List of Fisheries for 2016
Federal Register, Volume 80 Issue 188 (Tuesday, September 29, 2015)
Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)
Proposed Rules
Pages 58427-58448
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2015-24638
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
Docket No. 150306230-5230-01
RIN 0648-BE88
List of Fisheries for 2016
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2016, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2016 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements. In addition, NMFS begins publishing online fact sheets for Category III fisheries.
DATES: Comments must be received by October 29, 2015.
ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0055, by either of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal
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Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0055,
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Click the ``Comment Now!'' icon, complete the required fields
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Enter or attach your comments.
Mail: Submit written comments to Chief, Marine Mammal and Sea Turtle
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Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: 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), 206-526-6155; Brent Norberg, West Coast Region (WA/OR), 206-526-6550; Bridget Mansfield, Alaska Region, 907-
586-7642; 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: Tier 1 considers the cumulative fishery mortality and serious injury for a particular stock. If the total annual mortality and serious injury of a marine mammal stock, across all fisheries, is less than or equal to 10 percent of the PBR level of the stock, all fisheries interacting with the stock will be placed in Category III (unless those fisheries interact with other stock(s) in which total annual mortality and serious injury is greater than 10 percent of PBR). Otherwise, these fisheries are subject to the next tier (Tier 2) of analysis to determine their classification.
Tier 2: Tier 2 considers fishery-specific mortality and serious injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a given fishery is greater than or equal to 50 percent of the PBR level (i.e., frequent incidental mortality and serious injury of marine mammals).
Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the PBR level (i.e., occasional incidental mortality and serious injury of marine mammals).
Category III: Annual mortality and serious injury of a stock in a given fishery is less than or equal to 1 percent of the PBR level (i.e., a remote likelihood of or no known incidental mortality and serious injury of marine mammals).
Additional details regarding how the categories were determined are provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086, August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery may qualify as one Category for one marine mammal stock and another Category for a different marine mammal stock. A fishery is typically classified on the LOF at its highest level of classification (e.g., a fishery qualifying for Category III for one marine mammal stock and for Category II for another marine mammal stock will be listed under Category II). Stocks driving a fishery's classification are denoted with a superscript ``1'' in Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. Therefore, NMFS has classified certain fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, or according to factors discussed in the final LOF for 1996 (60 FR 67063, December 28, 1995) and listed in the regulatory definition of a Category II fishery: ``In the absence of reliable information indicating the frequency of incidental mortality and serious injury of marine mammals by a commercial fishery, NMFS will determine whether the incidental mortality or serious injury is `frequent,' `occasional,' or `remote' by evaluating other factors such as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fisher reports, stranding data, and the species and distribution of marine mammals in the area, or at the discretion of the Assistant Administrator for Fisheries'' (50 CFR 229.2).
Further, eligible commercial fisheries not specifically identified on the LOF are deemed to be Category II fisheries until the next LOF is published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. The list of species and/or stocks incidentally killed or injured includes ``serious'' and ``non-serious'' documented injuries as described later in the List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean and the
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Atlantic Ocean, Gulf of Mexico, and Caribbean sections. To determine which species or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs and injury determination reports. The SARs are based upon the best available scientific information and provide the most current and inclusive information on each stock's PBR level and level of interaction with commercial fishing operations. The best available scientific information used in the SARs reviewed for the 2016 LOF generally summarizes data from 2008-2012. NMFS also reviews other sources of new information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fisher self-reports (i.e. MMPA reports), and anecdotal reports from that time period. In some cases, more recent information may be available, but in an effort to be consistent with the most recent SARs and across the LOF, NMFS typically restricts the analysis to data within the five-year time period summarized in the current SAR.
For fisheries with observer coverage, species or stocks are generally removed from the list of marine mammal species and/or stocks incidentally killed or injured if no interactions are documented in the five-year timeframe summarized in that year's LOF. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include fisheries that cannot be attributed to a specific fishery) species and stocks may be retained for longer than five years. For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock.
Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF?
The best available information on the level of observer coverage and the spatial and temporal distribution of observed marine mammal interactions is presented in the SARs. Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. Starting with the 2005 SARs, each SAR includes an appendix with detailed descriptions of each Category I and II fishery on the LOF, including the observer coverage in those fisheries. The SARs generally do not provide detailed information on observer coverage in Category III fisheries because, under the MMPA, Category III fisheries are generally not required to accommodate observers aboard vessels due to the remote likelihood of mortality and serious injury of marine mammals. Fishery information presented in the SARs' appendices and other resources referenced during the tier analysis may include: Level of observer coverage, target species, levels of fishing effort, spatial and temporal distribution of fishing effort, characteristics of fishing gear and operations, management and regulations, and interactions with marine mammals. Copies of the SARs are available on the NMFS Office of Protected Resources Web site at: http://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage levels in Category I, II, and III fisheries can be found in the fishery fact sheets on the NMFS Office of Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/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 take reduction plans (TRPs) or take reduction teams (TRTs).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to provide more detail on composition of effort within these fisheries. Many fisheries operate in both U.S. waters and on the high seas, creating some overlap between the fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). NMFS designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the fishery's name. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels/participants holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2.
HSFCA permits are valid for five years, during which time Fishery management plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to fish under the permit because it was issued for a gear type that is no longer authorized under the most current FMP. For this reason, the number of HSFCA permits displayed in Table 3 is likely higher than the actual U.S. fishing effort on the high seas. For more information on how NMFS classifies high seas fisheries on the LOF, see the preamble text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional information about HSFCA permits can be found at: http://www.nmfs.noaa.gov/ia/permits/highseas.html.
Where can I find specific information on fisheries listed on the LOF?
Starting with the 2010 LOF, NMFS developed summary documents, or fishery fact sheets, for each Category I and II fishery on the LOF. These fishery fact sheets provide the full history of each Category I and II fishery, including: When the fishery was added to the LOF, the basis for the fishery's initial classification, classification changes to the fishery, changes to the list of species and/or stocks incidentally killed or injured in the fishery, fishery gear and methods used, observer coverage levels, fishery management and regulation, and applicable TRPs or TRTs, if any. These fishery fact sheets are updated after each final LOF and can be found under ``How Do I Find Out if a Specific Fishery is in Category I, II, or III?'' on the NMFS Office of Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html, linked to
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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 proposed 2016 LOF.
Am I required to register under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Owners of vessels or gear engaged in a Category III fishery are not required to register with NMFS or obtain a marine mammal authorization.
How do I register and receive my MMAP authorization certificate?
NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials. In the Pacific Islands, West Coast, and Alaska regions, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail or with their state or Federal license or permit at the time of issuance or renewal. In the Greater Atlantic Region, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year. Certificates may also be obtained by visiting the Greater Atlantic Regional Office Web site (http://www.greateratlantic.fisheries.noaa.gov/Protected/mmp/mmap/). In the Southeast Region, NMFS will issue vessel or gear owners notification of registry and vessel or gear owners may receive their authorization certificate by contacting the Southeast Regional Office at 727-209-5952 or by visiting the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) and following the instructions for printing the certificate.
The authorization certificate, or a copy, must be on board the vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the fishing operation (50 CFR 229.4(e)). Although efforts are made to limit the issuance of authorization certificates to only those vessel or gear owners that participate in Category I or II fisheries, not all state and Federal license or permit systems distinguish between fisheries as classified by the LOF. Therefore, some vessel or gear owners in Category III fisheries may receive authorization certificates even though they are not required for Category III fisheries. Individuals fishing in Category I and II fisheries for which no state or Federal license or permit is required must register with NMFS by contacting their appropriate Regional Office (see ADDRESSES).
How do I renew my registration under the MMAP?
In Alaska regional and Greater Atlantic regional fisheries, registrations of vessel or gear owners are automatically renewed and participants should receive an authorization certificate by January 1 of each new year. In Pacific Islands regional fisheries, vessel or gear owners receive an authorization certificate by January 1 for state fisheries and with their permit renewal for federal fisheries. In West Coast regional fisheries, vessel or gear owners receive authorization with each renewed state fishing license, the timing of which varies based on target species. Vessel or gear owners who participate in fisheries in these regions and have not received authorization certificates by January 1 or with renewed fishing licenses must contact the appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT).
In Southeast regional fisheries, vessel or gear owners' registrations are automatically renewed and participants will receive a letter in the mail by January 1 instructing them to contact the Southeast Regional Office to have an authorization certificate mailed to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) to print their own certificate.
Am I required to submit reports when I kill or injure a marine mammal during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, any vessel owner or operator, or gear owner or operator (in the case of non-vessel fisheries), participating in a fishery listed on the LOF must report to NMFS all incidental mortalities and injuries of marine mammals that occur during commercial fishing operations, regardless of the category in which the fishery is placed (I, II, or III) within 48 hours of the end of the fishing trip or, in the case of non-vessel fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a wound or other physical harm. In addition, any animal that ingests fishing gear or any animal that is released with fishing gear entangling, trailing, or perforating any part of the body is considered injured, regardless of the presence of any wound or other evidence of injury, and must be reported.
Mortality/injury reporting forms and instructions for submitting forms to NMFS can be found at: http://www.nmfs.noaa.gov/pr/interactions/mmap/#form or by contacting the appropriate Regional office (see FOR FURTHER INFORMATION). Forms may be submitted via any of the following means: (1) Online using the electronic form, (2) emailed as an attachment to nmfs.mireport@noaa.gov, (3) faxed to the NMFS Office of Protected Resources at 301-713-0376, or (4) mailed to the NMFS Office of Protected Resources (mailing address is provided on the postage-paid form that can be printed from the Web address listed above). Reporting requirements and procedures can be found in 50 CFR 229.6.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. MMPA section 118 states that the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; thereby authorizing the exemption of vessels too small to accommodate an observer from this requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico large pelagics longline vessels operating in special areas designated by the Pelagic Longline Take Reduction Plan implementing regulations (50 CFR 229.36(d)) will not be exempted from observer requirements, regardless of their size. Observer requirements can be found in 50 CFR 229.7.
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Am I required to comply with any marine mammal take reduction plan regulations?
Table 4 in this rule provides a list of fisheries affected by TRPs and TRTs. TRP regulations can be found at 50 CFR 229.30 through 229.37. A description of each TRT and copies of each TRP can be found at: http://www.nmfs.noaa.gov/pr/interactions/trt/teams.html. It is the responsibility of fishery participants to comply with applicable take reduction regulations.
Where can I find more information about the LOF and the MMAP?
Information regarding the LOF and the Marine Mammal Authorization Program, including: registration procedures and forms; current and past LOFs; descriptions of each Category I and II fishery, and some Category III fisheries; observer requirements; and marine mammal mortality/
injury reporting forms and submittal procedures; may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html, or from any NMFS Regional Office at the addresses listed below:
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, Attn: Jessica Powell;
NMFS, West Coast Region, Seattle Office, 7600 Sand Point Way NE., Seattle, WA 98115, Attn: Elizabeth Petras or Brent Norberg, Protected Resources Division;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or
NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Nancy Young.
Sources of Information Reviewed for the 2016 LOF
NMFS reviewed the marine mammal incidental mortality and serious injury information presented in the SARs for all fisheries to determine whether changes in fishery classification are warranted. The SARs are based on the best scientific information available at the time of preparation, including the level of mortality and serious injury of marine mammals that occurs incidental to commercial fishery operations and the PBR levels of marine mammal stocks. The information contained in the SARs is reviewed by regional Scientific Review Groups (SRGs) representing Alaska, the Pacific (including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the MMPA to review the science that informs the SARs, and to advise NMFS on marine mammal population status, trends, and stock structure, uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including marine mammal stranding data, observer program data, fisher self-
reports through the Marine Mammal Authorization Program, reports to the SRGs, conference papers, FMPs, and ESA documents.
The LOF for 2016 was based on, among other things, stranding data; fisher self-reports; and SARs, primarily the 2014 SARs, which are generally based on data from 2008-2012. The final SARs referenced in this LOF include: 2013 (79 FR 49053, August 19, 2014) and 2014 (80 FR 50599, August 20, 2015). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.
Summary of Changes to the LOF for 2016
The following summarizes proposed changes to the LOF for 2016, including the fisheries listed in the LOF, the estimated number of vessels/persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. The proposed LOF for 2016 proposes three re-classifications of the fisheries provided in the LOF for 2015. NMFS proposes 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. Additionally, NMFS proposes adding two Category III fisheries to the LOF and removing six fisheries from the LOF. Most Category III fisheries on the LOF have never been described in the LOF. While detailed information describing each fishery in the LOF is included within the SARs, a Fishery Management Plan, or a TRP, or by state agencies, general descriptive information is important to include in the LOF for improved clarity. NMFS is developing Category III fishery fact sheets that will be available online at: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html. NMFS is requesting public comment on fact sheet content. The classifications and definitions of U.S. commercial fisheries for 2016 are identical to those provided in the LOF for 2015 with the proposed changes discussed below. State and regional abbreviations used in the following paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian Islands), CA (California), DE (Delaware), FL (Florida), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), ME (Maine), NC (North Carolina), NY (New York), OR (Oregon), RI (Rhode Island), SC (South Carolina), VA (Virginia), WA (Washington), and WNA (Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the Category III Alaska Bering Sea/
Aleutian Island Pacific Cod Longline Fishery as Category II. Category II classification for this fishery is driven by a 2012 take of Gulf of Alaska, Bering Sea/Aleutian Islands transient stock of killer whales. Based on the most recent five years of available information, annual mortality and serious injury of the Gulf of Alaska, Bering Sea/Aleutian Islands transient stock of killer whales across all fisheries is 1 per year, which is 17 percent of the PBR of 5.87. Mortality and serious injury of this stock by this fishery is 0.2 per year, which is 3.41 percent of the PBR of 5.87 (Helker et al., 2015). Mortality and serious injury levels greater than 1 percent and less than 50 percent of PBR meet the Category II threshold. Therefore, NMFS proposes to reclassify the Alaska Bering Sea/Aleutian Island Pacific Cod Longline Fishery as a Category II fishery.
NMFS proposes to reclassify the Category II Alaska Kodiak Salmon Purse Seine Fishery as Category III. No mortalities or serious injuries to marine mammal stocks by this fishery have been documented during the most recent five years of available information. Therefore, NMFS proposes to reclassify the Alaska Kodiak Salmon Purse Seine Fishery as a Category III fishery.
NMFS proposes to reclassify the Category II Alaska Cook Inlet Salmon Purse Seine Fishery as Category III. No mortalities or serious injuries to marine mammal stocks by this fishery have been documented during the most recent five years of available information. Therefore, NMFS proposes to reclassify the Alaska Cook Inlet Salmon Purse Seine Fishery as a Category III fishery.
Addition of Fisheries
NMFS proposes to add the CA sea cucumber trawl fishery to the LOF as Category III. NMFS reviewed the recently published Magnuson-Stevens Fishery Conservation and Management Act List of Authorized Fisheries and Gear (79 FR 76914, December 23, 2014)
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and spoke with the California Department of Fish and Wildlife (CDF&W) and determined that this fishery was not included in the MMPA LOF. This is one of two gear types authorized by the state of California to commercially harvest sea cucumber. Most of the effort with trawls occurs in southern California. NMFS proposes to list this fishery as Category III analogous to the WA/OR/CA shrimp trawl fishery because the fisheries use similar fishing techniques, habitat, and gear. There were 16 permits issued for this fishery in 2013.
NMFS proposes to add the WA/OR Mainstem Columbia River eulachon gillnet fishery to the LOF as Category III. NMFS spoke with the Washington Department of Fish and Wildlife (WDF&W) and Oregon Department of Fish and Wildlife (OD&W) and determined this fishery was not previously on the LOF. Eulachon smelt were historically harvested in target fisheries in the Columbia River. As a result of the eulachon listing under the Endangered Species Act in 2010 commercial harvest was prohibited. The commercial fishery using dip net gear was closed in 2011 through 2013. In 2014 and 2015 a small-scale, research-based commercial eulachon fishery using gillnet gear was re-established to collect biological and catch per unit effort data. NMFS proposes to list this as Category III by analogy to other gillnet fisheries because the fisheries use similar fishing techniques, habitat, and gear. There are currently 15 participants in this fishery.
Removal of Fisheries
NMFS proposes to remove the Category III WA/OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch, rockfish gillnet fishery from the LOF. NMFS spoke with WDF&W and ODF&W and was advised that gillnet is not legal for any ocean fishing off of Washington or Oregon.
NMFS proposes to remove the Category III WA/OR smelt, herring dip net fishery from the LOF. Harvesting smelt and herring off Oregon is allowed but this gear type is not utilized. Herring harvest off Washington is closed. Smelt can be harvested off Washington using dip net gear; however, there are currently no participants in the fishery.
Fishery Name and Organizational Changes and Clarification
NMFS proposes to rename the Category III ``WA (all species) beach seine or drag seine'' as the ``WA/OR Lower Columbia River salmon seine'' fishery. Drag seine is not an authorized gear in Oregon. While authorized in Washington, it is not active. In 2014, a pilot commercial seine fishery was implemented in the mainstem Columbia River downstream of Bonneville Dam. The pilot fishery was conducted to address research-
related questions regarding use of this gear type in a new commercial fishery. A total of 10 fishers using seine gear (4 purse seine and 6 beach seine) were permitted for the 2014 pilot fishery.
NMFS proposes to split three fisheries from the Category III ``AK North Pacific halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA halibut non-salmonid troll'' fishery and rename them as: ``WA/OR/CA albacore surface hook and line/troll'' fishery, ``CA halibut hook and line/handline'' fishery, and ``CA White seabass hook and line/handline'' fishery and remove the remaining fisheries in the group. The WA/OR/CA albacore surface hook and line/troll fishery uses surface hook and line and/or troll gear and is managed under the Fishery Management Plan (FMP) of U.S. West Coast Fisheries for Highly Migratory Species. There is effort in this fishery along the entire coast and landings can be made in any of the three states. The number of vessels making landing in 2013 was 705. The CA halibut hook and line/handline fishery is managed by the CDF&W and is one of three gear types authorized by the state of California to commercially harvest CA halibut (along with gillnet and trawl). It is a not restrictive fishery and no special permits are required. Most landings occur in the San Francisco Bay area. The CA white seabass hook and line/handline fishery is managed by the CDF&W and is one of two gear types authorized by the state of California to commercially harvest CA white seabass (along with gillnets). There are no special permits required in this fishery. Most effort occurs in Southern California.
NMFS proposes to combine the Category III ``CA anchovy, mackerel, sardine purse seine'' and ``WA/OR sardine purse seine'' fisheries and name it the ``CA/OR/WA anchovy, mackerel, sardine purse seine'' fishery. These species are managed under the Coastal Pelagic Species FMP developed by the Pacific Fishery Management Council and can be harvested along the entire coast.
NMFS proposes to rename the Category III ``WA/OR salmon net pens'' fishery as the ``WA salmon net pen'' fishery. There are no commercial non-tribal salmon net pens in Oregon.
NMFS proposes to rename (by revising, separating, and combining) the Category III ``WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, scallop, ghost shrimp, dive, hand/mechanical collection'' and ``CA sea urchin'' fisheries to become the ``WA/OR bait shrimp, clam hand, dive or mechanical collection'' and ``OR/CA sea urchin, sea cucumber dive, hand/mechanical collection'' fisheries. Some of the target species listed in the ``WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, scallop, ghost shrimp, dive, hand/mechanical collection'' have changed, have been prohibited, or are no longer active so the new name reflects target species in the WA/OR fishery. NMFS is proposing to combine the OR and CA components of the sea urchin and sea cucumber dive, hand/mechanical collections because these fisheries are functionally equivalent.
NMFS proposes to rename the Category III ``WA shellfish aquaculture'' fishery as the ``WA/OR shellfish aquaculture'' fishery. There are a number of shellfish being raised in aquaculture facilities in Oregon and the fisheries are functionally equivalent. There are 23 companies engaged in shellfish aquaculture in Washington and Oregon.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows. Fisheries are labeled with their name on the proposed 2016 LOF:
----------------------------------------------------------------------------------------------------------------
Number of Number of
vessels/ vessels/
Category Fishery persons persons
(Final 2015 (Proposed 2016
LOF) LOF)
----------------------------------------------------------------------------------------------------------------
I.......................................... HI deep-set longline............... 128 135
I.......................................... CA thresher shark/swordfish drift 19 18
gillnet (>=14 in mesh).
II......................................... CA spot prawn trap................. 28 25
Page 58433
II......................................... HI shallow-set longline............ 18 15
II......................................... American Samoa longline............ 25 22
II......................................... HI shortline....................... 6 9
III........................................ CA set gillnet (mesh size =14 in OR/WA offshore.
mesh) *.
.............. California sea lion,
Humpback whale, CA/OR/
WA.
.............. Long-beaked common
dolphin, CA.
.............. Minke whale, CA/OR/WA.
.............. Northern elephant seal,
CA breeding.
.............. Northern right-whale
dolphin, CA/OR/WA.
.............. Pacific white-sided
dolphin, CA/OR/WA.
.............. Risso's dolphin, CA/OR/
WA.
.............. Short-beaked common
dolphin, CA/OR/WA.
.............. Sperm Whale, CA/OR/
WA.\1\
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
CA halibut/white seabass 50 California sea lion,
and other species set U.S.
gillnet (>3.5 in mesh).
.............. Harbor seal, CA.
.............. Humpback whale, CA/OR/
WA.\1\
.............. Long-beaked common
dolphin, CA.
.............. Northern elephant seal,
CA breeding.
.............. Sea otter, CA.
.............. Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, 30 California sea lion,
and white seabass drift U.S. Long-beaked
gillnet (mesh size >=3.5 common dolphin, CA.
in and 1 None documented.
rearing pen.
CA white seabass 13 California sea lion,
enhancement net pens. U.S.
HI offshore pen culture.... 2 None documented.
WA salmon net pens......... 14 California sea lion,
U.S.
.............. Harbor seal, WA inland
waters.
WA/OR shellfish aquaculture 23 None documented..
TROLL FISHERIES:.
WA/OR/CA albacore surface 705 None documented.
hook and line/troll.
CA halibut hook and line/ unknown None documented.
handline.
CA white seabass hook and unknown None documented.
line/handline.
AK salmon troll............ 1,908 Steller sea lion,
Eastern U.S.
.............. Steller sea lion,
Western U.S.
American Samoa tuna troll.. 13 None documented.
CA/OR/WA salmon troll...... 4,300 None documented.
HI troll................... 2,117 Pantropical spotted
dolphin, HI.
HI rod and reel............ 322 None documented.
Commonwealth of the 40 None documented.
Northern Mariana Islands
tuna troll.
Guam tuna troll............ 432 None documented..
LONGLINE/SET LINE FISHERIES:.
AK Bering Sea, Aleutian 3 None documented.
Islands rockfish longline.
AK Bering Sea, Aleutian 4 Killer whale, AK
Islands Greenland turbot resident.
longline.
AK Bering Sea, Aleutian 22 None documented.
Islands sablefish longline.
AK Gulf of Alaska halibut 855 None documented.
longline.
AK Gulf of Alaska Pacific 92 Steller sea lion,
cod longline. Western U.S.
AK Gulf of Alaska rockfish 25 None documented.
longline.
AK Gulf of Alaska sablefish 295 Sperm whale, North
longline. Pacific.
AK halibut longline/set 2,197 None documented in the
line (state and Federal most recent five years
waters). of data.
AK octopus/squid longline.. 3 None documented.
AK state-managed waters 464 None documented.
longline/setline
(including sablefish,
rockfish, lingcod, and
miscellaneous finfish).
WA/OR/CA groundfish, 367 Bottlenose dolphin, CA/
bottomfish longline/set OR/WA offshore.
line.
WA/OR Pacific halibut 350 None documented.
longline.
CA pelagic longline........ 1 None documented in the
most recent five years
of data.
HI kaka line............... 15 None documented.
HI vertical line........... 3 None documented..
TRAWL FISHERIES:.
AK Bering Sea, Aleutian 13 Ribbon seal, AK Steller
Islands Atka mackerel sea lion, Western U.S.
trawl.
AK Bering Sea, Aleutian 72 Ringed seal, AK Steller
Islands Pacific cod trawl. sea lion, Western U.S.
AK Gulf of Alaska flatfish 36 Northern elephant seal,
trawl. North Pacific.
AK Gulf of Alaska Pacific 55 Steller sea lion,
cod trawl. Western U.S.
AK Gulf of Alaska pollock 67 Dall's porpoise, AK.
trawl.
.............. Fin whale, Northeast
Pacific.
.............. Northern elephant seal,
North Pacific.
.............. Steller sea lion,
Western U.S.
AK Gulf of Alaska rockfish 43 None documented.
trawl.
AK food/bait herring trawl. 4 None documented.
AK miscellaneous finfish 282 None documented.
otter/beam trawl.
AK shrimp otter trawl and 38 None documented.
beam trawl (statewide and
Cook Inlet).
AK state-managed waters of 2 None documented.
Cook Inlet, Kachemak Bay,
Prince William Sound,
Southeast AK groundfish
trawl.
CA halibut bottom trawl.... 47 California sea lion,
U.S.
.............. Harbor porpoise,
unknown.
.............. Harbor seal, unknown.
.............. Northern elephant seal,
CA breeding.
.............. Steller sea lion,
unknown.
Page 58440
CA sea cucumber trawl...... 16 None documented.
WA/OR/CA shrimp trawl...... 300 None documented.
WA/OR/CA groundfish trawl.. 160-180 California sea lion,
U.S.
.............. Dall's porpoise, CA/OR/
WA.
.............. Harbor seal, OR/WA
coast.
.............. Northern fur seal,
Eastern Pacific.
.............. Pacific white-sided
dolphin, CA/OR/WA
Steller sea lion,
Eastern U.S..
POT, RING NET, AND TRAP
FISHERIES:.
AK statewide miscellaneous 4 None documented.
finfish pot.
AK Aleutian Islands 4 None documented.
sablefish pot.
AK Bering Sea, Aleutian 59 None documented.
Islands Pacific cod pot.
AK Bering Sea, Aleutian 540 Gray whale, Eastern
Islands crab pot. North Pacific.
AK Bering Sea sablefish pot 2 None documented.
AK Gulf of Alaska crab pot. 381 None documented.
AK Gulf of Alaska Pacific 128 Harbor seal, GOA.
cod pot.
AK Southeast Alaska crab 41 Humpback whale, Central
pot. North Pacific
(Southeast AK).
AK Southeast Alaska shrimp 269 Humpback whale, Central
pot. North Pacific
(Southeast AK).
AK shrimp pot, except 236 None documented.
Southeast.
AK octopus/squid pot....... 26 None documented.
AK snail pot............... 1 None documented.
CA/OR coonstripe shrimp pot 36 Gray whale, Eastern
North Pacific.
.............. Harbor seal, CA.
CA rock crab pot........... 124 Gray whale, Eastern
North Pacific.
.............. Harbor seal, CA.
CA spiny lobster........... 194 Gray whale, Eastern
North Pacific.
WA/OR/CA hagfish pot....... 54 None documented.
WA/OR shrimp pot/trap...... 254 None documented.
WA Puget Sound Dungeness 249 None documented.
crab pot/trap.
HI crab trap............... 5 Humpback whale, Central
North Pacific.
HI fish trap............... 9 None documented.
HI lobster trap............ 300 None documented.
HI aku boat, pole, and line 7,000 (2,702 Killer whale, unknown
passenger fishing vessel. AK) Steller sea lion,
Eastern U.S. Steller
sea lion, Western U.S.
LIVE FINFISH/SHELLFISH
FISHERIES:
CA nearshore finfish live 93 None documented.
trap/hook-and-line.
HI aquarium collecting..... 90 None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AI--Aleutian Islands;
AK--Alaska; BS--Bering Sea; CA--California; ENP--Eastern North
Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main Hawaiian Islands;
OR--Oregon; WA--Washington; \1\ Fishery classified based on
mortalities and serious injuries of this stock, which are greater than
or equal to 50 percent (Category I) or greater than 1 percent and less
than 50 percent (Category II) of the stock's PBR; \2\ Fishery
classified by analogy; * Fishery has an associated high seas component
listed in Table 3; the list of marine mammal species and/or stocks
killed or injured in this fishery is identical to the list of species
and/or stocks killed or injured in high seas component of the fishery,
minus species and/or stocks that have geographic ranges exclusively on
the high seas. The species and/or stocks are found, and the fishery
remains the same, on both sides of the EEZ boundary. Therefore, the
EEZ components of these fisheries pose the same risk to marine mammals
as the components operating on the high seas.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal species
Estimated # of and/or stocks
Fishery description vessels/ incidentally killed or
persons injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
Mid-Atlantic gillnet....... 4,063 Bottlenose dolphin,
Northern Migratory
coastal.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.\1\
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Humpback whale, Gulf of
Maine.
Minke whale, Canadian
east coast.
Risso's dolphin, WNA.
White-sided dolphin,
WNA.
Northeast sink gillnet..... 4,332 Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Fin whale, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.\1\
Harbor seal, WNA.
Harp seal, WNA.
Hooded seal, WNA.
Humpback whale, Gulf of
Maine.
Long-finned pilot
whale, WNA.
Minke whale, Canadian
east coast.
North Atlantic right
whale, WNA.
Risso's dolphin, WNA.
Short-finned pilot
whale, WNA.
White-sided dolphin,
WNA.
TRAP/POT FISHERIES:
Northeast/Mid-Atlantic 10,163 Harbor seal, WNA.
American lobster trap/pot.
Humpback whale, Gulf of
Maine.
Minke whale, Canadian
east coast.
North Atlantic right
whale, WNA.\1\
LONGLINE FISHERIES:
Atlantic Ocean, Caribbean, 420 Atlantic spotted
Gulf of Mexico large dolphin, GMX
pelagics longline *. continental and
oceanic.
Page 58442
Atlantic spotted
dolphin, WNA.
Bottlenose dolphin,
Northern GMX oceanic.
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Cuvier's beaked whale,
WNA.
False killer whale,
WNA.
Gervais beaked whale,
GMX.
Harbor porpoise, GME,
BF.
Killer whale, GMX
oceanic.
Kogia spp. (Pygmy or
dwarf sperm whale),
WNA.
Long-finned pilot
whale, WNA.\1\
Mesoplodon beaked
whale, WNA.
Minke whale, Canadian
East coast.
Pantropical spotted
dolphin, Northern GMX.
Pantropical spotted
dolphin, WNA.
Pygmy sperm whale, GMX.
Risso's dolphin,
Northern GMX.
Risso's dolphin, WNA.
Short-finned pilot
whale, Northern GMX.
Short-finned pilot
whale, WNA.\1\
Sperm whale, GMX
oceanic.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
Chesapeake Bay inshore 272 None documented in the
gillnet \2\. most recent five years
of data.
Gulf of Mexico gillnet \2\. 724 Bottlenose dolphin, GMX
bay, sound, and
estuarine.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Western GMX coastal
NC inshore gillnet......... 1,323 Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.\1\
Northeast anchored float 995 Harbor seal, WNA.
gillnet \2\.
Humpback whale, Gulf of
Maine.
White-sided dolphin,
WNA.
Northeast drift gillnet \2\ 1,567 None documented.
Southeast Atlantic gillnet 357 Bottlenose dolphin,
\2\. Central FL coastal.
Bottlenose dolphin,
Northern FL coastal.
Bottlenose dolphin, SC/
GA coastal.
Bottlenose dolphin,
Southern migratory
coastal
Southeastern U.S. Atlantic 30 Bottlenose dolphin,
shark gillnet. unknown (Central FL,
Northern FL, SC/GA
coastal, or Southern
migratory coastal).
North Atlantic right
whale, WNA.
TRAWL FISHERIES
Mid-Atlantic mid-water 507 Risso's dolphin, WNA.
trawl (including pair
trawl).
White-sided dolphin,
WNA.\1\
Mid-Atlantic bottom trawl.. 994 Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.\1\
Gray seal, WNA.
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
Northeast mid-water trawl 1,087 Gray seal, WNA.
(including pair trawl).
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Common dolphin, WNA.
Northeast bottom trawl..... 3,132 Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.
Minke whale, Canadian
East Coast.
Risso's dolphin, WNA.
White-sided dolphin,
WNA.\1\
Southeastern U.S. Atlantic, 4,950 Atlantic spotted
Gulf of Mexico shrimp dolphin, GMX
trawl. continental and
oceanic.
Bottlenose dolphin,
Charleston estuarine
system.
Bottlenose dolphin,
Eastern GMX
coastal.\1\
Bottlenose dolphin, GMX
bay, sound,
estuarine.\1\
Bottlenose dolphin, GMX
continental shelf.
Page 58443
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin, SC/
GA coastal.\1\
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Western GMX
coastal.\1\
West Indian manatee,
Florida.
TRAP/POT FISHERIES:
Southeastern U.S. Atlantic, 1,282 Bottlenose dolphin,
Gulf of Mexico stone crab trap/ Biscayne Bay
pot \2\. estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay.
Bottlenose dolphin, GMX
bay, sound, estuarine
(FL west coast
portion).
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville estuarine
system.
Bottlenose dolphin,
Northern GMX coastal
Atlantic mixed species trap/ 3,284 Fin whale, WNA.
pot \2\.
Humpback whale, Gulf of
Maine.
Atlantic blue crab trap/pot.... 8,557 Bottlenose dolphin,
Central FL coastal.\1\
Bottlenose dolphin,
Central GA estuarine
system.
Bottlenose dolphin,
Charleston estuarine
system.\1\
Bottlenose dolphin,
Indian River Lagoon
estuarine system.\1\
Bottlenose dolphin,
Jacksonville estuarine
system.\1\
Bottlenose dolphin,
Northern FL
coastal.\1\
Bottlenose dolphin,
Northern GA/Southern
SC estuarine
system.\1\
Bottlenose dolphin,
Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Northern SC estuarine
system.
Bottlenose dolphin, SC/
GA coastal.\1\
Bottlenose dolphin,
Southern GA estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC estuarine
system.\1\
West Indian manatee,
FL.\1\
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden 40-42 Bottlenose dolphin, GMX
purse seine. bay, sound, estuarine.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
Mid-Atlantic menhaden purse 19 Bottlenose dolphin,
seine \2\. Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach 243 Bottlenose dolphin,
seine. Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
NC long haul seine......... 372 Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.
STOP NET FISHERIES:
NC roe mullet stop net..... 13 Bottlenose dolphin,
Northern NC estuarine
system.
Bottlenose dolphin,
unknown (Southern
migratory coastal or
Southern NC estuarine
system).
POUND NET FISHERIES:
VA pound net............... 47 Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC estuarine
system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet.......... >991 None documented in the
most recent five years
of data.
DE River inshore gillnet... Unknown None documented in the
most recent five years
of data.
Long Island Sound inshore Unknown None documented in the
gillnet. most recent five years
of data.
RI, southern MA (to Monomoy Unknown None documented in the
Island), and NY Bight most recent five years
(Raritan and Lower NY of data.
Bays) inshore gillnet.
Southeast Atlantic inshore Unknown Bottlenose dolphin,
gillnet. Northern SC estuarine
system.
TRAWL FISHERIES:
Atlantic shellfish bottom >58 None documented.
trawl.
Gulf of Mexico butterfish 2 Bottlenose dolphin,
trawl. Northern GMX oceanic.
Bottlenose dolphin,
Northern GMX
continental shelf.
Gulf of Mexico mixed 20 None documented.
species trawl.
GA cannonball jellyfish 1 Bottlenose dolphin, SC/
trawl. GA coastal.
Page 58444
MARINE AQUACULTURE FISHERIES:
Finfish aquaculture........ 48 Harbor seal, WNA.
Shellfish aquaculture...... unknown None documented.
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic >7 Harbor seal, WNA.
herring purse seine.
Gray seal, WNA.
Gulf of Maine menhaden >2 None documented.
purse seine.
FL West Coast sardine purse 10 Bottlenose dolphin,
seine. Eastern GMX coastal.
U.S. Atlantic tuna purse 5 Long-finned pilot
seine *. whale, WNA.
Short-finned pilot
whale, WNA.
LONGLINE/HOOK-AND-LINE
FISHERIES:
Northeast/Mid-Atlantic >1,207 None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 428 Bottlenose dolphin, WNA
Atlantic tuna, shark offshore.
swordfish hook-and-line/
harpoon.
Humpback whale, Gulf of
Maine.
Southeastern U.S. Atlantic, >5,000 Bottlenose dolphin, GMX
Gulf of Mexico, and continental shelf.
Caribbean snapper-grouper
and other reef fish bottom
longline/hook-and-line.
Southeastern U.S. Atlantic, 501 None documented.
trap/pot.
Caribbean spiny lobster >197 None documented.
trap/pot.
FL spiny lobster trap/pot.. 1,268 Bottlenose dolphin,
Biscayne Bay estuarine
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay estuarine.
Gulf of Mexico blue crab 4,113 Bottlenose dolphin,
trap/pot. Eastern GMX coastal.
Bottlenose dolphin, GMX
bay, sound, estuarine.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Western GMX coastal.
West Indian manatee,
FL.
Gulf of Mexico mixed unknown None documented.
species trap/pot.
Southeastern U.S. Atlantic, 10 None documented.
Gulf of Mexico golden crab
trap/pot.
U.S. Mid-Atlantic eel trap/ Unknown None documented.
pot.
STOP SEINE/WEIR/POUND NET/
FLOATING TRAP FISHERIES:
Gulf of Maine herring and >1 Harbor porpoise, GME/
Atlantic mackerel stop BF.
seine/weir.
Harbor seal, WNA.
Minke whale, Canadian
east coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab stop 2,600 None documented.
seine/weir.
U.S. Mid-Atlantic mixed Unknown Bottlenose dolphin,
species stop seine/weir/ Northern NC estuarine
pound net (except the NC system.
roe mullet stop net).
RI floating trap........... 9 None documented.
DREDGE FISHERIES:
Gulf of Maine sea urchin Unknown None documented.
dredge.
Gulf of Maine mussel dredge Unknown None documented.
Gulf of Maine, U.S. Mid- >403 None documented.
Atlantic sea scallop
dredge.
Mid-Atlantic blue crab Unknown None documented.
dredge.
Mid-Atlantic soft-shell Unknown None documented.
clam dredge.
Mid-Atlantic whelk dredge.. Unknown None documented.
U.S. Mid-Atlantic/Gulf of 7,000 None documented.
Mexico oyster dredge.
New England and Mid- Unknown None documented.
Atlantic offshore surf
clam/quahog dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach seine. 15 None documented in the
most recent five years
of data.
Gulf of Mexico haul/beach unknown None documented.
seine.
Southeastern U.S. Atlantic 25 None documented.
haul/beach seine.
DIVE, HAND/MECHANICAL
COLLECTION FISHERIES:
Atlantic Ocean, Gulf of 20,000 None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin dive, Unknown None documented.
hand/mechanical collection.
Page 58445
Gulf of Mexico, Southeast Unknown None documented.
Atlantic, Mid-Atlantic,
and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
Atlantic Ocean, Gulf of 4,000 Bottlenose dolphin,
Mexico, Caribbean Biscayne Bay
commercial passenger estuarine.
fishing vessel.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Choctawhatchee Bay.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay.
Bottlenose dolphin, GMX
bay, sound, estuarine.
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville estuarine
system.
Bottlenose dolphin,
Northern FL coastal.
Bottlenose dolphin,
Northern GA/Southern
SC estuarine.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC estuarine.
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Southern NC estuarine
system.
Bottlenose dolphin,
Southern SC/GA
coastal.
Bottlenose dolphin,
Western GMX coastal.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: DE--Delaware; FL--
Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of Fundy; GMX--Gulf of
Mexico; MA--Massachusetts; NC--North Carolina; NY--New York; RI--Rhode
Island; SC--South Carolina; VA--Virginia; WNA--Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in Table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal species
Number of and/or stocks
Fishery description HSFCA permits incidentally killed or
injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
Atlantic Highly Migratory 86 Atlantic spotted
Species *. dolphin, WNA.
Bottlenose dolphin,
Northern GMX oceanic.
Bottlenose dolphin, WNA
offshore.
Common dolphin, WNA.
Cuvier's beaked whale,
WNA.
False killer whale,
WNA.
Killer whale, GMX
oceanic.
Kogia spp. whale (Pygmy
or dwarf sperm whale),
WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale, Canadian
East coast.
Pantropical spotted
dolphin, WNA.
Risso's dolphin, GMX.
Risso's dolphin, WNA.
Short-finned pilot
whale, WNA.
Western Pacific Pelagic (HI 135 Bottlenose dolphin, HI
Deep-set component) * Pelagic.
caret.
False killer whale, HI
Pelagic.
Pantropical spotted
dolphin, HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI
DRIFT GILLNET FISHERIES:
Pacific Highly Migratory 5 Long-beaked common
Species * caret. dolphin, CA.
Humpback whale, CA/OR/
WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/OR/
WA.
Short-beaked common
dolphin, CA/OR/WA.
------------------------------------------------------------------------
Page 58446
Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
Atlantic Highly Migratory 1 Undetermined.
Species.
TRAWL FISHERIES:
Atlantic Highly Migratory 1 Undetermined.
Species **.
CCAMLR..................... 0 Antarctic fur seal.
PURSE SEINE FISHERIES:
South Pacific Tuna 39 Undetermined.
Fisheries.
Western Pacific Pelagic.... 3 Undetermined.
LONGLINE FISHERIES:
CCAMLR..................... 0 None documented.
South Pacific Albacore 15 Undetermined.
Troll.
South Pacific Tuna 8 Undetermined.
Fisheries **.
Western Pacific Pelagic (HI 15 Blainville's beaked
Shallow-set component) * whale, HI.
caret.
Bottlenose dolphin, HI
Pelagic.
False killer whale, HI
Pelagic.
Humpback whale, Central
North Pacific.
Kogia spp. whale (Pygmy
or dwarf sperm whale),
HI.
Risso's dolphin, HI.
Short-beaked common
dolphin, CA/OR/WA.
Short-finned pilot
whale, HI.
Striped dolphin, HI
HANDLINE/POLE AND LINE
FISHERIES:
Atlantic Highly Migratory 3 Undetermined.
Species.
Pacific Highly Migratory 50 Undetermined.
Species.
South Pacific Albacore 9 Undetermined.
Troll.
Western Pacific Pelagic.... 5 Undetermined.
TROLL FISHERIES:
Atlantic Highly Migratory 2 Undetermined.
Species.
South Pacific Albacore 38 Undetermined.
Troll.
South Pacific Tuna 5 Undetermined.
Fisheries **.
Western Pacific Pelagic.... 21 Undetermined.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
Northwest Atlantic Bottom 1 None documented.
Longline.
Pacific Highly Migratory 126 None documented in the
Species *. most recent 5 years of
data.
PURSE SEINE FISHERIES
Pacific Highly Migratory 8 None documented.
Species * caret.
TRAWL FISHERIES:
Northwest Atlantic......... 1 None documented.
TROLL FISHERIES:
Pacific Highly Migratory 243 None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3: CA--
California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
Washington; WNA--Western North Atlantic.
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in Table 1 or 2. The number of permits
listed in Table 3 represents only the number of permits for the high
seas component of the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004),
the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
license (in the case of the South Pacific Tuna fisheries). Because
HSFCA permits are valid for five years, permits obtained in past years
exist in the HSFCA permit database for gear types that are now
unauthorized. Therefore, while HSFCA permits exist for these gear
types, it does not represent effort. In order to land fish species,
fishers must be using an authorized gear type. Once these permits for
unauthorized gear types expire, the permit-holder will be required to
obtain a permit for an authorized gear type.
caret The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I
Plan (ALWTRP)--50 CFR 229.32.
Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American
lobster trap/pot.
Northeast sink gillnet.
Category II
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
Page 58447
Northeast anchored float
gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.caret
Bottlenose Dolphin Take Reduction Plan Category I
(BDTRP)--50 CFR 229.35.
Mid-Atlantic gillnet.
Category II
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet
fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp
trawl.caret
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.caret
VA pound net.
False Killer Whale Take Reduction Plan Category I
(FKWTRP)--50 CFR 229.37.
HI deep-set longline.
Category II
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I
(HPTRP)--50 CFR 229.33 (New England)
and 229.34 (Mid-Atlantic).
Mid-Atlantic gillnet.
Northeast sink gillnet.
Pelagic Longline Take Reduction Plan Category I
(PLTRP)--50 CFR 229.36.
Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics
longline.
Pacific Offshore Cetacean Take Category I
Reduction Plan (POCTRP)--50 CFR 229.31.
CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team Category II
(ATGTRT).
Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl
(including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl
(including pair trawl).
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
waters; caretOnly applicable to the portion of the fishery operating
in the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this rule would not have a significant economic impact on a substantial number of small entities. On June 12, 2014, the Small Business Administration (SBA) issued a final rule revising the small business size standards for several industries effective July 14, 2014 (79 FR 33647). The rule increased the size standard for Finfish Fishing from $19.0 to $20.5 million, Shellfish Fishing from $5.0 to $5.5 million, and Other Marine Fishing from $7.0 to $7.5 million. NMFS has reviewed the analyses prepared for this action in light of the new size standards. Under the former, lower size standards, all entities subject to this action were considered small entities, thus they all would continue to be considered small under the new standards. The factual basis leading to the certification is set forth below.
Under existing regulations, all individuals participating in Category I or II fisheries must register under the MMPA and obtain an Authorization Certificate. The Authorization Certificate authorizes the taking of non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Additionally, individuals may be subject to a TRP and requested to carry an observer. NMFS has estimated that up to approximately 58,500 fishing vessels, most with annual revenues below the SBA's small entity thresholds, may operate in Category I or II fisheries. As fishing vessels operating in Category I or II fisheries, they are required to register with NMFS. Forty-five fishing vessels are new to Category II as a result of this proposed rule. The MMPA registration process is integrated with existing state and Federal licensing, permitting, and registration programs. Therefore, individuals who have a state or Federal fishing permit or landing license, or who are authorized through another related state or Federal fishery registration program, are currently not required to register separately under the MMPA or pay the $25 registration fee. Therefore, this proposed rule would not impose any direct costs on small entities. Record keeping and reporting costs associated with this rulemaking are minimal and would not have a significant impact on a substantial number of small entities.
If a vessel is requested to carry an observer, vessels will not incur any direct economic costs associated with carrying that observer. In addition, section 118 of the MMPA states that an observer is not required to be placed on a vessel if the facilities for quartering an observer or performing observer functions are inadequate or unsafe, thereby exempting vessels too small to accommodate an observer from this requirement. As a result of this certification, an initial regulatory
Page 58448
flexibility analysis is not required and has not been prepared. In the event that reclassification of a fishery to Category I or II results in a TRP, economic analyses of the effects of that TRP would be summarized in subsequent rulemaking actions.
This proposed 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 proposed rule has been determined to be not significant for the purposes of Executive Order 12866.
An environmental assessment (EA) was prepared under the National Environmental Policy Act (NEPA) in 1995 and 2005. The 1995 EA examined the effects of regulations implementing section 118 of the 1994 Amendments of the MMPA on the affected environment. The 2005 EA analyzed the environmental impacts of continuing the existing scheme (as described in the 1995 EA) for classifying fisheries on the LOF. The 1995 EA and the 2005 EA concluded that implementation of MMPA section 118 regulations would not have a significant impact on the human environment. NMFS reviewed the 2005 EA in 2009. NMFS concluded that because there were no changes to the process used to develop the LOF and implement section 118 of the MMPA, there was no need to update the 2005 EA. This rule would not change NMFS' current process for classifying fisheries on the LOF; therefore, this rule is not expected to change the analysis or conclusion of the 2005 EA and FONSI, and no update is needed. If NMFS takes a management action, for example, through the development of a TRP, NMFS would first prepare an environmental document, as required under NEPA, specific to that action.
This proposed 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 proposed rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams.
This proposed rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act.
References
Allen, B.M. and R.P. Angliss, editors. 2015. Alaska Marine Mammal Stock Assessments, 2014. NOAA Tech. Memo. NMFS-AFSC-301. 270 p.
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D. Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill. 2015. U.S. Pacific Marine Mammal Stock Assessments: 2014. NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-549. 78 p.
Garrison, L.P. and Stokes, L. 2014. Estimated Bycatch of Marine Mammals and Sea Turtles in U.S. Atlantic Pelagic Longline Fleet During 2013. NOAA Technical Memorandum NOAA-NMFS-SEFSC-667: 6lp.
McCracken, M.L. Assessment of Incidental Interactions with Marine Mammals in the Hawaii Deep and Shallow Set Fisheries from 2008 through 2012. NMFS Pacific Islands Fisheries Science Center, PIFSC Internal Report IR-14-006. 1 p. + Excel spreadsheet.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2015. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2014. NOAA Technical Memorandum NOAA-NE-231. 355 p.
Dated: September 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 2015-24638 Filed 9-28-15; 8:45 am
BILLING CODE 3510-22-P
