[Federal Register: January 10, 2003 (Volume 68, Number 7)]
[Proposed Rules]
[Page 1414-1430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja03-15]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[021213308-2308-01, 111802B]
RIN 0648-AQ60
List of Fisheries for 2003
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) proposes changes
for 2003 to the List of Fisheries (LOF) as required by the Marine
Mammal Protection Act (MMPA). The proposed LOF for 2003 reflects new
information on interactions between commercial fisheries and marine
mammals. Under the MMPA, NMFS must place each commercial fishery on the
LOF into one of three categories based upon the level of serious injury
and mortality of marine mammals that occurs incidental to that fishery.
The categorization of a fishery in 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
requirements.
DATES: Comments must be received by February 10, 2003.
ADDRESSES: Send comments to Chief, Marine Mammal Conservation Division,
[[Page 1415]]
Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910.
Comments regarding the burden-hour estimates or any other aspect of
the collection of information requirements contained in this proposed
rule should be sent to the Chief, Marine Mammal Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910 and to the Office of Information and Regulatory
Affairs, OMB, Attention: NOAA Desk Officer, Washington, DC 20503.
Registration information, materials, and marine mammal reporting
forms may be obtained from the following regional offices:
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs.
NMFS, Southeast Region, 9721 Executive Center Drive North, St.
Petersburg, FL 33702, Attn: Teletha Griffin.
NMFS, Southwest Region, Protected Species Management Division, 501
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Don
Peterson.
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Permits Office.
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Tanya Dobrzynski, Office of Protected
Resources, 301-713-2322; Kim Thounhurst, Northeast Region, 978-281-
9138; Katie Moore, Southeast Region, 727-570-5312; Cathy Campbell,
Southwest Region, 562-980-4060; Brent Norberg, Northwest Region, 206-
526-6733; Amy Van Atten, Alaska Region, 907-586-7642. Individuals who
use a telecommunications device for the deaf 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?
Under section 118 of the MMPA, NMFS must publish, at least
annually, an LOF that places all U.S. commercial fisheries into one of
three categories based on the level of incidental serious injury and
mortality of marine mammals that occurs in each fishery (16 U.S.C. 1387
(c)(1)). The categorization of a fishery in 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.
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 at 50 CFR 229.2.
Tier 1: If the total annual mortality and serious injury across all
fisheries that interact with a stock is less than or equal to 10
percent of the PBR level of this stock, all fisheries interacting with
this stock would be placed in Category III. 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.
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.
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.
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 threshold percentages between 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).
Note that, since fisheries are categorized on a per-stock basis, a
fishery may qualify as one Category for one marine mammal stock and a
distinct Category for a different marine mammal stock. A fishery is
typically placed on the LOF at its highest level of classification
(e.g., a fishery that qualifies for Category III for one marine mammal
stock and for Category II for another marine mammals stock will be
listed under Category II).
Other Criteria That May Be Considered
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 serious
injury or mortality qualifies for Category II 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 (50 CFR 229.2).
How Do I Find Out if a Specific Fishery is in Category I, II, or III?
This proposed rule includes two tables that list all U.S.
commercial fisheries by LOF Category. Table 1 lists all of the
fisheries in the Pacific Ocean (including Alaska). Table 2 lists all of
the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.
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 from NMFS in order to lawfully incidentally take a marine
mammal in a commercial fishery. 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?
Fishers must register with the Marine Mammal Authorization Program
(MMAP) by contacting the relevant NMFS Regional Office (see ADDRESSES)
unless they participate in a fishery that has an integrated
registration program (described below). Upon receipt of a completed
registration, NMFS will issue vessel or gear owners physical evidence
of a current and valid registration that must be displayed or that must
be in the possession of the master of each vessel
[[Page 1416]]
while fishing in accordance with Section 118 of the MMPA (16 U.S.C.
1387(c)(3)(A)).
What is the Process for Registering in an Integrated Fishery?
For some fisheries, NMFS has integrated the MMPA registration
process with existing state and Federal fishery license, registration,
or permit systems and related programs. Participants in these fisheries
are automatically registered under the MMPA and are not required to
submit registration or renewal materials or pay the $25 registration
fee. Following is a list of integrated fisheries and a summary of the
integration process for each Region. Fishers who operate in an
integrated fishery and have not received registration materials should
contact their NMFS Regional Office (see ADDRESSES).
Which Fisheries Have Integrated Registration Programs?
The following fisheries have integrated registration programs under
the MMPA:
1. All Alaska Category II fisheries.
2. All Washington and Oregon Category II fisheries.
3. Northeast Regional fisheries for which a state or Federal permit
is required. Individuals fishing in fisheries for which no state or
Federal permit is required must register with NMFS by contacting the
Northeast Regional Office (see ADDRESSES).
4. All North Carolina, South Carolina, Georgia, and Florida
Category II fisheries for which a state permit is required.
Alaska Region
The Alaska Region has integrated MMAP registration for Alaska
Category II fisheries with the Alaska State system for registering
commercial vessels and permitting commercial fishers. Therefore, if a
vessel owner plans to participate in one or more of the Category II
fisheries and is licensed under the State of Alaska's Commercial
Fisheries Entry Program, the vessel owner will be registered
automatically in the MMAP and will not have to submit MMAP registration
or renewal materials or pay a processing fee. The information required
for MMAP registration will be obtained by NMFS directly from the State
of Alaska and will be automatically incorporated into the NMFS MMAP
database. At the beginning of each calendar year, permitted vessel
owners and set net operators will be sent an MMAP certificate for that
year, an MMAP decal, the terms and conditions of the authorization, and
marine mammal injury and mortality reporting forms. MMAP certificates
will be valid only if presented with a valid fishing permit.
Northwest Region
Washington and Oregon have integrated MMAP registration with
existing permit programs for all Washington and Oregon Category II
fisheries. These states issue MMAP certificates for Category II
fisheries as part of the fishing license renewal process. MMAP
certificates will be valid only if presented with a valid fishing
permit. If a vessel owner plans to participate in one or more of the
Category II fisheries or has a license issued by the states of Oregon
or Washington, the vessel owner will be registered automatically in the
MMAP and will not have to submit MMAP registration or renewal materials
or pay a processing fee.
Southwest Region
No Southwest Region fisheries are integrated under the MMAP.
Northeast Region
In the Northeast Region, MMAP registration is integrated with
existing fishing permit processes for all fishers engaged in Category I
or II fisheries for which a state or federal permit is required. At the
beginning of each calendar year, these vessel owners will be sent an
MMAP certificate for that year, the terms and conditions of the
authorization, and marine mammal and injury reporting forms. However,
all state and Federal permit holders that receive new permits for
Category I or II fisheries after the beginning of the calendar year
must submit a registration or renewal application to NMFS Northeast
Regional Office (see ADDRESSES). MMAP certificates will be valid only
if presented with a valid state or Federal fishing permit. Individuals
fishing in Category I or II fisheries in the Northeast Region for which
state or federal permits are not required must register under the MMAP
by submitting a registration or renewal form to NMFS Northeast Regional
Office (see ADDRESSES). No fees are required for either integrated or
non-integrated fisheries.
Southeast Region
NMFS has integrated registration for all participants in North
Carolina, South Carolina, Georgia, and Florida Category II fisheries
for which a state permit is required. Therefore, for these fisheries,
the vessel owner will be registered automatically in the MMAP and will
not have to submit MMAP registration or renewal materials or pay a
processing fee. At the beginning of each calendar year, these vessel
owners will be sent an MMAP certificate for that year, the terms and
conditions of the authorization, and marine mammal and injury reporting
forms. MMAP certificates will be valid only if presented with a valid
state permit. All fishers who plan to participate in any other Category
I or II fishery in the Southeast Region must register under the MMAP by
submitting a registration or renewal form and the processing fee to
NMFS. The Southeast Region is currently working towards integrating
additional state and federal licensing and permitting systems with the
MMAP.
How Do I Renew My Registration Under the MMPA?
Regional Offices, except for the Northeast Region, annually send
renewal packets to participants in Category I or II fisheries that have
previously registered; however, it is the responsibility of the fisher
to ensure that registration or renewal forms are completed and
submitted to NMFS at least 30 days in advance of fishing. Individuals
who have not received a renewal packet by January 1 or are registering
for the first time should request a registration form from the
appropriate Regional Office (see ADDRESSES).
Am I Required to Submit Reports When I Injure or Kill 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 fisher (in the case of non-vessel
fisheries), participating in a Category I, II, or III fishery must
report all incidental injuries or mortalities of marine mammals that
occur during commercial fishing operations to NMFS. ``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 absence of any wound or
other evidence of an injury, and must be reported. Instructions on how
to submit reports can be found in 50 CFR 229.6.
Am I Required to Take an Observer Aboard My Vessel?
Fishers participating in a Category I or II fishery are required to
accommodate an observer aboard vessel(s) upon request. Observer
requirements can be found in 50 CFR 229.7.
[[Page 1417]]
Am I Required to Comply With Any Take Reduction Plan Regulations?
Fishers participating in a Category I or II fishery are required to
comply with any applicable take reduction plans.
Sources of Information Reviewed for the Proposed 2003 LOF
NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the Stock Assessment Reports (SARs)
for all observed fisheries to determine whether changes in fishery
classification were warranted. NMFS also reviewed other sources of new
information, including marine mammal stranding data, observer program
data, fisher self-reports, and other information that is not included
in the SARs.
NMFS SARs provide the best available information on both the level
of serious injury and mortality of marine mammals that occurs
incidental to commercial fisheries and the PBR levels for 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 the
Caribbean. The SRGs were created by the MMPA to review the science that
goes into the stock assessment reports and to advise NMFS on population
status and trends, stock structure, uncertainties in the science,
research needs, and other issues.
The proposed LOF for 2003 was based on information provided in the
final SARs for 1996 (63 FR 60, January 2, 1998), the final SARs for
2001 (67 FR 10671, March 8, 2002), and the draft SARs for 2002 (67 FR
19417, April 19, 2002).
Summary of Changes to the Proposed LOF for 2003
With the following exceptions, the placement and definitions of
U.S. commercial fisheries are identical to those provided in the LOF
for 2002. The following summarizes changes in fishery classification,
fishery definition, fisheries listed on the LOF, number of participants
in a particular fishery, and the species and/or stocks that are
incidentally killed or seriously injured in a particular fishery, that
are proposed for the 2003 LOF.
Commercial Fisheries in the Pacific Ocean: Fishery Classification
Alaska Bering Sea Aleutian Islands Groundfish Trawl Fishery
NMFS proposes to elevate the Alaska (AK) Bering Sea and Aleutian
Islands (BSAI) groundfish trawl fishery to Category II based on a
review of observer data from 1995-1999 and the following tier analysis.
Observer coverage in the AK BSAI groundfish trawl fishery ranged from
53 percent to 76 percent per year between 1990 and 2000. Marine mammal
species incidentally injured or killed in the AK BSAI groundfish trawl
fishery include: western North Pacific stock of humpback whales,
eastern North Pacific stock of resident killer whales, eastern North
Pacific stock of transient killer whales, central North Pacific stock
of humpback whales, western U.S. stock of Steller sea lions, northeast
Pacific stock of fin whales, North Pacific stock of Pacific white-sided
dolphin, Bering Sea stock of harbor porpoise, Eastern Pacific stock of
northern fur seals, Bering Sea stock of harbor seals, Alaska stock of
bearded seals, Alaska stock of ringed seals, Alaska stock of spotted
seals, Alaska stock of Dall's porpoise, Alaska stock of ribbon seals,
CA breeding stock of northern elephant seals, Alaska stock of sea
otters, and Alaska stock of Pacific walrus.
Tier 1 Evaluation: Total annual incidental mortality and serious
injury across all fisheries is greater than or equal to 10 percent of
the PBR levels for the following stocks: western North Pacific humpback
whales, eastern North Pacific resident killer whales, eastern North
Pacific transient killer whales, central North Pacific humpback whales,
and western U.S. Steller sea lions. Therefore, the AK BSAI Groundfish
Trawl Fishery is subject to Tier 2 analysis.
Tier 2 Evaluation: Total annual mortality and serious injury of the
western North Pacific stock of humpback whales in this fishery is 0.4
animals per year, or 57.1 percent of the PBR level (0.7 animals per
year). Because this level of mortality and serious injury exceeds 50
percent of the PBR level, this fishery qualifies for elevation to
Category I.
Total annual mortality and serious injury of the eastern North
Pacific transient stock of killer whales in this fishery is 0.6 animals
per year, or 14.3 percent of the PBR level (2.8 animals per year).
Because this level of mortality and serious injury exceeds 1 percent of
the PBR level but is less than 50 percent of the PBR level, this
fishery qualifies for elevation to Category II.
Total annual mortality and serious injury of the eastern North
Pacific resident stock of killer whales in this fishery is 0.6 animals
per year, or 8.3 percent of the PBR level (7.2 animals per year).
Because this level of mortality and serious injury exceeds 1 percent of
the PBR level but is less than 50 percent of the PBR level, this
fishery qualifies for elevation to Category II.
Total annual mortality and serious injury of the central North
Pacific stock of humpback whales in this fishery is 0.4 animals per
year, or 5.4 percent of the PBR level (7.4 animals per year). Because
this level of mortality and serious injury exceeds 1 percent of the PBR
level but is less than 50 percent of the PBR level, this fishery
qualifies for elevation to Category II.
Total annual mortality and serious injury of the western U.S. stock
of Steller sea lions in this fishery is 7.8 animals per year, or 3.8
percent of the PBR level (208 animals per year). Because this level of
mortality and serious injury exceeds 1 percent of the PBR level but is
less than 50 percent of the PBR level, this fishery qualifies for
elevation to Category II.
The data presented above, specifically the serious injury and
mortality of western North Pacific humpback whales, appears to justify
placement of the AK BSAI groundfish trawl fishery into Category I.
However, NMFS considered additional information about the data. The PBR
level for western North Pacific humpback whales is based on a minimum
population estimate of 367 animals, which may be an underestimate of
the true population size. Recent vessel surveys of a small portion of
the Bering Sea resulted in an estimate of approximately 1,100 humpback
whales. However, it is not possible to determine what portion of this
estimate can be assigned to the central stock versus the western stock
of humpback whales. If the minimum population estimate for the western
stock is underestimated by only 43 animals, total annual mortality and
serious injury in this fishery would be less than 50 percent of the PBR
level and the fishery would qualify for Category II.
Additionally, it is not known whether the humpback whale
mortalities incidental to this fishery (1 in 1998 and 1 in 1999) should
be assigned to the western or central stocks. The mortalities are
assigned to both stocks (i.e., 2 mortalities assigned to the western
stock and 2 mortalities assigned to the central stock) and therefore
the mortalities are ``double-counted'' in the above tier analysis. If
one mortality was from the western stock and one mortality was from the
central stock, NMFS could not justify placing this fishery in Category
I.
Finally, this analysis reflects observer data through 1999. Based
on preliminary data from 2000, one unidentified large whale was killed
incidental to this fishery. Photographs
[[Page 1418]]
of this incident clearly show that the unidentified animal was not a
humpback whale. Further examination of the photographs may provide
additional insight as to the species. Preliminary data from 2000 also
indicate that the numbers of Steller sea lions seriously injured or
killed remained roughly comparable to the numbers in previous years
(approximately 6-7 animals per year).
For the reasons listed above, NMFS proposes to elevate the AK BSAI
groundfish trawl fishery to Category II.
California/Oregon Thresher Shark/Swordfish Drift Gillnet Fishery
([gteqt]14 in. mesh)
NMFS proposes to reclassify the Category I California/Oregon (CA/
OR) thresher shark/swordfish drift gillnet fishery ([gteqt]14 in. mesh)
as Category II. This fishery includes all vessels using drift gillnets
of greater than or equal to 14 inch stretched mesh to target thresher
shark and swordfish off California and Oregon. It operates primarily
outside of state waters to about 150 miles offshore, and ranges from
the U.S./Mexico border north to the Columbia River in Oregon. Observer
coverage in this fishery ranged from 22.7 percent to 20.4 percent from
1997 to 2001.
The Pacific Offshore Cetacean Take Reduction Team (Team) was
convened in 1996 to address incidental mortality and serious injury of
marine mammals in this fishery. NMFS implemented a Pacific Offshore
Cetacean Take Reduction Plan (Plan) in 1997 based on the Team's
recommendations. As a result of the Plan, serious injury and mortality
of marine mammals has been reduced to below 50 percent of the PBR level
for the marine mammal stocks interacting with this fishery. Therefore,
NMFS proposes to reclassify this fishery as Category II. NMFS will
continue to place observers on vessels participating in this fishery
and work with the Team to monitor and address entanglement of marine
mammals in the fishery. The Team supported the reclassification of this
fishery at their meeting in May 2002.
NMFS' analysis of the incidental mortality and serious injury of
marine mammals in this fishery is based on observer data collected
between 1997 and 2001. Marine mammals incidentally injured or killed in
the CA/OR thresher shark/swordfish drift gillnet fishery between 1997
and 2001 include: U.S. stock of CA sea lions, CA breeding stock of
northern elephant seals, California/Oregon/Washington (CA/OR/WA) stock
of Dall's porpoise, CA/OR/WA Northern and Southern stocks of Pacific
white-sided dolphin, CA/OR/WA stock of Risso's dolphin, CA/OR/WA stock
of short-beaked common dolphin, CA/OR/WA stock of long-beaked common
dolphin, CA/OR/WA stock of northern right-whale dolphin, CA/OR/WA stock
of short-finned pilot whales, CA/OR/WA stock of sperm whales, CA/OR/WA
stock of fin whales, and eastern North Pacific stock of gray whales.
There are approximately 113 participants in this fishery, which is the
number of permits issued for this fishery by California Department of
Fish and Game in 2001. Following is the Tier analysis supporting the
reclassification of this fishery.
Tier 1 Evaluation: The estimated total annual incidental mortality
and serious injury across all fisheries is greater than 10 percent of
the PBR levels for the following stocks: U.S. stock of CA sea lions,
CA/OR/WA stock of northern right-whale dolphin, CA/OR/WA stock of
short-finned pilot whales, CA/OR/WA stock of sperm whales, and CA/OR/WA
stock of fin whales. Therefore, this fishery is subject to Tier 2
analysis for these stocks.
Tier 2 Evaluation: The average annual estimated mortality and
serious injury of California sea lions incidental to the CA/OR thresher
shark/swordfish drift gillnet fishery during 1997-2001 was 82 animals
per year, or 1.2 percent of the PBR level for California sea lions
(6,591 animals per year). Because this level of mortality and serious
injury exceeds 1 percent of the PBR level but is less than 50 percent
of the PBR level, this fishery qualifies for reclassification as a
Category II fishery.
The average annual estimated mortality and serious injury of
northern right-whale dolphins incidental to this fishery during this
period was 23.8 animals per year, or 24.5 percent of the PBR level for
this stock (97 animals per year). Because this level of mortality and
serious injury exceeds 1 percent of the PBR level but is less than 50
percent of the PBR level, this fishery qualifies for reclassification
as a Category II fishery.
The average annual estimated mortality and serious injury of short-
finned pilot whales incidental to this fishery from 1997-2001 was 1.2
animals per year, or 21.1 percent of the PBR level for this stock (5.7
animals per year). Because this level of mortality and serious injury
exceeds 1 percent of the PBR level but is less than 50 percent of the
PBR level, this fishery qualifies for reclassification as a Category II
fishery.
The average annual estimated mortality and serious injury of sperm
whales incidental to this fishery during this period was 1 animal per
year, or 47.8 percent of the PBR level for this stock (2.1 animals per
year). Because this level of mortality and serious injury exceeds 1
percent of the PBR level but is less than 50 percent of the PBR level,
this fishery qualifies for reclassification as a Category II fishery.
The average annual estimated mortality and serious injury of fin
whales incidental to this fishery from 1997 to 2001 was 1 animal per
year, or 31.3 percent of the PBR level for this stock (3.2 animals per
year). Because this level of mortality and serious injury exceeds 1
percent of the PBR level but is less than 50 percent of the PBR level,
this fishery qualifies for reclassification as a Category II fishery.
Since the annual estimated level of marine mammal mortality and
serious injury incidental to this fishery is less than 50 percent and
greater than 1 percent of the PBR level for all marine mammal stocks
described in the Tier 2 analysis, NMFS proposes to reclassify this
fishery as Category II.
AK Cook Inlet Salmon Drift Gillnet Fishery
NMFS proposes to reclassify the Cook Inlet salmon drift gillnet
fishery from Category II to Category III. The Category II Cook Inlet
salmon drift gillnet fishery was observed in 1999 and 2000. One serious
injury of a Gulf of Alaska harbor porpoise was observed in the drift
gillnet fishery during the 2000 fishing season. This take constitutes
less than 1 percent of the PBR for Gulf of Alaska harbor porpoise (PBR
= 166). There were no other marine mammal stocks reported interacting
with this fishery during the 1999-2000 fishing seasons. Based on the
observed level of take in this fishery, NMFS proposes to reclassify the
fishery as Category III at this time. An analysis of all takes in this
fishery from 1995-2000, relative to the classification criteria support
a reclassification from Category III to Category II.
AK Cook Inlet Salmon Set Gillnet Fishery
The Category II Cook Inlet set gillnet fishery was observed in 1999
and 2000. No serious injuries or mortalities of marine mammals were
observed in this fishery. Therefore, NMFS proposes to reclassify this
fishery from Category II to Category III.
Addition of Fisheries to the LOF
CA Yellowtail, Barracuda, White Seabass, and Tuna Drift Gillnet Fishery
(mesh size 3.5 inches and <14 inches)
NMFS proposes to add the CA yellowtail, barracuda, white seabass,
[[Page 1419]]
and tuna drift gillnet fishery (mesh size 3.5 inches and <
14 inches) to the LOF as a Category II fishery based on this fishery's
similarity to other drift gillnet fisheries, and therefore, its
potential to entangle marine mammals. California Department of Fish and
Game logbook and landings data for 1999-2001 indicate that there are
approximately 24 vessels that use drift gillnets of greater than 3.5
inches and less than 14 inches to target yellowtail, barracuda, and
white seabass of southern California, as well as to target bluefin and
albacore tuna primarily off central California. These drift gillnets
are up to 6,000 feet long and are set at the surface. Of the 24 vessels
known to participate in this fishery in 1999-2001, 19 vessels targeted
white seabass during 1999 and 2000, making a total of 277 sets; 7
vessels targeted yellowtail during 1999 and 2000, making a total of 45
sets; and 7 vessels targeted tuna, making a total of 43 sets in 2001.
NMFS does not currently have observer data on the mortality or
serious injury of marine mammals incidental to this fishery.
Nonetheless, this fishery has a potential to entangle marine mammals
because other drift gillnet fisheries with similar characteristics are
known to entangle marine mammals. The CA/OR thresher shark/swordfish
drift gillnet fishery, for instance, which uses a larger mesh size,
historically resulted in frequent incidental mortality and serious
injury of marine mammals and is currently subject to take reduction
plan regulations. These regulations include requirements to use
acoustic pingers on drift gillnets and to set gillnets at least 36 feet
below the surface in order to reduce the likelihood of entanglement of
marine mammals. While NMFS is uncertain of the likelihood that this new
smaller mesh drift gillnet fishery will entangle marine mammals, there
are similarities between this fishery and the CA/OR thresher shark/
swordfish drift gillnet fishery. As a result, NMFS proposes that this
fishery be placed in Category II, based on analogy with the CA/OR
thresher shark/swordfish fishery and other gillnet fisheries. This
fishery would include all vessels using drift gillnets of mesh size
greater than 3.5 inches and less than 14 inches to target yellowtail,
barracuda, white seabass and tuna off California.
In July 2002, NMFS began placing observers on some vessels in this
fishery to better assess its potential to entangle marine mammals.
Based on information collected by observers, NMFS will reassess the
categorization of this fishery in a future LOF and evaluate whether
this fishery should be addressed by the Pacific Offshore Cetacean Take
Reduction Team.
Removals of Fisheries from the LOF
CA Shark/Bonito Longline/Set Line Fishery
In the final LOF for 1998 (63 FR 5748, 5750, February 4, 1998),
NMFS revised the name of the CA shark/bonito longline/set line fishery
to the CA offshore longline fishery because the fishery primarily
targeted swordfish and tunas. Because of a technical error, this name
change was not carried forward into the LOF for subsequent years and
the fishery remained listed as the CA shark/bonito longline/set line
fishery. NMFS is not proposing to implement this name change at this
time as it would be duplicative of the CA pelagic longline fishery
discussed below. Additionally, there is no evidence that this fishery
currently operates. Rather, NMFS proposes to remove the CA shark/bonito
longline/set line from the LOF.
Fishery Name and Organizational Changes and Clarifications
Alaska Crustacean Pot Fishery
All shrimp and crab pot fisheries in Alaska are grouped into the
Category III Alaska crustacean pot fishery. Since 1996, there have been
at least 11 reports of humpback whales entangled in pot gear from the
Alaska crustacean pot fishery. Of these entanglements, at least 2
likely caused serious injuries leading to the mortality of the
entangled humpback whale. While all 11 of the entanglements were
observed in areas where the central North Pacific stock of humpback
whales is found, it is not clear whether the entangling gear originated
in these same areas. For example, one report identified the gear as
tanner crab gear, but the tanner crab fishery has not been active in
the known range of the central North Pacific stock of humpback whales
since 1996.
NMFS has been studying the stock structure of central North Pacific
humpback whales and may propose to separate a portion of the stock that
forages in southeast Alaska from the remainder of the stock in the
draft 2003 Stock Assessment Report. During this revision, additional
effort will be made to determine the likely sources of the pot gear
entanglements for central North Pacific humpback whales. NMFS proposes
to retain the Alaska crustacean pot fishery in Category III at this
time, but will evaluate whether or not to reclassify this fishery in
the 2004 LOF, once more information is obtained about humpback whale
stock structure.
CA Angel Shark/Halibut and Other Species Large Mesh (3.5 in.
mesh) Set Gillnet Fishery
The CA angel shark/halibut and other species large mesh set gillnet
fishery includes all vessels using set gillnets of greater than 3.5
inches stretched mesh to target angel shark and halibut, as well as
other species, such as yellowtail and white seabass. This fishery
operates off southern and central California. It is a Category I
fishery because the average estimated annual mortality and serious
injury of the Monterey Bay stock of harbor porpoise in this fishery
exceeds 50 percent of the PBR level (11 animals per year) for this
stock.
NMFS proposes to remove the reference to ``large mesh'' in the name
of this fishery, and rename it the ``CA angel shark/halibut and other
species set gillnet fishery (3.5 in. mesh).'' According to
50 CFR Part 229.2, a large mesh gillnet is a gillnet with a mesh size
of 7 to 18 inches. Since the CA angel shark/halibut and other species
set gillnet fishery uses a mesh size of greater than 3.5 inches, NMFS
believes that the term ``large mesh'' is not applicable to this
fishery.
In September 2002, the California Department of Fish and Game
issued permanent regulations prohibiting set gillnet fishing in ocean
waters that are 60 fathoms or less in depth in central California from
Point Reyes to Point Arguello, citing concerns over the incidental take
of seabirds and sea otters. NMFS expects that this closure will result
in a significant reduction in effort in this fishery off central
California, and subsequently, in incidental mortality and serious
injury of harbor porpoise.
CA Longline Fishery
NMFS proposes to revise the name of the ``CA longline fishery'' to
the ``CA pelagic longline fishery.'' As was explained in the proposed
LOF for 2001 (66 FR 6545, 6552, January 22, 2001), this fishery is
directed primarily toward swordfish caught outside the U.S. Exclusive
Economic Zone off California but unloaded in California ports. The name
``CA pelagic longline fishery'' more accurately describes this fishery
and will eliminate confusion between this fishery and the WA/OR/CA
groundfish, bottomfish longline/set line fishery, which is a demersal
longline fishery.
CA Set and Drift Gillnet Fisheries that Use a Stretched Mesh Size of
3.5 Inches or Less
NMFS is not proposing to change the definition or categorization of
this
[[Page 1420]]
Category III fishery, but provides the following explanation for
clarification and comparison with gillnet fisheries for which changes
are proposed. This fishery includes CA gillnet fisheries that use a
mesh size of 3.5 inches or less that target white croaker, bonito,
flying fish, herring, smelt, shad, bottomfish, mullet, perch, and
rockfish. There have been no observed or reported incidental takes of
marine mammals in this fishery. Due to the small mesh used in this
fishery, the likelihood of incidental marine mammal mortality and
serious injury is very low. For these reasons, this fishery remains in
Category III.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery
NMFS proposes to modify the name of this Category I (proposed
Category II) fishery to clarify that it includes drift gillnets of
greater than or equal to 14 inches stretched mesh only. NMFS proposes
to rename the fishery the ``CA/OR thresher shark/swordfish drift
gillnet fishery ([gteqt]14 in. mesh).
Number of Vessels/Persons
AK Bering Sea Aleutian Islands Groundfish Longline/Set Line Fishery
NMFS proposes to change the number of participants in this fishery
from 115 to 148 based on 2000 data.
AK Gulf of Alaska Groundfish Longline/Set Line Fishery
NMFS proposes to change the number of participants in this fishery
from 876 to 1030 based on 2000 data.
AK Bering Sea Aleutian Islands Groundfish Trawl Fishery
NMFS proposes to change the number of participants in this fishery
from 166 to 157 based on 2000 data.
AK Gulf of Alaska Groundfish Trawl Fishery
NMFS proposes to change the number of participants in this fishery
from 198 to 145 based on 2000 data.
AK Bering Sea, Gulf of Alaska Finfish Pot Fishery
NMFS proposes to change the number of participants in this fishery
from 257 to 314 based on 2000 data.
CA Longline Fishery
NMFS proposes to change the number of participants in this fishery
from 45 to 30 to reflect current effort in this fishery.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery
NMFS proposes to revise the number of participants in this fishery
to 113, which is the number of permits issued for this fishery by the
California Department of Fish and Game in 2001.
List of Species that are Incidentally Injured or Killed
AK Bering Sea Aleutian Islands Groundfish Trawl Fishery
NMFS proposes to remove the Gulf of Alaska stock of harbor seal
from the list of marine mammal species and stocks incidentally injured
or killed by the AK BSAI groundfish trawl fishery because there is no
known interaction between this stock of harbor porpoise and this
fishery.
NMFS proposes to add the Northeast Pacific stock of fin whales to
the list of marine mammal species and stocks incidentally injured or
killed by the AK Bering Sea Aleutian Islands groundfish trawl fishery
because this stock is known to interact with this fishery and was
inadvertently omitted from the list of marine mammal species in the
past.
CA Herring Purse Seine Fishery
NMFS proposes to remove the CA coastal stock of bottlenose dolphins
from the list of marine mammal species and stocks incidentally injured
or killed in the CA herring purse seine fishery. The designation of
this stock as interacting with this fishery was based on one
interaction from the early 1990s reported in a logbook; however,
neither the species identification, nor the location of the take, was
ever verified. No other bottlenose dolphins are known to have
interacted with this fishery.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in.
mesh)
NMFS proposes to add the CA/OR/WA stock of fin whales and the
eastern North Pacific stock of gray whales to the list of marine
mammals incidentally injured or killed in the CA/OR thresher shark/
swordfish drift gillnet fishery ([gteqt]14 in. mesh). Interactions
between each of these marine mammal stocks and this fishery have been
documented in previous Stock Assessment Reports. The absence of these
marine mammals from previous LOFs was in error. Therefore, NMFS
proposes to correct this oversight in the 2003 LOF.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean: Fishery Classification
Atlantic Mixed Species Trap/Pot Fishery
NMFS proposes to add the ``Atlantic mixed species trap/pot
fishery'' to the LOF to encompass the Northeast trap/pot fishery, the
Mid-Atlantic mixed species trap/pot fishery, and the U.S. Mid-Atlantic
and Southeast U.S. Atlantic black sea bass trap/pot fisheries and
include any other trap/pot gear that is not included in other trap/pot
fisheries specifically identified in the LOF. Additionally, NMFS
proposes to list the Atlantic mixed species trap/pot fishery as a
Category II fishery. This fishery would extend throughout U.S. Atlantic
waters from Maine to Florida.
NMFS has documented entanglement of whales, pinnipeds, and small
cetaceans in fixed gear. Often, however, the gear involved in whale
entanglements cannot be attributed to a specific fixed gear fishery.
Lobster pot gear, in particular, has been identified in whale
entanglements. Between 1995 and 1999, at least two serious injuries or
mortalities of right whales were attributed to lobster trap/pot gear.
Trap/pot gear is generally fished either as single pots with one buoy
line or as strings of pots with one or more buoy lines. Whales may
become entangled in the vertical or horizontal components of the gear
(e.g., buoy lines and groundlines). The Gulf of Maine/ U.S. Mid-
Atlantic lobster trap/pot fishery was elevated to Category I in the
1997 LOF (62 FR 33, January 2, 1997) because of evidence of incidental
take resulting in serious injury and mortality of right whales, and the
fishery was renamed the Northeast/Mid-Atlantic American lobster trap/
pot fishery in the 2001 LOF (66 FR 42780, August, 15, 2001).
Additionally, small cetaceans and pinnipeds occasionally become
entangled in buoy lines and traps. The Atlantic blue crab trap/pot
fishery was elevated to Category II in the 2001 LOF (66 FR 42780,
August 15, 2001) based on a review of fishery interaction data from
bottlenose dolphin strandings.
Other trap/pot fisheries in the Northeast, Mid-Atlantic, and South
Atlantic use gear components similar to those used in the Northeast/
Mid-Atlantic American lobster trap/pot fishery and the Atlantic blue
crab trap/pot fishery, and therefore, may take marine mammals where
fishing effort overlaps with marine mammal distribution. While the
majority of records of entanglements in fixed gear cannot be attributed
to a specific fishery, it is likely that some entanglements occurred in
trap/pot fisheries other than lobster and blue crab trap/pot fisheries.
These other trap/pot fisheries may occasionally result in incidental
serious injury and mortality to marine mammals. Therefore, NMFS
proposes to reclassify these fixed gear fisheries based on analogy with
the Northeast/Mid-Atlantic American lobster trap/pot fishery and the
Atlantic blue crab trap/pot fishery. NMFS does not believe that the
rate of incidental
[[Page 1421]]
serious injury/mortality in non-lobster trap/pot fisheries would be at
the Category I level because, while the exact number of participants is
unknown, there are far fewer participants in these fixed gear fisheries
than in the lobster fishery. Therefore, NMFS proposes to capture these
other trap/pot fisheries in the newly named Atlantic mixed species
trap/pot fishery and to classify this fishery as Category II.
Specifically, this fishery would combine the Category II Northeast
trap/pot fishery, the Category III Mid-Atlantic mixed species trap/pot
fishery, and the Category III U.S. Mid-Atlantic and Southeast U.S.
Atlantic black sea bass trap/pot fishery and include any other trap/pot
gear that is not included in other trap/pot fisheries specifically
identified in the LOF. An estimate of the number of participants in the
Atlantic mixed species trap/pot fishery is currently unavailable. The
marine mammal species or stocks incidentally injured and killed in
these trap/pot fisheries include the Western North Atlantic stock of
fin whales, the Gulf of Maine stock of humpback whales, the Canadian
east coast stock of Minke whales, and the Gulf of Maine/Bay of Fundy
stock of harbor porpoise.
The Category I Northeast/Mid-Atlantic American lobster trap/pot
fishery and the Category II Atlantic blue crab trap/pot fishery would
retain their separate listings under the LOF. The Category III Florida
spiny lobster trap/pot, Southeastern U.S. Atlantic, Gulf of Mexico
stone crab trap/pot, and U.S. Mid-Atlantic eel trap/pot fisheries would
remain as separate fisheries in Category III because the operation of
these trap/pot fisheries does not overlap with right whale distribution
and these particular fisheries are not known to interact with marine
mammals except on rare occasions. The Southeastern U.S. Atlantic, Gulf
of Mexico golden crab fishery would also remain a separate fishery in
Category III because this fishery is a deep water fishery that does not
use vertical buoy lines typically used in other trap/pot fisheries.
Gulf of Mexico Blue Crab Trap/Pot Fishery
NMFS continues to monitor incidental mortality and serious injury
of marine mammals in the Gulf of Mexico blue crab trap/pot fishery.
Initially, NMFS proposed to elevate the fishery to Category II in the
2001 LOF based on documented interactions with Gulf of Mexico stocks
ofbottlenose dolphins. NMFS will continue to monitor this fishery while
maintaining it in Category III in the 2003 LOF. Over the next year,
NMFS will work with the Gulf States Marine Fisheries Commission and the
National Sea Grant Extension Enhancement Program to improve data on
bottlenose dolphin entanglements and to reduce incidental takes of
bottlenose dolphins in this fishery by removing derelict traps and
educating crabbers. NMFS will reevaluate this fishery in the 2004 LOF.
Gulf of Mexico Gillnet Fishery
NMFS proposes to elevate the Gulf of Mexico gillnet fishery to
Category II. In the 2001 LOF (66 FR 42780, August 15, 2001), NMFS
combined the Category III Gulf of Mexico inshore gillnet, Gulf of
Mexico coastal gillnet, and Gulf of Mexico king and Spanish mackerel
gillnet fisheries into one fishery named the ``Gulf of Mexico gillnet
fishery.'' NMFS initially proposed to elevate this fishery to Category
II based on documented interactions with Gulf of Mexico stocks of
bottlenose dolphins. Ultimately, NMFS decided to reevaluate the
available data and maintained the fishery in Category III in the 2001
LOF.
Estimates of incidental mortality and serious injury of marine
mammals in this fishery are derived primarily from stranding data.
Although gillnet effort has been declining in the Gulf of Mexico, a
reevaluation of stranding data indicates that bottlenose dolphin
strandings continue to occur in areas where gillnet fishing occurs.
Because of the small population size of some of the dolphin stocks in
the bays, sounds, and estuaries of the Gulf of Mexico, the PBR levels
for these stocks are also low, and one interaction every few years can
exceed the thresholds for Tier I and Category I and II levels. Based on
analogy with other gillnet fisheries, the Atlantic Scientific Review
Group's recommendation that NMFS elevate all gillnet fisheries to at
least Category II unless there is evidence to the contrary, and the
stranding data presented in the following Tier anlaysis, NMFS proposes
to elevate the Gulf of Mexico gillnet fishery to Category II. There are
approximately 724 participants in this fishery. The species or stocks
incidentally injured and killed in this fishery include the Western,
Northern, and Eastern Gulf of Mexico coastal stocks of bottlenose
dolphins and the Gulf of Mexico Bay, Sound, and Estuarine stocks of
bottlenose dolphins. Gulf of Mexico Bay, Sound, and Estuarine stocks of
bottlenose dolphins have been broken down into a series of smaller
stocks based on geographic area (e.g., Charlotte Harbor, Mississippi
River Delta) given information that these bottlenose dolphins exhibit
finely-scaled population structure and occur in relatively discrete
communities throughout these areas. PBR levels have been calculated for
each smaller stock where abundance estimates are available.
Tier 1 Evaluation: NMFS reviewed data from stranded bottlenose
dolphins from the Gulf of Mexico that were necropsied and examined for
signs of human interaction. Between 1997 and 2000, stranding network
members in Gulf of Mexico states recovered 39 bottlenose dolphins from
the Gulf of Mexico Bay, Sound, and Estuarine stocks (approximately 10
animals per year) that died as a result of human interactions. Of the
39 animals recovered, up to 12 showed evidence that gillnet
interactions could have caused the resulting mortality. Of the 12
animals with signs of gillnet interaction, the cause of death of 5 of
the animals was clearly attributable to gillnet gear. Therefore,
gillnet gear accounted for the mortality of a minimum of 1.25 animals
per year, averaged over the 4 years from 1997 to 2000. More
specifically, the 5 dolphins were distributed in the following areas
over a period of 4 years from 1997 to 2000: 1 from Charlotte Harbor
(PBR = 1.5 animals per year) for an annual mortality of 17 percent of
the PBR level; 2 from Mississippi Sound (PBR = 13 animals per year) for
an annual mortality of 4 percent of the PBR level; and one each from
the Mississippi River Delta and Vermillion Bay, where abundance
estimates, and therefore the PBR levels, are unknown because no
dolphins were sighted in surveys of those areas. Incidental mortality
and serious injury of Charlotte Harbor bottlenose dolphins in this
fishery alone exceeds 10 percent of the PBR level for this stock.
Therefore, this fishery is subject to Tier 2 analysis.
Tier 2 Evaluation: The incidental mortality and serious injury of
Charlotte Harbor bottlenose dolphins and Mississippi Sound bottlenose
dolphins in the Gulf of Mexico gillnet fishery exceeds 1 percent of the
PBR level, but is less than 50 percent of the PBR level, for each of
these marine mammal stocks. Therefore, NMFS proposes to elevate this
fishery to Category II.
Mid-Atlantic Coastal Gillnet Fishery
NMFS proposes to elevate the Mid-Atlantic coastal gillnet fishery
to Category I as justified by the following tier analysis. Marine
mammal species and stocks incidentally injured and killed by this
fishery include: the Gulf of Maine stock of humpback whales, the
Canadian east coast stock of Minke whales, the western North Atlantic
(WNA) offshore and coastal stocks of bottlenose dolphin, the Gulf of
Maine/
[[Page 1422]]
Bay of Fundy stock of harbor porpoise, the WNA stock of harbor seals,
the WNA stock of harp seals, the WNA stocks of long-finned and short-
finned pilot whales, the WNA stock of white-sided dolphin, and the WNA
stock of common dolphin. There are approximately 655 participants in
this fishery. The following tier analysis supports elevation of this
fishery to Category I.
Tier 1 Evaluation: NMFS' observer program has documented incidental
mortality and serious injury of the WNA coastal stock of bottlenose
dolphins in the Mid-Atlantic coastal gillnet fishery. For management
purposes, coastal bottlenose dolphins have been assigned to seven
management units based on the results of genetic, stable isotope ratio,
photo-identification, and telemetry studies. Incidental mortality and
serious injury of the WNA coastal stock of bottlenose dolphins across
all fisheries exceeds 10 percent of the PBR level for this stock of
bottlenose dolphins. Therefore, this fishery is subject to Tier 2
analysis.
Tier 2 Evaluation: Annual incidental mortality and serious injury
in the Mid-Atlantic coastal gillnet fishery has been estimated from
observer coverage. The Mid-Atlantic coastal gillnet fishery causes an
estimated incidental mortality and serious injury of 233 WNA coastal
bottlenose dolphins per year, which exceeds the PBR (171 animals per
year) for this stock. Because the annual incidental mortality and
serious injury in the Mid-Atlantic coastal gillnet fishery exceeds 50
percent of the PBR for this stock, the fishery qualifies for
reclassification as a Category I fishery.
Addition of Fisheries to the LOF
See discussion of U.S. Atlantic Trap/Pot Mixed Species Fishery.
Removals of Fisheries from the LOF
No changes proposed.
Fishery Name and Organizational ChangesNo changes proposed.
Number of Vessels/PersonsNo changes proposed.
List of Species that are Incidentally Injured or Killed
No changes proposed.
List of Fisheries
The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA. The
estimated number of vessels/participants 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 in a fishery,
the number from the 1996 LOF is used.
The tables also list the marine mammal species and stocks that are
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, and fisher reports. This list includes
all species or stocks known to experience injury or mortality in a
given fishery, but also includes species or stocks for which there are
anecdotal or historical, but not necessarily current, records of
interaction. Additionally, species identified by logbook entries may
not be verified. Therefore, not all species or stocks identified are
the reason for a fishery's placement in a given category. There are a
few fisheries that are in Category II that have no recently documented
interactions with marine mammals. Justifications for placement of these
fisheries are by analogy to other gear types 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).
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 1--List of Fisheries Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal
Estimated no. of species and stocks
Fishery Description vessels/ persons incidentally
killed/injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES: .................. ..................
CA angel shark/halibut and other 58 Harbor porpoise,
species (>3.5 in mesh) set central CA
gillnet. Common dolphin,
short-beaked, CA/
OR/WA
Common dolphin,
long-beaked CA
California sea
lion, U.S.
Harbor seal, CA
Northern elephant
seal, CA breeding
Sea otter, CA
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES: .................. ..................
AK Bristol Bay salmon drift 1,903 Steller sea lion,
gillnet. Western U.S.
Northern fur seal,
Eastern Pacific
Harbor seal,
Bering Sea
Beluga whale,
Bristol Bay
Gray whale,
Eastern North
Pacific
Spotted seal, AK
Pacific white-
sided dolphin,
North Pacific
AK Bristol Bay salmon set 1,014 Harbor seal,
gillnet. Bering Sea
Beluga whale,
Bristol Bay
Gray whale,
Eastern North
Pacific
Northern fur seal,
Eastern Pacific
Spotted seal, AK
AK Kodiak salmon set gillnet.... 188 Harbor seal, GOA
Harbor porpoise,
GOA
Sea otter, AK
AK Metlakatla/Annette Island 60 None documented
salmon drift gillnet.
[[Page 1423]]
AK Peninsula/Aleutian Islands 164 Northern fur seal,
salmon drift gillnet Eastern Pacific
Harbor seal, GOA
Harbor porpoise,
Bering Sea
Dall's porpoise,
AK
AK Peninsula/Aleutian Islands 116 Steller sea lion,
salmon set gillnet. Western U.S.
Harbor porpoise,
Bering Sea
AK Prince William Sound salmon 541 Steller sea lion,
drift gillnet. Western U.S.
Northern fur seal,
Eastern Pacific
Harbor seal, GOA
Pacific white-
sided dolphin,
North Pacific
Harbor porpoise,
GOA
Dall's porpoise,
AK
Sea Otter, AK
AK Southeast salmon drift 481 Steller sea lion,
gillnet. Eastern U.S.
Harbor seal,
Southeast AK
Pacific white-
sided dolphin,
North Pacific
Harbor porpoise,
Southeast AK
Dall's porpoise,
AK
Humpback whale,
central North
Pacific
AK Yakutat salmon set gillnet... 170 Harbor seal,
Southeast AK
Gray whale,
Eastern North
Pacific
CA/OR thresher shark/swordfish 113 ..................
drift gillnet ([gteqt] 14 in. Steller sea lion,
mesh). Eastern U.S.
Sperm whale, CA/OR/
WA
Dall's porpoise,
CA/OR/WA
Northern Pacific
white-sided
dolphin, CA/OR/WA
Southern Pacific
white-sided
dolphin, CA/OR/WA
Risso's dolphin,
CA/OR/WA
Bottlenose
dolphin, CA/OR/WA
offshore
Short-beaked
common dolphin CA/
OR/WA
Long-beaked common
dolphin CA/OR/WA
Northern right-
whale dolphin, CA/
OR/WA
Short-finned pilot
whale, CA/OR/WA
Baird's beaked
whale, CA/OR/WA
Mesoplodont beaked
whale, CA/OR/WA
Cuvier's beaked
whale, CA/OR/WA
Pygmy sperm whale,
CA/OR/WA
California sea
lion, U.S.
Northern elephant
seal, CA breeding
Humpback whale, CA/
OR/WA-Mexico
Minke whale, CA/OR/
WA
Striped dolphin,
CA/OR/WA
Killer whale, CA/
OR/WA Pacific
coast
Northern fur seal,
San Miguel Island
------------------------------------------------------------------------
CA yellowtail, barracuda, white 24 None documented
seabass, and tuna drift gillnet
fishery (mesh size 3.5 inches and <14 inches).
WA Puget Sound Region salmon 725 Harbor porpoise,
drift gillnet (includes all inland WA
inland waters south of US- Dall's porpoise,
Canada border and eastward of CA/OR/WA
the Bonilla-Tatoosh line Treaty Harbor seal, WA
Indian fishing is excluded). inland
PURSE SEINE FISHERIES:
AK Southeast salmon purse seine. 416 Humpback whale,
central North
Pacific
CA anchovy, mackerel, tuna purse 150 Bottlenose
seine. dolphin, CA/OR/WA
offshore
California sea
lion, U.S.
Harbor seal, CA
CA squid purse seine............ 65 Short-finned pilot
whale, CA/OR/WA
[[Page 1424]]
TRAWL FISHERIES:
AK Bering Sea and Aleutian 157 Steller sea lion,
Islands Groundfish Trawl. Western U.S.
Northern fur seal,
Eastern Pacific
Killer whale,
Eastern North
Pacific resident
Killer whale,
Eastern North
Pacific transient
Pacific white-
sided dolphin,
North Pacific
Harbor porpoise,
Bering Sea
Harbor seal,
Bering Sea
Bearded seal, AK
Ringed seal, AK
Spotted seal, AK
Dall's porpoise,
AK
Ribbon seal, AK
Northern elephant
seal, CA breeding
Sea otter, AK
Pacific walrus, AK
Humpback whale,
Central North
Pacific
Humpback whale,
Western North
Pacific
Fin whale,
Northeast Pacific
AK miscellaneous finfish pair 2 None documented
trawl.
LONGLINE FISHERIES: .................. ..................
California pelagic longline..... 30 California sea
lion
OR swordfish floating longline.. 2 None documented
OR blue shark floating longline 1 None documented
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES: .................. ..................
AK Cook Inlet salmon drift 576 Steller sea lion,
gillnet. Western U.S.
Harbor seal, GOA
Harbor porpoise,
GOA
Dall's porpoise,
AK
Beluga whale, Cook
Inlet
AK Cook Inlet salmon set gillnet 745 Steller sea lion,
Western U.S.
Harbor seal, GOA
Harbor porpoise,
GOA
Dall's porpoise,
AK
Beluga whale, Cook
Inlet
AK Kuskokwim, Yukon, Norton 1,922 Harbor porpoise,
Sound, Kotzebue salmon gillnet. Bering Sea
AK miscellaneous finfish set 3 Steller sea lion,
gillnet Western U.S.
AK Prince William Sound salmon 30 Steller sea lion,
set gillnet. Western U.S.
Harbor seal, GOA
AK roe herring and food/bait 2,034 None documented
herring gillnet.
CA set and drift gillnet 341 None documented
fisheries that use a stretched
mesh size of 3.5 in or less.
Hawaii gillnet.................. 115 Bottlenose
dolphin, HI
Spinner dolphin,
HI
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA
gillnet (excluding treaty coast
Tribal fishing).
WA, OR herring, smelt, shad, 913 None documented
sturgeon, bottom fish, mullet,
perch, rockfish gillnet.
WA, OR lower Columbia River 110 California sea
(includes tributaries) drift lion, U.S.
gillnet. Harbor seal, OR/WA
coast
WA Willapa Bay drift gillnet.... 82 Harbor seal, OR/WA
coast
Northern elephant
seal, CA breeding
PURSE SEINE, BEACH SEINE, ROUND .................. ..................
HAUL AND THROW NET FISHERIES:
AK Metlakatla salmon purse seine 10 None documented
AK miscellaneous finfish beach 1 None documented
seine.
AK miscellaneous finfish purse 3 None documented
seine.
AK octopus/squid purse seine.... 2 None documented
AK roe herring and food/bait 8 None documented
herring beach seine.
AK roe herring and food/bait 624 None documented
herring purse seine.
AK salmon beach seine........... 34 None documented
AK salmon purse seine (except 953 Harbor seal, GOA
Southeast Alaska, which is in
Category II).
CA herring purse seine.......... 100 California sea
lion, U.S.
Harbor seal, CA
CA sardine purse seine.......... 120 None documented
HI opelu/akule net.............. 16 None documented
HI purse seine.................. 18 None documented
HI throw net, cast net.......... 47 None documented
[[Page 1425]]
WA (all species) beach seine or 235 None documented
drag seine.
WA, OR herring, smelt, squid 130 None documented
purse seine or lampara.
WA salmon purse seine........... 440 None documented
WA salmon reef net 53 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 salmon enhancement rearing >1 None documented
pen.
OR salmon ranch................. 1 None documented
WA, OR salmon net pens.......... 14 California sea
lion, U.S.
Harbor seal, WA
inland waters
TROLL FISHERIES: .................. ..................
AK North Pacific halibut, AK 1,530 (330 AK) None documented
bottom fish, WA, OR, CA
albacore, groundfish, bottom
fish, CA halibut non-salmonid
troll fisheries.
AK salmon troll................. 2,335 Steller sea lion,
Western U.S.
Steller sea lion,
Eastern U.S.
American Samoa tuna troll....... <50 None documented
CA/OR/WA salmon troll........... 4,300 None documented
Commonwealth of the Northern 50 None documented
Mariana Islands tuna troll.
Guam tuna troll................. 50 None documented
HI net unclassified............. 106 None documented
HI trolling, rod and reel 1,795 None documented
LONGLINE/SET LINE FISHERIES: .................. ..................
AK Bering Sea, Aleutian Islands 148 Northern elephant
groundfish longline/set line seal, CA breeding
(federally regulated waters, Killer whale,
including miscellaneous finfish Eastern North
and sablefish). Pacific resident
Killer whale,
transient
Steller sea lion,
Western U.S.
Pacific white-
sided dolphin,
North Pacific
Dall's porpoise,
AK
Harbor seal,
Bering Sea
AK Gulf of Alaska groundfish 1,030 Steller sea lion,
longline/set line (federally Western U.S.
regulated waters, including Harbor seal,
miscellaneous finfish and Southeast AK
sablefish). Northern elephant
seal, CA breeding
AK halibut longline/set line 3,079 Steller sea lion,
(State and Federal waters). Western U.S.
AK octopus/squid longline....... 7 None documented
AK state-managed waters 731 None documented
groundfish longline/setline
(including sablefish, rockfish,
and miscellaneous finfish).
HI swordfish, tuna, billfish, 140 Humpback whale,
mahi mahi, wahoo, oceanic Central North
sharks longline/set line. Pacific
False killer
whales, HI
Risso's dolphin,
HI
Bottlenose
dolphin, HI
Spinner dolphin,
HI
Short-finned pilot
whale, HI
Sperm whale, HI
WA, OR, CA groundfish, 367 None documented
bottomfish longline/set line.
WA, OR North Pacific halibut 350 None documented
longline/set line.
TRAWL FISHERIES: .................. ..................
AK food/bait herring trawl...... 3 None documented
AK Gulf of Alaska groundfish 145 Steller sea lion,
trawl. Western U.S.
Northern fur seal,
Eastern Pacific
Harbor seal, GOA
Dall's porpoise,
AK
Northern elephant
seal, CA breeding
Fin whale,
Northeast Pacific
AK miscellaneous finfish otter 6 None documented
or beam trawl.
AK shrimp otter trawl and beam 58 None documented
trawl (statewide and Cook
Inlet).
AK state-managed waters of Cook 2 None documented
Inlet, Kachemak Bay, Prince
William Sound, Southeast AK
groundfish trawl
WA, OR, CA groundfish trawl..... 585 Steller sea lion,
Western U.S.
Northern fur seal,
Eastern Pacific
Pacific white-
sided dolphin,
central North
Pacific
Dall's porpoise,
CA/OR/WA
California sea
lion, U.S.
Harbor seal, OR/WA
coast
WA, OR, CA shrimp trawl......... 300 None documented
POT, RING NET, AND TRAP .................. ..................
FISHERIES:
AK Bering Sea, Gulf of Alaska 314 Harbor seal, GOA
finfish pot. Harbor seal,
Bering Sea
Sea otter, AK
AK crustacean pot............... 1,852 Harbor porpoise,
Southeast AK
[[Page 1426]]
AK octopus/squid pot 72 None documented
AK snail pot.................... 2 None documented
CA lobster, prawn, shrimp, rock 608 Sea otter, CA
crab, fish pot.
OR, CA hagfish pot or trap 25 None documented
WA, OR, CA crab pot............. 1,478 None documented
WA, OR, CA sablefish pot........ 176 None documented
WA, OR shrimp pot & trap........ 254 None documented
HI crab trap.................... 22 None documented
HI fish trap.................... 19 None documented
HI lobster trap................. 15 Hawaiian monk seal
HI shrimp trap.................. 5 None documented
HANDLINE AND JIG FISHERIES: .................. ..................
AK miscellaneous finfish 100 None documented
handline and mechanical jig.
AK North Pacific halibut 93 None documented
handline and mechanical jig.
AK octopus/squid handline....... 2 None documented
American Samoa bottomfish....... <50 None documented
Commonwealth of the Northern <50 None documented
Mariana Islands bottomfish.
Guam bottomfish................. <50 None documented
HI aku boat, pole and line...... 54 None documented
HI deep sea bottomfish.......... 434 Hawaiian monk seal
Hi inshore handline............ 650 Bottlenose
dolphin, HI
HI tuna......................... 144 Rough-toothed
dolphin, HI
Bottlenose
dolphin, HI
Hawaiian monk seal
WA groundfish, bottomfish jig... 679 None documented
HARPOON FISHERIES: .................. ..................
CA swordfish harpoon............ 228 None documented
POUND NET/WEIR FISHERIES: .................. ..................
AK herring spawn on kelp pound 452 None documented
net.
AK Southeast herring roe/food/ 3 None documented
bait pound net.
WA herring brush weir........... 1 None documented
BAIT PENS: .................. ..................
WA/OR/CA bait pens.............. 13 None documented
DREDGE FISHERIES: .................. ..................
Coastwide scallop dredge........ 108 (12 AK) None documented
DIVE, HAND/MECHANICAL COLLECTION .................. ..................
FISHERIES:
AK abalone...................... 1 None documented
AK clam......................... 156 None documented
WA herring spawn on kelp........ 4 None documented
AK dungeness crab............... 3 None documented
AK herring spawn on kelp........ 363 None documented
AK urchin and other fish/ 471 None documented
shellfish.
CA abalone...................... 111 None documented
CA sea urchin................... 583 None documented
HI coral diving................. 2 None documented
HI fish pond.................... 10 None documented
HI handpick..................... 135 None documented
HI lobster diving............... 6 None documented
HI squiding, spear.............. 267 None documented
WA, CA kelp..................... 4 None documented
WA/OR sea urchin, other clam, 637 None documented
octopus, 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 >7,000 (1,107 AK) None documented
passenger fishing vessel.
HI ``other''.................... 114 None documented
LIVE FINFISH/SHELLFISH .................. ..................
FISHERIES:
CA finfish and shellfish live 93 None documented
trap/hook-and-line.
------------------------------------------------------------------------
List of Abbreviations Used in Table 1: AK--Alaska; CA--California; GOA--
Gulf of Alaska; HI--Hawaii; OR--Oregon; WA--Washington.
[[Page 1427]]
Table 2--List of Fisheries Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal
Estimated species and stocks
Fishery Description [numsign] of incidentally
vessels/persons injured and killed
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES: .................. ..................
Mid-Atlantic coastal gillnet.... >655 Humpback whale,
Gulf of Maine
Minke whale,
Canadian east
coast
Bottlenose
dolphin, WNA
offshore
Bottlenose
dolphin, WNA
coastal
Harbor porpoise,
GME/BF
Harbor seal, WNA
Harp seal, WNA
Long-finned pilot
whale, WNA
Short-finned pilot
whale, WNA
White-sided
dolphin, WNA
Common dolphin,
WNA
Northeast sink gillnet.......... 341 North Atlantic
right whale, WNA
Humpback whale,
WNA
Minke whale,
Canadian east
coast
Killer whale, WNA
White-sided
dolphin, WNA
Bottlenose
dolphin, WNA
offshore
Harbor porpoise,
GME/BF
Harbor seal, WNA
Gray seal, WNA
Common dolphin,
WNA
Fin whale, WNA
Spotted dolphin,
WNA
False killer
whale, WNA
Harp seal, WNA
LONGLINE FISHERIES: .................. ..................
Atlantic Ocean, Caribbean, Gulf <200 Humpback whale,
of Mexico large pelagics WNA
longline. Minke whale,
Canadian east
coast
Risso's dolphin,
WNA
Long-finned pilot
whale, WNA
Short-finned pilot
whale, WNA
Common dolphin,
WNA
Atlantic spotted
dolphin, WNA
Pantropical
spotted dolphin,
WNA
Striped dolphin,
WNA
Bottlenose
dolphin, WNA
offshore
Bottlenose
dolphin, GMX
Outer Continental
Shelf
Bottlenose
dolphin, GMX
Continental Shelf
Edge and Slope
Atlantic spotted
dolphin, Northern
GMX
Pantropical
spotted dolphin,
Northern GMX
Risso's dolphin,
Northern GMX
Harbor porpoise,
GME/BF
TRAP/POT FISHERIES: .................. ..................
Northeast/Mid-Atlantic American 13,000 North Atlantic
lobster trap/pot. right whale, WNA
Humpback whale,
WNA
Fin whale, WNA
Minke whale,
Canadian east
coast
Harbor seal, WNA
TRAWL FISHERIES: .................. ..................
Atlantic squid, mackerel, 620 Common dolphin,
butterfish trawl. WNA
Risso's dolphin,
WNA
Long-finned pilot
whale, WNA
Short-finned pilot
whale, WNA
White-sided
dolphin, WNA
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES: .................. ..................
Gulf of Mexico gillnet.......... 724 Bottlenose
dolphin, Western
GMX coastal
Bottlenose
dolphin, Northern
GMX coastal
Bottlenose
dolphin, Eastern
GMX coastal
Bottlenose
dolphin, GMX Bay,
Sound, and
Estuarine
North Carolina inshore gillnet.. 94 Bottlenose
dolphin, WNA
coastal
Northeast anchored float gillnet 133 Humpback whale,
WNA
White-sided
dolphin, WNA
Harbor seal, WNA
Northeast drift gillnet......... unknown None documented
Southeast Atlantic gillnet...... 779 Bottlenose
dolphin, WNA
coastal
[[Page 1428]]
Southeastern U.S. Atlantic shark 12 Bottlenose
gillnet. dolphin, WNA
coastal
North Atlantic
right whale, WNA
Atlantic spotted
dolphin, WNA
TRAWL FISHERIES: .................. ..................
Atlantic herring midwater trawl 17 Harbor seal, WNA
(including pair trawl).
TRAP/POT FISHERIES: .................. ..................
Atlantic blue crab trap/pot..... >16,000 Bottlenose
dolphin, WNA
coastal
West Indian
manatee, FL
Atlantic mixed species trap/pot. unknown Fin whale, WNA
Humback whale,
Gule of Maine
Minke whale,
Canadian east
coast
Harbor porpoise,
GME/BF
PURSE SEINE FISHERIES: .................. ..................
Gulf of Mexico menhaden purse 50 Bottlenose
seine. dolphin, Western
GMX coastal
Bottlenose
dolphin, Northern
GMX coastal
HAUL/BEACH SEINE FISHERIES: .................. ..................
Mid-Atlantic haul/beach seine... 25 Bottlenose
dolphin, WNA
coastal
Harbor porpoise,
GME/BF
North Carolina long haul seine.. 33 Bottlenose
dolphin, WNA
coastal
STOP NET FISHERIES: .................. ..................
North Carolina roe mullet stop 13 Bottlenose
net. dolphin, WNA
coastal
POUND NET FISHERIES: .................. ..................
Virginia pound net.............. 187 Bottlenose
dolphin, WNA
coastal
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES: .................. ..................
Caribbean gillnet............... >991 Dwarf sperm whale,
WNA
West Indian
manatee,
Antillean
Chesapeake Bay inshore gillnet.. 45 Harbor porpoise,
GME/BF
Delaware Bay inshore gillnet.... 60 Humpback whale,
WNA
Bottlenose
dolphin, WNA
coastal
Harbor porpoise,
GME/BF
Long Island Sound inshore 20 Humpback whale,
gillnet. WNA
Bottlenose
dolphin, WNA
coastal
Harbor porpoise,
GME/BF
Rhode Island, southern 32 Humpback whale,
Massachusetts (to Monomoy WNA
Island), and New York Bight Bottlenose
(Raritan and Lower New York dolphin, WNA
Bays) inshore gillnet. coastal
Harbor porpoise,
GME/BF
TRAWL FISHERIES: .................. ..................
Calico scallops trawl........... 12 None documented
Crab trawl...................... 400 None documented
Georgia, South Carolina, 25 None documented
Maryland whelk trawl.
Gulf of Maine, Mid-Atlantic sea 215 None documented
scallop trawl.
Gulf of Maine northern shrimp 320 None documented
trawl.
Gulf of Mexico butterfish trawl. 2 Atlantic spotted
dolphin, Eastern
GMX
Pantropical
spotted dolphin,
Eastern GMX
Gulf of Mexico mixed species 20 None documented
trawl.
Mid-Atlantic mixed species trawl >1,000 None documented
North Atlantic bottom trawl..... 1,052 Long-finned pilot
whale, WNA
Short-finned pilot
whale, WNA
Common dolphin,
WNA
White-sided
dolphin, WNA
Striped dolphin,
WNA
Bottlenose
dolphin, WNA
offshore
Southeastern U.S. Atlantic, Gulf >18,000 Bottlenose
of Mexico shrimp trawl. dolphin, WNA
coastal
U.S. Atlantic monkfish trawl.... unknown Common dolphin,
WNA
MARINE AQUACULTURE FISHERIES: .................. ..................
Finfish aquaculture............. 48 Harbor seal, WNA
Shellfish aquaculture........... unknown None documented
PURSE SEINE FISHERIES: .................. ..................
Gulf of Maine Atlantic herring 30 Harbor porpoise,
purse seine. GME/BF
Harbor seal, WNA
Gray seal, WNA
Gulf of Maine menhaden purse 50 None documented
seine.
Florida west coast sardine purse 10 Bottlenose
seine. dolphin, Eastern
GMX coastal
Mid-Atlantic menhaden purse 22 Bottlenose
seine. dolphin, WNA
coastal
Humpback whale,
WNA
U.S. Atlantic tuna purse seine.. unknown None documented
U.S. Mid-Atlantic hand seine.... >250 None documented
[[Page 1429]]
LONGLINE/HOOK-AND-LINE .................. ..................
FISHERIES:
Gulf of Maine tub trawl 46 Harbor seal, WNA
groundfish bottom longline/ Gray seal,
hook-and-line. Northwest North
Atlantic
Humpback whale,
WNA
Gulf of Maine, U.S. Mid-Atlantic 26,223 Humpback whale,
tuna, shark, swordfish hook-and- WNA
line/harpoon.
Southeastern U.S. Atlantic, Gulf >5,000 None documented
of Mexico, and Caribbean
snapper-grouper and other reef
fish bottom longline/hook-and-
line.
Southeastern U.S. Atlantic, Gulf 124 None documented
of Mexico shark bottom longline/
hook-and-line.
Southeastern U.S. Atlantic, Gulf 1,446 None documented
of Mexico, U.S. Mid-Atlantic
pelagic hook-and-line/harpoon.
TRAP/POT FISHERIES .................. ..................
Caribbean mixed species trap/pot >501 None documented
Caribbean spiny lobster trap/pot >197 None documented
Florida spiny lobster trap/pot.. 2,145 Bottlenose
dolphin, Eastern
Gulf of Mexico
coastal
Gulf of Mexico blue crab trap/ 4,113 Bottlenose
pot. dolphin, Western
GMX coastal
Bottlenose
dolphin, Northern
GMX coastal
Bottlenose
dolphin, Eastern
GMX coastal
Bottlenose
dolphin, GMX Bay,
Sound, &
Estuarine
West Indian
manatee, FL
Gulf of Mexico mixed species unknown None documented
trap/pot.
Southeastern U.S. Atlantic, Gulf 10 None documented
of Mexico golden crab trap/pot.
Southeastern U.S. Atlantic, Gulf 4,453 None documented
of Mexico stone crab trap/pot.
U.S. Mid-Atlantic eel trap/pot.. >700 None documented
STOP SEINE/WEIR/POUND NET .................. ..................
FISHERIES:
Gulf of Maine herring and 50 North Atlantic
Atlantic mackerel stop seine/ right whale, WNA
weir. Humpback whale,
WNA
Minke whale,
Canadian east
coast
Harbor porpoise,
GME/BF
Harbor seal, WNA
Gray seal,
Northwest North
Atlantic
U.S. Mid-Atlantic crab stop 2,600 None documented
seine/weir.
U.S. Mid-Atlantic mixed species 751 None documented
stop seine/weir/ pound net
(except the North Carolina roe
mullet stop net).
DREDGE FISHERIES: .................. ..................
Gulf of Maine mussel............ >50 None documented
Gulf of Maine, U.S. Mid-Atlantic 233 None documented
sea scallop dredge.
U.S. Mid-Atlantic/Gulf of Mexico 7,000 None documented
oyster.
U.S. Mid-Atlantic offshore surf 100 None documented
clam and quahog dredge.
HAUL/BEACH SEINE FISHERIES: .................. ..................
Caribbean haul/beach seine...... 15 West Indian
manatee,
Antillean
Gulf of Mexico haul/beach seine. unknown None documented
Southeastern U.S. Atlantic, haul/ 25 None documented
beach seine.
DIVE, HAND/MECHANICAL COLLECTION .................. ..................
FISHERIES:
Atlantic Ocean, Gulf of Mexico, 20,000 None documented
Caribbean shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin dive, hand/ >50 None documented
mechanical collection.
Gulf of Mexico, Southeast unknown None documented
Atlantic, Mid-Atlantic, and
Caribbean cast net.
COMMERCIAL PASSENGER FISHING .................. ..................
VESSEL (CHARTER BOAT)
FISHERIES:
Atlantic Ocean, Gulf of Mexico, 4,000 None documented
Caribbean commercial passenger
fishing vessel.
------------------------------------------------------------------------
List of Abbreviations Used in Table 2: FL--Florida; GA--Georgia; GME/BF--
Gulf of Maine/Bay of Fundy; GMX--Gulf of Mexico; NC--North Carolina;
SC-- South Carolina; TX--Texas; WNA--Western North Atlantic.
Classification
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule would not have a significant
economic impact on a substantial number of small entities. For
convenience, the factual basis leading to the certification is repeated
below.
Under existing regulations, all fishers participating in
Category I or II fisheries must register under the MMPA, obtain an
Authorization Certificate, and pay a fee of $25. The Authorization
Certificate authorizes the taking of marine mammals incidental to
commercial fishing operations. NMFS has estimated that approximately
40,000 fishing vessels operate in Category I or II fisheries, and
therefore, are required to register. However, registration has been
integrated with existing state or Federal registration programs for
the majority of these fisheries so that the majority of fishers do
not need to register separately under the MMPA. Currently,
approximately 5,800 fishers register directly with NMFS under the
MMPA authorization program.
[[Page 1430]]
An additional 935 fishers would be eligible to register as a
result of this proposed rule. However, these fishers may already
participate in Category I or II fisheries for which they currently
register under the MMPA or participate in Federal or state fisheries
with integrated registration programs, such as fisheries in Alaska,
and therefore, would not be required to register separately under
the MMPA or pay an additional $25 registration fee. Fisheries that
this rule proposes to elevate to Category II and whose participants
would be required to register include the Alaska Bering Sea and
Aleutian Islands Groundfish Trawl fishery (157 participants) and the
Gulf of Mexico gillnet fishery (724 participants). Addition of the
California yellowtail, barracuda, white seabass, tuna drift gillnet
fishery (mesh size 3.5 in. and < 14 in.) to the LOF as a
Category II fishery would require 24 additional participants to
register. Addition of the Atlantic mixed species trap/pot fishery to
the LOF as a Category II fishery, which involves combining the
Northeast trap/pot fishery (already Category II), the Mid-Atlantic
mixed species trap/pot fishery, and the U.S. Mid-Atlantic and
Southeast U.S. Atlantic black seabass trap/pot fishery would require
at least an additional 30 participants to register since it would
require elevating the Mid-Atlantic mixed species trap/pot fishery
(number of participants unknown) and the U.S. Mid-Atlantic and
Southeast U.S. Atlantic black seabass trap/pot fishery (30
participants) to Category II.
Though this rule affects a substantial number of small entities,
the $25 registration fee, with respect to anticipated revenues, is not
considered a significant economic impact. As a result of this
certification, an initial regulatory flexibility analysis was not
prepared.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. The collection of information
for the registration of fishers under the MMPA has been approved by the
OMB under OMB control number 0648-0293 (0.25 hours per report for new
registrants and 0.15 hours per report for renewals). The requirement
for reporting marine mammal injuries or moralities 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).
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 Office of Management and Budget (OMB)
control number.
This proposed rule has been determined to be not significant for
the purposes of E.O. 12866.
An environmental assessment (EA) was prepared under the National
Environmental Policy Act (NEPA) for regulations to implement section
118 of the MMPA (1995 EA). The 1995 EA concluded that implementation of
those regulations would not have a significant impact on the human
environment. This proposed rule would not make any significant change
in the management of reclassified fisheries, and therefore, this
proposed rule is not expected to change the analysis or conclusion of
the 1995 EA. If NMFS takes a management action, for example, through
the development of a Take Reduction Plan (TRP), NMFS will first prepare
an environmental document as required under NEPA specific to that
action.
This proposed rule will 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 proposed 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 conduct consultation under section 7 of the ESA for that action.
This proposed rule will 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 or take reduction
teams.
This proposed rule will 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.
Dated: January 03, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 03-523 Filed 1-9-03; 8:45 am]
BILLING CODE 3510-22-S