Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12257 

■ 108. Amend § 303–70.501 by revising 

the section heading to read as follows: 

§ 303–70.501 Must we continue payment of 

relocation expenses for an employee’s 

immediate family if the employee dies while 

in transit from an OCONUS official station 

to the employee’s new official station within 

CONUS? 

* * * * * 

PART 304–2—DEFINITIONS 

■ 109. The authority citation for part 

304–2 continues to read as follows: 

Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 

§ 304–2.1 [Amended] 

■ 110. Amend § 304–2.1 by removing 

from paragraph (1) of the definition 

‘‘Meeting(s) or similar functions 

(meeting)’’ ‘‘his/her official’’ and adding 

‘‘the employee’s official’’ in its place. 

PART 304–3—EMPLOYEE 

RESPONSIBILITY 

■ 111. The authority citation for part 

304–3 continues to read as follows: 

Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 

§ 304–3.2 [Amended] 

■ 112. Amend § 304–3.2 by removing 

‘‘his/her spouse’’ and adding ‘‘the 

employee’s spouse’’ in its place. 

PART 304–5—AGENCY 

RESPONSIBILITIES 

■ 113. The authority citation for part 

304–5 continues to read as follows: 

Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 

§ 304–5.3 [Amended] 

■ 114. Amend § 304–5.3 by removing 

from paragraph (a) introductory text 

‘‘he/she determines’’ and adding ‘‘the 

approving official determines’’ in its 

place. 

[FR Doc. 2024–02852 Filed 2–15–24; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 240208–0041] 

RIN 0648–BM19 

List of Fisheries for 2024 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is publishing its final 

List of Fisheries (LOF) for 2024, as 

required by the Marine Mammal 

Protection Act (MMPA). The LOF for 

2024 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 on 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 

those on registration, observer coverage, 

and take reduction plan (TRP) 

requirements. 

DATES: This rule is effective March 18, 

2024. 

ADDRESSES: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Office 

of Protected Resources, NMFS, 1315 

East-West Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Taylor, Office of Protected 

Resources, 301–427–8402; Cheryl Cross, 

Greater Atlantic Region, 978–281–9100; 

Jessica Powell, Southeast Region, 727– 

824–5312; Dan Lawson, West Coast 

Region, 206–526–4740; Suzie Teerlink, 

Alaska Region, 907–586–7240; Elena 

Duke, Pacific Islands Region, 808–725– 

5085. 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 those 

on registration, observer coverage, and 

take reduction plan requirements. 

NMFS must reexamine the LOF 

annually, considering new information 

in the Marine Mammal Stock 

Assessment Reports (SARs) and other 

relevant sources, and publish in the 

Federal Register any necessary changes 

to the LOF after notice and opportunity 

for public comment (16 U.S.C. 1387 

(c)(1)(C)). 

How does NMFS determine in which 

category a fishery is placed? 

The definitions for the fishery 

classification criteria can be found in 

the implementing regulations for section 

118 of the MMPA (50 CFR 229.2). The 

criteria are also summarized here. 

Fishery Classification Criteria 

The fishery classification criteria 

consist of a two-tiered, stock-specific 

approach that first addresses the total 

impact of all fisheries on each marine 

mammal stock and then addresses the 

impact of individual fisheries on each 

stock. This approach is based on 

consideration of the rate, in numbers of 

animals per year, of incidental 

mortalities and serious injuries of 

marine mammals due to commercial 

fishing operations relative to the 

potential biological removal (PBR) level 

for each marine mammal stock. The 

MMPA (16 U.S.C. 1362 (20)) defines the 

PBR level as the maximum number of 

animals, not including natural 

mortalities, that may be removed from a 

marine mammal stock, while allowing 

that stock to reach or maintain its 

optimum sustainable population. This 

definition can also be found in the 

implementing regulations for section 

118 of the MMPA (50 CFR 229.2). 

Tier 1: Tier 1 considers the 

cumulative fishery mortality and serious 

injury for a particular stock. If the total 

annual mortality and serious injury of a 

marine mammal stock across all 

fisheries is less than or equal to 10 

percent of the PBR level of the stock, all 

fisheries interacting with the stock will 

be placed in Category III (unless those 

fisheries interact with other stock(s) for 

which total annual mortality and 

serious injury is greater than 10 percent 

of PBR). Otherwise, these fisheries are 

subject to the next tier of analysis (Tier 

2) to determine their classification. 

Tier 2: Tier 2 considers fisheryspecific mortality and serious injury for 

a particular stock. 

Category I: Annual mortality and 

serious injury of a stock in a given 

fishery is greater than or equal to 50 

percent of the PBR level (i.e., frequent 

incidental mortality and serious injury 

of marine mammals). 

Category II: Annual mortality and 

serious injury of a stock in a given 

fishery is greater than 1 percent and less 

than 50 percent of the PBR level (i.e., 

occasional incidental mortality and 

serious injury of marine mammals). 

Category III: Annual mortality and 

serious injury of a stock in a given 

fishery is less than or equal to 1 percent 

of the PBR level (i.e., a remote 

likelihood of or no known incidental 


lotter on DSK11XQN23PROD with RULES1
12258 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

mortality and serious injury of marine 

mammals). 

Additional details regarding how the 

categories were determined are 

provided in the preamble to the final 

rule implementing section 118 of the 

MMPA (60 FR 45086, August 30, 1995). 

Because fisheries are classified on a 

per-stock basis, a fishery may qualify as 

one category for one marine mammal 

stock and another category for a 

different marine mammal stock. A 

fishery is typically classified on the LOF 

at its highest level of classification (e.g., 

a fishery qualifying for Category III for 

one marine mammal stock and for 

Category II for another marine mammal 

stock will be listed under Category II). 

Stocks driving a fishery’s classification 

are denoted with a superscript ‘‘1’’ in 

tables 1 and 2. 

Other Criteria That May Be Considered 

The tier analysis requires a minimum 

amount of data, and NMFS does not 

have sufficient data to perform a tier 

analysis on certain fisheries. Therefore, 

NMFS has classified certain fisheries by 

analogy to other fisheries that use 

similar fishing techniques or gear that 

are known to cause mortality or serious 

injury of marine mammals, or according 

to factors discussed in the final LOF for 

1996 (60 FR 67063, December 28, 1995) 

and listed in the regulatory definition of 

a Category II fishery. In the absence of 

reliable information indicating the 

frequency of incidental mortality and 

serious injury of marine mammals by a 

commercial fishery, NMFS will 

determine whether the incidental 

mortality or serious injury is 

‘‘occasional’’ by evaluating other factors 

such as fishing techniques, gear used, 

methods used to deter marine mammals, 

target species, seasons and areas fished, 

qualitative data from logbooks or 

fishermen reports, stranding data, and 

the species and distribution of marine 

mammals in the area, or at the 

discretion of the Assistant 

Administrator for Fisheries (50 CFR 

229.2). 

Further, eligible commercial fisheries 

not specifically identified on the LOF 

are deemed to be Category II fisheries 

until the next LOF is published (50 CFR 

229.2). 

How does NMFS determine which 

species or stocks are included as 

incidentally killed or injured in a 

fishery? 

The LOF includes a list of marine 

mammal species and/or stocks 

incidentally killed or injured in each 

commercial fishery. The list of species 

and/or stocks incidentally killed or 

injured includes ‘‘serious’’ and ‘‘nonserious’’ documented injuries as 

described later in the List of Species 

and/or Stocks Incidentally Killed or 

Injured in the Pacific Ocean and List of 

Species and/or Stocks Incidentally 

Killed or Injured in the Atlantic Ocean, 

Gulf of Mexico, and Caribbean sections. 

To determine which species or stocks 

are included as incidentally killed or 

injured in a fishery, NMFS annually 

reviews the information presented in 

the current SARs and injury 

determination reports. SARs are brief 

reports summarizing the status of each 

stock of marine mammals occurring in 

waters under U.S. jurisdiction. 

Information includes the identity and 

geographic range of the stock, 

population statistics related to 

abundance, trend, and annual 

productivity, notable habitat concerns, 

and estimates of human-caused 

mortality and serious injury (M/SI) by 

source. The SARs are based upon the 

best available scientific information and 

provide the most current and inclusive 

information on each stock’s PBR level 

and level of interaction with 

commercial fishing operations. The best 

available scientific information used in 

the SARs and reviewed for the 2024 

LOF generally summarizes data from 

2016–2020. NMFS also reviews other 

sources of new information, including 

injury determination reports, bycatch 

estimation reports, observer data, 

logbook data, stranding data, 

disentanglement network data, 

fishermen self-reports (i.e., MMPA 

mortality/injury reports), and anecdotal 

reports from that time period. In some 

cases, more recent information may be 

available and used in the LOF. 

For fisheries with observer coverage, 

species or stocks are generally removed 

from the list of marine mammal species 

and/or stocks incidentally killed or 

injured if no interactions are 

documented in the 5-year timeframe 

summarized in that year’s LOF. For 

fisheries with no observer coverage and 

for observed fisheries with evidence 

indicating that undocumented 

interactions may be occurring (e.g., 

fishery has low observer coverage and 

stranding network data include 

evidence of fisheries interactions that 

cannot be attributed to a specific 

fishery), species and stocks may be 

retained for longer than 5 years. For 

these fisheries, NMFS will review the 

other sources of information listed 

above and use its discretion to decide 

when it is appropriate to remove a 

species or stock. 

Where does NMFS obtain information 

on the level of observer coverage in a 

fishery on the LOF? 

The best available information on the 

level of observer coverage and the 

spatial and temporal distribution of 

observed marine mammal interactions is 

presented in the SARs. Data obtained 

from the observer program and observer 

coverage levels are important tools in 

estimating the level of marine mammal 

mortality and serious injury in 

commercial fishing operations. Starting 

with the 2005 SARs, each Pacific and 

Alaska SAR includes an appendix with 

detailed descriptions of each Category I 

and II fishery on the LOF, including the 

observer coverage in those fisheries. For 

Atlantic fisheries, this information can 

be found in the LOF Fishery Fact 

Sheets. The SARs do not provide 

detailed information on observer 

coverage in Category III fisheries, 

because under the MMPA, Category III 

fisheries are not required to 

accommodate observers aboard vessels 

due to the remote likelihood of 

mortality and serious injury of marine 

mammals. Fishery information 

presented in the SARs’ appendices and 

other resources referenced during the 

tier analysis may include: (1) the level 

of observer coverage; (2) the target 

species; (3) the levels of fishing effort; 

spatial and temporal distribution of 

fishing effort; (4) the characteristics of 

fishing gear and operations; (5) 

management and regulations; and (6) 

interactions with marine mammals. 

Copies of the SARs are available on the 

NMFS Office of Protected Resources 

website at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reportsregion. Information on observer 

coverage levels in Category I, II, and III 

fisheries can be found in the fishery fact 

sheets on the NMFS Office of Protected 

Resources’ website: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/listfisheries-summary-tables. Additional 

information on observer programs in 

commercial fisheries can be found on 

the NMFS National Observer Program’s 

website: https://www.fisheries.noaa.gov/ 

national/fisheries-observers/nationalobserver-program. 

How do I find out if a specific fishery 

is in Category I, II, or III? 

The LOF includes three tables that list 

all U.S. commercial fisheries by 

Category. Table 1 lists all of the 

commercial fisheries in the Pacific 

Ocean (including Alaska), table 2 lists 

all of the commercial fisheries in the 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12259 

Atlantic Ocean, Gulf of Mexico, and 

Caribbean, and table 3 lists all U.S. 

authorized commercial fisheries on the 

high seas. A fourth table, table 4, lists 

all commercial fisheries managed under 

applicable TRPs or take reduction teams 

(TRT). 

Are high seas fisheries included on the 

LOF? 

Beginning with the 2009 LOF, NMFS 

includes high seas fisheries in table 3 of 

the LOF, along with the number of valid 

High Seas Fishing Compliance Act 

(HSFCA) permits in each fishery. As of 

2004, NMFS issues HSFCA permits only 

for high seas fisheries analyzed in 

accordance with the National 

Environmental Policy Act (NEPA) and 

the Endangered Species Act (ESA). The 

authorized high seas fisheries are broad 

in scope and encompass multiple 

specific fisheries identified by gear type. 

For the purposes of the LOF, the high 

seas fisheries are subdivided based on 

gear type (e.g., trawl, longline, purse 

seine, gillnet, troll, etc.) to provide more 

detail on composition of effort within 

these fisheries. Many fisheries operate 

in both U.S. waters and on the high 

seas, creating some overlap between the 

fisheries listed in tables 1 and 2 and 

those in table 3. In these cases, the high 

seas component of the fishery is not 

considered a separate fishery, but an 

extension of a fishery operating within 

U.S. waters (listed in table 1 or 2). 

NMFS designates those fisheries in 

tables 1, 2, and 3 with an asterisk (*) 

after the fishery’s name. The number of 

HSFCA permits listed in table 3 for the 

high seas components of these fisheries 

operating in U.S. waters does not 

necessarily represent additional effort 

not accounted for in tables 1 and 2. 

Many vessels/participants holding 

HSFCA permits also fish within U.S. 

waters and are included in the number 

of vessels and participants operating 

within those fisheries in tables 1 and 2. 

HSFCA permits are valid for 5 years, 

during which time Fishery Management 

Plans (FMPs) can change. Therefore, 

some vessels/participants may possess 

valid HSFCA permits without the ability 

to fish under those permits because they 

were issued for a gear type that is no 

longer authorized under the most 

current FMP. For this reason, the 

number of HSFCA permits displayed in 

table 3 is likely higher than the actual 

U.S. fishing effort on the high seas. For 

more information on how NMFS 

classifies high seas fisheries on the LOF, 

see the preamble text in the final 2009 

LOF (73 FR 73032, December 1, 2008). 

Additional information about HSFCA 

permits can be found at https://

www.fisheries.noaa.gov/permit/highseas-fishing-permits. 

Where can I find specific information 

on fisheries listed on the LOF? 

Starting with the 2010 LOF, NMFS 

developed summary documents, or 

fishery fact sheets, for each Category I 

and II fishery on the LOF. These fishery 

fact sheets provide the full history of 

each Category I and II fishery, including: 

(1) when the fishery was added to the 

LOF; (2) the basis for the fishery’s initial 

classification; (3) classification changes 

to the fishery; (4) changes to the list of 

species and/or stocks incidentally killed 

or injured in the fishery; (5) fishery gear 

and methods used; (6) observer coverage 

levels; (7) fishery management and 

regulation; and (8) applicable TRPs or 

TRTs, if any. These fishery fact sheets 

are updated after each final LOF and 

can be found under ‘‘How Do I Find Out 

if a Specific Fishery is in Category I, II, 

or III?’’ on the NMFS Office of Protected 

Resources’ website: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-protection-act-list-fisheries, 

linked to the ‘‘List of Fisheries 

Summary’’ table. NMFS is developing 

similar fishery fact sheets for each 

Category III fishery on the LOF. 

However, due to the large number of 

Category III fisheries on the LOF and the 

lack of accessible and detailed 

information on many of these fisheries, 

the development of these fishery fact 

sheets is taking significant time to 

complete. NMFS began posting Category 

III fishery fact sheets online with the 

LOF for 2016. 

Am I required to register under the 

MMPA? 

Owners of vessels or gear engaging in 

a Category I or II fishery are required 

under the MMPA (16 U.S.C. 1387(c)(2)), 

as described in 50 CFR 229.4, to register 

with NMFS and obtain a marine 

mammal authorization to lawfully take 

marine mammals incidental to 

commercial fishing operations. The take 

of threatened or endangered marine 

mammals requires additional 

authorization. Owners of vessels or gear 

engaged in a Category III fishery are not 

required to register with NMFS or 

obtain a marine mammal authorization. 

How do I register, renew, and receive 

my Marine Mammal Authorization 

Program (MMAP) authorization 

certificate? 

NMFS has integrated the MMPA 

registration process, implemented 

through the 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 

Southeast Region, NMFS will issue 

vessel or gear owners an authorization 

certificate via U.S. mail automatically at 

the beginning of each calendar year. In 

the Greater Atlantic Region, NMFS will 

issue vessel or gear owners an 

authorization certificate electronically. 

The certificate can be downloaded and/ 

or printed at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-authorizationprogram#obtaining-a-marine-mammalauthorization-certificate. Printed copies 

can be mailed upon request by 

contacting nmfs.gar.mmapcert@

noaa.gov or 978–281–9120. 

Vessel or gear owners who participate 

in fisheries in these regions and have 

not received authorization certificates 

by the beginning of the calendar year, or 

with renewed fishing licenses, must 

contact the appropriate NMFS Regional 

Office (see FOR FURTHER INFORMATION

CONTACT). Authorization certificates 

may also be obtained by visiting the 

MMAP website https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-authorizationprogram#obtaining-a-marine-mammalauthorization-certificate. 

The authorization certificate, or a 

copy (physical or electronic), must be 

on board the vessel while it is operating 

in a Category I or II fishery, or, for nonvessel 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). 


lotter on DSK11XQN23PROD with RULES1
12260 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

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.e., Category I, 

Category II, or Category III) within 48 

hours of the end of the fishing trip or, 

in the case of non-vessel fisheries, 

fishing activity. ‘‘Injury’’ is defined in 

50 CFR 229.2 as a wound or other 

physical harm. In addition, any animal 

that ingests fishing gear or any animal 

that is released with fishing gear 

entangling, trailing, or perforating any 

part of the body is considered injured, 

regardless of the presence of any wound 

or other evidence of injury, and must be 

reported. 

Mortality/injury reporting forms and 

instructions for submitting forms to 

NMFS can be found at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-authorizationprogram#reporting-a-death-or-injury-ofa-marine-mammal-during-commercialfishing-operations or by contacting the 

appropriate regional office (see FOR

FURTHER INFORMATION CONTACT). Forms 

may be submitted via any of the 

following means: (1) online using the 

electronic form; (2) emailed as an 

attachment to nmfs.mireport@noaa.gov; 

(3) faxed to the NMFS Office of 

Protected Resources at 301–713–0376; 

or (4) mailed to the NMFS Office of 

Protected Resources (mailing address is 

provided on the postage-paid form that 

can be printed from the web address 

listed above). Reporting requirements 

and procedures are found in 50 CFR 

229.6. 

Am I required to take an observer 

aboard my vessel? 

Individuals participating in a 

Category I or II fishery are required to 

accommodate an observer aboard their 

vessel(s) upon request from NMFS. 

MMPA section 118 states that the 

Secretary is not required to place an 

observer on a vessel if the facilities for 

quartering an observer or performing 

observer functions are so inadequate or 

unsafe that the health or safety of the 

observer or the safe operation of the 

vessel would be jeopardized; thereby 

authorizing the exemption of vessels too 

small to safely accommodate an 

observer from this requirement. 

Observer requirements are found in 50 

CFR 229.7. 

Am I required to comply with any 

marine mammal TRP regulations? 

Table 4 provides a list of fisheries 

affected by TRPs and TRTs. TRP 

regulations are found at 50 CFR 229.30 

through 229.37. A description of each 

TRT and copies of each TRP can be 

found at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-take-reduction-plans-andteams. It is the responsibility of fishery 

participants to comply with applicable 

take reduction regulations. 

Where can I find more information 

about the LOF and the MMAP? 

Information regarding the LOF and 

the MMAP, including registration 

procedures and forms, current and past 

LOFs, descriptions of each Category I 

and II fishery and some Category III 

fisheries, observer requirements, and 

marine mammal mortality/injury 

reporting forms and submittal 

procedures may be obtained at: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-protection-act-list-fisheries, or 

from any NMFS Regional Office at the 

addresses listed below: 

NMFS, Greater Atlantic Regional 

Fisheries Office, 55 Great Republic 

Drive, Gloucester, MA 01930–2298, 

Attn: Cheryl Cross; 

NMFS, Southeast Region, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Attn: Jessica Powell; 

NMFS, West Coast Region, Long 

Beach Office, 501 W Ocean Blvd., Suite 

4200, Long Beach, CA 90802–4213, 

Attn: Dan Lawson; 

NMFS, Alaska Region, Protected 

Resources, P.O. Box 22668, 709 West 

9th Street, Juneau, AK 99802, Attn: 

Suzie Teerlink; or 

NMFS, Pacific Islands Regional 

Office, Protected Resources Division, 

1845 Wasp Blvd., Building 176, 

Honolulu, HI 96818, Attn: Elena Duke. 

Sources of Information Reviewed for 

the 2024 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 were 

warranted. The SARs are based on the 

best scientific information available at 

the time of preparation, including the 

level of mortality and serious injury of 

marine mammals that occurs incidental 

to commercial fishery operations and 

the PBR levels of marine mammal 

stocks. The information contained in the 

SARs is reviewed by regional Scientific 

Review Groups (SRGs) representing 

Alaska, the Pacific (including Hawaii), 

and the U.S. Atlantic, Gulf of Mexico, 

and Caribbean. The SRGs were 

established by the MMPA to review the 

science that informs the SARs and to 

advise NMFS on marine mammal 

population status, trends, and stock 

structure, as well as on uncertainties in 

the science, research needs, and other 

issues. 

NMFS also reviewed other sources of 

new information, including marine 

mammal stranding and entanglement 

data, observer program data, fishermen 

self-reports, reports to the SRGs, 

conference papers, FMPs, and ESA 

documents. 

The LOF for 2024 was based on, 

among other things: (1) stranding data; 

(2) fishermen self-reports; and (3) SARs 

(primarily the 2022 SARs, which are 

based on data from 2016–2020). The 

SARs referenced in this LOF include: 

2021 (87 FR 47385, August 3, 2022) and 

2022 (88 FR 54592, August 11, 2023). 

The SARs are available at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reportsregion. 

Comments and Responses 

NMFS received 28 comment letters on 

the proposed LOF for 2024 (88 FR 

62748, September 13, 2023). Comments 

were received from 11 members of the 

public: (1) Alaska Department of Fish 

and Game (ADF&G); (2) California Coast 

Crab Association (CCCA); (3) Don’t Cage 

Our Oceans; (4) Florida Department of 

Agriculture and Consumer Services; (5) 

Hawaii Division of Aquatic Resources 

(HI DAR); (6) Hawaii Longline 

Association (HLA); (7) Maine 

Department of Marine Resources (ME 

DMR); (8) Maine Lobstermen’s 

Association (MLA); (9) Southeast Alaska 

Fishermen’s Alliance (SEAFA) Taylor 

Shellfish Company; (10) United 

Southeast Alaska Gillnetters (USAG); 

and (11) U.S. Fish and Wildlife Service 

(FWS). NMFS additionally received a 

joint letter from American Cetacean 

Society-Oregon Chapter (ACS), Center 

for Biological Diversity, Defenders of 

Wildlife, EarthJustice, Endangered 

Habitats League, the Natural Resources 

Defense Council, Oceana, Ocean 

Defenders Alliance, and the Resource 

Renewal Institute (ACS et al.). Nine of 

the comment letters received were in 

response to NMFS request for public 

input on aquaculture fishery 

descriptions. NMFS thanks these 

commenters for providing information 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12261 

in response to our aquaculture request, 

and we will consider all the aquaculture 

information submitted in future LOFs. 

Responses to substantive comments are 

below. Comments on actions not related 

to the LOF are not included. 

Comments on Commercial Fisheries in 

the Pacific Ocean 

Comment 1: ADF&G, SEAFA, USAG, 

and two members of the public opposed 

the reclassification of the AK Southeast 

salmon drift gillnet fishery from a 

Category II to a Category I fishery. 

ADF&G, SEAFA, USAG reiterated 

comments provided on the draft 2022 

Southeast Alaska harbor porpoise SARs 

(8 FR 4162, January 24, 2023). 

Commenters raised concerns that the 

AK Southeast salmon drift gillnet 

fishery reclassification is based on 

inadequate harbor porpoise M/SI 

estimates and biased population size 

estimates in the 2022 SAR. Several 

commenters requested NMFS work with 

ADF&G to gather additional data on the 

harbor porpoise population, stock 

structure, and fisheries bycatch. 

Response: NMFS appreciates the 

concerns raised in the comments. 

Comments on the 2022 SARs were 

addressed in the Federal Register notice 

for the final SARs (88 FR 54592, August 

11, 2023). NMFS uses the best available 

scientific information to prepare the 

annual LOF, which includes reliance on 

the SARs for M/SI data. The LOF is reevaluated annually to allow for the 

addition of best available information as 

it becomes available. NMFS continues 

to pursue options for future observer 

data to inform M/SI estimates for this 

fishery, and NMFS will consider data in 

future SARs to inform the annual LOF. 

Therefore, NMFS does not retain the AK 

Southeast salmon drift gillnet fishery as 

a Category II fishery and reclassifies the 

AK Southeast salmon drift gillnet 

fishery from a Category II to a Category 

I fishery. 

Comment 2: ADF&G commented that 

the proposed reclassification of the AK 

Southeast salmon drift gillnet fishery 

from a Category II to a Category I fishery 

may result in changes to the fishery 

with potential economic impacts for the 

industry and consumers. 

Response: The requirements for 

Category I and II fisheries under MMPA 

section 118(c) are the same. The MMPA 

section 118(c) requirements for Category 

I and II fisheries are to: (1) register with 

NMFS through the Marine Mammal 

Authorization Program; (2) 

accommodate observers aboard vessels, 

upon request; and (3) comply with any 

applicable take reduction plans. In 

addition, any vessel owner or operator 

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.e., Category I, Category II, or Category 

III). If NMFS takes a management action 

(e.g., through the development of a 

TRP), then economic analyses of the 

effects of that TRP would be evaluated 

in subsequent rulemaking actions. 

Comment 3: A member of the public 

recommends NMFS retain the 

superscript ‘‘1’’ for Eastern North Pacific 

Alaska resident stock of killer whale to 

indicate the stock is driving the 

Category II classification of the AK 

Bering Sea, Aleutian Islands flatfish 

trawl fishery based on the nine killer 

whale mortalities in the fishery in 2023. 

The commenter notes that NMFS has 

not yet released genetic information for 

the killer whale mortalities, but based 

on previous M/SI data for the AK Bering 

Sea, Aleutian Islands flatfish trawl 

fishery it is likely the whale mortalities 

in 2023 are from the Eastern North 

Pacific Alaska resident stock. 

Response: NMFS agrees and retains 

the superscript ‘‘1’’ for the Eastern 

North Pacific Alaska resident stock of 

killer whale in the Category II AK 

Bering Sea, Aleutian Islands flatfish 

trawl fishery. While the Eastern North 

Pacific Alaska resident stock of killer 

whale stock is currently not driving the 

Category II classification of the AK 

Bering Sea, Aleutian Islands flatfish 

trawl fishery, there are past M/SI and 

more recent data that suggest that the 

M/SI is ongoing. NMFS will re-evaluate 

this in the next LOF cycle and adjust at 

that time, if necessary. 

Comment 4: FWS recommends NMFS 

revise the Northern sea otter stock name 

on the list of species/stocks incidentally 

killed or injured for consistency with 

the current stock name in the SARs. 

They recommend revising Northern sea 

otter, South central AK to Northern sea 

otter, Southcentral AK. 

Response: NMFS agrees and revises 

the stock name from Northern sea otter, 

South central AK to Northern sea otter, 

Southcentral AK on the list of species/ 

stocks incidentally killed or injured in 

the following fisheries: (1) Category II 

AK Cook Inlet salmon set gillnet, (2) 

Category II AK Prince William Sound 

salmon drift gillnet and (3) Category III 

AK Prince William Sound salmon set 

gillnet. 

Comment 5: HI DAR requests NMFS 

revisit the classification of the Category 

II HI shortline fishery. The Category II 

HI shortline fishery was classified by 

analogy to the HI longline fishery in the 

2010 LOF. HI DAR states that there are 

differences in gear composition between 

the HI shortline fishery and HI longline 

fishery that present marked differences 

in potential threats to marine mammals. 

DAR notes that shortline gear is used by 

the HI seamount fishery, also known as 

the HI offshore handline fishery, which 

consists of fewer than 10 vessels and not 

all vessels currently use the gear. HI 

DAR requests NMFS review new 

information on shortline gear including 

its risk to marine mammals. 

Response: The HI shortline fishery is 

classified as Category II by analogy to 

the HI longline fishery based on 

similarities between the gears used in 

the fisheries. NMFS may classify 

fisheries by analogy to other fisheries 

that use similar fishing techniques or 

gear that are known to cause M/SI 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. The HI shortline 

fishery lacks a dedicated observer 

program or an electronic monitoring 

component to assess the level of M/SI, 

or lack thereof, within the fishery. 

While multiple gear types are used 

within the HI shortline fishery, vessels 

may deploy shortline gear, which sets 

hooks in a manner consistent with 

longline vessels. Additionally, the 

fishery operates in locations that 

overlap with Main Hawaiian Island 

(MHI) insular false killer whale’s range 

and has the potential for interactions 

with these animals. In addition, HI DAR 

did not provide specific information on 

differences between HI shortline and 

longline gear. Therefore, NMFS is not 

making changes to the HI shortline 

fishery for the 2024 LOF. 

Comment 6: HLA supports removing 

the Hawaii stock of striped dolphin 

from the list of species/stocks 

incidentally killed or injured in the 

Category I HI deep-set longline fishery. 

They also support removing the Hawaii 

stock of fin whale and Central North 

Pacific stock of humpback whale from 

the list of species/stocks incidentally 

killed or injured in the Category II HI 

shallow-set longline fishery. 

Response: NMFS agrees and removes 

the stocks from the list of species/stocks 

incidentally killed or injured in the 

respective fisheries. 

Comment 7: HLA reiterates a previous 

comment recommending NMFS remove 

the MHI insular and Northwestern 

Hawaiian Islands (NWHI) stocks of false 

killer whales from the list of species 

and/or stocks incidentally killed or 

injured in the Category I HI deep-set 

longline fishery. The HI deep-set 

longline fishery is observed with 20 

percent coverage, and there have been 

no documented M/SI of the MHI insular 


lotter on DSK11XQN23PROD with RULES1
12262 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

false killer whale stock in the most 

recent 5-year period. HLA notes that (a) 

the False Killer Whale Take Reduction 

Plan (FKWTRP) closed the deep-set 

longline fishery for almost the entire 

range of the MHI insular stock, (b) since 

this change was made in 2013 there 

have been no false killer whale 

interactions in the fishery, and (c) there 

has never been a deep-set longline 

fishery M/SI in the very small area of 

the stocks’ range where the fishery 

operates. They also state that no 

information has been presented to the 

False Killer Whale Take Reduction 

Team or the Pacific Scientific Review 

Group suggesting any false killer whale 

M/SI in the deep-set fishery can reliably 

be attributed to the MHI insular or 

NWHI stocks of false killer whales. HLA 

requests that NMFS remove the MHI 

insular and NWHI stocks of false killer 

whales from the list of species and/or 

stocks incidentally killed or injured in 

the Category I HI deep-set longline 

fishery. 

Response: This comment has been 

addressed previously (see 84 FR 22051, 

May 16, 2019; 85 FR 21079, April 16, 

2020; 86 FR 3028, January 14, 2021; 88 

FR 16899, March 21, 2023). The MHI 

insular stock of false killer whales have 

been documented via telemetry to move 

far enough offshore to reach longline 

fishing areas (Bradford et al., 2015). The 

MHI insular, Hawaii pelagic, and NWHI 

stocks have partially overlapping 

ranges. MHI insular false killer whales 

have been satellite tracked as far as 115 

kilometers (km) from the MHI, while 

pelagic stock animals have been tracked 

to within 11 km of the MHI and 

throughout the NWHI. Thus, M/SI of 

false killer whales of unknown stock 

within the stock overlap zones must be 

prorated to MHI insular, pelagic, or 

NWHI stocks. 

Annual bycatch estimates are prorated 

using a process outlined in detail in the 

SARs, which account for M/SI that 

occur within the MHI-pelagic or NWHIpelagic overlap zones. As described in 

the 2021 SAR (Carretta et al., 2022), 

from 2015–2019 the mean estimated 

annual M/SI of false killer whales was 

9.8. This results in a prorated mean 

estimated annual M/SI of 0.03 for the 

MHI insular stock and 0.1 for the NWHI 

stock. 

MHI insular false killer whales have 

been documented with injuries 

consistent with fisheries interactions 

that have not been attributed to a 

specific fishery (Baird et al., 2014). For 

observed fisheries with evidence 

indicating that undocumented 

interactions may be occurring (e.g., 

fishery has evidence of fisheries 

interactions that cannot be attributed to 

a specific fishery, and stranding 

network data include evidence of 

fisheries interactions that cannot be 

attributed to a specific fishery), stocks 

may be retained on the LOF for longer 

than 5 years. For these fisheries, NMFS 

will review the other sources of relevant 

information to determine when it is 

appropriate to remove a species or stock 

from the LOF. Therefore, NMFS retains 

both the MHI insular and NWHI false 

killer whale stocks on the list of species 

and/or stocks incidentally killed or 

injured in the Category I HI deep-set 

longline fishery. 

Comment 8: ACS et al. supports 

NMFS reclassifying the CA Dungeness 

crab pot fishery from a Category II to a 

Category I fishery based on incidental 

M/SI of the Central America/Southern 

Mexico-CA/OR/WA stock of humpback 

whale. They also state that Rmax 

(maximum net productivity rate) for the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale used 

in the 2022 SAR is inconsistent with the 

Guidelines for Preparing Stock 

Assessment Reports Pursuant to the 

1994 Amendments to the Marine 

Mammal Protection Act. 

Response: NMFS thanks the 

organizations for their comment and 

reclassifies the CA Dungeness crab pot 

fishery from a Category II to a Category 

I fishery. Comments on the draft 2022 

SARs, including selection of parameters 

such as Rmax, were addressed in the 

Federal Register notice for the final 

SARs (88 FR 54592, August 11, 2023). 

Comment 9: CCCA opposes NMFS 

reclassifying the CA Dungeness crab pot 

fishery from a Category II to a Category 

I fishery based on incidental M/SI of the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale. They 

state that the reclassification is not 

based on the best available information 

since it uses M/SI data from 2016–2020. 

CCCA notes that in 2016, there was an 

unprecedented 22 humpback whale 

entanglements and that this increase 

was attributed to anomalous ocean 

conditions that changed the whales’ 

migratory path. Since 2016, CA 

Department of Fish and Wildlife has 

implemented regulations to reduce 

entanglement risk. CCCA state that in 

2021 there was one humpback whale 

entanglement and four in 2022 in the 

CA Dungeness crab pot fishery. If the 

more recent M/SI data are used and 

excludes the 2016 data, the estimated 

annual M/SI is below 50 percent of PBR 

for the Central America/Southern 

Mexico-CA/OR/WA stock of humpback 

whale and therefore a Category II 

fishery. 

Response: NMFS appreciates the 

comments about the implementation of 

new regulations and measures to 

address entanglements in the CA 

Dungeness crab pot fishery following 

the increased entanglements in 2016. 

We also acknowledge the efforts of CA 

Department of Fish and Wildlife and 

other stakeholders in California to take 

proactive steps to reduce entanglement 

risks in the CA Dungeness crab pot 

fishery through convening the California 

Dungeness Crab Fishing Gear Working 

Group and subsequent development and 

implementation of the Risk Assessment 

and Mitigation Program. NMFS uses the 

best available scientific information to 

prepare the annual LOF, which includes 

relying on the SARs for M/SI data. The 

LOF for 2024 was based on, among 

other things: (1) stranding data; (2) 

fishermen self-reports; and (3) SARs 

(primarily the 2022 SARs) which are 

based on data from 2016–2020. As M/ 

SI information becomes available from 

later years, NMFS will review 

classification of the CA Dungeness crab 

pot fishery in a future LOF. For the 2024 

LOF, NMFS reclassifies the CA 

Dungeness crab pot fishery from a 

Category II to a Category I fishery. 

Comment 10: ACS et al. requests 

NMFS add the Central America/ 

Southern Mexico-CA/OR/WA and 

Mainland Mexico-CA/OR/WA stocks of 

humpback whale to the list of species/ 

stocks incidentally killed or injured in 

the Category III WA/OR/CA groundfish/ 

finfish hook and line fishery based on 

an entanglement in 2021. 

Response: The injury determination 

for the 2021 humpback whale 

entanglement in the Category III WA/ 

OR/CA groundfish/finfish hook and line 

fishery (Carretta et al. 2023a) was 

finalized after the proposed 2024 LOF 

published. NMFS adds the Central 

America/Southern Mexico-CA/OR/WA 

and Mainland Mexico-CA/OR/WA 

stocks of humpback whale to the list of 

species/stocks incidentally killed or 

injured in the Category III WA/OR/CA 

groundfish/finfish hook and line 

fishery. NMFS will conduct the tier 

analysis for this M/SI in the Category III 

WA/OR/CA groundfish/finfish hook and 

line fishery for the 2025 LOF. 

Comment 11: ACS et al. recommends 

NMFS add the California experimental 

pot fishery targeting king and other deep 

water crab species to the LOF and 

classify the fishery by analogy as a 

Category II fishery. They note that the 

fishery uses large pot gear with vertical 

buoy lines in depths greater than 125 

fathoms (228.6 m) off the coast of 

California north of Pigeon Point (south 

of San Francisco). ACS et al. states there 

was a humpback whale entanglement in 

this fishery in 2021 near the Channel 

Islands National Marine Sanctuary. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12263 

Response: Any eligible commercial 

fishery not specifically identified on the 

LOF is deemed to be a Category II 

fishery until the next LOF is published 

(50 CFR 229.2). NMFS will consider the 

comments provided by ACS et al. in a 

future proposed LOF. 

Comment 12: ACS et al. requests 

NMFS add the California groundfish/ 

finfish set net fishery as a Category II 

fishery. They note that the 2024 LOF 

does not include the California 

groundfish/finfish set net fishery, which 

is managed with other types of fixed 

gear in the open access sector under the 

Pacific Coast Groundfish Fishery 

Management Plan (Groundfish FMP). 

Response: NMFS acknowledges that 

the use of gillnets remains an authorized 

gear type in areas south of 38 degrees N. 

lat. (50 CFR 660.330(b) and 50 CFR 

660.330(b)(2)(ii)) under the Groundfish 

FMP. However, NMFS’ review of fishing 

effort information, including landings 

and observer data, indicate that there 

does not appear to be any dedicated or 

stand-alone use of gillnets for harvesting 

groundfish on the West Coast that is not 

already associated with other Category II 

gillnet fisheries on the LOF. Available 

information suggests that some limited 

landings of groundfish species may 

occur under the open access provisions 

of the Groundfish FMP while vessels are 

participating in the Category II CA 

halibut/white seabass and other species 

set gillnet (>3.5 inch (in) mesh) fishery 

in California. Therefore, gillnet fishing 

resulting in the harvest of species 

managed under the Groundfish FMP is 

already reflected on the LOF as Category 

II fishing effort. 

Comments on Commercial Fisheries in 

the Atlantic Ocean, Gulf of Mexico, and 

Caribbean 

Comment 13: ME DMR and MLA 

reiterate previous comments requesting 

that the Maine state waters trap/pot 

fishery be separated out from the 

broader Category I Northeast/MidAtlantic American lobster and Jonah 

crab trap/pot fishery and classified as a 

separate and independent Category II 

fishery. Both ME DMR and MLA cite the 

rarity of North Atlantic right whales in 

Maine state waters, lack of attributed 

right whale entanglements in the Maine 

lobster fishery, the implementation of 

unique gear marking and additional risk 

reduction measures combined with an 

increase in North Atlantic right whale 

monitoring in the Gulf of Maine as the 

justification that the ME state waters 

lobster trap pot fishery is a separate and 

distinct fishery. 

ME DMR and MLA note that state 

regulations require that all buoy lines in 

state waters and ‘‘the sliver’’ have a 

1700-pound (lb) (771 kg) weak insertion 

50 percent of the way down the vertical 

line, or approved 1700-lb (771 kg) 

breaking strength line in the top 50 

percent of the vertical line. Both 

commenters assert that the Maine state 

fishery has unique gear markings that 

distinguishes it from rest of the Category 

I Northeast/Mid-Atlantic American 

lobster and Jonah crab trap/pot fishery. 

In Maine state waters, fishermen must 

have a 36-inch (91.4 cm) purple mark in 

the top two fathoms of their line, 

another 12 inch (30.5 cm) mark midway 

down the line, and another 12 inch 

(30.5 cm) mark at the bottom of the line. 

Federal green marks are not allowed in 

Maine state waters. 

ME DMR and MLA state that North 

Atlantic right whale monitoring efforts 

have increased substantially in the Gulf 

of Maine. Since September 2022, New 

England Aquarium has been conducting 

aerial surveys off the coast of Maine and 

to date, 12 surveys have been completed 

with no right whale sightings. In 

addition, Woods Hole Oceanographic 

Institute is conducting acoustic glider 

work in the Gulf of Maine. Data from 

December 2022–April 2023 and June– 

August 2023 had no confirmed 

detections of right whales and the 

former timeframe had only a few 

possible detections. 

Both commenters acknowledge that 

Maine and Massachusetts have taken 

different approaches to risk reduction in 

their respective fisheries. They stress 

that Massachusetts state waters have 

concentrated aggregations of right 

whales resulting in entanglement risks 

during specific seasons. In contrast, 

right whale sightings in Maine state 

waters are infrequent, resulting in a low, 

diffuse entanglement risk coast wide 

during most of the year. Based on the 

predictable seasonal aggregations of 

right whales in Cape Cod Bay, 

Massachusetts used a seasonal closure 

as their primary risk reduction measure. 

While Maine, with diffuse risk, used 

‘‘trawling up’’ as the primary risk 

reduction measure. Based on this, 

NMFS should not compare the two 

states’ differing approaches as a basis for 

decision making to reclassify the Maine 

state lobster trap/pot fishery as a 

separate and distinct fishery from the 

broader Category I Northeast/MidAtlantic American lobster and Jonah 

crab trap/pot fishery. 

Response: NMFS recognizes that the 

state of Maine has modified their lobster 

trap/pot fishery in alignment with the 

Atlantic Large Whale Take Reduction 

Plan requirements that were finalized in 

2021 (86 FR 5990, September 17, 2021), 

has expanded acoustic monitoring, and 

has recently commenced visual surveys. 

However, cumulatively, these efforts do 

not differentiate the Maine state lobster 

fishery as a distinct fishery. To reiterate 

the responses stated in previous LOFs 

(88 FR 16899, March 21, 2023 and 87 FR 

23122, April 19, 2022), the state of 

Massachusetts was considered to be a 

unique, separate fishery because of the 

combination of measures that have been 

taken (see previous LOF: 88 FR 16899, 

March 21, 2023). As stated in our 

previous response, in making our 

decision, we considered the changes 

that the state of Massachusetts made 

(including gear changes that distinguish 

Massachusetts rope from other states, 

due to increased weak rope and insert 

requirements and increased marking 

frequency, amplified closures and a long 

time series of dedicated continual 

monitoring efforts) collectively, not as 

individual, standalone factors. 

With recent changes to gear markings, 

we are only now beginning to 

definitively trace entanglement gear to 

its source. According to data spanning 

2020–2022, entanglements with 

exclusively purple gear markings, 

signifying gear fished in Maine state 

waters, include three minke and two 

humpback whales. However, for the 

majority of documented entanglement 

cases spanning 2020–2022, gear could 

not be attributed to a specific origin (for 

92 percent of North Atlantic right 

whale, 85 percent of humpback whale, 

71 percent of minke whale, and 100 

percent of fin whale cases). 

The state of Maine’s growing 

monitoring effort may inform future 

decisions regarding how to reduce 

North Atlantic right whale M/SI, as well 

as M/SI of other endangered large 

whales and marine mammals. As we 

continue to gather more data on whale 

distribution, habitat use, movement and 

M/SI due to entanglements, NMFS will 

evaluate whether splitting out the Maine 

state waters trap/pot fishery from the 

broader Category I Northeast/MidAtlantic American lobster and Jonah 

crab trap/pot fishery is appropriate. 

Summary of Changes From the 

Proposed Rule 

In this final rule, NMFS corrects an 

error from the proposed rule in table 2 

and removes the Category III U.S. 

Atlantic tuna purse seine fishery. On 

October 3, 2022, NMFS published a 

final rule that discontinued the use of 

purse seines in the Atlantic highly 

migratory species bluefin tuna fishery 

(87 FR 59966, effective January 1, 2023). 

Based on public comment, and for 

consistency with the current stock name 

in the SARs, NMFS revises the stock 

name from Northern sea otter, South 

central AK to Northern sea otter, 


lotter on DSK11XQN23PROD with RULES1
12264 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

Southcentral AK on the list of species/ 

stocks incidentally killed or injured in 

the following fisheries: (1) Category II 

AK Cook Inlet salmon set gillnet, (2) 

Category II AK Prince William Sound 

salmon drift gillnet, and (3) Category III 

AK Prince William Sound salmon set 

gillnet. 

Based on public comment, NMFS 

retains the ‘‘1’’ superscript for the 

Eastern North Pacific Alaska resident 

stock of killer whale in the Category II 

AK Bering Sea, Aleutian Islands flatfish 

trawl fishery. 

Based on public comment, NMFS 

adds the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whale to the list of species/stocks 

incidentally killed or injured in the 

Category III WA/OR/CA groundfish/ 

finfish hook and line fishery. 

Summary of Changes to the LOF for 

2024 

The following summarizes changes to 

the LOF for 2024, 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 adds one 

fishery, removes seven fisheries, and 

reclassifies four fisheries in the LOF for 

2024. NMFS also 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 2024 are 

identical to those provided in the LOF 

for 2023, except for the changes 

discussed below. State and regional 

abbreviations used in the following 

paragraphs include AK (Alaska), CA 

(California), FL (Florida), GA (Georgia), 

HI (Hawaii), NC (North Carolina), OR 

(Oregon), SC (South Carolina), WA 

(Washington), and WNA (Western North 

Atlantic). 

Commercial Fisheries in the Pacific 

Ocean 

Classification of Fisheries 

NMFS reclassifies the Category II AK 

Southeast salmon drift gillnet fishery to 

a Category I fishery. 

NMFS reclassifies the Category II CA 

Dungeness crab pot fishery to a Category 

I fishery. 

NMFS reclassifies the Category II AK 

Bering Sea, Aleutian Islands Pacific cod 

pot fishery to a Category III fishery. 

Fishery Name and Organizational 

Changes and Clarification 

NMFS combines the Category III AK 

Dungeness crab fishery with the 

Category III AK miscellaneous 

invertebrates handpick fishery. 

NMFS removes the Category III AK 

roe herring and food/bait herring beach 

seine fishery from the LOF. 

NMFS removes the Category III AK 

state-managed waters of Prince William 

Sound groundfish trawl fishery. 

NMFS removes the Category III AK 

Bering Sea, Aleutian Islands groundfish 

hand troll and dinglebar troll fishery 

from the LOF. 

NMFS removes the Category III AK 

herring spawn on kelp dive hand/ 

mechanical collection fishery from the 

LOF. 

NMFS adds the superscript ‘‘1’’ to the 

southern Southeast Alaska inland 

waters stocks of harbor porpoise to 

indicate the stock is driving the 

Category I classification of the AK 

Southeast salmon drift gillnet fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico-CA/ 

OR/WA stocks of humpback whale to 

indicate the stock is driving the 

Category I classification of the CA 

Dungeness crab pot fishery. NMFS also 

removes the superscript ‘‘1’’ from 

Eastern North Pacific stock of blue 

whale to indicate the stock is not 

driving the Category I classification of 

the CA Dungeness crab pot fishery. 

NMFS removes the superscript ‘‘1’’ 

from the CA/OR/WA stock of minke 

whale to indicate the stock is no longer 

driving the Category II classification of 

the CA thresher shark/swordfish drift 

gillnet (≥14 in mesh) fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico—CA/ 

OR/WA stock of humpback whale to 

indicate the stock is driving the 

Category II classification of the CA 

halibut/white seabass and other species 

set gillnet (>3.5 in mesh) fishery. 

NMFS adds the superscript ‘‘2’’ to the 

Category II AK Cook Inlet salmon set 

gillnet fishery to indicate this fishery is 

classified by analogy. 

NMFS removes the superscript ‘‘2’’ 

from the Category II AK Yakutat salmon 

set gillnet fishery to indicate this fishery 

is not classified by analogy to other 

Category II gillnet fisheries. NMFS also 

adds the superscript ‘‘1’’ to the Yakutat/ 

Southeast Alaska offshore waters stock 

of harbor porpoise to indicate the stock 

is driving the Category II classification 

of the AK Yakutat salmon set gillnet 

fishery. 

NMFS removes the superscript ‘‘1’’ 

from the Western North Pacific stock of 

humpback whale to indicate the stocks 

is no longer driving the Category II 

classification of the AK Bering Sea, 

Aleutian Islands flatfish trawl fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale to 

indicate the stock is driving the 

Category II classification of the CA 

coonstripe shrimp pot fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale to 

indicate the stock is driving the 

Category II classification of the CA 

spiny lobster fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale to 

indicate the stock is driving the 

Category II classification of the CA spot 

prawn pot fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale to 

indicate the stock is driving the 

Category II classification of the OR 

Dungeness crab pot fishery. 

NMFS adds the superscript ‘‘1’’ to 

both the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whale to indicate the stocks are driving 

the Category II classification of the WA/ 

OR/CA sablefish pot fishery. 

NMFS adds the superscript ‘‘1’’ to the 

Central America/Southern Mexico-CA/ 

OR/WA stock of humpback whale to 

indicate the stock is driving the 

Category II classification of the WA 

coastal Dungeness crab pot fishery. 

NMFS adds the superscript ‘‘1’’ to the 

North Pacific stock of sperm whale to 

indicate the stock is driving the 

Category II classification of the AK Gulf 

of Alaska sablefish longline fishery. 

Number of Vessels/Persons 

NMFS updates the estimated number 

of vessels/persons in the Pacific Ocean 

(table 1) as follows: 

Category I 

• HI deep-set longline fishery from 

150 to 146 vessels/persons; and 

• AK Southeast salmon drift gillnet 

fishery from 474 to 371 vessels/persons. 

Category II 

• AK Bristol Bay salmon drift gillnet 

fishery from 1,862 to 1,521 vessels/ 

persons; 

• AK Bristol Bay salmon set gillnet 

fishery from 979 to 855 vessels/persons; 

• AK Kodiak salmon set gillnet 

fishery from 188 to 128 vessels/persons; 

• AK Cook Inlet salmon set gillnet 

fishery from 736 to 479 vessels/persons; 

• AK Cook Inlet salmon drift gillnet 

fishery from 569 to 355 vessels/persons; 

• AK Peninsula/Aleutian Islands 

salmon drift gillnet fishery from 162 to 

148 vessels/persons; 

• AK Peninsula/Aleutian Islands 

salmon set gillnet fishery from 113 to 75 

vessels/persons; 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12265 

• AK Prince William Sound salmon 

drift gillnet fishery from 537 to 483 

vessels/persons; 

• AK Yakutat salmon set gillnet 

fishery from 168 to 95 vessels/persons; 

• AK Bering Sea, Aleutian Islands 

flatfish trawl fishery from 32 to 29 

vessels/persons; 

• AK Bering Sea, Aleutian Islands 

pollock trawl fishery from 102 to 116 

vessels/persons; 

• AK Gulf of Alaska sablefish 

longline fishery from 295 to 177 vessels/ 

persons; 

• American Samoa longline fishery 

from 18 to 11 vessels/persons; and 

• HI shortline fishery from 11 to 8 

vessels/persons. 

Category III 

• AK Kuskokwim, Yukon, Norton 

Sound, Kotzebue salmon gillnet fishery 

from 1,778 to 360 vessels/persons; 

• AK Prince William Sound salmon 

set gillnet fishery from 29 to 25 vessels/ 

persons; 

• AK roe herring and food/bait 

herring gillnet fishery from 920 to 15 

vessels/persons; 

• HI inshore gillnet fishery form 27 to 

26 vessels/persons; 

• AK Cook Inlet salmon purse seine 

fishery from 83 to 16 vessels/persons; 

• AK Kodiak salmon purse seine 

fishery from 376 to 159 vessels/persons; 

• AK Southeast salmon purse seine 

fishery from 315 to 206 vessels/persons; 

• AK roe herring and food/bait 

herring purse seine fishery from 356 to 

31 vessels/persons; 

• AK salmon beach seine fishery from 

31 to two vessels/persons; 

• AK salmon purse seine (Prince 

William Sound, Chignik, Alaska 

Peninsula) fishery from 936 to 298 

vessels/persons; 

• HI throw net, cast net fishery from 

16 to 13 vessels/persons; 

• HI seine net fishery from 16 to 17 

vessels/persons; 

• AK Gulf of Alaska groundfish hand 

troll and dinglebar troll fishery from 

unknown to four vessels/persons; 

• AK salmon troll fishery from 1,908 

to 850 vessels/persons; 

• American Samoa tuna troll fishery 

from three to six vessels/persons; 

• HI troll fishery from 1,293 to 1,124 

vessels/persons; 

• HI rod and reel fishery from 246 to 

235 vessels/persons; 

• Guam tuna troll fishery from 465 to 

450 vessels/persons; 

• AK Bering Sea, Aleutian Islands 

Pacific cod longline fishery from 45 to 

26 vessels/persons; 

• AK Bering Sea, Aleutian Islands 

sablefish longline fishery from 22 to 

eight vessels/persons; 

• AK Bering Sea, Aleutian Islands 

halibut longline fishery from 127 to 84 

vessels/persons; 

• AK Gulf of Alaska halibut longline 

fishery from 855 to 689 vessels/persons; 

• AK Gulf of Alaska Pacific cod 

longline fishery from 92 to 23 vessels/ 

persons; 

• AK octopus/squid longline fishery 

from three to zero vessels/persons; 

• HI kaka line fishery from 16 to 17 

vessels/persons; 

• HI vertical line fishery from five to 

six vessels/persons; 

• AK Bering Sea, Aleutian Islands 

Atka mackerel trawl fishery from 13 to 

17 vessels/persons; 

• AK Bering Sea, Aleutian Islands 

Pacific cod trawl fishery from 72 to 64 

vessels/persons; 

• AK Bering Sea, Aleutian Islands 

rockfish trawl fishery from 17 to 22 

vessels/persons; 

• AK Gulf of Alaska flatfish trawl 

fishery from 36 to 16 vessels/persons; 

• AK Gulf of Alaska Pacific cod trawl 

fishery from 55 to 12 vessels/persons; 

• AK Gulf of Alaska pollock trawl 

fishery from 67 to 60 vessels/persons; 

• AK Gulf of Alaska rockfish trawl 

fishery from 43 to 35 vessels/persons; 

• AK Kodiak food/bait herring otter 

trawl fishery from four to zero vessels/ 

persons; 

• AK shrimp otter trawl and beam 

trawl fishery from 38 to 12 vessels/ 

persons; 

• AK Bering Sea, Aleutian Islands 

Pacific cod pot fishery from 59 to 80 

vessels/persons; 

• AK Bering Sea, Aleutian Islands 

sablefish pot fishery from 16 to 15 

vessels/persons; 

• AK Bering Sea, Aleutian Islands 

crab pot fishery from 540 to 73 vessels/ 

persons; 

• AK Gulf of Alaska crab pot fishery 

from 271 to 86 vessels/persons; 

• AK Gulf of Alaska Pacific cod pot 

fishery from 116 to 48 vessels/persons; 

• AK Gulf of Alaska sablefish pot 

fishery from 248 to 129 vessels/persons; 

• AK Southeast Alaska shrimp pot 

fishery from 99 to 104 vessels/persons; 

• AK shrimp pot, except Southeast 

fishery from 141 to 77 vessels/persons; 

• AK octopus/squid pot fishery from 

15 to zero vessels/persons; 

• HI crab trap fishery from three to 

four vessels/persons; 

• HI crab net fishery from three to 

four vessels/persons; 

• HI Kona crab loop net fishery from 

24 to 13 vessels/persons; 

• American Samoa bottomfish fishery 

from 46 to 44 vessels/persons; 

• Commonwealth of the Northern 

Mariana Islands bottomfish fishery from 

12 to seven vessels/persons; 

• Guam bottomfish fishery from 84 to 

63 vessels/persons; 

• HI bottomfish handline fishery from 

404 to 382 vessels/persons; 

• HI inshore handline fishery from 

182 to 158 vessels/persons; 

• HI pelagic handline fishery from 

311 to 271 vessels/persons; 

• AK Gulf of Alaska groundfish jig 

fishery from 214 to 68 vessels/persons; 

• AK halibut jig fishery from 71 to 

five vessels/persons; 

• AK herring spawn on kelp pound 

net fishery from 291 to 143 vessels/ 

persons; 

• AK Southeast herring roe/food/bait 

pound net fishery from two to one 

vessels/persons; 

• AK clam fishery from 130 to 57 

vessels/persons; 

• AK miscellaneous invertebrates 

handpick fishery from 214 to 188 

vessels/persons; 

• HI black coral diving fishery from 

less than three to none recorded; 

• HI handpick fishery from 28 to 25 

vessels/persons; 

• HI lobster diving fishery from 10 to 

12 vessels/persons; 

• HI spearfishing fishery from 79 to 

67 vessels/persons; and 

• HI aquarium collecting fishery from 

39 to none recorded. 

List of Species and/or Stocks 

Incidentally Killed or Injured in the 

Pacific Ocean 

NMFS adds the Beringia stock of 

bearded seal to the list of species/stocks 

incidentally killed or injured in the 

Category II AK Bering Sea, Aleutian 

Islands pollock trawl fishery. 

NMFS adds the U.S. stock of 

California sea lion to the list of species/ 

stocks incidentally killed or injured in 

the Category III CA sea cucumber trawl 

fishery. 

NMFS removes the Hawaii stock of 

striped dolphin from the list of species/ 

stocks incidentally killed or injured in 

the Category I HI deep-set longline 

fishery. 

NMFS removes the Hawaii stock of 

fin whale and Central North Pacific 

stock of humpback whale from the list 

of species/stocks incidentally killed or 

injured in the Category II HI shallow-set 

longline fishery. 

NMFS revises marine mammal stock 

names on the list of species/stocks 

incidentally killed or injured for 

consistency with the current stock 

names in the SARs as follows: 

Category II AK Bristol Bay Salmon Drift 

Gillnet Fishery 

• Harbor seal, Bering Sea to harbor 

seal, Bristol Bay; and 


lotter on DSK11XQN23PROD with RULES1
12266 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

Category II AK Gulf of Alaska Sablefish 

Longline 

• Northern elephant seal, California 

to Northern elephant seal, California 

breeding. 

NMFS updates the harbor porpoise 

stocks on the list of species/stocks 

incidentally killed or injured based on 

the revised stock structures in the 2022 

SAR (Young et al., 2023) as follows: 

Category I AK Southeast Salmon Drift 

Gillnet Fishery 

• Harbor porpoise, southeast Alaska 

to harbor porpoise, southern Southeast 

Alaska inland waters and harbor 

porpoise, northern Southeast Alaska 

inland waters, and 

Category II AK Yakutat Salmon Set 

Gillnet Fishery 

• Harbor porpoise, southeast Alaska 

to harbor porpoise, Yakutat/Southeast 

Alaska offshore waters. 

NMFS updates the humpback whale 

stocks on the list of species/stocks 

incidentally killed or injured based on 

the revised stock structures in the 2022 

SAR (Carretta et al., 2023; Young et al., 

2023) as follows: 

Category I AK Southeast Salmon Drift 

Gillnet Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category II CA Thresher Shark/ 

Swordfish Drift Gillnet (≥14 in Mesh) 

Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II CA Halibut/White Seabass 

and Other Species Set Gillnet (>3.5 in 

Mesh) Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II AK Kodiak Salmon Set 

Gillnet Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category II AK Cook Inlet Salmon Set 

Gillnet Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category II AK Prince William Sound 

Salmon Drift Gillnet Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category II AK Yakutat Salmon Set 

Gillnet Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category II AK Bering Sea, Aleutian 

Islands Pollock Trawl Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category II CA Coonstripe Shrimp Pot 

Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II CA Spiny Lobster Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II CA Spot Prawn Pot Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II CA Dungeness Crab Pot 

Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II OR Dungeness Crab Pot 

Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II WA/OR/CA Sablefish Pot 

Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category II WA Coastal Dungeness Crab 

Pot Fishery 

• Humpback whale, CA/OR/WA to 

humpback whale, Central America/ 

Southern Mexico-CA/OR/WA and 

humpback whale, Mainland MexicoCA/OR/WA stock; 

Category III AK Cook Inlet Salmon Purse 

Seine Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category III AK Kodiak Salmon Purse 

Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category III AK Southeast Salmon Purse 

Seine Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category III AK Bering Sea, Aleutian 

Islands Pacific Cod Pot Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category III Southeast Alaska Crab Pot 

Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category III Southeast Alaska Shrimp 

Pot Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific; 

Category III HI Crab Trap Fishery 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i, 

and 

Category III AK/WA/OR/CA 

Commercial Passenger Vessels Fishery; 

and, 

• Humpback whale, Central North 

Pacific to humpback whale, Hawai’i and 

humpback whale, Mexico-North Pacific. 

Commercial Fisheries in the Atlantic 

Ocean, Gulf of Mexico, and Caribbean 

Classification of Fisheries 

NMFS reclassifies the Category III 

U.S. Mid-Atlantic mixed species stop 

seine/weir/pound net (except the NC 

roe mullet stop net) fishery to a Category 

II fishery. NMFS also adds the fishery to 

the list of affected fisheries for the 

Bottlenose Dolphin Take Reduction 

Plan in table 4. 

Addition of Fisheries 

NMFS adds the Virginia shrimp trawl 

fishery as a Category II fishery. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12267 

Fishery Name and Organizational 

Changes and Clarification 

NMFS removes the superscript ‘‘1’’ 

from the WNA stock of long-finned pilot 

whale to indicate the stock is no longer 

driving the Category II classification of 

the Northeast mid-water trawl 

(including pair trawl) fishery. 

NMFS combines the Category II 

Northeast anchored float gillnet fishery 

into the Category I Northeast sink gillnet 

fishery. This change does not affect 

either fisheries’ requirements under the 

Harbor Porpoise or Atlantic Large Whale 

TRPs (see table 4). 

NMFS revises the fishery descriptions 

for the Category I Northeast/MidAtlantic American lobster trap/pot 

fishery and Category II Atlantic mixed 

species trap/pot fishery. NMFS adds 

Jonah crab as a target species for the 

Category I Northeast/Mid-Atlantic 

American lobster trap/pot fishery and 

removes Jonah crab as a target species 

from the Category II Atlantic mixed 

species trap/pot fishery. NMFS also 

revises the name of the Category I 

Northeast/Mid-Atlantic American 

lobster and Jonah crab trap/pot fishery. 

Number of Vessels/Persons 

NMFS updates the estimated number 

of vessels/persons in the Atlantic 

Ocean, Gulf of Mexico, and Caribbean 

(table 2) as follows: 

Category I 

• Northeast sink gillnet fishery from 

4,072 to 4,924 vessels/persons; 

Category II 

• NC inshore gillnet fishery from 

2,676 to 1,157 vessels/persons; and, 

• NC long haul seine fishery from 22 

to 10 vessels/persons. 

List of Species and/or Stocks 

Incidentally Killed or Injured in the 

Atlantic Ocean, Gulf of Mexico, and 

Caribbean 

NMFS corrects an administrative error 

in table 2. NMFS updates the bottlenose 

dolphin stock name from FL Bay 

estuarine to FL Bay in the list of 

species/stocks incidentally killed or 

injured in the Category III FL spiny 

lobster trap/pot fishery. 

NMFS adds the WNA stock of harp 

seal to the list of species/stocks 

incidentally killed or injured in the 

Category I mid-Atlantic gillnet fishery. 

NMFS adds the WNA stock of whitesided dolphin to the list of species/ 

stocks incidentally killed or injured in 

the Category II Northeast mid-water 

trawl (including pair trawl) fishery. 

NMFS adds the Biscayne Bay 

estuarine stock of bottlenose dolphin to 

the list of species/stocks incidentally 

killed or injured in the Category II 

Atlantic blue crab trap/pot fishery. 

NMFS adds the Charleston estuarine 

system stock of bottlenose dolphin to 

the list of species/stocks incidentally 

killed or injured in the Category III 

Atlantic Ocean, Gulf of Mexico, 

Caribbean commercial passenger fishing 

vessel fishery. 

NMFS removes both the SC/GA 

coastal and Southern migratory coastal 

stocks of bottlenose dolphin from the 

list of species/stocks incidentally killed 

or injured in the Category II Southeast 

Atlantic gillnet fishery. 

NMFS removes the Charleston 

estuarine system stock of bottlenose 

dolphin from the list of species/stocks 

incidentally killed or injured in the 

Category II Southeastern U.S. Atlantic, 

Gulf of Mexico shrimp trawl fishery. 

Commercial Fisheries on the High Seas 

Fishery Name and Organizational 

Changes and Clarification 

NMFS removes Category II Atlantic 

Highly Migratory Species trawl fishery 

from the LOF. 

NMFS removes Category II South 

Pacific tuna fisheries troll fishery from 

the LOF. 

Number of Vessels/Persons 

NMFS updates the estimated number 

of HSFCA permits for high seas fisheries 

(table 3) as follows: 

Category I 

• Western Pacific pelagic (HI deep-set 

component) longline fishery from 150 to 

146 HSFCA permits; 

Category II 

• Pacific highly migratory species 

drift gillnet fishery from three to two 

HSFCA permits; 

• Western and Central Pacific Ocean 

tuna purse seine fishery from 34 to 14 

HSFCA permits; 

• South Pacific albacore troll longline 

fishery from eight to six HSFCA 

permits; 

• Pacific highly migratory species 

handline/pole and line fishery from 45 

to 36 HSFCA permits; 

• South Pacific albacore troll 

handline/pole and line fishery from 

seven to one HSFCA permits; 

• South Pacific albacore troll fishery 

from 24 to 23 HSFCA permits; 

• Western Pacific pelagic troll fishery 

from seven to six HSFCA permits; 

Category III 

• Northwest Atlantic bottom longline 

fishery from two to one HSFCA permits; 

• Pacific highly migratory species 

longline fishery from 127 to 119 HSFCA 

permits; 

• Pacific highly migratory species 

purse seine fishery from two to one 

HSFCA permits; 

• Northwest Atlantic trawl fishery 

from three to one HSFCA permits; and, 

• Pacific highly migratory species 

troll fishery from 93 to 95 HSFCA 

permits. 

List of Species and/or Stocks 

Incidentally Killed or Injured on the 

High Seas 

NMFS removes the Hawaii stock of 

striped dolphin from the list of species/ 

stocks incidentally killed or injured in 

the Category I Western Pacific Pelagic 

longline fishery (HI deep-set 

component). 

NMFS removes the unknown stock of 

pygmy killer whale from the list of 

species/stocks incidentally killed or 

injured in the Category II Western and 

Central Pacific Ocean tuna purse seine 

fishery. 

NMFS removes the Hawaii stock of 

fin whale and Central North Pacific 

stock of humpback whale from the list 

of species/stocks incidentally killed or 

injured in the Category II Western 

Pacific Pelagic longline fishery (HI 

shallow-set component). 

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 


lotter on DSK11XQN23PROD with RULES1
12268 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

times the gear was used. For these 

fisheries, effort by a single participant is 

counted the same whether the 

fisherman used the gear only once or 

every day. In the Mid-Atlantic and New 

England fisheries, the numbers 

represent the potential effort for each 

fishery, given the multiple gear types for 

which several state permits may allow. 

Changes made to Mid-Atlantic and New 

England fishery participants will not 

affect observer coverage or bycatch 

estimates, as observer coverage and 

bycatch estimates are based on vessel 

trip reports and landings data. Tables 1 

and 2 serve to provide a description of 

the fishery’s potential effort (state and 

Federal). If NMFS is able to gather more 

accurate information on the gear types 

used by state permit holders in the 

future, the numbers will be updated to 

reflect this change. For additional 

information on fishing effort in fisheries 

found on table 1 or 2, contact the 

relevant regional office (contact 

information included above in the 

section: Where can I find more 

information about the LOF and the 

MMAP?). 

For high seas fisheries, table 3 lists 

the number of valid HSFCA permits 

currently held. Although this likely 

overestimates the number of active 

participants in many of these fisheries, 

the number of valid HSFCA permits is 

the most reliable data on the potential 

effort in high seas fisheries at this time. 

As noted previously, the number of 

HSFCA permits listed in table 3 for the 

high seas components of fisheries that 

also operate within U.S. waters does not 

necessarily represent additional effort 

not accounted for in tables 1 and 2. 

Many vessels holding HSFCA permits 

also fish within U.S. waters and are 

included in the number of vessels and 

participants operating within those 

fisheries in tables 1 and 2. 

Tables 1, 2, and 3 also list the marine 

mammal species and/or stocks 

incidentally killed or injured (seriously 

or non-seriously) in each fishery based 

on SARs, injury determination reports, 

bycatch estimation reports, observer 

data, logbook data, stranding data, 

disentanglement network data, 

fishermen self-reports (i.e., MMAP 

reports), and anecdotal reports. The best 

available scientific information 

included in these reports is based on 

data through 2020. This list includes all 

species and/or stocks known to be killed 

or injured in a given fishery, but also 

includes species and/or stocks for 

which there are anecdotal records of a 

mortality or injury. Additionally, 

species identified by logbook entries, 

stranding data, or fishermen self-reports 

(i.e., MMAP reports) may not be 

verified. In tables 1 and 2, NMFS has 

designated those species/stocks driving 

a fishery’s classification (i.e., the fishery 

is classified based on mortalities and 

serious injuries of a marine mammal 

stock that are greater than or equal to 50 

percent (Category I), or greater than 1 

percent and less than 50 percent 

(Category II), of a stock’s PBR) by 

including a ‘‘1’’ after the stock’s name. 

In tables 1 and 2, there are several 

fisheries classified as Category II that 

have no recent documented mortalities 

or serious injuries of marine mammals, 

or fisheries that did not result in a 

mortality or serious injury rate greater 

than 1 percent of a stock’s PBR level 

based on known interactions. NMFS has 

classified these fisheries by analogy to 

other Category I or II fisheries that use 

similar fishing techniques or gear that 

are known to cause mortality or serious 

injury of marine mammals, as discussed 

in the final LOF for 1996 (60 FR 67063, 

December 28, 1995), and according to 

factors listed in the definition of a 

‘‘Category II fishery’’ in 50 CFR 229.2 

(i.e., fishing techniques, gear types, 

methods used to deter marine mammals, 

target species, seasons and areas fished, 

qualitative data from logbooks or 

fishermen reports, stranding data, and 

the species and distribution of marine 

mammals in the area). NMFS has 

designated those fisheries listed by 

analogy in tables 1 and 2 by adding a 

‘‘2’’ after the fishery’s name. 

There are several fisheries in tables 1, 

2, and 3 in which a portion of the 

fishing vessels cross the Exclusive 

Economic Zone (EEZ) boundary and 

therefore operate both within U.S. 

waters and on the high seas. These 

fisheries, though listed separately on 

tables 1, 2, or 3, are considered the same 

fisheries on either side of the EEZ 

boundary. NMFS has designated those 

fisheries in each table with an asterisk 

(*) after the fisheries’ names. 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Category I 

Longline/Set Line Fisheries: 

HI deep-set longline * ∧ ................................................... 146 ............................ Bottlenose dolphin, HI Pelagic. 

False killer whale, HI Pelagic.1

False killer whale, MHI Insular. 

False killer whale, NWHI. 

Kogia spp. (Pygmy or dwarf sperm whale), HI. 

Risso’s dolphin, HI. 

Rough-toothed dolphin, HI. 

Short-finned pilot whale, HI. 

Gillnet Fisheries: 

AK Southeast salmon drift gillnet ................................... 474 ............................ Dall’s porpoise, AK. 

Harbor porpoise, northern Southeast Alaska inland waters. 

Harbor porpoise, southern Southeast Alaska inland 

waters.1

Harbor seal, Southeast AK. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific 

Pacific white-sided dolphin, North Pacific. 

Steller sea lion, Eastern U.S. 

Pot, Ring Net, and Trap Fisheries: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12269 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

CA Dungeness crab pot ................................................. 471 ............................ Blue whale, Eastern North Pacific. 

Gray whale, Eastern North Pacific. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

Killer whale, Eastern North Pacific GOA, BSAI transient. 

Killer whale, West Coast transient. 

Northern elephant seal, CA breeding. 

Category II 

Gillnet Fisheries: 

CA thresher shark/swordfish drift gillnet (≥14 in mesh) * 21 .............................. Bottlenose dolphin, CA/OR/WA offshore. 

California sea lion, U.S. 

Dall’s porpoise, CA/OR/WA. 

Gray whale, Eastern North Pacific. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA. 

Humpback whale, Mainland Mexico-CA/OR/WA. 

Long-beaked common dolphin, CA. 

Minke whale, CA/OR/WA. 

Northern elephant seal, CA breeding. 

Northern right-whale dolphin, CA/OR/WA. 

Pacific white-sided dolphin, CA/OR/WA. 

Risso’s dolphin, CA/OR/WA. 

Short-beaked common dolphin, CA/OR/WA. 

Short-finned pilot whale, CA/OR/WA.1

Sperm Whale, CA/OR/WA.1

CA halibut/white seabass and other species set gillnet 

(>3.5 in mesh).

39 .............................. California sea lion, U.S. 

Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

Long-beaked common dolphin, CA. 

Northern elephant seal, CA breeding. 

Southern sea otter, CA. 

Short-beaked common dolphin, CA/OR/WA. 

CA yellowtail, barracuda, and white seabass drift 

gillnet (mesh size ≥3.5 in and <14 in) 2.

20 .............................. California sea lion, U.S. 

Long-beaked common dolphin, CA. 

Short-beaked common dolphin, CA/OR/WA. 

AK Bristol Bay salmon drift gillnet 2 ............................... 1,521 ......................... Beluga whale, Bristol Bay. 

Gray whale, Eastern North Pacific. 

Harbor seal, Bristol Bay. 

Northern fur seal, Eastern Pacific. 

Pacific white-sided dolphin, North Pacific. 

Spotted seal, Bering. 

Steller sea lion, Western U.S. 

AK Bristol Bay salmon set gillnet 2 ................................ 855 ............................ Beluga whale, Bristol Bay. 

Gray whale, Eastern North Pacific. 

Harbor seal, Bristol Bay. 

Northern fur seal, Eastern Pacific. 

Spotted seal, Bering. 

AK Kodiak salmon set gillnet ......................................... 128 ............................ Harbor porpoise, GOA.1

Harbor seal, GOA. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Humpback whale, Western North Pacific. 

Northern sea otter, Southwest AK. 

Steller sea lion, Western U.S. 

AK Cook Inlet salmon set gillnet 2 ................................. 479 ............................ Beluga whale, Cook Inlet. 

Dall’s porpoise, AK. 

Harbor porpoise, GOA. 

Harbor seal, Cook Inlet/Shelikof Strait. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Northern sea otter, Southcentral AK. 

Steller sea lion, Western U.S. 


lotter on DSK11XQN23PROD with RULES1
12270 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

AK Cook Inlet salmon drift gillnet .................................. 355 ............................ Beluga whale, Cook Inlet. 

Dall’s porpoise, AK. 

Harbor porpoise, GOA.1

Harbor seal, GOA. 

Steller sea lion, Western U.S. 

AK Peninsula/Aleutian Islands salmon drift gillnet 2 ...... 148 ............................ Dall’s porpoise, AK. 

Harbor porpoise, GOA. 

Harbor seal, GOA. 

Northern fur seal, Eastern Pacific. 

AK Peninsula/Aleutian Islands salmon set gillnet 2 ....... 75 .............................. Harbor porpoise, Bering Sea. 

Northern sea otter, Southwest AK. 

Steller sea lion, Western U.S. 

AK Prince William Sound salmon drift gillnet ................ 483 ............................ Dall’s porpoise, AK. 

Gray whale, Eastern North Pacific. 

Harbor porpoise, GOA.1

Harbor seal, Prince William Sound. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Northern fur seal, Eastern Pacific. 

Pacific white-sided dolphin, North Pacific. 

Northern sea otter, Southcentral AK. 

Steller sea lion, Western U.S.1

AK Yakutat salmon set gillnet ........................................ 95 .............................. Gray whale, Eastern North Pacific. 

Harbor Porpoise, Yakutat/Southeast Alaska offshore 

waters.1

Harbor seal, Southeast AK. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

WA Puget Sound Region salmon drift gillnet (includes 

all inland waters south of US-Canada border and 

eastward of the Bonilla-Tatoosh line—Treaty Indian 

fishing is excluded).

136 ............................ Dall’s porpoise, CA/OR/WA. 

Harbor porpoise, inland WA.1

Harbor seal, WA inland. 

Trawl Fisheries: 

AK Bering Sea, Aleutian Islands flatfish trawl ............... 29 .............................. Bearded seal, Beringia. 

Gray whale, Eastern North Pacific. 

Harbor porpoise, Bering Sea. 

Harbor seal, Bristol Bay. 

Humpback whale, Western North Pacific. 

Killer whale, Eastern North Pacific Alaska resident.1

Killer whale, Eastern North Pacific GOA, AI, BS transient.1

Northern fur seal, Eastern Pacific. 

Ringed seal, Arctic. 

Ribbon seal. 

Spotted seal, Bering. 

Steller sea lion, Western U.S.1

Walrus, AK. 

AK Bering Sea, Aleutian Islands pollock trawl .............. 116 ............................ Bearded seal, Beringia. 

Harbor seal, Bristol Bay. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Humpback whale, Western North Pacific. 

Pacific white-sided dolphin, North Pacific. 

Ribbon seal. 

Ringed seal, Arctic. 

Steller sea lion, Western U.S.1

Pot, Ring Net, and Trap Fisheries: 

CA coonstripe shrimp pot .............................................. 9 ................................ Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

CA spiny lobster ............................................................. 189 ............................ Bottlenose dolphin, CA/OR/WA offshore. 

California sea lion, U.S. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

Gray whale, Eastern North Pacific. 

Southern sea otter, CA. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12271 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

CA spot prawn pot ......................................................... 22 .............................. Gray whale, Eastern North Pacific. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

Long-beaked common dolphin, CA. 

OR Dungeness crab pot ................................................ 323 ............................ Gray whale, Eastern North Pacific. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

WA/OR/CA sablefish pot ................................................ 144 ............................ Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA.1

WA coastal Dungeness crab pot ................................... 204 ............................ Gray whale, Eastern North Pacific. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA.1

Humpback whale, Mainland Mexico-CA/OR/WA. 

Longline/Set Line Fisheries: 

AK Gulf of Alaska sablefish longline .............................. 177 ............................ Northern elephant seal, California breeding. 

Sperm whale, North Pacific.1

Steller sea lion, Eastern U.S. 

Steller sea lion, Western U.S. 

HI shallow-set longline * ∧ ............................................... 14 .............................. Bottlenose dolphin, HI Pelagic. 

False killer whale, HI Pelagic.1

Guadalupe fur seal. 

Risso’s dolphin, HI. 

Striped dolphin, HI. 

American Samoa longline 2 ............................................ 11 .............................. False killer whale, American Samoa. 

Rough-toothed dolphin, American Samoa. 

Striped dolphin, unknown. 

HI shortline 2 ................................................................... 8 ................................ None documented. 

Marine Aquaculture Fisheries: 

HI offshore pen culture .................................................. 1 ................................ Hawaiian monk seal. 

Category III 

Gillnet Fisheries: 

AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet.360 ............................ Harbor porpoise, Bering Sea. 

AK Prince William Sound salmon set gillnet ................. 25 .............................. Harbor seal, GOA. 

Northern sea otter, Southcentral AK. 

Steller sea lion, Western U.S. 

AK roe herring and food/bait herring gillnet ................... 15 .............................. None documented. 

CA herring set gillnet ..................................................... 11 .............................. None documented. 

HI inshore gillnet ............................................................ 26 .............................. Bottlenose dolphin, HI. 

Spinner dolphin, HI. 

WA Grays Harbor salmon drift gillnet (excluding treaty 

Tribal fishing).

19 .............................. Harbor seal, OR/WA coast. 

WA/OR Mainstem Columbia River eulachon gillnet ...... 10 .............................. None documented. 

WA/OR lower Columbia River (includes tributaries) drift 

net.

244 ............................ California sea lion, U.S. 

Harbor seal, OR/WA coast. 

WA Willapa Bay drift gillnet ........................................... 57 .............................. Harbor seal, OR/WA coast. 

Northern elephant seal, CA breeding. 

Miscellaneous Net Fisheries: 

AK Cook Inlet salmon purse seine ................................ 16 .............................. Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

AK Kodiak salmon purse seine ...................................... 159 ............................ Dall’s porpoise, AK. 

Harbor seal, North Kodiak. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Humpback whale, Western North Pacific. 

Steller sea lion, Western U.S. 

AK Southeast salmon purse seine ................................ 206 ............................ Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

AK roe herring and food/bait herring purse seine ......... 31 .............................. None documented. 

AK salmon beach seine ................................................. 2 ................................ None documented. 

AK salmon purse seine (Prince William Sound, 

Chignik, Alaska Peninsula).

298 ............................ Harbor seal, GOA. 

Harbor seal, Prince William Sound. 

WA/OR sardine purse seine .......................................... 6 ................................ None documented. 

CA anchovy, mackerel, sardine purse seine ................. 53 .............................. California sea lion, U.S. 

Harbor seal, CA. 


lotter on DSK11XQN23PROD with RULES1
12272 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

CA squid purse seine ..................................................... 68 .............................. California sea lion, U.S. 

Long-beaked common dolphin, CA. 

Risso’s dolphin, CA/OR/WA. 

Short-beaked common dolphin, CA/OR/WA. 

CA tuna purse seine * .................................................... 14 .............................. None documented. 

WA/OR Lower Columbia River salmon seine ................ 1 ................................ None documented. 

WA/OR herring, anchovy, smelt, squid purse seine or 

lampara.

41 .............................. None documented. 

WA salmon seine ........................................................... 81 .............................. None documented. 

WA salmon reef net ....................................................... 11 .............................. None documented. 

HI lift net ......................................................................... 14 .............................. None documented. 

HI inshore purse seine ................................................... None recorded .......... None documented. 

HI throw net, cast net ..................................................... 13 .............................. None documented. 

HI seine net .................................................................... 17 .............................. None documented. 

Dip Net Fisheries: 

CA squid dip net ............................................................ 19 .............................. None documented. 

Marine Aquaculture Fisheries: 

CA marine shellfish aquaculture .................................... unknown .................... None documented. 

CA salmon enhancement rearing pen ........................... >1 .............................. None documented. 

CA white seabass enhancement net pens .................... 13 .............................. California sea lion, U.S. 

WA salmon net pens ...................................................... 14 .............................. California sea lion, U.S. 

Harbor seal, WA inland waters. 

WA/OR shellfish aquaculture ......................................... 23 .............................. None documented. 

Troll Fisheries: 

WA/OR/CA albacore surface hook and line/troll ........... 556 ............................ None documented. 

CA halibut, white seabass, and yellowtail hook and 

line/handline.

388 ............................ None documented. 

CA/OR/WA non-albacore HMS hook and line ............... 124 ............................ None documented. 

AK Gulf of Alaska groundfish hand troll and dinglebar 

troll.

4 ................................ None documented. 

AK salmon troll ............................................................... 850 ............................ Steller sea lion, Eastern U.S. 

Steller sea lion, Western U.S. 

American Samoa tuna troll ............................................ 6 ................................ None documented. 

CA/OR/WA salmon troll ................................................. 1,030 ......................... None documented. 

HI troll ............................................................................. 1,124 ......................... Pantropical spotted dolphin, HI. 

HI rod and reel ............................................................... 235 ............................ None documented. 

Commonwealth of the Northern Mariana Islands tuna 

troll.

9 ................................ None documented. 

Guam tuna troll .............................................................. 450 ............................ None documented. 

Longline/Set Line Fisheries: 

AK Bering Sea, Aleutian Islands Greenland turbot 

longline.

4 ................................ Killer whale, GOA, AI, BS transient. 

AK Bering Sea, Aleutian Islands Pacific cod longline ... 26 .............................. Northern fur seal, Eastern Pacific. 

Steller sea lion, Western U.S. 

AK Bering Sea, Aleutian Islands sablefish longline ....... 8 ................................ None documented. 

AK Bering Sea, Aleutian Islands halibut longline .......... 84 .............................. Northern fur seal, Eastern Pacific. 

Sperm whale, North Pacific. 

AK Gulf of Alaska halibut longline ................................. 689 ............................ Harbor seal, Clarence Strait.

Harbor seal, Cook Inlet. 

Steller sea lion, Eastern U.S. 

AK Gulf of Alaska Pacific cod longline .......................... 23 .............................. Harbor seal, Cook Inlet/Shelikof Strait. 

Steller sea lion, Western U.S. 

AK octopus/squid longline .............................................. 0 ................................ None documented. 

AK state-managed waters longline/setline (including 

sablefish, rockfish, lingcod, and miscellaneous 

finfish).

464 ............................ None documented. 

WA/OR/CA groundfish, bottomfish longline/set line ...... 314 ............................ Bottlenose dolphin, CA/OR/WA offshore. 

California sea lion, U.S. 

Northern elephant seal, California breeding. 

Sperm whale, CA/OR/WA. 

Steller sea lion, Eastern U.S. 

WA/OR/CA Pacific halibut longline ................................ 130 ............................ None documented. 

West Coast pelagic longline .......................................... 4 ................................ None documented in the most recent 5 years of data. 

HI kaka line .................................................................... 17 .............................. None documented. 

HI vertical line ................................................................ 6 ................................ None documented. 

Trawl Fisheries: 

AK Bering Sea, Aleutian Islands Atka mackerel trawl ... 17 .............................. Harbor seal, Aleutian Islands. 

Northern elephant seal, California. 

Steller sea lion, Western U.S. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12273 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

AK Bering Sea, Aleutian Islands Pacific cod trawl ........ 64 .............................. Bearded seal, AK. 

Ribbon seal. 

Steller sea lion, Western U.S. 

AK Bering Sea, Aleutian Islands rockfish trawl ............. 22 .............................. Harbor seal, Aleutian Islands. 

Ribbon seal. 

AK Gulf of Alaska flatfish trawl ...................................... 16 .............................. Harbor seal, Cook Inlet/Shelikof Strait. 

Harbor seal, North Kodiak. 

Harbor seal, South Kodiak. 

Steller sea lion, Western U.S. 

AK Gulf of Alaska Pacific cod trawl ............................... 12 .............................. Steller sea lion, Western U.S. 

AK Gulf of Alaska pollock trawl ..................................... 60 .............................. Steller sea lion, Western U.S. 

AK Gulf of Alaska rockfish trawl .................................... 35 .............................. Steller sea lion, Western U.S. 

AK Kodiak food/bait herring otter trawl .......................... 0 ................................ None documented. 

AK shrimp otter trawl and beam trawl ........................... 12 .............................. None documented. 

CA halibut bottom trawl .................................................. 23 .............................. California sea lion, U.S. 

Harbor porpoise, unknown. 

Harbor seal, unknown. 

Northern elephant seal, CA breeding. 

Steller sea lion, unknown. 

CA sea cucumber trawl .................................................. 11 .............................. California sea lion, U.S. 

WA/OR/CA shrimp trawl ................................................ 130 ............................ California sea lion, U.S. 

WA/OR/CA groundfish trawl .......................................... 118 ............................ California sea lion, U.S. 

Dall’s porpoise, CA/OR/WA. 

Harbor seal, OR/WA coast. 

Northern elephant seal, CA breeding. 

Northern fur seal, Eastern Pacific. 

Northern right whale dolphin, CA/OR/WA. 

Pacific white-sided dolphin, CA/OR/WA. 

Steller sea lion, Eastern U.S. 

Pot, Ring Net, and Trap Fisheries: 

AK Bering Sea, Aleutian Islands Pacific cod pot ........... 80 .............................. Harbor seal, Bristol Bay. 

Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Humpback whale, Western North Pacific. 

AK Bering Sea, Aleutian Islands sablefish pot .............. 15 .............................. Sperm whale, North Pacific. 

AK Bering Sea, Aleutian Islands crab pot ..................... 73 .............................. Bowhead whale, Western Arctic. 

Gray whale, Eastern North Pacific. 

AK Gulf of Alaska crab pot ............................................ 86 .............................. None documented. 

AK Gulf of Alaska Pacific cod pot .................................. 48 .............................. None documented in most recent 5 years of data. 

AK Gulf of Alaska sablefish pot ..................................... 129 ............................ None documented. 

AK Southeast Alaska crab pot ....................................... 375 ............................ Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

AK Southeast Alaska shrimp pot ................................... 104 ............................ Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

AK shrimp pot, except Southeast .................................. 77 .............................. None documented. 

AK octopus/squid pot ..................................................... 0 ................................ None documented. 

CA rock crab pot ............................................................ 113 ............................ Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

CA Tanner crab pot fishery ............................................ 1 ................................ None documented. 

WA/OR/CA hagfish pot .................................................. 63 .............................. None documented. 

WA/OR shrimp pot/trap .................................................. 28 .............................. None documented. 

WA Puget Sound Dungeness crab pot/trap .................. 145 ............................ None documented. 

HI crab trap .................................................................... 4 ................................ Humpback whale, Hawai1i. 

HI fish trap ...................................................................... 4 ................................ None documented. 

HI lobster trap ................................................................ Less than 3 ............... None documented in recent years. 

HI shrimp trap ................................................................ 3 ................................ None documented.

HI crab net ..................................................................... 4 ................................ None documented. 

HI Kona crab loop net .................................................... 13 .............................. None documented. 

Hook and Line, Handline, and Jig Fisheries: 

AK Bering Sea, Aleutian Islands groundfish jig ............. 2 ................................ None documented. 

AK Gulf of Alaska groundfish jig .................................... 68 .............................. None documented in most recent 5 years of data. 

AK halibut jig .................................................................. 5 ................................ None documented. 

American Samoa bottomfish .......................................... 44 .............................. None documented. 

Commonwealth of the Northern Mariana Islands 

bottomfish.

7 ................................ None documented. 

Guam bottomfish ............................................................ 63 .............................. None documented. 

HI aku boat, pole, and line ............................................. None recorded ........... None documented. 

HI bottomfish handline ................................................... 392 ............................ None documented in recent years. 

HI inshore handline ........................................................ 158 ............................ None documented. 

HI pelagic handline ........................................................ 271 ............................ None documented. 


lotter on DSK11XQN23PROD with RULES1
12274 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

WA/OR/CA groundfish/finfish hook and line .................. 689 ............................ California sea lion, U.S. 

Humpback whale, Central America/Southern Mexico-CA/ 

OR/WA. 

Humpback whale, Mainland Mexico-CA/OR/WA. 

Western Pacific squid jig ................................................ 0 ................................ None documented. 

Harpoon Fisheries: 

CA swordfish harpoon .................................................... 21 .............................. None documented. 

Pound Net/Weir Fisheries: 

AK herring spawn on kelp pound net ............................ 143 ............................ None documented. 

AK Southeast herring roe/food/bait pound net .............. 1 ................................ None documented. 

HI bullpen trap ................................................................ < 3 ............................. None documented.

Bait Pens: 

WA/OR/CA bait pens ..................................................... 13 .............................. California sea lion, U.S. 

Dredge Fisheries: 

AK scallop dredge .......................................................... 108 (5 AK) ................. None documented. 

Dive, Hand/Mechanical Collection Fisheries: 

AK clam .......................................................................... 57 .............................. None documented. 

AK miscellaneous invertebrates handpick ..................... 188 ............................ None documented. 

CA/OR/WA dive collection ............................................. 186 ............................ None documented. 

CA/WA kelp, seaweed, and algae ................................. 4 ................................ None documented. 

HI black coral diving ....................................................... None recorded .......... None documented. 

HI fish pond .................................................................... None recorded .......... None documented. 

HI handpick .................................................................... 25 .............................. None documented.

HI lobster diving ............................................................. 12 .............................. None documented. 

HI spearfishing ............................................................... 67 .............................. None documented. 

WA/OR/CA hand/mechanical collection ......................... 320 ............................ None documented. 

Commercial Passenger Fishing Vessel (Charter Boat) Fisheries: 

AK/WA/OR/CA commercial passenger fishing vessel ... >7,000 (1,006 AK) ..... Humpback whale, Hawai1i. 

Humpback whale, Mexico-North Pacific. 

Humpback whale, Western North Pacific. 

Killer whale, unknown. 

Steller sea lion, Eastern U.S. 

Steller sea lion, Western U.S. 

Live Finfish/Shellfish Fisheries: 

CA nearshore finfish trap ............................................... 42 .............................. None documented. 

HI aquarium collecting ................................................... None recorded .......... 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; 1Fishery 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; 2Fishery classified by analogy; 

* Fishery has an associated high seas component listed in table 3; and 

∧The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured 

in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. The species and/ 

or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries 

pose the same risk to marine mammals as the components operating on the high seas. 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Category I 

Gillnet Fisheries: 

Mid-Atlantic gillnet .......................................................... 4,020 ......................... Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, Southern Migratory coastal.1

Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern NC estuarine system.1

Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA. 

Gray seal, WNA. 

Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Harp seal, WNA. 

Hooded seal, WNA. 

Humpback whale, Gulf of Maine. 

Minke whale, Canadian east coast. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12275 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Northeast sink gillnet ...................................................... 4,924 ......................... Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA. 

Fin whale, WNA. 

Gray seal, WNA.1

Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Harp seal, WNA. 

Humpback whale, Gulf of Maine. 

Minke whale, Canadian east coast. 

North Atlantic right whale, WNA. 

Risso’s dolphin, WNA. 

White-sided dolphin, WNA. 

Trap/Pot Fisheries: 

Northeast/Mid-Atlantic American lobster and Jonah 

crab trap/pot.

8,485 ......................... Humpback whale, Gulf of Maine. 

Minke whale, Canadian east coast. 

North Atlantic right whale, WNA.1

Longline Fisheries: 

Atlantic Ocean, Caribbean, Gulf of Mexico large 

pelagics longline *.

201 ............................ Atlantic spotted dolphin, Northern GMX. 

Bottlenose dolphin, Northern GMX oceanic. 

Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA. 

Cuvier’s beaked whale, WNA. 

False killer whale, WNA. 

Harbor porpoise, GME, BF. 

Kogia spp. (Pygmy or dwarf sperm whale), WNA. 

Long-finned pilot whale, WNA. 

Mesoplodon beaked whale, WNA. 

Minke whale, Canadian East coast. 

Pantropical spotted dolphin, Northern GMX. 

Pygmy sperm whale, GMX. 

Risso’s dolphin, Northern GMX. 

Risso’s dolphin, WNA. 

Rough-toothed dolphin, Northern GMX. 

Short-finned pilot whale, Northern GMX. 

Short-finned pilot whale, WNA.1

Sperm whale, Northern GMX. 

Category II 

Gillnet Fisheries: 

Chesapeake Bay inshore gillnet 2 .................................. 265 ............................ Bottlenose dolphin, unknown (Northern migratory coastal 

or Southern migratory coastal). 

Gulf of Mexico gillnet 2 ................................................... 248 ............................ Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, GMX bay, sound, and estuarine. 

Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 

Bottlenose dolphin, MS Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Western GMX coastal. 

NC inshore gillnet ........................................................... 1,157 ......................... Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern NC estuarine system.1

Northeast drift gillnet 2 .................................................... 1,036 ......................... None documented. 

Southeast Atlantic gillnet 2 ............................................. 273 ............................ Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Northern FL coastal. 

Southeastern U.S. Atlantic shark gillnet ........................ 21 .............................. Bottlenose dolphin, unknown (Central FL, Northern FL, 

SC/GA coastal, or Southern migratory coastal). 

North Atlantic right whale, WNA. 

Trawl Fisheries: 

Mid-Atlantic mid-water trawl (including pair trawl) ......... 320 ............................ Bottlenose dolphin, WNA offshore. 

Harbor seal, WNA. 

Mid-Atlantic bottom trawl ................................................ 633 ............................ Bottlenose dolphin, WNA offshore.1

Common dolphin, WNA.1

Gray seal, WNA.1

Harbor seal, WNA. 

Risso’s dolphin, WNA.1

White-sided dolphin, WNA. 


lotter on DSK11XQN23PROD with RULES1
12276 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Northeast mid-water trawl (including pair trawl) ............ 542 ............................ Common dolphin, WNA. 

Gray seal, WNA. 

Harbor seal, WNA. 

Long-finned pilot whale, WNA. 

White-sided dolphin, WNA. 

Northeast bottom trawl ................................................... 968 ............................ Bottlenose dolphin, WNA offshore.1

Common dolphin, WNA. 

Gray seal, WNA.1

Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Harp seal, WNA. 

Long-finned pilot whale, WNA.1

Risso’s dolphin, WNA.1

White-sided dolphin, WNA.1

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 10,824 ....................... Atlantic spotted dolphin, Northern Gulf of Mexico. 

Bottlenose dolphin, Barataria Bay Estuarine System. 

Bottlenose dolphin, Eastern GMX coastal.1

Bottlenose dolphin, GMX bay, sound, estuarine.1

Bottlenose dolphin, GMX continental shelf. 

Bottlenose dolphin, Mississippi River Delta. 

Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 

Bottlenose dolphin, Northern GMX coastal.1

Bottlenose dolphin, Pensacola Bay, East Bay. 

Bottlenose dolphin, Perdido Bay. 

Bottlenose dolphin, SC/GA coastal.1

Bottlenose dolphin, Southern migratory coastal. 

Bottlenose dolphin, Western GMX coastal.1

Virginia shrimp trawl ....................................................... 12 .............................. None documented. 

Trap/Pot Fisheries: 

MA mixed species trap/pot ............................................ 1,240 ......................... None documented. 

Southeastern U.S. Atlantic, Gulf of Mexico stone crab 

trap/pot 2.

1,101 ......................... Bottlenose dolphin, Biscayne Bay estuarine. 

Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, FL Bay. 

Bottlenose dolphin, GMX bay, sound, estuarine (FL west 

coast portion). 

Bottlenose dolphin, Indian River Lagoon estuarine system. 

Bottlenose dolphin, Jacksonville estuarine system. 

Bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. 

Atlantic mixed species trap/pot 2 .................................... 3,493 ......................... Fin whale, WNA. 

Humpback whale, Gulf of Maine. 

Atlantic blue crab trap/pot .............................................. 6,679 ......................... Bottlenose dolphin, Biscayne Bay estuarine. 

Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Central GA estuarine system.1

Bottlenose dolphin, Charleston estuarine system.1

Bottlenose dolphin, Indian River Lagoon estuarine system. 

Bottlenose dolphin, Jacksonville estuarine system. 

Bottlenose dolphin, Northern FL coastal.1

Bottlenose dolphin, Northern GA/Southern SC estuarine 

system. 

Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Northern SC estuarine system. 

Bottlenose dolphin, SC/GA coastal. 

Bottlenose dolphin, Southern GA estuarine system. 

Bottlenose dolphin, Southern Migratory coastal.1

Bottlenose dolphin, Southern NC estuarine system. 

West Indian manatee, FL. 

Purse Seine Fisheries: 

Gulf of Mexico menhaden purse seine .......................... 40–42 ........................ Bottlenose dolphin, GMX bay, sound, estuarine. 

Bottlenose dolphin, Mississippi River Delta. 

Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Northern GMX coastal.1

Bottlenose dolphin, Western GMX coastal.1

Mid-Atlantic menhaden purse seine 2 ............................ 17 .............................. Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, Southern Migratory coastal. 

Haul/Beach Seine Fisheries: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12277 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Mid-Atlantic haul/beach seine ........................................ 359 ............................ Bottlenose dolphin, Northern Migratory coastal.1

Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern Migratory coastal.1

NC long haul seine ........................................................ 10 .............................. Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern NC estuarine system. 

Stop Seine/Weir/Pound Net: 

U.S. Mid-Atlantic mixed species stop seine/weir/pound 

net (except the NC roe mullet stop net).

unknown .................... Bottlenose dolphin, Northern NC estuarine system. 

Stop Net Fisheries: 

NC roe mullet stop net ................................................... 1 ................................ Bottlenose dolphin, Northern NC estuarine system. 

Bottlenose dolphin, unknown (Southern migratory coastal 

or Southern NC estuarine system). 

Pound Net Fisheries: 

VA pound net ................................................................. 20 .............................. Bottlenose dolphin, Northern migratory coastal. 

Bottlenose dolphin, Northern NC estuarine system. 

Bottlenose dolphin, Southern Migratory coastal.1

Category III 

Gillnet Fisheries: 

Caribbean gillnet ............................................................ 127 ............................ None documented in the most recent 5 years of data. 

DE River inshore gillnet ................................................. unknown .................... None documented in the most recent 5 years of data. 

Long Island Sound inshore gillnet ................................. unknown .................... None documented in the most recent 5 years of data. 

RI, southern MA (to Monomoy Island), and NY Bight 

(Raritan and Lower NY Bays) inshore gillnet.

unknown .................... None documented in the most recent 5 years of data. 

Southeast Atlantic inshore gillnet ................................... unknown .................... Bottlenose dolphin, Northern SC estuarine system. 

Trawl Fisheries: 

Atlantic shellfish bottom trawl ........................................ >58 ............................ None documented. 

Gulf of Mexico butterfish trawl ....................................... 2 ................................ Bottlenose dolphin, Northern GMX oceanic. 

Bottlenose dolphin, Northern GMX continental shelf. 

Gulf of Mexico mixed species trawl ............................... 20 .............................. None documented. 

GA cannonball jellyfish trawl .......................................... 1 ................................ Bottlenose dolphin, SC/GA coastal. 

Marine Aquaculture Fisheries: 

Finfish aquaculture ......................................................... 48 .............................. Harbor seal, WNA. 

Shellfish aquaculture ...................................................... unknown .................... None documented. 

Purse Seine Fisheries: 

Gulf of Maine Atlantic herring purse seine .................... >7 .............................. Harbor seal, WNA. 

Gulf of Maine menhaden purse seine ........................... >2 .............................. None documented. 

FL West Coast sardine purse seine .............................. 10 .............................. None documented. 

Longline/Hook and Line Fisheries: 

Northeast/Mid-Atlantic bottom longline/hook-and-line ... >1,207 ....................... None documented. 

Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish 

hook-and-line/harpoon.

2,846 ......................... Humpback whale, Gulf of Maine. 

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom 

longline/hook-and-line.

>5,000 ....................... Bottlenose dolphin, GMX continental shelf. 

Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line.39 .............................. Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, Northern GMX continental shelf. 

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon.680 ............................ None documented. 

U.S. Atlantic, Gulf of Mexico trotline .............................. unknown .................... Bottlenose dolphin, Galveston Bay, East Bay, Trinity Bay. 

Trap/Pot Fisheries: 

Caribbean mixed species trap/pot ................................. 154 ............................ Bottlenose dolphin, Puerto Rico and United States Virgin 

Islands. 

Caribbean spiny lobster trap/pot .................................... 40 .............................. None documented. 

FL spiny lobster trap/pot ................................................ 1,268 ......................... Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose 

dolphin, Central FL coastal. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, FL Bay. 

Bottlenose dolphin, FL Keys. 


lotter on DSK11XQN23PROD with RULES1
12278 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Gulf of Mexico blue crab trap/pot .................................. 4,113 ......................... Bottlenose dolphin, Barataria Bay. 

Bottlenose dolphin, Caloosahatchee River. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, GMX bay, sound, estuarine. 

Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Waccasassa Bay, Withlacoochee Bay, 

Crystal Bay. 

Bottlenose dolphin, Western GMX coastal. 

West Indian manatee, FL. 

Gulf of Mexico mixed species trap/pot .......................... unknown .................... None documented. 

Southeastern U.S. Atlantic, Gulf of Mexico golden crab 

trap/pot.

10 .............................. None documented. 

U.S. Mid-Atlantic eel trap/pot ......................................... unknown .................... None documented. 

Stop Seine/Weir/Pound Net/Floating Trap/Fyke Net Fisheries: 

Gulf of Maine herring and Atlantic mackerel stop seine/ 

weir.

>1 .............................. Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Minke whale, Canadian east coast. 

Atlantic white-sided dolphin, WNA. 

U.S. Mid-Atlantic crab stop seine/weir ........................... 2,600 ......................... None documented. 

RI floating trap ................................................................ 9 ................................ None documented. 

Northeast and Mid-Atlantic fyke net ............................... unknown .................... None documented. 

Dredge Fisheries: 

Gulf of Maine sea urchin dredge ................................... unknown .................... None documented. 

Gulf of Maine mussel dredge ......................................... unknown .................... None documented. 

Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ..... >403 .......................... None documented. 

Mid-Atlantic blue crab dredge ........................................ unknown .................... None documented. 

Mid-Atlantic soft-shell clam dredge ................................ unknown .................... None documented. 

Mid-Atlantic whelk dredge .............................................. unknown .................... None documented. 

U.S. Mid-Atlantic/Gulf of Mexico oyster dredge ............. 7,000 ......................... None documented. 

New England and Mid-Atlantic offshore surf clam/quahog dredge.unknown .................... None documented. 

Haul/Beach Seine Fisheries: 

Caribbean haul/beach seine .......................................... 38 .............................. West Indian manatee, Puerto Rico. 

Gulf of Mexico haul/beach seine ................................... unknown .................... None documented. 

Southeastern U.S. Atlantic haul/beach seine ................ 25 .............................. None documented. 

Dive, Hand/Mechanical Collection Fisheries: 

Atlantic Ocean, Gulf of Mexico, Caribbean shellfish 

dive, hand/mechanical collection.

20,000 ....................... None documented. 

Gulf of Maine urchin dive, hand/mechanical collection unknown .................... None documented. 

Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and 

Caribbean cast net.

unknown .................... None documented. 

Commercial Passenger Fishing Vessel (Charter Boat) Fisheries: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12279 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description Estimated number of 

vessels/persons 

Marine mammal species and/or stocks incidentally 

killed or injured 

Atlantic Ocean, Gulf of Mexico, Caribbean commercial 

passenger fishing vessel.

4,000 ......................... Bottlenose dolphin, Barataria Bay estuarine system. 

Bottlenose dolphin, Biscayne Bay estuarine. 

Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Charleston estuarine system. 

Bottlenose dolphin, Choctawhatchee Bay. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, FL Bay. 

Bottlenose dolphin, GMX bay, sound, estuarine. 

Bottlenose dolphin, Indian River Lagoon estuarine system. 

Bottlenose dolphin, Jacksonville estuarine system. 

Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Northern FL coastal. 

Bottlenose dolphin, Northern GA/Southern SC estuarine. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Northern migratory coastal. 

Bottlenose dolphin, Northern NC estuarine. 

Bottlenose dolphin, Southern migratory coastal. 

Bottlenose dolphin, Southern NC estuarine system. 

Bottlenose dolphin, SC/GA coastal. 

Bottlenose dolphin, Western GMX coastal. 

Short-finned pilot whale, WNA. 

List of Abbreviations and Symbols Used in table 2: DE—Delaware; FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX—

Gulf of Mexico; MA—Massachusetts; NC—North Carolina; NY—New York; RI—Rhode Island; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic; 1Fishery 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; 2Fishery classified by analogy; and 

* Fishery has an associated high seas component listed in table 3. 

TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS

Fishery description Number of 

HSFC permits 

Marine mammal species and/or stocks incidentally 

killed or injured 

Category I 

Longline Fisheries: 

Atlantic Highly Migratory Species * ...................................... 30 Atlantic spotted dolphin, WNA. 

Bottlenose dolphin, Northern GMX oceanic. 

Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA. 

Cuvier’s beaked whale, WNA. 

False killer whale, WNA. 

Killer whale, GMX oceanic. 

Kogia spp. whale (Pygmy or dwarf sperm whale), WNA. 

Long-finned pilot whale, WNA. 

Mesoplodon beaked whale, WNA. 

Minke whale, Canadian East coast. 

Pantropical spotted dolphin, WNA. 

Risso’s dolphin, GMX. 

Risso’s dolphin, WNA. 

Short-finned pilot whale, WNA. 

Western Pacific Pelagic (HI Deep-set component) * ∧ ......... 146 Bottlenose dolphin, HI Pelagic. 

False killer whale, HI Pelagic. 

Kogia spp. (Pygmy or dwarf sperm whale), HI. 

Risso’s dolphin, HI. 

Rough-toothed dolphin, HI. 

Short-finned pilot whale, HI. 

Category II 

Drift Gillnet Fisheries: 

Pacific Highly Migratory Species * ∧ ..................................... 2 Long-beaked common dolphin, CA. 

Humpback whale, CA/OR/WA. 

Northern right-whale dolphin, CA/OR/WA. 

Pacific white-sided dolphin, CA/OR/WA. 

Risso’s dolphin, CA/OR/WA. 

Short-beaked common dolphin, CA/OR/WA. 


lotter on DSK11XQN23PROD with RULES1
12280 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued 

Fishery description Number of 

HSFC permits 

Marine mammal species and/or stocks incidentally 

killed or injured 

Trawl Fisheries: 

CCAMLR .............................................................................. 0 Antarctic fur seal. 

Purse Seine Fisheries: 

Western and Central Pacific Ocean Tuna Purse Seine ...... 14 Bottlenose dolphin, unknown. 

Blue whale, unknown. 

Bryde’s whale, unknown. 

False killer whale, unknown. 

Fin whale, unknown. 

Indo-Pacific dolphin. 

Long-beaked common dolphin, unknown. 

Melon-headed whale, unknown. 

Minke whale, unknown. 

Pantropical spotted dolphin, unknown. 

Risso’s dolphin, unknown. 

Rough-toothed dolphin, unknown. 

Sei whale, unknown. 

Short-finned pilot whale, unknown. 

Sperm whale, unknown. 

Spinner dolphin, unknown. 

Western Pacific Pelagic ....................................................... 0 No information. 

Longline Fisheries: 

CCAMLR .............................................................................. 0 None documented. 

South Pacific Albacore Troll ................................................ 6 No information. 

Western Pacific Pelagic (HI Shallow-set component) * ∧ ..... 14 Bottlenose dolphin, HI Pelagic. 

False killer whale, HI Pelagic. 

Guadalupe fur seal. 

Risso’s dolphin, HI. 

Striped dolphin, HI. 

Handline/Pole and Line Fisheries: 

Atlantic Highly Migratory Species ........................................ 0 No information. 

Pacific Highly Migratory Species ......................................... 36 No information. 

South Pacific Albacore Troll ................................................ 1 No information. 

Western Pacific Pelagic ....................................................... 1 No information. 

Troll Fisheries: 

Atlantic Highly Migratory Species ........................................ 0 No information. 

South Pacific Albacore Troll ................................................ 23 No information. 

Western Pacific Pelagic ....................................................... 6 No information. 

Category III 

Longline Fisheries: 

Northwest Atlantic Bottom Longline .................................... 1 None documented. 

Pacific Highly Migratory Species ......................................... 119 None documented in the most recent 5 years of data. 

Purse Seine Fisheries: 

Pacific Highly Migratory Species * ∧ ..................................... 1 None documented. 

Trawl Fisheries: 

Northwest Atlantic ................................................................ 1 None documented. 

Troll Fisheries: 

Pacific Highly Migratory Species * ....................................... 95 None documented. 

List of Terms, Abbreviations, and Symbols Used in table 3: CA—California; GMX—Gulf of Mexico; HI—Hawaii; OR—Oregon; WA—Washington; WNA—Western North Atlantic; 

* Fishery is an extension/component of an existing fishery operating within U.S. waters listed in table 1 or 2. The number of permits listed in 

table 3 represents only the number of permits for the high seas component of the fishery; and ∧The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or 

stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal 

waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of 

the EEZ boundary. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these 

fisheries operating in U.S. waters. 

TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS

Take reduction plans Affected fisheries 

Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 Category I: 

Mid-Atlantic gillnet. 

Northeast/Mid-Atlantic American lobster and Jonah crab trap/pot. 

Northeast sink gillnet. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12281 

TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued 

Take reduction plans Affected fisheries 

Category II: 

Atlantic blue crab trap/pot. 

Atlantic mixed species trap/pot. 

MA mixed species trap/pot. 

Northeast drift gillnet. 

Southeast Atlantic gillnet. 

Southeastern U.S. Atlantic shark gillnet.* 

Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧

Bottlenose Dolphin Take Reduction Plan (BDTRP)—50 CFR 229.35 .... Category I: 

Mid-Atlantic gillnet. 

Category II: 

Atlantic blue crab trap/pot. 

Chesapeake Bay inshore gillnet fishery. 

Mid-Atlantic haul/beach seine. 

Mid-Atlantic menhaden purse seine. 

NC inshore gillnet. 

NC long haul seine. 

NC roe mullet stop net. 

Southeast Atlantic gillnet. 

Southeastern U.S. Atlantic shark gillnet. 

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl.∧

Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧

U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except 

the NC roe mullet stop net). 

VA pound net. 

False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37 .. Category I: 

HI deep-set longline. 

Category II: 

HI shallow-set longline. 

Harbor Porpoise Take Reduction Plan (HPTRP)—50 CFR 229.33 (New 

England) and 229.34 (Mid-Atlantic).

Category I: 

Mid-Atlantic gillnet. 

Northeast sink gillnet. 

Pelagic Longline Take Reduction Plan (PLTRP)—50 CFR 229.36 ......... Category I: 

Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline. 

Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR 

229.31.

Category II: 

CA thresher shark/swordfish drift gillnet (≥14 in mesh). 

Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................ Category II: 

Mid-Atlantic bottom trawl. 

Mid-Atlantic mid-water trawl (including pair trawl). 

Northeast bottom trawl. 

Northeast mid-water trawl (including pair trawl). 

List of Symbols Used in table 4: 

* Only applicable to the portion of the fishery operating in U.S. waters; and 

∧Only applicable to the portion of the fishery operating in the Atlantic Ocean 

Classification 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) at 

the proposed rule stage that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. No comments were received on 

that certification, and no new 

information has been discovered to 

change that conclusion. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

This rule contains existing collectionof-information (COI) requirements 

subject to the Paperwork Reduction Act 

but would not impose additional or new 

COI requirements. The COI for the 

registration of individuals under the 

MMPA has been approved by the Office 

of Management and Budget (OMB) 

under OMB Control Number 0648–0293 

(0.15 hours per report for new 

registrants). The requirement for 

reporting marine mammal mortalities or 

injuries has been approved by OMB 

under OMB Control Number 0648–0292 

(0.15 hours per report). These estimates 

include the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the COI. Send comments 

regarding these reporting burden 

estimates or any other aspect of the COI, 

including suggestions for reducing 

burden, to NMFS (see ADDRESSES). You 

may also submit comments on these or 

any other aspects of the collection of 

information at https://www.reginfo.gov/ 

public/do/PRAMain. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

COI, subject to the requirements of the 

Paperwork Reduction Act, unless that 

COI displays a currently valid OMB 

control number. 

This rule has been determined to be 

not significant for the purposes of 

Executive Orders 12866 and 13563. 

In accordance with the Companion 

Manual for NOAA Administrative Order 

(NAO) 216–6A, NMFS determined that 

the publication of this LOF qualifies to 

be categorically excluded from further 

NEPA review, consistent with categories 

of activities identified in Categorical 

Exclusion G7 (‘‘Preparation of policy 

directives, rules, regulations, and 

guidelines of an administrative, 

financial, legal, technical, or procedural 

nature, or for which the environmental 

effects are too broad, speculative or 

conjectural to lend themselves to 


lotter on DSK11XQN23PROD with RULES1
12282 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

meaningful analysis and will be subject 

later to the NEPA process, either 

collectively or on a case-by-case basis’’) 

of the Companion Manual and we have 

not identified any extraordinary 

circumstances listed in Chapter 4 of the 

Companion Manual for NAO 216–6A 

that would preclude application of this 

categorical exclusion. If NMFS takes a 

management action, for example, 

through the development of a TRP, 

NMFS would first prepare an 

Environmental Impact Statement or 

Environmental Assessment, as required 

under NEPA, specific to that action. 

This rule would not affect species 

listed as threatened or endangered 

under the ESA or their associated 

critical habitat. The impacts of 

numerous fisheries have been analyzed 

in various biological opinions, and this 

rule will not affect the conclusions of 

those opinions. The classification of 

fisheries on the LOF is not considered 

to be a management action that would 

adversely affect threatened or 

endangered species. If NMFS takes a 

management action, for example, 

through the development of a TRP, 

NMFS would consult under ESA section 

7 on that action. 

This rule would have no adverse 

impacts on marine mammals and may 

have a positive impact on marine 

mammals by improving knowledge of 

marine mammals and the fisheries 

interacting with marine mammals 

through information collected from 

observer programs, stranding and 

sighting data, or take reduction teams. 

This rule would not affect the land or 

water uses or natural resources of the 

coastal zone, as specified under section 

307 of the Coastal Zone Management 

Act. 

References 

Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. 

Cullins, D.J. McSweeney, E.M. Oelson, 

A.L. Bradford, J. Barlow, D.L. Webster. 

2014. False Killer Whales and Fisheries 

Interaction in Hawaiian Waters: 

Evidence for Sex Bias and Variation 

Among Populations and Social Groups. 

Marine Mammal Science 31(2): 579–590. 

Bradford, A.L., E.M. Oleson, R.W. Baird, C.H. 

Boggs, K.A. Forney, and N.C. Young. 

2015. Revised stock boundaries for false 

killer whales (Pseudorca crassidens) in 

Hawaiian waters. U.S. Department. 

Commerce, NOAA Technical 

Memorandum. NOAA–NMFS–PIFSC–47, 

29p. 

Carretta, J.W., E.M. Oleson, K.A. Forney, 

M.M. Muto, D.W. Weller, A.R. Lang, J. 

Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. 

Moore, and R.L. Brownell. 2023. U.S. 

Pacific Marine Mammal Stock 

Assessments: 2022. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS–SWFSC–684. 409 

p. 

Carretta, J.W., J. Greenman, K. Wilkinson, L. 

Saez, D. Lawson and J. Viezbicke. 2023a. 

Sources of Human-Related Injury and 

Mortality for U.S. Pacific West coast 

Marine Mammal Stock Assessments, 

2017–2021. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS–SWFSC–690. 225 

p. 

Carretta, J.W., E.M. Oleson, K.A. Forney, 

M.M. Muto, D.W. Weller, A.R. Lang, J. 

Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. 

Moore, and R.L. Brownell. 2022. U.S. 

Pacific Marine Mammal Stock 

Assessments: 2021. U.S. Department of 

Commerce, NOAA Technical 

Memorandum NMFS–SWFSC–663. 395 

p. 

Young, N.C, M.M. Muto, V.T. Helker, B.J. 

Delean, N.C. Young, J.C. Freed R.P. 

Angliss, N.A. Friday, P.L. Boveng, J.M. 

Breiwick, B.M. Brost, M.F. Cameron, P.J. 

Clapham, J.L. Crance, S.P. Dahle, M.E. 

Dahlheim, B.S. Fadely, M.C. Ferguson, 

L.W. Fritz, K.T. Goetz, R.C. Hobbs, Y.V. 

Ivashchenko, A.S. Kennedy, J.M. 

London, S.A. Mizroch, R.R. Ream, E.L. 

Richmond, K.E.W. Shelden, K.L. 

Sweeney, R.G. Towell, P.R. Wade, J.M. 

Waite, and Alexandre N. Zerbini. 2023. 

Alaska Marine Mammal Stock 

Assessments 2022. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS–AFSC–474, 316 p. 

Dated: February 9, 2024. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2024–03013 Filed 2–15–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 240212–0045] 

RIN 0648–BL70 

Magnuson-Stevens Act Provisions; 

Prohibition of Commercial Fishing in 

the Northeast Canyons and Seamounts 

Marine National Monument 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This action implements 

regulations for the Northeast Canyons 

and Seamounts Marine National 

Monument. This action is necessary to 

conform U.S. fishing regulations to be 

consistent with Presidential 

Proclamations 9496 and 10287, which 

prohibited commercial fishing in the 

Northeast Canyons and Seamounts 

Marine National Monument and 

directed the Secretaries of Commerce 

and Interior to promulgate regulations 

necessary for the proper care and 

management of the Monument. The 

measures herein are intended to define 

the boundary coordinates of the 

Monument area and clarify the 

prohibition on commercial fishing in 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) regulations. 

DATES: Effective March 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, 978–281–9184. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 15, 2016, the Northeast 

Canyons and Seamounts Marine 

Monument was designated in the waters 

of the North Atlantic (Presidential 

Proclamation 9496; 81 FR 65161, 

September 21, 2016), to include both a 

Canyons Unit and a Seamounts Unit. 

This Proclamation prohibited 

commercial fishing within the 

Monument, with a 7-year exemption for 

the American lobster and Atlantic deepsea red crab fisheries. In June 2020, 

Monument prohibitions were revised 

via Proclamation 10049 (85 FR 35793, 

June 11, 2020) removing commercial 

fishing from the list of prohibited 

activities set forth in the 2016 

Proclamation. Most recently, in October 

2021, Proclamation 10287 (86 FR 57349, 

October 15, 2021) restored commercial 

fishing to the list of prohibited 

activities, providing ‘‘for the prohibition 

of all commercial fishing in the 

Monument, except for red crab and 

American lobster commercial fishing, 

which may be permitted until 

September 15, 2023.’’ 

Approved Measures 

Consistent with Proclamation 10287 

(68 FR 57349, October 15, 2021) and the 

requirements of the Magnuson-Stevens 

Act, this action defines the boundary 

coordinates of the Monument area in the 

Magnuson-Stevens Act regulations at 50 

CFR 600.10. Tables 1 and 2 below 

include coordinates for the Canyons and 

Seamounts Units. 

TABLE 1—CANYONS UNIT

COORDINATES

Point N Latitude W Longitude 

1 ................... 40°31.62′ 68°16.08′ 

2 ................... 40°36.00′ 67°37.68′ 

3 ................... 40°12.42′ 67°34.68′ 

4 ................... 40°7.32′ 68°12.72′ 


lotter on DSK11XQN23PROD with RULES1