[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42803-42819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21533]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 980724195-8195-01; I.D. 070798F]
RIN 0648-AK95


Proposed List of Fisheries for 1999

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 1999 to the List of Fisheries 
(LOF) as required by the Marine Mammal Protection Act (MMPA) and 
proposes changes to the regulations implementing section 118 of the 
MMPA. The proposed LOF for 1999 reflects new information 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 injury and mortality of 
marine mammals that occurs incidental to that fishery. The 
categorization of a fishery in the LOF determines whether the fishery 
is subject to certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements.

DATES: Comments on the proposed rule must be received by November 9, 
1998.

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: 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:

Background

History of the List of Fisheries

    Section 118 of the MMPA requires that NMFS publish, at least 
annually, a list of fisheries that places all U.S. commercial fisheries 
into one of three categories based on the level of incidental serious 
injury and mortality of marine mammals in each fishery.
    In 1995, NMFS published proposed and final regulations implementing 
section 118 of the MMPA (60 FR 31666, June 17, 1995, and 60 FR 45086, 
August 30, 1995, respectively).
    Definitions of the fishery classification criteria for Category I, 
II, and III fisheries are found in the implementing regulations for 
section 118 of the MMPA (50 CFR part 229). In addition, these 
definitions are described in the preambles to the final rule 
implementing section 118 (60 FR 45086, August 30, 1995) and in the 
final LOF for 1996 (60 FR 67063, December 28, 1995). Because they 
provide the basis for the classification of fisheries in the LOF, these 
criteria are summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the Potential Biological 
Removal (PBR) level for each marine mammal stock.
    Tier 1: If the total annual mortality and serious injury across all 
fisheries that interact with a stock is less than or equal to 10 
percent of the PBR level of this stock, all fisheries interacting with 
this stock would be placed in Category III. Otherwise, these fisheries 
are subject to the next tier of analysis to determine their 
classification.
    Tier 2--Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level.
    Tier 2--Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level.
    Tier 2--Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level.
    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 of 
the MMPA.

Requirements for Vessels Participating in Category I and II 
Fisheries

    The primary functions of the LOF are to inform the public of the 
levels of interactions with marine mammals in various commercial 
fisheries and to identify fisheries for which efforts to reduce these 
interactions may be necessary. In addition, the LOF informs the fishing 
industry of which fisheries are subject to certain provisions of the 
MMPA.
    Registration: Fishers participating in Category I or II fisheries 
are required, under 50 CFR 229.4, to be registered under the MMPA. 
Unless the Authorization Certificate program for a given fishery is 
integrated and coordinated with existing state fishery registration 
programs, fishers must obtain a registration or renewal packet from 
NMFS and submit the completed registration or renewal form and the 
required registration fee to the appropriate NMFS Regional Office. 
Normally, NMFS will send the fisher an Authorization Certificate, 
program decal, and reporting forms within 60 days of receiving the 
registration or renewal 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 it anticipates being able to integrate 
registration with state fishery registration in North Carolina and 
California in the near future. The benefits of integrating registration 
with existing programs have included a reduction or elimination of fees 
for some commercial fishers and a reduction in paperwork that must be 
completed by fishers and by NMFS.
    Reporting: Vessel owners or operators, or fishers, in the case of 
nonvessel 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).

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    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.
    Take Reduction Plans: Fishers participating in Category I and II 
fisheries are required to comply with any applicable take reduction 
plans. NMFS may develop and implement take reduction plans for any 
Category I fishery or Category II fishery that interacts with a 
strategic stock of marine mammals.

Sources of Information Reviewed During Development of the Proposed 
LOF for 1999

    NMFS' Stock Assessment Reports (SARs) provide the best available 
information on both the level of serious injury and mortality of marine 
mammals that occurs incidental to commercial fisheries and the PBR 
levels for marine mammal stocks. The proposed LOF for 1999 is based on 
information provided in both the final SARs for 1996 (63 FR 60, January 
2, 1998) and the draft SARs for 1998. The draft SARs for 1998 provide 
new estimates of total serious injury and mortality of marine mammals 
that occur incidental to some U.S. commercial fisheries and provide new 
estimates of PBR levels for some marine mammal stocks. If information 
in the 1998 draft SARs changes as a result of public comments or 
additional review by the Scientific Review Groups (SRGs), these updates 
will be incorporated in the final LOF for 1999.

Proposed Changes to the LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the SARs for all observed fisheries 
to determine whether proposed changes in fishery classification were 
warranted. NMFS also reviewed other sources of new information, 
including marine mammal strandings data and other information that is 
not included in the SARs.
    NMFS is proposing the following specific changes to the LOF that 
would take effect in 1999. With the exception of these proposed 
changes, NMFS proposes to retain the fishery classifications as 
published in the final LOF for 1998. Under section 118 of the MMPA, 
NMFS must include all U.S. commercial fisheries on the LOF. 
Accordingly, NMFS is publishing this comprehensive table listing all 
U.S. commercial fisheries. NMFS solicits comments on this list and 
should be advised of any fishery that is not included in this list. As 
a result of comments or information received after the publication of 
the proposed 1999 LOF, NMFS may redefine existing fishery definitions, 
recategorize fisheries, or add and delete fisheries from this list for 
the final 1999 LOF.

Changes Resulting From New Draft SARs

    The table in the LOF that lists all U.S. commercial fisheries, the 
number of participants in each fishery, and the marine mammal stocks 
and/or species incidentally killed or injured in each fishery was 
updated to include the following changes in the draft Pacific and 
Atlantic SARs:
    1. The CA/OR/WA stocks of Mesoplodont beaked whales were proposed 
to be designated as non-strategic;
    2. The CA/OR/WA stock of minke whales was proposed to be designated 
as non-strategic; and
    3. The Western North Atlantic stock of white-sided dolphin is 
proposed to be designated as strategic.
    The draft SAR for Alaska provided updates to the number of 
participants in each Alaska commercial fishery and to the list of 
species and/or stocks incidentally injured or killed in each fishery. 
When possible, the number of participants provided in the table in the 
LOF reflects the number of permits fished in 1996. For those fisheries 
for which this information was not available, the number of permits 
issued was used to represent the number of participants.

Midwater Trawl Fishery for Atlantic Herring

    The current LOF includes a Category III listing for the Gulf of 
Maine, U.S. mid-Atlantic coastal herring trawl fishery. This fishery 
was originally listed in 1989 and comprised approximately five 
participants who operated primarily in Maine state waters. Since that 
time, information has become available indicating that vessels target 
herring in other areas, including Jeffreys Ledge, offshore on Georges 
Bank, and the nearshore waters of Rhode Island, Connecticut, and New 
York. Based on discussions with New England Fishery Management Council 
staff developing the Herring Fishery Management Plan, NMFS determined 
that there is little difference between the boats or gear fishing in 
coastal areas (such as Maine state waters) and in areas such as 
Jeffreys Ledge or offshore; thus, these fisheries should be considered 
part of the same herring midwater trawl fishery.
    This herring trawl fishery utilizes midwater trawl gear, a gear 
type used in the Atlantic squid, mackerel, butterfish trawl fishery, a 
Category II fishery known to take several species of cetaceans. Herring 
are an important prey for several Atlantic stocks of marine mammals, 
including the Gulf of Maine stock of harbor porpoise, a strategic 
stock. NMFS believes that this fishery operates at times and in 
locations of significant densities of marine mammals. Therefore, NMFS 
is proposing that ``Atlantic herring midwater trawl (including pair 
trawl)'' be added to the LOF as a Category II fishery. NMFS is 
proposing that the new listing for ``Atlantic herring midwater trawl 
(including pair trawl)'' include those vessels currently operating in 
the Gulf of Maine, U.S. Mid-Atlantic coastal herring trawl fishery. 
Thus, the Category III listing for the Gulf of Maine, U.S. Mid-Atlantic 
coastal herring trawl would be removed from the LOF.
    Target species and bycatch: These vessels primarily target Atlantic 
herring, Clupea harengus, but may catch small amounts of anadromous 
``river herring'' species such as blueback herring and alewife. There 
are several other finfish bycatch species; however, the most prominent 
species are mackerel, spiny dogfish, and silver hake.
    Gear types: The basic gear type in this fishery is midwater trawl 
gear, which is defined in 50 CFR 648.2 as follows: ``Midwater trawl 
gear means trawl gear that is designed to fish for, is capable of 
fishing for, or is being used to fish for pelagic species, no portion 
of which is designed to be or is operated in contact with the bottom at 
any time.''
    Several vessels in this fishery are using midwater trawls that are 
used as pair trawls (one net towed by two vessels). Although there may 
be a higher potential for incidental serious injury or mortality of 
marine mammals in pair trawl gear, NMFS has no evidence that it would 
be at the Category I level; therefore, NMFS proposes to include these 
vessels in the Category II Atlantic herring midwater trawl fishery 
until data on differential bycatch rates become available.
    In addition, there may be internal waters processing (IWP) or joint 
venture (JV) operations in this fishery in certain times and areas. 
NMFS does not believe that a separate listing for IWP and JV operations 
is warranted at this time. NMFS is investigating the status of these 
fisheries and their potential impacts on marine mammals and will 
propose a separate categorization for this fishery in the LOF, if 
appropriate.
    Although the effort data indicate that a significant amount of 
herring is landed by bottom trawl gear, this primarily results from a 
compilation of a large number of hauls with a small amount of

[[Page 42805]]

herring bycatch, rather than from vessels actually targeting herring. 
If any vessels are targeting herring with bottom trawls, that effort 
would be considered to be part of the existing Category III listing for 
the North Atlantic bottom trawl fishery.
    Number of participants: According to landings data from NMFS and 
the Maine Department of Marine Resources, there are approximately 17 
participants in this fishery, including pair trawl vessels.
    Area of operation: Atlantic herring is distributed over continental 
shelf waters from Labrador to Cape Hatteras. Therefore, this fishery 
could occur anywhere in that area, although it is likely to be limited 
by factors such as distance from processing plants and economic 
viability. The primary areas of operation are Maine state waters, 
Jeffreys Ledge, southern New England, and Georges Bank.

Northeast Multispecies Sink Gillnet Fishery

    This fishery was listed in the 1996 LOF as the ``New England 
multispecies sink gillnet fishery, including species as defined in the 
Multispecies Fisheries Management Plan and spiny dogfish and 
monkfish.'' In the 1997 LOF, the name of this fishery was changed to 
the ``Northeast multispecies sink gillnet fishery, including species as 
defined in the Multispecies Fisheries Management Plan and spiny dogfish 
and monkfish.''
    NMFS is proposing to change the name of this fishery to the 
``Northeast sink gillnet fishery'' to better reflect the target species 
and geographic boundaries of this fishery and to avoid future confusion 
between this fishery and the boundaries and target species addressed in 
the Northeast Multispecies Fishery Management Plan. The Northeast sink 
gillnet fishery would include effort for all target species (i.e., 
fishery would no longer be limited to only multispecies finfish, 
monkfish, and dogfish). NMFS is not proposing to change the geographic 
boundaries of this fishery; thus, the geographic boundary between the 
Northeast sink gillnet fishery and the Mid-Atlantic coastal gillnet 
fishery would remain as 72 deg.30' W. long.

Gulf of Mexico Menhaden Purse Seine Fishery

    The Gulf of Mexico menhaden purse seine fishery is currently 
classified as a Category III fishery. Based on a review of 1992-95 
observer data, NMFS is proposing that this fishery be placed in 
Category II.
    Tier I evaluation: Currently, there is no information available on 
other Category I or II fisheries interacting with coastal bottlenose 
dolphin stocks in the Gulf of Mexico. As a result, takes of a given 
stock in any fishery would need to exceed 10 percent of that stock's 
PBR to elevate that fishery to Category II.
    Tier II evaluation: An observer program conducted by Louisiana 
State University in 1992, 1994, and 1995 recorded nine captures of 
coastal bottlenose dolphin, eight from the western coastal stock, and 
one from the northern coastal stock. Three of the captures from the 
western coastal bottlenose stock were reported as mortalities. A total 
of 1,038 sets was observed over the 3 years in which the observer 
program operated. The only effort data currently available are for 
1994, in which 26,097 sets were recorded in the fishery, and for 1995, 
when 21,150 sets were recorded. Assuming that an average of the effort 
in 1994 and 1995 (23,624 sets) is representative of the effort expanded 
over the years 1992, 1994, and 1995, the three observed mortalities 
would extrapolate to an annual average of 68 mortalities per year. All 
lethal takes occurred in the area encompassing the western coastal 
stock of bottlenose dolphin which has a PBR of 29 animals.
    Because the annual average of 68 mortalities per year exceeds 50 
percent of the PBR level for the western coastal bottlenose stock, this 
would ordinarily justify placement of this fishery in Category I; 
however, NMFS is proposing to place this fishery in Category II, 
pending a revised analysis of the stock structure for bottlenose 
dolphin in the Gulf of Mexico. The Atlantic SRG has advised that the 
Atlantic and Gulf of Mexico bottlenose dolphin stock structures be re-
examined and has suggested that the three Gulf coastal stocks be 
combined. Under this scenario, the PBR levels for the three Gulf 
coastal stocks would result in a combined PBR of 154 animals, thus 
placing this fishery in Category II. NMFS has not yet determined 
whether this would be a biologically appropriate stock designation, but 
NMFS believes that provisionally placing this fishery in Category II is 
appropriate, pending a revised analysis of stock structure for 
bottlenose dolphin in the Gulf of Mexico.

North Carolina Haul Seine Fishery

    NMFS has received reports that the North Carolina haul seine 
fishery operates in several mid-Atantic states, including North 
Carolina, Virginia and New Jersey; therefore, NMFS proposes to change 
the name of this fishery to the ``Mid-Atlantic haul seine.''

Discussion of Other Commercial Fisheries

Atlantic Squid, Mackerel, Butterfish Trawl Fishery

    In June 1998, the Atlantic SRG recommended that NMFS consider 
reclassifying the Atlantic squid, mackerel, butterfish trawl fishery as 
a Category I fishery because estimated marine mammal takes in this 
fishery exceed the PBR level for two stocks of marine mammals.
    The Northeast Fisheries Science Center (NEC) has reviewed the 
current mortality estimates for the Atlantic squid, mackerel, 
butterfish trawl fishery and found that there is substantial 
uncertainty surrounding these estimates. As a result, the NEC plans to 
re-evaluate the estimates of marine mammal mortality that occur 
incidental to this fishery after data collected in 1997 are analyzed.
    Because the marine mammal mortality estimates are currently under 
revision, NMFS is not proposing to reclassify this fishery for the 1999 
LOF. NMFS expects that the draft 1999 SARs will include updated marine 
mammal mortality estimates for this fishery, and NMFS will re-evaluate 
the classification of this fishery when the draft 1999 SARs become 
available.

U.S. Mid-Atlantic Coastal Gillnet Fishery

    The U.S. mid-Atlantic coastal gillnet fishery is currently 
classified as a Category II fishery, and information regarding 
incidental bycatch of coastal bottlenose dolphin in this fishery was 
discussed in the proposed LOF (62 FR 28657, May 27, 1997) and in the 
final LOF for 1998 (63 FR 5748, February 4, 1998). No new information 
has been received since the publication of the final 1998 LOF to change 
the basis for the original Category II classification of this fishery; 
therefore, the fishery will remain in Category II. However, data from 
the current mid-Atlantic coastal gillnet observer program should be 
available in time for the LOF for 2000, and the status of this fishery 
will be reviewed at that time.

Atlantic Ocean, Gulf of Mexico Blue Crab Trap/Pot Fishery

    Over the 5-year period from 1993 to 1997, eight bottlenose dolphins 
stranded in the Southeast Region with identifiable crab pot gear 
attached. During the same time period, an additional 22 bottlenose 
dolphin carcasses were recovered entangled in crab pot-type line from 
an unidentifiable source, or displaying marks on the skin consistent 
with

[[Page 42806]]

entanglement in such gear. These strandings were distributed throughout 
the Atlantic and Gulf of Mexico states. Manatees have also been 
reported entangled in this gear, but most of these animals were 
disentangled and released alive.
    The eight confirmed dolphin/crab pot entanglements span three 
different geographic areas and may represent at least three bottlenose 
dolphin stocks, including the south Atlantic area, the south Florida 
area, and the Gulf of Mexico. Most, if not all, of the dolphin 
carcasses were recovered in inshore waters where bay, sound, and 
estuarine stocks of bottlenose dolphins reside.
    The Atlantic SARs currently do not recognize separate coastal 
bottlenose stocks in the U.S. south Atlantic and south Florida area. 
The Atlantic SARs have not yet recognized bay, sound or estuarine 
bottlenose stocks in the Atlantic because very little survey data and 
stock structure information are available for these animals. Currently, 
NMFS is conducting extensive studies to gain a better understanding of 
bottlenose dolphin stock structure in these areas.
    Until coastal bottlenose dolphin stock structure is better 
understood and PBR levels are available, NMFS cannot conduct the tier 
analyses required to determine the appropriate categorization of this 
fishery. Therefore, this fishery will remain in Category III at this 
time. Both NMFS and the Fish and Wildlife Service (FWS) are concerned 
about an apparent increase in manatee and dolphin entanglements in crab 
pot gear in recent years and intend to monitor this situation closely. 
FWS is currently conducting a background study regarding what is 
currently known about this fishery in Florida waters. NMFS also hopes 
to conduct a field study of dolphin/crab pot interactions in the near 
future.

North Carolina Inshore Gillnet Fishery

    Recently, one bottlenose dolphin stranded in North Carolina with 
evidence of fishery interactions, and two other bottlenose dolphins 
were disentangled and released from gillnet gear in inshore North 
Carolina waters. These incidences indicate that a small number of 
bottlenose dolphin mortalities may have resulted from gillnets in 
inside waters of North Carolina. Based on current bottlenose stock 
structure information, these animals were most likely from the Western 
North Atlantic coastal stock. Assuming that these animals are from the 
Western North Atlantic coastal bottlenose stock, the annual take of 
this stock in the North Carolina inshore gillnet fishery would be less 
than 1 percent. Based on this information, NMFS does not propose to 
recategorize this fishery at this time; however, given the 
uncertainties regarding bottlenose dolphin stock structure, it is 
possible that the bottlenose dolphins in these inshore North Carolina 
waters may not be from the Western North Atlantic coastal stock. As 
noted, the stock structure for coastal bottlenose stocks is currently 
under revision. If new information on bottlenose dolphin stock 
structure indicates that this fishery is interacting with a separate 
stock of coastal bottlenose dolphin, NMFS will re-evaluate the 
categorization of this fishery.
    The current observer program for the mid-Atlantic coastal gillnet 
fishery will likely incorporate the North Carolina inshore gillnet 
fishery in its monitoring program, so more conclusive information on 
possible interactions between this fishery and marine mammals should be 
available in the near future.

Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks 
Longline/Set Line Fishery

    The Hawaii swordfish, tuna, billfish, mahi mahi, wahoo, oceanic 
sharks longline/set line fishery is classified as a Category III 
fishery. This fishery has been observed on a mandatory basis since 
February 1994 with low (3.5 to 4.5 percent) levels of observer 
coverage. Between 1994 and 1997, there were 10 observed incidental 
takes of marine mammals. At least five species of marine mammals were 
observed taken along with two unidentified animals one of which was 
reported as an unidentified whale and the other as an unidentified 
cetacean. The only observed mortality was a short-finned pilot whale in 
1996.

----------------------------------------------------------------------------------------------------------------
                    Species                          1994         1995         1996         1997        Total   
----------------------------------------------------------------------------------------------------------------
Risso's dolphin................................  ...........         \1\2  ...........         \2\2            4
Spinner dolphin................................  ...........  ...........  ...........         \3\1            1
False killer whale.............................  ...........  ...........  ...........         \2\1            1
Bottlenose dolphin.............................  ...........         \2\1  ...........  ...........            1
Unidentified cetacean..........................  ...........  ...........         \1\1  ...........            1
Unidentified whale.............................  ...........  ...........         \3\1  ...........            1
Short-finned pilot whale.......................  ...........  ...........         \4\1  ...........            1
                                                ----------------------------------------------------------------
    Total......................................            0            3            3            4           10
----------------------------------------------------------------------------------------------------------------
\1\Gear interaction type unconfirmed/unknown.                                                                   
\2\Hooked.                                                                                                      
\3\Snagged.                                                                                                     
\4\Entangled and Killed.                                                                                        

    Based on the observed mortality and injuries of several species of 
cetaceans, the Pacific SRG recommended, in April 1998, that NMFS 
propose to reclassify this fishery as a Category II fishery in the 
proposed 1999 LOF.
    Estimates of total annual incidental marine mammal mortality and 
serious injury are not yet available for this fishery. PBR levels are 
unavailable for most of the stocks of marine mammals identified as 
incidentally taken in this fishery because the abundance of these 
stocks within the Hawaii Exclusive Economic Zone is unknown (Barlow et 
al., 1997). The only stock for which a PBR level has been calculated is 
for spinner dolphins; however, this is a limited PBR level (6.8 
animals) which is based on a minimum count of spinner dolphins from the 
west coast of Hawaii only.
    The majority of the marine mammals that have been incidentally 
taken in this fishery were released alive with injuries. NMFS has not 
yet considered these injuries in the classification of the Hawaii 
longline fishery; NMFS will be publishing proposed guidelines for 
determining what constitutes a serious injury to a marine mammal after 
the guidelines are finalized and will evaluate these incidental 
injuries at that time. There has been only one confirmed incidental 
marine mammal mortality observed in the Hawaii longline fishery over a 
4-year monitoring period. NMFS believes that,

[[Page 42807]]

even though observer coverage levels were low, this level of incidental 
mortality constitutes a ``remote likelihood of incidental mortality or 
serious injury of marine mammals''; therefore, NMFS is proposing to 
retain this fishery in Category III. Consideration of incidental 
serious injuries in the Hawaii longline fishery may warrant the 
reclassification of this fishery in the LOF for 2000.
    NMFS recognizes the importance of monitoring marine mammal bycatch 
in this fishery and of developing sound marine mammal mortality 
estimates. NMFS will be increasing observer coverage of the fishery 
this year. Although this observer coverage is intended to primarily 
monitor the incidental take of sea turtles, all takes of marine mammals 
will be recorded. NMFS is making changes to the sampling protocol for 
specimens and to the recording of interactions and considering making 
changes to the sampling design for observer coverage to improve the 
marine mammal bycatch information that is collected through this 
observer program. NMFS will continue to evaluate observer data and any 
new information that become available on the level of serious injury 
and mortality of marine mammals that is occurring incidental to this 
fishery and will propose a recategorization of this fishery as 
appropriate.
    Although the Hawaii longline fishery is a Category III fishery, 
participants in this fishery are already required to take observers 
onboard, to submit vessel logbooks, to report all interactions with 
marine mammals, and to obtain a limited entry permit to participate in 
this fishery.

California Offshore Longline Fishery

    The California offshore longline fishery is a small Category III 
fishery, with less than 10 vessels currently operating. During part of 
the year, vessels in the California longline fishery operate in the 
same times and areas as vessels in the Hawaii swordfish, tuna, 
billfish, mahi mahi, wahoo, oceanic sharks longline/set line fishery. 
Although the California offshore longline fishery has the potential to 
interact with some of the same marine mammal stocks as the Hawaii 
longline fishery, NMFS has no evidence of serious injuries or 
mortalities of marine mammals associated with the California offshore 
longline fishery.

Other Proposed Changes to the List of Fisheries

    The following changes are being made to clarify the name of the 
fishery to: (1) include the specific gear type or target species, (2) 
update the estimated number of vessels/persons in the fishery, (3) 
revise the name of the fishery to identify its exact geographic area of 
operation, or (4) update the stock or species of marine mammals that 
are documented as incidentally injured or killed in the fishery.
    Table 1, Category II: The name of the Alaska Peninsula/Aleutians 
salmon drift gillnet fishery is changed to the Alaska Peninsula/
Aleutian Islands salmon drift gillnet fishery.
    Table 1, Category II: The name of the Alaska Peninsula/Aleutian 
Island salmon set gillnet fishery is changed to the Alaska Peninsula/
Aleutian Islands salmon set gillnet fishery.
    Table 1, Category II: The name of the Alaska Cook Inlet drift 
gillnet fishery is changed to the Alaska Cook Inlet salmon drift 
gillnet fishery.
    Table 1, Category II: The name of the Alaska Bristol Bay drift 
gillnet fishery is changed to the Alaska Bristol Bay salmon drift 
gillnet fishery.
    Table 1, Category II: The name of the Alaska Bristol Bay set 
gillnet fishery is changed to the Alaska Bristol Bay salmon set gillnet 
fishery.
    Table 1, Category II: The name of the Alaska pair trawl fishery is 
changed to the Alaska miscellaneous finfish pair trawl fishery.
    Table 1, Category III: The name of the Alaska Prince William Sound 
set gillnet fishery is changed to the Alaska Prince William Sound 
salmon set gillnet fishery.
    Table 1, Category III: The estimated number of vessels/persons for 
the Alaska Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet 
fishery is changed from 1,519 to 1,419.
    Table 1, Category III: The name of the Alaska Metlakatla purse 
seine fishery is changed to the Alaska Metlakatla salmon purse seine 
fishery.
    Table 1, Category III: The estimated number of vessels/persons for 
the Alaska Bering Sea, Gulf of Alaska finfish fishery is changed from 
277 to 274.
    Table 1, Category III: The name of the Alaska other finfish 
handline and mechanical jig fishery is changed to the Alaska 
miscellaneous finfish handline and mechanical jig fishery.
    Table 1, Category III: The estimated number of vessels/persons for 
the Alaska, Washington, Oregon, California commercial passenger fishery 
is changed from >17,000 (16,276 Alaska only) to >4,000 (3,523 Alaska 
only).
    Table 2, Category I: The stock of marine mammals that are injured/
killed in the Northeast sink gillnet fishery is clarified for the 
following species: Common dolphin, Western North Atlantic (WNA); Fin 
whale, WNA; Spotted dolphin, WNA; False killer whale, WNA; Harp seal, 
WNA.
    Table 2, Category II: The Western North Atlantic coastal stock of 
bottlenose dolphin is added as a stock that incurs injury or mortality 
incidental to the North Caroline inshore gillnet fishery.
    Table 2, Category III: The name of the Gulf of Maine, southeast 
U.S. Atlantic coastal shad, sturgeon, gillnet (includes waters of North 
Carolina) fishery is changed to the Gulf of Maine, southeast U.S. 
Atlantic coastal shad, sturgeon, gillnet fishery. Fishermen 
participating in the North Carolina fishery are more appropriately 
identified under the U.S. mid-Atlantic coastal gillnet fishery.
    Table 2, Category III: The list of marine mammal species/stocks 
incidentally injured/killed in the Florida east coast, Gulf of Mexico 
pelagics king and spanish mackerel gillnet fishery is changed from 
Bottlenose dolphin, Western Gulf of Mexico (GMX) coastal; Bottlenose 
dolphin, Northern GMX coastal; Bottlenose dolphin, Eastern GMX coastal; 
Bottlenose dolphin, GMX bay, sound, and estuarine, to none documented. 
There have been no documented interactions of marine mammals with this 
fishery. The fishery uses run-around gillnets and employs spotter 
planes to find schooling mackerel which make interactions with marine 
mammals highly improbable.

Proposed Changes to Regulations at 50 CFR Part 229

    NMFS is proposing several revisions and technical edits to 50 CFR 
part 229. These changes are described here.

Definitions

    In several places, the term ``take'' was replaced with the term 
``serious injury and mortality'' to better reflect the statutory 
language of section 118 of the MMPA.
    NMFS is proposing to remove the definitions of the term 
``Incidental, but not intentional, take'' and the term ``Incidental 
mortality''. NMFS is proposing instead to include a definition of the 
term ``Incidental'.
    NMFS is proposing to add a definition for the term ``Integrated 
fishery'' under Sec. 229.2. This term is currently defined and 
discussed in several sections of part 229, but was not previously 
defined in Sec. 229.2 Definitions.

Requirements for Category I and II Fisheries

    Section 229.4(b)(2)(v) currently requires that vessel/gear owners 
provide a description of the gear type and approximate time, duration, 
and

[[Page 42808]]

locations of each fishery operation. Because this information is 
incorporated within the fishery title, it is not necessary for fishers 
to provide NMFS with this additional fishery description information. 
NMFS is proposing to remove this requirement.
    NMFS is proposing to remove all references to an ``annual decal'' 
in part 229. The NMFS' Marine Mammal Authorization Program decals do 
not have an annual expiration and may not always be issued every year; 
therefore, NMFS is proposing that the term ``decal'' be used instead of 
the term ``annual decal''.
    Under Sec. 229.4(e)(3), Authorization Certificates must be signed 
and dated by the owner or the authorized representative of the owner in 
order to be valid. NMFS is proposing to remove this provision since the 
possession of a certificate is sufficient to provide an authorization 
for taking of marine mammals.
    NMFS made several additional minor changes to Sec. 229.4, including 
updating the telephone numbers of NMFS regional offices, clarifying 
registration requirements for participants in integrated fisheries, and 
restructuring sections to improve clarity and readability.

Requirements for Category III Fisheries

    The marine mammal deterrence provisions under the 1994 Amendments 
to the MMPA should pertain to all commercial fishermen; however, 
Sec. 229.5 erroneously indicates that these provisions apply only to 
participants in Category I and Category II fisheries. NMFS is proposing 
to correct the wording of this section to clarify that this deterrence 
provision applies to all vessel owners and crew members engaged in 
commercial fishing operations.

Reporting Requirements

    NMFS is proposing to modify the reporting requirements under 
Sec. 229.6 to include all commercial fishermen, regardless of the 
category of fishery they participate in, and to clarify the 
registration requirements for participants in non-vessel fisheries. 
Instead of providing the vessel name and registration number, 
participants in non-vessel fisheries would be required to submit the 
gear permit number.

Monitoring of Incidental Mortalities and Serious Injuries

    Because observers may not always be onboard the vessel and may 
monitor bycatch from alternate platforms, NMFS proposes to remove all 
reference to an ``onboard observer''.
    Under Sec. 229.7(c)(4)(i), vessel operators and crew members must 
provide ``adequate accommodations'' for observers. In order to ensure 
the health and safety of marine mammal observers, NMFS is proposing to 
further define the specific accommodations that vessel operators must 
provide. Vessel operators or crew members must provide ``food, toilet, 
bathing, and sleeping accommodations that are equivalent to those 
provided to the crew''. These accommodations should be provided at no 
cost to the observer or to NMFS.
    Section 229.7 allows observers to sample, retain, or store marine 
mammals or other protected species specimens. NMFS is proposing to 
specifically allow observers to sample, retain, or store target and 
non-target catch, which would include marine mammals or other protected 
species specimens.
    Under Sec. 229.7, the current observer requirements apply only to 
Authorization Certificate holders; however, the intent of these 
regulations is to apply to all vessel owners/operators or operators of 
nonvessel gear participating in Category I or II fisheries; therefore, 
NMFS is proposing to have the observer requirements apply to ``vessel 
owners/operators'' instead of ``Authorization Certificate holders''.
    Under Sec. 229.7(c)(6), marine mammals incidentally taken in 
commercial fishing operations may be retained only if authorized by 
NMFS personnel, designated contractors, an official observer, or by a 
scientific permit in the possession of the vessel operator. NMFS 
believes that it is more appropriate to place this provision with the 
other prohibitions under Sec. 229.3.

Emergency Regulations

    NMFS has clarified the regulatory language regarding emergency 
actions. Under Sec. 229.9, the Assistant Administrator may promulgate 
emergency actions if the incidental mortality or serious injury of 
marine mammals from commercial fisheries is having, or is likely to 
have, an immediate significant adverse impact on a stock or species. If 
the stock is one for which a take reduction team has not been 
established or, in the case of a Category III fishery that may be 
adversely impacting the stock, the Assistant Administrator may 
immediately review the stock assessment for this stock and 
classification of this fishery to determine whether a take reduction 
team should be established. In this section, NMFS has clarified that 
the Assistant Administrator, in reviewing the fishery classification, 
would also determine whether a recategorization of the fishery is 
appropriate.

Take Reduction Plans

    NMFS has added a new introductory section under the subpart 
addressing take reduction plan regulations. This new section clarifies 
that the MMPA authorizes NMFS to impose regulations governing 
commercial fishing operations, when necessary, to implement a take 
reduction plan in order to protect or restore a marine mammal stock or 
species covered by the plan. This introductory section is followed by 
sections addressing the regulatory measures of individual take 
reduction plans.

List of Fisheries

    The following two tables list U.S. commercial fisheries according 
to their assigned categories under section 118 of the MMPA. The 
estimated number of vessels is expressed in terms of the number of 
active participants in the fishery, when possible.
    If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants in a 
fishery, the number from the 1996 LOF is used. The tables also list the 
marine mammal species/stocks that are incidentally killed or injured in 
each fishery based on observer data, logbook data, stranding reports, 
and fishers' reports. This list includes all species or stocks known to 
incur injury or mortality for a given fishery; however, not all species 
or stocks identified are necessarily independently responsible for a 
fishery's categorization. There are a few fisheries that are in 
Category II that have no recently documented interactions with marine 
mammals. Justifications for placement of these fisheries are by analogy 
to other gear types that are known to injure or kill marine mammals, as 
discussed in the final LOF for 1996 (60 FR 45086, December 28, 1995).
    Commercial fisheries in the Pacific Ocean are listed in Table 1; 
commercial fisheries in the Atlantic Ocean are listed in Table 2. 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.

[[Page 42809]]



  Table 1.--List of Fisheries Commercial Fisheries in the Pacific Ocean 
------------------------------------------------------------------------
                                    Estimated                           
                                    number of    Marine mammal species/ 
       Fishery description           vessels/      stocks incidentally  
                                     persons         killed/injured     
------------------------------------------------------------------------
                               Category I                               
------------------------------------------------------------------------
GILLNET FISHERIES:                                                      
    CA angel shark/halibut and              58  Harbor porpoise, central
     other species large mesh                    CA                     
     (>3.5in) set gillnet.                      Common dolphin, short-  
                                                 beaked, CA/OR/WA       
                                                Common dolphin, long-   
                                                 beaked CA              
                                                California sea lion,    
                                                 U.S.                   
                                                Harbor seal, CA         
                                                Northern elephant seal, 
                                                 CA breeding            
    CA/OR thresher shark/                  130  Steller sea lion,       
     swordfish drift gillnet.                    Eastern U.S.*+         
                                                Sperm whale, CA/OR/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         
                                                Short-beaked common     
                                                 dolphin CA/OR/WA       
                                                Long-beaked common      
                                                 dolphin CA/OR/WA       
                                                Northern right whale    
                                                 dolphin, CA/OR/WA      
                                                Short-finned pilot      
                                                 whale, CA/OR/WA*       
                                                Baird's beaked whale, CA/
                                                 OR/WA                  
                                                Mesoplodont beaked      
                                                 whale, CA/OR/WA        
                                                Cuvier's beaked whale,  
                                                 CA/OR/WA               
                                                Pygmy sperm whale, CA/OR/
                                                 WA                     
                                                California sea lion,    
                                                 U.S.                   
                                                Northern elephant seal, 
                                                 CA breeding            
                                                Humpback whale, CA/OR/WA-
                                                 Mexico*                
                                                Minke whale, CA/OR/WA   
                                                Striped dolphin, CA/OR/ 
                                                 WA                     
                                                Killer whale, CA/OR/WA  
                                                 Pacific coast          
                                                Northern fur seal, San  
                                                 Miguel Island          
------------------------------------------------------------------------
                               Category II                              
------------------------------------------------------------------------
GILLNET FISHERIES:                                                      
    AK Prince William Sound                509  Steller sea lion,       
     salmon drift gillnet.                       Western U.S.*+         
                                                Northern fur seal,      
                                                 Eastern Pacific*       
                                                Harbor seal, GOA*       
                                                Pacific white-sided     
                                                 dolphin, central       
                                                North Pacific           
                                                Harbor porpoise, GOA    
                                                Dall's porpoise, AK     
    AK Peninsula/ Aleutian                 163  Northern fur seal,      
     Islands salmon drift gillnet.               Eastern Pacific*       
                                                Harbor seal, GOA        
                                                Harbor porpoise, Bering 
                                                 Sea                    
                                                Dall's porpoise, AK     
    AK Peninsula/ Aleutian                 110  Steller sea lion,       
     Islands salmon set gillnet.                 Western U.S.*+         
                                                Harbor porpoise, Bering 
                                                 Sea                    
    Southeast Alaska salmon drift          439  Steller sea lion,       
     gillnet.                                    Eastern U.S.*+         
                                                Harbor seal, Southeast  
                                                 AK                     
                                                Pacific white-sided     
                                                 dolphin, central       
                                                North Pacific           
                                                Harbor porpoise,        
                                                 Southeast AK           
                                                Dall's porpoise, AK     
                                                Humpback whale, central 
                                                 North Pacific*+.       
    AK Cook Inlet salmon drift             560  Steller sea lion,       
     gillnet.                                    Western U.S.*+         
                                                Harbor seal, GOA*       
                                                Harbor porpoise, GOA    
                                                Dall's porpoise, AK     
                                                 Beluga,                
                                                Cook Inlet*             
    AK Cook Inlet salmon set               604  Steller sea lion,       
     gillnet.                                    Western U.S.*+         
                                                Harbor seal, GOA*       
                                                Harbor porpoise, GOA    
                                                Beluga, Cook Inlet*     
                                                Dall's porpoise, AK     
    AK Yakutat salmon set gillnet          139  Harbor seal, Southeast  
                                                 AK                     
                                                Gray whale, Eastern     
                                                 North Pacific          
    AK Kodiak salmon set gillnet.          172  Harbor seal, GOA*       
                                                Harbor porpoise, GOA    
                                                Sea otter, Southwest AK 

[[Page 42810]]

                                                                        
    AK Bristol Bay salmon drift          1,884  Steller sea lion,       
     gillnet.                                    Western U.S.*+         
                                                Northern fur seal,      
                                                 Eastern 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 salmon set              941  Harbor seal, Bering Sea 
     gillnet.                                   Beluga, Bristol Bay     
                                                Gray whale, Eastern     
                                                 North Pacific          
                                                Northern fur seal,      
                                                 Eastern Pacific*       
                                                Spotted seal, AK        
    AK Metlakatla/ Annette Island           60  None documented         
     salmon drift gillnet.                                              
    WA Puget Sound Region salmon           900  Harbor porpoise, inland 
     drift gillnet (includes all                 WA                     
     inland waters south of US-                 Dall's porpoise, CA/OR/ 
     Canada border and eastward                  WA                     
     of the Bonilla-Tatoosh line--              Harbor seal, WA inland  
     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  Short-finned pilot      
                                                 whale, CA/OR/WA*       
    AK Southeast salmon purse              357  Humpback whale, central 
     seine.                                      North Pacific*+        
TRAWL FISHERIES:                                                        
    AK miscellaneous finfish pair            4  None documented         
     trawl.                                                             
Longline fisheries                                                      
    OR swordfish floating                    2  None documented         
     longline.                                                          
    OR blue shark floating                   1  None documented         
     longline.                                                          
------------------------------------------------------------------------
                              Category III                              
------------------------------------------------------------------------
GILLNESS FISHERIES                                                      
    AK Prince William Sound                 26  Steller sea lion,       
     salmon set gillnet.                         Western U.S.*+         
                                                Harbor seal, GOA*       
    AK Kuskokwim, Yukon, Norton          1,491  None documented         
     Sound, Kotzebue salmon                                             
     gillnet.                                                           
    AK roe herring and food/bait         1,687  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 coast
     gillnet (excluding treaty                                          
     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             4  Steller sea lion,       
     gillnet.                                    Western U.S.*+         
    Hawaii gillnet...............          115  Bottlenose dolphin, HI  
                                                Spinner dolphin, HI     
PURSE SEINE, BEACH SEINE, ROUND                                         
 HAUL AND THROW NET FISHERIES:                                          
    AK salmon purse seine (except          586  Harbor seal, GOA*       
     Southeast Alaska, which is                                         
     in Category II).                                                   
    AK salmon beach seine........            6  None documented         
    AK roe herring and food/bait           517  None documented         
     herring purse seine.                                               
    AK roe herring and food/bait             1  None documented         
     herring beach seine.                                               
    AK Metlakatla salmon purse              10  None documented         
     seine.                                                             
    AK octopus/squid purse seine.            2  None documented         
    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                 4  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         

[[Page 42811]]

                                                                        
    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         
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    None documented         
     pen.                                    1                          
    OR salmon ranch..............            1  None documented         
TROLL FISHERIES                                                         
    AK salmon troll..............         1149  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 fisheries.                                          
    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              840  None documented         
     long line/set line.                                                
    Miscellaneous finfish/                 594  Harbor seal, GOA *      
     groundfish longline/set line.              Harbor seal, Bering Sea 
                                                Dall's porpoise, AK     
                                                Steller sea lion,       
                                                 Western U.S.           
                                                Harbor seal, Southeast  
                                                 AK                     
                                                Northern elephant seal, 
                                                 CA breeding            
    HI swordfish, tuna, billfish,          140  Hawaiian monk seal*+    
     mahi mahi, wahoo, oceanic                  Humpback whale, Central 
     sharks longline/set line.                   North Pacific*+        
                                                Risso's dolphin, HI     
                                                Bottlenose dolphin, HI  
                                                Spinner dolphin, HI     
                                                Short-finned pilot      
                                                 whale, HI              
    WA, OR North Pacific halibut           350  None documented         
     longline/set line.                                                 
    AK southern Bering Sea,                762  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           
                                                Dall's porpoise, AK     
    AK halibut longline/set line         2,882  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 shark/bonito longline/set            10  None documented         
     line.                                                              
TRAWL FISHERIES:                                                        
    WA, OR, CA shrimp trawl......          300  None documented         
    AK shrimp otter trawl and               62  None documented         
     beam trawl (statewide and                                          
     Cook Inlet).                                                       
    AK Gulf of Alaska groundfish           201  Steller sea lion,       
     trawl.                                      Western U.S.*+         
                                                Northern fur seal,      
                                                 Eastern Pacific*       
                                                Harbor seal, GOA*       
                                                Dall's porpoise, AK     
                                                Northern elephant seal, 
                                                 CA breeding            
    AK Bering Sea and Aleutian             193  Steller sea lion,       
     Islands groundfish trawl.                   Western U.S.*+         
                                                Northern fur seal,      
                                                 Eastern 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         

[[Page 42812]]

                                                                        
                                                Spotted seal, AK        
                                                Dall's porpoise, AK     
                                                Ribbon seal, AK         
                                                Northern elephant seal, 
                                                 CA breeding            
                                                Sea otter, Southwest AK 
                                                Pacific Walrus , AK     
    AK state-managed waters of               5  None documented         
     Cook Inlet, Kachemak Bay,                                          
     Prince William Sound,                                              
     Southeast AK groundfish                                            
     trawl.                                                             
    AK miscellaneous finfish               312  None documented         
     otter or beam trawl.                                               
    AK food/bait herring trawl...            4  None documented         
    WA, OR, CA groundfish trawl..          585  Steller sea lion,       
                                                 Western U.S.*+         
                                                Northern fur seal,      
                                                 Eastern Pacific*       
                                                Pacific white-sided     
                                                 dolphin, central       
                                                North Pacific           
                                                Dall's porpoise, CA/OR/ 
                                                 WA                     
                                                California sea lion,    
                                                 U.S.                   
                                                Harbor seal, OR/WA coast
POT, RING NET, AND TRAP                                                 
 FISHERIES:                                                             
    AK crustacean pot............        1,496  Harbor porpoise,        
                                                 Southeast AK           
    AK Bering Sea, GOA finfish             274  Harbor seal, GOA*       
     pot.                                       Harbor seal, Bering Sea 
                                                Sea otter, Southwest AK 
    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,            None                          
     rock crab, fish potD608.       documented                          
    OR, CA hagfish pot or trap...           25  None documented         
    HI lobster trap..............           15  Hawaiian monk seal*+    
    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               266  None documented         
     handline and mechanical jig.                                       
    AK miscellaneous finfish               258  None documented         
     handline and 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 tuna......................          144  Rough-toothed dolphin,  
                                                 HI                     
    HI deep sea bottomfish.......          434  Hawaiian monk seal*+    
                                                Bottlenose dolphin, HI  
                                                Hawaiian monk seal*+    
    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            154  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/MECHINICAL COLLECTION                                        
 FISHERIES:                                                             
    AK abalone...................            9  None documented         
    AK dungeness crab............            3  None documented         
    AK herring spawn-on-kelp.....          200  None documented         
    AK urchin and other fish/              442  None documented         
     shellfish.                                                         
    AK clam hand shovel..........          162  None documented         
    AK clam mechanical/hydraulic1            9  None documented WA      
                                                 herring spawn-on-      
                                                 kelp4None 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.        

[[Page 42813]]

                                                                        
    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          > 4,000  None documented.        
     passenger fishing vessel.       (3,523 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 or is proposed to be listed as       
  strategic in the draft SARs for 1998.                                 
* Stock is listed as threatened or endangered under the Endangered      
  Species Act (ESA) or as depleted under the MMPA.                      
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 of    Marine mammal species/ 
       Fishery description           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* 
                                                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 sink gillnet.......          341  North Atlantic right    
                                                 whale, WNA*+           
                                                Humpback whale, WNA*+   
                                                Minke whale, Canadian   
                                                 east coast             
                                                Killer whale, WNA       
                                                White-sided dolphin,    
                                                 WNA*                   
                                                Bottlenose dolphin, WNA 
                                                 offshore               
                                                Harbor porpoise, GME/BF*
                                                Harbor seal, WNA        
                                                Gray seal, WNA          
                                                Common dolphin, WNA*    
                                                Fin whale, WNA*+ Spotted
                                                 dolphin, WNA           
                                                False killer whale, WNA 
                                                Harp seal, WNA          
LONGLINE FISHERIES:                                                     

[[Page 42814]]

                                                                        
    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.                                   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              12  Bottlenose dolphin, WNA 
     shark gillnet.                              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*                   
    Atlantic herring midwater               17  None documented         
     trawl (including pair trawl).                                      
PURSE SEINE FISHERIES:                                                  
    Gulf of Mexico menhaden purse           50  Bottlenose dolphin,     
     seine.                                      Western GMX coastal    
                                                Bottlenose dolphin,     
                                                 Northern GMX coastal   
HAUL SEINE FISHERIES:                                                   
    Mid-Atlantic 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/BF*
     Bays) inshore gillnet.                                             
    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.                                                           

[[Page 42815]]

                                                                        
    North Carolina inshore                  94  Bottlenose dolphin, WNA 
     gillnet.                                    coastal*+              
    Gulf of Mexico inshore             unknown  None documented         
     gillnet (black drum,                                               
     sheepshead, weakfish,                                              
     mullet, spot, croaker).                                            
    Gulf of Maine, Southeast U.S.        1,285  Minke whale, Canadian   
     Atlantic coastal shad,                      east coast             
     sturgeon gillnet.                          Harbor porpoise, GME/BF*
                                                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*             
    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*            
                                                Common dolphin, 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.                                                 
    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           l550  None documented         
     traw.                                                              
    Crab trawl...................          400  None documented         
    U.S. Atlantic monkfish trawl.      unknown  Common dolphin, WNA*    
MARINE AQUACULTURE FISHERIES:                                           
    Finfish aquaculture..........           48  Harbor seal, WNA        
    Shellfish aquaculture........      unknown  None documented         
PURSE SEINE FISHERIES:                                                  
    Gulf of Maine Atlantic                  30  Harbor porpoise, GME/BF*
     herring purse seine.                       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.                                                             
    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 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 42816]]

                                                                        
    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 or is proposed to be listed as       
  strategic in the draft SARs for 1998.                                 
+ Stock is listed as threatened or endangered under the ESA or as       
  depleted under the MMPA.                                              
 AAAList 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 1999, if 
adopted, would not have a significant 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 22,500 fishers are registered. The majority of these 
fishers do not need to register separately under this program 
because their registration has been coordinated with existing state 
or Federal registration programs. All fishers participating in 
Category I and II fisheries are required to register under the MMPA. 
This proposed rule would require the registration of additional 
fishers that are classified in Category II, including participants 
in the Atlantic herring midwater trawl fishery (17 participants) and 
in the Gulf of Mexico menhaden fishery (50 participants). Some of 
these fishers may currently participate in other Category II 
fisheries and, therefore, may already be required to register under 
the MMPA. 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 of which U.S. commercial fisheries may 
be required in 1999 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

[[Page 42817]]

Reduction Act; however, the proposed addition of two fisheries to 
Category II in the LOF would result in up to 70 new fishers being 
subject to collection-of-information requirements. Some of these 
fishers may currently participate in other Category II fisheries and, 
therefore, may already be required to register under the MMPA.
    The collection of information required for the reporting of marine 
mammal injuries or mortalities to NMFS and for the 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 systems 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.

References

    Barlow, J., et al. ``U.S. Pacific Marine Mammal Stock Assessments: 
1996. NOAA Tech. Mem. NMFS, NOAA-TM-NMFS-SWFSC-248.'' U.S. Dept. of 
Commerce, NOAA, National Marine Fisheries Service, Southwest Fisheries 
Science Center, 1997.

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine mammals, Reporting and recordkeeping 
requirements.
    For the reasons set out in the preamble, 50 CFR part 229 is 
proposed to be amended as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for part 229 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq.

    2. In Sec. 229.1, paragraph (f) is revised to read as follows:


Sec. 229.1  Purpose and scope.

* * * * *
    (f) Authorizations under this part do not apply to the intentional 
lethal taking of marine mammals in the course of commercial fishing 
operations except as provided for under Secs. 229.4(k) and 229.5(f).
* * * * *
    3. In Sec. 229.2, the definition of ``Category II fishery'' is 
amended by removing the word ``taking'' and adding in its place the 
term ``incidental serious injury and mortality'; the last sentence of 
paragraph (2) of the definition ``Category III fishery'' is revised; 
the definitions of ``Fisher'', ``Incidental, but not intentional take'' 
and ``Incidental mortality'' are removed; and the definitions of 
``Fisher or fisherman'', ``Incidental'' and ``Integrated Fishery'' are 
added, to read as follows:


Sec. 229.2  Definitions.

* * * * *
    Category III fishery. * * *. In the absence of reliable information 
indicating the frequency of incidental mortality and serious injury of 
marine mammals by a commercial fishery, the Assistant Administrator 
will determine whether the incidental serious injury or mortality is 
``remote'' by evaluating other factors such as fishing techniques, gear 
used, methods used to deter marine mammals, target species, seasons and 
areas fished, qualitative data from logbooks or fisher reports, 
stranding data, and the species and distribution of marine mammals in 
the area or at the discretion of the Assistant Administrator.
* * * * *
    Fisher or fisherman means the vessel owner or operator, or the 
owner or operator of gear in a nonvessel fishery.
* * * * *
    Incidental refers to a non-intentional or accidental act that 
results from, but is not the purpose of, carrying out an otherwise 
lawful action.
* * * * *
    Integrated fishery means a fishery for which the granting and the 
administration of Authorization Certificates have been integrated and 
coordinated with existing fishery license, registration, or permit 
systems and related programs.
* * * * *
    4. In Sec. 229.3, the word ``taking'' is removed from paragraph (c) 
and the term ``injury or mortality'' is added in its place, paragraphs 
(e) through (j) are redesignated as paragraphs (f) through (k), and new 
paragraph (e) is added to read as follows:


Sec. 229.3  Prohibitions.

* * * * *
    (e) It is prohibited to retain any marine mammal incidentally taken 
in commercial fishing operations unless authorized by NMFS personnel, 
designated contractors or an official observer, or by a scientific 
research permit that is in the possession of the vessel operator.
* * * * *


Sec. 229.4  [Amended]

    5. In Sec. 229.4, paragraph (b)(2)(v) is removed; paragraphs (b)(2) 
(vi) and (c) are redesignated as paragraphs (b)(2)(v) and (b)(2)(vi), 
respectively; paragraphs (d) through (m) are redesignated as paragraphs 
(c) through (l); and in newly redesignated paragraph (g), the word 
``onboard'' is removed.
    6. In Sec. 229.4, newly redesignated paragraphs (d)(1)(i) through 
(d)(1)(iii) are redesignated as paragraphs (d)(2)(i) through 
(d)(2)(iii); newly redesignated paragraphs (c) introductory text and, 
(c)(3) through (c)(5), (d)(1), (d)(2), and the first sentence of newly 
redesignated paragraph (e)(1) are revised; the last sentence of newly 
redesignated paragraph (d)(3) is removed; newly redesignated paragraph 
(e)(3) is amended by removing the term ``annual'' and newly 
redesignated paragraph (l) is amended by removing the phrase ``and 
annual decals''. Section 229.4, as amended, reads as follows:


Sec. 229.4  Requirements for Category I and II fisheries.

* * * * *
    (c) Address. Unless the granting and administration of 
authorizations under part 229 is integrated and coordinated with 
existing fishery licenses, registrations, or related programs pursuant 
to paragraph (a) of this section, requests for registration forms and 
completed registration and renewal forms should be sent to the NMFS 
Regional Offices as follows:
* * * * *
    (3) Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; telephone: 562-980-4001;
    (4) Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 
01930; telephone: 978-281-9254; or
    (5) Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702; telephone: 727-570-5312.
    (d) Issuance. (1) For integrated fisheries, an Authorization 
Certificate or other proof of registration will be issued annually to 
each fisher registered for that fishery.

[[Page 42818]]

    (2) For all other fisheries (i.e., non-integrated fisheries), NMFS 
will issue an Authorization Certificate and, if necessary, a decal to 
an owner or authorized representative who:
* * * * *
    (e) * * * (1) If a decal has been issued under the conditions 
specified in paragraph (e)(2) of this section, the decal must be 
attached to the vessel on the port side of the cabin or, in the absence 
of a cabin, on the forward port side of the hull, and must be free of 
obstruction and in good condition. * * *
* * * * *
    7. In Sec. 229.5, paragraph (c) is amended by removing the word 
``onboard''; paragraph (e) is amended by removing the phrase ``a 
Category I or II fishery'' and by adding in its place the phrase 
``commercial fishing operations''; and paragraph (d) is revised to read 
as follows:


Sec. 229.5  Requirements for Category III fisheries.

* * * * *
    (d) Monitoring. Vessel owners engaged in a Category III fishery 
must comply with the observer requirements specified under 
Sec. 229.7(d).
* * * * *
    8. In Sec. 229.6, paragraph (a) is amended by removing the words 
``Category I, II, and III'' and by adding in their place the word 
``commercial''; and paragraph (b) is revised to read as follows:


Sec. 229.6  Reporting requirements.

* * * * *
    (b) Participants in nonvessel fisheries must provide all of the 
information in paragraphs (a)(1) through (a)(4) of this section except, 
instead of providing the vessel name and vessel registration number, 
participants in nonvessel fisheries must provide the gear permit 
number.
* * * * *
    9. In Sec. 229.7, paragraphs (c)(4)(vi) and (c)(6) are removed; 
paragraphs (c)(4)(vii) through (c)(4)(x) are redesignated as paragraphs 
(c)(4)(vi) and (c)(4)(ix), respectively; the introductory text of 
paragraphs (b) and (c), and paragraphs (c)(1), (c)(2), (c)(4) 
introductory text, paragraph (c)(4)(i), newly redesignated (c)(4)(vi), 
and (c)(5), and (d) introductory text are revised to read as follows:


Sec. 229.7  Monitoring of incidental mortalities and serious injuries.

* * * * *
    (b) Observer program. Pursuant to paragraph (a) of this section, 
the Assistant Administrator may observe Category I and II vessels as 
necessary. Observers may, among other tasks:
* * * * *
    (c) Observer requirements for participants in Category I and II 
fisheries.
    (1) If requested by NMFS or by a designated contractor providing 
observer services to NMFS, a vessel owner/operator must take aboard an 
observer to accompany the vessel on fishing trips.
    (2) After being notified by NMFS, or by a designated contractor 
providing observer services to NMFS, that the vessel is required to 
carry an observer, the vessel owner/operator must comply with the 
notification by providing information requested within the specified 
time on scheduled or anticipated fishing trips.
* * * * *
    (4) The vessel owner/operator and crew must cooperate with the 
observer in the performance of the observer's duties including:
    (i) Providing, at no cost to the observer, the United States 
government, or the designated observer provider, food, toilet, bathing, 
sleeping accommodations, and other amenities that are equivalent to 
those provided to the crew, unless other arrangements are approved in 
advance by the Regional Administrator;
* * * * *
    (vi) Sampling, retaining and storing of marine mammal specimens, 
other protected species specimens, or target or non-target catch 
specimens, upon request by NMFS personnel, designated contractors, or 
the observer, if adequate facilities are available and if feasible;
* * * * *
    (5) Marine mammals or other specimens identified in paragraph 
(c)(4)(vi) which are readily accessible to crew members, must be 
brought on board the vessel and retained for the purposes of scientific 
research if feasible and requested by NMFS personnel, designated 
contractors, or the observer. Specimens so collected and retained must, 
upon request by NMFS personnel, designated contractors, or the 
observer, be retained in cold storage on board the vessel, if feasible, 
until removed at the request of NMFS personnel, designated contractors, 
or the observer, retrieved by authorized personnel of NMFS, or released 
by the observer for return to the ocean. These biological specimens may 
be transported on board the vessel during the fishing trip and back to 
port under this authorization.
    (d) Observer requirements for participants in Category III 
fisheries.
* * * * *
    10. In Sec. 229.8, the last sentence of paragraph (c) is 
redesignated as paragraph (d), and paragraph (b)(2) is revised to read 
as follows:


Sec. 229.8  Publication of List of Fisheries.

* * * * *
    (b) * * *
    (2) List the marine mammals that are incidentally injured or killed 
by commercial fishing operations and the estimated number of vessels or 
persons involved in each commercial fishery.
* * * * *
    11. In Sec. 229.9, paragraph (a)(3)(ii) is revised to read as 
follows:


Sec. 229.9  Emergency regulations.

    (a) * * *
    (3) * * *
    (ii) Immediately review the stock assessment for such stock or 
species and the classification of such commercial fishery under this 
section to determine if a take reduction team should be established and 
if recategorization of the fishery is warranted; and
* * * * *
    12. In Sec. 229.10, paragraphs (d) and (g)(1) are revised to read 
as follows:


Sec. 229.10  Penalties.

* * * * *
    (d) Failure to comply with take reduction plans or emergency 
regulations issued under this part may result in suspension or 
revocation of an Authorization Certificate, and failure to comply with 
a take reduction plan or emergency regulation is also subject to the 
penalties of sections 105 and 107 of the Act, and may be subject to the 
penalties of section 106 of the Act.
* * * * *
    (g) * * *
    (1) Until the Authorization Certificate holder complies with the 
regulations under this part, the Assistant Administrator shall suspend 
or revoke an Authorization Certificate or deny an annual renewal of an 
Authorization Certificate in accordance with the provisions in 15 CFR 
part 904 if the Authorization Certificate holder fails to report all 
incidental mortality and injury of marine mammals as required under 
Sec. 229.6; or fails to take aboard an observer if requested by NMFS or 
its designated contractors.
* * * * *


Sec. 229.11  [Amended]

    13. In Sec. 229.11, paragraph (b) is amended by removing the 
parenthetical phrase (see ADDRESSES).


Sec. 229.20  [Amended]

    14. In Sec. 229.20, paragraph (f) is amended by removing the 
reference to

[[Page 42819]]

``Sec. 229.21(b)'' and adding in its place a reference to 
``Sec. 229.20(b)''.
    15. Under subpart C, a new Sec. 229.30 is added to read as follows:


Sec. 229.30  Basis.

    Section 118(f)(9) of the Act authorizes the Director, NMFS, to 
impose regulations governing commercial fishing operations, when 
necessary, to implement a take reduction plan in order to protect or 
restore a marine mammal stock or species covered by such a plan.

    Dated: August 6, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 98-21533 Filed 8-10-98; 8:45 am]
BILLING CODE 3510-22-P