[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37035-37041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18002]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 950605147-6189-04; I.D. 040996D]
RIN 0648-AH33
Proposed List of Fisheries for 1997
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This action proposes changes for 1997 to the List of Fisheries
(LOF) required by the Marine Mammal Protection Act (MMPA). The proposed
LOF for 1997 reflects new information on commercial fisheries, marine
mammals, and interactions between commercial fisheries and marine
mammals. Under the MMPA, a commercial fishery is to be placed on the
LOF in one of three categories based upon the level of serious injuries
and mortalities that occur to marine mammals incidental to that
fishery. The LOF informs the public of the level of interactions with
marine mammals in various U.S. commercial fisheries and which fisheries
are subject to certain provisions of the Marine Mammal Protection Act
(MMPA) such as the requirement to register for Authorization
Certificates. This action also proposes to revise the process for
registering for such a certificate, under certain circumstances, to
allow greater flexibility and to reduce associated paperwork and other
burdens.
DATES: Comments on the proposed rule must be received by October 15,
1996.
ADDRESSES: Send comments to Chief, Marine Mammal Division, Office of
Protected Resources, National Marine Fisheries Service, 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 above individual and to the Office of
Information and Regulatory Affairs, OMB, Attention: NOAA Desk Officer,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Robyn Angliss, Office of Protected
Resources, 301-713-2322; Douglas Beach, Northeast Region, 508-281-9254;
Charles Oravetz, Southeast Region, 813-570-5301; James Lecky, Southwest
Region, 310-980-4015; Brent Norberg, Northwest Region, 206-526-6140;
Steven Zimmerman, Alaska Region, 907-586-7235.
SUPPLEMENTARY INFORMATION:
Background
History of the List of Fisheries
The annual publication of a LOF placing all U.S. commercial
fisheries into one of three categories based on the levels of
incidental serious injury and mortality of marine mammals in the
fishery is required by section 118 of the Marine Mammal Protection Act,
as amended in 1994. Proposed and final regulations implementing section
118 of the MMPA were published in 1995 (60 FR 31666, June 17, 1995, and
60 FR 45086, August 30, 1995, respectively). These regulations replaced
those published to implement old section 114, and establish the
procedures NMFS now uses to manage incidental interactions between
marine mammals and U.S. commercial fisheries.
Definitions of the fishery classification criteria for Category I,
II, and III fisheries are found in the implementing regulations for
section 118 (50 CFR part 229). Because classification of fisheries in
the LOF depends on the definitions of the criteria, the following
explanation of the criteria is provided. Although this information is
available in the preambles to final rule implementing section 118 and
to the LOF for 1996, it is repeated here because of the importance of
this information to understanding how fisheries are classified.
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 the rate,
in numbers of animals per year, of serious injuries and mortalities due
to commercial fishing relative to the Potential Biological Removal
(PBR) level for the each marine mammal stock.
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 such a stock, then all fisheries
interacting with this stock would be placed in Category III. Otherwise,
these fisheries are subject to the next tier to determine their
classification.
Tier 2--Category I. Annual mortality and serious injury of a stock
in a given
[[Page 37036]]
fishery is greater than or equal to 50 percent of the PBR level.
Tier 2--Category II. Annual mortality and serious injury 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 in a
given fishery is less than or equal to 1 percent of the PBR level.
Tier 1, therefore, considers the cumulative fishery mortality and
serious injury for a particular stock, while Tier 2 considers fishery-
specific mortality 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.
Requirements for Vessels Participating in Category I and II
Fisheries
The primary functions of the LOF are to inform the public of the
levels of interactions with marine mammals in various commercial
fisheries and to identify fisheries for which efforts to reduce these
interactions may be necessary. In addition, the LOF informs the fishing
industry of which fisheries are subject to certain provisions of the
MMPA.
Registration. Fishers participating in Category I or II fisheries
must be registered under the MMPA, as required by 50 CFR 229.4. Unless
the Authorization Certificate program for a fishery is integrated and
coordinated with existing fishery license, registration or permit
systems and related programs, fishers must obtain a registration packet
from NMFS and submit the completed registration form and the required
registration fee to the NMFS Regional Office in which their fishery
operates. Normally, NMFS will send the fisher an Authorization
Certificate, program decal, and reporting forms within 60 days of
receiving the registration form and registration fee.
NMFS has successfully integrated registration under the MMPA with
state fishery registration in Washington and Oregon and is actively
pursuing integration with state fishery registration in Alaska. The
benefits of integration with existing programs have included a
reduction or elimination of fees for some commercial fishers, a
reduction in paperwork that must be completed by the fisher, and a
reduction in paperwork that must be completed by NMFS.
NMFS is proposing to provide additional flexibility for integrated
registration systems so that, if registration information is supplied
by NMFS or by a State participating in the integrated system for a
fishery, individual fishers are not required to fill out forms or
submit information but automatically will be issued Authorization
Certificates. NMFS will continue to integrate registration with
existing programs where possible.
Reporting. Vessel owners or operators, or fishers, in the case of
non-vessel fisheries, in Category I, II, or III fisheries must comply
with 50 CFR 229.6 and report all incidental mortality and injury of
marine mammals during the course of commercial fishing operations to
NMFS Headquarters or appropriate NMFS Regional Office. ``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 and must be reported. Instructions for
submission of reports are found at 50 CFR 229.6(a).
Observers. Finally, fishers participating in Category I and II
fisheries may be required, upon request, to accommodate an observer on
board their vessels. Observer requirements may be found at 50 CFR
229.7.
Timing of the Publication of the 1996 LOF
Because of other regulatory activities that occurred concurrently,
such as the preparation and publication of the final implementing
regulations for section 118 of the MMPA, the LOF for 1996 was published
on December 28, 1995 (60 FR 67063) instead of the target date of
October 1, 1995. Due to this delay, there was a very short time period
between the publication of the 1996 LOF and the publication of this
proposed LOF for 1997. NMFS focused its analysis for the proposed LOF
for 1997 on those fisheries it committed to future review in the 1996
LOF.
NMFS hopes to have available revised estimates of incidental
serious injury and mortality in U.S. commercial fisheries, and revised
PBR levels for the proposed LOF for 1998.
Proposed Changes to the LOF
The following specific changes are proposed for the LOF that would
take effect in 1997. Fisheries are placed into Category I, II, or III
based on the classification scheme defined in the final rule
implementing section 118 (60 FR 45086-45106, August 30, 1995). With the
exception of these specific proposed changes, NMFS proposes to retain
the fishery classifications as published in the final LOF for 1996.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
U.S. Atlantic Tuna Purse Seine Fishery
The bluefin tuna purse seine fishery, which is largely prosecuted
in the Gulf of Maine, was placed in Category III in the 1994 LOF, but
was inadvertently omitted from the 1996 LOF. In 1995, five bluefin tuna
purse seine permit holders reported landings in August and September.
Because there is also a yellowfin tuna purse seine fishery, which is
largely prosecuted in the U.S. mid-Atlantic and was not previously
listed in the LOF, the two target species are combined in this proposed
LOF under the name ``U.S. Atlantic tuna purse seine fishery''.
NMFS has received reports of interactions between the bluefin tuna
purse seine fishery and marine mammals. However, the marine mammals
were released uninjured. Because incidental serious injuries and
mortalities are not expected in this fishery, this fishery is proposed
to be placed in Category III.
Gulf of Maine Mackerel Trawl Fishery
A combined trawl fishery for squid, mackerel, and butterfish was
created in the 1996 LOF. A separate listing for a component of that
fishery, the Gulf of Maine mackerel trawl fishery, is duplicative and
is proposed to be deleted from the LOF. NMFS does not anticipate
significant effort in the mackerel trawl fishery in the Gulf of Maine
in the future.
Finfish Aquaculture Fishery
Records of harbor seal incidental mortality and serious injury have
been reported for this fishery, though at a level that does not warrant
a change in categories. However, NMFS proposes to add ``Harbor seal,
Western North Atlantic stock'' as a marine mammal stock that incurs
serious injury and mortality incidental to this fishery.
U.S. North Atlantic Coastal Gillnet Fisheries
NMFS proposes to change the names and revise the boundaries of the
``New England multispecies sink gillnet'' and the ``U.S. mid-Atlantic
coastal gillnet'' fisheries to reflect a change in the Northeast
Multispecies Fishery Management Plan (FMP) and to eliminate a boundary
overlap.
The ``New England multispecies sink gillnet fishery (including
species as defined in the Multispecies Fishery Management Plan and
spiny dogfish and monkfish)'' is proposed to be changed to ``Northeast
Multispecies sink gillnet fishery (including but not limited
[[Page 37037]]
to species as defined in the Northeast Multispecies Fishery Management
Plan, dogfish, and monkfish).'' The southern boundary of the Northeast
Multispecies sink gillnet fishery is proposed to be changed from
71 deg.40' W. long. to 72 deg.30' W. long.
The ``U.S. Mid-Atlantic coastal gillnet fishery'', defined in the
1992 LOF as ``mid-Atlantic coastal gillnet fishery (includes, but is
not limited to, Atlantic croaker, Atlantic mackerel, Atlantic sturgeon,
black drum, bluefish, herring, menhaden, scup, shad, striped bass,
sturgeon, weakfish, white perch, yellow perch),'' is proposed to be
changed to ``U.S. Mid-Atlantic coastal gillnet fishery (including but
not limited to, Atlantic croaker, Atlantic mackerel, Atlantic sturgeon,
black drum, bluefish, herring, menhaden, scup, shad, striped bass,
sturgeon, weakfish, white perch, yellow perch, dogfish, and
monkfish).'' The eastern boundary for the mid-Atlantic coastal gillnet
fishery is proposed to be the 72 deg.30' W. long. line, running south
from the southern Long Island shoreline; the southern boundary for this
fishery is proposed to be a line drawn from the North Carolina-South
Carolina border eastward to the 72 deg.30' line.
NMFS anticipates having additional data from observer programs and
from other sources to use in re-evaluating these fisheries. In
addition, studies are underway to provide NMFS with new information on
the nature of these fisheries, which have traditionally been difficult
to define or observe because of their highly seasonal nature.
Offshore Monkfish Bottom Gillnet Fishery
The offshore monkfish bottom gillnet fishery was a new fishery that
was placed in Category III in the 1996 LOF. However, because of the
location of the fishery and the type of gear typically employed, this
fishery should have been considered a new component of two existing
fisheries instead of a new, separate fishery. Monkfish will be added as
a target species to the Northeast Multispecies sink gillnet fishery and
to the U.S. mid-Atlantic coastal gillnet fishery, as defined in the
above section on the U.S. North Atlantic coastal gillnet fisheries.
Thus, fishers targeting monkfish using gillnets either will be in the
U.S. mid-Atlantic coastal gillnet fishery, and placed with that fishery
in Category II, or in the Northeast Multispecies sink gillnet fishery,
and placed with that fishery in Category I. Gulf of Maine and U.S. Mid-
Atlantic Lobster Fisheries.
1. Summary. Currently there are two lobster fisheries in the LOF,
the ``Gulf of Maine, U.S. Mid-Atlantic Inshore Lobster Trap/Pot
Fisheries'' and the ``Gulf of Maine, U.S. Mid-Atlantic Offshore Lobster
Trap/Pot Fisheries.'' Based on a review of 1990-1994 large whale
entanglement reports received by the agency and new information
received about the prosecution of the lobster fishery, the inshore and
offshore fisheries are proposed to be combined into a single fishery,
and referred to as the ``Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/
Pot Fishery.'' This fishery is proposed to be placed in Category I in
the 1997 LOF.
2. Combining lobster fisheries. The two lobster fisheries described
in the 1996 LOF are proposed to be combined because there is currently
no practical way to distinguish between ``inshore'' and ``offshore''
fisheries with regard to differences in marine mammal take. Definitions
of ``inshore'' and ``offshore'' or a discussion of what constitutes an
inshore fishery versus an offshore fishery were not presented in the
previous LOFs.
Generally, as the distances from shore increase, so do the size of
the pots, number of pots, and number and size of associated lines and
surface gear. There is no evidence to indicate that significant changes
in fishing operations occur at the boundary between state waters and
the exclusive economic zone. In some cases, gear used in state waters
is indistinguishable (larger pots and long strings, similar surface
gear) from that used 161 km (100 miles) offshore.
Comments are specifically requested from the public on whether
there is a practical operational distinction between the inshore and
offshore sectors of the fishery. Comments should consider factors such
as geographic location, gear characteristics, and fishing practices
such as tending gear. Comments also should consider how interactions
with marine mammals should be attributed if separate fisheries are
recommended.
3. Special problems. The lobster fishery is one of the largest
fisheries in the Northeast. It is estimated that there are 14,000
combined state and federal lobster trap/pot permit holders. This
information is based on a fishery from Maine through New Jersey,
although the fishery may extend as far south as Cape Hatteras in some
years.
A confounding problem in analyzing the impacts of this fishery is
that many whales are capable of dragging lobster gear some distance
from the location in which it was originally set. For example, a
northern right whale carried part of a lobster trawl from the Bay of
Fundy for three months before it was spotted in Massachusetts waters.
In addition, a 4.3-meter (14-foot) minke whale dragged a pair trap (a
two-trap string) 9.2 km (5.5 miles) before it was sighted and
disentangled. Thus, either of the fishers, upon returning to the
location at which they had originally set the gear, would not have
known whether an entanglement had occurred or whether the missing gear
was dislodged by mobile gear or for other reasons.
NMFS has provided observer coverage designed to sample the lobster
catch for this fishery, at least 66 days in some years, which has not
identified a marine mammal bycatch problem. Due to the whale behavior
described above and the size of the lobster fishery, the agency
believes that traditional observer coverage will not be effective in
this fishery. Alternative monitoring programs such as aerial surveys,
enhanced stranding and disentanglement network reporting, and
additional gear marking requirements may be considered as alternatives
to traditional observer coverage.
4. Interactions between the lobster fishery and marine mammals. As
described in the following analysis, serious injuries and/or
mortalities of marine mammals are known to occur in the lobster
fishery. An examination of large whale entanglement records from
sources other than an observer program reveals that large whale
entanglements occur in gear which is reported as ``lobster gear'',
``lobster pot warp'', ``line like lobster pot warp'', or in similar
terms. Generally, these reports describe the whale's condition and
provide a basic description of how the gear is entangling the animal so
that a rescue can be planned. The reports often do not contain the
detail necessary to assign the entanglements to a particular fishery or
location. On many occasions, the whale is not re-sighted, so a close
examination of the gear cannot be attempted. In some cases, additional
supportive information may be available to confirm the gear type and
origin, but sources of that information have not been fully
investigated at this time.
For this analysis, NMFS has been conservative in attributing
available records of entanglements to this fishery and has used only 18
of 42 (43 percent) of the available 1990-1994 line entanglement (as
opposed to net entanglement) records. The reasons for this approach
include: (1) Records have been excluded where gear was only reported as
``line'' or ``line like lobster pot warp'' since NMFS cannot confirm at
this time whether lobster pot warp or line from some other fixed or
mobile gear was involved; (2) records were
[[Page 37038]]
excluded if there was insufficient information on degree of injury or
marine mammal species identification; 3) records were excluded if the
whale disentangled itself; and 4) records were excluded if gear was
known to be of non-U.S. origin or gear was of unknown origin but the
entanglement was first sighted in non-U.S. waters. In addition, records
of entanglements prior to 1990 or after 1994 were not considered in
this analysis.
Tier 1 evaluation. Annual serious injury and mortality levels
across all fisheries for humpback, northern right whale, and minke
whale stocks interacting with this fishery exceed 10 percent of the PBR
levels for all three species.
Tier 2 evaluation. One record of serious injury and/or mortality of
a northern right whale, 11 records of serious injury and/or mortality
of humpback whales, and 6 records of serious injury and/or mortality of
minke whales were reported for this fishery from 1990-1994. These
records cannot be extrapolated to a total kill estimate and therefore
represent a minimum serious injury and/or mortality rate (from a 5-year
average) of 0.2 per year for northern right whales, 2.2 per year for
humpback whales, and 1.2 per year for minke whales. This rate is
greater than 1% but less than 50 percent of the PBR level for humpback
and minke whales, but equal to 50 percent of the PBR level for northern
right whales. Therefore this fishery is proposed to be placed in
Category I in the 1997 LOF.
In addition to the one right whale entanglement used in the above
analysis, the agency has received at least one report of a right whale
entanglement after 1994 as well as during the 1990-1994 period which
may be attributable to the lobster fishery, including a video of a
temporarily entangled right whale calf in Cape Cod Bay in 1995. Further
verification is anticipated on a 1993 report of an entangled right
whale sighted near Munson Canyon and one in 1994 sighted off Plum
Island, Massachusetts.
5. Registration of the lobster fishery. Annual registration for an
MMPA Authorization Certificate is required for participants in Category
I and II fisheries. NMFS will consider registration options for the
lobster fishery that will minimize the registration burden on lobster
fishers.
The lobster fishery is currently licensed under a combination of
several state and federal systems. NMFS will work with the New England
and Mid-Atlantic states to integrate registration under the MMPA with
state lobster fishery registration. NMFS intends to coordinate
registration for the federally managed lobster fishery with the MMPA
registration program.
The proposed rule would provide additional flexibility for
integrated registration systems so that, for qualified programs,
individual fishers would not be required to fill out forms or submit
registration information but automatically would be issued
registrations and Authorization Certificates. Once an alternative
registration system is developed, and a reduction in administration
costs is realized, NMFS will waive the registration fee for the lobster
fishery.
Commercial Fisheries in the Pacific Ocean
Oregon Swordfish/Blue Shark Surface Longline Fishery
The Oregon swordfish/blue shark surface longline fishery was
classified as a Category II fishery in the 1996 LOF based on analogy
with other pelagic longline fisheries. NMFS proposes to separate this
fishery into two fisheries based upon the target species to reflect the
current licensing practices of the Developmental Fisheries Program in
the State of Oregon. The two fisheries would be the: ``Oregon swordfish
floating longline fishery'' and ``Oregon blue shark floating longline
fishery.'' There are 20 participants and 10 participants in these
fisheries, respectively. Both fisheries would remain in Category II in
1997.
California Squid Purse Seine Fishery
The California squid purse seine fishery was classified as a
Category III fishery in the 1996 LOF. However, the Pacific Scientific
Review Group, established under section 117 of the MMPA, recommended
that the squid purse seine fishery be monitored with an observer
program because of lack of information about marine mammal mortalities
and historical interactions between this fishery and short-finned pilot
whales.
Incidental mortality of pilot whales has occurred historically in
the California squid purse seine fishery. Twelve pilot whales were
observed and reported entangled in this manner during the 1980 season
(Miller et al. 1983). Miller et al. (1983) also reported that pilot
whales were occasionally shot in the squid purse fishery when lethal
deterrence was legal. Heyning and Woodhouse (1994) analyzed stranding
data between 1975-90 and found 14 short-finned pilot whales stranded or
floating dead (most during the late 1970's). They believe that these
pilot whales were incidentally killed in the squid purse seine fishery.
All animals that were examined had stomachs full of market squid; none
that were stranded had evidence of bullet holes, and commercial squid
boats were reported to have been working those areas at the time.
Short-finned pilot whales were once common off Southern California,
especially near Santa Catalina Island (Barlow et al. 1995). Dohl et al.
(1980) estimated that a resident population of 400 short-finned pilot
whales occurred in California, with a seasonal increase of up to 2,000
individuals. Short-finned pilot whales disappeared from the area after
the strong 1982-83 El Nino event, and few sightings were made between
1984-92 (Barlow et al. 1995). Because the 1991-92 aerial and shipboard
cetacean surveys only sighted one short-finned pilot whale, there is no
estimate of population size available at this time. However, six
sightings of short-finned pilot whales were made during another ship
survey off California in 1993, and a population estimate will be
available in the near future. In addition, short-finned pilot whales
are also incidentally killed in the offshore drift gillnet fishery for
thresher shark and swordfish. Thirteen short-finned pilot whales were
observed incidentally killed between 1990-94 in this fishery. Thus,
short-finned pilot are rare, but present in the area (Forney 1994).
Currently, purse seine vessels that fish for mackerel, tuna, and
anchovies (a Category II fishery) use the same gear to fish for squid
in the winter off southern California. The number of vessels has
remained relatively stable in southern California, with approximately
65 squid purse seine vessels in operation. Over the last few years,
squid purse seine effort and landings have increased. In the absence of
reliable information indicating the frequency of interaction, NMFS must
determine whether a fishery is a Category II fishery by evaluating
other factors (60 FR 45086, August 30, 1995). Because of historical
evidence and possible significant interactions with the short-finned
pilot whale, NMFS is proposing to re-categorize the squid purse seine
fishery from Category III to Category II.
NMFS is concerned about the lack of recent data on which to base
this proposed fishery classification and about the apparent change in
distribution of the short-finned pilot whale in California waters. NMFS
specifically requests comments on these two aspects of this proposed
reclassification.
[[Page 37039]]
Re-evaluation of Other Fisheries
Gulf of Maine, U.S. Mid-Atlantic Tuna, Shark, and Swordfish Hook and
Line/Harpoon Fisheries
An examination of entanglement records from sources other than
observer data reveals that large whale entanglements occur in gear
reported as ``tuna gear'', ``tuna dart'', ``line with tuna ball'', etc.
Generally, these reports describe the whale's condition and provide a
general description of how the gear is entangling the animal so that a
rescue can be planned. The reports often do not contain the detail
necessary to definitively identify the responsible fishery or the
location where the entanglement occurred. On many occasions, the whale
is not resighted, so a close examination of the gear cannot be
attempted. In some cases, additional supportive information may be
available to confirm the gear type and origin, but sources of that
information have not been fully investigated at this time. NMFS will
continue to monitor these entanglements and will verify the origin of
the gear if possible. Until the data can be verified and additional
information is obtained on the hook and line/harpoon fisheries for
tuna, shark and swordfish, NMFS proposes to retain the large pelagics
hook-and-line/harpoon fisheries in Category III in the LOF.
Other Fisheries
In the 1996 LOF, NMFS indicated that the annual incidental serious
injury and mortality levels of marine mammals in several fisheries
would be re-evaluated in a future LOF. New data were not yet available
for adequate re-evaluations of the level of serious injury and
mortality incidental to some Atlantic trap/pot fisheries, the Atlantic
inshore gillnet fisheries, the North Atlantic bottom trawl fishery, and
several other fisheries described in the 1996 LOF. NMFS recognizes that
incidental serious injuries and mortalities may occur at some level in
some of these fisheries and will continue to monitor these
interactions.
Definitions of Various U.S. North Atlantic Trawl Fisheries
Since the publication of the 1996 LOF, it has come to NMFS'
attention that there is confusion regarding the definitions of the
trawl fisheries. NMFS is concerned that the current fishery definitions
may not reflect current fishing practices. It is often difficult for a
fisher to determine under which category his/her vessel falls, and
therefore whether or not to register in the Marine Mammal Authorization
Program and be prepared for possible observer coverage. The absence of
a clear understanding of the definitions of certain fisheries may
confound the classification of certain fisheries in the LOF. Thus, NMFS
is specifically requesting comments from the public on appropriate
definitions of the trawl fisheries.
The following are the trawl fisheries as listed in the LOF for
1996. Definitions of the fisheries are included for those fisheries not
described by target species and gear type in the fishery name.
U.S. Atlantic Large Pelagics Pair Trawl Fishery
This fishery is in Category I and currently consists of seven pairs
of vessels. This fishery is characterized by the use of two vessels to
cooperatively haul trawl net gear.
Atlantic Mackerel, Squid, and Butterfish Trawl Fishery
This fishery is in Category II and currently consists of
approximately 260 vessels/persons. This fishery consists of the ``Mid-
Atlantic squid trawl'' and the ``Mid-Atlantic mackerel trawl''
fisheries as defined in the 1994 LOF. These fisheries were combined,
proposed to include the butterfish trawl fishery in order to parallel
the Fishery Management Plan for the Atlantic Mackerel, Squid, and
Butterfish Fisheries of the North Atlantic, and proposed to be
identified as the ``Atlantic mid-water trawl fishery'' in the proposed
LOF for 1996 (60 FR 31680, June 16, 1995). In response to a public
comment indicating that it was incorrect to call the squid trawl
fishery a mid-water trawl fishery, the name of the fishery was changed
in the final LOF for 1996 to the ``Atlantic squid, mackerel, and
butterfish trawl'' fishery to reflect the species targeted and to
parallel the relevant FMP (60 FR 67070, December 28, 1995).
North Atlantic Bottom Trawl Fishery
This fishery was placed in Category III in the 1996 LOF and
currently consists of 1,052 vessels/persons. This fishery was renamed
from the ``Gulf of Maine, mid-Atlantic groundfish trawl'' fishery to
include a specific list of species targeted (60 FR 31681, June 16,
1995). Although the list of species targeted was not provided in the
final LOF for 1996, the proposed LOF for 1996 indicted that this
fishery targets species included in, but not limited to, all species
described in the Northeast Multispecies, and Summer Flounder FMPs and
scup and seabass which may be included in the Summer Flounder FMP at a
later date.
Gulf of Maine Mackerel Trawl Fishery
This fishery was placed in Category III in the 1996 LOF and
currently consists of approximately 30 vessels. This fishery is
proposed to be combined with the squid, mackerel, butterfish trawl
fishery in this proposed LOF.
Mid-Atlantic Mixed Species Trawl Fishery
This fishery was placed in Category III in the 1996 LOF and
currently consists of more than 1,000 vessels/persons.
Gulf of Maine and Mid-Atlantic Sea Scallop Trawl Fishery
This fishery was placed in Category III in the 1996 LOF and
currently consists of 215 vessels/persons.
Gulf of Maine, Southern North Atlantic, and Gulf of Mexico Herring
Trawl Fishery
This fishery was placed in Category III in the 1996 LOF and
currently consists of five vessels/persons.
U.S. Atlantic Monkfish Trawl Fishery
This fishery was a new fishery that was placed in Category III in
the 1996 LOF and consists of an unknown number of participants. This
fishery harvests monkfish in the deep waters off the Atlantic coast.
Some participants in this fishery use a modified beam trawl; most use
otter trawls. In addition, some participants in the scallop dredge
fishery target monkfish using dredge gear during off-days for scallops
as well as targeting scallops and monkfish simultaneously.
Bluefish, Croaker, and Flounder Trawl Fishery
This fishery is in Category III and currently includes
approximately 550 vessels/participants.
Other Proposed Changes
Annual registration is one of the requirements of the MMPA which
would apply to participants in Category I and II fisheries. NMFS is
considering registration options that will ensure compliance with the
MMPA while minimizing the registration burden to fishers. As noted
above, NMFS has successfully integrated registration under the MMPA
with state fishery registration in Washington and Oregon under current
regulations, is pursuing an integrated registration system with Alaska,
and would consider integrated registration systems for other fisheries
such as the Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/Pot Fishery.
The proposed rule would provide additional flexibility for
integrated registration systems so that, if MMPA
[[Page 37040]]
Authorization Certificate registration information is supplied through
integration with state systems, interjurisdictional fisheries programs,
and federally managed fisheries, individual fishers would not required
to fill out forms or submit registration information but automatically
would be issued registrations and Authorization Certificates.
The benefits of integrating MMPA registration with existing fishery
registration or permit programs have included a reduction in paperwork
that must be completed by the fisher, a reduction in paperwork that
must be completed by NMFS, and reduced staff burdens for NMFS. NMFS
will consider reducing or waiving registration fees for the fisheries
where an integrated registration program can be arranged.
Classification
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. Under existing regulations certain fishers must
register, obtain an Authorization Certificate, and pay a fee of $25.
Such a certificate authorizes the taking of certain marine mammals
incidental to commercial fishing operations. Currently, approximately
13,000 fishers are registered. This proposed rule, if adopted, would
require the registration of additional fishers in fisheries that are
classified as Category I and II, including approximately 14,000
participants in the Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/Pot
Fishery. NMFS will consider waiving or reducing the registration fee
for fisheries where an integrated registration program can be arranged.
In any case, the fee, with respect to expected revenues, is not
considered significant. As a result, a regulatory flexibility analysis
was not prepared. This proposed rule has been determined to be not
significant for purposes of E.O. 12866.
This proposed rule does not contain new collection-of-information
requirements subject to the Paperwork Reduction Act. Further, proposed
regulatory changes are designed to provide additional flexibility and
to reduce paperwork burdens. However, the proposed reclassification of
some fisheries to Category I or II would be expected to increase the
number of fishers that may be subject to collection-of-information
requirements.
Although this collection has been approved previously by the Office
of Management and Budget (OMB) under OMB control numbers 0648-0224 and
0648-0225, because of new collection requirements as a result of the
reclassification of some fisheries to Category I and II, this proposed
rule is being resubmitted to OMB for review and approval. The average
reporting burden under the existing requirements is 0.25 hours for each
fisher who is required to register for an Authorization Certificate and
0.17 hours for each report of marine mammal injury or mortality. Those
burdens are not expected to change significantly if this proposed rule
is adopted, and may actually decrease as a result of proposed changes
in the registration system to reduce those burdens. Send comments
regarding these reporting burden estimates or any other aspect of the
collections of information, including suggestions for reducing the
burdens, 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 OMB Control Number.
The Assistant Administrator for Fisheries, NOAA, prepared an
environmental assessment (1995 EA) under the National Environmental
Policy Act for regulations to implement section 118 of the MMPA. The
1995 EA concluded that implementation of those regulations would not
have a significant impact on the human environment and is available
upon request (see ADDRESSES). For the proposed LOF, NMFS is constrained
by the MMPA with respect to the information that may be considered;
changes in the implementing regulations are minor and procedural in
nature and do not change the analysis or conclusion of the 1995 EA.
List of Subjects in 50 CFR Part 229
Administrative practice and procedure, Imports, Indians, Marine
Mammals, Penalties, Reporting and recordkeeping requirements,
Transportation.
Dated: July 10, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 229 is
proposed to be amended as follows:
PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE
MAMMAL PROTECTION ACT OF 1972
1. The authority citation for part 229 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq.
2. In Sec. 229.4, paragraphs (a), (b) and (e) are revised to read
as follows:
Sec. 229.4 Requirements for Category I and II fisheries.
(a) General. (1) In order to lawfully incidentally take a marine
mammal in the course of a commercial fishing operation in a Category I
or II fishery, a valid Certificate of Authorization authorizing such a
taking must be on board the vessel or, in the case of nonvessel
fisheries, must be in the possession of the person in charge of the
fishing operation. The owner of a vessel or nonvessel fishing gear is
responsible for obtaining a Certificate of Authorization.
(2) The administration of Authorization Certificates under this
part will be integrated and coordinated with existing fishery license,
registration, or permit systems and related fishery management programs
wherever possible. These fishery management programs may include, but
are not limited to, state or interjurisdictional fisheries programs. If
the administration of Authorization Certificates is integrated into a
fishery management program, NMFS will publish a notice in the Federal
Register announcing the integrated program and summarizing how a person
may register under that program or how registration will be achieved.
Additional efforts will be made to contact participants in the affected
fishery via other appropriate means of notification.
(b) Registration. (1) The owner of a vessel, or for nonvessel gear
fisheries, the owner of gear who participates in a Category I or II
fishery is required to be registered for a Certificate of
Authorization.
(2) Unless a notice is published in the Federal Register announcing
an integrated Authorization Certificate/fishery management program, the
owner of a vessel, or for nonvessel fishery, the owner of the gear must
submit the following information using the format specified by NMFS:
(i) Name, address, and phone number of owner;
(ii) Name, address, and phone number of operator, if different from
owner, unless the name of the operator is not known or has not been
established at the time the registration is submitted;
[[Page 37041]]
(iii) For a vessel fishery, vessel name, length, and U.S. Coast
Guard documentation number or state vessel registration number, and if
applicable, state commercial vessel license number and for a nonvessel
fishery, a description of the gear and state commercial license number,
if applicable.
(iv) A list of all Category I and II fisheries in which the fisher
may engage during next calendar year;
(v) The approximate time, duration, and location of each such
fishery operation, and the general type and nature of use of the
fishing gear and techniques used; and
(vi) A certification signed and dated by the owner of an authorized
representative of the owner as follows: ``I hereby certify that I am
responsible for the vessel or gear described in this registration, that
I have reviewed all information contained in this registration, and
that the information is true and complete to the best of my
knowledge.''
(3) If a notice is published in the Federal Register announcing an
integrated Authorization Certificate/fishery management program, the
owner of a vessel, or for nonvessel fishery, the owner of the gear may
register by following the directions provided in that notice. In some
cases, an integrated Authorization Certificate/fishery management
program may automatically register participants in a fishery for
Authorization Certificates. If a person receives a registration to
which he or she is not entitled or if the registration contains
incorrect, inaccurate or incomplete information, the person shall
notify NMFS within 10 days following receipt. A registration must be
signed and dated by the owner or an authorized representative of the
owner unless it contains incorrect, inaccurate or incomplete
information. If for some reason a person who expects to receive
automatic registration does not receive that registration within the
time specified in the notice announcing the integrated Authorization
Certificate/fishery management program, the person shall notify NMFS as
directed in the notice or may apply for registration by submitting the
information required under paragraph (b)(1)(i) through (vi).
* * * * *
(e) Issuance. (1) NMFS will issue an Authorization Certificate and
annual decal to an owner or a representative of the owner who submits a
completed registration and the required fee, or is registered under an
integrated Authorization Certificate/fishery management program and has
paid any required fee, provided that the registrant has complied with
the requirements of this section and Secs. 229.6 and 229.7.
(2) NMFS will renew an Authorization Certificate and issue a new
annual decal to an owner or a representative of the owner who submits
updated registration or renewal registration which includes a statement
(yes/no) whether any marine mammals were killed or injured during the
current or previous calendar year and the required fee, or who is
registered under an integrated Authorization Certificate/fishery
management program and has paid any required fee, provided that the
registrant has complied with the requirements of this section and
Secs. 229.6 and 229.7.
(3) If a person receives an Authorization Certificate or an annual
decal to which he or she is not entitled, the person shall notify NMFS
within 10 days following receipt. In order for a Authorization
Certificate to be valid, the certification must be signed and dated by
the owner or an authorized representative of the owner.
* * * * *
[FR Doc. 96-18002 Filed 7-11-96; 11:45 am]
BILLING CODE 3510-22-F