishery in the LOF is included
within the SARs, a Fishery Management Plan, or a TRP, or by state
agencies, general descriptive information is important to include in
the LOF for improved clarity; starting with the 2016 LOF, NMFS is
releasing Category III fishery fact sheets as they are completed. The
classifications and definitions of U.S. commercial fisheries for 2016
are identical to those provided in the LOF for 2015 with the changes
discussed below. State and regional abbreviations used in the following
paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian
Islands), 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
Classification of Fisheries
NMFS reclassifies the Category III Alaska Bering Sea/Aleutian
Island Pacific Cod Longline Fishery as Category II.
NMFS reclassifies the Category II Alaska Kodiak Salmon Purse Seine
Fishery as Category III.
NMFS reclassifies the Category II Alaska Cook Inlet Salmon Purse
Seine Fishery as Category III.
Addition of Fisheries
NMFS adds the CA sea cucumber trawl fishery to the LOF as Category
III.
NMFS adds the WA/OR Mainstem Columbia River eulachon gillnet
fishery to the LOF as Category III.
Removal of Fisheries
NMFS removes the Category III WA/OR herring, smelt, shad, sturgeon,
bottom fish, mullet, perch, rockfish gillnet fishery from the LOF.
NMFS removes the Category III WA/OR smelt, herring dip net fishery
from the LOF.
Fishery Name and Organizational Changes and Clarification
NMFS renames the Category III ``WA (all species) beach seine or
drag seine'' as the ``WA/OR Lower Columbia River salmon seine''
fishery.
NMFS divides out three fisheries from the Category III ``AK North
Pacific
[[Page 20559]]
halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA
halibut non-salmonid troll'' fishery and renames them as: ``WA/OR/CA
albacore surface hook and line/troll'' fishery, ``CA halibut hook and
line/handline'' fishery, and ``CA White seabass hook and line/
handline'' fishery and removes the remaining fisheries in the group.
NMFS renames the Category III ``WA/OR salmon net pens'' fishery as
the ``WA salmon net pen'' fishery.
NMFS renames (by revising, separating, and combining) the Category
III ``WA/OR sea urchin, other clam, octopus, oyster, sea cucumber,
scallop, ghost shrimp, dive, hand/mechanical collection'' and ``CA sea
urchin'' fisheries to become the ``WA/OR bait shrimp, clam hand, dive
or mechanical collection'' and ``OR/CA sea urchin, sea cucumber dive,
hand/mechanical collection'' fisheries.
NMFS renames the Category III ``WA shellfish aquaculture'' fishery
as the ``WA/OR shellfish aquaculture'' fishery.
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the Pacific
Ocean (Table 1) as follows:
----------------------------------------------------------------------------------------------------------------
Number of vessels/ Number of vessels/
Category Fishery persons (Final 2015 persons (Final 2016
LOF) LOF)
----------------------------------------------------------------------------------------------------------------
I.............................. HI deep-set longline............... 128 135
I.............................. CA thresher shark/swordfish drift 19 18
gillnet (>=14 in mesh).
II............................. CA spot prawn trap................. 28 25
II............................. HI shallow-set longline............ 18 15
II............................. American Samoa longline............ 25 22
II............................. HI shortline....................... 6 9
III............................ CA set gillnet (mesh size <3.5 in). 304 296
III............................ HI inshore gillnet................. 42 36
III............................ WA/OR Lower Columbia River salmon 235 10
seine.
III............................ HI lift net........................ 21 17
III............................ HI throw net, cast net............. 20 23
III............................ HI seine net....................... 21 24
III............................ American Samoa tuna troll.......... 7 13
III............................ HI troll........................... 1,755 2,117
III............................ HI rod and reel.................... 221 322
III............................ HI kaka line....................... 24 15
III............................ HI vertical line................... 6 3
III............................ CA halibut bottom trawl............ 53 47
III............................ CA/OR coonstripe shrimp pot........ 10 36
III............................ CA rock crab pot................... 150 124
III............................ CA spiny lobster................... 198 194
III............................ HI crab trap....................... 7 5
III............................ HI fish trap....................... 5 9
III............................ HI shrimp trap..................... 6 10
III............................ HI Kona crab loop net.............. 35 33
III............................ American Samoa bottomfish handline. 14 17
III............................ HI bottomfish handline............. 578 496
III............................ HI inshore handline................ 376 357
III............................ HI pelagic handline................ 484 534
III............................ CA swordfish harpoon............... 30 6
III............................ HI bullpen trap.................... <3 3
III............................ HI handpick........................ 58 46
III............................ HI lobster diving.................. 23 19
III............................ HI spearfishing.................... 159 163
----------------------------------------------------------------------------------------------------------------
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS adds the southwest Alaska stock of northern sea otters to the
list of species and/or stocks killed or injured in the Category II
Alaska Peninsula/Aleutian Islands salmon set gillnet fishery.
NMFS adds the U.S. stock of California sea lions, unknown stock of
harbor porpoise, unknown stock of harbor seals, California breeding
stock of northern elephant seals, unknown stock of Steller sea lions to
the species and/or stocks incidentally killed or injured by the
Category III CA halibut bottom trawl fishery.
NMFS adds bottlenose dolphin, CA/OR/WA offshore, and humpback
whale, CA/OR/WA, to the list of species and/or stocks killed or injured
in the Category III CA spiny lobster fishery.
NMFS adds the Northwestern Hawaiian Islands stock of false killer
whales to the list of species and/or stocks killed or injured in the
Category I Hawaii deep-set longline fishery.
NMFS removes the Palmyra Atoll stock of false killer whales from
the list of species and/or stocks killed or injured in the Category I
Hawaii deep-set longline fishery.
NMFS adds notation ``\1\'' to indicate that the Main Hawaiian
Islands (MHI) insular stock of false killer whales, along with the HI
pelagic stock of false killer whales, is also driving the Hawaii deep-
set longline fishery's Category I classification.
NMFS adds the Gulf of Alaska, BSAI transient stock of killer whales
to the list of species and/or stocks killed or injured in the Category
II Alaska BSAI Pacific cod longline fishery.
NMFS removes notation ``\1\'' from the Central North Pacific stock
of humpback whales under the Category III fisheries: Alaska Cook Inlet
salmon purse seine and Alaska Kodiak salmon purse seine.
[[Page 20560]]
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Fishery Name and Organizational Changes and Clarification
NMFS renames and changes the geographic scope of the Category III
``U.S. Mid-Atlantic offshore surf clam/quahog dredge'' fishery.
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the
Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:
----------------------------------------------------------------------------------------------------------------
Number of vessels/ Number of vessels/
Category Fishery persons (Final 2015 persons (Final 2016
LOF) LOF)
----------------------------------------------------------------------------------------------------------------
I.............................. Mid-Atlantic gillnet............... 5,509 4,063
I.............................. Northeast sink gillnet............. 4,375 4,332
I.............................. Northeast/Mid-Atlantic American 11,693 10,163
lobster trap/pot.
II............................. Chesapeake Bay inshore gillnet..... 1,126 272
II............................. Northeast anchored float gillnet... 421 995
II............................. Northeast drift gillnet............ 311 1,567
II............................. Mid-Atlantic mid-water trawl 322 507
(including pair trawl).
II............................. Mid-Atlantic bottom trawl.......... 631 994
II............................. Northeast mid-water trawl.......... 1,103 1,087
II............................. Northeast bottom trawl............. 2,987 3,132
II............................. Atlantic mixed-species trap pot.... 3,467 3,284
II............................. Mid-Atlantic menhaden purse seine.. 5 19
II............................. Mid-Atlantic haul/beach seine...... 565 243
II............................. Virginia pound net................. 67 47
----------------------------------------------------------------------------------------------------------------
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS adds the Gulf of Maine/Bay of Fundy stock of harbor porpoise
and the Gulf of Mexico stock of pygmy sperm whale to the list of marine
mammal species and/or stocks incidentally killed or injured in the
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery.
NMFS adds the Western North Atlantic stock of Risso's dolphin to
the list of marine mammal species and/or stocks incidentally killed or
injured in the Category II Northeast bottom trawl fishery.
NMFS adds the central Georgia estuarine system stock of bottlenose
dolphin to the list of marine mammal species and/or stocks incidentally
killed or injured in the Category II Atlantic blue crab trap/pot
fishery.
NMFS removes the Western North Atlantic stocks of Risso's dolphin
and white-sided dolphin from the list of marine mammal species and/or
stocks incidentally killed or injured in the Category I Mid-Atlantic
gillnet fishery.
NMFS removes the Western North Atlantic stocks of common dolphin,
long-finned pilot whale, and short-finned pilot whale from the list of
marine mammal species and/or stocks incidentally killed or injured in
the Category II Mid-Atlantic mid-water trawl fishery.
NMFS removes the Western North Atlantic stocks of white-sided
dolphin, long-finned pilot whale, and short-finned pilot whale from the
list of marine mammal species and/or stocks incidentally killed or
injured in the Category II Mid-Atlantic bottom trawl fishery.
NMFS removes the Western North Atlantic stocks of white-sided
dolphin and short-finned pilot whale from the list of marine mammal
species and/or stocks incidentally killed or injured in the Category II
Northeast mid-water trawl fishery.
NMFS removes the Western North Atlantic stock of short-finned pilot
whale from the list of marine mammal species and/or stock incidentally
killed or injured in the Category II Northeast bottom trawl fishery.
Commercial Fisheries on the High Seas
Removal of Fisheries
NMFS removes the following Category II high seas fisheries from the
List of Fisheries: (1) Western Pacific Pelagic Trawl, (2) Pacific
Highly Migratory Species Liners, not elsewhere included (NEI), (3)
South Pacific Albacore Troll Liners (NEI), and (4) Western Pacific
Pelagic Liners (NEI).
Number of Vessels/Persons
NMFS updates the estimated number of HSFCA permits (Table 3) as
follows:
----------------------------------------------------------------------------------------------------------------
Number of HSFCA Number of HSFCA
Category Fishery permits (Final 2015 permits (Final 2016
LOF) LOF)
----------------------------------------------------------------------------------------------------------------
I.............................. Atlantic Highly Migratory Species 83 86
Longline.
I.............................. Western Pacific Pelagic (HI Deep- 128 135
set component).
I.............................. Pacific Highly Migratory Species 4 5
Drift Gillnet.
II............................. South Pacific Tuna Fisheries Purse 38 39
Seine.
II............................. South Pacific Albacore Troll 13 15
Longline.
II............................. Western Pacific Pelagic (HI Shallow- 18 15
set component).
II............................. Atlantic Highly Migratory Species 2 3
Handline/Pole and Line.
II............................. Pacific Highly Migratory Species 41 50
Handline/Pole and Line.
II............................. South Pacific Albacore Troll 8 9
Handline/Pole and Line.
II............................. Western Pacific Pelagic Handline/ 3 5
Pole and Line.
II............................. South Pacific Albacore Troll....... 35 38
II............................. South Pacific Tuna Fisheries Troll. 3 5
II............................. Western Pacific Pelagic Troll...... 19 21
III............................ Pacific Highly Migratory Species 100 126
Longline.
[[Page 20561]]
III............................ Pacific Highly Migratory Species 253 243
Troll.
----------------------------------------------------------------------------------------------------------------
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska); Table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial
fisheries on the high seas; and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants, vessels,
or persons licensed in a fishery, then the number from the most recent
LOF is used for the estimated number of vessels or persons in the
fishery. NMFS acknowledges that, in some cases, these estimates may be
inflations of actual effort. For example, the State of Hawaii does not
issue fishery-specific licenses, and the number of participants
reported in the LOF represents the number of commercial marine license
holders who reported using a particular fishing gear type/method at
least once in a given year, without considering how many times the gear
was used. For these fisheries, effort by a single participant is
counted the same whether the fisher used the gear only once or every
day. In the Mid-Atlantic and New England fisheries, the numbers
represent the potential effort for each fishery, given the multiple
gear types for which several state permits may allow. Changes made to
Mid-Atlantic and New England fishery participants will not affect
observer coverage or bycatch estimates, as observer coverage and
bycatch estimates are based on vessel trip reports and landings data.
Tables 1 and 2 serve to provide a description of the fishery's
potential effort (state and Federal). If NMFS is able to extract more
accurate information on the gear types used by state permit holders in
the future, the numbers will be updated to reflect this change. For
additional information on fishing effort in fisheries found on Table 1
or 2, contact the relevant regional office (contact information
included above in SUPPLEMENTARY INFORMATION).
For high seas fisheries, Table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously in this 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 2012. This list
includes all species and/or stocks known to be killed or injured in a
given fishery but also includes species and/or stocks for which there
are anecdotal records of a mortality or injury. Additionally, species
identified by logbook entries, stranding data, or fishermen self-
reports (i.e., 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 types, 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 exclusive economic zone (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 fisheries on either side of the
EEZ boundary. NMFS has designated those fisheries in each table by a
``*'' after the fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal species
Estimated number and/or stocks
Fishery description of vessels/ incidentally killed
persons or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
[[Page 20562]]
HI deep-set longline 135.............. Bottlenose dolphin,
*[caret]. HI Pelagic.
False killer whale,
MHI Insular.\1\
False killer whale,
HI Pelagic.\1\
False killer whale,
NWHI.
Pantropical spotted
dolphin, HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
GILLNET FISHERIES:
CA thresher shark/ 18............... Bottlenose dolphin,
swordfish drift gillnet CA/OR/WA offshore.
(>=14 in mesh) *.
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\
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
CA halibut/white seabass 50............... California sea lion,
and other species set U.S.
gillnet.
(>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, 30............... California sea lion,
and white seabass drift U.S.
gillnet (mesh size >=3.5
in and <14 in) \ 2\.
Long-beaked common
dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon 1,862............ Beluga whale, Bristol
drift gillnet \2\. Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Spotted seal, AK.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 979.............. Beluga whale, Bristol
gillnet \2\. Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Spotted seal, AK.
AK Kodiak salmon set 188.............. Harbor porpoise,
gillnet. 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,
Southcentral 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 162.............. Dall's porpoise, AK.
Islands salmon drift
gillnet \2\.
Harbor porpoise, GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
[[Page 20563]]
AK Peninsula/Aleutian 113.............. Harbor porpoise,
Islands salmon set Bering Sea.
gillnet \2\.
Northern sea otter,
Southwest AK.
Steller sea lion,
Western U.S.
AK Prince William Sound 537.............. Dall's porpoise, AK.
salmon drift gillnet.
Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Sea otter,
Southcentral 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 210.............. Dall's porpoise, CA/
salmon drift gillnet OR/WA.
(includes all inland
waters south of US-Canada
border and eastward of
the Bonilla-Tatoosh line-
Treaty Indian fishing is
excluded).
Harbor porpoise,
inland WA.\1\
Harbor seal, WA
inland.
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......... 25............... 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 228.............. Gray whale, Eastern
pot. North Pacific.
Humpback whale, CA/OR/
WA.\1\
LONGLINE/SET LINE FISHERIES:
AK Bering Sea, Aleutian 45............... Dall's Porpoise, AK.
Islands Pacific cod
longline.
Killer whale, GOA,
BSAI transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal, AK.
HI shallow-set longline * 15............... Blainville's beaked
[caret]. whale, HI.
Bottlenose dolphin,
HI Pelagic.
[[Page 20564]]
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.
American Samoa longline 22............... Bottlenose dolphin,
\2\. unknown.
Cuvier's beaked
whale, unknown.
False killer whale,
American Samoa.
Rough-toothed
dolphin, American
Samoa.
Short-finned pilot
whale, unknown.
HI shortline \2\.......... 9................ None documented
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, 1,778............ Harbor porpoise,
Norton Sound, Kotzebue Bering Sea.
salmon gillnet.
AK miscellaneous finfish 54............... Steller sea lion,
set gillnet. Western U.S.
AK Prince William Sound 29............... Harbor seal, GOA.
salmon set gillnet.
Sea otter,
Southcentral AK.
Steller sea lion,
Western U.S.
AK roe herring and food/ 920.............. None documented.
bait herring gillnet.
CA set gillnet (mesh size 296.............. None documented.
<3.5 in).
HI inshore gillnet........ 36............... Bottlenose dolphin,
HI.
Spinner dolphin, HI.
WA Grays Harbor salmon 24............... Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty Tribal fishing).
WA/OR Mainstem Columbia 15............... None documented.
River eulchon gillnet.
WA/OR lower Columbia River 110.............. California sea lion,
(includes tributaries) U.S.
drift gillnet.
Harbor seal, OR/WA
coast.
WA Willapa Bay drift 82............... Harbor seal, OR/WA
gillnet. coast.
Northern elephant
seal, CA breeding.
MISCELLANEOUS NET FISHERIES:
AK Cook Inlet salmon purse 83............... Humpback whale,
seine. Central North
Pacific.
AK Kodiak salmon purse 376.............. Humpback whale,
seine. Central North
Pacific.
AK Southeast salmon purse 315.............. None documented in
seine. the most recent five
years of data.
AK Metlakatla salmon purse 10............... None documented.
seine.
AK miscellaneous finfish 2................ None documented.
beach seine.
AK miscellaneous finfish 2................ None documented.
purse seine.
AK octopus/squid purse 0................ None documented.
seine.
AK roe herring and food/ 10............... None documented.
bait herring beach seine.
AK roe herring and food/ 356.............. None documented.
bait herring purse seine.
AK salmon beach seine..... 31............... None documented.
AK salmon purse seine 936.............. Harbor seal, GOA.
(excluding salmon purse
seine fisheries listed
elsewhere).
Harbor seal, Prince
William Sound.
WA/OR sardine purse seine. 42............... None documented.
CA anchovy, mackerel, 65............... California sea lion,
sardine purse seine. U.S.
Harbor seal, CA.
CA squid purse seine...... 80............... Long-beaked common
dolphin, CA Short-
beaked common
dolphin, CA/OR/WA.
CA tuna purse seine *..... 10............... None documented.
WA/OR Lower Columbia River 10............... None documented.
salmon seine.
WA/OR herring, smelt, 130.............. None documented.
squid purse seine or
lampara.
WA salmon purse seine..... 75............... None documented.
WA salmon reef net........ 11............... None documented.
HI lift net............... 17............... None documented.
HI inshore purse seine.... <3............... None documented.
HI throw net, cast net.... 23............... None documented.
HI seine net.............. 24............... None documented.
DIP NET FISHERIES:
CA squid dip net.......... 115.............. None documented.
MARINE AQUACULTURE FISHERIES:
CA marine shellfish unknown.......... None documented.
aquaculture.
CA salmon enhancement >1............... None documented.
rearing pen.
CA white seabass 13............... California sea lion,
enhancement net pens. U.S.
HI offshore pen culture... 2................ None documented.
[[Page 20565]]
WA salmon net pen......... 14............... California sea lion,
U.S.
Harbor seal, WA
inland waters.
WA/OR shellfish 23............... None documented.
aquaculture.
TROLL FISHERIES:
WA/OR/CA albacore surface 705.............. None documented.
hook and line/troll.
CA halibut hook and line/ unknown.......... None documented.
handline.
CA white seabass hook and unknown.......... None documented.
line/handline.
AK salmon troll........... 1,908............ Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
American Samoa tuna troll. 13............... None documented.
CA/OR/WA salmon troll..... 4,300............ None documented.
HI troll.................. 2,117............ Pantropical spotted
dolphin, HI.
HI rod and reel........... 322.............. None documented.
Commonwealth of the 40............... None documented.
Northern Mariana Islands
tuna troll.
Guam tuna troll........... 432.............. None documented.
LONGLINE/SET LINE FISHERIES:
AK Bering Sea, Aleutian 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 92............... Steller sea lion,
cod longline. Western U.S.
AK Gulf of Alaska rockfish 25............... None documented.
longline.
AK Gulf of Alaska 295.............. Sperm whale, North
sablefish longline. Pacific.
AK halibut longline/set 2,197............ None documented in
line (state and Federal the most recent five
waters). 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 CA/OR/WA offshore.
line.
WA/OR Pacific halibut 350.............. None documented.
longline.
CA pelagic longline....... 1................ None documented in
the most recent five
years of data.
HI kaka line.............. 15............... None documented.
HI vertical line.......... 3................ None documented.
TRAWL FISHERIES:
AK Bering Sea, Aleutian 13............... 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 55............... Steller sea lion,
cod 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 282.............. None documented.
otter/beam trawl.
AK shrimp otter trawl and 38............... None documented.
beam 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... 47............... California sea lion,
U.S.
Harbor porpoise,
unknown.
Harbor seal, unknown.
Northern elephant
seal, CA breeding.
Steller sea lion,
unknown.
CA sea cucumber trawl..... 16............... None documented.
WA/OR/CA shrimp trawl..... 300.............. None documented.
WA/OR/CA groundfish trawl. 160-180.......... California sea lion,
U.S.
Dall's porpoise, CA/
OR/WA.
Harbor seal, OR/WA
coast.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, CA/OR/WA.
Steller sea lion,
Eastern U.S.
POT, RING NET, AND TRAP
FISHERIES:
AK statewide miscellaneous 4................ None documented.
finfish pot.
AK Aleutian Islands 4................ None documented.
sablefish pot.
AK Bering Sea, Aleutian 59............... None documented.
Islands Pacific cod pot.
AK Bering Sea, Aleutian 540.............. Gray whale, Eastern
Islands crab pot. North Pacific.
AK Bering Sea sablefish 2................ None documented.
pot.
[[Page 20566]]
AK Gulf of Alaska crab pot 381.............. None documented.
AK Gulf of Alaska Pacific 128.............. Harbor seal, GOA.
cod pot.
AK Southeast Alaska crab 41............... Humpback whale,
pot. Central North
Pacific (Southeast
AK).
AK Southeast Alaska shrimp 269.............. Humpback whale,
pot. 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 36............... Gray whale, Eastern
pot. North Pacific.
Harbor seal, CA.
CA rock crab pot.......... 124.............. Gray whale, Eastern
North Pacific.
Harbor seal, CA.
CA spiny lobster.......... 194.............. Bottlenose dolphin,
CA/OR/WA offshore.
Humpback whale, CA/OR/
WA.
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 249.............. None documented.
crab pot/trap.
HI crab trap.............. 5................ Humpback whale,
Central North
Pacific.
HI fish trap.............. 9................ None documented.
HI lobster trap........... <3............... None documented in
recent years.
HI shrimp trap............ 10............... None documented.
HI crab net............... 4................ None documented.
HI Kona crab loop net..... 33............... None documented.
HOOK-AND-LINE, HANDLINE, AND
JIG FISHERIES:
AK 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. 17............... None documented.
Commonwealth of the 28............... None documented.
Northern Mariana Islands
bottomfish.
Guam bottomfish........... >300............. None documented.
HI aku boat, pole, and <3............... None documented.
line.
HI bottomfish handline.... 578.............. None documented in
recent years.
HI inshore handline....... 357.............. None documented.
HI pelagic handline....... 534.............. None documented.
WA groundfish, bottomfish 679.............. None documented.
jig.
Western Pacific squid jig. 0................ None documented.
HARPOON FISHERIES:
CA swordfish harpoon...... 6................ None documented.
POUND NET/WEIR FISHERIES:
AK herring spawn on kelp 409.............. None documented.
pound net.
AK Southeast herring roe/ 2................ None documented.
food/bait pound net.
HI bullpen trap........... 3................ None documented.
BAIT PENS:
WA/OR/CA bait pens........ 13............... California sea lion,
U.S.
DREDGE FISHERIES:
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.
HI black coral diving..... <3............... None documented.
HI fish pond.............. 5................ None documented.
HI handpick............... 46............... None documented.
HI lobster diving......... 19............... None documented.
HI spearfishing........... 163.............. None documented.
WA/CA kelp................ 4................ None documented.
WA/OR bait shrimp, clam 201.............. None documented.
hand, dive, or mechanical
collection.
OR/CA sea urchin, sea 10............... None documented.
cucumber hand, dive, or
mechanical collection.
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
AK/WA/OR/CA commercial >7,000 (2,702 AK) Killer whale,
passenger fishing vessel. unknown.
Steller sea lion,
Eastern U.S.
[[Page 20567]]
Steller sea lion,
Western U.S.
LIVE FINFISH/SHELLFISH
FISHERIES:
CA nearshore finfish live 93............... None documented.
trap/hook-and-line.
HI aquarium collecting.... 90............... None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AI--Aleutian Islands;
AK--Alaska; BS--Bering Sea; CA--California; ENP--Eastern North
Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main Hawaiian Islands;
OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy;* Fishery has an associated high seas
component listed in Table 3; [caret] The list of marine mammal species
and/or stocks killed or injured in this fishery is identical to the
list of species and/or stocks killed or injured in high seas component
of the fishery, minus species and/or stocks that have geographic
ranges exclusively on the high seas. The species and/or stocks are
found, and the fishery remains the same, on both sides of the EEZ
boundary. Therefore, the EEZ components of these fisheries pose the
same risk to marine mammals as the components operating on the high
seas.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal species
Estimated number and/or stocks
Fishery description of vessels/ incidentally killed
persons or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
Mid-Atlantic gillnet...... 4,063............ 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.... 4,332............ 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 10,163........... 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, 420.............. Atlantic spotted
Gulf of Mexico large dolphin, GMX
pelagics longline*. 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.
Harbor porpoise, GME,
BF.
Killer whale, GMX
oceanic.
[[Page 20568]]
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.
Pygmy sperm whale,
GMX.
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 272.............. None documented in
gillnet \2\. the most recent five
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\
Northeast anchored float 995.............. Harbor seal, WNA.
gillnet \2\.
Humpback whale, Gulf
of Maine.
White-sided dolphin,
WNA.
Northeast drift gillnet 1,567............ None documented.
\2\.
Southeast Atlantic gillnet 357.............. Bottlenose dolphin,
\2\. 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 507.............. Risso's dolphin, WNA.
trawl (including pair
trawl).
White-sided dolphin,
WNA.\1\
Mid-Atlantic bottom trawl. 994.............. Bottlenose dolphin,
WNA offshore.
Common dolphin,
WNA.\1\
Gray seal, WNA.
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
Northeast mid-water trawl 1,087............ Gray seal, WNA.
(including pair trawl).
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Common dolphin, WNA.
Northeast bottom trawl.... 3,132............ 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.
Risso's dolphin, WNA.
White-sided dolphin,
WNA.\1\
Southeastern U.S. 4,950............ Atlantic spotted
Atlantic, Gulf of Mexico dolphin, GMX
shrimp trawl. 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. 1,282............ Bottlenose dolphin,
Atlantic, Gulf of Mexico Biscayne Bay
stone crab trap/pot \2\. estuarine.
[[Page 20569]]
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 3,284............ Fin whale, WNA.
trap/pot \2\.
Humpback whale, Gulf
of Maine.
Atlantic blue crab trap/ 8,557............ Bottlenose dolphin,
pot. Central FL
coastal.\1\
Bottlenose dolphin,
Central GA estuarine
system.
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 40-42............ Bottlenose dolphin,
purse seine. GMX bay, sound,
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
Mid-Atlantic menhaden 19............... Bottlenose dolphin,
purse seine\2\. Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach 243.............. Bottlenose dolphin,
seine. 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.............. 47............... Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet......... >991............. None documented in
the most recent five
years of data.
DE River inshore gillnet.. Unknown.......... None documented in
the most recent five
years of data.
Long Island Sound inshore Unknown.......... None documented in
gillnet. the most recent five
years of data.
RI, southern MA (to Unknown.......... None documented in
Monomoy Island), and NY the most recent five
Bight (Raritan and Lower years of data.
NY Bays) inshore gillnet.
Southeast Atlantic inshore Unknown.......... 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 20............... None documented.
species trawl.
GA cannonball jellyfish 1................ Bottlenose dolphin,
trawl. SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
Finfish aquaculture....... 48............... Harbor seal, WNA.
Shellfish aquaculture..... unknown.......... None documented.
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic >7............... Harbor seal, WNA.
herring purse seine.
Gray seal, WNA.
[[Page 20570]]
Gulf of Maine menhaden >2............... None documented.
purse seine.
FL West Coast sardine 10............... Bottlenose dolphin,
purse seine. Eastern GMX coastal.
U.S. Atlantic tuna purse 5................ Long-finned pilot
seine *. whale, WNA.
Short-finned pilot
whale, WNA.
LONGLINE/HOOK-AND-LINE
FISHERIES:
Northeast/Mid-Atlantic >1,207........... None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 428.............. Bottlenose dolphin,
Atlantic tuna, shark WNA offshore.
swordfish hook-and-line/
harpoon.
Humpback whale, Gulf
of Maine.
Southeastern U.S. >5,000........... Bottlenose dolphin,
Atlantic, Gulf of Mexico, GMX continental
and Caribbean snapper- shelf.
grouper and other reef
fish bottom longline/hook-
and-line.
Southeastern U.S. <125............. Bottlenose dolphin,
Atlantic, Gulf of Mexico Eastern GMX coastal.
shark bottom longline/
hook-and-line.
Bottlenose dolphin,
Northern GMX
continental shelf.
Southeastern U.S. 1,446............ None documented.
Atlantic, Gulf of Mexico,
and Caribbean pelagic
hook-and-line/harpoon.
U.S. Atlantic, Gulf of Unknown.......... None documented.
Mexico trotline.
TRAP/POT FISHERIES
Caribbean mixed species >501............. None documented.
trap/pot.
Caribbean spiny lobster >197............. None documented.
trap/pot.
FL spiny lobster trap/pot. 1,268............ Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin,
FL Bay estuarine.
Gulf of Mexico blue crab 4,113............ Bottlenose dolphin,
trap/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 unknown.......... None documented.
species trap/pot.
Southeastern U.S. 10............... None documented.
Atlantic, Gulf of Mexico
golden crab trap/pot.
U.S. Mid-Atlantic eel trap/ Unknown.......... None documented.
pot.
STOP SEINE/WEIR/POUND NET/
FLOATING TRAP FISHERIES:
Gulf of Maine herring and >1............... Harbor porpoise, GME/
Atlantic mackerel stop BF.
seine/weir.
Harbor seal, WNA.
Minke whale, Canadian
east coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab 2,600............ None documented.
stop seine/weir.
U.S. Mid-Atlantic mixed Unknown.......... Bottlenose dolphin,
species stop seine/weir/ Northern NC
pound net (except the NC estuarine system.
roe mullet stop net).
RI floating trap.......... 9................ None documented.
DREDGE FISHERIES:
Gulf of Maine sea urchin Unknown.......... None documented.
dredge.
Gulf of Maine mussel Unknown.......... None documented.
dredge.
Gulf of Maine, U.S. Mid- >403............. None documented.
Atlantic sea scallop
dredge.
Mid-Atlantic blue crab Unknown.......... None documented.
dredge.
Mid-Atlantic soft-shell Unknown.......... None documented.
clam dredge.
Mid-Atlantic whelk dredge. Unknown.......... None documented.
U.S. Mid-Atlantic/Gulf of 7,000............ None documented.
Mexico oyster dredge.
New England and Mid- Unknown.......... None documented.
Atlantic offshore surf
clam/quahog dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach seine 15............... None documented in
the most recent five
years of data.
Gulf of Mexico haul/beach unknown.......... 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, Unknown.......... None documented.
hand/mechanical
collection.
Gulf of Mexico, Southeast Unknown.......... None documented.
Atlantic, Mid-Atlantic,
and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
[[Page 20571]]
Atlantic Ocean, Gulf of 4,000............ Bottlenose dolphin,
Mexico, Caribbean Biscayne Bay
commercial passenger estuarine.
fishing vessel.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Choctawhatchee Bay.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin,
FL Bay.
Bottlenose dolphin,
GMX bay, sound,
estuarine.
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
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; NY--New York; RI--Rhode
Island; SC--South Carolina; VA--Virginia; WNA--Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy; * Fishery has an associated high seas
component listed in Table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal species
Number of HSFCA and/or stocks
Fishery description permits incidentally killed
or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
Atlantic Highly Migratory 86............... 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 135.............. Bottlenose dolphin,
(HI Deep-set component) * HI Pelagic.
[caret].
False killer whale,
HI Pelagic.
Pantropical spotted
dolphin, HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
DRIFT GILLNET FISHERIES:
Pacific Highly Migratory 5................ Long-beaked common
Species [caret]. dolphin, CA.
Humpback whale, CA/OR/
WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
Atlantic Highly Migratory 1................ Undetermined.
Species.
[[Page 20572]]
TRAWL FISHERIES:
Atlantic Highly Migratory 1................ Undetermined.
Species **.
CCAMLR.................... 0................ Antarctic fur seal.
PURSE SEINE FISHERIES:
South Pacific Tuna 39............... Undetermined.
Fisheries.
Western Pacific Pelagic... 3................ Undetermined.
LONGLINE FISHERIES:
CCAMLR.................... 0................ None documented.
South Pacific Albacore 15............... Undetermined.
Troll.
South Pacific Tuna 8................ Undetermined.
Fisheries **.
Western Pacific Pelagic 15............... Blainville's beaked
(HI Shallow-set whale, HI.
component) * [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 3................ Undetermined.
Species.
Pacific Highly Migratory 50............... Undetermined.
Species.
South Pacific Albacore 9................ Undetermined.
Troll.
Western Pacific Pelagic... 5................ Undetermined.
TROLL FISHERIES:
Atlantic Highly Migratory 2................ Undetermined.
Species.
South Pacific Albacore 38............... Undetermined.
Troll.
South Pacific Tuna 5................ Undetermined.
Fisheries **.
Western Pacific Pelagic... 21............... Undetermined.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
Northwest Atlantic Bottom 1................ None documented.
Longline.
Pacific Highly Migratory 126.............. 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 243.............. None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX- Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
Washington; WNA--Western North Atlantic.
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in Table 1 or 2. The number of permits
listed in Table 3 represents only the number of permits for the high
seas component of the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004),
the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
license (in the case of the South Pacific Tuna fisheries). Because
HSFCA permits are valid for 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 *
[[Page 20573]]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot [caret]
Bottlenose Dolphin Take Reduction Plan Category I
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
Category II
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet
fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp trawl
[caret].
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot [caret].
VA pound net
False Killer Whale Take Reduction Plan Category I
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
and 229.34 (Mid-Atlantic). Northeast sink gillnet.
Pelagic Longline Take Reduction Plan Category I
(PLTRP)--50 CFR 229.36. Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics
longline.
Pacific Offshore Cetacean Take Category 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) at the proposed rule stage that this rule would
not have a significant economic impact on a substantial number of small
entities. No comments were received on that certification, and no new
information has been discovered to change that conclusion. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act. The collection of information for the
registration of individuals under the MMPA has been approved by the
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.15 hours per report for new registrants 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 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. This rule would not change NMFS's 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 FONSI, 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 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
[[Page 20574]]
classification of fisheries on the LOF is not considered to be a
management action that would adversely affect threatened or endangered
species. If NMFS takes a management action, for example, through the
development of a TRP, NMFS would consult under ESA section 7 on that
action.
This rule would have no adverse impacts on marine mammals and may
have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This rule would not affect the land or water uses or natural
resources of the coastal zone, as specified under section 307 of the
Coastal Zone Management Act.
References
Allen, B.M. and R.P. Angliss, editors. 2015. Alaska Marine
Mammal Stock Assessments, 2014. NOAA Tech. Memo. NMFS-AFSC-301. 270
p.
Boggs, C.H., D.P. Gonzales, and R.M. Kokubun. 2015. Marine
mammals reported under catch lost to predators on fishermen's
commercial catch reports to the State of Hawaii, 2003-2014. NMFS
Pacific Islands Fisheries Science Center Data Report DR-15-006. 14
p.
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.
2015. U.S. Pacific Marine Mammal Stock Assessments: 2014. NOAA
Technical Memorandum NOAA-TM-NMFS-SWFSC-549. 78 p.
Hatfield, B.B., J.A. Ames, J.A. Estes, M.T. Tinker, A.B.
Johnson, M.M. Staedler, and M.D. Harris. 2011. Sea otter mortality
in fish and shellfish traps: estimating potential impacts and
exploring possible solutions. Endangered Species Research 13:219-
229.
McCracken, M.L. 2010. Adjustments to false killer whale and
short-finned pilot whale bycatch estimates. NMFS Pacific Islands
Fisheries Science Center Working Paper WP-10-007. 23 p.
McCracken, M.L. 2014. Assessment of Incidental Interactions with
Marine Mammals in the Hawaii Deep and Shallow Set Fisheries from
2008 through 2012. NMFS Pacific Islands Fisheries Science Center,
PIFSC Internal Report IR-14-006. 1 p. + Excel spreadsheet.
NMFS (National Marine Fisheries Service). 2004. Evaluating
bycatch: a national approach to standardized bycatch monitoring
programs. U.S. Dep. Commer., NOAA Tech. Memo. NMFSF/SPO-66, 108 p.
On-line version, http://spo.nmfs.noaa.gov/tm.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel,
editors. 2015a. U.S. Atlantic and Gulf of Mexico Marine Mammal
Stocks Assessments, 2014. NOAA Technical Memorandum NOAA-NE-231. 355
p.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel,
editors. 2015b. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal
Stocks Assessments, 2015. NOAA Technical Memorandum NOAA-NE-xxx. 524
p. Available at: http://www.nmfs.noaa.gov/pr/sars/pdf/atl2015_draft.pdf.
Dated: April 5, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-08114 Filed 4-7-16; 8:45 am]
BILLING CODE 3510-22-P