[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Proposed Rules]
[Pages 28657-28668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13818]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 970515117-7117-01; I.D. 050797D]
RIN 0648-AJ85
Proposed List of Fisheries for 1998
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 1998 to the List of Fisheries
(LOF) required by the Marine Mammal Protection Act (MMPA). The proposed
LOF for 1998 reflects new information
[[Page 28658]]
on 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 MMPA such as the requirement to
register for Authorization Certificates.
DATES: Comments on the proposed rule must be received by August 25,
1997.
ADDRESSES: Send comments to Chief, Marine Mammal Division, 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 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
Section 118 of the MMPA, as amended in 1994, requires 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. 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
the old section 114 and established 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 the final rule implementing section 118
(60 FR 45086, August 30, 1995) and to the final LOF for 1996 (60 FR
67063, December 28, 1995), 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 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 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, Oregon, Alaska, and certain
New England fisheries and is actively pursuing integration with state
fishery registration programs in North Carolina and California. 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.
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 mortalities and injuries of marine
mammals during the course of commercial fishing operations to NMFS
Headquarters. ``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
Fishers participating in Category I and II fisheries are required,
upon request, to accommodate an observer aboard their vessels. Observer
requirements may be found at 50 CFR 229.7.
[[Page 28659]]
Sources of Information Reviewed During Development of the Proposed LOF
for 1997 and 1998
In 1996, few changes were made to the LOF for 1997, because little
new information was available on the level of interaction between
marine mammals and commercial fisheries. Instead, NMFS focused its
analysis for the proposed LOF for 1997 on those fisheries that it
committed to future review in the 1996 LOF. Similarly, the final LOF
for 1997 (62 FR 33; January 2, 1997), focused only on certain fisheries
NMFS had previously identified and used PBR levels from 1995.
In January 1997, NMFS made available draft Stock Assessment Reports
(SARs) for 1996 (62 FR 3005; January 21, 1997). These SARs provide new
estimates of total serious injury and mortality of marine mammals
incidental to commercial fisheries and also provide new estimates of
PBR levels for all U.S. stocks. Because these draft SARs provide the
best available information on both the level of serious injury and
mortality and the PBR levels, the proposed LOF for 1998 will be based
on information provided in these documents. If information in the SARs
changes as a result of public comments or additional review by the
Scientific Review Groups, these updates will be incorporated in the
final LOF for 1998.
Proposed Changes to the LOF
Marine mammal incidental serious injury and mortality information
presented in the draft SARs was reviewed for all observed fisheries to
determine whether proposed changes in fishery classification is
warranted. Other sources of new information, such as documents provided
to Take Reduction Teams, were also reviewed.
No changes to the classification of fisheries currently in the LOF
are proposed in this LOF.
Pursuant to section 118, NMFS is required to determine the number
of participants in each commercial fishery and the marine mammal
species and/or stocks incidentally injured or killed in each fishery.
The last comprehensive table that provided a list of all fisheries, the
numbers of participants, and the interacting species/stocks was
published in the final LOF for 1996 (December 28, 1995, 60 FR 67063).
Because there were few changes to the LOF in 1997 (January 2, 1997, 62
FR 33), a comprehensive table was not published but was made available
to people when requested. Because substantial new information has
become available for construction of this proposed LOF for 1998, NMFS
is now proposing the following changes to the comprehensive table
listing all fisheries:
Changes Resulting From New Draft SARs
Draft SARs for 1996 were made available to the public for review
and comment on January 21, 1997. The table in the LOF that lists all
U.S. commercial fisheries, the numbers of participants in each fishery,
and the marine mammal species and/or stocks incidentally killed or
injured in each fishery was updated to include the following changes
proposed in the draft SARs:
--The Gulf of Alaska stock of harbor seals was proposed to be
designated as strategic.
--The stock formerly known as the Alaska harbor porpoise stock was
proposed to be divided into three stocks: The Southeast Alaska stock,
the Gulf of Alaska stock, and the Bering Sea stock.
--The Cook Inlet stock of beluga whales was proposed to be designated
as strategic.
--The Western North Atlantic stock of white-sided dolphins was proposed
to be designated as non-strategic.
In addition, the draft SARs for Alaska and for the Pacific provided
updates to the numbers of participants in many commercial fisheries
that operate in Alaska and in California, respectively. When possible,
the number of participants provided in the table reflects the number of
active permitholders, rather than the number of permitted fishers, to
better indicate the level of effort in a fishery. An active
permitholder is one that meets the minimum landing requirements under
that permit. Solicitation of Public Comments on Particular Aspects of
Certain Commercial Fisheries.
Since the publication of the final LOF for 1997, certain Take
Reduction Teams and the draft SARs have highlighted two fisheries, the
U.S. mid-Atlantic coastal gillnet and a tuna drift gillnet fishery that
may incur serious injuries or mortalities of marine mammals. NMFS is
interested in soliciting public comments on specific aspects of the
prosecution of these fisheries to aid in determining whether any
changes to the LOF are necessary.
U.S. Mid-Atlantic Coastal Gillnet Fishery: Description of the Fishery
and Level of Incidental Serious Injury and Mortality
The 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) as
described in the LOF for 1997 (January 2, 1997, 62 FR 33) includes all
gillnet fishing from 72 deg.30' W. long to the North Carolina-South
Carolina border, except for gillnet fisheries in Category III that
occur solely within bays, estuaries and rivers. This fishery was
classified in Category II in the 1996 LOF, based on a level of
incidental mortality and serious injury of mid-Atlantic coastal
bottlenose dolphins determined through examination of stranded animals.
Until 1995, this fishery had been largely unobserved and the only
sources of information on the level of incidental mortality and serious
injury were stranded animals and reports submitted by fishers.
New information on the level of incidental serious injury and
mortality in the U.S. mid-Atlantic coastal gillnet fishery has recently
become available to NMFS. The following describes this new information
and specifically solicits comments on some aspects of this fishery.
Observer Data
The Northeast Fisheries Science Center presented preliminary data
at a recent meeting of the Mid-Atlantic Take Reduction Team that
estimated 192 harbor porpoise were killed annually in the observed
portion of this fishery (NMFS, unpublished data). This estimate is
thought to be a conservative estimate of the total mortality, because
the observer effort was low (< 5 percent) and because fishing effort
was calculated based on landings data obtained from individual state
agencies from New York to North Carolina that may not represent total
fishing effort. This level of incidental take may be more accurate for
the segment of this fishery that targets dogfish and monkfish, because
it is uncertain whether observer coverage in other segments of the
fishery are representative of total fishing effort. The estimated
serious injury and mortality of harbor porpoise in this segment of the
fishery is under 50 percent of the PBR for harbor porpoise; thus,
retaining this fishery in Category II at this time is justifiable based
on extrapolations from the observer data.
Data from Stranded Marine Mammals
Since 1994, data on evidence of fishing interactions from stranded
marine mammals has improved in certain mid-Atlantic states,
particularly North Carolina and Virginia. This improvement in the
available information has resulted from better training of stranding
network volunteers in the recognition of scars and pathology associated
with fishing
[[Page 28660]]
interactions and increases in beach survey and necropsy effort. Two
reports that provide guidelines for determining whether a marine mammal
likely died as a result of fishery interactions have been published in
recent years. These improvements in the stranding network will greatly
enhance the confidence with which NMFS may propose changes in the LOF
based on stranding data alone.
Between 1994 and early March 1997, data were collected from
stranded dead bottlenose dolphins in North Carolina that indicated an
average of 17.9 (58 total interactions divide by 3.25 years) bottlenose
dolphins strand annually with identifiable evidence of fishing
interactions (NMFS, unpublished data). Of these, net marks or attached
gear was found on an average of 10.5 stranded bottlenose dolphins per
year, of which an average of 4 per year had evidence of monofilament
gillnet. The majority of these strandings are of bottlenose dolphins
from the mid-Atlantic coastal stock (NMFS, unpublished data). This
level of incidental mortality (4 stranded bottlenose dolphins per year
with evidence of monofilament gillnet) justifies placement of this
fishery in Category II but not in Category I.
The evidence from stranding data clearly indicates that the mid-
Atlantic coastal bottlenose dolphin stock has consistent interactions
with monofilament gillnet fisheries. The majority of the strandings of
bottlenose dolphins (both those with evidence of fishery interactions
and those without evidence of fishery interactions) occur from February
through May in North Carolina. This temporal distribution of strandings
appears to correlate directly with nearshore gillnet effort in state
waters for species such as weakfish and dogfish (NMFS, unpublished
data).
Solicitation of Public Comments
NMFS has two sources of data on the level of serious injury and
mortality in the mid-Atlantic coastal gillnet fishery: (1) Observed
mortalities of harbor porpoise on vessels targeting monkfish and
dogfish; and (2) evidence from bottlenose dolphin strandings that were
likely caused by interactions with gillnet vessels. NMFS currently
cannot use these data sources to evaluate takes in the entire U.S. mid-
Atlantic coastal gillnet fishery, as it is currently defined, because
the data sources appear to reflect interactions of different species in
different segments of the fishery. NMFS specifically solicits public
comments on the following:
--Whether it is appropriate to divide the U.S. mid-Atlantic coastal
gillnet fishery into different components.
--If it is appropriate to separate the U.S. mid-Atlantic coastal
gillnet fishery into different components, what criteria should be used
to make that separation.
--In addition, NMFS seeks other relevant information from the public
including specific geographic and temporal distribution of nearshore
gillnet fisheries, including target species and type of gear used
(e.g., mesh size, twine diameter).
U.S. Mid-Atlantic Tuna Drift Gillnet
NMFS has received reports that a new fishery using drift gillnet to
target tuna may operate in U.S. mid-Atlantic waters between New Jersey
and Virginia. Reports indicate that this fishery targets primarily
yellowfin and albacore tunas using a mesh size smaller than that
typically used in the Atlantic Ocean, Caribbean, and Gulf of Mexico
large pelagics drift gillnet fishery. Because these reports are
unsubstantiated to date, NMFS specifically solicits information on the
following:
--The specific geographic location of the fishery.
--The type of gear, target species, and specific methods of fishing.
--Marine mammal species/stocks that are injured or killed incidental to
this fishery.
--The number of participants in this fishery.
--In addition, NMFS seeks public comment on whether this fishery should
be considered part of another fishery or a separate fishery.
Information provided on these issues may be used to determine
whether this is an active fishery that should be included on the final
LOF for 1998.
List of Fisheries
The following two tables list the commercial fisheries of the
United States according to their assigned categories under Section 118.
The estimated number of vessels 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 information on which marine mammal species/
stocks are involved is based on observer data, logbook data, stranding
reports, and fisher's reports. Only those species or stocks known to
incur injury or mortality are listed. There are a few fisheries that
are in Category II and have no recent documented interactions with
marine mammals. Justifications for placement of these fisheries are
found in the final LOF for 1996 (December 28, 1995; 60 FR 45086).
An asterisk (*) indicates that the stock is a strategic stock; a
plus (+) indicates that the stock is listed as threatened or endangered
under the Endangered Species Act.
Table 1.--List of Fisheries
[Commercial Fisheries in the Pacific Ocean]
------------------------------------------------------------------------
Estimated number Marine mammal species/
Fishery description of vessels/ stocks incidentally
persons injured/killed
------------------------------------------------------------------------
Category I:
Gillnet fisheries:
CA angel shark/halibut and 58............... Harbor porpoise,
other species large mesh central CA.
(>3.5in) set gillnet Common dolphin, short-
fishery. beaked, CA/OR/WA.
Common dolphin, long-
beaked CA.
California sea lion,
U.S.
Harbor seal, CA.
Northern elephant
seal, CA breeding.
[[Page 28661]]
CA/OR thresher shark/ 130.............. Steller sea lion,
swordfish drift gillnet Eastern U.S.*+
fishery. Sperm whale, CA to
WA.*+
Dall's porpoise, CA/
OR/WA.
Pacific white sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Bottlenose dolphin,
CA/OR/WA offshore.
Common dolphin, short-
beaked, CA/OR/WA.
Common dolphin, long-
beaked, CA.
Northern right whale
dolphin, CA/OR/WA.
Short-finned pilot
whale, CA/OR/WA.*
Baird's beaked whale,
CA/OR/WA.
Mesoplodont beaked
whales, CA to WA.*
Cuvier's beaked
whale, CA/OR/WA.
Pygmy sperm whale, CA/
OR/WA.*
California sea lion,
U.S.
Harbor seal, CA.
Northern elephant
seal, CA breeding.
Harbor porpoise, OR/
WA coastal.
Humpback whale, CA/OR/
WA-Mexico.
Minke whale, CA/OR/
WA.*
Category II:
Gillnet fisheries:
AK Prince William Sound 518.............. Steller sea lion,
salmon drift gillnet. Western U.S.*+
Northern fur seal,
North Pacific.*
Harbor seal, GOA.*
Pacific white-sided
dolphin, central.
North Pacific.
Harbor porpoise, GOA.
Dall's porpoise, AK.
AK Peninsula/Aleutians 164.............. Northern fur seal,
salmon drift gillnet North Pacific.
fishery. Harbor seal, GOA.
Harbor seal, Bering
Sea.
Harbor porpoise,
Bering Sea.
Dall's porpoise, AK.
Northern (Alaska) sea
otter, Pacific.
AK Peninsula/Aleutian 109.............. Steller sea lion,
Island salmon set gillnet. Western U.S.*+
Harbor porpoise,
Bering Sea.
Southeast Alaska salmon 452.............. Steller sea lion,
drift gillnet fishery. Eastern U.S.* +
Harbor seal,
Southeast AK.
Pacific white-sided
dolphin, central
North Pacific.
Harbor porpoise,
Southeast Alaska.
Dall's porpoise, AK.
Humpback whale,
central North
Pacific.* +
AK Cook Inlet drift 577.............. Steller sea lion,
gillnet. Western U.S.* +
Harbor seal, GOA.*
Harbor porpoise, GOA.
Dall's porpoise, AK.
AK Cook Inlet salmon set 625.............. Steller sea lion,
gillnet. Western U.S.* +
Harbor seal, GOA.*
Harbor porpoise, GOA.
Beluga, Cook Inlet.*
AK Yakutat salmon set 147.............. Harbor seal,
gillnet. Southeast AK.
AK Kodiak salmon set 173.............. Harbor seal, GOA.*
gillnet. Harbor porpoise, GOA.
AK Bristol Bay drift 1,882............ Steller sea lion,
gillnet. Western U.S.* +
Northern fur seal,
North Pacific.*
Harbor seal, Bering
Sea.
Beluga, Bristol Bay.
Gray whale, Eastern
North Pacific.
Spotted seal, AK.
Pacific white-sided
dolphin, central.
North Pacific.
AK Bristol Bay set gillnet 967.............. Harbor seal, Bering
Sea.
Beluga, Bristol Bay.
Gray whale, Eastern
North Pacific.
Northern fur seal,
North Pacific.
AK Metlakatla/Annette 60............... None documented.
Island salmon drift
gillnet.
[[Page 28662]]
WA Puget Sound Region 900.............. Harbor porpoise,
salmon drift gillnet inland WA.
fishery (includes all Dall's porpoise, CA/
inland waters south of OR/WA.
U.S.-Canada border and Harbor seal, WA
eastward of the Bonilla- inland.
Tatoosh line--Treaty
Indian fishing is
excluded).
Purse seine fisheries:
CA anchovy, mackerel, tuna 150.............. Bottlenose dolphin,
purse seine. CA/OR/WA offshore.
California sea lion,
U.S.
Harbor seal, CA.
CA squid purse seine...... 65............... Pilot whales, short-
finned, CA/OR/WA.
AK Southeast salmon purse 373.............. Humpback whale,
seine. central North
Pacific.* +
Trawl fisheries:
AK pair trawl............. 2................ None documented.
Longline fisheries:
OR swordfish floating 2................ None documented.
longline fishery.
OR blue shark floating 1................ None documented.
longline fishery.
Category III:
Gillnet fisheries:
AK Prince William Sound 22............... Steller sea lion,
set gillnet. Western U.S.* +
Harbor seal, GOA.*
AK Kuskokwim, Yukon, 1,690............ None documented.
Norton Sound, Kotzebue
salmon gillnet.
AK roe herring and food/ 16............... None documented.
bait herring gillnet.
WA, OR herring, smelt, 913.............. None documented.
shad, sturgeon, bottom
fish, mullet, perch,
rockfish gillnet.
WA Willapa Bay drift 82............... Harbor seal, OR/WA
gillnet. coast.
Northern elephant
seal, CA breeding.
WA Grays Harbor salmon 24............... Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty Tribal fishing).
WA, OR lower Columbia 110.............. California sea lion,
River (includes U.S.
tributaries) drift Harbor seal, OR/WA
gillnet. coast.
CA set and drift gillnet 341.............. None documented.
fisheries that use a
stretched mesh size of
3.5 in or less.
AK miscellaneous finfish 9................ Steller sea lion,
set gillnet. Western U.S.* +
Hawaii gillnet............ 115.............. Bottlenose dolphin,
Hawaiian.
Spinner dolphin,
Hawaiian.
Purse seine, beach seine,
round haul and throw net
fisherie:
AK salmon purse seine 763.............. Harbor seal, GOA.*
(except Southeast Alaska,
which is in Category II).
AK salmon beach seine..... 8................ None documented.
AK roe herring and food/ 480.............. None documented.
bait herring purse seine.
AK roe herring and food/ 7................ None documented.
bait herring beach seine.
AK Metlakatla purse seine. 10............... None documented.
AK octopus/squid purse 6................ None documented.
seine.
CA herring purse seine.... 100.............. Bottlenose dolphin,
CA coastal.
California sea lion,
U.S.
Harbor seal, CA.
CA sardine purse seine.... 120.............. None documented.
CA squid purse seine...... 145.............. California sea lion,
U.S.
AK miscellaneous finfish 7................ None documented.
purse seine.
AK miscellaneous finfish 1................ None documented.
beach seine.
WA salmon purse seine..... 440.............. None documented.
WA salmon reef net........ 53............... None documented.
WA, OR herring, smelt, 130.............. None documented.
squid purse seine or
lampara.
WA (all species) beach 235.............. None documented.
seine or drag seine.
HI purse seine............ 18............... None documented.
HI opelu/akule net........ 16............... None documented.
HI throw net, cast net.... 47............... None documented.
Dip net fisheries:
WA, OR smelt, herring dip 119.............. None documented.
net.
CA squid dip net.......... 115.............. None documented.
Marine aquaculture fisheries:
WA, OR salmon net pens.... 21............... California sea lion,
U.S.
CA salmon enhancement >1............... None documented.
rearing pen.
OR salmon ranch........... 1................ None documented.
Troll fisheries:
AK salmon troll........... 1,278............ Steller sea lion,
Eastern U.S.*+
CA/OR/WA salmon troll..... 4,300............ None documented.
[[Page 28663]]
AK north Pacific halibut, 1,354............ None documented.
AK bottom fish, WA, OR,
CA albacore, groundfish,
bottom fish, CA halibut
non-salmonid troll
fisheries.
HI trolling, rod and reel. 1,795............ None documented.
Guam tuna troll........... 50............... None documented.
Commonwealth of the 50............... None documented.
Northern Mariana Islands
tuna troll.
American Samoa tuna troll. <50.............. None documented.
HI net unclassified....... 106.............. None documented.
Longline/set line fisheries:
AK state waters sablefish 240.............. None documented.
long line/set line.
Miscellaneous finfish/ 1,220............ Harbor seal, GOA.*
groundfish longline/set Harbor seal, Bering
line. Sea.
Northern elephant
seal, CA breeding.
Dall's porpoise, AK.
Steller sea lion,
Western U.S.
Harbor seal,
Southeast AK.
HI swordfish, tuna, 140.............. Hawaiian monk seal,
billfish, mahi mahi, HI.*+
wahoo, oceanic sharks Humpback whale,
longline/set line. Central North
Pacific.*+
Risso's dolphin,
Hawaiian.
Bottlenose dolphin,
Hawaiian.
WA, OR North Pacific 350.............. None documented.
halibut longline/set line.
AK southern Bering Sea, 226.............. Northern elephant
Aleutian Islands, and seal, CA breeding.
Western Gulf of Alaska Killer whale,
sablefish longline/set resident.
line (federally regulated Killer whale,
waters). transient.
Steller sea lion,
western U.S.
Pacific white-sided
dolphin, central
North Pacific.
AK halibut longline/set 2,396............ Steller sea lion,
line (state and Federal Western U.S.*+
waters).
WA, OR, CA groundfish, 367.............. None documented.
bottomfish longline/set
line.
AK octopus/squid longline. 2................ None documented.
CA shark/bonito longline/ 10............... None documented.
set line.
Trawl fisheries:
WA, OR, CA shrimp trawl... 300.............. None documented.
AK shrimp otter trawl and 48............... None documented.
beam trawl (statewide and
Cook Inlet).
AK Gulf of Alaska 209.............. Steller sea lion,
groundfish trawl. Western U.S.*+
Northern fur seal,
North Pacific.*
Harbor seal, GOA.*
Dall's porpoise, AK.
Northern elephant
seal, CA breeding.
AK Bering Sea and Aleutian 186.............. Steller sea lion,
Islands groundfish trawl. Western U.S.*+
Northern fur seal,
North Pacific.*
Killer whale,
resident.
Killer whale,
transient.
Pacific white-sided
dolphin, central
North Pacific.
Harbor porpoise,
Bering Sea.
Harbor seal, Bering
Sea.
Harbor seal, GOA.*
Bearded seal, AK.
Ringed seal, AK.
Dall's porpoise, AK.
Ribbon seal, AK.
Northern elephant
seal, CA breeding.
Northern (Alaska) sea
otter, Pacific.
Walrus, Pacific.
AK state-managed waters of 8................ None documented.
Cook Inlet, Kachemak Bay,
Prince William Sound,
Southeast AK groundfish
trawl.
AK miscellaneous finfish 391.............. None documented.
otter or beam trawl.
AK food/bait herring trawl 3................ None documented.
WA, OR, CA groundfish 585.............. Steller sea lion,
trawl. Western U.S.*+
Northern fur seal,
North Pacific.*
Pacific white-sided
dolphin, central
North Pacific.
Dall's porpoise, CA/
OR/WA.
California sea lion,
U.S.
Harbor seal, OR/WA
coast.
Pot, ring net, and trap
fisheries:
AK crustacean pot......... 1,511............ None documented.
[[Page 28664]]
AK Bering Sea, GOA finfish 486.............. Harbor seal, GOA.*
pot. Harbor seal, Bering
Sea.
Northern (AK) sea
otter, Pacific.
WA, OR, CA sablefish pot.. 176.............. None documented.
WA, OR, CA crab pot....... 1,478............ None documented.
WA, OR shrimp pot & trap.. 254.............. None documented.
CA lobster, prawn, shrimp, 608.............. None documented.
rock crab, fish pot.
OR, CA hagfish pot or trap 25............... None documented.
HI lobster trap........... 15............... Hawaiian monk seal,
HI.*+
HI crab trap.............. 22............... None documented.
HI fish trap.............. 19............... None documented.
HI shrimp trap............ 5................ None documented.
Handline and jig fisheries: ................. .....................
AK North Pacific halibut 119.............. None documented.
handline and mechanical
jig.
AK other finfish handline 598.............. None documented.
and mechanical jig.
AK octopus/squid handline. 2................ None documented.
WA groundfish, bottomfish 679.............. None documented.
jig.
HI aku boat, pole and line 54............... None documented.
HI inshore handline....... 650.............. Bottlenose dolphin,
HI.
HI deep sea bottomfish.... 434.............. Hawaiian monk seal,
HI.*+
HI tuna................... 144.............. Rough-toothed
dolphin, HI.
Bottlenose dolphin,
HI.
Hawaiian monk seal,
HI.*+
Guam bottomfish........... < 50............. None documented.
Commonwealth of the <50.............. None documented.
Northern Mariana Islands
bottomfish.
American Samoa bottomfish. <50.............. None documented.
Harpoon fisheries: ................. .....................
CA swordfish harpoon...... 228.............. None documented.
Pound net/weir fisheries:
AK Southeast Alaska 4................ None documented.
herring food/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.. 106.............. None documented.
Dive, hand/mechanical
collection fisheries:
AK abalone................ 44............... None documented.
AK dungeness crab......... 2................ None documented.
AK herring spawn-on-kelp.. 314.............. None documented.
AK urchin and other fish/ 17............... None documented.
shellfish.
AK clam hand shovel....... 53............... None documented.
AK clam mechanical/ 104.............. None documented.
hydraulic fishery.
WA herring spawn-on-kelp.. 4................ None documented.
WA/OR sea urchin, other 637.............. None documented.
clam, octopus, oyster,
sea cucumber, scallop,
ghost shrimp hand, dive,
or mechanical collection.
CA abalone................ 111.............. None documented.
CA sea urchin............. 583.............. None documented.
HI squiding, spear........ 267.............. None documented.
HI lobster diving......... 6................ None documented.
HI coral diving........... 2................ None documented.
HI handpick............... 135.............. None documented.
WA shellfish aquaculture. 684.............. None documented.
WA, CA kelp............... 4................ None documented.
HI fish pond.............. 10............... None documented.
Commercial passenger fishing
vessel (charter boat)
fisheries:
AK, WA, OR, CA commercial >17,000 (16,276 None documented.
passenger fishing vessel. AK only).
AK octopus/squid ``other'' 19............... None documented.
HI ``other''.............. 114.............. None documented.
Live finfish/shellfish
fisheries:
CA finfish and shellfish 93............... None documented.
live trap/hook-and-line.
------------------------------------------------------------------------
* Marine mammal stock is strategic.
+ Stock is listed as threatened or endangered under the ESA, or as
depleted under the MMPA, or is proposed to be listed as strategic in
the draft SARs for 1996.
[[Page 28665]]
List of Abbreviations Used in Table 1
AK--Alaska
CA--California
HI--Hawaii
GOA--Gulf of Alaska
OR--Oregon
WA--Washington
Table 2.--List of Fisheries
[Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean]
------------------------------------------------------------------------
Estimated number Marine mammal species/
Description of fishery of vessels/ stocks incidentally
persons injured/killed
------------------------------------------------------------------------
Category I:
Gillnet fisheries:
Atlantic Ocean, Caribbean, 15............... North Atlantic right
Gulf of Mexico large whale, WNA.*+
pelagics drift gillnet. Humpback whale,
WNA.*+
Sperm whale, WNA.*+
Dwarf sperm whale,
WNA.*
Pygmy sperm whale,
WNA.*
Cuvier's beaked
whale, WNA.*
True's beaked whale,
WNA.*
Gervais' beaked
whale, WNA.*
Blainville's beaked
whale, WNA.*
Risso's dolphin, WNA.
Long-finned pilot
whale, WNA.*
Short-finned pilot
whale, WNA.*
White-sided dolphin,
WNA.
Common dolphin, WNA.*
Atlantic spotted
dolphin, WNA.*
Pantropical spotted
dolphin, WNA.*
Striped dolphin, WNA.
Spinner dolphin, WNA.
Bottlenose dolphin,
WNA offshore.*
Harbor porpoise, GME/
BF.*
Northeast multispecies 341.............. North Atlantic right
sink gillnet (including whale, WNA.*+
species as defined in the Humpback whale,
Multispecies Fisheries WNA.*+
Management Plan and spiny Minke whale, Canadian
dogfish and monkfish). east coast.
Killer whale, WNA.
White-sided dolphin,
WNA.
Striped dolphin, WNA.
Bottlenose dolphin,
WNA offshore.
Harbor porpoise, GME/
BF.*
Harbor seal, WNA.
Gray seal, Northwest
North Atlantic.
Common dolphin.
Fin whale.
Spotted dolphin.
False killer whale.
Harp seal.
Longline fisheries:
Atlantic Ocean, Caribbean, 361.............. Humpback whale,
Gulf of Mexico large WNA.*+
pelagics 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--lobster:
Gulf of Maine, U.S. mid- 13,000........... North Atlantic right
Atlantic lobster trap/pot. whale, WNA.*+
Humpback whale,
WNA.*+
Fin whale, WNA.*
Minke whale, Canadian
east coast.
White-sided dolphin,
WNA.
Harbor seal, WNA.
[[Page 28666]]
Category II:
Gillnet fisheries:
U.S. mid-Atlantic coastal >655............. Humpback whale,
gillnet fishery. WNA.*+
Minke whale, Canadian
east coast.
Bottlenose dolphin,
WNA offshore.*
Bottlenose dolphin,
WNA coastal.*+
Harbor porpoise, GME/
BF.*
Gulf of Maine small 133.............. Humpback whale,
pelagics surface gillnet. WNA.*+
White-sided dolphin,
WNA.
Harbor seal, WNA.
Southeastern U.S. Atlantic 10............... Bottlenose dolphin,
shark gillnet fishery. WNA coastal.*
North Atlantic right
whale, WNA.*+
Trawl fisheries:
Atlantic squid, mackerel, 620.............. Common dolphin, WNA.*
butterfish trawl. Risso's dolphin,
WNA.*
Long-finned pilot
whale, WNA.*
Short-finned pilot
whale, WNA.*
White-sided dolphin,
WNA.
Haul seine fisheries:
North Carolina haul seine. unknown.......... Bottlenose dolphin,
WNA coastal.*
Harbor porpoise, GME/
BF.*
Stop net fisheries:
North Carolina roe mullet 13............... Bottlenose dolphin,
stop net. WNA coastal.*
Category III:
Gillnet fisheries:
Rhode Island, southern 32............... Humpback whale,
Massachusetts (to Monomoy WNA.*+
Island), and New York Bottlenose dolphin,
Bight (Raritan and Lower WNA coastal.*+
New York Bays) inshore Harbor porpoise, GME/
gillnet. BF.*
Long Island Sound inshore 20............... Humpback whale,
gillnet. WNA.*+
Bottlenose dolphin,
WNA coastal.*+
Harbor porpoise, GME/
BF.*
Delaware Bay inshore 60............... Humpback whale,
gillnet. WNA.*+
Bottlenose dolphin,
WNA coastal.*+
Harbor porpoise, GME/
BF.*
Chesapeake Bay inshore 45............... None documented.
gillnet.
North Carolina inshore 94............... None documented.
gillnet.
Gulf of Mexico inshore Unknown.......... None documented.
gillnet (black drum,
sheepshead, weakfish,
mullet, spot, croaker).
Gulf of Maine, Southeast 1,285............ Minke whale, Canadian
U.S. Atlantic coastal east coast.
shad, sturgeon gillnet Harbor porpoise, GME/
(includes waters of North BF.*
Carolina). Bottlenose dolphin,
WNA coastal.*+
Gulf of Mexico coastal Unknown.......... Bottlenose dolphin,
gillnet (includes mullet Western GMX coastal.
gillnet fishery in LA and Bottlenose dolphin,
MS). Northern GMX
coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin,
GMX Bay, Sound, &
Estuarine.*
Southeastern U.S. Atlantic Unknown.......... Bottlenose dolphin,
coastal gillnet. WNA coastal.*+
Florida east coast, Gulf 271.............. Bottlenose dolphin,
of Mexico pelagics king Western GMX coastal.
and Spanish mackerel Bottlenose dolphin,
gillnet. Northern GMX
coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin,
GMX Bay, Sound, &
Estuarine.*
Trawl fisheries:
North Atlantic bottom 1,052............ Long-finned pilot
trawl. whale, WNA.*
Short-finned pilot
whale, WNA.*
White-sided dolphin,
WNA.
Striped dolphin, WNA.
Bottlenose dolphin,
WNA offshore.*
Mid-Atlantic, Southeastern >18,000.......... Bottlenose dolphin,
U.S. Atlantic, Gulf of WNA coastal.*+
Mexico shrimp trawl.
Gulf of Maine northern 320.............. None documented.
shrimp trawl.
Gulf of Maine, Mid- 215.............. None documented.
Atlantic sea scallop
trawl.
Gulf of Maine, Southern 5................ None documented.
North Atlantic, Gulf of
Mexico coastal herring
trawl.
Mid-Atlantic mixed species >1,000........... None documented.
trawl.
Gulf of Mexico butterfish 2................ Atlantic spotted
trawl. dolphin, Northern
GMX.
Pantropical spotted
dolphin, Northern
GMX.
Georgia, South Carolina, 25............... None documented.
Maryland whelk trawl.
Calico scallops trawl..... 200.............. None documented.
Bluefish, croaker, 550.............. None documented.
flounder trawl.
[[Page 28667]]
Crab trawl................ 400.............. None documented.
U.S. Atlantic monkfish Unknown.......... Common dolphins,
trawl. WNA.*
Marine aquaculture fisheries:
Finfish aquaculture....... 48............... Harbor seals, WNA.
Shellfish aquaculture..... Unknown.......... None documented.
Purse seine fisheries:
Gulf of Maine Atlantic 30............... Harbor porpoise, GME/
herring purse seine. BF.*
Harbor seal, WNA.
Gray seal, Northwest
North Atlantic.
Mid-Atlantic menhaden 22............... Bottlenose dolphin,
purse seine. WNA coastal.*+
Gulf of Maine menhaden 50............... None documented.
purse seine.
Gulf of Mexico menhaden 50............... Bottlenose dolphin,
purse seine. Northern GMX
coastal.
Florida west coast sardine 10............... Bottlenose dolphin,
purse seine. Eastern GMX coastal.
U.S. Atlantic tuna purse Unknown.......... None documented.
seine.
U.S. mid-Atlantic hand > 250............ None documented.
seine.
Longline/hook-and-line
fisheries:
Gulf of Maine tub trawl 46............... Harbor seal, WNA.
groundfish bottom Gray seal, Northwest
longline/hook-and-line. North Atlantic.
Southeastern U.S. 3,800............ None documented.
Atlantic, Gulf of Mexico
snapper-grouper and other
reef fish bottom longline/
hook-and-line.
Southeastern U.S. 124.............. None documented.
Atlantic, Gulf of Mexico
shark bottom longline/
hook-and-line.
Gulf of Maine, U.S. mid- 26,223........... None documented.
Atlantic tuna, shark
swordfish hook-and-line/
harpoon.
Southeastern U.S. 1,446............ None documented.
Atlantic, Gulf of Mexico
& U.S. mid-Atlantic
pelagic hook-and-line/
harpoon.
Trap/pot fisheries--lobster
and crab:
Gulf of Maine, U.S. mid- 100.............. North Atlantic right
Atlantic mixed species whale, WNA.*+
trap/pot. Humpback whale,
WNA.*+
Minke whale, Canadian
east coast.
Harbor porpoise, GME/
BF.*
Harbor seal, WNA.
Gray seal, Northwest
North Atlantic.
U.S. mid-Atlantic and 30............... None documented.
Southeast U.S. Atlantic
black sea bass trap/pot.
U.S. mid-Atlantic eel trap/ >700............. None documented.
pot.
Atlantic Ocean, Gulf of 20,500........... Bottlenose dolphin,
Mexico blue crab trap/pot. WNA coastal.*
Bottlenose dolphin,
Western GMX coastal.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin,
GMX Bay, Sound, &
Estuarine.*
West Indian manatee,
FL.*+
Southeastern U.S. 750.............. West Indian manatee,
Atlantic, Gulf of Mexico, FL.*+
Caribbean spiny lobster
trap/pot.
Stop seine/weir/pound
fisheries:
Gulf of Maine herring and 50............... North Atlantic right
Atlantic mackerel stop whale, WNA.*
seine/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 mixed 500.............. None documented.
species stop/seine/weir
(except the North
Carolina roe mullet stop
net).
U.S. mid-Atlantic crab 2,600............ None documented.
stop seine/weir.
Dredge fisheries:
Gulf of Maine, U.S. mid- 233.............. None documented.
Atlantic sea scallop
dredge.
U.S. mid-Atlantic offshore 100.............. None documented.
surfclam and quahog
dredge.
Gulf of Maine mussel...... > 50............. None documented.
U.S. mid-Atlantic/Gulf of 7,000............ None documented.
Mexico oyster.
Haul seine fisheries:
Southeastern U.S. 150.............. None documented.
Atlantic, Caribbean haul
seine.
Beach seine fisheries:
Caribbean beach seine..... 15............... West Indian manatee,
FL.+
Dive, hand/mechanical
collection fisheries:
Gulf of Maine urchin dive, > 50............. None documented.
hand/mechanical
collection.
Atlantic Ocean, Gulf of 20,000........... None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
[[Page 28668]]
Commercial passenger fishing
vessel (charter boat)
fisheries:
Atlantic Ocean, Gulf of 4,000............ None documented.
Mexico, Caribbean
commercial passenger
fishing vessel.
------------------------------------------------------------------------
* Marine mammal stock is strategic
+ Stock is listed as threatened or endangered under the ESA, or as
depleted under the MMPA, or is proposed to be listed as strategic in
the draft SARs for 1996.
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 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 LOF for 1998, if
adopted would not have a signficant economic impact on a substantial
number of small entities as follows:
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 14,000 fishers are registered. Registration of 12,400
fishers has been coordinated with existing state or Federal
registration programs, so only approximately 1,600 fishers must
register separately under this program. This proposed rule, if
adopted, would not require the registration of additional fishers.
The application fee, with respect to expected revenues, is not
considered significant because it represents under 0.01 percent of
the total revenue. As a result, a regulatory flexibility analysis
was not prepared.
This action proposes changes to the current List of Fisheries
and reflects new information on commercial fisheries, marine mammals
and interactions between commercial fisheries and marine mammals.
This proposed list informs the public which U.S. commercial
fisheries may be required in 1998 to comply with certain parts of
the MMPA including requirements to register for Authorization
Certificates.
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.
The collection of information required for reporting of marine
mammal injuries or mortalities to NMFS and for registration of fishers
under the MMPA has been approved by the Office of Management and Budget
(OMB) under OMB control numbers 0648-0292 (0.15 hours per report) and
0648-0293 (0.25 hours per registration). Those burdens are not expected
to change significantly if this proposed rule is adopted and may
actually decrease if additional registration system are integrated with
existing programs. 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.
Dated: May 20, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-13818 Filed 5-23-97; 8:45 am]
BILLING CODE 3510-22-P