[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