[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Rules and Regulations]
[Pages 5748-5762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2749]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 970515117-8020-02; I.D. 050797D]
RIN 0648-AJ85
Final List of Fisheries for 1998
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In accordance with the Marine Mammal Protection Act of 1972,
as amended (MMPA), NMFS publishes its final List of Fisheries (LOF) for
1998. The LOF classifies fisheries as Category I, II, or III, based on
their levels of incidental mortalities and serious injuries of marine
mammals. The LOF informs the public of the level of interactions with
marine mammals in various U.S. commercial fisheries and of fisheries'
requirements under certain MMPA provisions, to register for
Authorization Certificates or carry fishery observers.
DATES: The changes to the List of Fisheries for 1998 are effective on
February 4, 1998.
ADDRESSES: Information and registration materials for the region in
which a fishery occurs and reporting forms may be obtained from the
following addresses:
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-2298,
Attn: Sandra Arvilla; NMFS, Southeast Region, 9721 Executive Center
Drive North, St. Petersburg, FL 33702, Attn: Joyce Mochrie;
NMFS, Southwest Region, Protected Species Management Division, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Don Peterson;
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Permits Office; NMFS, Alaska Region, Protected Resources, P.O.
Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Ursula
Jorgensen.
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to
Chief, Marine Mammal Division, Office of Protected Resources, 1315
East-West Hwy, Silver Spring, MD 20910 and to the Office of Information
and Regulatory Affairs, OMB, Attention: NOAA Desk Officer, Washington,
D.C. 20503.
FOR FURTHER INFORMATION CONTACT: Cathy Eisele, Office of Protected
Resources, 301-713-2322; Kim Thounhurst, Northeast Region, 508-281-
9138; Kathy Wang, Southeast Region, 813-570-5312; Irma Lagomarsino,
Southwest Region, 562-980-4016; Brent Norberg, Northwest Region, 206-
526-6733; Steven Zimmerman, Alaska Region, 907-586-7235.
SUPPLEMENTARY INFORMATION: Publication of the LOF, which places all
U.S. commercial fisheries into one of the three categories based on
their levels of incidental mortality and serious injury of marine
mammals, is required by section 118 of the MMPA. The proposed LOF for
1998 was published on May 27, 1997 (62 FR 28657). The fishery
classification criteria are specified in the implementing regulations
for section 118 of the MMPA (50 CFR part 229, see also a discussion of
these criteria at 60 FR 45086, August 30, 1995).
Registration Requirements for Vessels Participating in Category I
and II Fisheries
Vessel or gear owners participating in Category I or II fisheries
must register under the MMPA, as required by 50 CFR 229.4. Registration
under the MMPA is administered by NMFS regional offices. Thus, the
procedures and fees associated with registration differ between
Regions. Under 50 CFR 229.4, the granting and administration of Marine
Mammal Authorization Program (MMAP) certificates are to be integrated
and coordinated with existing state and Federal fishery license,
registration, or permit systems and related programs, whenever
possible. Alternative registration programs have been implemented in
the Alaska Region, Northwest Region, and Northeast Region. Special
procedures and instructions for registration in these Regions are set
forth below.
For fisheries in which the granting and administration of
authorizations have not been integrated with state licensing,
registration, or permitting systems, owners of vessels or gear must
register with the NMFS Region in which their fishery operates. NMFS
Regional Offices annually send renewal packets to participants in
Category I or II fisheries that have previously registered with NMFS;
however, it is the responsibility of fishers to ensure that
registration or renewal forms are submitted to NMFS at least 30 days in
advance of fishing. If fishers have not received a renewal packet by
January 1, or are registering for the first time, requests for
registration forms should be sent to the appropriate NMFS Regional
Offices listed in this notice under ADDRESSES.
Registrants must return the registration form and a $25 fee to the
NMFS Regional Office in which their fishery operates. NMFS will send
the vessel owner an Authorization Certificate, a program decal, and
reporting forms within 30 days of receiving the registration or renewal
form and application fee.
[[Page 5749]]
Region-Specific Registration Requirements for Category I and II
Fisheries
These registration procedures were outlined in the 1997 LOF (62 FR
33, January 2, 1997) and are clarified here to provide further guidance
for registration in the Alaska, Northwest, and Northeast Regions.
Alaska Region MMAP Registration for 1998
The Alaska Region has integrated MMAP registration for Alaska
Category II fisheries with the Alaska State system for registering
commercial vessels and permitting commercial fishers. The information
required for MMAP registration will be obtained by NMFS directly from
the State of Alaska and will be automatically incorporated into the
NMFS MMAP database. At the beginning of each calendar year, permitted
vessel owners and set net operators will be sent an MMAP certificate
for that year, an MMAP decal, the terms and conditions of the
authorization, and marine mammal injury and mortality reporting forms.
MMAP certificates will be valid only if presented with a valid fishing
permit.
This integration process is in effect for all Category II Alaska
fisheries. If a vessel owner plans to participate in one or more of the
Category II fisheries and is licensed under the State of Alaska's
Commercial Fisheries Entry Program, the vessel owner will be registered
automatically in the MMAP and will not have to submit MMAP
registration, or renewal materials, or a processing fee.
Northwest Region MMAP Registration for 1998
In the Northwest Region, the States of Washington and Oregon have
agreed to continue issuing MMAP certificates for Category I and II
fishers as part of the fishing license renewal process. MMAP
certificates will be valid only if presented with a valid fishing
permit. This integration process is in effect for all WA and OR
Category II fisheries. If a vessel owner plans to participate in one or
more of the Category II fisheries and has a license issued by the State
of Oregon or Washington, the vessel owner will be registered
automatically in the MMAP and will not have to submit MMAP
registration, or renewal materials, or a processing fee.
Northeast Region MMAP Registration for 1998
The Northeast Region has integrated MMAP registration with Federal
and/or state permit processes for the following fisheries: Gulf of
Maine, U.S. mid-Atlantic lobster fishery; Atlantic squid, mackerel,
butterfish trawl fishery; and the New England multispecies sink gillnet
fishery (including, but not limited to, species as defined in the
Northeast Multispecies Fishery Management Plan, dogfish, and monkfish).
The Category I sink gillnet fishery includes regulated and non-
regulated fisheries. Participants in the federally regulated segment
will be registerd in the MMAP automatically through integration with
the Federal permit process. Fishers who do not hold a Federal
multispecies sink gillnet permit and who fish with sink gillnet in
state waters and/or for non-regulated species (dogfish and monkfish)
are required to submit an MMAP registration form and processing fee to
NMFS.
Federally permitted participants in the squid, mackerel, butterfish
trawl fishery will be registered in the MMAP automatically through
integration with the Federal permit process. Fishers who do not hold a
Federal squid, mackerel, butterfish trawl permit and who trawl for
those species are required to submit an MMAP registration form and
processing fee to NMFS.
State and federally permitted participants in the lobster trap/pot
fishery will be registered in the MMAP automatically through
integration with other permit processes.
For all participants in fisheries for which NMFS has integrated
registration with permit processes, the vessel owner will be registered
automatically in the MMAP and will not have to submit MMAP
registration, or renewal materials, or a processing fee. At the
beginning of each calendar year, these vessel owners will be sent an
MMAP certificate for that year, the terms and conditions of the
authorization, and marine mammal and injury reporting forms. MMAP
certificates will be valid only if presented with a valid state or
Federal fishing permit.
All fishers who plan to participate in any other Category I and II
fisheries in the Northeast Region must register under the MMAP by
submitting a registration or renewal form and the processing fee to
NMFS.
General Requirements
Vessel owners or operators or fishers (in the case of non-vessel
fisheries) in Category I, II, or III fisheries must comply with 50 CFR
229.6 and report all incidental mortality and injury of marine mammals
during the course of commercial fishing operations to NMFS
Headquarters. Instructions for submission of reports are found at 50
CFR 229.6.
Fishers participating in Category I and II fisheries may be
required, upon request, to accommodate an observer aboard their
vessels. Observer requirements may be found at 50 CFR 229.7.
Responses to Comments
NMFS received four letters of comment on the proposed LOF for 1998,
which raised several points of concern. These issues and concerns are
summarized and responded to as follows:
General Comments
Comment 1: How is a gillnet fishery down-listed? What specific
levels of observer coverage for individual fisheries are considered
enough?
Response: A fishery is down-listed when the annual mortality and
serious injury estimate decreases to the level defined for the lower
category. For example, a Category I fishery is defined as having an
annual mortality and serious injury of any marine mammal stock that is
greater than or equal to 50 percent of the Potential Biological Removal
(PBR) level. Generally, a fishery is considered a Category II fishery
if the annual mortality and serious injury of a stock in that fishery
is greater than 1 percent and less than 50 percent of the PBR level.
Thus, a Category I fishery will be down listed to Category II when the
annual mortality and serious injury decreases to below 50 percent of
the PBR level.
The level of observer coverage is indirectly related to the
categorization of a particular fishery. Higher levels of observer
coverage increase the confidence associated with mortality estimates.
Lower levels of observer coverage may result in lower confidence levels
and higher coefficients of variation (CVs) associated with mortality
estimates. NMFS' guidelines for calculating PBR levels state that, if
CVs are high, recovery factors can be adjusted downward for threatened
and depleted stocks or stocks of unknown status (Wade and Angliss,
1997). Lower recovery factors may slightly decrease PBR values, which
could affect the categorization of fisheries; however, the largest
potential decrease in a recovery factor would be from 0.50 to 0.40,
which would result in a relatively small decrease in the PBR level
(approximately 20 percent). The likelihood that a small decrease in the
PBR level would change the categorization of a fishery is remote.
The level of observer coverage is based on a desired CV that is
needed for a particular estimate. For example, if the objective of
sampling is to estimate total
[[Page 5750]]
harbor porpoise mortality, the quantity of sampling will be adjusted to
attain a certain CV for the harbor porpoise mortality estimate. The CV
of the bycatch estimate consists of two components: the CV of the
harbor porpoise bycatch rate and the total fishing effort. These two
components determine the CV of the total estimate and, therefore, are
used in developing a sampling schedule.
Comments on Fisheries in the Southwest Region
Comments on the California Squid Seine Fishery
Comment 2: Technical changes that have occurred in the CA squid
seine fishery since 1986 have greatly reduced the likelihood of
incidental takes of marine mammals. Additionally, past mortalities of
pilot whales and Risso's dolphins that have been attributed to this
fishery are likely to have been incidences of intentional killing of
marine mammals rather than of incidental takes. Before an observer
program is considered for this recently recategorized Category II
fishery, additional enforcement measures should be undertaken, in
conjunction with fishery workshops, to ensure that fishers understand
and comply with regulations regarding takings of marine mammals.
Response: In 1997, the California squid purse seine fishery was
reclassified from Category III to Category II. This reclassification
was based on the recent increase in squid purse seine fishing effort in
California, the presence of pilot whales in the fishing areas, and
historical evidence of serious injury and mortality of pilot whales in
the fishery.
Under section 118 of the MMPA, NMFS has authority to place
observers on any vessel participating in a Category I or II fishery. At
this time, NMFS does not have the funding needed to support an observer
program for the California squid purse seine fishery. However, due to
the recent increase in fishing effort in the fishery, the California
State Legislature recently established a new management and research
program for the California squid purse seine fishery to regulate the
fishery more efficiently and to collect information on the biology and
status of market squid (Loligo opalescens). As part of this research
program, observers may be placed on purse seine vessels to collect
biological data. If the California Department of Fish and Game (CDFG)
establishes an observer program for the fishery, NMFS will work with it
to facilitate the collection of information on the fishery's
interactions with marine mammals, both incidental and intentional.
The Southwest Region, NMFS, Office of Law Enforcement currently
implements public outreach programs to educate fishers about Federal
laws, including the Magnuson-Stevenson Fishery Conservation and
Management Act, and the MMPA. These efforts include providing fishers
with public outreach materials and speaking to them at the docks. NMFS
will continue to investigate reports of MMPA violations in the
California squid purse seine fishery (e.g., illegal shootings) and, if
necessary, to better enforce the MMPA. NMFS will explore the
possibility of conducting fishers education workshops.
Comments on the California/Oregon Shark/Swordfish Drift Gillnet Fishery
Comment 3: The California/Oregon shark/swordfish drift gillnet
fishery should be renamed the ``Pacific pelagic drift net fishery'' to
better describe both the type of gear employed and the variety of
species harvested in this fishery.
Response: The California/Oregon drift gillnet fishery originally
targeted common thresher shark. Swordfish and shortfin mako shark later
became commercially important components of the catch. Although
swordfish, common thresher shark, and mako shark represent
approximately 90 percent of the total catch by the fishery, other
species that are commonly caught and landed include opah, big-eye
thresher, louvar, barracuda, Pacific bonito, dolphinfish, mackerel,
sardines, white seabass, and tunas (Hanan, et al., 1993). NMFS agrees
that the nets deployed by the fishery do not capture the fish by the
gills, rather fish are captured by entanglement in the nets.
Nevertheless, the CDFG currently refers to the fishery as ``California
drift gill net fishery for thresher shark and swordfish'' and the
Oregon Department of Fish and Wildlife (ODFW) refers to the Oregon
portion of the fishery as the ``Oregon swordfish drift gill net
fishery.'' Although NMFS recently issued a rule that requires new
training, equipment, and gear modifications for operators and vessels
participating in the fishery (62 FR 51805, October 3, 1997), the CDFG
and the ODFW have the major responsibility for managing the fishery at
this time. For this reason, NMFS will continue to defer to the CDFG's
and the ODFW's designation of the fishery as the ``California/Oregon
drift gillnet fishery for thresher shark and swordfish.''
Comments on the California Shark and Bonito Longline Fishery
Comment 4: The commenter questioned the classification of the
California shark and bonito longline fishery as Category III because
longline gear is known to interact with marine mammals in other
fisheries.
Response: The California shark/bonito longline fishery is a very
small fishery, with less than 10 vessels currently operating. NMFS has
found no evidence of serious injuries or mortalities of marine mammals
associated with this fishery; thus, this fishery will remain in
Category III. However, because this longline fishery primarily targets
swordfish, and secondarily targets tunas and several other fish
species, NMFS is renaming this fishery the ``California offshore
longline'' fishery.
Comments on Fisheries in the Northwest Region
Oregon Swordfish Floating Longline and Oregon Blue Shark Floating
Longline Fisheries
Comment 5: The commenter questioned the classification of the
Oregon swordfish longline and blue shark longline fishery as Category
III because longline gear is known to interact with marine mammals in
other fisheries.
Response: The commenter is mistaken; the fisheries to which the
commenter refers are currently placed in Category II. The Oregon
swordfish/blue shark surface longline fishery, a Category II fishery,
was divided in 1997 into two separate Category II fisheries to parallel
more closely the State developmental fisheries licensing practices for
these fisheries. These fisheries were placed in Category II and renamed
the ``OR swordfish floating longline fishery'' and the ``OR blue shark
floating longline fishery.'' NMFS believes that the Oregon swordfish
floating longline fishery and the Oregon blue shark floating longline
fisheries should remain in Category II.
Other Comments on Fisheries in the Northwest Region
Comment 6: The commenter questioned the classification of the
Washington, Oregon, North Pacific halibut longline fishery and the
Washington, Oregon, California groundfish, bottomfish longline/set line
fishery as Category III because longlines are known to interact with
marine mammals in many areas.
Response: In recent years, there have been no marine mammal
mortalities or serious injuries documented for the Washington, Oregon,
North Pacific
[[Page 5751]]
halibut longline/set line fishery or for the Washington, Oregon,
California groundfish, bottomfish longline/set line fishery. For this
reason, these fisheries will remain Category III fisheries. If new
information becomes available on incidental takes of marine mammals in
this fishery, NMFS will examine the information and determine whether
their current classifications are appropriate.
Comments on Fisheries in the Alaska Region
Comment 7: The commenter questioned the classification of the
Alaska State waters sablefish longline/set line and the Alaska octopus/
squid longline fisheries as Category III fisheries because longlines
are known to interact with marine mammals in other areas.
Response: The Alaska State waters sablefish longline/set line
fishery was reclassified from Category II to Category III in the 1996
LOF (60 FR 67085, December 28, 1995) based on the prohibition of
intentional lethal takes of marine mammals. Based on Hill, et al.
(``Alaska Marine Mammal Stock Assessments, 1996,'' Appendix 3, 1997)
there were no reported mortalities or serious injuries of marine
mammals in either of these fisheries between 1990 and 1994; however,
these fisheries have never been observed. Additionally, there were no
reported mortalities and serious injuries in these fisheries from
logbook data collected between 1990 and 1993 or from stranding data
between 1990 and 1994.
At a recent meeting of the AK Scientific Review Group (SRG), the
SRG recommended that, in the absence of information, NMFS should not
assume that fishers are likely to not report or under-report incidental
mortalities of marine mammals in the course of commercial fishing
operations. The current information supports the placement of these
fisheries in Category III. NMFS will evaluate any new information that
becomes available on the rate of serious injury and mortality
incidental to these fisheries and will make changes to the LOF, as
appropriate.
Comment 8: The commenter expressed concern about the lack of
observer programs in Alaska and in other areas of the northwest and
believes that many of the Category II and Category III gillnet
fisheries are likely to have interactions that are greater than what is
being documented. There are several fisheries in Alaska that are stated
to have no documented interactions with marine mammals.
Response: NMFS agrees. A marine mammal observer program is needed
in Alaska to provide the data needed to classify fisheries and to
otherwise manage incidental takes of marine mammals. NMFS is in the
process of implementing an observer program to monitor incidental takes
of marine mammals by commercial fisheries in Alaskan nearshore waters.
This multi-year program will focus on Category II Alaskan fisheries.
Observers will be deployed in 8 of the 11 Category II fisheries in
Alaska over the next 5 years. The observed fisheries will include: AK
Cook Inlet salmon set gillnet, AK Cook Inlet drift gillnet, AK Yakutat
salmon set gillnet, AK Bristol Bay set driftnet, AK Bristol Bay drift
gillnet, AK Kodiak salmon set gillnet, Southeast AK salmon drift
gillnet, and the AK Southeast salmon purse seine fishery. Funding
limitations may delay the start date of this program until the summer
of 1999.
Comments on Fisheries in the Northeast and Southeast Regions
Comments on the U.S. Mid-Atlantic Coastal Gillnet Fishery
Comment 9: The commenter questioned how NMFS can justify placing
the mid-Atlantic gillnet fishery in Category II for bottlenose dolphin,
when the PBR level for the coastal bottlenose dolphin stock is unknown.
The commenter does not support the current calculated PBR level of 25
animals.
Response: The current PBR level for the Atlantic coastal bottlenose
dolphin is based on the best available information. This PBR level was
calculated based on survey results as described in the Atlantic Marine
Mammal Stock Assessment Report and was peer-reviewed by the Atlantic
Scientific Review Group, an external panel convened to advise NMFS on
its Stock Assessment Reports (SARs). Although it is true that the exact
stock structure for coastal bottlenose dolphins is unknown and, thus,
the PBR level is necessarily uncertain, a significant body of knowledge
regarding this stock structure is currently available and forms the
basis for the current PBR level.
NMFS has allocated funding in 1998 to expand observer coverage in
the mid-Atlantic coastal gillnet fishery and to support research aimed
at defining the stock structure and at generating better population
estimates for Atlantic coastal bottlenose dolphin. As new information
becomes available on this fishery and on the rate of serious injury and
mortality incidental to this fishery, NMFS will analyze this
information to determine whether it warrants reclassification of the
fishery.
Comment 10: The mid-Atlantic coastal gillnet fishery should not be
subdivided at this time. It would be difficult to divide this fishery
using the target species as the criterion because, in many of these
fisheries, the target species differs from the predominant catch. In
addition, data on marine mammal bycatch are so few that no
justification exists at the time for sub-dividing a fishery by whether
certain components seem more or less likely to interact with marine
mammals. These fisheries should remain combined until complete and
accurate data are collected on marine mammals bycatch levels and on the
individual fisheries in this region.
Response: NMFS agrees. The information currently available on the
composition and distribution of the Mid-Atlantic coastal gillnet
fishery and on its incidental take levels is insufficient to identify
distinct sub-components of this fishery.
NMFS has allocated funding in 1998 to expand its observer coverage
of this fishery and to obtain a better characterization of the
individual sub-components that comprise it.
Comment 11: Regarding the U.S. mid-Atlantic coastal gillnet
fishery, NMFS should, where feasible, separate the sink gillnet
fisheries according to their target species.
Response: See response to Comment 10.
Comments on the North Atlantic Bottom Trawl Fishery
Comment 12: Information presented at the serious injury and
mortality workshop regarding the North Atlantic bottom trawl fishery
documents interactions with marine mammals. Given the limited observer
coverage to date in this fishery and the inability of NMFS to put
observers aboard Category III vessels, this information supports
recategorizing this fishery from Category III to Category II, so that
additional information on marine mammal bycatch may be gathered.
Response: NMFS is evaluating the levels of marine mammal mortality
and serious injuries that occur incidentally to this fishery. This
fishery is difficult to characterize because it is not a homogeneous
fishery relative to target species, spatial/temporal fishing
operations, vessel fishing power and net size, and other factors.
There is currently a very low level of observer coverage in this
fishery (approximately 1 percent). Because the fishery is so diverse,
NMFS cannot assume that the likelihood of
[[Page 5752]]
encountering a marine mammal is similar in all areas where bottom trawl
fishing occurs (i.e., inshore vs. offshore; low relief vs. more complex
bottom topography). As a result, NMFS believes that it may be
inappropriate to extrapolate this limited observer data across the
entire fishery.
At this time, there are no clear trends in the current observer
data set that can be used to discern problem fishing areas and identify
sub-components of this fishery.
NMFS plans to conduct a thorough evaluation of marine mammal
bycatch and total effort in this fishery in order to determine whether
this fishery should be proposed for reclassification in 1999.
Comments on Category III Trap/Pot Fisheries in the Atlantic
Comment 13: The lobster pot fishery is a Category I fishery partly
because of its potential to entangle marine mammals in its buoy lines.
By analogy, all Category III trap/pot fisheries in the Atlantic should
be placed in Category I.
Response: NMFS considers classification by analogy, especially if
there is other information, such as a significant overlap in the
distribution of marine mammals and the geographic location of a
fishery, that provide evidence of a high probability of interactions
with marine mammals. In this case, the NMFS Southeast Regional Office
examined various pot/trap fisheries in waters of the southeastern U.S.
and found that the geographic distribution of these fisheries generally
precluded them from interacting with right whales. NMFS is continuing
to analyze various trap/pot gear and the locations where they are used
to determine whether the current classification is appropriate. If new
information becomes available on the potential for serious injury or
mortality of marine mammals in Atlantic trap/pot fisheries, NMFS will
evaluate this information and propose recategorization as appropriate.
Justification for the Categorization of Commercial Fisheries
The following are justifications for the final categorization of
commercial fisheries into Category I, II, or III based on the
classification scheme defined in the final rule implementing section
118 of the MMPA (60 FR 45086, August 30, 1995). Discussions are
presented for those fisheries specifically addressed in the proposed
LOF for 1998 (62 FR 28657, May 27, 1997) as well as one additional
fishery.
U.S. Mid-Atlantic Coastal Gillnet Fishery
The U.S. mid-Atlantic coastal gillnet fishery was classified in
Category II in the 1992 LOF (57 FR 20328, May 12, 1992), based on a
level of incidental mortality and serious injury of several species of
marine mammals, including mid-Atlantic coastal bottlenose dolphins,
harbor porpoise, and humpback whales. Since then, new information has
become available on the interactions of this fishery with harbor
porpoise and coastal bottlenose dolphin. NMFS has two sources of data
on the level of serious injury and mortality in this 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.
The Northeast Fisheries Science Center presented preliminary data
at a recent meeting of the Mid-Atlantic Take Reduction Team that
estimated that 192 harbor porpoise are killed annually in the observed
portion of the fishery (NMFS, unpublished data). Based on observer
data, the estimated serious injury and mortality of harbor porpoise in
this segment of the fishery is under 50 percent of the PBR level for
harbor porpoise, which is currently 483 animals; thus, the retention of
this fishery in Category II on the basis of harbor porpoise takes is
justified at this time based on extrapolations from currently available
observer data.
Between 1993 and early October 15, 1997, stranded bottlenose
dolphins from New Jersey to North Carolina were necropsied and examined
for signs of fishery interaction. Examination of these carcasses
indicated that an average of 17.6 bottlenose dolphins (86 total
animals) which stranded annually during this time period had
identifiable evidence of fishing interactions (NMFS, unpublished data).
Of these animals, net marks were found on an average of 12.51 animals
per year. The current PBR level for coastal bottlenose dolphin is 25
animals. A conservative interpretation of the stranding data suggests a
level of incidental mortality of almost exactly 50 percent of the PBR
level. Because this take level places this fishery on the borderline
between Category II and Category I and is based exclusively on
stranding data, a recategorization of this fishery from Category III to
Category II is not appropriate at this time. NMFS plans to conduct a
closer analysis of stranding data in the mid-Atlantic region and will
propose a recategorization of the mid-Atlantic coastal gillnet fishery
in 1999, if appropriate.
U.S. Mid-Atlantic Tuna Gillnet Fishery
In the proposed LOF for 1998, NMFS requested public comments on
whether a new drift gillnet fishery was operating in the U.S. mid-
Atlantic region, targeting primarily yellowfin and albacore tunas. NMFS
did not receive any comments providing new information on this fishery.
If a fishery is operating in the U.S. mid-Atlantic region targeting
yellowfin and albacore tunas, as well as bonito and little tunny, NMFS
believes that it is operating with similar mesh gear and in the same
relatively shallow waters as the Mid-Atlantic coastal gillnet fishery.
NMFS does not believe that this fishery operates in the same area or
with the same gear as the ``Atlantic Ocean, Caribbean, Gulf of Mexico
large pelagics drift gillnet'' fishery. Accordingly, NMFS believes that
this fishery should be considered part of the Mid-Atlantic coastal
gillnet fishery. The Mid-Atlantic coastal gillnet fishery, as described
in the 1997 LOF (62 FR 33, January 2, 1997), includes all gillnet
fishing in coastal waters (inside the 100 fathom curve) 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. Subsequently, this fishery would be subject to
any regulations that were developed for the Mid-Atlantic coastal
gillnet fishery, including those specified in both the Large Whale Take
Reduction Plan (62 FR 39157, July 22, 1997) and the Mid-Atlantic Take
Reduction Plan (a proposed Mid-Atlantic Take Reduction Plan is expected
to be published in February 1998).
NMFS will continue to collect information on the use of this gear
and to characterize this component of the Mid-Atlantic coastal gillnet
fishery with respect to geographic location, number of participants,
target species, gear type, and fishing methods.
Atlantic Pelagic Mid-water Herring Trawl Fishery
The current LOF includes a classification for the Gulf of Maine,
Southern North Atlantic, Gulf of Mexico coastal herring trawl fishery,
a Category III fishery. Based on information provided in association
with Framework Adjustment 18 to the Northeast Multispecies Fishery
Management Plan (FMP), NMFS believes that a further-offshore Atlantic
herring trawl fishery also exists. NMFS believes that this fishery is
comprised of approximately 35 vessels operating in the Gulf of Maine/
Northwest Atlantic. NMFS notes
[[Page 5753]]
that this pelagic mid-water trawl fishery utilizes different gear than
the coastal fishery and may be operating at time and in locations where
there is a high density of harbor porpoise.
This fishery utilizes gear that is similar to gear used in the
Atlantic squid, mackerel, butterfish trawl fishery, a Category II
fishery. Because of the similarities between these two fisheries, NMFS
anticipates that several of the vessels that operate in the pelagic
herring trawl fishery would be registered in the MMAP as participants
in the Atlantic squid, mackerel, butterfish trawl fishery. In addition,
NMFS believes that some herring trawl vessels may have permits to
operate in the Northeast multispecies sink gillnet fishery.
Because this herring trawl fishery uses similar gear to the
Atlantic squid, mackerel, butterfish trawl fishery (a Category II
fishery), and because of its potential to interact with harbor
porpoise, it should be considered a Category II fishery. However, in
order to provide sufficient opportunity for public notice and comment,
NMFS is not adding this fishery to the LOF at this time. NMFS plans to
propose a categorization for this fishery in the proposed 1999 LOF and
provide opportunity for public comment at that time.
Although this fishery is not being added to the LOF at this time,
NMFS will continue to have the authority to place observers on pelagic
herring trawl vessels under the Magnuson-Stevenson Fishery Conservation
and Management Act. NMFS will continue to evaluate observer data and
any new information that becomes available on the levels of serious
injury and mortality of marine mammals that are occurring incidental to
this fishery.
Summary of Changes to the LOF for 1998
With the following exceptions, the placement and definitions of
U.S. commercial fisheries are identical to those provided in the LOF
for 1997, and, thus, the majority of the LOF for 1997 remains valid in
1998. The following summarizes the changes in fishery definitions, the
number of participants in a particular fishery, the species that are
designated as strategic stocks, and the species and/or stocks that are
incidentally killed or seriously injured that are made final by this
LOF for 1998:
Fishery definition: The ``California shark/bonito longline''
fishery is renamed the ``California offshore longline'' fishery.
Changes Resulting From Final 1996 SARs
The table in the LOF that lists all U.S. commercial fisheries, the
number 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 in the final SARs which were
made available to the public on January 2, 1998 (63 FR 60):
The Western North Atlantic stock of offshore bottlenose dolphin was
designated as non-strategic.
The stock formerly known as the Alaska harbor porpoise was 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 designated as strategic.
Other Changes to the LOF
The number of participants in both the ``North Carolina haul
seine'' fishery and the southeastern ``U.S. Atlantic, Caribbean haul
seine'' fishery were updated in 1998 and changes are reflected in
Tables 1 and 2 of this document.
The Western North Atlantic stock of coastal bottlenose dolphin are
added to the list of species that incurs incidental injury or mortality
incidental to the ``Southeastern U.S. Atlantic, Gulf of Mexico,
Caribbean spiny lobster trap/pot'' fishery.
The Hawaiian stock of spinner dolphin and the Hawaiian stock of
short-finned pilot whale were added to the list of species that incurs
incidental injury or mortality incidental to the ``Hawaii swordfish,
tuna, billfish, mahi mahi, wahoo, oceanic, sharks longline/set line''
fishery.
The Southeast Alaska stock of harbor porpoise was added to the list
of species that incurs incidental injury or mortality to the ``Alaska
crustacean pot'' fishery.
In addition to these changes, there were several typographical
errors that have been corrected since the publication of the tables in
the 1998 proposed LOF. These corrections are reflected in Tables 1 and
2 of this final LOF.
List of Fisheries
The following two tables list the commercial fisheries of the
United States according to their assigned categories under section 118
of the MMPA. 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 in interactions with the fishery is
based on observer data, logbook data, stranding reports, and fishers'
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 (60 FR 45086, December 28, 1995).
References
Wade Paul R. and Robyn P. Angliss, ``Guidelines for Assessing Marine
Mammal Stocks: Report of the GAAMS Workshop April 3-5, 1996,''
Seattle, Washington, U.S. Dep. Commer., NOAA Tech. Memo. NMFS-OPR-
12,93p, 1997.
Hanan, D.A., D.B. Holts, and A.L. Coan, Jr., ``The California drift
gill net fishery for sharks and swordfish, 1981-82 through 1990-
91.'' California Department of Fish and Game. Fish Bulletin 175,
1993.
[[Page 5754]]
Table 1.--List of Fisheries
[Commercial Fisheries in the Pacific Ocean]
------------------------------------------------------------------------
Estimated
No. of Marine mammal species/
Fishery description vessels/ stocks incidentally
persons injured/killed
------------------------------------------------------------------------
Category I:
Gillnet fisheries:
CA angel shark/halibut and 58 Harbor porpoise, central
other species large mesh CA.
(>3.5in) set gillnet fishery. Common dolphin, short-
beaked, CA/OR/WA.
Common dolphin, long-
beaked CA.
California sea lion,
U.S.
Harbor seal, CA.
Northern elephant seal,
CA breeding.
CA/OR thresher shark/ 150 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 salmon 164 Northern fur seal, North
drift gillnet fishery. Pacific.
Harbor seal, GOA.
Harbor seal, Bering Sea.
Harbor porpoise, Bering
Sea.
Dall's porpoise, AK.
Northern (Alaska) sea
otter, Pacific.
AK Peninsula/ Aleutian Island 109 Steller sea lion,
salmon set gillnet. Western U.S.*+
Harbor porpoise, Bering
Sea.
Southeast Alaska salmon drift 452 Steller sea lion,
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 gillnet.. 577 Steller sea lion,
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 gillnet 147 Harbor seal, Southeast
AK.
AK Kodiak salmon set gillnet. 173 Harbor seal, GOA.*
Harbor porpoise, GOA.
[[Page 5755]]
AK Bristol Bay drift gillnet. 1,882. Steller sea lion,
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 Island 60 None documented.
salmon drift gillnet.
WA Puget Sound Region salmon 900 Harbor porpoise, inland
drift gillnet fishery WA.
(includes all inland waters Dall's porpoise, CA/OR/
south of US-Canada border WA.
and eastward of the Bonilla- Harbor seal, WA inland.
Tatoosh line--Treaty Indian
fishing is excluded).
Purse seine fisheries:
CA anchovy, mackerel, tuna 150 Bottlenose dolphin, CA/
purse seine. 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, central
seine. 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 set 22 Steller sea lion,
gillnet. Western U.S.*+
Harbor seal, GOA.
AK Kuskokwim, Yukon, Norton 1,690 None documented.
Sound, Kotzebue salmon
gillnet.
AK roe herring and food/bait 16 None documented.
herring gillnet.
WA, OR herring, smelt, shad, 913 None documented.
sturgeon, bottom fish,
mullet, perch, rockfish
gillnet.
WA Willapa Bay drift gillnet. 82 Harbor seal, OR/WA
coast.
Northern elephant seal,
CA breeding.
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA
gillnet (excluding treaty coast.
Tribal fishing).
WA, OR lower Columbia River 110 California sea lion,
(includes tributaries) drift U.S.
gillnet. Harbor seal, OR/WA
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 set 9 Steller sea lion,
gillnet. Western U.S.+
Hawaii gillnet............... 115 Bottlenose dolphin,
Hawaiian.
Spinner dolphin,
Hawaiian.
Purse seine, beach seine, round
haul and throw net fisheries:
AK salmon purse seine (except 763 Harbor seal, GOA.
Southeast Alaska, which is
in Category II).
AK salmon beach seine........ 8 None documented.
AK roe herring and food/bait 480 None documented.
herring purse seine.
AK roe herring and food/bait 7 None documented.
herring beach seine.
AK Metlakatla purse seine.... 10 None documented.
AK octopus/squid purse seine. 6 None documented.
CA herring purse seine....... 100 California sea lion,
U.S.
Harbor seal, CA.
CA sardine purse seine....... 120 None documented.
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, squid 130 None documented.
purse seine or lampara.
WA (all species) beach seine 235 None documented.
or drag seine.
HI purse seine............... 18 None documented.
HI opelu/akule net........... 16 None documented.
HI throw net, cast net....... 47 None documented.
[[Page 5756]]
Dip net fisheries:
WA, OR smelt, herring dip net 119 None documented.
CA squid dip net............. 115 None documented.
Marine aquaculture fisheries:
WA, OR salmon net pens....... 21 California sea lion,
U.S.
CA salmon enhancement rearing >1 None documented.
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.
AK north Pacific halibut, AK 1,354 None documented.
bottom fish, WA, OR, CA
albacore, groundfish, bottom
fish, CA halibut non-
salmonid troll.
HI trolling, rod and reel.... 1,795 None documented.
Guam tuna troll.............. 50 None documented.
Commonwealth of the Northern 50 None documented.
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 line. Harbor seal, Bering Sea.
Northern elephant seal,
CA breeding.
Dall's porpoise, AK.
Steller sea lion,
Western U.S.
Harbor seal, Southeast
AK.
HI swordfish, tuna, billfish, 140 Hawaiian monk seal,
mahi mahi, wahoo, oceanic HI.*+
sharks longline/set line. Humpback whale, Central
North Pacific.*+
Risso's dolphin,
Hawaiian.
Bottlenose dolphin,
Hawaiian.
Spinner dolphin,
Hawaiian.
Short-finned pilot
whale, Hawaiian.
WA, OR North Pacific halibut 350 None documented.
longline/set line.
AK southern Bering Sea, 226 Northern elephant seal,
Aleutian Islands, and CA breeding.
Western Gulf of Alaska Killer whale, resident.
sablefish longline/set line Killer whale, transient.
(federally regulated waters). Steller sea lion,
western U.S.
Pacific white-sided
dolphin, central
North Pacific.
AK halibut longline/set line 2,396 Steller sea lion,
(state and Federal waters). Western U.S.*+
WA, OR, CA groundfish, 367 None documented.
bottomfish longline/set line.
AK octopus/squid longline.... 2 None documented.
CA offshore longline......... 10 None documented.
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 groundfish 209 Steller sea lion,
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.
[[Page 5757]]
AK miscellaneous finfish 391 None documented.
otter or beam trawl.
AK food/bait herring trawl... 3 None documented.
WA, OR, CA groundfish trawl.. 585 Steller sea lion,
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 Harbor porpoise,
Southeast Alaska.
AK Bering Sea, Gulf of Alaska 486 Harbor seal, GOA*.
finfish 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 and 598 None documented.
mechanical jig.
AK octopus/squid handline.... 2 None documented.
WA groundfish, bottomfish jig 679 None documented.
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 Northern <50 None documented.
Mariana Islands bottomfish.
American Samoa bottomfish.... <50 None documented
Harpoon fisheries:
CA swordfish harpoon......... 228 None documented.
Pound net/weir fisheries:
AK Southeast Alaska herring 4 None documented.
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/hydraulic 104 None documented.
fishery.
WA herring spawn-on-kelp..... 4 None documented.
WA/OR sea urchin, other clam, 637 None documented.
octopus, oyster, sea
cucumber, scallop, ghost
shrimp hand, dive, or
mechanical collection.
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.
[[Page 5758]]
Commercial passenger fishing
vessel (charter boat) fisheries:
AK, WA, OR, CA commercial >17,000 None documented.
passenger fishing vessel. (16,276 AK
only)
AK octopus/squid ``other''... 19 None documented.
HI ``other''................. 114 None documented.
Live finfish/shellfish fisheries:
CA finfish and shellfish live 93 None documented.
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.
List of Abbreviations Used in Table 1.
AK--Alaska.
CA--California.
HI--Hawaii.
OR--Oregon.
GOA--Gulf of Alaska.
WA--Washington.
Table 2.--List of Fisheries
[Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean]
------------------------------------------------------------------------
Estimated
No. of Marine mammal species/
Description of fishery 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 sink 341 North Atlantic right
gillnet (including species whale, WNA.*+
as defined in the Humpback whale, WNA.*+
Multispecies Fisheries Minke whale, Canadian
Management Plan and spiny east coast.
dogfish and monkfish). 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.
[[Page 5759]]
Longline fisheries:
Atlantic Ocean, Caribbean, 361 Humpback whale, WNA.*+
Gulf of Mexico large Minke whale, Canadian
pelagics longline. 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.
Category II
Gillnet fisheries:
U.S. mid-Atlantic coastal >655 Humpback whale, WNA.*+
gillnet fishery. Minke whale, Canadian
east coast.
Bottlenose dolphin, WNA
offshore.
Bottlenose dolphin, WNA
coastal.*+
Harbor porpoise, GME/
BF.*
Gulf of Maine small pelagics 133 Humpback whale, WNA.*+
surface gillnet. White-sided dolphin,
WNA.
Harbor seal, WNA.
Southeastern U.S. Atlantic 10 Bottlenose dolphin, WNA
shark gillnet fishery. 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.... 25 Bottlenose dolphin, WNA
coastal.*
Harbor porpoise, GME/
BF.*
Stop net fisheries:
North Carolina roe mullet 13 Bottlenose dolphin, WNA
stop net. coastal.*
Category III:
Gillnet fisheries:
Rhode Island, southern 32 Humpback whale, WNA.*+
Massachusetts (to Monomoy Bottlenose dolphin, WNA
Island), and New York Bight coastal.*+
(Raritan and Lower New York Harbor porpoise, GME/
Bays) inshore gillnet. BF.*
Long Island Sound inshore 20 Humpback whale, WNA.*+
gillnet. Bottlenose dolphin, WNA
coastal.*+
Harbor porpoise, GME/
BF.*
Delaware Bay inshore gillnet. 60 Humpback whale, 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 (\1\) None documented.
gillnet (black drum,
sheepshead, weakfish,
mullet, spot, croaker.
[[Page 5760]]
Gulf of Maine, Southeast U.S. 1,285 Minke whale, Canadian
Atlantic coastal shad, east coast
sturgeon gillnet (includes Harbor porpoise, GME/
waters of North Carolina). BF.*
Bottlenose dolphin, WNA
coastal.*+
Gulf of Mexico coastal (\1\) 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.*
Florida east coast, Gulf of 271 Bottlenose dolphin,
Mexico pelagics king and Western GMX coastal.
Spanish mackerel gillnet. Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, GMX
Bay, Sound, &
Estuarine.*
Trawl fisheries:
North Atlantic bottom trawl.. 1,052 Long-finned pilot 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, WNA
U.S. Atlantic, Gulf of coastal.*+
Mexico shrimp trawl.
Gulf of Maine northern shrimp 320 None documented.
trawl.
Gulf of Maine, Mid-Atlantic 215 None documented.
sea scallop trawl.
Gulf of Maine, U.S. mid- 5 None documented.
Atlantic, coastal herring
trawl.
Mid-Atlantic mixed species >1,000 None documented.
trawl.
Gulf of Mexico butterfish 2 Atlantic spotted
trawl. dolphin, Eastern GMX.
Pantropical spotted
dolphin, Eastern GMX.
Georgia, South Carolina, 25 None documented.
Maryland whelk trawl.
Calico scallops trawl........ 200 None documented.
Bluefish, croaker, flounder 550 None documented.
trawl.
Crab trawl................... 400 None documented.
U.S. Atlantic monkfish trawl. (\1\) Common dolphins, WNA.*
Marine aquaculture fisheries:
Finfish aquaculture.......... 48 Harbor seals, WNA.
Shellfish aquaculture........ (\1\) 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 purse 22 Bottlenose dolphin, WNA
seine. coastal.*+
Gulf of Maine menhaden purse 50 None documented.
seine.
Gulf of Mexico menhaden purse 50 Bottlenose dolphin,
seine. Northern GMX coastal.
Florida west coast sardine 10 Bottlenose dolphin,
purse seine. Eastern GMX coastal.
U.S. Atlantic tuna purse (\1\) None documented.
seine.
U.S. mid-Atlantic hand seine. >250 None documented.
Longline/hook-and-line fisheries:
Gulf of Maine tub trawl 46 Harbor seal, WNA.
groundfish bottom longline/ Gray seal, Northwest
hook-and-line. North Atlantic.
Southeastern U.S. Atlantic, 3,800 None documented.
Gulf of Mexico snapper-
grouper and other reef fish
bottom longline/hook-and-
line.
Southeastern U.S. Atlantic, 124 None documented.
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. Atlantic, 1,446 None documented.
Gulf of Mexico & U.S. mid-
Atlantic pelagic hook-and-
line/harpoon.
Trap/pot fisheries--lobster,
crab, and fish:
Gulf of Maine, U.S. mid- 100 North Atlantic right
Atlantic mixed species trap/ whale, WNA.*+
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.
[[Page 5761]]
Atlantic Ocean, Gulf of 20,500 Bottlenose dolphin, WNA
Mexico blue crab trap/pot. 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. Atlantic, 750 West Indian manatee,
Gulf of Mexico, Caribbean FL.*+
spiny lobster trap/pot. Bottlenose dolphin, WNA
coastal.*+
Stop seine/weir/pound fisheries:
Gulf of Maine herring and 50 North Atlantic right
Atlantic mackerel stop seine/ whale, WNA.*
weir. Humpback whale, WNA.*+
Minke whale, Canadian
east coast.
Harbor porpoise, GME/
BF.*
Harbor seal, WNA.
Gray seal, Northwest
North Atlantic.
U.S. mid-Atlantic mixed 500 None documented.
species stop/seine/weir
(except the North Carolina
roe mullet stop net).
U.S. mid-Atlantic crab stop 2,600 None documented.
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. Atlantic, 25 None documented.
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.
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.
\1\ Unknown.
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
This rule does not alter the existing requirements for
registration, the accommodation of observers, or other substantive
requirements. In addition, this final rule does not change the
classification of any commercial fisheries. Accordingly, this rule
imposes no new burdens on the public. For these reasons, under 5 U.S.C
553(d)(3), the Assistant Administrator finds that it is unnecessary to
provide for the normal 30-day delay in the effective date of this final
rule. The changes to the List of Fisheries for 1998 are effective on
the date of publication in the Federal Register.
This action has been determined to be not significant for the
purposes of E.O. 12866.
When this LOF for 1998 was proposed, 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
certified that this rule would not have a significant economic impact
on a substantial number of small entities. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not prepared.
This action makes minor 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
final LOF informs the public which U.S. commercial fisheries in 1998
are subject to the registration and reporting requirements specified
under 50 CFR 229.4.
This final rule does not contain policies with federalism
implications sufficient to warrant preparation of a federalism
assessment under E.O. 12612.
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
[[Page 5762]]
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB control number.
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). Currently, there are 14,000
Category I and II fishers who are required to register under section
118 of the MMPA. This final rule does not make any changes to fishery
classification and will not require the registration of additional
fishers; therefore, this final rule is not expected to change the
collection of information burdens significantly. Send comments
regarding these burden estimates or any other aspect of the data
requirements, including suggestions for reducing the burden to NMFS and
OMB (see ADDRESSES).
Dated: January 29, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
[FR Doc. 98-2749 Filed 2-3-98; 8:45 am]
BILLING CODE 3510-22-W