[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Proposed Rules]
[Pages 77789-77810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 240911-0235]
RIN 0648-BM91


Marine Mammal Protection Act List of Fisheries for 2025

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comment.

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SUMMARY: NMFS is publishing its proposed List of Fisheries (LOF) for 
2025, as required by the Marine Mammal Protection Act (MMPA). The 
proposed LOF for 2025 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 (M/SI) 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 regarding registration, observer coverage, and take reduction 
plan (TRP) requirements.

DATES: Comments must be received by October 24, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0037. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0037, by 
either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the

[[Page 77790]]

Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2024-0037 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
N/A in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected 
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; Jamie Marchetti 808-725-5108, 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 
M/SI 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 regarding registration, 
observer coverage, and TRP 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 M/SI for a 
particular stock. If the total annual M/SI 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 M/SI 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 fishery-specific M/SI for a particular 
stock.
    Category I: Annual M/SI of a stock in a given fishery is greater 
than or equal to 50 percent of the PBR level (i.e., frequent incidental 
M/SI of marine mammals).
    Category II: Annual M/SI 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 M/SI of marine mammals).
    Category III: Annual M/SI 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 M/SI 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). The superscript ``1'' in tables 1 and 2 identifies stocks 
whose incidental M/SI determines a fishery's higher classification.

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 Category 
II and III fisheries (50 CFR 229.2). In the absence of reliable 
information indicating the frequency of incidental M/SI of marine 
mammals by a commercial fishery, NMFS will determine the level of 
incidental mortality or serious injury 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.
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

How does NMFS determine which species or stocks are included as 
incidentally killed or injured in a fishery?

    The LOF includes a list of marine mammal species and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes serious 
and non-serious documented injuries as described below 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

[[Page 77791]]

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 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 2025 LOF generally 
summarizes data from 2017-2021. 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 
and resulting data 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 M/SI 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. 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 M/SI of marine mammals. Fishery information 
presented in the SARs' appendices and other resources referenced during 
the tier analysis may include the level of observer coverage, target 
species, levels of fishing effort, spatial and temporal distribution of 
fishing effort, characteristics of fishing gear and operations, 
management and regulations, and interactions with marine mammals. The 
SARs are available on the NMFS Office of Protected Resources website at 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Information on observer 
coverage levels in Category I, II, and III fisheries and detailed 
descriptions of each Category I and II fishery on the LOF can be found 
in the fishery fact sheets on the NMFS Office of Protected Resources' 
website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on 
observer programs in commercial fisheries can be found on the NMFS 
National Observer Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.

How do I find out if a specific fishery is in Category I, II, or III?

    The LOF includes three tables that list all U.S. commercial 
fisheries by Category. Table 1 lists all of the commercial fisheries in 
the Pacific Ocean (including Alaska), table 2 lists all of the 
commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean, and table 3 lists all U.S. authorized commercial fisheries 
on the high seas. A fourth table, table 4, lists all commercial 
fisheries managed under applicable TRPs or take reduction teams (TRT).

Are high seas fisheries included on the LOF?

    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. 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. 
For more information on how NMFS classifies high seas fisheries on the 
LOF, see the preamble text in the final 2009 LOF (73 FR 73032, December 
1, 2008). Additional information about HSFCA permits can be found at 
https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits.

Where can I find specific information on fisheries listed on the LOF?

    Starting with the 2010 LOF, NMFS developed summary documents or 
fishery fact sheets for each Category I and II fishery on the LOF. 
These fishery fact sheets provide the full history of each Category I 
and II fishery, including: (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/marine-mammal-protection-act-list-fisheries, linked to the ``List of 
Fisheries Summary'' table. NMFS is developing similar fishery fact 
sheets for each Category III fishery on the LOF. However, due to the 
large number of Category III fisheries on the LOF and the lack of 
accessible and detailed 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.

[[Page 77792]]

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 Greater Atlantic and Southeast Regions, 
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/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate. Printed copies can be mailed upon request by 
contacting <a href="/cdn-cgi/l/email-protection#6d03000b1e430a0c1f4300000c1d0e081f192d03020c0c430a021b"><span class="__cf_email__" data-cfemail="204e4d46530e4741520e4d4d415043455254604e4f41410e474f56">[email protected]</span></a> or 978-281-9120 in the Greater 
Atlantic Region or the MMAP Hotline at 727-209-5952 in the Southeast 
Region.
    Vessel or gear owners who participate in fisheries in these regions 
and have not received authorization certificates by the beginning of 
the calendar year or with renewed fishing licenses must contact the 
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT). 
Authorization certificates may also be obtained by visiting the MMAP 
website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.
    The authorization certificate or a copy (physical or electronic) 
must be on board the vessel while it is operating in a Category I or II 
fishery or for non-vessel fisheries, in the possession of the person in 
charge of the fishing operation (50 CFR 229.4(e)). Although efforts are 
made to limit the issuance of authorization certificates to only those 
vessel or gear owners that participate in Category I or II fisheries, 
not all State and Federal license or permit systems distinguish between 
fisheries as classified by the LOF. Therefore, some vessel or gear 
owners in Category III fisheries may receive authorization certificates 
even though they are not required for Category III fisheries.
    Individuals fishing in Category I and II fisheries for which no 
State or Federal license or permit is required must register with NMFS 
by contacting their appropriate Regional Office (see ADDRESSES).

Am I required to submit reports when I kill or injure a marine mammal 
during the course of commercial fishing operations?

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator or gear owner or operator (in the case of 
non-vessel fisheries) participating in a fishery listed on the LOF must 
report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (i.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/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION CONTACT). Forms may be submitted online using the 
electronic form, emailed as an attachment to <a href="/cdn-cgi/l/email-protection#6d03000b1e4300041f081d021f192d03020c0c430a021b"><span class="__cf_email__" data-cfemail="56383b3025783b3f243326392422163839373778313920">[email protected]</span></a>, 
faxed to the NMFS Office of Protected Resources at 301-713-0376, or 
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 LOF affected by TRPs and TRTs. TRP regulations 
are found at 50 CFR 229.30 through 229.37. A description of each TRT 
and copies of each TRP can be found at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams. It is the responsibility of fishery participants to comply 
with applicable take reduction regulations.

Where can I find more information about the LOF and the MMAP?

    Information regarding the LOF and the MMAP including registration 
procedures and forms, current and past LOFs, descriptions of each 
Category I and II fishery and some Category III fisheries, observer 
requirements, and marine mammal mortality/injury reporting forms and 
submittal procedures may be obtained at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries or from any NMFS Regional Office at the addresses listed 
below:
    NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic 
Drive, Gloucester, MA 01930-2298, Attn: 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;

[[Page 77793]]

    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 2025 LOF

    NMFS reviewed the marine mammal incidental M/SI 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 M/SI 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 (see 16 U.S.C. 1386(d)).
    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 Endangered Species Act (ESA) documents.
    The LOF for 2025 was based on, among other things, stranding data, 
fishermen self-reports, and SARs (primarily the draft 2023 SARs, which 
are based on data from 2017-2021). The SARs referenced in this LOF 
include 2022 (88 FR 54592, August 11, 2023) and 2023 (89 FR 5495, 
January 29, 2024). The SARs are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. We expect that the 2023 SARs will be 
finalized before the final 2025 LOF is published.

Summary of Changes to the LOF for 2025

    The following summarizes proposed changes to the LOF for 2025, 
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 proposes to add seven fisheries, remove one 
fishery and reclassify one fishery in the LOF for 2025. NMFS also 
proposes 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 2025 
are identical to those provided in the LOF for 2024, except for the 
changes discussed below. State and regional abbreviations used in the 
following paragraphs include AK (Alaska), CA (California), HI (Hawaii), 
MA (Massachusetts) OR (Oregon), and WA (Washington).

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS proposes to reclassify the Category I CA Dungeness crab pot 
fishery to a Category II fishery. The most recent estimate of annual M/
SI of the Central America/Southern Mexico-CA/OR/WA stock of humpback 
whales from 2017 through 2021 is 1.18, which is 33.8 percent of this 
stock's PBR of 3.5 (Carretta et al., 2023; Carretta et al., 2023a). 
Because the estimated M/SI is between 1 and 50 percent of the stock's 
PBR, NMFS proposes to reclassify the CA Dungeness crab pot fishery from 
a Category I to a Category II fishery.

Addition of Fisheries

    NMFS proposes to add the AK invertebrate aquaculture fishery as a 
Category III fishery. Operations occur statewide but are primarily in 
Southeast Alaska, Prince William Sound, and Kachemak Bay. Invertebrate 
aquaculture in Alaska is generally stationary aquatic farms for 
commercial production of oysters. Gear is stagnant in the water and 
generally occurs in shallow depths with an average aquatic farm depth 
15 feet. Invertebrate aquaculture is managed and permitted by the State 
of Alaska. There are 46 active permits for invertebrate aquaculture in 
Alaska.
    Marine invertebrate species cultivated include Pacific oyster 
(Magallana gigas), blue mussel (Mytilus trossulus), Arctic razor clam 
(Siliqua alta), Pacific razor clam (Siliqua patula), littleneck clam 
(Leukoma staminea), butter clam (Saxidomus giganteus), Pacific geoduck 
(Panopea abrupta), cockle species, scallop species, sea urchin species, 
King crab species, pinto abalone and red sea cucumber.
    Currently, the majority of invertebrate aquaculture farms in Alaska 
use stacked wire-mesh trays hanging from rafts or longlines with 
minimal horizontal lines on the surface. There are a number of 
different methods of invertebrate aquaculture, including onshore or 
floating hatcheries/nurseries, bottom planting, on-bottom culture, and 
suspended culture. Each of these methods may employ a variety of gear 
types and materials.
    Bottom planting methods involve seeding the substrate with larvae. 
These ``clam beds'' are often protected from predators and 
environmental stressors by mesh netting, PVC tubes, or other materials. 
Harvest methods may include hand collection, raking, and use of divers 
and water jets.
    On-bottom culture methods generally use cages, racks, or bags 
attached to the substrate in shallow waters. Suspended culture methods 
are used in shallow and deeper waters and generally employ racks, 
cages, nets, and/or bags attached to longlines or floating rafts that 
are anchored to the substrate. Harvests of on-bottom and suspended 
methods may be manual or mechanically assisted (e.g., cranes or winches 
attached to work skiffs or barges).
    Commercial invertebrate aquaculture has been permitted by the State 
of Alaska since the 1980s, and there are no known marine mammal M/SI 
incidental to invertebrate aquaculture in Alaska. Therefore, no marine 
mammal species/stocks are identified in table 1. Marine mammal species/
stocks will be added to the list if incidental mortalities or injuries 
are documented in this fishery.
    NMFS proposes to add the AK macroalgae aquaculture fishery as a 
Category III fishery. Operations occur statewide but are primarily in 
Southeast Alaska, Prince William Sound, and Kachemak Bay. Macroalgae 
aquaculture gear is stagnant in the water and generally occurs in 
shallow depths with an average aquatic farm depth 15 feet. Macroalgae 
aquaculture is managed and permitted by the State of Alaska. There are 
39 active permits for macroalgae aquaculture in Alaska.
    Species cultivated are species native to Alaska, including bull 
kelp, giant kelp, red ribbon-dulse ribbon kelp, black seaweed-nori, 
sugar kelp, dragon kelp, sea lettuce, three-ribbed kelp, and seagrass 
laver.
    Gear used for macroalgae production varies depending on the species 
cultured, scale of operations, environmental conditions, cost of gear, 
maintenance requirements, and harvest strategy. Production can be as 
small as a single line with an anchor on bottom and a buoy on top or as 
complex as industrial longline production systems. Most macroalgae is 
grown close to shore in shallow waters and close to the surface for 
sufficient sunlight for photosynthesis. The primary methods

[[Page 77794]]

are longlines, grid/array systems, and raft/net systems.
    Commercial macroalgae aquaculture has been permitted by the State 
of Alaska since 2016, and there are no known marine mammal M/SI 
incidental to macroalgae aquaculture in Alaska. In addition, University 
of Alaska Southeast (UAS) and the University of Alaska Fairbanks (UAF) 
provided comments on the proposed LOF for 2024 (88 FR 62748, September 
13, 2023) in response to NMFS' request for public input on aquaculture 
fishery descriptions. UAS and UAF have ongoing aquaculture research, 
including longline kelp installments near Juneau, Alaska. They both 
provided their observations of marine mammals near their aquaculture 
research locations. UAS and UAF commented that there are reports of 
marine mammals near the longline kelp gear but no entanglements or 
known physical interactions have occurred. Therefore, no marine mammal 
species/stocks are identified in table 1. Marine mammal species/stocks 
will be added to the list if incidental mortalities or injuries are 
documented in this fishery.

Fishery Name and Organizational Changes and Clarifications

    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stocks of humpback whale to indicate that M/SI 
of the stock is determining the Category II classification of the CA 
thresher shark/swordfish drift gillnet (>=14 inch (in) mesh) fishery. 
NMFS also proposes to remove the superscript ``1'' from the CA/OR/WA 
stock of sperm whale to indicate that M/SI of the stock is no longer 
determining in the Category II classification of the CA thresher shark/
swordfish drift gillnet (>=14 in mesh) fishery.
    NMFS proposes to add the superscript ``1'' to the Eastern North 
Pacific stock of blue whale to indicate that M/SI of the stock is 
determining the Category II classification of the CA Dungeness crab pot 
fishery.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (table 1) as follows:
Category II
    <bullet> CA Dungeness crab pot fishery from 471 to 469 vessels/
persons;
    <bullet> CA halibut/white seabass and other species set gillnet 
(>3.5 in mesh) fishery from 39 to 41 vessels/persons;
    <bullet> CA yellowtail, barracuda, and white seabass drift gillnet 
(mesh size >=3.5 in and <14 in) fishery from 20 to eight 8 vessels/
persons;
    <bullet> CA spiny lobster fishery from 189 to 174 vessels/persons;
    <bullet> CA spot prawn pot fishery from 22 to 20 vessels/persons;
    <bullet> OR Dungeness crab pot fishery from 323 to 352 vessels/
persons;
    <bullet> WA/OR/CA sablefish pot fishery from 144 to 133 vessels/
persons;
    <bullet> HI shallow-set longline fishery from 14 to 17 vessels/
persons;
    <bullet> American Samoa longline fishery from 11 to 9 vessels/
persons;
    <bullet> HI shortline fishery from 8 to 11 vessels/persons;
Category III
    <bullet> CA herring set gillnet fishery from 11 to 9 vessels/
persons;
    <bullet> WA Grays Harbor salmon drift gillnet (excluding treaty 
Tribal fishing) fishery from 19 to 20 vessels/persons;
    <bullet> WA/OR Mainstem Columbia River eulachon gillnet fishery 
from 10 to 8 vessels/persons;
    <bullet> WA/OR lower Columbia River (includes tributaries) drift 
net fishery from 244 to 207 vessels/persons;
    <bullet> WA Willapa Bay drift gillnet fishery from 57 to 47 
vessels/persons;
    <bullet> WA/OR sardine purse seine fishery from six to zero 
vessels/persons;
    <bullet> CA anchovy, mackerel, sardine purse seine fishery from 53 
to 56 vessels/persons;
    <bullet> WA/OR Lower Columbia River salmon seine fishery from one 
to zero vessels/persons;
    <bullet> WA/OR herring, anchovy, smelt, squid purse seine or 
lampara fishery from 41 to 48 vessels/persons;
    <bullet> HI lift net fishery from 14 to 13 vessels/persons;
    <bullet> HI throw net, cast net fishery from 13 to 12 vessels/
persons;
    <bullet> WA/OR/CA albacore surface hook and line/troll fishery from 
556 to 538 vessels/persons;
    <bullet> CA halibut, white seabass, and yellowtail hook and line/
handline fishery from 388 435 vessels/persons;
    <bullet> American Samoa tuna troll fishery from six to five 
vessels/persons;
    <bullet> CA/OR/WA salmon troll fishery from 1,030 to 808 vessels/
persons;
    <bullet> HI troll fishery from 1,124 to 1,186 vessels/persons;
    <bullet> HI rod and reel fishery from 235 to 208 vessels/persons;
    <bullet> Guam tuna troll fishery from 450 to 546 vessels/persons;
    <bullet> WA/OR/CA groundfish, bottomfish longline/set line fishery 
from 314 to 296 vessels/persons;
    <bullet> HI kaka line fishery from 17 to 12 vessels/persons;
    <bullet> HI vertical line fishery from six to less than three 
vessels/persons;
    <bullet> CA sea cucumber trawl fishery from 11 to 9 vessels/
persons;
    <bullet> WA/OR/CA shrimp trawl fishery from 130 to 114 vessels/
persons;
    <bullet> WA/OR/CA groundfish trawl fishery from 118 to 104 vessels/
persons;
    <bullet> CA Tanner crab pot fishery from one to two vessels/
persons;
    <bullet> WA/OR/CA hagfish pot fishery from 63 to 57 vessels/
persons;
    <bullet> WA Puget Sound Dungeness crab pot/trap fishery from 145 to 
139 vessels/persons;
    <bullet> HI fish trap fishery from four to less than three vessels/
persons;
    <bullet> HI crab net fishery from four to less than three vessels/
persons;
    <bullet> HI Kona crab loop net fishery from 13 to 17 vessels/
persons;
    <bullet> American Samoa bottomfish fishery from 44 to 87 vessels/
persons;
    <bullet> Commonwealth of the Northern Mariana Islands bottomfish 
fishery from seven to three vessels/persons;
    <bullet> Guam bottomfish fishery from 63 to 93 vessels/persons;
    <bullet> HI bottomfish handline fishery from 392 to 299 vessels/
persons;
    <bullet> HI pelagic handline fishery from 271 to 382 vessels/
persons;
    <bullet> CA/OR/WA dive collection fishery from 186 to 157 vessels/
persons;
    <bullet> HI black coral diving fishery from none recorded to less 
than three;
    <bullet> HI handpick fishery from 25 to 24 vessels/persons;
    <bullet> HI lobster diving fishery from 12 to 8 vessels/persons;
    <bullet> HI spearfishing fishery from 67 to 58 vessels/persons;
    <bullet> WA/OR/CA hand/mechanical collection fishery from 320 to 
258 vessels/persons;
    <bullet> CA nearshore finfish trap fishery from 42 to 43 vessels/
persons, and
    <bullet> HI aquarium collecting fishery from none recorded to 12.

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

    NMFS proposes to correct an administrative error in table 1. Based 
on public comment, NMFS added 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 in the final 2024 LOF 
(89 FR 12257, February 16, 2024) based on a 2021 humpback whale 
entanglement (Carretta et al., 2023a). Upon further review of the 
entanglement report, NMFS determined the 2021 humpback whale 
entanglement was not a confirmed entanglement. Because the entanglement 
was not confirmed, following NMFS' Process for Distinguishing Serious 
from Non-

[[Page 77795]]

Serious Injury of Marine Mammals an injury determination was not 
conducted for this event (NMFS, 2023). Therefore, NMFS proposes to 
remove the Central America/Southern Mexico-CA/OR/WA and Mainland 
Mexico-CA/OR/WA stocks of humpback whale from the list of species/
stocks incidentally killed or injured in the Category III WA/OR/CA 
groundfish/finfish hook and line fishery.
    NMFS proposes to add the North Pacific stock of fin whale to the 
list of species/stocks incidentally killed or injured in the Category 
II AK Bering Sea, Aleutian Islands pollock trawl fishery based on a 
self-reported mortality in 2019 (Freed et al., 2023).
    NMFS proposes to add the CA/OR/WA stock of minke whale to the list 
of species/stocks incidentally killed or injured in the Category II OR 
Dungeness crab pot fishery. In 2021, a minke whale was reported 
entangled in OR Dungeness crab pot gear off the coast of San Diego, CA, 
with line bridled through the mouth and trailing buoys (Carretta et 
al., 2023a).
    NMFS proposes to add the unknown stock of beaked whale to the list 
of species/stocks incidentally killed or injured in the Category II HI 
shallow-set longline fishery based on an observed serious injury in 
2021 (McCracken and Cooper 2022).
    NMFS proposes to add the Beringia stock of bearded seal to the list 
of species/stocks incidentally killed or injured in the Category III AK 
Bering Sea, Aleutian Islands Pacific cod longline fishery based on an 
observed mortality in 2021 (Freed et al., 2023).
    NMFS proposes to remove the Bering Sea stock of harbor porpoise and 
the Western North Pacific stock of humpback whale from the list of 
species/stocks incidentally killed or injured in the Category II AK 
Bering Sea, Aleutian Islands flatfish trawl fishery. This fishery has 
100 percent observer coverage, and from 2016-2021 there have been no 
reported or observed M/SI of these two stocks in the AK Bering Sea, 
Aleutian Islands flatfish trawl fishery (Freed et al., 2023 and Young 
et al., 2023).
    NMFS proposes to remove the Alaska stock of bearded seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Bering Sea, Aleutian Islands Pacific cod trawl fishery. Observer 
coverage for this fishery is between 67 and 80 percent, and from 2014-
2021 there have been no reported or observed M/SI of this stock in the 
AK Bering Sea, Aleutian Islands Pacific cod trawl fishery (Freed et 
al., 2023).
    NMFS proposes to remove the Western U.S. stock of Steller sea lion 
from the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska Pacific cod trawl fishery. Observer 
coverage for this fishery is between 11 and 100 percent, and from 2017-
2021 there have been no reported or observed M/SI of this stock in the 
AK Gulf of Alaska Pacific cod trawl fishery (Young et al., In press). 
The list of species/stocks incidentally killed or injured in this 
fishery is updated to state that none have been documented in the most 
recent 5 years of data.
    NMFS proposes to remove the Western U.S. stock of Steller sea lion 
from the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska rockfish trawl fishery. Observer 
coverage for this fishery is between 93 and 98 percent, and from 2017-
2021 there have been no reported or observed M/SI of this stock in the 
AK Gulf of Alaska rockfish trawl fishery (Young et al., In press). The 
list of species/stocks incidentally killed or injured in this fishery 
is proposed to be updated to state that none have been documented in 
the most recent 5 years of data.
    NMFS proposes to remove the Western U.S. stock of Steller sea lion 
from the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska Pacific cod longline fishery. Observer 
coverage for this fishery is between 0 and 39 percent, and from 2017-
2021, there have been no reported or observed M/SI of this stock in the 
AK Gulf of Alaska Pacific cod longline fishery (Young et al., In 
press).

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

Addition of Fisheries

    NMFS received comments on the proposed LOF for 2024 (88 FR 62748, 
September 13, 2023) in response to NMFS' request for public input on 
aquaculture fishery descriptions. NMFS reviewed and considered the 
public submission of the publication Bath et al., 2023 when proposing 
the addition and associated classification of the four aquaculture 
fisheries described below.
    The regulatory definition of a Category II fishery (50 CFR 229.2) 
provides for NMFS to evaluate factors such as fishing techniques, gear 
used, methods used to deter marine mammals, target species, seasons and 
areas fished, qualitative data from logbooks or fisher reports, 
stranding data, and the species and distribution of marine mammals in 
the area when there is no reliable information on the frequency of 
incidental M/SI in a given fishery. In the absence of reliable 
information on incidental M/SI, NMFS proposes to classify the 
aquaculture rafts fishery, bottom culture (trays/cages) with buoys 
fishery, and longline aquaculture as Category II fisheries based on 
analogy to other Category II fisheries that use vertical buoy lines. 
Vertical buoy lines pose a known entanglement risk for large whales 
that can result in mortality and serious injury. Additional information 
for the aquaculture rafts fishery, bottom culture (trays/cages) with 
buoys fishery and longline aquaculture are provided below.
    NMFS proposes to add the aquaculture rafts fishery as a Category II 
fishery (50 CFR 229.2) and proposes to add the superscript ``2'' to 
indicate this fishery is classified by analogy. This fishery operates 
in Maine State waters and harvests mussels. Gear consists of a steel 
beam frame with wooden crossbeams supporting vertical lines with 
floats. This fishery has less than 15 active permits.
    There is no information on marine mammal M/SI incidental to this 
fishery. Therefore, no marine mammal species/stocks are identified in 
table 2. Marine mammal species/stocks will be added to the list if 
incidental mortalities or injuries are documented in this fishery.
    NMFS proposes to add the bottom culture (trays/cages) with buoys 
fishery as a Category II fishery (50 CFR 229.2) and proposes to add the 
superscript ``2'' to indicate this fishery is classified by analogy. 
This fishery operates in the Atlantic from Maine through Florida. Gear 
consists of a cage resting on the seafloor to seed or further grow out 
shellfish. The cages are attached with a vertical line to a floating 
buoy on the surface; vertical buoy lines present a known risk of 
entanglement of large whales in many other fisheries. Harvest species 
in this fishery include mussels, oysters and other shellfish. The 
number of participants in this fishery is unknown.
    There is no information on marine mammal M/SI incidental to this 
fishery. Therefore, no marine mammal species/stocks are identified in 
table 2. Marine mammal species/stocks will be added to the list if 
incidental mortalities or injuries are documented in this fishery.
    NMFS proposes to add the longline aquaculture fishery as a Category 
II fishery (50 CFR 229.2) and proposes to add the superscript ``2'' to 
indicate this fishery is classified by analogy. This fishery operates 
in the Atlantic from Maine through Florida. Gear consists of a main 
horizontal longline that is moored, anchored or supported by

[[Page 77796]]

poles. From this line extend any of the following: (1) bags or cages 
that are supported by floats/buoys (suspended floating gear), (2) 
vertical lines with bags or cages usually hung in horizontal rows at 
the surface (suspended gear), and (3) a series of vertically aligned 
nets or compartments (e.g. lantern/pearl nets). These three gear types 
contain shellfish seed. The fourth gear configuration has target 
species hung directly from the lines or seeded/grown on vertical 
hanging lines (drop or continuous). Any of these arrangements could use 
vertical buoys to support the horizontal longline. Harvest species in 
this fishery include oysters, scallops, mussels and macroalgae. The 
number of participants in this fishery is unknown.
    There is no information on marine mammal M/SI incidental to this 
fishery. Therefore, no marine mammal species/stocks are identified in 
table 2. Marine mammal species/stocks will be added to the list if 
incidental mortalities or injuries are documented in this fishery.
    NMFS proposes to add the on-bottom/off-bottom culture (trays/cages) 
fishery without buoys as a Category III fishery. This fishery operates 
in the Atlantic from Maine through Florida. Gear consists of the 
following: (1) mesh bags, stacked mesh bags, or cages containing 
shellfish seed placed directly on the seafloor that require mesh 
predator netting (of a variety of sizes) used as a deterrent; (2) stiff 
plastic mesh bags or trays resting above the seafloor on racks (a rigid 
table-like frame) to seed or further grow out shellfish; and (3) shell 
on bottom, whereby shellfish are grown in natural conditions with no 
containment. Harvest species in this fishery include oysters and 
shellfish. The number of participants in this fishery is unknown.
    There is no information on marine mammal M/SI incidental to this 
fishery. Therefore, no marine mammal species/stocks are identified in 
table 2. Marine mammal species/stocks will be added to the list if 
incidental mortalities or injuries are documented in this fishery. This 
fishery is proposed as a Category III fishery because it has a remote 
likelihood of risk to marine mammals given the gear used (i.e., lack of 
loose or vertical lines, which have been implicated in documented 
entanglement cases (Bath et al., 2023)).
    NMFS proposes to add the Massachusetts green crab pot fishery as a 
Category III fishery. This fishery is managed by the State of 
Massachusetts. It operates entirely in shallow (4 to 15 feet), inshore 
Massachusetts State waters in estuaries, harbors, tidal creeks and salt 
marshes from April to November and targets green crab (Carcinus 
maenas). This fishery uses wire, mesh pots that are discernible from 
other crab pot gear because the pots have a top entry design and are 
often homemade. Because the green crab is an invasive species, permits 
are not required to participate in the fishery; however, letters of 
authorization are currently issued to 78 commercial participants.
    This fishery has been operating and regulated in MA for over 60 
years (Annotated Laws of Massachusetts, GL ch. 130, section 37A, 2024) 
and there are no documented marine mammal M/SI incidental to this 
fishery. Therefore, NMFS proposes to classify the Massachusetts green 
crab pot fishery as a Category III fishery and no marine mammal 
species/stocks are identified in table 2. Marine mammal species/stocks 
will be added to the list if incidental mortalities or injuries are 
documented in this fishery.

Fishery Name and Organizational Changes and Clarifications

    NMFS proposes to revise the fishery description, distribution and 
name for the Category III finfish aquaculture fishery. This fishery 
operates in Maine State waters and harvests salmon species. The fishery 
uses net pens with rigid, circular or polygonal frames that provide 
overall stability and support for the netting that contains the target 
species. A net pen can be fixed at the surface or lowered/raised in the 
water column. Vertical mooring lines are used to attach the net pens to 
the seafloor. This fishery has approximately 25 active permits. NMFS 
proposes to revise the name of the Category III finfish aquaculture 
fishery to the Category III net pen aquaculture fishery to clarify the 
gear type used in this fishery.
    NMFS proposes to add the superscript ``1'' to the Gulf of Maine 
stock of humpback whale to indicate that M/SI of the stock is 
determining the Category II classification of the Chesapeake Bay 
inshore gillnet fishery.
    NMFS proposes to add the superscript ``1'' to the Western North 
Atlantic stock of common dolphin to indicate that M/Si of the stock is 
determining the Category II classification of the Northeast bottom 
trawl fishery. NMFS also proposes to remove the superscript ``1'' from 
the Western North Atlantic stock of Risso's dolphin to indicate that M/
SI of the stock is no longer determining the Category II classification 
of the Northeast bottom trawl fishery.
    NMFS proposes to add the superscript ``1'' to the Gulf of Maine 
stock of humpback whale to indicate that M/SI of the stock is 
determining the Category II classification of the MA mixed species 
trap/pot fishery.

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

    NMFS proposes to add the Gulf of Maine, Bay of Fundy stock of 
harbor porpoise to the list of species/stocks incidentally killed or 
injured in the Category I Northeast/mid-Atlantic American lobster and 
Jonah crab trap/pot fishery based on a self-reported mortality in 2023.
    NMFS proposes to add the Gulf of Maine stock of humpback whale and 
Canadian East Coast stock of minke whale to the list of species/stocks 
incidentally killed or injured in the Category II Chesapeake Bay 
inshore gillnet fishery. In January 2020, a dead humpback whale was 
reported in Virginia heavily entangled in gillnet gear (Henry et al., 
2022). Also in February 2020, a minke whale was reported in Virginia 
entangled in gillnet gear resulting in a mortality (Hayes et al., In 
press).
    NMFS proposes to add the Western North Atlantic stock of white-
sided dolphin to the list of species/stocks incidentally killed or 
injured in the Category II mid-Atlantic mid-water trawl (including pair 
trawl) fishery based on a self-reported mortality in 2020.
    NMFS proposes to add the Western North Atlantic stock of 
Globicephala spp. (long-finned or short-finned pilot whale) to the list 
of species/stocks incidentally killed or injured in the Category II 
mid-Atlantic bottom trawl fishery based on an observed injury in 2021 
(Josephson and Lyssikatos 2023).
    NMFS proposes to add the Northern Georgia/Southern South Carolina 
estuarine system stock of bottlenose dolphin to the list of species/
stocks incidentally killed or injured in the Category II Southeastern 
U.S. Atlantic, Gulf of Mexico shrimp trawl fishery based on a self-
reported injury in 2023.
    NMFS proposes to add the Gulf of Maine stock of humpback whale to 
the list of species/stocks incidentally killed or injured in the 
Category II MA mixed species trap/pot fishery. In June 2020, a humpback 
whale was reported entangled off Chatham, MA. The whale was partially 
disentangled and determined to be a prorated (0.75) serious injury 
(Henry et al., 2022).
    NMFS proposes to remove the Western North Atlantic stock of hooded 
seal from the list of species/stocks incidentally killed or injured in 
the Category I mid-Atlantic gillnet fishery. This fishery was observed 
between 1

[[Page 77797]]

and 13 percent; from 2017-2021, there have been no reported or observed 
M/SI of this stock in this fishery.
    NMFS proposes to remove six stocks from the list of species/stocks 
incidentally killed or injured in the Category I Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline fishery. The six 
stocks are (1) Western North Atlantic stock of false killer whale; (2) 
Gulf of Maine, Bay of Fundy stock of harbor porpoise; (3) Canadian East 
coast stock of minke whale; (4) Gulf of Mexico stock of pygmy sperm 
whale; (5) Northern Gulf of Mexico stock of Risso's dolphin; and (6) 
Northern Gulf of Mexico stock of sperm whale. This fishery was observed 
between 8.7 and 13.3 percent; from 2017-2021, there have been no 
reported or observed M/SI of these stocks in this fishery (Hayes et 
al., In press; Garrison and Stokes 2023).
    NMFS proposes to remove the Western North Atlantic stock of short-
finned pilot whale from the list of species/stocks incidentally killed 
or injured in the Category III Atlantic Ocean, Gulf of Mexico, 
Caribbean commercial passenger fishing vessel fishery. From 2017-2021, 
there have been no reported or observed M/SI of these stocks in this 
fishery (Hayes et al., In press).

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits for high seas 
fisheries (table 3) as follows:
Category I
    <bullet> Atlantic Highly Migratory Species longline fishery from 30 
to 35 HSFCA permits;
Category II
    <bullet> South Pacific albacore troll longline fishery from six to 
five HSFCA permits;
    <bullet> Western Pacific Pelagic (HI Shallow-set component) fishery 
from 14 to 17 HSFCA permits;
    <bullet> Pacific highly migratory species handline/pole and line 
fishery from 36 to 39 HSFCA permits;
    <bullet> South Pacific albacore troll handline/pole and line 
fishery from one to two HSFCA permits;
    <bullet> South Pacific albacore troll fishery from 23 to 24 HSFCA 
permits;
Category III
    <bullet> Northwest Atlantic bottom longline fishery from one to 
zero HSFCA permits;
    <bullet> Pacific highly migratory species longline fishery from 119 
to 104 HSFCA permits;
    <bullet> Northwest Atlantic trawl fishery from one to zero HSFCA 
permits; and
    <bullet> Pacific highly migratory species troll fishery from 95 to 
98 HSFCA permits.

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

    NMFS proposes to update the humpback whale stocks on the list of 
species/stocks incidentally killed or injured in the Category II 
Pacific highly migratory species drift gillnet fishery from humpback 
whale, CA/OR/WA to humpback whale, Central America/Southern Mexico-CA/
OR/WA and humpback whale, Mainland Mexico-CA/OR/WA stock based on the 
revised stock structures in the 2022 SAR (Carretta et al., 2023).
    NMFS proposes to add the unknown stock of beaked whale to the list 
of species/stocks incidentally killed or injured in the Category II 
Western Pacific Pelagic longline fishery (HI shallow-set component) 
based on an observed serious injury in 2021 (McCracken and Cooper, 
2022). As noted in table 3, the list of marine mammal species and/or 
stocks killed or injured in this fishery is identical to the list of 
marine mammal species and/or stocks killed or injured in the U.S. 
waters component of the fishery minus species and/or stocks that have 
geographic ranges exclusively in coastal waters.

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska); table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean; table 3 lists commercial 
fisheries on the high seas; and table 4 lists fisheries affected by 
TRPs or TRTs.
    In tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort. For example, the State of Hawaii does not 
issue fishery-specific licenses, and the number of participants 
reported in the LOF represents the number of commercial marine license 
holders who reported using a particular fishing gear type/method at 
least once in a given year without considering how many times the gear 
was used. For these fisheries, effort by a single participant is 
counted the same whether the fisherman used the gear only once or every 
day. In the Mid-Atlantic and New England fisheries, the numbers 
represent the potential effort for each fishery, given the multiple 
gear types for which several State permits may allow. Changes made to 
Mid-Atlantic and New England fishery participants will not affect 
observer coverage or bycatch estimates as observer coverage and bycatch 
estimates are based on vessel trip reports and landings data. Tables 1 
and 2 serve to provide a description of the fishery's potential effort 
(State and Federal). If NMFS is able to gather more accurate 
information on the gear types used by State permit holders in the 
future, the numbers will be updated to reflect this change. For 
additional information on fishing effort in fisheries found on table 1 
or 2, contact the relevant regional office (contact 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 2021. 
This list includes all species and/or stocks known to be killed

[[Page 77798]]

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 which species/stocks for which M/SI 
are determining 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 M/SI of marine mammals or 
fisheries that did not result in a M/SI 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 M/SI 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 
Category II and III fisheries 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
------------------------------------------------------------------------
                                                         Marine mammal
                                                        species and/or
       Fishery description         Estimated number         stocks
                                  of vessels/persons     incidentally
                                                       killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *        146...............  Bottlenose
     [supcaret].                                       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     474...............  Dall's porpoise,
     gillnet.                                          AK.
                                                      Harbor porpoise,
                                                       northern
                                                       Southeast Alaska
                                                       inland waters.
                                                      Harbor porpoise,
                                                       southern
                                                       Southeast Alaska
                                                       inland waters.\1\
                                                      Harbor seal,
                                                       Southeast AK.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Pacific white-
                                                       sided dolphin,
                                                       North Pacific.
                                                      Steller sea lion,
                                                       Eastern U.S.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/swordfish   21................  Bottlenose
     drift gillnet (>=14 in                            dolphin, CA/OR/WA
     mesh) *.                                          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.\1\
                                                      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.
    CA halibut/white seabass and  41................  California sea
     other species set gillnet                         lion, U.S.
     (>3.5 in mesh).
                                                      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,     8.................  California sea
     and white seabass drift                           lion, U.S.
     gillnet (mesh size >=3.5 in
     and <14 in) \2\.
                                                      Long-beaked common
                                                       dolphin, CA.
                                                      Short-beaked
                                                       common dolphin,
                                                       CA/OR/WA.
    AK Bristol Bay salmon drift   1,521.............  Beluga whale,
     gillnet \2\.                                      Bristol Bay.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal,
                                                       Bristol Bay.

[[Page 77799]]

 
                                                      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     855...............  Beluga whale,
     gillnet \2\.                                      Bristol Bay.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      Northern fur seal,
                                                       Eastern Pacific.
                                                      Spotted seal,
                                                       Bering.
    AK Kodiak salmon set gillnet  128...............  Harbor porpoise,
                                                       GOA.\1\
                                                      Harbor seal, GOA.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      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      479...............  Beluga whale, Cook
     gillnet \2\.                                      Inlet.
                                                      Dall's porpoise,
                                                       AK.
                                                      Harbor porpoise,
                                                       GOA.
                                                      Harbor seal, Cook
                                                       Inlet/Shelikof
                                                       Strait.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Northern sea
                                                       otter,
                                                       Southcentral AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Cook Inlet salmon drift    355...............  Beluga whale, Cook
     gillnet.                                          Inlet.
                                                      Dall's porpoise,
                                                       AK.
                                                      Harbor porpoise,
                                                       GOA.\1\
                                                      Harbor seal, GOA.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Peninsula/Aleutian         148...............  Dall's porpoise,
     Islands salmon drift                              AK.
     gillnet \2\.
                                                      Harbor porpoise,
                                                       GOA.
                                                      Harbor seal, GOA.
                                                      Northern fur seal,
                                                       Eastern Pacific.
    AK Peninsula/Aleutian         75................  Harbor porpoise,
     Islands salmon set gillnet                        Bering Sea.
     \2\.
                                                      Northern sea
                                                       otter, Southwest
                                                       AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Prince William Sound       483...............  Dall's porpoise,
     salmon drift gillnet.                             AK.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor porpoise,
                                                       GOA.\1\
                                                      Harbor seal,
                                                       Prince William
                                                       Sound.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      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         95................  Gray whale,
     gillnet.                                          Eastern North
                                                       Pacific.
                                                      Harbor Porpoise,
                                                       Yakutat/Southeast
                                                       Alaska offshore
                                                       waters.\1\
                                                      Harbor seal,
                                                       Southeast AK.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    WA Puget Sound Region salmon  136...............  Dall's porpoise,
     drift gillnet (includes all                       CA/OR/WA.
     inland waters south of US-
     Canada border and eastward
     of the Bonilla-Tatoosh line-
     Treaty Indian fishing is
     excluded).
                                                      Harbor porpoise,
                                                       inland WA.\1\
                                                      Harbor seal, WA
                                                       inland.
Trawl Fisheries:
    AK Bering Sea, Aleutian       29................  Bearded seal,
     Islands flatfish trawl.                           Beringia.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      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       116...............  Bearded seal,
     Islands pollock trawl.                            Beringia.
                                                      Fin whale, North
                                                       Pacific.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      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 Dungeness crab pot.......  469...............  Blue whale,
                                                       Eastern North
                                                       Pacific.\1\

[[Page 77800]]

 
                                                      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.
    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............  174...............  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.
    CA spot prawn pot...........  20................  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.......  352...............  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
                                                      Minke whale, CA/OR/
                                                       WA.
    WA/OR/CA sablefish pot......  133...............  Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.\1\
    WA coastal Dungeness crab     204...............  Gray whale,
     pot.                                              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   177...............  Northern elephant
     longline.                                         seal, California
                                                       breeding.
                                                      Sperm whale, North
                                                       Pacific.\1\
                                                      Steller sea lion,
                                                       Eastern U.S.
                                                      Steller sea lion,
                                                       Western U.S.
    HI shallow-set longline *     17................  Beaked whale,
     [supcaret].                                       unknown.
                                                      Bottlenose
                                                       dolphin, HI
                                                       Pelagic.
                                                      False killer
                                                       whale, HI
                                                       Pelagic.\1\
                                                      Guadalupe fur
                                                       seal.
                                                      Risso's dolphin,
                                                       HI.
                                                      Striped dolphin,
                                                       HI.
    American Samoa longline \2\.  9.................  False killer
                                                       whale, American
                                                       Samoa.
                                                      Rough-toothed
                                                       dolphin, American
                                                       Samoa.
                                                      Striped dolphin,
                                                       unknown.
    HI shortline \2\............  11................  None documented.
Marine Aquaculture Fisheries:
    HI offshore pen culture.....  1.................  Hawaiian monk
                                                       seal.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    AK Kuskokwim, Yukon, Norton   360...............  Harbor porpoise,
     Sound, Kotzebue salmon                            Bering Sea.
     gillnet.
    AK Prince William Sound       25................  Harbor seal, GOA.
     salmon set gillnet.
                                                      Northern sea
                                                       otter,
                                                       Southcentral AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK roe herring and food/bait  15................  None documented.
     herring gillnet.
    CA herring set gillnet......  9.................  None documented.
    HI inshore gillnet..........  26................  Bottlenose
                                                       dolphin, HI.
                                                      Spinner dolphin,
                                                       HI.
    WA Grays Harbor salmon drift  20................  Harbor seal, OR/WA
     gillnet (excluding treaty                         coast.
     Tribal fishing).
    WA/OR Mainstem Columbia       8.................  None documented.
     River eulachon gillnet.
    WA/OR lower Columbia River    207...............  California sea
     (includes tributaries)                            lion, U.S.
     drift net.
                                                      Harbor seal, OR/WA
                                                       coast.
    WA Willapa Bay drift gillnet  47................  Harbor seal, OR/WA
                                                       coast.
                                                      Northern elephant
                                                       seal, CA
                                                       breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon purse    16................  Humpback whale,
     seine.                                            Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK Kodiak salmon purse seine  159...............  Dall's porpoise,
                                                       AK.
                                                      Harbor seal, North
                                                       Kodiak.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Southeast salmon purse     206...............  Humpback whale,
     seine.                                            Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK roe herring and food/bait  31................  None documented.
     herring purse seine.
    AK salmon beach seine.......  2.................  None documented.
    AK salmon purse seine         298...............  Harbor seal, GOA.
     (Prince William Sound,
     Chignik, Alaska Peninsula).
                                                      Harbor seal,
                                                       Prince William
                                                       Sound.

[[Page 77801]]

 
    WA/OR sardine purse seine...  0.................  None documented.
    CA anchovy, mackerel,         56................  California sea
     sardine purse seine.                              lion, U.S.
                                                      Harbor seal, CA.
    CA squid purse seine........  68................  California sea
                                                       lion, U.S.
                                                      Long-beaked common
                                                       dolphin, CA.
                                                      Risso's dolphin,
                                                       CA/OR/WA.
                                                      Short-beaked
                                                       common dolphin,
                                                       CA/OR/WA.
    CA tuna purse seine *.......  14................  None documented.
    WA/OR Lower Columbia River    0.................  None documented.
     salmon seine.
    WA/OR herring, anchovy,       48................  None documented.
     smelt, squid purse seine or
     lampara.
    WA salmon seine.............  81................  None documented.
    WA salmon reef net..........  11................  None documented.
    HI lift net.................  13................  None documented.
    HI inshore purse seine......  None recorded.....  None documented.
    HI throw net, cast net......  12................  None documented.
    HI seine net................  17................  None documented.
Dip Net Fisheries:
    CA squid dip net............  19................  None documented.
Marine Aquaculture Fisheries:
    AK invertebrate aquaculture.  46................  None documented.
    AK macroalgae aquaculture...  39................  None documented.
    CA marine shellfish           unknown...........  None documented.
     aquaculture.
    CA salmon enhancement         >1................  None documented.
     rearing pen.
    CA white seabass enhancement  13................  California sea
     net pens.                                         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     538...............  None documented.
     hook and line/troll.
    CA halibut, white seabass,    435...............  None documented.
     and yellowtail hook and
     line/handline.
    CA/OR/WA non-albacore HMS     124...............  None documented.
     hook and line.
    AK Gulf of Alaska groundfish  4.................  None documented.
     hand troll and dinglebar
     troll.
    AK salmon troll.............  850...............  Steller sea lion,
                                                       Eastern U.S.
                                                      Steller sea lion,
                                                       Western U.S.
    American Samoa tuna troll...  5.................  None documented.
    CA/OR/WA salmon troll.......  808...............  None documented.
    HI troll....................  1,186.............  Pantropical
                                                       spotted dolphin,
                                                       HI.
    HI rod and reel.............  208...............  None documented.
    Commonwealth of the Northern  9.................  None documented.
     Mariana Islands tuna troll.
    Guam tuna troll.............  546...............  None documented.
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian       4.................  Killer whale, GOA,
     Islands Greenland turbot                          AI, BS transient.
     longline.
    AK Bering Sea, Aleutian       26................  Bearded seal,
     Islands Pacific cod                               Beringia.
     longline.
                                                      Northern fur seal,
                                                       Eastern Pacific.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       8.................  None documented.
     Islands sablefish longline.
    AK Bering Sea, Aleutian       84................  Northern fur seal,
     Islands halibut longline.                         Eastern Pacific.
                                                      Sperm whale, North
                                                       Pacific.
    AK Gulf of Alaska halibut     689...............  Harbor seal,
     longline.                                         Clarence Strait.
                                                      Harbor seal, Cook
                                                       Inlet.
                                                      Steller sea lion,
                                                       Eastern U.S.
    AK Gulf of Alaska Pacific     23................  Harbor seal, Cook
     cod longline.                                     Inlet/Shelikof
                                                       Strait.
    AK octopus/squid longline...  0.................  None documented.
    AK State-managed waters       464...............  None documented.
     longline/setline (including
     sablefish, rockfish,
     lingcod, and miscellaneous
     finfish).
    WA/OR/CA groundfish,          296...............  Bottlenose
     bottomfish longline/set                           dolphin, CA/OR/WA
     line.                                             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      130...............  None documented.
     longline.
    West Coast pelagic longline.  4.................  None documented in
                                                       the most recent 5
                                                       years of data.
    HI kaka line................  12................  None documented.
    HI vertical line............  Less than 3.......  None documented.
Trawl Fisheries:
    AK Bering Sea, Aleutian       17................  Harbor seal,
     Islands Atka mackerel trawl.                      Aleutian Islands.
                                                      Northern elephant
                                                       seal, California.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       64................  Ribbon seal.
     Islands Pacific cod trawl.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       22................  Harbor seal,
     Islands rockfish trawl.                           Aleutian Islands.
                                                      Ribbon seal.
    AK Gulf of Alaska flatfish    16................  Harbor seal, Cook
     trawl.                                            Inlet/Shelikof
                                                       Strait.
                                                      Harbor seal, North
                                                       Kodiak.
                                                      Harbor seal, South
                                                       Kodiak.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Gulf of Alaska Pacific     12................  None documented in
     cod trawl.                                        most recent 5
                                                       years of data.
    AK Gulf of Alaska pollock     60................  Steller sea lion,
     trawl.                                            Western U.S.
    AK Gulf of Alaska rockfish    35................  None documented in
     trawl.                                            most recent 5
                                                       years of data.
    AK Kodiak food/bait herring   0.................  None documented.
     otter trawl.

[[Page 77802]]

 
    AK shrimp otter trawl and     12................  None documented.
     beam trawl.
    CA halibut bottom trawl.....  23................  California sea
                                                       lion, U.S.
                                                      Harbor porpoise,
                                                       unknown.
                                                      Harbor seal,
                                                       unknown.
                                                      Northern elephant
                                                       seal, CA
                                                       breeding.
                                                      Steller sea lion,
                                                       unknown.
    CA sea cucumber trawl.......  9.................  California sea
                                                       lion, U.S.
    WA/OR/CA shrimp trawl.......  114...............  California sea
                                                       lion, U.S.
    WA/OR/CA groundfish trawl...  104...............  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       80................  Harbor seal,
     Islands Pacific cod pot.                          Bristol Bay.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.
    AK Bering Sea, Aleutian       15................  Sperm whale, North
     Islands sablefish pot.                            Pacific.
    AK Bering Sea, Aleutian       73................  Bowhead whale,
     Islands crab pot.                                 Western Arctic.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
    AK Gulf of Alaska crab pot..  86................  None documented.
    AK Gulf of Alaska Pacific     48................  None documented in
     cod pot.                                          most recent 5
                                                       years of data.
    AK Gulf of Alaska sablefish   129...............  None documented.
     pot.
    AK Southeast Alaska crab pot  375...............  Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK Southeast Alaska shrimp    104...............  Humpback whale,
     pot.                                              Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK shrimp pot, except         77................  None documented.
     Southeast.
    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..  2.................  None documented.
    WA/OR/CA hagfish pot........  57................  None documented.
    WA/OR shrimp pot/trap.......  28................  None documented.
    WA Puget Sound Dungeness      139...............  None documented.
     crab pot/trap.
    HI crab trap................  4.................  Humpback whale,
                                                       Hawai[revaps]i.
    HI fish trap................  Less than 3.......  None documented.
    HI lobster trap.............  Less than 3.......  None documented in
                                                       recent years.
    HI shrimp trap..............  3.................  None documented.
    HI crab net.................  Less than 3.......  None documented.
    HI Kona crab loop net.......  17................  None documented.
Hook and Line, Handline, and Jig
 Fisheries:
    AK Bering Sea, Aleutian       2.................  None documented.
     Islands groundfish jig.
    AK Gulf of Alaska groundfish  68................  None documented in
     jig.                                              most recent 5
                                                       years of data.
    AK halibut jig..............  5.................  None documented.
    American Samoa bottomfish...  87................  None documented.
    Commonwealth of the Northern  3.................  None documented.
     Mariana Islands bottomfish.
    Guam bottomfish.............  93................  None documented.
    HI aku boat, pole, and line.  None recorded.....  None documented.
    HI bottomfish handline......  299...............  None documented in
                                                       recent years.
    HI inshore handline.........  158...............  None documented.
    HI pelagic handline.........  382...............  None documented.
    WA/OR/CA groundfish/finfish   689...............  California sea
     hook and line.                                    lion, U.S.
    Western Pacific squid jig...  0.................  None documented.
Harpoon Fisheries:
    CA swordfish harpoon........  21................  None documented.
Pound Net/Weir Fisheries:
    AK herring spawn on kelp      143...............  None documented.
     pound net.
    AK Southeast herring roe/     1.................  None documented.
     food/bait pound net.
    HI bullpen trap.............  <3................  None documented.
Bait Pens:
    WA/OR/CA bait pens..........  13................  California sea
                                                       lion, U.S.
Dredge Fisheries:
    AK scallop dredge...........  108 (5 AK)........  None documented.
Dive, Hand/Mechanical Collection
 Fisheries:
    AK clam.....................  57................  None documented.
    AK miscellaneous              188...............  None documented.
     invertebrates handpick.
    CA/OR/WA dive collection....  157...............  None documented.
    CA/WA kelp, seaweed, and      4.................  None documented.
     algae.
    HI black coral diving.......  Less than 3.......  None documented.
    HI fish pond................  None recorded.....  None documented.
    HI handpick.................  24................  None documented.
    HI lobster diving...........  8.................  None documented.
    HI spearfishing.............  58................  None documented.
    WA/OR/CA hand/mechanical      258...............  None documented.
     collection.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:

[[Page 77803]]

 
    AK/WA/OR/CA commercial        >7,000 (1,006 AK).  Humpback whale,
     passenger fishing vessel.                         Hawai[revaps]i.
                                                      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...  43................  None documented.
    HI aquarium collecting......  12................  None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in table 1:
AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--California; ENP--
  Eastern North Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main
  Hawaiian Islands; OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in table 3; and
[supcaret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of species and/or
  stocks killed or injured in high seas component of the fishery, minus
  species and/or stocks that have geographic ranges exclusively on the
  high seas. The species and/or stocks are found, and the fishery
  remains the same, on both sides of the EEZ boundary. Therefore, the
  EEZ components of these fisheries pose the same risk to marine mammals
  as the components operating on the high seas.


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                         Marine mammal
                                                        species and/or
       Fishery description         Estimated number         stocks
                                  of vessels/persons     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.
                                                      Humpback whale,
                                                       Gulf of Maine.
                                                      Minke whale,
                                                       Canadian east
                                                       coast.
    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        8,485.............  Harbor porpoise,
     American lobster and Jonah                        GME/BF.
     crab trap/pot.
                                                      Humpback whale,
                                                       Gulf of Maine.
                                                      Minke whale,
                                                       Canadian east
                                                       coast.
                                                      North Atlantic
                                                       right whale,
                                                       WNA.\1\
Longline Fisheries:
    Atlantic Ocean, Caribbean,    201...............  Atlantic spotted
     Gulf of Mexico large                              dolphin, Northern
     pelagics longline *.                              GMX.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX oceanic.
                                                      Bottlenose
                                                       dolphin, WNA
                                                       offshore.
                                                      Common dolphin,
                                                       WNA.
                                                      Cuvier's beaked
                                                       whale, WNA.
                                                      Kogia spp. (Pygmy
                                                       or dwarf sperm
                                                       whale), WNA.
                                                      Long-finned pilot
                                                       whale, WNA.
                                                      Mesoplodon beaked
                                                       whale, WNA.
                                                      Pantropical
                                                       spotted dolphin,
                                                       Northern GMX.
                                                      Risso's dolphin,
                                                       WNA.
                                                      Rough-toothed
                                                       dolphin, Northern
                                                       GMX.
                                                      Short-finned pilot
                                                       whale, Northern
                                                       GMX.
                                                      Short-finned pilot
                                                       whale, WNA.\1\
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
 Gillnet Fisheries:
    Chesapeake Bay inshore        265...............  Bottlenose
     gillnet \2\.                                      dolphin, unknown
                                                       (Northern
                                                       migratory coastal
                                                       or Southern
                                                       migratory
                                                       coastal).
                                                      Humpback whale,
                                                       Gulf of Maine.\1\

[[Page 77804]]

 
                                                      Minke whale,
                                                       Canadian East
                                                       Coast.
    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    273...............  Bottlenose
     \2\.                                              dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       FL coastal.
    Southeastern U.S. Atlantic    21................  Bottlenose
     shark gillnet.                                    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  320...............  Bottlenose
     (including pair trawl).                           dolphin, WNA
                                                       offshore.
                                                      Harbor seal, WNA.
                                                      White-sided
                                                       dolphin, WNA.
    Mid-Atlantic bottom trawl...  633...............  Bottlenose
                                                       dolphin, WNA
                                                       offshore.\1\
                                                      Common dolphin,
                                                       WNA.\1\
                                                      Globicephala spp.
                                                       (long-finned or
                                                       short-finned
                                                       pilot whale),
                                                       WNA.
                                                      Gray seal, WNA.\1\
                                                      Harbor seal, WNA.
                                                      Risso's dolphin,
                                                       WNA.\1\
                                                      White-sided
                                                       dolphin, WNA.
    Northeast mid-water trawl     542...............  Common dolphin,
     (including pair trawl).                           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.\1\
                                                      Gray seal, WNA.\1\
                                                      Harbor porpoise,
                                                       GME/BF.
                                                      Harbor seal, WNA.
                                                      Harp seal, WNA.
                                                      Long-finned pilot
                                                       whale, WNA.\1\
                                                      Risso's dolphin,
                                                       WNA.
                                                      White-sided
                                                       dolphin, WNA.\1\
    Southeastern U.S. Atlantic,   10,824............  Atlantic spotted
     Gulf of Mexico shrimp trawl.                      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
                                                       GA/Southern SC
                                                       estuarine system.
                                                      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.............  Humpback whale,
                                                       Gulf of Maine.\1\
    Southeastern U.S. Atlantic,   1,101.............  Bottlenose
     Gulf of Mexico stone crab                         dolphin, Biscayne
     trap/pot \2\.                                     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/  3,493.............  Fin whale, WNA.
     pot \2\.
                                                      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.

[[Page 77805]]

 
                                                      Bottlenose
                                                       dolphin, SC/GA
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       GA estuarine
                                                       system.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       Migratory
                                                       coastal.\1\
                                                      Bottlenose
                                                       dolphin, Southern
                                                       NC estuarine
                                                       system.
                                                      West Indian
                                                       manatee, FL.
Purse Seine Fisheries:
    Gulf of Mexico menhaden       40-42.............  Bottlenose
     purse seine.                                      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   17................  Bottlenose
     seine \2\.                                        dolphin, Northern
                                                       Migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       Migratory
                                                       coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach       359...............  Bottlenose
     seine.                                            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       unknown...........  Bottlenose
     species stop seine/weir/                          dolphin, Northern
     pound net (except the NC                          NC estuarine
     roe mullet stop net).                             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\
Marine Aquaculture Fisheries:
    Aquaculture rafts \2\.......  <15...............  None documented.
    Bottom culture (trays/cages)  Unknown...........  None documented.
     with buoys \2\.
    Longline aquaculture \2\....  Unknown...........  None documented.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    Caribbean gillnet...........  127...............  None documented in
                                                       the most recent 5
                                                       years of data.
    DE River inshore gillnet....  unknown...........  None documented in
                                                       the most recent 5
                                                       years of data.
    Long Island Sound inshore     unknown...........  None documented in
     gillnet.                                          the most recent 5
                                                       years of data.
    RI, southern MA (to Monomoy   unknown...........  None documented in
     Island), and NY Bight                             the most recent 5
     (Raritan and Lower NY Bays)                       years of data.
     inshore gillnet.
    Southeast Atlantic inshore    unknown...........  Bottlenose
     gillnet.                                          dolphin, Northern
                                                       SC estuarine
                                                       system.
Trawl Fisheries:
    Atlantic shellfish bottom     >58...............  None documented.
     trawl.
    Gulf of Mexico butterfish     2.................  Bottlenose
     trawl.                                            dolphin, Northern
                                                       GMX oceanic.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX continental
                                                       shelf.
    Gulf of Mexico mixed species  20................  None documented.
     trawl.
    GA cannonball jellyfish       1.................  Bottlenose
     trawl.                                            dolphin, SC/GA
                                                       coastal.
Marine Aquaculture Fisheries:
    Net pen aquaculture.........  ~25...............  Harbor seal, WNA.
    On-bottom/off-bottom culture  Unknown...........  None documented.
     (trays/cages) without buoys.
    Shellfish aquaculture.......  Unknown...........  None documented.
Purse Seine Fisheries:
    Gulf of Maine Atlantic        >7................  Harbor seal, WNA.
     herring purse seine.
    Gulf of Maine menhaden purse  >2................  None documented.
     seine.
    FL West Coast sardine purse   10................  None documented.
     seine.
Longline/Hook and Line
 Fisheries:
    Northeast/Mid-Atlantic        >1,207............  None documented.
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-      2,846.............  Humpback whale,
     Atlantic tuna, shark,                             Gulf of Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S. Atlantic,   >5,000............  Bottlenose
     Gulf of Mexico, and                               dolphin, GMX
     Caribbean snapper-grouper                         continental
     and other reef fish bottom                        shelf.
     longline/hook-and-line.
    Southeastern U.S. Atlantic,   39................  Bottlenose
     Gulf of Mexico shark bottom                       dolphin, Eastern
     longline/hook-and-line.                           GMX coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX continental
                                                       shelf.
    Southeastern U.S. Atlantic,   680...............  None documented.
     Gulf of Mexico, and
     Caribbean pelagic hook-and-
     line/harpoon.
    U.S. Atlantic, Gulf of        unknown...........  Bottlenose
     Mexico trotline.                                  dolphin,
                                                       Galveston Bay,
                                                       East Bay, Trinity
                                                       Bay.
Trap/Pot Fisheries:
    Caribbean mixed species trap/ 154...............  Bottlenose
     pot.                                              dolphin, Puerto
                                                       Rico and United
                                                       States Virgin
                                                       Islands.
    Caribbean spiny lobster trap/ 40................  None documented.
     pot.
    FL spiny lobster trap/pot...  1,268.............  Bottlenose
                                                       dolphin, Biscayne
                                                       Bay estuarine.
                                                       Bottlenose
                                                       dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, FL Bay.
                                                      Bottlenose
                                                       dolphin, FL Keys.
    Gulf of Mexico blue crab      4,113.............  Bottlenose
     trap/pot.                                         dolphin,
                                                       Barataria Bay.

[[Page 77806]]

 
                                                      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  unknown...........  None documented.
     trap/pot.
    MA green crab pot...........  78................  None documented.
    Southeastern U.S. Atlantic,   10................  None documented.
     Gulf of Mexico golden crab
     trap/pot.
    U.S. Mid-Atlantic eel trap/   unknown...........  None documented.
     pot.
Stop Seine/Weir/Pound Net/
 Floating Trap/Fyke Net
 Fisheries:
    Gulf of Maine herring and     >1................  Harbor porpoise,
     Atlantic mackerel stop                            GME/BF.
     seine/weir.
                                                      Harbor seal, WNA.
                                                      Minke whale,
                                                       Canadian east
                                                       coast.
                                                      Atlantic white-
                                                       sided dolphin,
                                                       WNA.
    U.S. Mid-Atlantic crab stop   2,600.............  None documented.
     seine/weir.
    RI floating trap............  9.................  None documented.
    Northeast and Mid-Atlantic    unknown...........  None documented.
     fyke net.
Dredge Fisheries:
    Gulf of Maine sea urchin      unknown...........  None documented.
     dredge.
    Gulf of Maine mussel dredge.  unknown...........  None documented.
    Gulf of Maine, U.S. Mid-      >403..............  None documented.
     Atlantic sea scallop dredge.
    Mid-Atlantic blue crab        unknown...........  None documented.
     dredge.
    Mid-Atlantic soft-shell clam  unknown...........  None documented.
     dredge.
    Mid-Atlantic whelk dredge...  unknown...........  None documented.
    U.S. Mid-Atlantic/Gulf of     7,000.............  None documented.
     Mexico oyster dredge.
    New England and Mid-Atlantic  unknown...........  None documented.
     offshore surf clam/quahog
     dredge.
Haul/Beach Seine Fisheries:
    Caribbean haul/beach seine..  38................  West Indian
                                                       manatee, Puerto
                                                       Rico.
    Gulf of Mexico haul/beach     unknown...........  None documented.
     seine.
    Southeastern U.S. Atlantic    25................  None documented.
     haul/beach seine.
Dive, Hand/Mechanical Collection
 Fisheries:
    Atlantic Ocean, Gulf of       20,000............  None documented.
     Mexico, Caribbean shellfish
     dive, hand/mechanical
     collection.
    Gulf of Maine urchin dive,    unknown...........  None documented.
     hand/mechanical collection.
    Gulf of Mexico, Southeast     unknown...........  None documented.
     Atlantic, Mid-Atlantic, and
     Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    Atlantic Ocean, Gulf of       4,000.............  Bottlenose
     Mexico, Caribbean                                 dolphin,
     commercial passenger                              Barataria Bay
     fishing vessel.                                   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.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in table 2:
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
  Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
  New York; RI--Rhode Island; SC--South Carolina; VA--Virginia; WNA--
  Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in table 3.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                        Marine mammal
                                    Number of HSFCA     species and/or
       Fishery description              permits      stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline Fisheries:

[[Page 77807]]

 
    Atlantic Highly Migratory                    35  Atlantic spotted
     Species *.                                       dolphin, WNA.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      oceanic.
                                                     Bottlenose dolphin,
                                                      WNA offshore.
                                                     Common dolphin,
                                                      WNA.
                                                     Cuvier's beaked
                                                      whale, WNA.
                                                     False killer whale,
                                                      WNA.
                                                     Killer whale, GMX
                                                      oceanic.
                                                     Kogia spp. whale
                                                      (Pygmy or dwarf
                                                      sperm whale), WNA.
                                                     Long-finned pilot
                                                      whale, WNA.
                                                     Mesoplodon beaked
                                                      whale, WNA.
                                                     Minke whale,
                                                      Canadian East
                                                      coast.
                                                     Pantropical spotted
                                                      dolphin, WNA.
                                                     Risso's dolphin,
                                                      GMX.
                                                     Risso's dolphin,
                                                      WNA.
                                                     Short-finned pilot
                                                      whale, WNA.
    Western Pacific Pelagic (HI                 146  Bottlenose dolphin,
     Deep-set component) *                            HI Pelagic.
     [caret].
                                                     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                      2  Long-beaked common
     Species * [caret].                               dolphin, CA.
                                                     Humpback whale,
                                                      Central America/
                                                      Southern Mexico-CA/
                                                      OR/WA.
                                                     Humpback whale,
                                                      Mainland Mexico-CA/
                                                      OR/WA.
                                                     Northern right-
                                                      whale dolphin, CA/
                                                      OR/WA.
                                                     Pacific white-sided
                                                      dolphin, CA/OR/WA.
                                                     Risso's dolphin, CA/
                                                      OR/WA.
                                                     Short-beaked common
                                                      dolphin, CA/OR/WA.
Trawl Fisheries:
    CCAMLR.......................                 0  Antarctic fur seal.
Purse Seine Fisheries:
    Western and Central Pacific                  14  Bottlenose dolphin,
     Ocean Tuna Purse Seine.                          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.                 5  No information.
    Western Pacific Pelagic (HI                  17  Beaked whale,
     Shallow-set component) *                         unknown.
     [caret].
                                                     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                     0  No information.
     Species.
    Pacific Highly Migratory                     39  No information.
     Species.
    South Pacific Albacore Troll.                 2  No information.
    Western Pacific Pelagic......                 1  No information.
Troll Fisheries:
    Atlantic Highly Migratory                     0  No information.
     Species.
    South Pacific Albacore Troll.                24  No information.
    Western Pacific Pelagic......                 6  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                     0  None documented.
     Longline.
    Pacific Highly Migratory                    104  None documented in
     Species.                                         the most recent 5
                                                      years of data.
Purse Seine Fisheries:
    Pacific Highly Migratory                      1  None documented.
     Species * [caret].
Trawl Fisheries:
    Northwest Atlantic...........                 0  None documented.
Troll Fisheries:

[[Page 77808]]

 
    Pacific Highly Migratory                     98  None documented.
     Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in table 3:
CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
  Washington; WNA--Western North Atlantic;
* Fishery is an extension/component of an existing fishery operating
  within U.S. waters listed in table 1 or 2. The number of permits
  listed in table 3 represents only the number of permits for the high
  seas component of the fishery; and
[caret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of marine mammal
  species and/or stocks killed or injured in U.S. waters component of
  the fishery, minus species and/or stocks that have geographic ranges
  exclusively in coastal waters, because the marine mammal species and/
  or stocks are also found on the high seas and the fishery remains the
  same on both sides of the EEZ boundary. Therefore, the high seas
  components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
          Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction      Category I.
 Plan (ALWTRP)--50 CFR 229.32.
                                            Mid-Atlantic gillnet.
                                            Northeast/Mid-Atlantic
                                             American lobster and Jonah
                                             crab trap/pot.
                                            Northeast sink gillnet.
                                         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.[supcaret]
Bottlenose Dolphin Take Reduction Plan   Category I.
 (BDTRP)--50 CFR 229.35.
                                            Mid-Atlantic gillnet.
                                         Category II.
                                            Atlantic blue crab trap/pot.
                                            Chesapeake Bay inshore
                                             gillnet fishery.
                                            Mid-Atlantic haul/beach
                                             seine.
                                            Mid-Atlantic menhaden purse
                                             seine.
                                            NC inshore gillnet.
                                            NC long haul seine.
                                            NC roe mullet stop net.
                                            Southeast Atlantic gillnet.
                                            Southeastern U.S. Atlantic
                                             shark gillnet.
                                            Southeastern U.S. Atlantic,
                                             Gulf of Mexico shrimp
                                             trawl.[supcaret]
                                            Southeastern, U.S. Atlantic,
                                             Gulf of Mexico stone crab
                                             trap/pot.[supcaret]
                                            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   Category I.
 (FKWTRP)--50 CFR 229.37.
                                            HI deep-set longline.
                                         Category II.
                                            HI shallow-set longline.
Harbor Porpoise Take Reduction Plan      Category I.
 (HPTRP)--50 CFR 229.33 (New England)
 and 229.34 (Mid-Atlantic).
                                            Mid-Atlantic gillnet.
                                            Northeast sink gillnet.
Pelagic Longline Take Reduction Plan     Category I.
 (PLTRP)--50 CFR 229.36.
                                            Atlantic Ocean, Caribbean,
                                             Gulf of Mexico large
                                             pelagics longline.
Pacific Offshore Cetacean Take           Category II.
 Reduction Plan (POCTRP)--50 CFR 229.31.
                                            CA thresher shark/swordfish
                                             drift gillnet (>=14 in
                                             mesh).
Atlantic Trawl Gear Take Reduction Team  Category II.
 (ATGTRT).
                                            Mid-Atlantic bottom trawl.
                                            Mid-Atlantic mid-water trawl
                                             (including pair trawl).
                                            Northeast bottom trawl
                                             Northeast mid-water trawl
                                             (including pair trawl).
------------------------------------------------------------------------
List of Symbols Used in table 4:
* Only applicable to the portion of the fishery operating in U.S.
  waters; and
[supcaret] Only applicable to the portion of the fishery operating in
  the Atlantic Ocean.

Classification

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. The certification 
is based on the following analysis.

[[Page 77809]]

    Any entity with combined annual fishery landing receipts less than 
$11 million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the size standard, all entities subject to this 
action were considered small entities; thus, they all would continue to 
be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
authorization certificate. The authorization certificate authorizes the 
taking of marine mammals incidental to commercial fishing operations 
under the MMPA. Additionally, individuals may be subject to a TRP and 
requested to carry an observer. NMFS has estimated that up to 
approximately 53,590 fishing vessels, most with annual revenues below 
the SBA's small entity thresholds, may operate in Category I or II 
fisheries. As fishing vessels operating in Category I or II fisheries, 
they are required to register with NMFS. The MMPA registration process 
is integrated with existing State and Federal licensing, permitting, 
and registration programs. Therefore, individuals who have a State or 
Federal fishing permit or landing license or who are authorized through 
another related State or Federal fishery registration program are 
currently not required to register separately under the MMPA or pay the 
$25 registration fee. Through this integrated process, registration 
under the MMPA, including the $25 registration fee, is only required 
for vessels participating in a Category I or II non-permitted fishery. 
All Category I and II fisheries listed on the 2025 proposed LOF are 
permitted through State or Federal processes, and registration under 
the MMPA is covered through the integrated process. Therefore, this 
proposed rule would not impose any direct costs on small entities.
    The MMPA requires any vessel owner or operator to report to NMFS, 
within 48 hours of the end of the fishing trip, all marine mammal 
incidental mortalities and injuries that occur during commercial 
fishing operations. These marine mammal mortalities and injuries are 
reported using a postage-paid, Office of Management and Budget (OMB) 
approved form (OMB Control Number 0648-0292). This postage-paid form 
requires less than 15 minutes to complete and can be dropped in any 
mailbox, faxed, emailed, or completed online within 48 hours of the 
vessel's return to port. Therefore, recordkeeping and reporting costs 
associated with this LOF are minimal and would not have a significant 
impact on a substantial number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
In the event that reclassification of a fishery to Category I or II 
results in a TRP, economic analyses of the effects of that TRP would be 
summarized in subsequent rulemaking actions.

Paperwork Reduction Act

    This proposed rule contains existing collection-of-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 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.

E.O. 12866

    This proposed rule has been determined to be not significant for 
the purposes of Executive Orders 12866 and 13563.

National Environmental Policy Act

    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS determined that the publishing this proposed 
LOF qualifies to be categorically excluded from further National 
Environmental Policy Act (NEPA) review, consistent with categories of 
activities identified in Categorical Exclusion G7 (``Preparation of 
policy directives, rules, regulations, and guidelines of an 
administrative, financial, legal, technical, or procedural nature, or 
for which the environmental effects are too broad, speculative or 
conjectural to lend themselves to meaningful analysis and will be 
subject later to the NEPA process, either collectively or on a case-by-
case basis'') of the Companion Manual, and we have not identified any 
extraordinary circumstances listed in chapter 4 of the Companion Manual 
for NAO 216-6A that would preclude application of this categorical 
exclusion. If NMFS takes additional management action (for example, 
through the development of a TRP), NMFS would first prepare an 
Environmental Impact Statement or Environmental Assessment, as required 
under NEPA, specific to that action.
    This proposed rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rulemaking will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or TRT.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Bath, G.E., C.A. Price, K.E. Riley and J.A. Morris Jr. 2023 A Global 
Review of Protected Species Interactions with Marine Aquaculture. 
Review in Aquaculture 2023; 1-34.
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

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Memorandum NMFS-SWFSC-690. 225 p.
Freed, J.C., N.C. Young, A.A. Bower, B.J. Delean, M.M. Muto, K.L. 
Raum-Suryan, K.M. Savage, S.S. Teerlink, L.A. Jemison, K.M. 
Wilkinson, J.E. Jannot and K.A. Somers. 2023. Human-Caused Mortality 
and Injury of NMFS-Managed Alaska Marine Mammal Stocks, 2017-2021. 
AFSC Processed Report 2023-05.
Garrison, L.P and L.W. Stokes. 2023. Estimated Bycatch of Marine 
Mammals and Sea Turtles in the U.S. Atlantic Pelagic Longline Fleet 
During 2021. NOAA Technical Memorandum NMFS-SEFSC-765. 65 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace. 
Editors. In press. Draft U.S. Atlantic and Gulf of Mexico Marine 
Mammal Stock Assessments 2023. U.S. Department of Commerce. NOAA 
Technical Memorandum.
Henry, A., M. Garron, D. Morin, A. Smith, A. Reid, W. Ledwell and T. 
Cole. 2022. Serious Injury and Mortality Determinations for Baleen 
Whale Stocks along the Gulf of Mexico, United States East Coast, and 
Atlantic Canadian Provinces, 2017-2021. U.S. Department of Commerce, 
Northeast Fisheries Science Center Reference Doc. 23-09; 59 p.
Josephson E. and M. Lyssikatos. 2023. Serious Injury Determinations 
for Small Cetaceans and Pinnipeds Caught in Commercial Fisheries off 
the Northeast U.S. Coast, 2017-2021. U.S. Department of Commerce, 
Northeast Fisheries Science Center Reference Doc. 23-11; 35 p.
McCracken, M. and B. Cooper. 2022. Assessment of Incidental 
Interactions with Marine Mammals in the Hawaii Longline Deep and 
Shallow-set Fisheries from 2017 through 2021. Pacific Islands 
Fisheries Science Center, PIFSC Data Report, DR-22-032.
NMFS. 2023. Process for Distinguishing Serious from Non-Serious 
Injury of Marine Mammals. National Marine Fisheries Service 
Procedure 02-238-01. 55 p.
Young, N.C., Brower, A.A., Muto, M.M., Freed, J.C., Angliss, R.P., 
Friday, B.D. Birkemeier, N.A., Boveng, P.L., Brost, B.M., Cameron, 
M.F., Crance, J.L., Dahle, S.P., Fadely, B.S., Ferguson, M.C., 
Goetz, K.T., London, Oleson, E.M., J.M., Ream, R.R., Richmond, E.L., 
Shelden, K.E.W., Sweeney, K.L., Towell, R.G., Wade, P.R., Waite, 
J.M., and Zerbini, A.N. In Press. Draft Alaska marine mammal stock 
assessments, 2023. U.S. Department of Commerce.
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: September 19, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-21835 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-22-P


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