[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3655-3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00250]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 160219129-6999-02]
RIN 0648-BF78


List of Fisheries for 2017

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 2017, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2017 reflects new information 
on interactions between commercial fisheries and marine mammals. NMFS 
must classify each commercial fishery on the LOF into one of three 
categories under the MMPA based upon the level of mortality and serious 
injury of marine mammals that occurs incidental to each fishery. The 
classification of a fishery on the LOF determines whether participants 
in that fishery are subject to certain provisions of the MMPA, such as 
registration, observer coverage, and take reduction plan (TRP) 
requirements.

DATES: The effective date of this final rule is February 13, 2017.

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, 727-824-5312; Penny 
Ruvelas, West Coast Region (CA), 562-980-4197; Lynne Barre, West Coast 
Region (WA/OR), 206-526-4745; Suzie Teerlink, Alaska Region, 907-586-
7240; 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.

[[Page 3656]]

    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 2017 LOF generally summarizes data from 2009-2013. 
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 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

[[Page 3657]]

Caribbean; and Table 3 lists all U.S.-authorized commercial fisheries 
on the high seas. A fourth table, Table 4, lists all commercial 
fisheries managed under applicable TRPs or take reduction teams (TRTs).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time 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. NMFS 
began posting Category III fishery fact sheets online with the LOF for 
2016.

Am I required to register under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization to lawfully take non-endangered and non-threatened marine 
mammals incidental to commercial fishing operations. Owners of vessels 
or gear engaged in a Category III fishery are not required to register 
with NMFS or obtain a marine mammal authorization.

How do I register and receive my Marine Mammal Authorization Program 
(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 West Coast 
Region, authorization certificates may be obtained from the Web site 
http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactions.html. In the Alaska Region, 
authorization certificates may be obtained from the Web site https://alaskafisheries.noaa.gov/pr/mmapregistration. 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

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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 either with each renewed state fishing 
license in Washington and Oregon, with their permit renewal for Federal 
fisheries, the timing of which varies based on target species, or via 
U.S. mail. 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 TRP 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 MMAP, including: Registration 
procedures and forms; current and past LOFs; descriptions of each 
Category I and II fishery; and some Category III fisheries; observer 
requirements; and marine mammal mortality/injury reporting forms and 
submittal procedures; may be obtained at: 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: Lynne Barre, Protected Resources Division;
    NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Penny Ruvelas;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Dawn 
Golden.

Sources of Information Reviewed for the 2017 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 MMAP, reports to the SRGs, conference papers, FMPs, 
and ESA documents.
    The LOF for 2017 was based on, among other things, stranding data; 
fisher self-reports; and SARs, primarily the 2015 SARs, which are based 
on data from 2009-2013 and the draft 2016 SARs, which cover 2010-2014. 
The SARs referenced in this LOF include: 2014 (80 FR 50599; August 20, 
2015), 2015 (81 FR 38676; June 14, 2016), and draft 2016 (81 FR 70097; 
October 11, 2016). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

[[Page 3659]]

Comments and Responses

    NMFS received four comment letters on the proposed LOF for 2017 (81 
FR 54019; August 15, 2016). Comments were received from the Alaska 
Commercial Fisheries Entry Commission (CFEC), Alaska Trollers 
Association (ATA), Center for Biological Diversity (CBD), and West 
Coast Fisheries Consultants, LLC (WCFC). Comments on Commercial 
Fisheries in the Pacific Ocean
    Comment 1: CBD recommends NMFS add Guadalupe fur seals to the list 
of species and/or stocks incidentally killed or injured in the Hawaii 
shallow-set longline fishery based on 2015 documented interactions.
    Response: The 2017 LOF is based on information on marine mammals 
and fisheries from the 2015 SARs and draft 2016 SARs. The recently 
observed Guadalupe fur seal interaction from 2015 has not yet been 
included in the SARs and has not yet been evaluated as part of the tier 
analysis for this fishery. This species will be included in a future 
LOF, as appropriate.
    Comment 2: CBD recommends that NMFS add Guadalupe fur seals to the 
list of species and/or stocks incidentally killed or injured in the CA 
drift gillnet and the gillnet fisheries that operate from Tillamook 
County, Oregon, to Jefferson County, Washington, such as the WA Willapa 
Bay drift gillnet, WA/OR lower Columbia River drift gillnet, and the WA 
Grays Harbor salmon drift gillnet based on seven documented 
interactions from 2010-2014.
    Response: As described in the 2016 Sources of human-related injury 
and mortality for U.S. Pacific West Coast marine mammal stocks, 2010-
2014, there have been 16 records of deaths and/or serious injuries to 
Guadalupe fur seals from stranding data from 2010-2014 (Carretta et 
al., 2016a). These strandings included entanglement in marine debris 
and gillnet of unknown origin, and shootings. The available data, 
including observer information from the CA drift gillnet fishery and 
the draft 2016 SAR, have been reviewed and the source(s) of those 
entanglements could not be determined; thus we have not made any 
changes to the LOF based on this information.
    Comment 3: CBD concurs with NMFS that the CA spiny lobster fishery 
should be classified as Category II and recommends NMFS list humpback 
whale, CA/OR/WA stock, as a species/stock driving classification.
    Response: NMFS agrees that the Category II reclassification of the 
CA spiny lobster fishery is warranted. In the proposed 2010 LOF (74 FR 
27739; June 11, 2009), NMFS proposed to add humpback whale, CA/OR/WA 
stock, to the species or stocks incidentally killed or injured in the 
CA spiny lobster fishery and to reclassify the fishery as Category II 
due to a 2007 report of a humpback whale entanglement that had been 
attributed to the fishery. However, during public comment on the 
proposed 2010 LOF, NMFS received information from the California 
Department of Fish and Game (the agency that reported the entanglement) 
that the report of the gear type and fishery was not considered 
reliable. Further, the entanglement was observed in July and the CA 
spiny lobster fishery occurs October through March. Based upon these 
public comments, NMFS did not add humpback to the species or stock 
incidentally killed or injured in the CA spiny lobster fishery and did 
not reclassify it in the final 2010 LOF (73 FR 73032; December 1, 
2008). The original 2007 entanglement report, attributing the 
entanglement to the spiny lobster fishery, was used in the SAR for the 
2013 humpback whale, CA/OR/WA stock and includes a mortality/serious 
injury of humpback whale in this fishery. The entanglement information 
in the SAR was not updated following public comment on the 2010 LOF. 
Based upon NMFS' review of this entanglement and input from the 
reporting agency during the 2010 LOF process, we are not using this 
humpback whale entanglement to recategorize the CA spiny lobster 
fishery. NMFS agrees that the new distinct population segment listings 
may change the way we identify the humpback whale stock along the U.S. 
West Coast. However, at this time we continue to use the CA/OR/WA stock 
of humpbacks, and associated PBR, as described in the MMPA for the LOF.
    Comment 4: CBD recommends NMFS add harbor seals to the list of 
species and/or stocks incidentally killed or injured in the CA spiny 
lobster fishery based on a 2010 documented injury.
    Response: NMFS disagrees with this recommendation. We reviewed all 
sources of human-related injury and mortality of harbor seals from 2010 
through 2014 and there were no interactions with pot/trap gear. 
Although the record for this specific incident does indicate that a 
piece of lobster trap gear was attached to the line on the animal, 
lobster trap was not indicated as the cause of the interaction, the 
interaction type was a hook and line fishery. Entanglement in hook and 
line, not pot/trap, gear is consistent with other documented 
interactions with harbor seals.
    Comment 5: WCFC recommends NMFS classify CA spiny lobster as 
Category III. WCFC believes the 2008 bottlenose dolphin injury, which 
is driving the classification of this fishery, did not warrant serious 
injury designation. WCFC notes that there have been no documented 
interactions with bottlenose dolphins in the most recent five-year 
period.
    Response: The commenter's first point is outside the scope of the 
LOF. Serious injury determinations are made by NMFS consistent with the 
current Guidelines for Assessing Marine Mammal Stocks (GAMMS) and the 
2012 policy on assessing serious injury. The commenter should make any 
comments on injury determinations during the annual comment period for 
the relevant stock's SAR change. On the commenter's second point, there 
are no observers in the CA spiny lobster fishery. The interaction with 
the common bottlenose dolphin was based upon a stranding report and 
disentanglement effort. In 2015, there was an entanglement of a 
humpback whale in spiny lobster gear. This incident was not used in 
making our recommendations for the 2017 LOF because it was outside the 
5-year data period (2009-2013) we relied upon. When the 2015 
entanglement is included in the SAR and accounted for on the LOF, the 
entanglement will keep the spiny lobster trap fishery in Category II.
    Comment 6: CBD recommends NMFS reclassify the Gulf of Alaska 
sablefish longline fishery as a Category II fishery and add the western 
U.S. stock of Steller sea lions to the list of species incidentally 
killed or injured in the fishery. CBD stated their proposed 
reclassification should be based on the total annual mortality and 
serious injury of this stock due to fisheries (31), which is more than 
10 percent of the PBR (297). Therefore, the fishery should be listed as 
Category II. In addition, CBD reiterates its 2016 comment (81 FR 40874; 
June 23, 2016) about incidental take of sperm whales in the sablefish 
longline fishery. Four sperm whales were observed seriously injured 
incidental to the Gulf of Alaska sablefish longline fishery (two each 
observed in 2012 and 2013). However, NMFS did not provide extrapolated 
estimates of sperm whale mortality and serious injury. Nonetheless, 
using the extrapolation applied in 2012 for the mortality of western 
U.S. stock of Steller sea lions in this fishery would result in an 
estimated 11 sperm whales seriously injured in 2012. Observer coverage 
in 2013 (13 percent) was slightly less than in 2012 (14 percent), which 
according to

[[Page 3660]]

CBD means that a conservative estimate of sperm whales seriously 
injured in 2013 would likely be approximately 11. CBD expressed concern 
that PBR is said to be unknown for this stock of sperm whales in the 
stock assessment report. CBD noted the response to their 2016 comment 
said that NMFS would ``conduct a full evaluation of this stock and this 
fishery pursuant to the LOF'' and predicted that it would be done ``for 
the next annual LOF, likely the 2017 LOF.'' CBD requests NMFS now 
consider the information.
    Response: The single observed Steller sea lion mortality in 2012 
referenced in this comment is extrapolated and averaged over five years 
to account for inter-annual variability in the 5-year window being 
considered for the 2017 LOF (2009-2013). Therefore, the 5-year average 
annual mortality and serious injury estimate for the western U.S. stock 
of Steller sea lions specific to the Gulf of Alaska sablefish longline 
is 1.1 (CV = 0.91). Please refer to the preamble supplementary 
information of this Rule for clarification on the complete process 
under which commercial fisheries are annually categorized for the LOF. 
In short, the LOF analysis is conducted in a two-tier process. The Tier 
1 analysis assesses potential impacts to a particular marine mammal 
stock from all fisheries. NMFS compares the average annual mortality 
and serious injury estimates across fisheries to that stock's PBR. If 
the average annual mortality and serious injury estimate is greater 
than 10 percent of the PBR, NMFS considers the contribution of 
individual fisheries in the Tier 2 analysis. The Tier 2 analysis then 
compares mortality and serious injury by individual fisheries to that 
marine mammal stock's PBR and places the fishery in the appropriate LOF 
Category in accordance with established thresholds for Category I to 
III.
    The Tier 1 analysis of the western U.S. stock of Steller sea lions 
indicates the annual mortality and serious injury estimate from all 
fisheries (31) is greater than 10 percent of the PBR (297). Therefore, 
fisheries that interact with this stock are subject to a Tier 2 
analysis. The Tier 2 analysis for the Gulf of Alaska sablefish longline 
with an average annual mortality and serious injury of 1.1 western U.S. 
Steller sea lions (0.37 percent of PBR) results in the fishery being 
placed in Category III, as it is below the Category II threshold of 1 
percent of PBR.
    In regards to sperm whales, since the close of the proposed 2017 
LOF comment period, NMFS published the draft 2016 SARs (81 FR 70097; 
October 11, 2016). The sperm whale SAR now includes an average annual 
mortality and serious injury estimate (2.2). NMFS will consider this 
new estimate and evaluate the fishery for the 2018 LOF when the 2016 
SAR should be final.
    Comment 7: CFEC and ATA recommend NMFS leave the AK miscellaneous 
finfish handline/hand troll and mechanical jig fishery classified as 
Category III. The commenters note that there is no documentation to 
link the vessel to a commercial fishing trip and that the vessel was at 
anchor in safe harbor and not involved in the act of commercial 
fishing.
    Response: NMFS reviewed the available reports and data surrounding 
this incident. The vessel's crew identified themselves as Pacific cod 
jig fishermen, but it appears that this vessel did not land any Pacific 
cod fished by jig during the year that the incident took place (2013). 
Further, this vessel had only 7 reported landings in 2013, all in the 
Pacific cod pot fishery. However, these landings occurred outside the 
time frame of the incident. Specifically, the vessel landed Pacific cod 
(using pot gear) two weeks prior to the incident and not again until 
five months after the incident. Therefore, the interaction will not be 
assigned to the AK miscellaneous finfish handline/hand troll and 
mechanical jig fishery. This fishery will not be reclassified as 
Category II and will remain in Category III in the 2017 LOF Final Rule.
    Comment 8: CFEC and ATA recommend NMFS consider re-characterizing 
the fisheries grouped together in the AK miscellaneous finfish 
handline/hand troll and mechanical jig fishery.
    Response: NMFS agrees that AK miscellaneous finfish handline/hand 
troll and mechanical jig is currently grouped to include gear and 
fishing techniques too diverse to effectively evaluate potential risk 
to marine mammals. NMFS will review the characteristics of these 
fisheries and will propose a more appropriate characterization in the 
2018 LOF.

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

    Comment 9: CBD recommends NMFS add humpback whales to the list of 
species and/or stocks incidentally killed or injured in the 
Southeastern U.S. Atlantic shark gillnet fishery based on a 2012 
injury.
    Response: The 2012 gillnet entanglement of the humpback whale 
occurred in the Mid-Atlantic Gillnet Fishery (Waring et al., 2015). The 
humpback whale, Gulf of Maine stock is currently listed as a ``marine 
mammal species and/or stock incidentally killed or injured'' in the 
Mid-Atlantic gillnet fishery in the LOF.

Summary of Changes From the Proposed Rule

    NMFS retains AK miscellaneous finfish handline/hand troll and 
mechanical jig fishery as Category III and does not reclassify the 
fishery to Category II as proposed.

Summary of Changes to the LOF for 2017

    The following summarizes changes to the LOF for 2017, including the 
classification of fisheries, fisheries listed, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. NMFS 
re-classifies one fishery in the LOF for 2017. Additionally, NMFS adds 
one fishery to the LOF. NMFS is aware a new fishery, AK Gulf of Alaska 
sablefish pot, will be starting in 2017 and will characterize this 
fishery on the 2018 LOF. NMFS makes changes to the estimated number of 
vessels/persons and list of species and/or stocks killed or injured in 
certain fisheries. The classifications and definitions of U.S. 
commercial fisheries for 2017 are identical to those provided in the 
LOF for 2016 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 CA spiny lobster fishery from Category III to 
Category II. NMFS makes an administrative correction to list this 
fishery under Category II in Table 1. In the proposed rule, the fishery 
was mistakenly left as Category III.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:

[[Page 3661]]



----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of vessels/
             Category                              Fishery                  persons  (2016      persons  (2017
                                                                                 LOF)                LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  HI deep-set longline................                 135                 139
II................................  HI shallow-set longline.............                  15                  20
II................................  American Samoa longline.............                  22                  20
III...............................  American Samoa bottomfish handline..                  17                  24
----------------------------------------------------------------------------------------------------------------

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

    NMFS adds the Hawaii stock of pygmy killer whale and removes the 
Hawaii pelagic stock of pantropical spotted dolphin on the list of 
stocks incidentally killed or injured in the Category I Hawaii deep-set 
longline fishery.
    NMFS adds the Hawaii stock of rough-toothed dolphin and removes the 
Hawaii stock of Kogia spp. on the list of stocks killed or injured in 
the Category II Hawaii shallow-set longline fishery.
    NMFS adds the Northeast Pacific stock of fin whale to the list of 
stocks killed or injured in the AK miscellaneous finfish handline/hand 
troll and mechanical jig fishery.
    NMFS adds the CA/OR/WA stock of short-finned pilot whale to the 
list of stocks incidentally killed or injured in the CA thresher shark/
swordfish drift gillnet (>=14 in mesh) fishery.

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

Addition of Fisheries

    NMFS adds the Northeast and Mid-Atlantic fyke net fishery to the 
list of Category III fisheries.

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  (2016      persons  (2017
                                                                                 LOF)                LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  Mid-Atlantic Gillnet................                4063                3950
II................................  Chesapeake Bay Inshore Gillnet......                 272                 248
II................................  Gulf of Mexico Gillnet..............                 724                 248
II................................  NC Inshore Gillnet..................                1323                2850
II................................  Northeast Anchored Gillnet..........                 995                 852
II................................  Northeast Drift Gillnet.............                1567                1036
II................................  Southeast Atlantic Gillnet..........                 357                 273
II................................  Mid-Atlantic Mid-water Trawl........                 507                 382
II................................  Mid-Atlantic Bottom Trawl...........                 994                 785
II................................  Northeast Bottom Trawl..............                3132                2238
II................................  Southeastern U.S. Atlantic, Gulf of                 1282                1384
                                     Mexico Stone Crab Trap/Pot.
II................................  Atlantic Mixed Species Trap/Pot.....                3284                3436
II................................  Atlantic Blue Crab Trap/Pot.........                8557                7714
II................................  Mid-Atlantic Haul Beach Seine.......                 243                 359
II................................  NC Long Haul Seine..................                 372                  30
II................................  NC Roe Mullet Stop Net..............                  13                   1
II................................  VA Pound Net........................                  47                  26
----------------------------------------------------------------------------------------------------------------

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

    NMFS removes the Western North Atlantic stock of harbor seal from 
the list of species incidentally killed or injured in the Category I 
Northeast/Mid-Atlantic American lobster trap/pot fishery.
    NMFS removes Risso's dolphin, Western North Atlantic stock, and 
adds the Western North Atlantic stocks of harbor seal and gray seal to 
the list of species incidentally killed or injured in the Category II 
Mid-Atlantic Mid-water trawl fishery.
    NMFS adds the Canadian East coast stock of minke whale to the list 
of species incidentally killed or injured in the Category II Northeast 
midwater trawl fishery.
    NMFS removes the Canadian East coast stock of minke whale from the 
list of species incidentally killed or injured in the Category II 
Northeast bottom trawl fishery.
    NMFS removes the Western North Atlantic stock of short-finned pilot 
whale from the list of species incidentally killed or injured in the 
Category II Northeast sink gillnet fishery.
    NMFS removes the following stocks from the list of species 
incidentally killed or injured in the Category I Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline fishery: Western 
North Atlantic stock of Atlantic spotted dolphin, Gulf of Mexico stock 
of Gervais beaked whale, Gulf of Mexico oceanic stock of killer whale, 
Western North Atlantic stock of Pantropical spotted dolphin, and Gulf 
of Mexico oceanic stock of sperm whale.
    NMFS adds unknown stock (likely Northern migratory coastal or 
Southern migratory coastal) of bottlenose dolphin to the list of stocks 
incidentally killed or injured in the Category II Chesapeake Bay 
inshore gillnet fishery.
    NMFS adds the Mississippi Sound, Lake Borgne, Bay Boudreau stock of 
bottlenose dolphin to the list of stocks incidentally killed or injured 
in the Category II Gulf of Mexico menhaden purse seine fishery.
    NMFS adds the Florida Keys stock of bottlenose dolphin to the list 
of stocks incidentally killed or injured in the Category III Florida 
spiny lobster trap/pot fishery.
    NMFS adds the Barataria Bay stock and the Mississippi Sound, Lake 
Borgne, Bay Boudreau stock of bottlenose dolphin to the list of stocks 
incidentally killed or injured in the Category III Gulf of Mexico blue 
crab trap/pot fishery.

[[Page 3662]]

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons on the High 
Seas (Table 3) as follows:

----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of  vessels/
             Category                              Fishery                  persons  (2016      persons  (2017
                                                                                 LOF)                LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  Western Pacific pelagic longline (HI                 135                 139
                                     deep-set component).
II................................  Atlantic highly migratory species                      1                   0
                                     drift gillnet.
II................................  South Pacific tuna purse seine......                  39                  38
II................................  South Pacific albacore troll                          15                  10
                                     longline.
II................................  South Pacific tuna longline.........                   8                   2
II................................  Western Pacific pelagic longline (HI                  15                  20
                                     shallow-set component).
II................................  Pacific highly migratory species                      50                  46
                                     handline/pole and line.
II................................  South Pacific albacore troll                           9                   7
                                     handline/pole and line.
II................................  Western Pacific pelagic handline/                      5                   2
                                     pole and line.
II................................  South Pacific albacore troll troll..                  38                  30
II................................  South Pacific tuna troll............                   5                   4
II................................  Western Pacific pelagic troll.......                  21                  17
III...............................  Pacific highly migratory species                     126                 114
                                     longline.
III...............................  Pacific highly migratory species                       8                   6
                                     purse seine.
III...............................  Pacific highly migratory species                     243                 187
                                     troll.
----------------------------------------------------------------------------------------------------------------

List of Species and/or Stocks Incidentally Killed or Injured on the 
High Seas

    NMFS adds the Hawaii stock of pygmy killer whale and removes the 
Hawaii pelagic stock of pantropical spotted dolphin on the list of 
stocks incidentally killed or injured in the Category I Western Pacific 
pelagic longline (HI deep-set component) fishery.
    NMFS adds the Hawaii stock of rough-toothed dolphin and removes the 
Hawaii stock of Kogia spp. on the list of stocks killed or injured in 
the Category II Western Pacific pelagic longline (HI shallow-set 
component) fishery.
    NMFS adds the CA breeding stock of northern elephant seal to the 
list of stocks killed or injured in the Category II Western Pacific 
pelagic longline (HI shallow-set component) fishery.

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska), Table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial 
fisheries on the high seas, and Table 4 lists fisheries affected by 
TRPs or TRTs.
    In Tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort. For example, the State of Hawaii does not 
issue fishery-specific licenses, and the number of participants 
reported in the LOF represents the number of commercial marine license 
holders who reported using a particular fishing gear type/method at 
least once in a given year, without considering how many times the gear 
was used. For these fisheries, effort by a single participant is 
counted the same whether the 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

[[Page 3663]]

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:
    HI deep-set longline *                    139  Bottlenose dolphin,
     [caret].                                       HI Pelagic.
                                                   False killer whale,
                                                    MHI Insular.\1\
                                                   False killer whale,
                                                    HI Pelagic.\1\
                                                   False killer whale,
                                                    NWHI.
                                                   Pygmy killer whale,
                                                    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.
                                                   Short-finned pilot
                                                    whale, 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                      Long-beaked common
     in and <14 in) \2\.                            dolphin, CA.
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA.
    AK Bristol Bay salmon                   1,862  Beluga whale, 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.

[[Page 3664]]

 
    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, South
                                                    central AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Cook Inlet salmon                      569  Beluga whale, Cook
     drift gillnet.                                 Inlet.
                                                   Dall's porpoise, AK.
                                                   Harbor porpoise,
                                                    GOA.\1\
                                                   Harbor seal, GOA.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Peninsula/Aleutian                     162  Dall's porpoise, AK
     Islands salmon drift                          Harbor porpoise, GOA.
     gillnet \2\.                                  Harbor seal, GOA.
                                                   Northern fur seal,
                                                    Eastern Pacific.
    AK Peninsula/Aleutian                     113  Harbor porpoise,
     Islands salmon set                             Bering Sea.
     gillnet \2\.                                  Northern sea otter,
                                                    Southwest AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Prince William Sound                   537  Dall's porpoise, AK.
     salmon drift gillnet.                         Harbor porpoise,
                                                    GOA.\1\
                                                   Harbor seal, GOA.
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific
                                                   Sea otter, South
                                                    central AK.
                                                   Steller sea lion,
                                                    Western U.S.\1\
    AK Southeast salmon drift                 474  Dall's porpoise, AK.
     gillnet.                                      Harbor porpoise,
                                                    Southeast AK.
                                                   Harbor seal,
                                                    Southeast AK.
                                                   Humpback whale,
                                                    Central North
                                                    Pacific.\1\
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific.
                                                   Steller sea lion,
                                                    Eastern U.S.
    AK yakutat salmon set                     168  Gray whale, Eastern
     gillnet \2\.                                   North Pacific.
                                                   Harbor Porpoise,
                                                    Southeastern AK.
                                                   Harbor seal,
                                                    Southeast AK.
                                                   Humpback whale,
                                                    Central North
                                                    Pacific (Southeast
                                                    AK).
    WA Puget Sound Region                     210  Dall's porpoise, CA/
     salmon drift gillnet                           OR/WA.
     (includes all inland                          Harbor porpoise,
     waters south of U.S.-                          inland WA.\1\
     Canada border and                             Harbor seal, WA
     eastward of the Bonilla-                       inland.
     Tatoosh line-Treaty
     Indian fishing is
     excluded).
TRAWL FISHERIES:
    AK Bering Sea, Aleutian                    32  Bearded seal, 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.

[[Page 3665]]

 
    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 spiny lobster.........                 194  Bottlenose dolphin,
                                                    CA/OR/WA offshore.
                                                   Humpback whale, CA/OR/
                                                    WA.
                                                   Gray whale, Eastern
                                                    North Pacific.
    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                           Killer whale, GOA,
     longline.                                      BSAI transient.\1\
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Ringed seal, AK.
    HI shallow-set longline *                  20  Blainville's beaked
     [caret].                                       whale, HI.
                                                   Bottlenose dolphin,
                                                    HI Pelagic.
                                                   False killer whale,
                                                    HI Pelagic.\1\
                                                   Humpback whale,
                                                    Central North
                                                    Pacific.
                                                   Risso's dolphin, HI.
                                                   Rough-toothed
                                                    dolphin, HI.
                                                   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, South
                                                    central AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK roe herring and food/                  920  None documented.
     bait herring gillnet.
    CA set gillnet (mesh size                 296  None documented.
     <3.5 in).
    HI inshore gillnet.......                  36  Bottlenose dolphin,
                                                    HI.
                                                   Spinner dolphin, HI.
    WA Grays Harbor salmon                     24  Harbor seal, OR/WA
     drift gillnet (excluding                       coast.
     treaty Tribal fishing).
    WA/OR Mainstem Columbia                    15  None documented.
     River eulchon gillnet.
    WA/OR lower Columbia                      110  California sea lion,
     River (includes                                U.S.
     tributaries) drift                            Harbor seal, OR/WA
     gillnet.                                       coast.
    WA Willapa Bay drift                       82  Harbor seal, OR/WA
     gillnet.                                       coast.
                                                   Northern elephant
                                                    seal, CA breeding.
MISCELLANEOUS NET FISHERIES:
    AK Cook Inlet salmon                       83  Humpback whale,
     purse seine.                                   Central North
                                                    Pacific.
    AK Kodiak salmon purse                    376  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                       10  None documented.
     purse seine.

[[Page 3666]]

 
    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                       Harbor seal, Prince
     seine fisheries listed                         William Sound.
     elsewhere).
    WA/OR sardine purse seine                  42  None documented.
    CA anchovy, mackerel,                      65  California sea lion,
     sardine purse seine.                           U.S.
                                                   Harbor seal, CA.
    CA squid purse seine.....                  80  Long-beaked common
                                                    dolphin, CA Short-
                                                    beaked common
                                                    dolphin, CA/OR/WA.
    CA tuna purse seine *....                  10  None documented.
    WA/OR Lower Columbia                       10  None documented.
     River salmon seine.
    WA/OR herring, smelt,                     130  None documented.
     squid purse seine or
     lampara.
    WA salmon purse seine....                  75  None documented.
    WA salmon reef net.......                  11  None documented.
    HI lift net..............                  17  None documented.
    HI inshore purse seine...                  <3  None documented.
    HI throw net, cast net...                  23  None documented.
    HI seine net.............                  24  None documented.
DIP NET FISHERIES:
    CA squid dip net.........                 115  None documented.
MARINE AQUACULTURE FISHERIES:
    CA marine shellfish                   unknown  None documented.
     aquaculture.
    CA salmon enhancement                      >1  None documented.
     rearing pen.
    CA white seabass                           13  California sea lion,
     enhancement net pens.                          U.S.
    HI offshore pen culture..                   2  None documented.
    WA salmon net pens.......                  14  California sea lion,
                                                    U.S.
                                                   Harbor seal, WA
                                                    inland waters.
    WA/OR shellfish                            23  None documented.
     aquaculture.
TROLL FISHERIES:
    WA/OR/CA albacore surface                 705  None documented.
     hook and line/troll.
    CA halibut hook and line/             unknown  None documented.
     handline.
    CA white seabass hook and             unknown  None documented.
     line/handline.
    AK 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                          92  Steller sea lion,
     Pacific. cod longline.                         Western U.S.
    AK Gulf of Alaska                          25  None documented.
     rockfish 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                         Steller sea lion,
     trawl.                                         Western U.S.
    AK Bering Sea, Aleutian                    72  Ringed seal, AK.
     Islands Pacific cod                           Steller sea lion,
     trawl.                                         Western U.S.
    AK Gulf of Alaska                          36  Northern elephant
     flatfish trawl.                                seal, North Pacific.
    AK Gulf of Alaska                          55  Steller sea lion,
     Pacific. cod trawl.                            Western U.S.

[[Page 3667]]

 
    AK Gulf of Alaska pollock                  67  Dall's porpoise, AK.
     trawl.                                        Fin whale, Northeast
                                                    Pacific.
                                                   Northern elephant
                                                    seal, North Pacific.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Gulf of Alaska                          43  None documented.
     rockfish trawl.
    AK food/bait herring                        4  None documented.
     trawl.
    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                     2  None documented.
     of 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                                4  None documented.
     miscellaneous 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.
    AK Gulf of Alaska crab                    381  None documented.
     pot.
    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                       269  Humpback whale,
     shrimp 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.
    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  Fin whale, Northeast
     handline/hand troll and                        Pacific.
     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                  24  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                      0  None documented.
     jig.
HARPOON FISHERIES:
    CA swordfish harpoon.....                   6  None documented.
POUND NET/WEIR FISHERIES:

[[Page 3668]]

 
    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.
                                                   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/persons   incidentally killed
                                                         or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
    Mid-Atlantic gillnet.....               3,950  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.

[[Page 3669]]

 
    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.
                                                   White-sided dolphin,
                                                    WNA.
TRAP/POT FISHERIES:
    Northeast/Mid-Atlantic                 10,163  Humpback whale, Gulf
     American lobster trap/                         of Maine.
     pot.                                          Minke whale, Canadian
                                                    east coast.
                                                   North Atlantic right
                                                    whale, WNA.\1\
LONGLINE FISHERIES:
    Atlantic Ocean,                           234  Atlantic spotted
     Caribbean, Gulf of                             dolphin, GMX
     Mexico large pelagics                          continental and
     longline *.                                    oceanic.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    oceanic.
                                                   Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin, WNA.
                                                   Cuvier's beaked
                                                    whale, WNA.
                                                   False killer whale,
                                                    WNA.
                                                   Harbor porpoise, GME,
                                                    BF.
                                                   Kogia spp. (Pygmy or
                                                    dwarf sperm whale),
                                                    WNA.
                                                   Long-finned pilot
                                                    whale, WNA.\1\
                                                   Mesoplodon beaked
                                                    whale, WNA.
                                                   Minke whale, Canadian
                                                    East coast.
                                                   Pantropical spotted
                                                    dolphin, Northern
                                                    GMX.
                                                   Pygmy sperm whale,
                                                    GMX.
                                                   Risso's dolphin,
                                                    Northern GMX.
                                                   Risso's dolphin, WNA.
                                                   Short-finned pilot
                                                    whale, Northern GMX.
                                                   Short-finned pilot
                                                    whale, WNA.\1\
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
    Chesapeake Bay inshore                    248  Bottlenose dolphin,
     gillnet \2\.                                   unknown (Northern
                                                    migratory coastal or
                                                    Southern migratory
                                                    coastal).
    Gulf of Mexico gillnet                    248  Bottlenose dolphin,
     \2\.                                           GMX bay, sound, and
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Western GMX coastal.
    NC inshore gillnet.......               2,850  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.\1\
    Northeast anchored float                  852  Harbor seal, WNA.
     gillnet \2\.                                  Humpback whale, Gulf
                                                    of Maine.
                                                   White-sided dolphin,
                                                    WNA.
    Northeast drift gillnet                 1,036  None documented.
     \2\.
    Southeast Atlantic                        273  Bottlenose dolphin,
     gillnet \2\.                                   Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Northern FL coastal.
                                                   Bottlenose dolphin,
                                                    SC/GA coastal.
                                                   Bottlenose dolphin,
                                                    Southern migratory
                                                    coastal.
    Southeastern U.S.                          30  Bottlenose dolphin,
     Atlantic shark gillnet.                        unknown (Central FL,
                                                    Northern FL, SC/GA
                                                    coastal, or Southern
                                                    migratory coastal).
                                                   North Atlantic right
                                                    whale, WNA.
TRAWL FISHERIES:
    Mid-Atlantic mid-water                    382  Gray seal, WNA.
     trawl (including pair                         Harbor seal, WNA.
     trawl).                                       White-sided dolphin,
                                                    WNA.\1\
    Mid-Atlantic bottom trawl                 785  Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin,
                                                    WNA.\1\
                                                   Gray seal, WNA.
                                                   Harbor seal, WNA.
                                                   Risso's dolphin,
                                                    WNA.\1\

[[Page 3670]]

 
    Northeast mid-water trawl               1,087  Common dolphin, WNA.
     (including pair trawl).                       Gray seal, WNA.
                                                   Harbor seal, WNA.
                                                   Long-finned pilot
                                                    whale, WNA.\1\
                                                   Minke whale, Canadian
                                                    East Coast.
    Northeast bottom trawl...               2,238  Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin, WNA.
                                                   Gray seal, WNA.
                                                   Harbor porpoise, GME/
                                                    BF.
                                                   Harbor seal, WNA.
                                                   Harp seal, WNA.
                                                   Long-finned pilot
                                                    whale, WNA.
                                                   Risso's dolphin, WNA.
                                                   White-sided dolphin,
                                                    WNA.\1\
    Southeastern U.S.                       4,950  Atlantic spotted
     Atlantic, Gulf of Mexico                       dolphin, 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.                       1,384  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Biscayne Bay
     stone crab trap/pot \2\.                       estuarine.
                                                   Bottlenose dolphin,
                                                    Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal.
                                                   Bottlenose dolphin,
                                                    FL Bay.
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine (FL west
                                                    coast portion).
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Jacksonville
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
    Atlantic mixed species                  3,436  Fin whale, WNA.
     trap/pot \2\.                                 Humpback whale, Gulf
                                                    of Maine.
    Atlantic blue crab trap/                7,714  Bottlenose dolphin,
     pot.                                           Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Central GA estuarine
                                                    system.
                                                   Bottlenose dolphin,
                                                    Charleston estuarine
                                                    system.\1\
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Jacksonville
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Northern FL
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Northern GA/Southern
                                                    SC estuarine system.
                                                   Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Northern SC
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    SC/GA coastal.
                                                   Bottlenose dolphin,
                                                    Southern GA
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.
                                                   West Indian manatee,
                                                    FL.
PURSE SEINE FISHERIES:
    Gulf of Mexico menhaden                 40-42  Bottlenose dolphin,
     purse seine.                                   GMX bay, sound,
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Mississippi Sound,
                                                    Lake Borgne, Bay
                                                    Boudreau.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Western GMX
                                                    coastal.\1\
    Mid-Atlantic menhaden                      19  Bottlenose dolphin,
     purse seine \2\.                               Northern Migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach                   359  Bottlenose dolphin,
     seine.                                         Northern Migratory
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.\1\
    NC long haul seine.......                  30  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.
STOP NET FISHERIES:

[[Page 3671]]

 
    NC roe mullet stop net...                   1  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    unknown (Southern
                                                    migratory coastal or
                                                    Southern NC
                                                    estuarine system).
POUND NET FISHERIES:
    VA pound net.............                  26  Bottlenose dolphin,
                                                    Northern migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.\1\
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    Caribbean gillnet........                >991  None documented in
                                                    the most recent five
                                                    years of data.
    DE River inshore gillnet.             unknown  None documented in
                                                    the most recent five
                                                    years of data.
    Long Island Sound inshore             unknown  None documented in
     gillnet.                                       the most recent five
                                                    years of data.
    RI, southern MA (to                   unknown  None documented in
     Monomoy Island), and NY                        the most recent five
     Bight (Raritan and Lower                       years of data.
     NY Bays) inshore gillnet.
    Southeast Atlantic                    unknown  Bottlenose dolphin,
     inshore gillnet.                               Northern SC
                                                    estuarine system.
TRAWL FISHERIES:
    Atlantic shellfish bottom                 >58  None documented.
     trawl.
    Gulf of Mexico butterfish                   2  Bottlenose dolphin,
     trawl.                                         Northern GMX
                                                    oceanic.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    continental shelf.
    Gulf of Mexico mixed                       20  None documented.
     species trawl.
    GA cannonball jellyfish                     1  Bottlenose dolphin,
     trawl.                                         SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
    Finfish aquaculture......                  48  Harbor seal, WNA.
    Shellfish aquaculture....             unknown  None documented.
PURSE SEINE FISHERIES:
    Gulf of Maine Atlantic                     >7  Harbor seal, WNA.
     herring purse seine.                          Gray seal, WNA.
    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/                      Humpback whale, Gulf
     harpoon.                                       of Maine.
    Southeastern U.S.                      >5,000  Bottlenose dolphin,
     Atlantic, Gulf of                              GMX continental
     Mexico, and Caribbean                          shelf.
     snapper-grouper and
     other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S.                        <125  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Eastern GMX coastal.
     shark bottom longline/                        Bottlenose dolphin,
     hook-and-line.                                 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.
                                                   Bottlenose dolphin,
                                                    FL Keys.
    Gulf of Mexico blue crab                4,113  Bottlenose dolphin,
     trap/pot.                                      Barataria Bay.
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal.
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Mississippi Sound,
                                                    Lake Borgne, Bay
                                                    Boudreau.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Western GMX coastal.
                                                   West Indian manatee,
                                                    FL.
    Gulf of Mexico mixed                  unknown  None documented.
     species trap/pot.
    Southeastern U.S.                          10  None documented.
     Atlantic, Gulf of Mexico
     golden crab trap/pot.
    U.S. Mid-Atlantic eel                 unknown  None documented.
     trap/pot.
STOP SEINE/WEIR/POUND NET/
 FLOATING TRAP/FYKE NET
 FISHERIES:

[[Page 3672]]

 
    Gulf of Maine herring and                  >1  Harbor porpoise, GME/
     Atlantic mackerel stop                         BF.
     seine/weir.                                   Harbor seal, WNA.
                                                   Minke whale, Canadian
                                                    east coast.
                                                   Atlantic white-sided
                                                    dolphin, WNA.
    U.S. Mid-Atlantic crab                  2,600  None documented.
     stop seine/weir.
    U.S. Mid-Atlantic mixed               unknown  Bottlenose dolphin,
     species stop seine/weir/                       Northern NC
     pound net (except the NC                       estuarine system.
     roe mullet stop net).
    RI floating trap.........                   9  None documented.
    Northeast and Mid-                    unknown  None documented.
     Atlantic fyke net.
DREDGE FISHERIES:
    Gulf of Maine sea urchin              unknown  None documented.
     dredge.
    Gulf of Maine mussel                  unknown  None documented.
     dredge.
    Gulf of Maine, U.S. Mid-                 >403  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab                unknown  None documented.
     dredge.
    Mid-Atlantic soft-shell               unknown  None documented.
     clam dredge.
    Mid-Atlantic whelk dredge             unknown  None documented.
    U.S. Mid-Atlantic/Gulf of               7,000  None documented.
     Mexico oyster dredge.
    New England and Mid-                  unknown  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
HAUL/BEACH SEINE FISHERIES:
    Caribbean haul/beach                       15  None documented in
     seine.                                         the most recent five
                                                    years of data.
    Gulf of Mexico haul/beach             unknown  None documented.
     seine.
    Southeastern U.S.                          25  None documented.
     Atlantic haul/beach
     seine.
DIVE, HAND/MECHANICAL
 COLLECTION FISHERIES:
    Atlantic Ocean, Gulf of                20,000  None documented.
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin                  unknown  None documented.
     dive, hand/mechanical
     collection.
    Gulf of Mexico, Southeast             unknown  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
    Atlantic Ocean, Gulf of                 4,000  Bottlenose dolphin,
     Mexico, Caribbean                              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:

[[Page 3673]]

 
    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                   139  Bottlenose dolphin,
     (HI Deep-set component)                        HI Pelagic.
     * [caret].                                    False killer whale,
                                                    HI Pelagic.
                                                   Pygmy killer whale,
                                                    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                   0  Undetermined.
     Species.
TRAWL FISHERIES:
    Atlantic Highly Migratory                   1  Undetermined.
     Species **.
    CCAMLR...................                   0  Antarctic fur seal.
PURSE SEINE FISHERIES:
    South Pacific Tuna                         38  Undetermined.
     Fisheries.
    Western Pacific Pelagic..                   3  Undetermined.
LONGLINE FISHERIES:
    CCAMLR...................                   0  None documented.
    South Pacific Albacore                     10  Undetermined.
     Troll.
    South Pacific Tuna                          2  Undetermined.
     Fisheries **.
    Western Pacific Pelagic                    20  Blainville's beaked
     (HI Shallow-set                                whale, HI.
     component) * [caret].                         Bottlenose dolphin,
                                                    HI Pelagic.
                                                   False killer whale,
                                                    HI Pelagic.
                                                   Humpback whale,
                                                    Central North
                                                    Pacific.
                                                   Northern elephant
                                                    seal, CA breeding.
                                                   Risso's dolphin, HI.
                                                   Rough-toothed
                                                    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                   46  Undetermined.
     Species.
    South Pacific Albacore                      7  Undetermined.
     Troll.
    Western Pacific Pelagic..                   2  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory                   2  Undetermined.
     Species.
    South Pacific Albacore                     30  Undetermined.
     Troll.
    South Pacific Tuna                          4  Undetermined.
     Fisheries **.
    Western Pacific Pelagic..                  17  Undetermined.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Northwest Atlantic Bottom                   1  None documented.
     Longline.
    Pacific Highly Migratory                  114  None documented in
     Species.                                       the most recent 5
                                                    years of data.
PURSE SEINE FISHERIES:

[[Page 3674]]

 
    Pacific Highly Migratory                    6  None documented.
     Species * [caret].
TRAWL FISHERIES:
    Northwest Atlantic.......                   1  None documented.
TROLL FISHERIES:
    Pacific Highly Migratory                  187  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 *.
                                         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.


[[Page 3675]]

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 (COI) requirements 
subject to the Paperwork Reduction Act. The COI for the registration of 
individuals under the MMPA has been approved by the Office of 
Management and Budget (OMB) under OMB control number 0648-0293 (0.15 
hours per report for new registrants). The requirement for reporting 
marine mammal mortalities or injuries has been approved by OMB under 
OMB control number 0648-0292 (0.15 hours per report). These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the COI. Send comments regarding these reporting burden 
estimates or any other aspect of the COI, including suggestions for 
reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY 
INFORMATION).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the 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 and 2014. 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' 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 Finding of No Significant Impact (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 ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Allen, B.M. and R.P. Angliss, editors. 2016. Alaska Marine Mammal 
Stock Assessments, 2015. NOAA Tech. Memo. NMFS-AFSC-323. 309 p.
Carretta, J.V., K.A. Forney, E. Oleson, K. Martien, M.M. Muto, M.S. 
Lowry, J. Barlow, J. Baker, B. Hanson, D. Lynch, L. Carswell, R.L. 
Brownell Jr., J. Roobins, D.K. Mattila, K. Ralls and M.C. Hill. 
2011. U.S. Pacific Marine Mammal Stock Assessments: 2010. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-476. 357 p.
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. 
Baker, B. Hanson, K. Martien, M.M. Muto, A.J. Orr, H. Huber, M.S. 
Lowry, J. Barlow, D. Lynch, L. Carswell, R.L. Brownell Jr., and D.K. 
Mattila. 2014. U.S. Pacific Marine Mammal Stock Assessments: 2013. 
NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-532. 414 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. 
2016. U.S. Pacific Marine Mammal Stock Assessments: 2015. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-561. 426 p.
Carretta, J.V., K.A. Forney, E. Oleson, D.W. Weller, A.R. Lang, J. 
Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J. 
Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr. 
2016. U.S. Pacific Draft Marine Mammal Stock Assessments: 2016. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-XXX. 146p.
Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, M. 
DeAngelis, J. Viezbicke, and J. Jannot. 2016. Sources of human-
related injury and mortality for U.S. Pacific west coast marine 
mammal stocks assessments, 2010-2014. NOAA-TM-NMFS-SWFSC-554.
Fishing Gear Types. Fyke nets. Technology Fact Sheets. In: FAO 
Fisheries and Aquaculture Department [online]. Rome. Updated 13 
September 2001. [Cited 16 March 2016]. http://www.fao.rog/fishery/geartype/226/en
Fullencamp, L. 2006. Characterization of fisheries operating in 
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    Dated: January 5, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-00250 Filed 1-11-17; 8:45 am]
 BILLING CODE 3510-22-P