[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77919-77942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30375]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 1140325271-4999-02]
RIN 0648-BE13


List of Fisheries for 2015

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 2015, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2015 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must classify each commercial fishery

[[Page 77920]]

on the LOF into one of three categories under the MMPA based upon the 
level of mortality and serious injury of marine mammals that occurs 
incidental to each fishery. The classification of a fishery on the LOF 
determines whether participants in that fishery are subject to certain 
provisions of the MMPA, such as registration, observer coverage, and 
take reduction plan (TRP) requirements.

DATES: The effective date of this final rule is January 28, 2015.

ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Lisa White, Office of Protected 
Resources, 301-427-8494; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Elizabeth 
Petras, West Coast Region (CA), 562-980-3238; Brent Norberg, West Coast 
Region (WA/OR), 206-526-6550; Kim Rivera, Alaska Region, 907-586-7424; 
Nancy Young, Pacific Islands Region, 808-725-5156. Individuals who use 
a telecommunications device for the hearing impaired may call the 
Federal Information Relay Service at 1-800-877-8339 between 8 a.m. and 
4 p.m. Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

What is the list of fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
mortality and serious injury of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Marine 
Mammal Stock Assessment Reports (SARs) and other relevant sources, and 
publish in the Federal Register any necessary changes to the LOF after 
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).

How does NMFS determine in which category a fishery is placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the potential biological 
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population. This definition can also be found in the 
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
    Tier 1: If the total annual mortality and serious injury of a 
marine mammal stock, across all fisheries, is less than or equal to 10 
percent of the PBR level of the stock, all fisheries interacting with 
the stock will be placed in Category III (unless those fisheries 
interact with other stock(s) in which total annual mortality and 
serious injury is greater than 10 percent of PBR). Otherwise, these 
fisheries are subject to the next tier (Tier 2) of analysis to 
determine their classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level (i.e., frequent incidental mortality and serious injury of marine 
mammals).
    Tier 2, Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level (i.e., occasional incidental mortality and serious 
injury of marine mammals).
    Tier 2, Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level (i.e., a remote likelihood of or no known incidental mortality 
and serious injury of marine mammals).
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. Additional details 
regarding how the categories were determined are provided in the 
preamble to the final rule implementing section 118 of the MMPA (60 FR 
45086, August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other Category I or II fisheries that use similar fishing techniques 
or gear that are known to cause mortality or serious injury of marine 
mammals, or according to factors discussed in the final LOF for 1996 
(60 FR 67063, December 28, 1995) and listed in the regulatory 
definition of a Category II fishery: ``In the absence of reliable 
information indicating the frequency of incidental mortality and 
serious injury of marine mammals by a commercial fishery, NMFS will 
determine whether the incidental mortality or serious injury is 
`frequent,' `occasional,' or `remote' by evaluating other factors such 
as fishing techniques, gear used, methods used to deter marine mammals, 
target species, seasons and areas fished, qualitative data from 
logbooks or fisher reports, stranding data, and the species and 
distribution of marine mammals in the area, or at the discretion of the 
Assistant Administrator for Fisheries'' (50 CFR 229.2).
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

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

    The LOF includes a list of marine mammal species and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean 
sections. To determine which species and stocks are included as

[[Page 77921]]

incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs. The SARs are based upon the 
best available scientific information and provide the most current and 
inclusive information on each stock's PBR level and level of 
interaction with commercial fishing operations. The best available 
scientific information used in the SARs reviewed for the 2015 LOF 
generally summarizes data from 2007-2011. NMFS also reviews other 
sources of new information, including injury determination reports, 
bycatch estimation reports, observer data, logbook data, stranding 
data, disentanglement network data, fisher self-reports (i.e. MMPA 
reports), and anecdotal reports from that time period.

Where does NMFS obtain information on the level of observer coverage in 
a fishery on the LOF?

    The best available information on the level of observer coverage 
and the spatial and temporal distribution of observed marine mammal 
interactions is presented in the SARs. Data obtained from the observer 
program and observer coverage levels are important tools in estimating 
the level of marine mammal mortality and serious injury in commercial 
fishing operations. Starting with the 2005 SARs, each SAR includes an 
appendix with detailed descriptions of each Category I and II fishery 
on the LOF, including the observer coverage in those fisheries. The 
SARs generally do not provide detailed information on observer coverage 
in Category III fisheries because, under the MMPA, Category III 
fisheries are generally not required to accommodate observers aboard 
vessels due to the remote likelihood of mortality and serious injury of 
marine mammals. Fishery information presented in the SARs' appendices 
and other resources referenced during the tier analysis may include: 
Level of observer coverage, target species, levels of fishing effort, 
spatial and temporal distribution of fishing effort, characteristics of 
fishing gear and operations, management and regulations, and 
interactions with marine mammals. Copies of the SARs are available on 
the NMFS Office of Protected Resources Web site at: http://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage levels in 
Category I and II fisheries can also be found in the Category I and II 
fishery fact sheets on the NMFS Office of Protected Resources' Web 
site: http://www.nmfs.noaa.gov/pr/interactions/lof/ lof/. Additional 
information on observer programs in commercial fisheries can be found 
on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/st4/nop/.

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

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

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time FMPs can 
change. Therefore, some vessels/participants may possess valid HSFCA 
permits without the ability to fish under the permit because it was 
issued for a gear type that is no longer authorized under the most 
current FMP. For this reason, the number of HSFCA permits displayed in 
Table 3 is likely higher than the actual U.S. fishing effort on the 
high seas. For more information on how NMFS classifies high seas 
fisheries on the LOF, see the preamble text in the final 2009 LOF (73 
FR 73032; December 1, 2008). Additional information about HSFCA permits 
can be found at: http://www.nmfs.noaa.gov/ia/permits/highseas.html.

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

    Starting with the 2010 LOF, NMFS developed summary documents, or 
fishery fact sheets, for each Category I and II fishery on the LOF. 
These fishery fact sheets provide the full history of each Category I 
and II fishery, including: When the fishery was added to the LOF, the 
basis for the fishery's initial classification, classification changes 
to the fishery, changes to the list of species and/or stocks 
incidentally killed or injured in the fishery, fishery gear and methods 
used, observer coverage levels, fishery management and regulation, and 
applicable TRPs or TRTs, if any. These fishery fact sheets are updated 
after each final LOF and can be found under ``How Do I Find Out if a 
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of 
Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/lof/, linked to the ``List of Fisheries by Year'' table. 
NMFS is developing similar fishery fact sheets for each Category III 
fishery on the LOF. However, due to the large number of Category III 
fisheries on the LOF and the lack of accessible and detailed 
information on many of these fisheries, the development of these 
fishery fact sheets is taking significant time to complete. NMFS will 
begin posting Category III fishery fact sheets online with the final 
2015 LOF.

Am I required to register under the MMPA?

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

[[Page 77922]]

How do I register and receive my authorization certificate and 
mortality/injury reporting forms?

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials directly under the MMAP. In 
the Pacific Islands, West Coast, and Alaska regions, NMFS will issue 
vessel or gear owners an authorization certificate and/or mortality/
injury reporting forms via U.S. mail or with their state or Federal 
license at the time of renewal. In the Greater Atlantic Region, NMFS 
will issue vessel or gear owners an authorization certificate via U.S. 
mail automatically at the beginning of each calendar year; but vessel 
or gear owners must request or print mortality/injury reporting forms 
by contacting the NMFS Greater Atlantic Regional Office at 978-281-9328 
or by visiting the Greater Atlantic Regional Office Web site (http://www.nero.noaa.gov/mmap). In the Southeast region, NMFS will issue 
vessel or gear owners notification of registry and vessel or gear 
owners may receive their authorization certificate and/or mortality/
injury reporting form by contacting the Southeast Regional Office at 
727-209-5952 or by visiting the Southeast Regional Office Web site 
(http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) and following the instructions 
for printing the necessary documents. Mortality/injury forms are also 
available online at http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf.
    The authorization certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the 
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit 
the issuance of authorization certificates to only those vessel or gear 
owners that participate in Category I or II fisheries, not all state 
and Federal permit systems distinguish between fisheries as classified 
by the LOF. Therefore, some vessel or gear owners in Category III 
fisheries may receive authorization certificates even though they are 
not required for Category III fisheries. Individuals fishing in 
Category I and II fisheries for which no state or Federal permit is 
required must register with NMFS by contacting their appropriate 
Regional Office (see ADDRESSES).

How do I renew my registration under the MMAP?

    In Alaska regional and Greater Atlantic Regional fisheries, 
registrations of vessel or gear owners are automatically renewed and 
participants should receive an authorization certificate by January 1 
of each new year. In Pacific Islands regional fisheries, vessel or gear 
owners receive an authorization certificate by January 1 for state 
fisheries and with their permit renewal for federal fisheries. In West 
Coast regional fisheries, vessel or gear owners receive authorization 
with each renewed state fishing license, the timing of which varies 
based on target species. Vessel or gear owners who participate in 
fisheries in these regions and have not received authorization 
certificates by January 1 or with renewed fishing licenses must contact 
the appropriate NMFS Regional Office (see ADDRESSES).
    In Southeast regional fisheries, vessel or gear owners' 
registrations are automatically renewed and participants will receive a 
letter in the mail by January 1 instructing them to contact the 
Southeast Regional Office to have an authorization certificate mailed 
to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) to print their own certificate.

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip 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 downloaded from: 
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf 
or by contacting the appropriate Regional office (see ADDRESSES). Forms 
may be faxed directly to the NMFS Office of Protected Resources at 301-
713-4060 or 301-713-0376. Reporting requirements and procedures can be 
found in 50 CFR 229.6.

Am I required to take an observer aboard my vessel?

    Individuals participating in a Category I or II fishery are 
required to accommodate an observer aboard their vessel(s) upon request 
from NMFS. MMPA section 118 states that the Secretary is not required 
to place an observer on a vessel if the facilities for quartering an 
observer or performing observer functions are inadequate or unsafe; 
thereby authorizing the exemption of vessels too small to accommodate 
an observer from this requirement. However, vessels will not be 
exempted from observer requirements regardless of their size, for U.S. 
Atlantic Ocean, Caribbean, or Gulf of Mexico large pelagics longline 
vessels operating in special areas designated by the Pelagic Longline 
Take Reduction Plan implementing regulations (50 CFR 229.36(d)). 
Observer requirements can be found in 50 CFR 229.7.

Am I required to comply with any marine mammal take reduction plan 
regulations?

    Table 4 in this rule provides a list of fisheries affected by TRPs 
and TRTs. TRP regulations can be found at 50 CFR 229.30 through 229.37. 
A description of each TRT and copies of each TRP can be found at: 
http://www.nmfs.noaa.gov/pr/interactions/trt/. It is the responsibility 
of fishery participants to comply with applicable take reduction 
regulations.

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

    Information regarding the LOF and the Marine Mammal Authorization 
Program, including registration procedures and forms, current and past 
LOFs, information on each Category I and II fishery, observer 
requirements, and marine mammal mortality/injury reporting forms and 
submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/lof/ lof/, or from any NMFS Regional Office at the addresses 
listed below:
    NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic 
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;

[[Page 77923]]

    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Jessica Powell;
    NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Elizabeth Petras;
    NMFS, West Coast Region, Seattle Office, 7600 Sand Point Way NE., 
Seattle, WA 98115, Attn: Brent Norberg, Protected Resources Division;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Kim Rivera; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: 
Nancy Young.

Sources of Information Reviewed for the 2015 LOF

    NMFS reviewed the marine mammal incidental mortality and serious 
injury information presented in the SARs for all fisheries to determine 
whether changes in fishery classification are warranted. The SARs are 
based on the best scientific information available at the time of 
preparation, including the level of mortality and serious injury of 
marine mammals that occurs incidental to commercial fishery operations 
and the PBR levels of marine mammal stocks. The information contained 
in the SARs is reviewed by regional Scientific Review Groups (SRGs) 
representing Alaska, the Pacific (including Hawaii), and the U.S. 
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the 
MMPA to review the science that informs the SARs, and to advise NMFS on 
marine mammal population status, trends, and stock structure, 
uncertainties in the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports through the Marine Mammal Authorization Program, reports to the 
SRGs, conference papers, FMPs, and ESA documents.
    The LOF for 2015 was based on, among other things, information 
provided in the NEPA and ESA documents analyzing authorized high seas 
fisheries; stranding data; fishermen self-reports through the MMAP; and 
SARs, primarily the 2013 SARs, which are generally based on data from 
2007-2011. The final SARs referenced in this LOF include: 2007 (73 FR 
21111, April 18, 2008), 2008 (74 FR 19530, April 29, 2009), 2009 (75 FR 
12498, March 16, 2010), 2010 (76 FR 34054, June 10, 2011), 2011 (77 FR 
29969, May 21, 2012), and 2012 (78 FR 19446, April, 1 2013), and 2013 
(79 FR 49053, August 19, 2014). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

Comments and Responses

    NMFS received four comment letters on the proposed LOF for 2015 (79 
FR 50589, August 25, 2014). Comments were received from the Center for 
Biological Diversity (CBD), Hawaii Department of Land and Natural 
Resources (DLNR), Hawaii Longline Association (HLA), and Oceana. 
Comments on issues outside of the scope of the LOF were noted, but 
generally without response.

General Comments

    Comment 1: CBD states that the List of Fisheries is the first step 
in fisheries' registration and authorization and asks NMFS to re-
examine its practice of registering and authorizing fisheries under 
section 118 without also authorizing take of threatened and endangered 
marine mammals under section 101(a)(5)(E).
    Response: The List of Fisheries categorizes each commercial fishery 
based on the definitions of Category I, II, and III fisheries set forth 
at 50 CFR 229.2. Publication of the List of Fisheries does not 
authorize take of threatened or endangered marine mammals incidental to 
commercial fishing. Under section 101(a)(5)(E) of the MMPA, NMFS issues 
permits for the incidental taking of threatened or endangered species 
listed under the Endangered Species Act, if it can be determined that 
(1) mortality and serious injury incidental to commercial fisheries 
would have a negligible impact on the affected species or stock, (2) a 
recovery plan for that species or stock has been developed or is being 
developed, and (3) where required under section 118, a monitoring 
program has been established, vessels are registered, and a take 
reduction plan has been developed or is being developed. NMFS publishes 
a separate list of fisheries that have met these conditions in the 
Federal Register. Participants in fisheries that are not included on 
that list remain subject to the ESA prohibition against taking marine 
mammals from endangered or threatened stocks.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 2: HLA contends that the Hawaii-based deep-set longline 
fishery does not interact with Main Hawaiian Islands (MHI) insular 
false killer whales. HLA commented that there has never been a 
documented interaction between the fishery and an animal from the MHI 
insular stock, and there are no data or other scientific information to 
support attribution of MHI insular false killer whale interactions to 
the deep-set fishery. HLA opposes including the stock on the list of 
marine mammals killed or injured in the deep-set fishery.
    Response: NMFS determines which species or stocks are included as 
incidentally killed or injured in a fishery by annually reviewing the 
information presented in the current stock assessment reports (SARs), 
among other relevant sources. The SARs are based on the best available 
scientific information and provide the most current and inclusive 
information on each stock, including range, abundance, PBR, and level 
of interaction with commercial fishing operations. The LOF does not 
separately evaluate the data and calculations contained within the 
SARs.
    The 2015 LOF is based on the 2013 SARs, which report fishery 
interactions from 2007-2011. During that time period, observers 
recorded one interaction with an unidentified blackfish (i.e., 
identified as either a short-finned pilot whale or a false killer 
whale) within the overlap zone shared by pelagic and MHI insular false 
killer whales (40-140 km from the main Hawaiian Islands). Based on 
NMFS' proration models (for blackfish and for false killer whales of 
unknown stock identity), and an expansion of observed interactions to 
fleet-wide estimates, NMFS estimates a 5-year average mortality and 
serious injury level of 0.1 MHI insular false killer whales per year 
incidental to the Hawaii-based deep-set longline fishery from 2007-2011 
(Carretta et al., 2014).
    NMFS is retaining the stock on the list of marine mammal stocks 
incidentally killed or injured in the Hawaii deep-set longline fishery. 
For a more complete analysis of the methodology for determining 
mortality and serious injury of MHI insular false killer whales, the 
commenter is referred to the 2013 SAR.
    Comment 3: HLA opposes the continued inclusion of short-finned 
pilot whales on the list of species killed or injured in the Hawaii-
based shallow-set longline fishery because it is not supported by the 
available data. NMFS has included the species because of a single 
interaction on the high seas involving an unidentified cetacean that 
``may have'' been a short-finned pilot whale. There have been no 
confirmed short-finned pilot whale interactions in the shallow-set 
fishery. HLA states that in the absence of data confirming that the 
fishery is interacting with short-

[[Page 77924]]

finned pilot whales, NMFS may not add the species to the list of 
species or stocks that are incidentally killed or injured by the 
fishery.
    Response: The 2013 SAR for the Hawaii stock of short-finned pilot 
whales states that two unidentified cetaceans, known to be either false 
killer whales or short-finned pilot whales (i.e., ``blackfish''), were 
observed seriously injured in the shallow-set longline fishery on the 
high seas from 2007-2011 (Carretta et al., 2014). When the species of a 
blackfish cannot be positively identified, NMFS prorates the 
interaction to each species based on distance from shore (McCracken, 
2010). Until all animals that are taken can be identified to either 
species (e.g., using photos, tissue samples), this prorating approach 
constitutes the best available information and ensures that potential 
impacts to all species and stocks are assessed. Based on this approach, 
the estimated average annual mortality and serious injury of short-
finned pilot whales in the fishery on the high seas from 2007-2011 is 
0.1 (Carretta et al., 2014). The Western Pacific Pelagic longline (HI 
shallow-set) fishery is the high seas component of the HI shallow-set 
longline fishery. Because the fishery operating in U.S. waters and the 
high seas component of the fishery pose the same risk to marine 
mammals, NMFS maintains identical lists of marine mammals killed or 
injured in the fisheries. Therefore, NMFS is retaining short-finned 
pilot whales on the list of species or stocks that are incidentally 
killed or injured by the fishery.
    Comment 4: HLA commented that pygmy or dwarf sperm whales should 
not be included in the list of species killed or injured in the Hawaii 
shallow-set longline fishery, because the MMPA requires NMFS to list 
the species in the LOF that are killed or seriously injured by a 
fishery. HLA cites the 2013 SAR, which reports a single interaction 
with a pygmy or dwarf sperm whale in 2008 that was classified as a non-
serious injury.
    Response: As described in the preamble to this final rule and in 
the MMPA implementing regulations (50 CFR 299.8(b)(2)), the LOF 
includes a list of marine mammal species or stocks incidentally killed 
or injured in each commercial fishery. While fishery classifications on 
the LOF are determined via the tier analysis process, which, as 
described in the preamble to the proposed LOF, evaluates the level of 
mortality and serious injury of marine mammals relative to the stocks' 
PBR levels, the list of species and/or stocks killed or injured is more 
inclusive, and also includes those that have been non-seriously 
injured. Therefore, it is appropriate to include Kogia species whale 
(pygmy or dwarf sperm whale) in the list for the Hawaii shallow-set 
longline fishery, given the documented non-serious injury in 2008 
(Carretta et al., 2014).
    Comment 5: HLA notes that for fisheries that operate both in the 
U.S. EEZ and on the high seas, marine mammal species for which an 
interaction has occurred in either the EEZ or the high seas are 
included on the lists of species killed or injured in both the EEZ and 
the high seas (i.e., on both Tables 1 or 2 and Table 3). This results 
in a mistaken implication that a given fishery may interact with a 
certain species in one geographic area (e.g., within the EEZ) when that 
fishery has only been observed to interact with the species in another 
geographic area (e.g., on the high seas). HLA requests that NMFS 
correct the LOF to only attribute species interactions in transboundary 
fisheries to those geographic regions where interactions are actually 
observed. This change would not result in underreporting of species 
killed or injured, but would avoid the arbitrary result of takes being 
attributed to fisheries in areas in which no take has ever been 
observed.
    Response: As described in the preamble, NMFS has included high seas 
fisheries in Table 3 of the LOF since 2009. Several fisheries operate 
in both U.S. waters and on the high seas, creating some overlap between 
the fisheries listed in Tables 1 and 2 and those in Table 3. In these 
cases, the high seas component of the fishery is not considered a 
separate fishery, but an extension of a fishery operating within U.S. 
waters. For these fisheries, the lists of species and/or stocks killed 
or injured in Table 3 are identical to their Table 1 or 2 counterparts, 
except for those species or stocks with distributions known to occur on 
only one side of the EEZ boundary. Because the fisheries and the marine 
mammal lists are the same, takes of these animals are not being 
attributed to one geographic area or the other, even when that 
information may be available. This parallel list structure is explained 
in the footnotes for each table.
    Comment 6: CBD recommends that NMFS conduct a Tier 2 analysis for 
the HI crab trap fishery because the total fishery-related mortality 
and serious injury (M/SI) of Central North Pacific (CNP) humpback 
whales (7.45 per year, as cited in Allen and Angliss, 2013; or 9.35 per 
year, as cited in NMFS' draft Negligible Impact Determination (79 FR 
33726, June 12, 2014) exceeds 10% of the stock's PBR level. Further, 
CBD recommends that NMFS reclassify the HI crab trap fishery as 
Category II because reported entanglements of CNP humpback whales 
likely underestimate actual entanglements, and M/SI in the fishery 
likely exceeds 1% of the stock's PBR level. Given that the HI crab 
trap's 5-year annual average M/SI (0.55/yr) based on reported 
entanglements is just barely below 1% of PBR, if only one CNP humpback 
whale entanglement went unreported, M/SI would exceed 1% of PBR, 
necessitating a Category II classification.
    Response: The level of commercial fishery-related M/SI of CNP 
humpback whales evaluated in the proposed LOF (1.1/year) was based on 
the number of confirmed commercial fishery-related M/SI presented in 
the draft 2013 Alaska SAR (0.55 from observer data in Alaska (0.40) and 
Hawaii (0.15); Allen and Angliss, 2013), plus unpublished values for M/
SI attributed to the HI crab trap fishery (0.55). Using these values, a 
Tier 1 analysis indicated total commercial fishery-related M/SI was 
less than 10% of PBR, so a Tier 2 analysis was not necessary.
    The commenter cites two alternative values for total commercial 
fisheries-related M/SI for CNP humpback whales. The first, 7.45 M/SI 
per year, is also from Allen and Angliss (2013), but includes not only 
the 0.55 M/SI per year described above from observer data in Alaska and 
Hawaii fisheries, but also 2.15 and 4.75 M/SI per year from Alaska and 
Hawaii stranding response networks, respectively. The interactions 
reported from stranding networks and responses cannot or have not been 
confirmed to be from commercial fisheries, and are thus not appropriate 
to be included in the tier analysis.
    The second alternative M/SI value cited by the commenter, 9.35 M/SI 
per year, is described in NMFS' draft Negligible Impact Determination 
for CNP humpbacks, Hawaii sperm whales, and MHI insular false killer 
whales. The page of the NID cited by the commenter (p. 38) notes that 
this value includes both commercial and recreational takes. The value 
of 9.35 M/SI per year is not appropriate to include in the LOF tier 
analysis, which focuses exclusively on M/SI in commercial fisheries. 
If, in the future, the responsible fishery or fisheries involved in the 
interactions can be identified and M/SI attributed to commercial 
fisheries, they will be considered in future tier analyses. Effort is 
ongoing in both regions to identify fisheries from the entangling gear.
    Although we do not accept the accuracy of the commenter's values, 
we find that even if we apply them to the tier analysis the Category 
III

[[Page 77925]]

classification remains unchanged. In both cases, total fisheries-
related M/SI would exceed 10% of PBR (7.45/61.2 is 12.1% of PBR, and 
9.35/61.2 is 15.3% of PBR). A Tier 2 analysis finds that the HI crab 
trap fishery's 5-year average M/SI from 2007-2011 is 0.55 per year, 
which is 0.9% of the stock's PBR. This is less than 1% of the stock's 
PBR level, so a Category III classification is warranted. At this time, 
we cannot speculate on the likely impacts of unreported or unobserved 
interactions, and instead rely on the data described above.
    Comment 7: DLNR provided information regarding measures of 
participation in various fisheries, including that the State of Hawaii 
does not issue fishery-specific licenses for commercial fisheries. DLNR 
commented that it may be misleading to list in the LOF the number of 
licensed commercial fishers who reported using the gear type at least 
once during the fishing year period, without considering how many times 
that person used the gear.
    Response: Section 118(c)(1) of the Marine Mammal Protection Act 
states that the Secretary shall include ``the approximate number of 
vessels or persons actively involved in, each such fishery.'' NMFS 
acknowledges that the Hawaii commercial fishing license is not specific 
to a fishery or gear type, and that the state-reported estimation of 
vessels/persons reflects the number of licensed fishermen who reported 
using the gear at least once during the fishing year period. The 
estimated number of vessels or persons column is intended to provide 
the best available approximation of active participation in the fishery 
for descriptive purposes and will not be used in determining current or 
future management of fisheries or observer coverage designations, if 
applicable.
    Comment 8: DLNR commented that several fisheries managed by DLNR 
pose little to no risk to marine mammals, including the Hawaii Kona 
crab loop net fishery, Hawaii fish pond, Hawaii handpick, and Hawaii 
lobster diving fisheries. In these cases, DLNR urges NMFS to make it 
abundantly clear that there is a high degree of certainty that these 
fisheries pose minimal risk to marine mammals, and urges NMFS to 
delineate clear criteria with respect to when a commercial fishery 
should be removed from the LOF.
    Response: NMFS recognizes that the fisheries referenced by DAR have 
a remote likelihood of incidental mortality or serious injury of marine 
mammals and maintains their classification as Category III on the Final 
LOF for 2015. The LOF is a complete list of all U.S. commercial 
fisheries. Fisheries are not removed from the LOF based on their posing 
a minimal risk to marine mammals. Instead, fisheries are removed from 
the LOF when there are no active permit/license holders, the gear is no 
longer authorized and permits are no longer given, or when a name 
change incorporates the fishery under a different name on the LOF.
    Comment 9: DLNR supported several proposed changes to the LOF, 
including the addition of the Hawaii aquarium collecting fishery, 
removal of the Hawaii lobster tangle net fishery, removal of Hawaii 
charter vessel fishery, splitting of the Hawaii troll fishery into the 
troll and rod and reel fisheries, addition of the Central North Pacific 
stock of humpback whale to the list of species killed or injured in the 
Hawaii crab trap fishery, and removal of the Hawaiian monk seal from 
the list of species killed or injured in the Hawaii lobster trap 
fishery. DLNR also provided a description of the Hawaii aquarium 
collecting fishery.
    Response: NMFS appreciates DLNR's support and collaboration in 
developing these changes. NMFS is finalizing the changes mentioned by 
the commenter, as proposed. NMFS will also use the information provided 
by DLNR in the description of the Hawaii aquarium collecting fishery in 
the fishery's fact sheet, which is being developed for release with a 
future LOF.
    Comment 10: DLNR requested that NMFS continue to work with DLNR to 
review humpback whale interactions to more fully understand them, to 
accurately identify the fishery, and to develop possible mitigation 
measures.
    Response: NMFS will continue to consult and work with DLNR to 
evaluate and address humpback whale entanglements.
    Comment 11: Oceana recommends that NMFS add the CA/OR/WA stock of 
short-finned pilot whales and the Eastern North Pacific stock of gray 
whales to the list of species and/or stocks incidentally killed or 
injured in the CA thresher shark/swordfish drift gillnet fishery based 
on a 2013/2014 fishing season observer report.
    Response: To determine which species and stocks are included as 
incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs. The SARs are based upon the 
best available scientific information and provide the most current and 
inclusive information on each stock's PBR level and level of 
interaction with commercial fishing operations. The best available 
scientific information used in the SARs reviewed for the 2015 LOF 
generally summarizes data from 2007-2011. NMFS also reviews other 
sources of new information, including injury determination reports, 
bycatch estimation reports, observer data, logbook data, stranding 
data, disentanglement network data, fisher self-reports (i.e. MMPA 
reports), and anecdotal reports from that time period. The observed 
interactions referenced by the commenter will be evaluated in a future 
LOF.

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

    Comment 12: CBD recommends that NMFS add the Gulf of Maine stock of 
humpback whales to the list of species/stocks incidentally killed or 
injured in the Southeastern U.S. Atlantic shark gillnet fishery based 
on a March 2012 self-report.
    Response: The humpback whale entanglement in March 2012 occurred in 
a gillnet targeting smooth dogfish (also known as smooth hound) 
approximately two miles offshore of Hatteras, North Carolina. The 
smooth dogfish gillnet fishery is included in the larger Category I 
Mid-Atlantic Gillnet fishery, which already lists the Gulf of Maine 
stock of humpback whales as a marine mammal stock that is incidentally 
killed or injured in this fishery (see: http://www.nmfs.noaa.gov/pr/pdfs/fisheries/lof2012/midatlantic_gillnet.pdf). Therefore, we are not 
adding the Gulf of Maine humpback whale stock to the Southeastern U.S. 
Atlantic shark gillnet fishery.

Comments on Commercial Fisheries in the High Seas

    Comment 13: CBD recommends that the Pacific Highly Migratory 
Species (HMS) drift gillnet fishery be listed as Category I because it 
includes an extension of the Category I CA thresher shark/swordfish 
drift gillnet (>=14 in mesh) fishery. CBD also recommends that NMFS 
revise the number of HSFCA permits based on a 2013 biological opinion 
that reports no observed drift gillnet effort on the high seas since 
2001 (NMFS, 2013).
    Response: NMFS agrees that when the CA thresher shark/swordfish 
drift gillnet (>=14 in mesh) fishery was reclassified as Category I on 
Table 1 in 2013, the Pacific HMS drift gillnet fishery should have also 
been elevated to Category I in Table 3 because it is an extension of 
the Table 1 fishery. Therefore, NMFS corrects this administrative error 
and clarifies that the Pacific HMS drift gillnet is a Category I 
fishery. NMFS finds no error in the number of HSFCA permits listed

[[Page 77926]]

on Table 3. As stated in the preamble, HSFCA permits are valid for five 
years, during which time FMPs can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to 
fish under the permit because it was issued for a gear type that is no 
longer authorized under the most current FMP. For this reason, the 
number of HSFCA permits displayed in Table 3 is likely higher than the 
actual U.S. fishing effort on the high seas.

Summary of Changes From the Proposed Rule

    NMFS corrects an administrative error and elevates the Pacific HMS 
drift gillnet fishery from Category II to Category I. As an extension 
of the Category I CA thresher shark/swordfish drift gillnet (>=14 in 
mesh) fishery, Pacific HMS should have been moved to Category I in 2013 
when the CA thresher shark/swordfish drift gillnet (>=14 in mesh) 
fishery was reclassified.

Summary of Changes to the LOF for 2015

    The following summarizes changes to the LOF for 2015, including the 
fisheries listed in the LOF, the estimated number of vessels/persons in 
a particular fishery, and the species and/or stocks that are 
incidentally killed or injured in a particular fishery. As described 
above (see ``Summary of Changes From the Proposed Rule''), the LOF for 
2015 corrects an administrative error and moves the Pacific HMS drift 
gillnet fishery to Category I. Additionally, NMFS adds 7 Category III 
fisheries to the LOF and removes 6 fisheries from the LOF. The LOF for 
2015 does not include any other changes to fishery classifications or 
to fisheries that are subject to a take reduction plan. NMFS makes 
changes to the list of species and/or stocks killed or injured in 
certain fisheries and the estimated number of vessels/persons in 
certain fisheries, as well as certain administrative changes. The 
classifications and definitions of U.S. commercial fisheries for 2015 
are identical to those provided in the LOF for 2014 with the exception 
of those changes discussed below. State and regional abbreviations used 
in the following paragraphs include: AK (Alaska), CA (California), DE 
(Delaware), FL (Florida), GMX (Gulf of Mexico), HI (Hawaii), MA 
(Massachusetts), ME (Maine), NC (North Carolina), NY (New York), OR 
(Oregon), RI (Rhode Island), SC (South Carolina), VA (Virginia), WA 
(Washington), and WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Addition of Fisheries

    NMFS adds ``HI aquarium collecting'' as a Category III fishery.

Removal of Fisheries

    NMFS removes the following Category III fisheries from the LOF: 
``OR salmon ranch,'' ``WA herring brush weir,'' ``WA herring spawn on 
kelp,'' ``CA abalone,'' ``HI lobster tangle net,'' and ``HI charter 
vessel.''

Fishery Name and Organizational Changes and Clarification

    NMFS renames the Category II ``WA coastal Dungeness crab pot/trap'' 
fishery to ``WA coastal Dungeness crab pot.''
    NMFS renames the Category III ``WA/OR North Pacific halibut 
longline/setline'' to the ``WA/OR Pacific halibut longline.''
    NMFS renames the Category III ``Coastwide scallop dredge'' fishery 
to the ``Alaska scallop dredge.''
    NMFS renames the Category III ``OR/CA hagfish pot or trap'' to the 
``WA/OR/CA hagfish pot.''
    NMFS renames the Category I ``HI deep-set (tuna target) longline/
set line'' fishery to ``HI deep-set longline.''
    NMFS renames the Category II ``HI shallow-set (swordfish target) 
longline/set line'' fishery to ``HI shallow-set longline.''
    NMFS renames the Category III ``HI opelu/akule net'' fishery to 
``HI lift net.''
    NMFS renames Category III ``HI hukilau net'' fishery to ``HI seine 
net.''
    NMFS renames the Category III ``HI vertical longline'' fishery to 
``HI vertical line.''
    NMFS renames the Category III ``HI MHI deep-sea bottomfish 
handline'' fishery to ``HI bottomfish handline.''
    NMFS renames the Category III ``HI tuna handline'' fishery to ``HI 
pelagic handline.''
    NMFS splits the Category III ``CA coonstripe shrimp, rock crab, 
tanner crab pot or trap'' fishery into two Category III fisheries, 
``CA/OR coonstripe shrimp pot'' and ``CA rock crab pot'', and 
eliminates the tanner crab component of the pot fishery.
    NMFS splits the Category III ``HI trolling, rod and reel'' fishery 
into two separate Category III fisheries, the ``HI troll'' and ``HI rod 
and reel'' fisheries.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows. Fisheries are labeled with their name on 
the 2015 LOF:

----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of  vessels/
             Category                              Fishery                  persons  (final     persons  (final
                                                                               2014 LOF)           2015 LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  HI deep-set longline................                 129                 128
II................................  AK Bristol Bay salmon drift gillnet.               1,863               1,862
II................................  AK Bristol Bay salmon set gillnet...                 982                 979
II................................  AK Cook Inlet salmon set gillnet....                 738                 736
II................................  AK Peninsula/Aleutian Islands salmon                 114                 113
                                     drift gillnet.
II................................  AK Yakutat salmon set gillnet.......                 167                 168
II................................  AK Cook Inlet salmon purse seine....                  82                  83
II................................  AK Kodiak salmon purse seine........                 379                 376
II................................  AK Bering Sea, Aleutian Islands                       34                  32
                                     flatfish trawl.
II................................  AK Bering Sea, Aleutian Islands                       95                 102
                                     pollock trawl.
II................................  AK Bering Sea, Aleutian Islands                       10                  17
                                     rockfish trawl.
II................................  HI shallow-set longline.............                  20                  18
II................................  American Samoa longline.............                  24                  25
II................................  HI shortline........................                  11                   6
III...............................  AK Kuskokwim, Yukon, Norton Sound,                 1,702               1,778
                                     Kotzebue salmon gillnet.
III...............................  AK miscellaneous finfish set gillnet                   2                  54
III...............................  AK Prince William Sound salmon set                    30                  29
                                     gillnet.
III...............................  AK roe herring and food/bait herring                 990                 920
                                     gillnet.
III...............................  HI inshore gillnet..................                  36                  42
III...............................  AK Southeast salmon purse seine.....                 415                 315
III...............................  AK miscellaneous finfish beach seine                   1                   2

[[Page 77927]]

 
III...............................  AK roe herring and food/bait herring                   6                  10
                                     beach seine.
III...............................  AK roe herring and food/bait herring                 367                 356
                                     purse seine.
III...............................  AK salmon purse seine (excluding                     935                 936
                                     salmon purse seine fisheries listed
                                     as Category II).
III...............................  HI lift net.........................                  22                  21
III...............................  HI throw net, cast net..............                  29                  20
III...............................  HI seine net........................                  26                  21
III...............................  AK North Pacific halibut, AK bottom       1,320 (120 AK)      1,320 (180 AK)
                                     fish, WA/OR/CA albacore,
                                     groundfish, bottom fish, CA halibut
                                     non-salmonid troll fisheries.
III...............................  AK salmon troll.....................               2,008               1,908
III...............................  AK Bering Sea, Aleutian Islands                      154                  45
                                     Pacific cod longline.
III...............................  AK Bering Sea, Aleutian Islands                        0                   3
                                     rockfish longline.
III...............................  AK Bering Sea, Aleutian Islands                       36                   4
                                     Greenland turbot longline.
III...............................  AK Bering Sea, Aleutian Islands                       28                  22
                                     sablefish longline.
III...............................  AK Gulf of Alaska halibut longline..               1,302                 855
III...............................  AK Gulf of Alaska Pacific cod                        107                  92
                                     longline.
III...............................  AK Gulf of Alaska rockfish longline.                   0                  25
III...............................  AK Gulf of Alaska sablefish longline                 291                 295
III...............................  AK halibut longline/set line (state                2,280               2,197
                                     and Federal waters).
III...............................  AK octopus/squid longline...........                   2                   3
III...............................  AK state-managed waters longline/                  1,323                 464
                                     setline (including sablefish,
                                     rockfish, lingcod, and
                                     miscellaneous finfish).
III...............................  HI kaka line........................                  17                  24
III...............................  HI vertical line....................                   9                   6
III...............................  AK Bering Sea, Aleutian Islands Atka                   9                  13
                                     mackerel trawl.
III...............................  AK Bering Sea, Aleutian Islands                       93                  72
                                     Pacific cod trawl.
III...............................  AK Gulf of Alaska flatfish trawl....                  41                  36
III...............................  AK Gulf of Alaska Pacific cod trawl.                  62                  55
III...............................  AK Gulf of Alaska pollock trawl.....                  62                  67
III...............................  AK Gulf of Alaska rockfish trawl....                  34                  43
III...............................  AK shrimp otter trawl and beam trawl                  33                  38
                                     (statewide and Cook Inlet).
III...............................  AK statewide miscellaneous finfish                   243                   4
                                     pot.
III...............................  AK Aleutian Islands sablefish pot...                   8                   4
III...............................  AK Bering Sea, Aleutian Islands                       68                  59
                                     Pacific cod pot.
III...............................  AK Bering Sea, Aleutian Islands crab                 296                 540
                                     pot.
III...............................  AK Bering Sea sablefish pot.........                   6                   2
III...............................  AK Gulf of Alaska crab pot..........                 389                 381
III...............................  AK Gulf of Alaska Pacific cod pot...                 154                 128
III...............................  AK Southeast Alaska crab pot........                 415                  41
III...............................  AK Southeast Alaska shrimp pot......                 274                 269
III...............................  AK shrimp pot, except Southeast.....                 210                 236
III...............................  HI crab trap........................                   9                   7
III...............................  HI fish trap........................                   9                   5
III...............................  HI shrimp trap......................                   4                   6
III...............................  HI crab net.........................                   6                   4
III...............................  HI Kona crab loop net...............                  48                  35
III...............................  AK octopus/squid handline...........                   0                   7
III...............................  American Samoa bottomfish handline..                  12                  14
III...............................  HI aku boat, pole and line..........                   3                 < 3
III...............................  HI bottomfish handline..............                 567                 578
III...............................  HI inshore handline.................                 378                 376
III...............................  HI pelagic handline.................                 459                 484
III...............................  AK herring spawn on kelp pound net..                 411                 409
III...............................  AK Southeast herring roe/food/bait                     4                   2
                                     pound net.
III...............................  AK scallop dredge...................         108 (12 AK)          108 (5 AK)
III...............................  AK clam.............................                 156                 130
III...............................  AK herring spawn on kelp............                 266                 339
III...............................  AK urchin and other fish/shellfish..                 521                 398
III...............................  HI fish pond........................                  16                   5
III...............................  HI handpick.........................                  57                  58
III...............................  HI lobster diving...................                  29                  23
III...............................  HI spearfishing.....................                 143                 159
----------------------------------------------------------------------------------------------------------------

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

    NMFS updates the list of species and/or stocks incidentally killed 
or injured by fisheries in the Pacific Ocean (Table 1) as follows:
    NMFS adds the Central North Pacific stock of humpback whales to the 
list of species and/or stocks killed or injured in the Category III HI 
crab trap fishery.
    NMFS adds the South Central Alaska stock of northern sea otters to 
the list of species and/or stocks killed or injured in the Category II 
AK Cook Inlet salmon set gillnet fishery and the Category III

[[Page 77928]]

AK Prince William Sound set gillnet fishery.
    NMFS adds the Alaska stock of ringed seals to the list of species 
and/or stocks killed or injured in the Category III AK Bering Sea, 
Aleutian Islands Pacific cod trawl fishery and the Category III AK 
Bering Sea, Aleutian Islands Pacific cod longline fishery.
    NMFS removes the Hawaiian monk seal from the list of species and/or 
stocks killed or injured in the Category III HI bottomfish handline 
fishery (formerly ``HI Main Hawaiian Islands deep-sea bottomfish 
handline'') and the Category III HI lobster trap fishery.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean

Addition of Fisheries

    NMFS adds the following Category III fisheries to the LOF: ``Gulf 
of Maine sea urchin dredge,'' ``Mid-Atlantic blue crab dredge,'' ``Mid-
Atlantic whelk dredge,'' and ``Mid-Atlantic soft shell clam dredge''.

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

    NMFS updates the list of marine mammal species and/or stocks 
incidentally killed or injured in commercial fisheries in the Atlantic, 
Gulf of Mexico, and Caribbean (Table 2) as follows:
    NMFS adds the Canadian East Coast stock of minke whales, the 
Western North Atlantic stock of Kogia species whale (pygmy or dwarf 
sperm whale), and the Western North Atlantic stock of false killer 
whale and removes the Western North Atlantic stock of Northern 
bottlenose whale on the list of species and/or stocks incidentally 
killed or injured by the Category I Atlantic Ocean, Caribbean, Gulf of 
Mexico large pelagics longline fishery.
    NMFS adds the Florida stock of West Indian manatee to the list of 
species and/or stocks incidentally killed or injured by the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery.
    NMFS adds the Northern South Carolina estuarine system stock of 
bottlenose dolphins to the list of the species and/or stocks 
incidentally killed or injured in the Category II Atlantic blue crab 
trap/pot fishery.
    NMFS adds unknown stocks of bottlenose dolphin and renames the 
Central Florida coastal stock and Northern Florida coastal stocks as 
``Bottlenose dolphin, unknown stocks'' on the list of the species and/
or stocks incidentally killed or injured in the Category II 
Southeastern U.S. Atlantic shark gillnet fishery.
    NMFS adds unknown stocks and the Northern North Carolina estuarine 
system stock of bottlenose dolphin and renames the Southern North 
Carolina estuarine system stock and the Southern migratory coastal 
stock as ``Bottlenose dolphin, unknown stock'' on the list of the 
species and/or stocks incidentally killed or injured in the Category II 
North Carolina roe mullet stop net fishery.
    NMFS adds two stocks of bottlenose dolphins, Charleston estuarine 
system and Southern migratory coastal, to the list of the species and/
or stocks incidentally killed or injured in the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery.
    NMFS adds the Northern South Carolina estuarine system stock of 
bottlenose dolphins to the list of species and/or stocks incidentally 
killed or injured in the Category III Southeast Atlantic inshore 
gillnet fishery.
    NMFS adds two stocks of bottlenose dolphins, Choctawhatchee Bay and 
Florida Bay, to the list of species and/or stocks incidentally killed 
or injured in the Category III Atlantic Ocean, Gulf of Mexico, 
Caribbean commercial passenger fishing vessel fishery.
    NMFS removes the Western North Atlantic stock of gray seal from the 
list of species and/or stocks incidentally killed or injured in the 
Category III Gulf of Maine herring and Atlantic mackerel stop seine/
weir fishery.
    NMFS removes the Western North Atlantic stock of long-finned and 
short-finned pilot whales from the list of species and/or stocks 
incidentally killed or injured in the Category I Mid-Atlantic gillnet 
fishery.
    NMFS makes the following typographical corrections to the list of 
marine mammal species and/or stocks incidentally killed or injured: 
Remove Northern migratory coastal stock of bottlenose dolphin from the 
NC roe mullet stop net fishery; add Northern migratory coastal stock of 
bottlenose dolphin to, and remove Southern North Carolina estuarine 
system stock of bottlenose dolphin from, the VA pound net fishery; add 
Gulf of Mexico stock of Gervais beaked whale to the Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline; and corrects a stock 
name listed under the Category III Georgia cannonball jellyfish trawl 
fishery from ``Southern South Carolina/Georgia'' stock of bottlenose 
dolphins to ``SC/GA coastal'' stock.
Commercial Fisheries on the High Seas

Fishery Name and Organizational Changes and Clarification

    NMFS corrects an administrative error and moves the Pacific HMS 
drift gillnet fishery to Category I. As an extension of the Category I 
CA thresher shark/swordfish drift gillnet (>=14 in mesh) fishery, 
Pacific HMS should have been moved to Category I in 2013 when the CA 
fishery was reclassified.

Addition of Fisheries

    NMFS adds the following Category III fisheries to the LOF: 
``Northwest Atlantic trawl'' and ``Northwest Atlantic bottom 
longline.''

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits (Table 3) as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                           Number of  HSFCA    Number of  HSFCA
             Category                              Fishery                  permits  (final     permits  (final
                                                                               2014 LOF)           2015 LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  Atlantic Highly Migratory Species                     84                  83
                                     Longline.
I.................................  Western Pacific Pelagic (HI Deep-set                 124                 128
                                     component).
II................................  South Pacific Tuna Fisheries Purse                    40                  38
                                     Seine.
II................................  Western Pacific Pelagic (HI Shallow-                  28                  18
                                     set component).
II................................  Atlantic Highly Migratory Species                      3                   2
                                     Handline/Pole and Line.
II................................  Pacific Highly Migratory Species                      46                  41
                                     Handline/Pole and Line.
II................................  South Pacific Albacore Troll                           9                   8
                                     Handline/Pole and Line.
II................................  Western Pacific Pelagic Handline/                      5                   3
                                     Pole and Line.
II................................  Atlantic Highly Migratory Species                      4                   2
                                     Troll.
II................................  South Pacific Albacore Troll........                  33                  35
II................................  South Pacific Tuna Fisheries Troll..                   2                   3
II................................  Pacific Highly Migratory Species                       3                   1
                                     Liners Nei.
III...............................  Pacific Highly Migratory Species                     101                 100
                                     Longline.
III...............................  Pacific Highly Migratory Species                       8                   5
                                     Purse Seine.

[[Page 77929]]

 
III...............................  Pacific Highly Migratory Species                     262                 253
                                     Troll.
----------------------------------------------------------------------------------------------------------------

List of Species and/or Stocks Incidentally Killed or Injured in High 
Seas Fisheries

    NMFS updates the list of species and/or stocks incidentally killed 
or injured by fisheries in high seas fisheries (Table 3) as follows:
    NMFS adds the Canadian East Coast stock of minke whales, Kogia 
species whale (pygmy or dwarf sperm whale), Western North Atlantic 
stock of false killer whales, Gulf of Mexico stock of Risso's dolphins, 
Gulf of Mexico oceanic stock of killer whales, and Western North 
Atlantic stock of Pantropical spotted dolphins to the list of species 
incidentally killed or injured by the Category I Atlantic highly 
migratory species longline fishery.

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska); Table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial 
fisheries on the high seas; and Table 4 lists fisheries affected by 
TRPs or TRTs.
    In Tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort, such as for many of the Mid-Atlantic and 
New England fisheries. However, in these cases, the numbers represent 
the potential effort for each fishery, given the multiple gear types 
for which several state permits may allow. Changes made to Mid-Atlantic 
and New England fishery participants will not affect observer coverage 
or bycatch estimates, as observer coverage and bycatch estimates are 
based on vessel trip reports and landings data. Table 1 and 2 serve to 
provide a description of the fishery's potential effort (state and 
Federal). If NMFS is able to extract more accurate information on the 
gear types used by state permit holders in the future, the numbers will 
be updated to reflect this change. For additional information on 
fishing effort in fisheries found on Table 1 or 2, contact the relevant 
regional office (contact information included above in SUPPLEMENTARY 
INFORMATION).
    For high seas fisheries, Table 3 lists the number of valid HSFCA 
permits currently held. Although this likely overestimates the number 
of active participants in many of these fisheries, the number of valid 
HSFCA permits is the most reliable data on the potential effort in high 
seas fisheries at this time. As noted previously in this rule, the 
number of HSFCA permits listed in Table 3 for the high seas components 
of fisheries that also operate within U.S. waters does not necessarily 
represent additional effort that is not accounted for in Tables 1 and 
2. Many vessels holding HSFCA permits also fish within U.S. waters and 
are included in the number of vessels and participants operating within 
those fisheries in Tables 1 and 2.
    Tables 1, 2, and 3 also list the marine mammal species and/or 
stocks incidentally killed or injured (seriously or non-seriously) in 
each fishery based on SARs, injury determination reports, bycatch 
estimation reports, observer data, logbook data, stranding data, 
disentanglement network data, fisher self-reports (i.e. MMPA reports), 
and anecdotal reports. The best available scientific information 
included in these reports is based on data through 2011. This list 
includes all species and/or stocks known to be killed or injured in a 
given fishery but also includes species and/or stocks for which there 
are anecdotal records of a mortality or injury. Additionally, species 
identified by logbook entries, stranding data, or fishermen self-
reports (i.e., MMPA reports) may not be verified. In Tables 1 and 2, 
NMFS has designated those species/stocks driving a fishery's 
classification (i.e., the fishery is classified based on mortalities 
and serious injuries of a marine mammal stock that are greater than or 
equal to 50 percent [Category I], or greater than 1 percent and less 
than 50 percent [Category II], of a stock's PBR) by a ``\1\'' after the 
stock's name.
    In Tables 1 and 2, there are several fisheries classified as 
Category II that have no recent documented mortalities or serious 
injuries of marine mammals, or fisheries that did not result in a 
mortality or serious injury rate greater than 1 percent of a stock's 
PBR level based on known interactions. NMFS has classified these 
fisheries by analogy to other Category I or II fisheries that use 
similar fishing techniques or gear that are known to cause mortality or 
serious injury of marine mammals, as discussed in the final LOF for 
1996 (60 FR 67063, December 28, 1995), and according to factors listed 
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e., 
fishing techniques, gear used, methods used to deter marine mammals, 
target species, seasons and areas fished, qualitative data from 
logbooks or fisher reports, stranding data, and the species and 
distribution of marine mammals in the area). NMFS has designated those 
fisheries listed by analogy in Tables 1 and 2 by a ``\2\'' after the 
fishery's name.
    There are several fisheries in Tables 1, 2, and 3 in which a 
portion of the fishing vessels cross the EEZ boundary and therefore 
operate both within U.S. waters and on the high seas. These fisheries, 
though listed separately between Table 1 or 2 and Table 3, are 
considered the same fishery on either side of the EEZ boundary. NMFS 
has designated those fisheries in each table by a ``*'' after the 
fishery's name.

[[Page 77930]]



                      Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
----------------------------------------------------------------------------------------------------------------
                                                    Estimated
                                                    Number of          Marine mammal species and/or  stocks
              Fishery description                   vessels/              incidentally killed or injured
                                                     persons
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY I
----------------------------------------------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
    HI deep-set longline * [caret].............             128  Bottlenose dolphin, HI Pelagic.
                                                                 False killer whale, MHI Insular.
                                                                 False killer whale, HI Pelagic.\1\
                                                                 False killer whale, Palmyra Atoll.
                                                                 Pantropical spotted dolphin, HI.
                                                                 Risso's dolphin, HI.
                                                                 Short-finned pilot whale, HI.
                                                                 Sperm whale, HI.
                                                                 Striped dolphin, HI.
GILLNET FISHERIES:
    CA thresher shark/swordfish drift gillnet                19  Bottlenose dolphin, CA/OR/WA offshore.
     (>=14 in mesh) *.                                           California sea lion, U.S.
                                                                 Humpback whale, CA/OR/WA.
                                                                 Long-beaked common dolphin, CA.
                                                                 Minke whale, CA/OR/WA.
                                                                 Northern elephant seal, CA breeding.
                                                                 Northern right-whale dolphin, CA/OR/WA.
                                                                 Pacific white-sided dolphin, CA/OR/WA.
                                                                 Risso's dolphin, CA/OR/WA.
                                                                 Short-beaked common dolphin, CA/OR/WA.
                                                                 Sperm Whale, CA/OR/WA.\1\
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY II
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
    CA halibut/white seabass and other species               50  California sea lion, U.S.
     set gillnet (>3.5 in mesh).                                 Harbor seal, CA.
                                                                 Humpback whale, CA/OR/WA.\1\
                                                                 Long-beaked common dolphin, CA.
                                                                 Northern elephant seal, CA breeding.
                                                                 Sea otter, CA.
                                                                 Short-beaked common dolphin, CA/OR/WA.
    CA yellowtail, barracuda, and white seabass              30  California sea lion, U.S.
     drift gillnet (mesh size >=3.5 in and <14                   Long-beaked common dolphin, CA.
     in) \2\.                                                    Short-beaked common dolphin, CA/OR/WA.
    AK Bristol Bay salmon drift gillnet \2\....           1,862  Beluga whale, Bristol Bay.
                                                                 Gray whale, Eastern North Pacific.
                                                                 Harbor seal, Bering Sea.
                                                                 Northern fur seal, Eastern Pacific.
                                                                 Pacific white-sided dolphin, North Pacific.
                                                                 Spotted seal, AK.
                                                                 Steller sea lion, Western U.S.
    AK Bristol Bay salmon set gillnet \2\......             979  Beluga whale, Bristol Bay.
                                                                 Gray whale, Eastern North Pacific.
                                                                 Harbor seal, Bering Sea.
                                                                 Northern fur seal, Eastern Pacific.
                                                                 Spotted seal, AK.
    AK Kodiak salmon set gillnet...............             188  Harbor porpoise, GOA.\1\
                                                                 Harbor seal, GOA.
                                                                 Sea otter, Southwest AK.
                                                                 Steller sea lion, Western U.S.
    AK Cook Inlet salmon set gillnet...........             736  Beluga whale, Cook Inlet.
                                                                 Dall's porpoise, AK.
                                                                 Harbor porpoise, GOA.
                                                                 Harbor seal, GOA.
                                                                 Humpback whale, Central North Pacific.\1\
                                                                 Sea otter, South Central AK.
                                                                 Steller sea lion, Western U.S.
    AK Cook Inlet salmon drift gillnet.........             569  Beluga whale, Cook Inlet.
                                                                 Dall's porpoise, AK.
                                                                 Harbor porpoise, GOA.\1\
                                                                 Harbor seal, GOA.
                                                                 Steller sea lion, Western U.S.

[[Page 77931]]

 
    AK Peninsula/Aleutian Islands salmon drift              162  Dall's porpoise, AK.
     gillnet \2\.                                                Harbor porpoise, GOA.
                                                                 Harbor seal, GOA.
                                                                 Northern fur seal, Eastern Pacific.
    AK Peninsula/Aleutian Islands salmon set                113  Harbor porpoise, Bering Sea.
     gillnet \2\.                                                Steller sea lion, Western U.S.
    AK Prince William Sound salmon drift                    537  Dall's porpoise, AK.
     gillnet.                                                    Harbor porpoise, GOA.\1\
                                                                 Harbor seal, GOA.
                                                                 Northern fur seal, Eastern Pacific.
                                                                 Pacific white-sided dolphin, North Pacific.
                                                                 Sea otter, South Central AK.
                                                                 Steller sea lion, Western U.S.\1\
    AK Southeast salmon drift gillnet..........             474  Dall's porpoise, AK.
                                                                 Harbor porpoise, Southeast AK.
                                                                 Harbor seal, Southeast AK.
                                                                 Humpback whale, Central North Pacific.\1\
                                                                 Pacific white-sided dolphin, North Pacific.
                                                                 Steller sea lion, Eastern U.S.
    AK Yakutat salmon set gillnet \2\..........             168  Gray whale, Eastern North Pacific.
                                                                 Harbor Porpoise, Southeastern AK.
                                                                 Harbor seal, Southeast AK.
                                                                 Humpback whale, Central North Pacific
                                                                  (Southeast AK).
    WA Puget Sound Region salmon drift gillnet              210  Dall's porpoise, CA/OR/WA.
     (includes all inland waters south of US-                    Harbor porpoise, inland WA.\1\
     Canada border and eastward of the Bonilla-                  Harbor seal, WA inland.
     Tatoosh line-Treaty Indian fishing is
     excluded).
PURSE SEINE FISHERIES:
    AK Cook Inlet salmon purse seine...........              83  Humpback whale, Central North Pacific.\1\
    AK Kodiak salmon purse seine...............             376  Humpback whale, Central North Pacific.\1\
TRAWL FISHERIES:
    AK Bering Sea, Aleutian Islands flatfish                 32  Bearded seal, AK.
     trawl.                                                      Gray whale, Eastern North Pacific.
                                                                 Harbor porpoise, Bering Sea.
                                                                 Harbor seal, Bering Sea.
                                                                 Humpback whale, Western North Pacific.\1\
                                                                 Killer whale, AK resident.\1\
                                                                 Killer whale, GOA, AI, BS transient.\1\
                                                                 Northern fur seal, Eastern Pacific.
                                                                 Ringed seal, AK.
                                                                 Ribbon seal, AK.
                                                                 Spotted seal, AK.
                                                                 Steller sea lion, Western U.S.\1\
                                                                 Walrus, AK.
    AK Bering Sea, Aleutian Islands pollock                 102  Bearded Seal, AK.
     trawl.                                                      Dall's porpoise, AK.
                                                                 Harbor seal, AK.
                                                                 Humpback whale, Central North Pacific.
                                                                 Humpback whale, Western North Pacific.
                                                                 Northern fur seal, Eastern Pacific.
                                                                 Ribbon seal, AK.
                                                                 Ringed seal, AK.
                                                                 Spotted seal, AK.
                                                                 Steller sea lion, Western U.S.\1\
    AK Bering Sea, Aleutian Islands rockfish                 17  Killer whale, ENP AK resident.\1\
     trawl.                                                      Killer whale, GOA, AI, BS transient.\1\
POT, RING NET, AND TRAP FISHERIES:
    CA spot prawn pot..........................              28  Gray whale, Eastern North Pacific.
                                                                 Humpback whale, CA/OR/WA.\1\
    CA Dungeness crab pot......................             570  Gray whale, Eastern North Pacific.
                                                                 Humpback whale, CA/OR/WA.\1\
    OR Dungeness crab pot......................             433  Gray whale, Eastern North Pacific.
                                                                 Humpback whale, CA/OR/WA.\1\
    WA/OR/CA sablefish pot.....................             309  Humpback whale, CA/OR/WA.\1\
    WA coastal Dungeness crab pot..............             228  Gray whale, Eastern North Pacific
                                                                 Humpback whale, CA/OR/WA.\1\
LONGLINE/SET LINE FISHERIES:

[[Page 77932]]

 
    HI shallow-set longline * [caret]..........              18  Blainville's beaked whale, HI.
                                                                 Bottlenose dolphin, HI Pelagic.
                                                                 False killer whale, HI Pelagic.\1\
                                                                 Humpback whale, Central North Pacific.
                                                                 Kogia spp. whale (Pygmy or dwarf sperm whale),
                                                                  HI.
                                                                 Risso's dolphin, HI.
                                                                 Short-finned pilot whale, HI.
                                                                 Striped dolphin, HI.
    American Samoa longline \2\................              25  Bottlenose dolphin, unknown.
                                                                 Cuvier's beaked whale, unknown.
                                                                 False killer whale, American Samoa.
                                                                 Rough-toothed dolphin, American Samoa.
                                                                 Short-finned pilot whale, unknown.
    HI shortline \2\...........................               6  None documented.
----------------------------------------------------------------------------------------------------------------
                                                  CATEGORY III
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon, Norton Sound, Kotzebue           1,778  Harbor porpoise, Bering Sea.
     salmon gillnet.
    AK miscellaneous finfish set gillnet.......              54  Steller sea lion, Western U.S.
    AK Prince William Sound salmon set gillnet.              29  Harbor seal, GOA.
                                                                 Sea otter, South Central AK.
                                                                 Steller sea lion, Western U.S.
    AK roe herring and food/bait herring                    920  None documented.
     gillnet.
    CA set gillnet (mesh size <3.5 in).........             304  None documented.
    HI inshore gillnet.........................              42  Bottlenose dolphin, HI.
                                                                 Spinner dolphin, HI.
    WA Grays Harbor salmon drift gillnet                     24  Harbor seal, OR/WA coast.
     (excluding treaty Tribal fishing).
    WA/OR herring, smelt, shad, sturgeon,                   913  None documented.
     bottom fish, mullet, perch, rockfish
     gillnet.
    WA/OR lower Columbia River (includes                    110  California sea lion, U.S.
     tributaries) drift gillnet.                                 Harbor seal, OR/WA coast.
    WA Willapa Bay drift gillnet...............              82  Harbor seal, OR/WA coast.
                                                                 Northern elephant seal, CA breeding.
MISCELLANEOUS NET FISHERIES:
    AK Southeast salmon purse seine............             315  None documented in the most recent 5 years of
                                                                  data.
    AK Metlakatla salmon purse seine...........              10  None documented.
    AK miscellaneous finfish beach seine.......               2  None documented.
    AK miscellaneous finfish purse seine.......               2  None documented.
    AK octopus/squid purse seine...............               0  None documented.
    AK roe herring and food/bait herring beach               10  None documented.
     seine.
    AK roe herring and food/bait herring purse              356  None documented.
     seine.
    AK salmon beach seine......................              31  None documented.
    AK salmon purse seine (excluding salmon                 936  Harbor seal, GOA.
     purse seine fisheries listed as Category
     II).
    CA anchovy, mackerel, sardine purse seine..              65  California sea lion, U.S.
                                                                 Harbor seal, CA.
    CA squid purse seine.......................              80  Long-beaked common dolphin, CA
                                                 ..............  Short-beaked common dolphin, CA/OR/WA.
    CA tuna purse seine *......................              10  None documented.
    WA/OR sardine purse seine..................              42  None documented.
    WA (all species) beach seine or drag seine.             235  None documented.
    WA/OR herring, smelt, squid purse seine or              130  None documented.
     lampara.
    WA salmon purse seine......................              75  None documented.
    WA salmon reef net.........................              11  None documented.
    HI lift net................................              21  None documented.
    HI inshore purse seine.....................              <3  None documented.
    HI throw net, cast net.....................              20  None documented.
    HI seine net...............................              21  None documented.
DIP NET FISHERIES:
    CA squid dip net...........................             115  None documented.
    WA/OR smelt, herring dip net...............             119  None documented.
MARINE AQUACULTURE FISHERIES:
    CA marine shellfish aquaculture............         Unknown  None documented.
    CA salmon enhancement rearing pen..........              >1  None documented.
    CA white seabass enhancement net pens......              13  California sea lion, U.S.
    HI offshore pen culture....................               2  None documented.

[[Page 77933]]

 
    WA/OR salmon net pens......................              14  California sea lion, U.S.
                                                                 Harbor seal, WA inland waters.
TROLL FISHERIES:
    AK North Pacific halibut, AK bottom fish,             1,320  None documented.
     WA/OR/CA albacore, groundfish, bottom             (180 AK)
     fish, CA halibut non-salmonid troll
     fisheries *.
    AK salmon troll............................           1,908  Steller sea lion, Eastern U.S.
                                                                 Steller sea lion, Western U.S.
    American Samoa tuna troll..................               7  None documented.
    CA/OR/WA salmon troll......................           4,300  None documented.
    HI troll...................................           1,755  Pantropical spotted dolphin, HI.
    HI rod and reel............................             221  None documented.
    Commonwealth of the Northern Mariana                     40  None documented.
     Islands tuna troll.
    Guam tuna troll............................             432  None documented.
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian Islands Pacific cod              45  Dall's Porpoise, AK.
     longline.                                                   Northern fur seal, Eastern Pacific.
                                                                 Ringed seal, AK.
    AK Bering Sea, Aleutian Islands rockfish                  3  None documented.
     longline.
    AK Bering Sea, Aleutian Islands Greenland                 4  Killer whale, AK resident.
     turbot longline.
    AK Bering Sea, Aleutian Islands sablefish                22  None documented.
     longline.
    AK Gulf of Alaska halibut longline.........             855  None documented.
    AK Gulf of Alaska Pacific cod longline.....              92  Steller sea lion, Western U.S.
    AK Gulf of Alaska rockfish longline........              25  None documented.
    AK Gulf of Alaska sablefish longline.......             295  Sperm whale, North Pacific.
    AK halibut longline/set line (state and               2,197  None documented in the most recent 5 years of
     Federal waters).                                             data.
    AK octopus/squid longline..................               3  None documented.
    AK state-managed waters longline/setline                464  None documented.
     (including sablefish, rockfish, lingcod,
     and miscellaneous finfish).
    WA/OR/CA groundfish, bottomfish longline/               367  Bottlenose dolphin, CA/OR/WA offshore.
     set line.
    WA/OR Pacific halibut longline.............             350  None documented.
    CA pelagic longline........................               1  None documented in the most recent 5 years of
                                                                  data.
    HI kaka line...............................              24  None documented.
    HI vertical line...........................               6  None documented.
TRAWL FISHERIES:
    AK Bering Sea, Aleutian Islands Atka                     13  Ribbon seal, AK.
     mackerel trawl.                                             Steller sea lion, Western U.S.
    AK Bering Sea, Aleutian Islands Pacific cod              72  Ringed seal, AK.
     trawl.                                                      Steller sea lion, Western U.S.
    AK Gulf of Alaska flatfish trawl...........              36  Northern elephant seal, North Pacific.
    AK Gulf of Alaska Pacific cod trawl........              55  Steller sea lion, Western U.S.
    AK Gulf of Alaska pollock trawl............              67  Dall's porpoise, AK.
                                                                 Fin whale, Northeast Pacific.
                                                                 Northern elephant seal, North Pacific.
                                                                 Steller sea lion, Western U.S.
    AK Gulf of Alaska rockfish trawl...........              43  None documented.
    AK food/bait herring trawl.................               4  None documented.
    AK miscellaneous finfish otter/beam trawl..             282  None documented.
    AK shrimp otter trawl and beam trawl                     38  None documented.
     (statewide and Cook Inlet).
    AK state-managed waters of Cook Inlet,                    2  None documented.
     Kachemak Bay, Prince William Sound,
     Southeast AK groundfish trawl.
    CA halibut bottom trawl....................              53  None documented.
    WA/OR/CA shrimp trawl......................             300  None documented.
    WA/OR/CA groundfish trawl..................         160-180  California sea lion, U.S.
                                                                 Dall's porpoise, CA/OR/WA.
                                                                 Harbor seal, OR/WA coast.
                                                                 Northern fur seal, Eastern Pacific.
                                                                 Pacific white-sided dolphin, CA/OR/WA.
                                                                 Steller sea lion, Eastern U.S.
POT, RING NET, AND TRAP FISHERIES:
    AK statewide miscellaneous finfish pot.....               4  None documented.
    AK Aleutian Islands sablefish pot..........               4  None documented.
    AK Bering Sea, Aleutian Islands Pacific cod              59  None documented.
     pot.
    AK Bering Sea, Aleutian Islands crab pot...             540  Gray whale, Eastern North Pacific.
    AK Bering Sea sablefish pot................               2  None documented.
    AK Gulf of Alaska crab pot.................             381  None documented.
    AK Gulf of Alaska Pacific cod pot..........             128  Harbor seal, GOA.
    AK Southeast Alaska crab pot...............              41  Humpback whale, Central North Pacific
                                                                  (Southeast AK).

[[Page 77934]]

 
    AK Southeast Alaska shrimp pot.............             269  Humpback whale, Central North Pacific
                                                                  (Southeast AK).
    AK shrimp pot, except Southeast............             236  None documented.
    AK octopus/squid pot.......................              26  None documented.
    AK snail pot...............................               1  None documented.
    CA/OR coonstripe shrimp pot................              10  Gray whale, Eastern North Pacific
                                                                 Harbor seal, CA.
    CA rock crab pot...........................             150  Gray whale, Eastern North Pacific
                                                                 Harbor seal, CA.
    CA spiny lobster...........................             198  Gray whale, Eastern North Pacific.
    WA/OR/CA hagfish pot.......................              54  None documented.
    WA/OR shrimp pot/trap......................             254  None documented.
    WA Puget Sound Dungeness crab pot/trap.....             249  None documented.
    HI crab trap...............................               7  Humpback whale, Central North Pacific.
    HI fish trap...............................               5  None documented.
    HI lobster trap............................              <3  None documented in recent years.
    HI shrimp trap.............................               6  None documented.
    HI crab net................................               4  None documented.
    HI Kona crab loop net......................              35  None documented.
HOOK-AND-LINE, HANDLINE, AND JIG FISHERIES:
    AK miscellaneous finfish handline/hand                  456  None documented.
     troll and mechanical jig.
    AK North Pacific halibut handline/hand                  180  None documented.
     troll and mechanical jig.
    AK octopus/squid handline..................               7  None documented.
    American Samoa bottomfish..................              14  None documented.
    Commonwealth of the Northern Mariana                     28  None documented.
     Islands bottomfish.
    Guam bottomfish............................            >300  None documented.
    HI aku boat, pole, and line................              <3  None documented.
    HI bottomfish handline.....................             578  None documented in recent years.
    HI inshore handline........................             376  None documented.
    HI pelagic handline........................             484  None documented.
    WA groundfish, bottomfish jig..............             679  None documented.
    Western Pacific squid jig..................              <3  None documented.
HARPOON FISHERIES:
    CA swordfish harpoon.......................              30  None documented.
POUND NET/WEIR FISHERIES:
    AK herring spawn on kelp pound net.........             409  None documented.
    AK Southeast herring roe/food/bait pound                  2  None documented.
     net.
    HI bullpen trap............................              <3  None documented.
BAIT PENS:
    WA/OR/CA bait pens.........................              13  California sea lion, U.S.
DREDGE FISHERIES:
    Alaska scallop dredge......................      108 (5 AK)  None documented.
DIVE, HAND/MECHANICAL COLLECTION FISHERIES:
    AK abalone.................................               0  None documented.
    AK clam....................................             130  None documented.
    AK Dungeness crab..........................               2  None documented.
    AK herring spawn on kelp...................             339  None documented.
    AK urchin and other fish/shellfish.........             398  None documented
    CA sea urchin..............................             583  None documented.
    HI black coral diving......................              <3  None documented.
    HI fish pond...............................               5  None documented.
    HI handpick................................              58  None documented.
    HI lobster diving..........................              23  None documented.
    HI spearfishing............................             159  None documented.
    WA/CA kelp.................................               4  None documented.
    WA/OR sea urchin, other clam, octopus,                  637  None documented.
     oyster, sea cucumber, scallop, ghost
     shrimp hand, dive, or mechanical
     collection.
    WA shellfish aquaculture...................             684  None documented.
COMMERCIAL PASSENGER FISHING VESSEL (CHARTER
 BOAT) FISHERIES:
    AK/WA/OR/CA commercial passenger fishing             >7,000  Killer whale, unknown.
     vessel.                                         (2,702 AK)  Steller sea lion, Eastern U.S.
                                                                 Steller sea lion, Western U.S.
LIVE FINFISH/SHELLFISH FISHERIES:
    CA nearshore finfish live trap/hook-and-                 93  None documented.
     line.

[[Page 77935]]

 
    HI aquarium collecting.....................              90  None documented.
----------------------------------------------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--
  California; ENP--Eastern North Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main Hawaiian Islands; OR--
  Oregon; WA--Washington; \1\ Fishery classified based on mortalities and serious injuries of this stock, which
  are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent
  (Category II) of the stock's PBR; \2\ Fishery classified by analogy; * Fishery has an associated high seas
  component listed in Table 3; [caret] The list of marine mammal species and/or stocks killed or injured in this
  fishery is identical to the list of species and/or stocks killed or injured in high seas component of the
  fishery, minus species and/or stocks 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
----------------------------------------------------------------------------------------------------------------
                                                    Estimated
                                                    Number of          Marine mammal species and/or  stocks
              Fishery description                   vessels/              incidentally killed or injured
                                                     persons
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY I
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
    Mid-Atlantic gillnet.......................           5,509  Bottlenose dolphin, Northern Migratory
                                                                  coastal.\1\
                                                                 Bottlenose dolphin, Southern Migratory
                                                                  coastal.\1\
                                                                 Bottlenose dolphin, Northern NC estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Southern NC estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, WNA offshore.
                                                                 Common dolphin, WNA.
                                                                 Gray seal, WNA.
                                                                 Harbor porpoise, GME/BF.
                                                                 Harbor seal, WNA.
                                                                 Harp seal, WNA.
                                                                 Humpback whale, Gulf of Maine.
                                                                 Minke whale, Canadian east coast.
                                                                 Risso's dolphin, WNA.
                                                                 White-sided dolphin, WNA.
    Northeast sink gillnet.....................           4,375  Bottlenose dolphin, WNA offshore.
                                                                 Common dolphin, WNA.
                                                                 Fin whale, WNA.
                                                                 Gray seal, WNA.
                                                                 Harbor porpoise, GME/BF.\1\
                                                                 Harbor seal, WNA.
                                                                 Harp seal, WNA.
                                                                 Hooded seal, WNA.
                                                                 Humpback whale, Gulf of Maine.
                                                                 Long-finned Pilot whale, WNA.
                                                                 Minke whale, Canadian east coast.
                                                                 North Atlantic right whale, WNA.
                                                                 Risso's dolphin, WNA.
                                                                 Short-finned Pilot whale, WNA.
                                                                 White-sided dolphin, WNA.
TRAP/POT FISHERIES:
    Northeast/Mid-Atlantic American lobster              11,693  Harbor seal, WNA.
     trap/pot.
                                                                 Humpback whale, Gulf of Maine.
                                                                 Minke whale, Canadian east coast.
                                                                 North Atlantic right whale, WNA.\1\
LONGLINE FISHERIES:
    Atlantic Ocean, Caribbean, Gulf of Mexico               420  Atlantic spotted dolphin, GMX continental and
     large pelagics longline *.                                   oceanic.
                                                                 Atlantic spotted dolphin, WNA.
                                                                 Bottlenose dolphin, Northern GMX oceanic.
                                                                 Bottlenose dolphin, WNA offshore.
                                                                 Common dolphin, WNA.
                                                                 Cuvier's beaked whale, WNA.
                                                                 False killer whale, WNA.
                                                                 Gervais beaked whale, GMX.
                                                                 Killer whale, GMX oceanic.
                                                                 Kogia spp. (Pygmy or dwarf sperm whale), WNA.
                                                                 Long-finned pilot whale, WNA.\1\
                                                                 Mesoplodon beaked whale, WNA.
                                                                 Minke whale, Canadian East coast.

[[Page 77936]]

 
                                                                 Pantropical spotted dolphin, Northern GMX.
                                                                 Pantropical spotted dolphin, WNA.
                                                                 Risso's dolphin, Northern GMX.
                                                                 Risso's dolphin, WNA.
                                                                 Short-finned pilot whale, Northern GMX.
                                                                 Short-finned pilot whale, WNA.\1\
                                                                 Sperm whale, GMX oceanic.
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY II
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
    Chesapeake Bay inshore gillnet \2\.........           1,126  None documented in the most recent 5 years of
                                                                  data.
    Gulf of Mexico gillnet \2\.................             724  Bottlenose dolphin, GMX bay, sound, and
                                                                  estuarine.
                                                                 Bottlenose dolphin, Northern GMX coastal.
                                                                 Bottlenose dolphin, Western GMX coastal.
    NC inshore gillnet.........................           1,323  Bottlenose dolphin, Northern NC estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Southern NC estuarine
                                                                  system.\1\
    Northeast anchored float gillnet.\2\.......             421  Harbor seal, WNA.
                                                                 Humpback whale, Gulf of Maine.
                                                                 White-sided dolphin, WNA.
    Northeast drift gillnet \2\................             311  None documented.
    Southeast Atlantic gillnet \2\.............             357  Bottlenose dolphin, Central FL coastal.
                                                                 Bottlenose dolphin, Northern FL coastal.
                                                                 Bottlenose dolphin, SC/GA coastal.
                                                                 Bottlenose dolphin, Southern migratory coastal.
    Southeastern U.S. Atlantic shark gillnet...              30  Bottlenose dolphin, unknown (Central FL,
                                                                  Northern FL, SC/GA coastal, or Southern
                                                                  migratory coastal).
                                                                 North Atlantic right whale, WNA.
TRAWL FISHERIES:
    Mid-Atlantic mid-water trawl (including                 322  Common dolphin, WNA.
     pair trawl).
                                                                 Long-finned pilot whale, WNA.
                                                                 Risso's dolphin, WNA.
                                                                 Short-finned pilot whale, WNA.
                                                                 White-sided dolphin, WNA.\1\
    Mid-Atlantic bottom trawl..................             631  Bottlenose dolphin, WNA offshore.
                                                                 Common dolphin, WNA.\1\
                                                                 Gray seal, WNA.
                                                                 Harbor seal, WNA.
                                                                 Long-finned pilot whale, WNA.\1\
                                                                 Risso's dolphin, WNA.\1\
                                                                 Short-finned pilot whale, WNA.\1\
                                                                 White-sided dolphin, WNA.
    Northeast mid-water trawl (including pair             1,103  Gray seal, WNA.
     trawl).
                                                                 Harbor seal, WNA.
                                                                 Long-finned pilot whale, WNA.\1\
                                                                 Short-finned pilot whale, WNA.\1\
                                                                 Common dolphin, WNA.
                                                                 White-sided dolphin, WNA.
    Northeast bottom trawl.....................           2,987  Bottlenose dolphin, WNA offshore.
                                                                 Common dolphin, WNA.
                                                                 Gray seal, WNA.
                                                                 Harbor porpoise, GME/BF
                                                                 Harbor seal, WNA.
                                                                 Harp seal, WNA.
                                                                 Long-finned pilot whale, WNA.
                                                                 Minke whale, Canadian East Coast.
                                                                 Short-finned pilot whale, WNA.
                                                                 White-sided dolphin, WNA.\1\
    Southeastern U.S. Atlantic, Gulf of Mexico            4,950  Atlantic spotted dolphin, GMX continental and
     shrimp trawl.                                                oceanic.
                                                                 Bottlenose dolphin, Charleston estuarine
                                                                  system.
                                                                 Bottlenose dolphin, Eastern GMX coastal.\1\
                                                                 Bottlenose dolphin, GMX bay, sound,
                                                                  estuarine.\1\
                                                                 Bottlenose dolphin, GMX continental shelf.
                                                                 Bottlenose dolphin, Northern GMX coastal.
                                                                 Bottlenose dolphin, SC/GA coastal.\1\
                                                                 Bottlenose dolphin, Southern migratory coastal.
                                                                 Bottlenose dolphin, Western GMX coastal.\1\
                                                                 West Indian manatee, Florida.

[[Page 77937]]

 
TRAP/POT FISHERIES:
    Southeastern U.S. Atlantic, Gulf of Mexico            1,282  Bottlenose dolphin, Biscayne Bay estuarine.
     stone crab trap/pot \2\.
                                                                 Bottlenose dolphin, Central FL coastal.
                                                                 Bottlenose dolphin, Eastern GMX coastal.
                                                                 Bottlenose dolphin, FL Bay.
                                                                 Bottlenose dolphin, GMX bay, sound, estuarine
                                                                  (FL west coast portion).
                                                                 Bottlenose dolphin, Indian River Lagoon
                                                                  estuarine system.
                                                                 Bottlenose dolphin, Jacksonville estuarine
                                                                  system.
                                                                 Bottlenose dolphin, Northern GMX coastal.
    Atlantic mixed species trap/pot \2\........           3,467  Fin whale, WNA.
                                                                 Humpback whale, Gulf of Maine.
    Atlantic blue crab trap/pot................           8,557  Bottlenose dolphin, Central FL coastal.\1\
                                                                 Bottlenose dolphin, Charleston estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Indian River Lagoon
                                                                  estuarine system.\1\
                                                                 Bottlenose dolphin, Jacksonville estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Northern FL coastal.\1\
                                                                 Bottlenose dolphin, Northern GA/Southern SC
                                                                  estuarine system.\1\
                                                                 Bottlenose dolphin, Northern Migratory
                                                                  coastal.\1\
                                                                 Bottlenose dolphin, Northern NC estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Northern SC estuarine
                                                                  system.
                                                                 Bottlenose dolphin, SC/GA coastal.\1\
                                                                 Bottlenose dolphin, Southern GA estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Southern Migratory
                                                                  coastal.\1\
                                                                 Bottlenose dolphin, Southern NC estuarine
                                                                  system.\1\
                                                                 West Indian manatee, FL.\1\
PURSE SEINE FISHERIES:
    Gulf of Mexico menhaden purse seine........           40-42  Bottlenose dolphin, GMX bay, sound, estuarine.
                                                                 Bottlenose dolphin, Northern GMX coastal.\1\
                                                                 Bottlenose dolphin, Western GMX coastal.\1\
    Mid-Atlantic menhaden purse seine \2\......               5  Bottlenose dolphin, Northern Migratory coastal.
                                                                 Bottlenose dolphin, Southern Migratory coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach seine..............             565  Bottlenose dolphin, Northern Migratory
                                                                  coastal.\1\
                                                                 Bottlenose dolphin, Northern NC estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Southern Migratory
                                                                  coastal.\1\
    NC long haul seine.........................             372  Bottlenose dolphin, Northern NC estuarine
                                                                  system.\1\
                                                                 Bottlenose dolphin, Southern NC estuarine
                                                                  system.
STOP NET FISHERIES:
    NC roe mullet stop net.....................              13  Bottlenose dolphin, Northern NC estuarine
                                                                  system.
                                                                 Bottlenose dolphin, unknown (Southern migratory
                                                                  coastal or Southern NC estuarine system).
POUND NET FISHERIES:
    VA pound net...............................              67  Bottlenose dolphin, Northern migratory coastal.
                                                                 Bottlenose dolphin, Northern NC estuarine
                                                                  system.
                                                                 Bottlenose dolphin, Southern Migratory
                                                                  coastal.\1\
----------------------------------------------------------------------------------------------------------------
                                                  CATEGORY III
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
    Caribbean gillnet..........................            >991  None documented in the most recent 5 years of
                                                                  data.
    DE River inshore gillnet...................         Unknown  None documented in the most recent 5 years of
                                                                  data.
    Long Island Sound inshore gillnet..........         Unknown  None documented in the most recent 5 years of
                                                                  data.
    RI, southern MA (to Monomoy Island), and NY         Unknown  None documented in the most recent 5 years of
     Bight (Raritan and Lower NY Bays) inshore                    data.
     gillnet.
    Southeast Atlantic inshore gillnet.........         Unknown  Bottlenose dolphin, Northern SC estuarine
                                                                  system.
TRAWL FISHERIES:
    Atlantic shellfish bottom trawl............             >58  None documented.
    Gulf of Mexico butterfish trawl............               2  Bottlenose dolphin, Northern GMX oceanic.
                                                                 Bottlenose dolphin, Northern GMX continental
                                                                  shelf.
    Gulf of Mexico mixed species trawl.........              20  None documented.
    GA cannonball jellyfish trawl..............               1  Bottlenose dolphin, SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
    Finfish aquaculture........................              48  Harbor seal, WNA.
    Shellfish aquaculture......................         Unknown  None documented.
PURSE SEINE FISHERIES:

[[Page 77938]]

 
    Gulf of Maine Atlantic herring purse seine.              >7  Harbor seal, WNA.
                                                                 Gray seal, WNA.
    Gulf of Maine menhaden purse seine.........              >2  None documented.
    FL West Coast sardine purse seine..........              10  Bottlenose dolphin, Eastern GMX coastal.
    U.S. Atlantic tuna purse seine *...........               5  Long-finned pilot whale, WNA.
                                                                 Short-finned pilot whale, WNA.
LONGLINE/HOOK-AND-LINE FISHERIES:
    Northeast/Mid-Atlantic bottom longline/hook-         >1,207  None documented.
     and-line.
    Gulf of Maine, U.S. Mid-Atlantic tuna,                  428  Bottlenose dolphin, WNA offshore.
     shark swordfish hook-and-line/harpoon.
                                                                 Humpback whale, Gulf of Maine.
    Southeastern U.S. Atlantic, Gulf of Mexico,          >5,000  Bottlenose dolphin, GMX continental shelf.
     and Caribbean snapper-grouper and other
     reef fish bottom longline/hook-and-line.
    Southeastern U.S. Atlantic, Gulf of Mexico             <125  Bottlenose dolphin, Eastern GMX coastal.
     shark bottom longline/hook-and-line.
                                                                 Bottlenose dolphin, Northern GMX continental
                                                                  shelf.
    Southeastern U.S. Atlantic, Gulf of Mexico,           1,446  None documented.
     and Caribbean pelagic hook-and-line/
     harpoon.
    U.S. Atlantic, Gulf of Mexico trotline.....         Unknown  None documented.
TRAP/POT FISHERIES:
    Caribbean mixed species trap/pot...........            >501  None documented.
    Caribbean spiny lobster trap/pot...........            >197  None documented.
    FL spiny lobster trap/pot..................           1,268  Bottlenose dolphin, Biscayne Bay estuarine
                                                                 Bottlenose dolphin, Central FL coastal.
                                                                 Bottlenose dolphin, Eastern GMX coastal.
                                                                 Bottlenose dolphin, FL Bay estuarine.
    Gulf of Mexico blue crab trap/pot..........           4,113  Bottlenose dolphin, Eastern GMX coastal.
                                                                 Bottlenose dolphin, GMX bay, sound, estuarine.
                                                                 Bottlenose dolphin, Northern GMX coastal.
                                                                 Bottlenose dolphin, Western GMX coastal.
                                                                 West Indian manatee, FL.
    Gulf of Mexico mixed species trap/pot......         Unknown  None documented.
    Southeastern U.S. Atlantic, Gulf of Mexico               10  None documented.
     golden crab trap/pot.
    U.S. Mid-Atlantic eel trap/pot.............         Unknown  None documented.
STOP SEINE/WEIR/POUND NET/FLOATING TRAP
 FISHERIES:
    Gulf of Maine herring and Atlantic mackerel              >1  Harbor porpoise, GME/BF.
     stop seine/weir.
                                                                 Harbor seal, WNA.
                                                                 Minke whale, Canadian east coast.
                                                                 Atlantic white-sided dolphin, WNA.
    U.S. Mid-Atlantic crab stop seine/weir.....           2,600  None documented.
    U.S. Mid-Atlantic mixed species stop seine/         Unknown  Bottlenose dolphin, Northern NC estuarine
     weir/pound net (except the NC roe mullet                     system.
     stop net).
    RI floating trap...........................               9  None documented.
DREDGE FISHERIES:
    Gulf of Maine sea urchin dredge............         Unknown  None documented.
    Gulf of Maine mussel dredge................         Unknown  None documented.
    Gulf of Maine, U.S. Mid-Atlantic sea                   >403  None documented.
     scallop dredge.
    Mid-Atlantic blue crab dredge..............         Unknown  None documented.
    Mid-Atlantic soft-shell clam dredge........         Unknown  None documented.
    Mid-Atlantic whelk dredge..................         Unknown  None documented.
    U.S. Mid-Atlantic/Gulf of Mexico oyster               7,000  None documented.
     dredge.
    U.S. Mid-Atlantic offshore surf clam and            Unknown  None documented.
     quahog dredge.
HAUL/BEACH SEINE FISHERIES:
    Caribbean haul/beach seine.................              15  None documented in the most recent 5 years of
                                                                  data.
    Gulf of Mexico haul/beach seine............         Unknown  None documented.
    Southeastern U.S. Atlantic haul/beach seine              25  None documented.
DIVE, HAND/MECHANICAL COLLECTION FISHERIES:
    Atlantic Ocean, Gulf of Mexico, Caribbean            20,000  None documented.
     shellfish dive, hand/mechanical collection.
    Gulf of Maine urchin dive, hand/mechanical          Unknown  None documented.
     collection.
    Gulf of Mexico, Southeast Atlantic, Mid-            Unknown  None documented.
     Atlantic, and Caribbean cast net.
COMMERCIAL PASSENGER FISHING VESSEL (CHARTER
 BOAT) FISHERIES:

[[Page 77939]]

 
    Atlantic Ocean, Gulf of Mexico, Caribbean             4,000  Bottlenose dolphin, Biscayne Bay estuarine.
     commercial passenger fishing vessel.
                                                                 Bottlenose dolphin, Central FL coastal.
                                                                 Bottlenose dolphin, Choctawhatchee Bay.
                                                                 Bottlenose dolphin, Eastern GMX coastal.
                                                                 Bottlenose dolphin, FL Bay.
                                                                 Bottlenose dolphin, GMX bay, sound, estuarine.
                                                                 Bottlenose dolphin, Indian River Lagoon
                                                                  estuarine system.
                                                                 Bottlenose dolphin, Jacksonville estuarine
                                                                  system.
                                                                 Bottlenose dolphin, Northern FL coastal.
                                                                 Bottlenose dolphin, Northern GA/Southern SC
                                                                  estuarine.
                                                                 Bottlenose dolphin, Northern GMX coastal.
                                                                 Bottlenose dolphin, Northern migratory coastal.
                                                                 Bottlenose dolphin, Northern NC estuarine.
                                                                 Bottlenose dolphin, Southern migratory coastal.
                                                                 Bottlenose dolphin, Southern NC estuarine
                                                                  system.
                                                                 Bottlenose dolphin, Southern SC/GA coastal.
                                                                 Bottlenose dolphin, Western GMX coastal.
----------------------------------------------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/
  Bay of Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--New York; RI--Rhode Island; SC--
  South Carolina; VA--Virginia; WNA--Western North Atlantic; \1\Fishery classified based on mortalities and
  serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1
  percent and less than 50 percent (Category II) of the stock's PBR; \2\Fishery classified by analogy; * Fishery
  has an associated high seas component listed in Table 3.


                        Table 3--List of Fisheries--Commercial Fisheries on the High Seas
----------------------------------------------------------------------------------------------------------------
                                                    Number of          Marine mammal species and/or  stocks
              Fishery description                HSFCA  permits           incidentally killed or injured
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY I
----------------------------------------------------------------------------------------------------------------
LONGLINE FISHERIES:
    Atlantic Highly Migratory Species *........              83  Atlantic spotted dolphin, WNA.
                                                                 Bottlenose dolphin, Northern GMX oceanic.
                                                                 Bottlenose dolphin, WNA offshore.
                                                                 Common dolphin, WNA.
                                                                 Cuvier's beaked whale, WNA.
                                                                 False killer whale, WNA.
                                                                 Killer whale, GMX oceanic.
                                                                 Kogia spp. whale (Pygmy or dwarf sperm whale),
                                                                  WNA.
                                                                 Long-finned pilot whale, WNA.
                                                                 Mesoplodon beaked whale, WNA.
                                                                 Minke whale, Canadian East coast.
                                                                 Pantropical spotted dolphin, WNA.
                                                                 Risso's dolphin, GMX.
                                                                 Risso's dolphin, WNA.
                                                                 Short-finned pilot whale, WNA.
    Western Pacific Pelagic (HI Deep-set                    128  Bottlenose dolphin, HI Pelagic.
     component) * [caret].
                                                                 False killer whale, HI Pelagic.
                                                                 Pantropical spotted dolphin, HI.
                                                                 Risso's dolphin, HI.
                                                                 Short-finned pilot whale, HI.
                                                                 Sperm whale, HI.
                                                                 Striped dolphin, HI.
DRIFT GILLNET FISHERIES:
    Pacific Highly Migratory Species * [caret].               4  Long-beaked common dolphin, CA.
                                                                 Humpback whale, CA/OR/WA.
                                                                 Northern right-whale dolphin, CA/OR/WA.
                                                                 Pacific white-sided dolphin, CA/OR/WA.
                                                                 Risso's dolphin, CA/OR/WA.
                                                                 Short-beaked common dolphin, CA/OR/WA
----------------------------------------------------------------------------------------------------------------
                                                   CATEGORY II
----------------------------------------------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
    Atlantic Highly Migratory Species..........               1  Undetermined.
TRAWL FISHERIES:

[[Page 77940]]

 
    Atlantic Highly Migratory Species **.......               1  Undetermined.
    CCAMLR.....................................               0  Antarctic fur seal.
    Western Pacific Pelagic....................               0  Undetermined.
PURSE SEINE FISHERIES:
    South Pacific Tuna Fisheries...............              38  Undetermined.
    Western Pacific Pelagic....................               3  Undetermined.
LONGLINE FISHERIES:
    CCAMLR.....................................               0  None documented.
    South Pacific Albacore Troll...............              13  Undetermined.
    South Pacific Tuna Fisheries **............               8  Undetermined.
    Western Pacific Pelagic (HI Shallow-set                  18  Blainville's beaked whale, HI.
     component) * [caret].
                                                                 Bottlenose dolphin, HI Pelagic.
                                                                 False killer whale, HI Pelagic.
                                                                 Humpback whale, Central North Pacific.
                                                                 Kogia spp. whale (Pygmy or dwarf sperm whale),
                                                                  HI.
                                                                 Risso's dolphin, HI.
                                                                 Short-beaked common dolphin, CA/OR/WA.
                                                                 Short-finned pilot whale, HI.
                                                                 Striped dolphin, HI.
HANDLINE/POLE AND LINE FISHERIES:
    Atlantic Highly Migratory Species..........               2  Undetermined.
    Pacific Highly Migratory Species...........              41  Undetermined.
    South Pacific Albacore Troll...............               8  Undetermined.
    Western Pacific Pelagic....................               3  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory Species..........               2  Undetermined.
    South Pacific Albacore Troll...............              35  Undetermined.
    South Pacific Tuna Fisheries **............               3  Undetermined.
    Western Pacific Pelagic....................              19  Undetermined.
LINERS NEI FISHERIES:
    Pacific Highly Migratory Species **........               1  Undetermined.
    South Pacific Albacore Troll...............               1  Undetermined.
    Western Pacific Pelagic....................               1  Undetermined.
----------------------------------------------------------------------------------------------------------------
                                                  CATEGORY III
----------------------------------------------------------------------------------------------------------------
LONGLINE FISHERIES:
    Northwest Atlantic Bottom Longline.........               1  None documented.
    Pacific Highly Migratory Species *.........             100  None documented in the most recent 5 years of
                                                                  data.
PURSE SEINE FISHERIES
    Pacific Highly Migratory Species * [caret].               8  None documented.
TRAWL FISHERIES:
    Northwest Atlantic.........................               1  None documented.
TROLL FISHERIES:
    Pacific Highly Migratory Species *.........             253  None documented.
----------------------------------------------------------------------------------------------------------------
 List of Terms, Abbreviations, and Symbols Used in Table 3:
 CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--Washington; WNA--Western North Atlantic.
* Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2.
  The number of permits listed in Table 3 represents only the number of permits for the high seas component of
  the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without
  a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits
  are valid for five years, permits obtained in past years exist in the HSFCA permit database for gear types
  that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent
  effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for
  unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear
  type.
[caret] The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the
  list of marine mammal species and/or stocks killed or injured in U.S. waters component of the fishery, minus
  species and/or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal
  species and/or stocks are also found on the high seas and the fishery remains the same on both sides of the
  EEZ boundary. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
        Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction  Category I
 Plan (ALWTRP)--50 CFR 229.32.       Mid-Atlantic gillnet.
                                     Northeast/Mid-Atlantic American
                                      lobster trap/pot.
                                     Northeast sink gillnet.
                                     Category II
                                     Atlantic blue crab trap/pot.
                                     Atlantic mixed species trap/pot.

[[Page 77941]]

 
                                     Northeast anchored float gillnet.
                                     Northeast drift gillnet.
                                     Southeast Atlantic gillnet.
                                     Southeastern U.S. Atlantic shark
                                      gillnet *.
                                     Southeastern, U.S. Atlantic, Gulf
                                      of Mexico stone crab trap/pot
                                      [caret].
Bottlenose Dolphin Take Reduction    Category I
 Plan (BDTRP)--50 CFR 229.35.        Mid-Atlantic gillnet.
                                     Category II
                                     Atlantic blue crab trap/pot.
                                     Chesapeake Bay inshore gillnet
                                      fishery.
                                     Mid-Atlantic haul/beach seine.
                                     Mid-Atlantic menhaden purse seine.
                                     NC inshore gillnet.
                                     NC long haul seine.
                                     NC roe mullet stop net.
                                     Southeast Atlantic gillnet.
                                     Southeastern U.S. Atlantic shark
                                      gillnet.
                                     Southeastern U.S. Atlantic, Gulf of
                                      Mexico shrimp trawl [caret].
                                     Southeastern, U.S. Atlantic, Gulf
                                      of Mexico stone crab trap/pot
                                      [caret].
                                     VA pound net.
False Killer Whale Take Reduction    Category I
 Plan (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         Mid-Atlantic gillnet.
 England) and 229.34 (Mid-Atlantic).
                                     Northeast sink gillnet.
Pelagic Longline Take Reduction      Category I
 Plan (PLTRP)--50 CFR 229.36.        Atlantic Ocean, Caribbean, Gulf of
                                      Mexico large pelagics longline.
Pacific Offshore Cetacean Take       Category I
 Reduction Plan (POCTRP)--50 CFR     CA thresher shark/swordfish drift
 229.31.                              gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction   Category II
 Team (ATGTRT).                      Mid-Atlantic bottom trawl.
                                     Mid-Atlantic mid-water trawl
                                      (including pair trawl).
                                     Northeast bottom trawl.
                                     Northeast mid-water trawl
                                      (including pair trawl).
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
  waters;
[caret] Only applicable to the portion of the fishery operating in the
  Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The collection of information for the 
registration of individuals under the MMPA has been approved by the 
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.15 hours per report for new registrants and 0.09 hours per 
report for renewals). The requirement for reporting marine mammal 
mortalities or injuries has been approved by OMB under OMB control 
number 0648-0292 (0.15 hours per report). These estimates include the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing burden, to NMFS and OMB (see 
ADDRESSES and SUPPLEMENTARY INFORMATION).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) in 1995 and 2005. The 1995 EA examined 
the effects of regulations implementing section 118 of the 1994 
Amendments of the MMPA on the affected environment. The 2005 EA 
analyzed the environmental impacts of continuing the existing scheme 
(as described in the 1995 EA) for classifying fisheries on the LOF. The 
1995 EA and the 2005 EA concluded that implementation of MMPA section 
118 regulations would not have a significant impact on the human 
environment. NMFS reviewed the 2005 EA in 2009. NMFS concluded that 
because there were no changes to the process used to develop the LOF 
and implement section 118 of the MMPA, there was no need to update the 
2005 EA. NMFS initiated an EA for the LOF in 2013 but did not finalize 
it because the no action alternative described in the 2005 EA is still 
the preferred alternative. This rule would not change NMFS' current 
process for classifying fisheries on the LOF; therefore, this rule is 
not expected to change the analysis or conclusion of the

[[Page 77942]]

2005 EA and FONSI, and no update is needed. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would first 
prepare an environmental document, as required under NEPA, specific to 
that action.
    This rule would not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this rule will not affect the 
conclusions of those opinions. The classification of fisheries on the 
LOF is not considered to be a management action that would adversely 
affect threatened or endangered species. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would 
consult under ESA section 7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Allen, B.M. and R.P. Angliss, editors. 2014. Alaska Marine Mammal 
Stock Assessments, 2013. NOAA Tech. Memo. NMFS-AFSC-277. 294 p.
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. 
Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D. 
Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill. 
2014. U.S. Pacific Marine Mammal Stock Assessments: 2013. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-532. 406 p.
McCracken, M.L. 2010. Adjustments to false killer whale and short-
finned pilot whale bycatch estimates. NMFS, Pacific Islands 
Fisheries Science Center Working paper WP-10-007. 23 p.
NMFS. 2013. Biological Opinion on the continued management of the 
drift gillnet fishery under the Fishery Management Plan for U.S. 
West Coast Fisheries for Highly Migratory Species 2012/03020:DDL, 
dated May 2, 2013, at 10-11, n.7.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2014. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2013. NOAA Technical Memorandum NOAA-NE-228. 464 p.

    Dated: December 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-30375 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-22-P