[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Proposed Rules]
[Pages 6545-6565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1542]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 010103003-1003-01, I.D. 083000B]
RIN 0648-AN92


List of Fisheries for 2001

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The National Marine Fisheries Service (NMFS) proposes changes 
for 2001 to the List of Fisheries (LOF) as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2001 reflects new 
information on interactions between commercial fisheries and marine 
mammals. Under the MMPA, NMFS must place a commercial fishery on the 
LOF into 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 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
requirements.

DATES: Comments must be received by March 8, 2001.

[[Page 6546]]


ADDRESSES: Send comments to Chief, Marine Mammal Division, Attn: List 
of Fisheries, 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 Chief, Marine Mammal Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910 and to the Office of Information and Regulatory Affairs, OMB, 
Attention: NOAA Desk Officer, Washington, DC 20503.
    Registration information and materials and marine mammal reporting 
forms may be obtained from the following regional offices:
    NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Sandra Arvilla.
    NMFS, Southeast Region, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702, Attn: Teletha Griffin.
    NMFS, Southwest Region, Protected Species Management Division, 501 
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Don 
Peterson.
    NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115, 
Attn: Permits Office.
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: Emily Hanson, Office of Protected 
Resources, 301-713-2322 ext. 101; Kim Thounhurst, Northeast Region, 
978-281-9138; Diane Borggaard, Southeast Region, 727-570-5312; Tim 
Price, Southwest Region, 562-980-4029; Brent Norberg, Northwest Region, 
206-526-6733; Michael Payne, Alaska Region, 907-586-7642. Individuals 
who use a telecommunications device for the deaf may call the Federal 
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. 
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

What Is the List of Fisheries?

    Under section 118 of the MMPA, NMFS must publish, at least 
annually, an LOF 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 that occurs in each fishery. The 
categorization of a fishery in the LOF determines whether participants 
in that fishery may be required to comply with certain provisions of 
the MMPA, such as registration, observer coverage, and take reduction 
plan requirements.

How Does NMFS Determine In Which Category a Fishery is Placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR part 229). In addition, these definitions are summarized in the 
preambles to the final rule implementing section 118 (60 FR 45086, 
August 30, 1995), the final LOF for 1996 (60 FR 67063, December 28, 
1995), and the proposed LOF for 1999 (63 FR 42803, August 11, 1998). 
These criteria are also 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. The PBR level is 
defined in 50 CFR 229.2 to mean the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population.
    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 II: 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 (60 FR 45086, August 30, 1995).

How Do I Find Out if a Specific Fishery is in Category I, II, or 
III?

    This proposed rule includes two tables that list all U.S. 
commercial fisheries by LOF Category. Table 2 lists all of the 
fisheries in the Pacific Ocean (including Alaska). Table 3 lists all of 
the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.

How Do I Register?

    Owners of vessels or gear engaging in a Category I or II fishery, 
are required under 50 CFR 229.4 to obtain a marine mammal 
authorization. You must register through a NMFS Regional Offices (see 
ADDRESSES) unless you participate in a fishery that has an integrated 
registration program. Upon receipt of a completed registration, NMFS 
will issue vessel or gear owners a decal to display on their vessels 
and an authorization certificate that must be in the possession of the 
operator while fishing. The procedures and fees associated with 
registration differ between Regions.
    For some fisheries, NMFS has integrated the MMPA registration 
process with existing state and Federal fishery license, registration, 
or permit systems and related programs. Participants in these fisheries 
are automatically registered under the MMPA and are not required to pay 
the $25 registration fee.

Which Fisheries Have Integrated Registration Programs?

    The following fisheries have integrated registration programs under 
the MMPA: All Alaska Category II fisheries; all Washington and Oregon 
Category II fisheries; and three Atlantic fisheries (the Gulf of Maine, 
U.S. mid-Atlantic lobster fishery, the Atlantic squid, mackerel, 
butterfish trawl fishery, and the Northeast sink gillnet fishery). 
Special procedures and instructions for registration in these 
integrated fisheries are described in the preamble to the final LOF for 
1998 (63 FR 5748, February 4, 1998).

How Do I Renew My Registration Under the MMPA?

    The Regional Offices annually send renewal packets to participants 
in Category I or II fisheries that have previously registered; however, 
it is your responsibility to ensure that registration or renewal forms 
are submitted to NMFS at least 30 days in advance of fishing. If you 
have not received a renewal packet by January 1, or are registering for 
the first time, request a registration form from the appropriate 
Regional Office (see ADDRESSES).

[[Page 6547]]

Am I Required to Submit Reports When I Injure or Kill a Marine 
Mammal During the Course of Commercial Fishing Operations?

    Any vessel owner or operator, or fisher (in the case of non-vessel 
fisheries), participating in a Category I, II, or III fishery must 
comply with 50 CFR 229.6 and report all incidental injuries or 
mortalities of marine mammals that occur during commercial fishing 
operations to NMFS. ``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 on how to submit reports can be found in 50 CFR 
229.6.

Am I Required to Take an Observer Aboard My Vessel?

    Fishers participating in a Category I or II fishery are required to 
accommodate an observer onboard your vessel(s) upon request. Observer 
requirements can be found in 50 CFR 229.7.

 Am I Required to Comply With Any Take Reduction Plan Regulations?

    Fishers participating in a Category I or II fishery are required to 
comply with any applicable take reduction plans. NMFS may develop and 
implement take reduction plans for any Category I or II fishery that 
interacts with a strategic stock.

Sources of Information Reviewed for the Proposed 2001 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the Stock Assessment Reports (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, observer 
program data, fisher self-reports, and other information that is not 
included in the SARs.
    NMFS' 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 information contained in the SARs is reviewed by regional 
scientific review groups (SRGs) representing Alaska, the Pacific coast 
(including Hawaii), and the Atlantic coast (including the Gulf of 
Mexico). The SRGs were created by the MMPA to review the science that 
goes into the stock assessment reports and advise NMFS on population 
status and trends, uncertainties in the science, research needs, and 
other issues.
    The proposed LOF for 2001 is based on information provided in the 
final SARs for 1996 (63 FR 60, January 2, 1998), the final SARs for 
1999 (65 FR 12514, March 9, 2000), and the draft SARs for 2000 (65 FR 
31520, May 18, 2000). The final SARs for 1999 and draft SARs for 2000 
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 2000 draft SARs changes as a result of public 
comments or additional review by the Scientific Review Groups, these 
updates will be incorporated in the final LOF for 2001.

Changes Resulting From New Draft SARs

    Tables 2 and 3 list 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. Information in 
Table 2 was updated to include the following changes in the final 1999 
Atlantic and Gulf of Mexico SARs and draft 2000 Atlantic and Gulf of 
Mexico SARs:
    1. The Northern Gulf of Mexico stock of dwarf sperm whales was 
designated as non-strategic.
    2. The Northern Gulf of Mexico stock of pygmy sperm whales was 
designated as non-strategic.
    3. The Western North Atlantic stock of Atlantic spotted dolphin was 
designated as non-strategic.
    4. The Western North Atlantic stock of pantropical spotted dolphin 
was designated as non-strategic.
    5. The Western North Atlantic stock of dwarf sperm whales was 
designated as non-strategic.
    6. The Western North Atlantic stock of long-finned pilot whales is 
proposed to be designated as strategic.
    The 1999 final Pacific SARs included updates to include new 
information on fishery mortality, fisher self-reporting, and stranding 
data through 1997, resulting in revisions to 11 stocks, but no changes 
to the status of any Pacific stocks. The draft 2000 Pacific SARs 
included a complete set of revised stock assessments for Pacific marine 
mammal stocks under NMFS jurisdiction, including the following changes 
in status:
    1. The California/Oregon/Washington stock of short-finned pilot 
whales is proposed to be designated as non-strategic;
    2. The Central California stock of harbor porpoise is proposed to 
be designated as strategic; and
    3. The Hawaii stock of false killer whales is proposed to be 
designated as strategic.
    The final 1999 Alaska SARs and draft 2000 Alaska SARs 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 in 
Alaska fisheries provided in Table 3 in the LOF reflects the number of 
permits fished in 1999. For those fisheries for which this information 
was not available, the number of permits issued in 1999 or the number 
of permits fished or issued in prior years were used to represent the 
number of participants. The new information did not change the status 
of any of the Alaska stocks.

Proposed Changes to the 2001 LOF

    NMFS is proposing specific changes to the LOF that would take 
effect in 2001. With the exception of the proposed changes, NMFS will 
retain the fishery classifications as published in the final LOF for 
1999 (64 FR 9067, February 24, 1999), and which continued to be 
effective in 2000 (65 FR 24448, April 26, 2000). NMFS solicits comments 
on the proposed changes and should be advised of any fishery that is 
not included in the LOF. As a result of comments or information 
received after the publication of the proposed 2001 LOF, NMFS may 
redefine existing fishery definitions, recategorize fisheries, or add 
and delete fisheries from this list for the final 2001 LOF.
    This proposed LOF addresses commercial fisheries only, but NMFS is 
currently working with the Atlantic States Marine Fisheries Commission 
and states, partly at the request of the Mid-Atlantic Harbor Porpoise 
Take Reduction Team, to look for ways to quantify and address 
recreational fisheries and marine mammal interactions. NMFS solicits 
comments on distinguishing between the commercial and recreational 
fishing sectors when analyzing marine mammal strandings that display 
evidence of fishery interactions.
    Table 1 has been added to the LOF to provide a summary of fisheries 
for which changes are proposed and to identify the type of change. The 
first column identifies the fishery as listed in the existing List of 
Fisheries, the middle column shows the proposed change, and the third 
column lists how the fishery is listed in the proposed 2001 LOF. The 
category of each fishery is indicated in parenthesis. A more

[[Page 6548]]

detailed discussion of the change made to each fishery follows in the 
text, organized by the type of change. Updates to the number of 
participants and to the marine mammal species and stocks incidentally 
injured and killed are not included in this table. Changes not 
reflected in Table 1 were either made directly to Tables 2 or 3 or are 
discussed in the ``Other Proposed Changes or Clarifications to the 
LOF'' section.

   Table 1--Summary of Changes Proposed for the 2001 List of Fisheries
------------------------------------------------------------------------
                                                      Fishery Listing in
Fishery Listing in the 2000 List    Proposed Change   Proposed 2001 List
          of Fisheries                                   of Fisheries
------------------------------------------------------------------------
   Commercial Fisheries in the
          Pacific Ocean
AK Clam Hand Shovel (III).......        Reorganized   AK Clam (III); AK
                                                       Clam Mechanical/
                                                       Hydraulic (III)
AK Octopus/Squid ``Other'' (III)            Renamed   AK Squid/Pot (III)
AK Southeast Alaska Herring Food/           Renamed   AK Southeast
 Bait Pound Net (III).                                 Herring Roe/Food/
                                                       Bait Pound Net
                                                       (III)
AK Southern Bering Sea, Aleutian        Reorganized   AK Bering Sea,
 Islands, and Western Gulf of                          Aleutian Islands
 Alaska Sablefish Longline/Set                         Groundfish
 Line (federally regulated                             Longline/Set Line
 Waters) (III); AK State Waters                        (federally
 Sablefish Longline/Set Line                           Regulated Waters,
 (III); AK Miscellaneous Finfish/                      including
 Groundfish Longline/Set Line                          miscellaneous
 (III).                                                finfish and
                                                       sablefish) (III);
                                                       AK Gulf of Alaska
                                                       Groundfish
                                                       Longline/Set Line
                                                       (federally
                                                       regulated waters,
                                                       including
                                                       miscellaneous
                                                       finfish and
                                                       sablefish) (III);
                                                       AK State-Managed
                                                       Waters,
                                                       Groundfish
                                                       Longline/Set Line
                                                       (including
                                                       sablefish,
                                                       rockfish, and
                                                       miscellaneous
                                                       finfish) (III)
Southeast AK Salmon Drift                   Renamed   AK Southeast
 Gillnet (II).                                         Salmon Drift
                                                       Gillnet (II)
Hawaii Swordfish, Tuna,               Recategorized   Hawaii Swordfish,
 Billfish, Mahi Mahi, Wahoo,                           Tuna, Billfish,
 Oceanic Sharks Longline/Set                           Mahi Mahi, Wahoo,
 Line (III).                                           Oceanic Sharks
                                                       Longline/Set Line
                                                       (II)
N/A.............................              Added   AK Herring Spawn
                                                       on Kelp Pound Net
                                                       (III)
N/A.............................              Added   AK Snail Pot (III)
N/A.............................              Added   California
                                                       Longline (II)
------------------------------------------------------------------------
     Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
                                Caribbean
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico      Reorganized and   Atlantic Blue Crab
 Blue Crab Trap/Pot (III).            Recategorized    Trap/Pot (II);
                                                       Gulf of Mexico
                                                       Blue Crab Trap/
                                                       Pot (II);
                                                       Northeast Trap/
                                                       Pot (II)
Atlantic Ocean, Caribbean, Gulf             Removed   N/A
 of Mexico Large Pelagics Drift
 Gillnet (I).
Atlantic Squid, Mackerel,             Recategorized   Atlantic Squid,
 Butterfish Trawl (II).                                Mackerel,
                                                       Butterfish Trawl
                                                       (I)
Bluefish, Croaker, Flounder             Reorganized   Mid-Atlantic Mixed
 Trawl Fishery (III).                                  Species Trawl
                                                       Fishery (III)
Gulf of Maine Small Pelagics                Renamed   Northeast Anchored
 Surface Gillnet (II).                                 Pelagic Gillnet
                                                       (II)
Gulf of Maine, Southeast U.S.       Reorganized and   Southeast Atlantic
 Atlantic Coastal Shad, Sturgeon      Recategorized    Gillnet (II);
 Gillnet (III)                                         Northeast Sink
                                                       Gillnet (I);
                                                       Northeast
                                                       Anchored Pelagic
                                                       Gillnet (II);
                                                       Northeast Drift
                                                       Gillnet (II)
Gulf of Maine/U.S. Mid-Atlantic             Renamed   Northeast/Mid-
 Lobster Trap/Pot (I).                                 Atlantic American
                                                       Lobster Trap/Pot
                                                       (I)
Gulf of Maine, U.S. Mid-Atlantic    Reorganized and   Northeast Trap/Pot
 Mixed Species Trap/Pot (III).        Recategorized    (II); Mid-
                                                       Atlantic Mixed
                                                       Species Trap/Pot
                                                       (III)
Gulf of Mexico Inshore Gillnet      Reorganized and   Gulf of Mexico
 (III) Gulf of Mexico Coastal         Recategorized    Gillnet (II)
 Gillnet (III); Gulf of Mexico
 King and Spanish Mackerel
 Gillnet (III).
Mid-Atlantic Coastal Gillnet          Recategorized   Mid-Atlantic
 (II).                                                 Coastal Gillnet
                                                       (I)
Mid-Atlantic Haul Seine (II)....    Reorganized and   North Carolina
                                            Renamed    Long Haul Seine
                                                       (II); Mid-
                                                       Atlantic Haul/
                                                       Beach Seine (II)
U.S. Mid-Atlantic Mixed Species             Renamed   U.S. Mid-Atlantic
 Stop/Seine/Weir (III).                                Mixed Species
                                                       Stop Seine/Weir
                                                       (except the North
                                                       Carolina Roe
                                                       Mullet Stop Net)
                                                       (III)
Mid-Atlantic, Southeastern U.S.             Renamed   Southeastern U.S.
 Atlantic, Gulf of Mexico Shrimp                       Atlantic, Gulf of
 Trawl (III).                                          Mexico Shrimp/
                                                       Trawl Fishery
                                                       (III)
North Carolina Inshore Gillnet        Recategorized   North Carolina
 (III).                                                Inshore Gillnet
                                                       (II)
Southeastern U.S. Atlantic,         Reorganized and   Southeastern U.S.
 Caribbean Haul Seine (III);                Renamed    Atlantic Haul/
 Caribbean Beach Seine (III).                          Beach Seine
                                                       (III); Caribbean
                                                       Haul/Beach Seine
                                                       (III)
All Southeastern Atlantic           Reorganized and   Southeast Atlantic
 Gillnet Fisheries (except for        Recategorized    Gillnet (II)
 Category II Shark Gillnet);
 Florida East Coast King and
 Spanish Mackerel Gillnet (III).
Southeastern U.S. Atlantic, Gulf            Renamed   Southeastern U.S.
 of Mexico Snapper-Grouper and                         Atlantic, Gulf of
 Other Reef Fish Bottom Longline/                      Mexico, and
 Hook-and-Line(III).                                   Caribbean Snapper-
                                                       Grouper and Other
                                                       Reef Fish Bottom
                                                       Longline/Hook-and-
                                                       Line(III)
Southeastern U.S. Atlantic, Gulf        Reorganized   Florida Spiny
 of Mexico, Caribbean Spiny                            Lobster Trap/Pot
 Lobster Trap/Pot(III).                                (III); Caribbean
                                                       Spiny Lobster
                                                       Trap/Pot(III)
N/A.............................              Added   Caribbean Gillnet
                                                       (III)
N/A.............................              Added   Caribbean Mixed
                                                       Species Trap/Pot
                                                       (III)
N/A.............................              Added   Gulf of Mexico
                                                       Haul/Beach Seine
                                                       (III)
N/A.............................              Added   Gulf of Mexico
                                                       Mixed Species
                                                       Trap/Pot (III)
N/A.............................              Added   Gulf of Mexico
                                                       Mixed Species
                                                       Trawl (III)
  ..............................              Added   Gulf of Mexico,
                                                       Southeast
                                                       Atlantic, Mid-
                                                       Atlantic, and
                                                       Caribbean Cast
                                                       Net (III)
N/A.............................              Added   Mid-Atlantic Pound
                                                       Net (II)
N/A.............................              Added   North Carolina
                                                       Long Haul Seine
                                                       (II)
N/A.............................              Added   Northeast Drift
                                                       Gillnet (II)
N/A.............................              Added   Northeast Trap/Pot
                                                       (II)

[[Page 6549]]

 
N/A.............................              Added   Southeastern U.S.
                                                       Atlantic, Gulf of
                                                       Mexico Golden
                                                       Crab Trap/Pot
                                                       (III)
N/A.............................              Added   Southeastern U.S.
                                                       Atlantic, Gulf of
                                                       Mexico Stone Crab
                                                       Trap/Pot (III)
------------------------------------------------------------------------

Fisheries Elevated to Category I

Atlantic Squid, Mackerel, Butterfish Trawl Fishery

    NMFS proposes to elevate the Atlantic Squid, Mackerel, Butterfish 
Trawl Fishery to Category I as justified by the following tier 
analysis. Marine mammal species and stocks incidentally injured and 
killed by the Atlantic Squid, Mackerel, Butterfish Fishery during the 
1996-1998 period include: common dolphin (WNA stock), white-sided 
dolphin (WNA stock), and Globicephala, sp. (includes long-finned and/or 
short-finned pilot whales)(WNA stock).
    Tier 1 Evaluation: The NMFS Sea Sampling program recorded takes of 
pilot whales (WNA stock), Atlantic white-sided dolphins (WNA stock), 
and common dolphins (WNA stock) between 1996-1998. According to data 
presented in the draft 2000 SAR, annual serious injury and mortality 
across all fisheries for the pilot whale, white-sided dolphin, and 
common dolphin stocks exceeds 10 percent of the PBR level (78, 184, and 
107, respectively). Therefore, this fishery is subject to Tier 2 
analysis.
    Tier 2 Evaluation: Bycatch analysis for this fishery during the 
1996-1998 period is reported in the draft 2000 SAR. The analysis 
resulted in an estimated average mortality rate for this fishery of 43 
pilot whales and 367 common dolphins per year, which is greater than 50 
percent of the PBR level for both stocks. Therefore, this fishery is 
proposed to be elevated to Category I.

Mid-Atlantic Coastal Gillnet Fishery

    NMFS proposes to elevate the Mid-Atlantic Coastal Gillnet fishery 
to Category I based on new observer bycatch information about 
bottlenose dolphins (WNA coastal stock) presented in the draft 2000 
SAR. The geographic boundaries of the Mid-Atlantic Coastal Gillnet 
Fishery would be maintained. This fishery includes all gillnet fishing 
that is south of Long Island, landward of the 72 deg.30' W. line, and 
north of a line extending due east from the North Carolina/South 
Carolina border. However, the Mid-Atlantic Coastal Gillnet Fishery 
would not include the Category III inshore gillnet fisheries, which are 
not changed on the LOF.
    Marine mammal species and stocks incidentally injured and killed in 
the Mid-Atlantic Coastal Gillnet Fishery include: bottlenose dolphin 
(WNA coastal stock), harbor porpoise (Gulf of Maine/Bay of Fundy 
stock), harbor seal (WNA stock), harp seal (WNA stock), humpback whale 
(undetermined North Atlantic stock), minke whale, (WNA stock), 
Globicephala, sp. (includes long-finned and/or short-finned pilot 
whales) (WNA stock), white-sided dolphin (WNA stock), and common 
dolphin (WNA stock).
    The tier analysis justifying this change follows:
    Tier 1 Evaluation: The NMFS Sea Sampling program has documented 
takes of coastal bottlenose dolphins in the Mid-Atlantic Coastal 
Gillnet Fishery. Incidental mortality and serious injury of bottlenose 
dolphin (WNA coastal stock) across all fisheries exceeds 10 percent of 
the PBR level (25). Therefore, this fishery is subject to Tier 2 
analysis.
    Tier 2 Evaluation: The draft 2000 SAR reports that the total annual 
estimated average fishery-related mortality or serious injury to 
bottlenose dolphin (WNA coastal stock) by mid-Atlantic coastal gillnets 
during 1994-1998 was 45.8 bottlenose dolphins, which is greater than 50 
percent of the PBR level (25) for this stock. Therefore, NMFS proposes 
to elevate this fishery to Category I.

Fisheries Elevated to Category II

Atlantic Blue Crab Trap/Pot Fishery

    NMFS proposes to rename the Atlantic portion of the Category III 
Atlantic Ocean, Gulf of Mexico Blue Crab Trap/Pot Fishery the Atlantic 
Blue Crab Trap/Pot Fishery and elevate the fishery to Category II based 
on a review of fishery interaction data from bottlenose dolphin 
strandings in the southeastern Atlantic. The geographic range of this 
fishery would extend from 72 deg.30' W. longitude south from Long 
Island to Florida's Atlantic coast. The blue crab is distributed along 
the entire East Coast. However, data suggest that significant fishing 
effort does not occur north of 72 deg.30' W. longitude. This northern 
boundary would also encompass most of the distribution of coastal 
bottlenose dolphins along the East Coast. Any blue crab pot effort 
north of 72 deg.30' W. longitude would be included in the Northeast 
Trap/Pot Fishery.
    The marine mammal species and stocks incidentally injured and 
killed include the bottlenose dolphin (WNA coastal stock) and West 
Indian manatee (FL stock). NMFS is presently evaluating this fishery to 
determine the number of participants, although historic numbers 
indicate that there may be at least 16,000 participants in this 
fishery. NMFS will also consider registration options for this fishery 
that will minimize the registration burden on fishers. The tier 
analysis justifying this change follows:
    Tier 1 Evaluation: Incidental mortality and serious injury of 
bottlenose dolphins (WNA coastal stock) across all fisheries is greater 
than 10 percent of the PBR level (25), therefore this fishery is 
subject to Tier 2 analysis.
    Tier 2 Evaluation: Between 1994 and 1998, 22 bottlenose dolphin 
carcasses (4.4 dolphins per year on average) recovered by the Stranding 
Network between North Carolina and Florida's Atlantic coast displayed 
evidence of possible interaction with a trap/pot fishery (i.e., rope 
and/or pots attached, or rope marks). Additionally, although not 
included in the analysis, at least two dolphins were reported to be 
released alive (condition unknown) from blue crab traps/pots during 
this time period.
    Given that other sources of annual serious injury and mortality 
estimates (e.g., observer data) related to the Atlantic Blue Crab Trap/
Pot Fishery are unavailable, the stranding data (4.4 bottlenose 
dolphins per year) were used as a minimum estimate of annual serious 
injury and mortality. Therefore, bottlenose dolphin (WNA coastal stock) 
mortality and serious injury from the Atlantic Blue Crab Trap/Pot 
Fishery is estimated to be between 1 percent and 50 percent of the PBR 
level (25), warranting placement of this fishery in Category II.

Gulf of Mexico Blue Crab Trap/Pot Fishery

    NMFS proposes to rename the Gulf of Mexico portion of the Category 
III Atlantic Ocean, Gulf of Mexico Blue

[[Page 6550]]

Crab Trap/Pot Fishery to the Gulf of Mexico Blue Crab Trap/Pot Fishery 
and elevate this fishery to Category II based on a review of fishery 
interaction data from bottlenose dolphin strandings in the Gulf of 
Mexico. The marine mammal species and stocks incidentally injured and 
killed include the bottlenose dolphin (Western, Eastern, and Northern 
Gulf of Mexico stocks and Gulf of Mexico Bay, Sound, and Estuarine 
stock), and West Indian manatee (FL stock). There are approximately 
4,113 commercial blue crab fishers in the Gulf of Mexico. NMFS will 
consider registration options for this fishery that will minimize the 
registration burden on fishers. The tier analysis justifying this 
change follows:
    Tier 1 Evaluation: As noted in the tier analysis for the Gulf of 
Mexico gillnet fishery, total annual mortality and serious injury of 
bottlenose dolphin (Gulf of Mexico Bay, Sound, and Estuarine stock) 
exceeds 10 percent of the PBR level (39.7), and, therefore, the Gulf of 
Mexico Blue Crab Trap/Pot Fishery is subject to Tier 2 analysis.
    Tier 2 Evaluation: Between 1994 and 1998, seven bottlenose dolphin 
carcasses (1.4 dolphins per year on average) recovered by the Gulf of 
Mexico stranding network displayed evidence of possible interaction 
with a trap/pot fishery (i.e., rope and/or pots attached, or rope 
marks). Additionally, although not included in the analysis, at least 1 
dolphin was reported to be released alive (condition unknown) from a 
blue crab trap/pot in the Gulf of Mexico during this time period.
    Because the Gulf of Mexico Blue Trap/Pot Fishery occurs 
predominantly in inshore waters, NMFS combined the PBR of the tentative 
Gulf of Mexico Bay, Sound and Estuarine stocks from Florida's Gulf 
coast to the Mississippi River mouth (39.5).
    Given that other sources of annual serious injury and mortality 
estimates (e.g., observer data) related to the Gulf of Mexico Blue Crab 
Trap/Pot Fishery are unavailable, the stranding data (0.8 bottlenose 
dolphins per year) were used as a minimum estimate of annual serious 
injury and mortality. Therefore, bottlenose dolphin mortality and 
serious injury from the Gulf of Mexico Blue Trap/Pot Fishery is 
estimated to be between 1 percent and 50 percent of the PBR level 
(39.7) for bottlenose dolphins (Gulf of Mexico Bay, Sound, and 
Estuarine stock), placing this fishery in Category II.

Gulf of Mexico Gillnet Fishery

    NMFS proposes to combine the Gulf of Mexico Inshore Gillnet 
Fishery, the Gulf of Mexico Coastal Gillnet Fishery, and the Gulf of 
Mexico King and Spanish Mackerel Gillnet Fishery into a new Gulf of 
Mexico Gillnet Fishery. The COLREGS line\1\ is presently used to divide 
the Gulf of Mexico Inshore Gillnet Fisheries (i.e., fisheries occurring 
in bays, sounds, or estuaries) from the Gulf of Mexico Coastal Gillnet 
Fisheries, but NMFS has learned that similar gillnet fisheries occur 
both inside and outside of the COLREGS line. Therefore, NMFS proposes 
to combine these fisheries in the LOF for clarity. The Gulf of Mexico 
Gillnet Fishery has 734 participants.
---------------------------------------------------------------------------

    \1\ As defined in 33 CFR part 80, COLREGS demarcation lines 
delineate those waters upon which mariners shall comply with the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS) and those water upon which mariners shall comply with the 
Inland Navigation Rules. The waters inside of the lines are Inland 
Rules waters. The waters outside the lines are COLREGS waters. 
COLREGS demarcation lines are depicted or noted on nautical charts 
published by NOAA (Coast Charts 1:80,000 scale) and described in 33 
CFR part 80.
---------------------------------------------------------------------------

    Based on analogy with other gillnet fisheries, the Atlantic 
Scientific Review Group (ASRG) recommendation that NMFS elevate all 
gillnet fisheries to at least Category II (unless evidence to the 
contrary is available), a NOAA memo indicating that stranding data 
substantially underestimate human related mortality levels (August 6, 
1999, NOAA Memo from R. Merrick and S. Swartz to D. Wieting), and the 
actual stranding data presented in the following tier analysis, NMFS is 
proposing to elevate the Gulf of Mexico Gillnet Fisheries to Category 
II. The species and stocks incidentally injured and killed include 
bottlenose dolphin (Gulf of Mexico Western, Northern, and Eastern 
Coastal Stocks and the Gulf of Mexico Bay, Sound and Estuarine Stock).
    Tier 1 Evaluation: The Gulf of Mexico Menhaden Purse Seine Fishery, 
a Category II fishery, has documented interactions with coastal stocks 
of bottlenose dolphin, which exceed 10 percent of the combined PBR 
level (154) for the Western, Northern and Eastern coastal bottlenose 
dolphin stocks. Therefore the Gulf of Mexico Coastal Gillnet Fishery is 
subject to Tier 2 analysis.
    For the Gulf of Mexico Bay, Sound and Estuarine Stock of bottlenose 
dolphin (which was not affected by the menhaden purse seine fishery and 
thus not part of the previous tier analysis), the total annual 
mortality and serious injury exceeds 10 percent of the PBR level 
(39.7). Therefore, the Gulf of Mexico Inshore Gillnet Fishery is also 
subject to Tier 2 analysis and data on this fishery will be combined 
with the coastal gillnet fishery for the Tier 2 analysis on the Gulf of 
Mexico gillnet fishery.
    Tier 2 Evaluation: Between 1994 and 1998, the stranding network in 
the Gulf of Mexico recovered 35 bottlenose dolphins that died as a 
result of fishery interactions. Of these, up to 10 carcasses showed 
evidence of gillnet interactions (i.e., attached gillnet and net 
marks): one in the eastern Gulf of Mexico, eight in the northern Gulf 
of Mexico, and one in the western Gulf of Mexico, for an average of two 
bottlenose dolphin mortalities recovered by the U.S. stranding network 
per year with evidence of gillnet interactions.
    Conclusive stock structure information on bottlenose dolphins in 
the Gulf of Mexico is not yet available, so currently NMFS is generally 
unable to identify from which stock stranded bottlenose dolphin 
originate. To take this uncertainty into consideration, NMFS combined 
the PBR levels across the Gulf of Mexico Western (29), Northern (35), 
and Eastern (90) coastal stocks (total PBR level of 154) and the Gulf 
of Mexico Bay, Sound and Estuarine stock (39.7) for a total PBR level 
in the Gulf of Mexico of 193.7.
    Given that the Gulf of Mexico Gillnet Fisheries have not been 
observed to date, the stranding data (two bottlenose dolphins per year) 
were used as a minimum estimate of annual serious injury and mortality. 
Therefore, bottlenose dolphin mortality and serious injury from these 
fisheries is estimated to be between 1 percent and 50 percent of the 
PBR level (193.7), placing this fishery in Category II. As noted in the 
August 6, 1999, NOAA Memo from R. Merrick and S. Swartz to D. Wieting, 
it is believed that true mortality rates are higher than what stranding 
data indicate.
    Preliminary breakdown by area and stock for bottlenose dolphin 
found in bays, sounds, and estuaries (i.e., inside the COLREGS line) 
supports a Category II classification for at least one of the areas/
stocks. For example, in the Bay Boudreau and Mississippi Sound (Block 
B02-05, 29, 31), one dead dolphin was recovered by the southeast U.S. 
stranding network on average per year with evidence of a gillnet 
interaction. Annual serious injury and mortality related to the inshore 
gillnet fishery for this stock is between 1 percent and 50 percent of 
the PBR level (13).
    Most stranded animals used in the analyses with evidence of gillnet 
interactions occurred in the northern Gulf of Mexico. Net bans in state 
waters off of Florida and Texas may explain why most stranded animals 
with evidence of a gillnet interaction

[[Page 6551]]

occurred in the northern Gulf of Mexico. Gillnet fisheries may occur in 
Federal waters off of Florida and Texas, but resulting marine mammal 
mortalities may occur too far offshore to be reflected in the beach 
strandings.

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

    NMFS proposes to elevate the Hawaii Swordfish, Tuna, Billfish, Mahi 
Mahi, Wahoo, Oceanic Sharks Longline/Set Line Fishery (Hawaii longline 
fishery) to Category II because of the diversity of marine mammal 
species that have been documented to interact with the fishery, 
including false killer whales (Hawaiian stock), Risso's dolphin 
(Hawaiian stock), bottlenose dolphin (Hawaiian stock), spinner dolphin 
(Hawaiian stock), and short-finned pilot whales (Hawaiian stock). The 
draft 2000 Pacific SARs present data about these stocks of marine 
mammals and calculate a rate of interaction between the Hawaii longline 
fishery and each stock based on observer data. However, the abundance 
estimate and PBR for each stock is based on twelve aerial surveys 
conducted within approximately 25 nautical miles of the main Hawaiian 
Islands in 1993, 1995, and 1998, and therefore underestimates the 
abundance and PBR for each stock within the U.S. Exclusive Economic 
Zone (EEZ) off of Hawaii. NMFS also has records of an interaction 
between the Hawaii longline fishery and a sperm whale (Hawaiian stock) 
in 1999 and a humpback whale (Central North Pacific stock) in 1991. 
Regardless of the limitations of the abundance estimates and PBRs, 
observer data show that the Hawaii longline fishery has occasional 
interactions with marine mammals and should therefore be elevated to 
Category II. In addition, the recategorization of this fishery from 
Category III to Category II is consistent with the way NMFS has 
addressed other U.S. pelagic longline fisheries, all of which are 
Category I or II.

North Carolina Inshore Gillnet Fishery

    NMFS proposes to elevate the North Carolina Inshore Gillnet Fishery 
to Category II. A Geographic Information System (GIS) analysis was 
performed on fisheries interaction data from bottlenose dolphin 
strandings in North Carolina to confirm locations as inside (inshore) 
or outside (coastal) of the COLREGS line currently used to distinguish 
between North Carolina's inshore and coastal gillnet fisheries. The 
analysis revealed 12 fishery interaction-related strandings in inshore 
waters. The tier analysis justifying the elevation follows:
    Tier 1 Evaluation: Incidental mortality and serious injury across 
all fisheries for bottlenose dolphins (WNA coastal stock) is greater 
than 10 percent of the PBR level (25). This fishery is thus subject to 
Tier 2 analysis.
    Tier 2 Evaluation: Between 1993 and 1997, 12 bottlenose dolphins 
that died as a result of fishery interactions were recovered from 
inshore waters in North Carolina. Of these, eight carcasses bore 
evidence of possible gillnet interaction. Of the carcasses stranding 
inshore and displaying evidence of gillnet interactions, two were 
clearly attributable to gillnet interactions (i.e., visible 
monofilament net marks and/or gear present on the carcass). Counting 
only these latter two animals, there were 0.4 dead bottlenose dolphins 
with clear evidence of gillnet interactions recovered from inshore 
waters by the southeast U.S. stranding network on average per year. 
Additionally, although not included in the analysis, a live dolphin 
entangled in a gillnet in inshore waters was disentangled and released 
in September of 1997.
    Given that an annual serious injury and mortality estimate related 
to the North Carolina Inshore Gillnet Fishery has not been calculated 
to date, the stranding data (0.4 bottlenose dolphins per year) was used 
as a minimum estimate of annual serious injury and mortality. 
Therefore, bottlenose dolphin (WNA coastal stock) mortality and serious 
injury from the North Carolina Inshore Gillnet Fishery is estimated to 
be between 1 percent and 50 percent of the PBR level (25), placing this 
fishery in Category II.
    Other inshore gillnet fisheries in the Mid-Atlantic will be re-
evaluated in a future LOF cycle for consistency with the changes 
proposed this year.

Southeast Atlantic Gillnet Fishery

    NMFS proposes to include all southeast Atlantic gillnet fisheries 
(excluding the separate Category II Southeastern U.S. Atlantic Shark 
Gillnet Fishery) into one gillnet fishery complex named the Southeast 
Atlantic Gillnet Fishery for two reasons: (1) New information indicates 
a more extensive use of stab nets (i.e., sink gillnets) in the fishery 
for coastal migratory pelagics than was previously known, and (2) the 
Florida net ban has resulted in the redistribution of effort from state 
gillnet fisheries (e.g., for pompano, spot, croaker) into Federal 
waters. The Florida East Coast Pelagics King and Spanish Mackerel 
Gillnet Fisheries are included in this proposed new fishery. Gillnet 
fishing for shad in the southeast would also be included in this 
proposed fishery (see proposal for Gulf of Maine, Southeast U.S. 
Atlantic Coastal Shad, Sturgeon Gillnet Fishery). There are 
approximately 640 participants in this fishery: 279 participants 
gillnetting for various target species in the southeast Atlantic, and 
361 participants from the Southeast shad component of the Gulf of 
Mexico, Southeast, U.S. Atlantic Coastal Shad, Sturgeon Gillnet 
Fishery. This number includes recreational fishermen who have a South 
Carolina commercial shad license. Presently, it is not possible to 
determine the number of recreational versus commercial fishers who have 
a commercial shad license. NMFS will revise the number of participants 
to exclude recreational fishermen in a future LOF cycle if the 
information necessary to do this becomes available.
    Based on analogy with other gillnet fisheries, the ASRG 
recommendation that NMFS elevate all gillnet fisheries to at least 
Category II (unless evidence to the contrary is available), and a 
review of stranding records from 1994-1998, NMFS proposes to place this 
fishery in Category II. The marine mammal species and stock 
incidentally injured and killed is bottlenose dolphin (WNA coastal 
stock). The tier analysis justifying this change follows:
    Tier 1 Evaluation: Incidental mortality and serious injury across 
all fisheries for bottlenose dolphin (WNA coastal stock) is greater 
than 10 percent of the PBR level (25). This fishery is thus subject to 
Tier 2 analysis.
    Tier 2 Evaluation: Between 1994 and 1998, 44 bottlenose dolphins 
that died as a result of fishery interactions were recovered by 
stranding network members in South Carolina, Georgia, and the Atlantic 
coast of Florida. Of these, five carcasses (1 dolphin per year on 
average) bore evidence of a possible gillnet interaction (attached 
gillnet and net marks).
    Given that an annual serious injury and mortality estimate related 
to the Southeast Atlantic Gillnet Fishery has not been calculated to 
date, the stranding data (one bottlenose dolphin per year) was used as 
a minimum estimate of annual serious injury and mortality. Therefore, 
bottlenose dolphin (WNA coastal stock) mortality and serious injury 
from the Southeast Atlantic Gillnet Fishery is estimated to be between 
1 percent and 50 percent of the PBR level (25), placing this fishery in 
Category II. Fisheries Added to the LOF

Alaska Herring Spawn On Kelp Pound Net Fishery

    NMFS proposes to add the Alaska Herring Spawn on Kelp Pound Net 
Fishery to the LOF as a Category III

[[Page 6552]]

fishery. This fishery would include fisheries of Southeast Alaska and 
Prince William Sound. These fisheries were previously on the LOF as 
Category III fisheries, but they had become inactive and were removed 
in 1993. These fisheries have become active again.

Alaska Snail Pot Fishery

    NMFS proposes to add the AK Snail Pot Fishery to the LOF as a 
Category III fishery. This small fishery targets three species of sea 
snails in the Bering Sea (typically north and west of the Pribilof 
Islands), using extremely small pots (less than 18 inches (45.7 cm) 
across). This is an extremely temporary and opportunistic fishery, 
typically occurring after the opilio crab fishery. Activity in the 
fishery is completely market driven, and while there were four permits 
fished in 1997, in 1998 there were no landings. According to Alaska 
Department of Fish and Game, it would not be impossible, but extremely 
unlikely for a marine mammal to get entangled in this gear. The fishery 
was observed for crab bycatch, and subsequently has been exempted from 
observer coverage since none was found. All other pot fisheries in AK 
are currently Category III fisheries.

 California Longline Fishery

    NMFS proposes to add the California Longline Fishery to the LOF as 
a Category II fishery. This fishery is directed primarily towards 
swordfish caught outside of the U.S. EEZ off of California. Longline 
vessels unloading their catch in California ports are required to fish 
outside of the U.S. EEZ and have a California state commercial fishing 
license. Currently, approximately 40 to 50 longline vessels unload in 
California. Traditionally, many of these vessels landed in Hawaii, but 
closures around the Hawaiian Islands have moved fishing effort farther 
east, and as a result some longline vessels now land in California. The 
California longline fishery is currently not covered by a fishery 
management plan (FMP), nor is it subject to any requirements to carry 
observers. However, the Pacific Fishery Management Council is in the 
process of developing a pelagic FMP that will include the California 
longline fishery. The FMP is expected to be finalized in 2002.
    Preliminary catch data has been compiled for the California 
longline fishery from skipper logbooks, dated between August 1, 1995 
and December 31, 1999. The logbooks do not report any whale or dolphin 
interactions, but do show interactions with California sea lions and a 
Hawaiian monk seal. However, because the California longline fishery 
does not operate in the same area that Hawaiian monk seals occur, NMFS 
believes the Hawaiian monk seal identification may be incorrect. 
Regardless, the gear and methods of fishing by the California longline 
fishery are similar to those of the Hawaiian longline fishery. 
Therefore, NMFS expects that the California Longline Fishery will 
occasionally interact with marine mammals. For this reason, this 
fishery is proposed to be added to the LOF as a Category II fishery. 
The categorization of this fishery in Category II is consistent with 
the way NMFS has addressed other U.S. pelagic longline fisheries, all 
of which are Category I or II.

Caribbean Gillnet Fishery

    NMFS proposes to add the Caribbean Gillnet Fishery to the LOF as a 
Category III fishery. NMFS is currently examining this fishery, and 
will determine in a future LOF if a Category II designation is more 
appropriate. The marine mammal species and stocks incidentally injured 
and killed include dwarf sperm whales (WNA stock) and West Indian 
manatees (Antillean stock). During the last 10 years, the Caribbean 
stranding network has recorded a gillnet interaction with a dwarf sperm 
whale from the Western North Atlantic stock. During the last 20 years, 
West Indian manatees have interacted with gillnet gear in the 
Caribbean. There are 991 gillnet (including trammel net) fishers in 
Puerto Rico. The number of participants in the U.S. Virgin Islands is 
unknown.

Caribbean Mixed Species Trap/Pot Fishery

    Mixed species trap/pot fisheries exist in the Caribbean but were 
omitted from past LOFs. NMFS proposes to add the Caribbean Mixed 
Species Trap/Pot Fishery to the LOF as a Category III fishery. There 
are 501 mixed species trap/pot fishers in Puerto Rico. The number of 
participants in the U.S. Virgin Islands is unknown. NMFS is presently 
evaluating this fishery to determine if any species and stocks of 
marine mammals are incidentally injured and killed.

Gulf of Mexico Haul/Beach Seine Fishery

    The Gulf of Mexico Haul/Beach Seine Fishery was omitted from past 
LOFs. NMFS proposes to add this fishery to the LOF as a Category III 
fishery. NMFS believes the specific gear configuration used and 
operational practices employed (i.e short soak times) warrant a 
Category III designation for this fishery. At present, no marine mammal 
interactions are documented.

Gulf of Mexico Mixed Species Trap/Pot Fishery

    Mixed species trap/pot fisheries exist in the Gulf of Mexico, but 
were omitted from past LOFs. NMFS proposes to add the Gulf of Mexico 
Mixed Species Trap/Pot Fishery to the LOF as a Category III fishery. 
NMFS is evaluating this fishery to determine if any species and stocks 
of marine mammals are incidentally injured and killed and to determine 
the number of participants in this fishery.

Gulf of Mexico Mixed Species Trawl Fishery

    The Gulf of Mexico Mixed Species Trawl fishery was omitted from 
previous LOFs. NMFS proposes to add this fishery to the LOF as a 
Category III fishery. The Gulf of Mexico Mixed Species Trawl Fishery 
would incorporate trawl fisheries occurring in the southeast region 
that are not currently in the LOF, which include a periodic cannonball 
jellyfish trawl fishery on the west coast of Florida, and a mullet 
trawl fishery in the Gulf of Mexico. NMFS estimates that 20 fishers 
participate in this fishery.

Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean Cast 
Net Fishery

    NMFS proposes to add the Gulf of Mexico, Southeast Atlantic, Mid-
Atlantic, and Caribbean Cast Net Fishery to the LOF as a Category III 
fishery. The southeast U.S. stranding network reported two manatees 
(West Indian, FL) entangled in cast nets, although it is unknown 
whether these nets were recreational or commercial. Until NMFS can 
further evaluate the gear types as well as the spatial and temporal 
distribution of the commercial fisheries NMFS cannot confirm manatee 
interactions with this fishery. NMFS is presently evaluating the number 
of participants in the commercial sector.

Mid-Atlantic Pound Net Fishery

    NMFS proposes to add the Mid-Atlantic Pound Net Fishery to the LOF. 
Stranding data for 1993-1997 suggest that this fishery has occasional 
takes of coastal bottlenose dolphins. Stranding network members who 
have observed dolphin behavior around pound nets report that dolphins 
play and feed around pound nets and can become entangled in the leader 
part of the nets. The leader is a net that guides fish into the pound 
net.
    Data from the Chesapeake Bay suggest that the likelihood of 
bottlenose dolphins entanglement in pound net

[[Page 6553]]

leads may be affected by the mesh size of the lead net (Bellmund, et 
al., 1997), but the information is not conclusive. A study conducted by 
the NMFS Beaufort Lab from 1988 to 1999 observing pound nets to study 
sea turtles resulted in no observations of bottlenose dolphin 
entanglements in the small mesh leader fishery (stretch mesh leader/
lines 8 inches (20.3 cm)).\2\ On each observed set, leaders 
were examined from the water's surface by boat. No bottlenose dolphin 
entanglements were observed. NMFS requests public comment on the issue 
of whether different mesh sizes used in pound net leads would result in 
differential bycatch rates of bottlenose dolphins or any other marine 
mammal stock.
---------------------------------------------------------------------------

    \2\ From 1988-1994, 34 pound net trips, with 10-20 sets per 
trip, were observed in northern and southern Core Sound and 
southeastern Pamlico Sound. During 1995-1997, pound net trips were 
observed for over 13 weeks from September to December, ranging from 
southern Core Sound to eastern Albemarle Sound in 1995, and from 
southern Core Sound to central Pamlico Sound in 1996 and 1997.
    There were 1,084 observed sets in 1995 (10 percent of pound nets 
set were sampled each week as determined by weekly aerial surveys 
flown to quantify pound net effort), 1,084 in 1996 (20 percent of 
pound nets set were sampled each week), and 1,162 in 1997 (11 
percent of pound nets set were sampled each week). During 1998 and 
1999 approximately 156 pound net observations occurred from June-
August in the northern Core Sound each year, with moderate effort 
during the fall of 1998 and light effort during the fall of 1999.
---------------------------------------------------------------------------

    NMFS proposes to specify the northern boundary of the Mid-Atlantic 
Pound Net fishery based on bottlenose dolphin distribution and the 
southern boundary as the North Carolina/South Carolina border. NMFS 
will revisit this gear type and similar gear types (e.g., staked traps, 
weirs) in a future LOF. The names ``staked traps'' and ``weirs'' are 
used interchangeably with ``pound nets'' and are fished as far north as 
Maine. NMFS has not yet analyzed all data on marine mammal interactions 
or fishing effort for this fishery complex and are therefore not 
prepared to propose a comprehensive change at this time.
    NMFS proposes to classify the Mid-Atlantic Pound Net Fishery as a 
Category II fishery. There are 438 participants in the Mid-Atlantic 
Pound Net Fishery. Marine mammal species and stocks incidentally 
injured and killed include bottlenose dolphin (WNA coastal stock). The 
tier analysis justifying this classification follows:
    Tier 1 Evaluation: Stranding data for 1993-1997 documents 
interactions between the Western North Atlantic Coastal stock of 
bottlenose dolphin and the Mid-Atlantic Pound Net Fishery. According to 
data presented in the draft 2000 SAR for 1996-1998, annual serious 
injury and mortality across all fisheries for bottlenose dolphin (WNA 
coastal stock) exceeds 10 percent of the PBR level (25). Therefore, 
this fishery is subject to Tier 2 analysis.
    Tier 2 Evaluation: Two bottlenose dolphin carcasses were found 
entangled in the leads of pound nets in Virginia during 1993-1997, for 
an average of 0.4 bottlenose dolphin strandings per year. A third 
record of an entangled bottlenose dolphin in Virginia in 1997 may have 
been applicable to this fishery. This entanglement involved a 
bottlenose dolphin carcass found near a pound net with twisted line 
marks consistent with the twine in the nearby pound net lead rather 
than with monofilament gillnet gear.
    Given that other sources of annual serious injury and mortality 
estimates (e.g., observer data) related to the Mid-Atlantic Pound Net 
Fishery are not available, the stranding data (0.4 bottlenose dolphins 
per year) were used as a minimum estimate of annual serious injury and 
mortality. Therefore, bottlenose dolphin mortality and serious injury 
from the Mid-Atlantic Pound Net Fishery is estimated to be between 1 
percent and 50 percent of the PBR level (25) for the Western North 
Atlantic Coastal stock of bottlenose dolphins, placing this fishery in 
Category II.

North Carolina Long Haul Seine Fishery

    NMFS proposes to add the North Carolina Long Haul Seine Fishery to 
Category II and separate this fishery from the Mid-Atlantic Haul/Beach 
Seine Fishery (see Other Proposed Changes to the List of Fisheries 
section for a definition of this fishery). According to the North 
Carolina Division of Marine Fisheries gear description, this fishery is 
defined as a multi-filament seine pulled by two boats for a distance of 
up to several miles. Fish are encircled and concentrated by pulling the 
net around a fixed stake. There are currently 33 participants in the 
North Carolina Long Haul Seine Fishery.
    The marine mammal stranding network has recorded interactions 
between multi-filament gear types and bottlenose dolphins (WNA coastal 
stock). For one of these interactions, long haul seines were 
specifically implicated as the probable source of interaction. In 
addition, a stranding network representative observed the live release 
of three bottlenose dolphins from a long haul seine. These observations 
support the decision to place this fishery in Category II until NMFS 
has more data with which to support another classification.

Northeast Drift Gillnet Fishery

    NMFS proposes to add the Northeast Drift Gillnet Fishery to the LOF 
as a Category II fishery to ensure that drift gillnet fisheries for 
species other than large pelagics are included in the LOF. Based on 
analogy with other gillnet fisheries, the Atlantic SRG recommended that 
NMFS place gillnet fisheries in Category II (unless evidence to the 
contrary is available).
    Currently there is no listing for this type of gear in the 
Northeast. For the purposes of the LOF, drift gillnet, or driftnet, 
gear is gillnet gear that is free-floating on both ends or is free-
floating on one end and attached to the vessel on the other end. 
Driftnet gear is not anchored to the bottom. In addition, fishing with 
drift gillnet gear of mesh size smaller than those typically used to 
target large pelagic species has been recorded for several finfish 
species, and this fishing effort occurring in the Northeast is 
currently not represented on the LOF.
    The proposed Northeast Drift Gillnet Fishery would include all 
fishing with drift gillnet gear, regardless of target species or depth 
of the water column. The geographic boundaries for the proposed 
Northeast Drift Gillnet Fishery would extend from the U.S./Canadian 
border south to 72 deg.30' W. longitude, and continue south from the 
south shore of Long Island, New York. The Northeast Drift Gillnet 
Fishery would not include any sink gillnet fishing occurring in the 
areas listed as Category III inshore gillnet fisheries.

Northeast Trap/Pot Fishery

    NMFS has documented entanglement of whales, pinnipeds, and small 
cetaceans in fixed gear, although the gear involved in whale 
entanglements often cannot be attributed to a specific fishery. 
However, both lobster pot gear and sink gillnet gear have been 
identified in whale entanglements. Whales primarily become entangled in 
the vertical components of the gear (e.g., buoy lines), although 
entanglement also occurs in the horizontal components of the gear 
(e.g., gillnet panels, lobster pot groundlines). Small cetaceans and 
pinnipeds become entangled in net panels of fixed gear, and 
occasionally in buoy lines (small cetaceans) and traps (pinnipeds). The 
Gulf of Maine/U.S. Mid-Atlantic Lobster Trap/Pot Fishery (proposed to 
be renamed the Northeast/Mid-Atlantic American Lobster Trap/Pot 
Fishery) was elevated to Category I in the 1997 LOF because of evidence 
of incidental take resulting in serious injury and mortality of right 
whales.

[[Page 6554]]

    Several other fixed gear fisheries in the Northeast use gear 
components similar to those used in the Lobster and Blue Crab Trap/Pot 
fisheries and, therefore, may take marine mammals if fishing effort 
overlaps marine mammal distribution. The majority of records of 
entanglements in fixed gear cannot be attributed to a specific fishery; 
therefore, NMFS cannot conclude that entanglement of marine mammals in 
trap/pot fisheries other than lobster and blue crab trap/pot gear is 
not occurring.
    Trap/pot gear is generally fished either as single pots with one 
buoy line or as strings of pots with one or more buoy lines. In a time/
area used by marine mammals, there may be virtually no difference in 
the potential for buoy line entanglement between similar gear 
components in different fisheries. Groundlines, which are known to 
entangle whales, are used for multi-pot trawls in several trap/pot 
fisheries. Furthermore, several trap/pot fisheries have developed in 
the Northeast that are not represented on the current LOF, including 
the hagfish, red crab, stone crab, and jonah crab fisheries. The 
hagfish pot fishery sets strings of hagfish barrels in known high-use 
areas for whales. A finback whale was entangled in hagfish gear in 
1997. Entanglements in red crab gear have not been recorded in U.S. 
waters, but the gear is fished in whale habitat, and entanglements of 
right and humpback whales in red crab gear have been recorded in 
Canadian waters in recent years.
    These other trap/pot fisheries may occasionally result in serious 
injury and mortality to marine mammals. Therefore, NMFS proposes to 
reclassify these fisheries based on analogy with the lobster trap/pot 
fishery. However, NMFS does not believe that the rate of incidental 
serious injury/mortality in non-lobster trap/pot fisheries would be at 
the Category I level, specifically because there are far fewer 
participants than in the lobster fishery. Therefore, NMFS proposes to 
reclassify the other trap/pot fisheries as Category II.
    NMFS proposes to name this fishery the Northeast Trap/Pot Fishery. 
The Northeast Trap/Pot Fishery would extend from the U.S./Canadian 
border down to the 72 deg.30' W. line, and continue south from the 
south shore of Long Island, New York to a line extending due east from 
the Virginia/North Carolina border. The other trap/pot fisheries in the 
Mid-Atlantic will be re-evaluated in a future LOF cycle for consistency 
with the changes proposed this year.

Southeastern U.S. Atlantic, Gulf of Mexico Golden Crab Trap/Pot Fishery

    The Southeastern U.S. Atlantic, Gulf of Mexico Golden Crab Trap/Pot 
Fishery was omitted from past LOFs. NMFS proposes to add this fishery 
to the LOF as a category III fishery. NMFS has no documentation of any 
marine mammal species and stocks incidentally injured and killed in 
this fishery. The gear rarely uses buoy lines to the surface, and 
therefore NMFS believes it is unlikely to result in entanglement. There 
are 10 participants in this fishery.

Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab Trap/Pot Fishery

    The Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab Trap/Pot 
Fishery was omitted from past LOFs. NMFS proposes to add this fishery 
to the LOF as a category III fishery. The southeast U.S. stranding 
network has reported one bottlenose dolphin entangled in this fishery 
in 1998. Marine mammal species and stocks incidentally injured and 
killed in this fishery include bottlenose dolphin (Eastern Gulf of 
Mexico coastal stock). There are 4,453 participants in this fishery.

Fisheries Removed from the LOF

Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Drift Gillnet 
Fishery

    NMFS proposes to remove this fishery from the LOF because NMFS 
regulations now prohibit this as a gear type for the swordfish and tuna 
component of this fishery. Any drift gillnet fisheries that do occur 
would be incorporated into the existing and proposed LOF gillnet 
listings.

Organizational Changes to the LOF

AK Clam Fishery

    NMFS proposes to combine the AK Clam Hand Shovel and the AK Clam 
Mechanical/Hydraulic Fisheries into one AK Clam Fishery. The new 
fishery designation would include participants in the southeast AK 
Geoduck Dive Fishery, which are currently considered part of the AK 
Urchin and Other Fish/Shellfish Fishery. Since each of these fisheries 
is currently in Category III, NMFS proposes that the new AK Clam 
Fishery also be in Category III.

AK Southern Bering Sea, Aleutian Islands, and Western Gulf of Alaska 
Sablefish Longline/Set Line (Federally Regulated Waters)

    NMFS proposes to change the names of several AK longline/set line 
fisheries to make the names of these fisheries in the LOF consistent 
with the way these fisheries are addressed in the SARs. NMFS proposes 
to split the AK Southern Bering Sea, Aleutian Islands, and Western Gulf 
of Alaska Sablefish Longline/Set Line (federally regulated waters) into 
the AK Bering Sea, Aleutian Islands Groundfish Longline/Set Line 
(federally regulated waters, including miscellaneous finfish and 
sablefish), the AK Gulf of Alaska Groundfish Longline/Set Line 
(federally regulated waters, including miscellaneous finfish and 
sablefish), and the AK State-Managed Waters, Groundfish Longline/Set 
Line (including sablefish, rockfish, and miscellaneous finfish) 
Fisheries. The AK State Waters Sablefish Longline/Set Line and AK 
Miscellaneous Finfish/Groundfish Longline/Set Line Fisheries would be 
incorporated appropriately into the three new fisheries. These changes 
would make the LOF directly comparable with the SARs and observer data 
for these longline fisheries.

Bluefish, Croaker, Flounder Trawl Fishery

    NMFS proposes to combine the Bluefish, Croaker, Flounder Trawl 
Fishery into the Mid-Atlantic Mixed Species Trawl Fishery. The 
Bluefish, Croaker, Flounder Trawl Fishery may consist of at least two 
separate fisheries, and although bluefish, croaker, and flounder are 
often caught, they may not always be the target species. Therefore, 
placing this fishery into the broader Mid-Atlantic Mixed Species Trawl 
Fishery will ensure that this fishing activity is covered by the LOF. 
The 550 participants currently listed in the Bluefish, Croaker, 
Flounder Trawl Fishery may already be reflected in the number of 
participants for the Mid-Atlantic Mixed Species Trawl Fishery. NMFS 
will evaluate the number of participants in these fisheries and provide 
an update in future LOFs.

Caribbean Haul/Beach Seine Fishery

    NMFS proposes to combine the Caribbean Haul Seine and Caribbean 
Beach Seine fisheries into one fishery called the Caribbean Haul/Beach 
Seine Fishery. Marine mammal species and stocks incidentally injured 
and killed include the West Indian manatee Antillean stock. The Florida 
stock of West Indian manatee was incorrectly listed as interacting with 
this fishery in past LOFs.

Gulf of Maine, Southeast U.S. Atlantic Coastal Shad, Sturgeon Gillnet 
Fishery

    Sturgeon is now a prohibited species in both state and Federal 
waters. Therefore, NMFS proposes to remove this Category III fishery 
from the LOF to reflect these changes.

[[Page 6555]]

    Gillnet fishing for shad in the Southeast is included in the 
proposed Category II Southeast Atlantic Gillnet Fishery. Gillnet 
fishing for shad in the Northeast is included in the Northeast Sink 
Gillnet Fishery, the Northeast Anchored Pelagic Gillnet Fishery, and/or 
the Northeast Drift Gillnet Fishery, depending on the type of gear 
used. Gillnet fishing for shad in the Mid-Atlantic (i.e., the 73o30' W 
line to the North Carolina/South Carolina border) is included in the 
U.S. Mid-Atlantic Coastal Gillnet Fishery (57 FR 20328, May 12, 1992).

Gulf of Maine, U.S. Mid-Atlantic Mixed Species Trap/Pot Fishery

    NMFS proposes to separate the Gulf of Maine, U.S. Mid-Atlantic 
Mixed Species Trap/Pot Fisheries into two separate listings: the 
Northeast Trap/Pot Fishery and the Mid-Atlantic Mixed Species Trap/Pot 
Fishery. The marine mammal species and stocks incidentally injured and 
killed in the Mid-Atlantic Mixed Species Trap/Pot Fishery include the 
humpback whale (Gulf of Maine stock), minke whale (Canadian east coast 
stock), and harbor porpoise (Gulf of Maine/Bay of Fundy stock). 
Additional information on the Northeast Trap/Pot Fishery is described 
later in this preamble. NMFS is presently evaluating the Mid-Atlantic 
Mixed Species Trap/Pot Fishery to determine the target species and 
number of participants. NMFS will evaluate this fishery in a future LOF 
for consistency with the Northeast Trap/Pot Fishery.

Southeastern U.S. Atlantic, Gulf of Mexico, Caribbean Spiny Lobster 
Trap/Pot Fishery

    NMFS proposes to divide the Southeastern U.S. Atlantic, Gulf of 
Mexico, Caribbean Spiny Lobster Trap/Pot Fishery into two separate 
fisheries: the Florida Spiny Lobster Trap/Pot Fishery and the Caribbean 
Spiny Lobster Trap/Pot Fishery.
    Marine mammal species and stocks incidentally injured and killed in 
the Florida Spiny Lobster Fishery include the West Indian manatee (FL 
stock) and bottlenose dolphin (WNA coastal stock). This fishery occurs 
off of Florida in the Southeastern U.S. Atlantic and Gulf of Mexico. 
NMFS is currently evaluating the number of participants in the Florida 
spiny lobster fishery.
    There are no known marine mammal species and stocks incidentally 
injured and killed as a result of the Caribbean Spiny Lobster Fishery. 
There are 197 participants in this fishery in Puerto Rico. The number 
of participants in the U.S. Virgin Islands is unknown.

Name Changes to Fisheries in the LOF

AK Octopus/Squid Pot Fishery

    The LOF previously included a listing for the AK Octopus/Squid 
``Other'' Fishery. Although this fishery originally included several 
gear types (dive gear, hand pick, mechanical jigging, and pot), only 
the pot fishery is currently active. As a result, NMFS proposes to 
change the name to the AK Octopus/Squid Pot Fishery and list this 
fishery with the other Category III pot fisheries.

AK Southeast Alaska Herring Food/Bait Pound Net Fishery

    The name of the AK Southeast Alaska Herring Food/Bait Pound Net 
Fishery is changed to the AK Southeast Herring Roe/Food/Bait Pound Net 
Fishery.

Gulf of Maine Small Pelagics Surface Gillnet Fishery

    NMFS proposes to change the name of the Category II Gulf of Maine 
Small Pelagics Surface Gillnet Fishery to the Northeast Anchored 
Pelagic Gillnet Fishery to include anchored pelagic gillnet effort in 
other parts of the Northeast and for species other than small pelagics 
in the LOF. The Northeast Anchored Pelagic Gillnet Fishery would 
include the use of gillnet gear of any size and for any target species 
that is anchored and fished in the upper two thirds of the water 
column. The geographic boundaries for the proposed Northeast Anchored 
Pelagic Gillnet Fishery would extend from the U.S./Canadian border to 
72 deg.30' W. longitude, and continue south from the south shore of 
Long Island, New York. The Northeast Anchored Pelagic Gillnet Fishery 
would not include any sink gillnet fishing occurring in the areas 
listed as Category III inshore gillnet fisheries.

Gulf of Maine/U.S. Mid-Atlantic Lobster Trap/Pot Fishery

    NMFS proposes to change the name of this fishery from the Gulf of 
Maine/U.S. Mid-Atlantic Lobster Trap/Pot Fishery to the Northeast/Mid-
Atlantic American Lobster Trap/Pot Fishery to reflect the distinction 
between the American Lobster Fishery and the Spiny Lobster Fishery. The 
new name is also intended to clarify that fishing in other areas of the 
Northeast, for example offshore areas that might not be considered part 
of the Gulf of Maine, are included in the LOF.

Mid-Atlantic Haul Seine Fishery

    The name of the Mid-Atlantic Haul Seine fishery is changed to the 
Mid-Atlantic Haul/Beach Seine fishery for clarity. This fishery 
includes seines where one end is secured (e.g., swipe net, long seine) 
as well as seines that may be secured at both ends and hauled up on the 
beach.

Mid-Atlantic Mixed Species Stop/Seine/Weir Fishery

    The U.S. Mid-Atlantic Mixed Species Stop/Seine/Weir Fishery is 
changed to the U.S. Mid-Atlantic Mixed Species Stop Seine/Weir Fishery 
to be consistent with the category title for this fishery.

Mid-Atlantic, Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl 
Fishery

    The Mid-Atlantic component of the Mid-Atlantic, Southeastern U.S. 
Atlantic, Gulf of Mexico Shrimp Trawl Fishery is removed, and the name 
changed to the Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl 
Fishery. The new name reflects that this fishery operates from North 
Carolina into the Gulf of Mexico.

Southeast AK Salmon Drift Gillnet

    The name of the Southeast AK Salmon Drift Gillnet Fishery is 
changed to the AK Southeast Salmon Drift Gillnet Fishery.

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean Snapper-
Grouper and Other Reef Fish Bottom Longline/Hook-and-Line Fishery

    NMFS proposes to revise the name of the Southeastern U.S. Atlantic, 
Gulf of Mexico Snapper-Grouper and Other Reef Fish Bottom Longline/
Hook-and-Line Fishery to include the Caribbean. There are 1,349 bottom 
longline/hook-and-line fishers in Puerto Rico. The number of 
participants in the U.S. Virgin Islands is unknown.

Southeastern U.S. Atlantic, Caribbean Haul Seine Fishery

    The name of the Southeastern U.S. Atlantic, Caribbean Haul Seine 
Fishery is changed to the Southeastern U.S. Atlantic Haul/Beach Seine 
Fishery.

Other Proposed Changes or Clarifications to the LOF

Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline 
Fishery

    The estimated number of participants in the Atlantic Ocean, 
Caribbean, Gulf of Mexico Large Pelagics Longline Fishery is updated to 
443. This represents the number of permits issued, not active 
participants.

Calico Scallops Trawl Fishery

    The estimated number of participants in the Calico Scallops Trawl 
Fishery is updated to 12.

[[Page 6556]]

Category II Haul Seine Fisheries

    The name of the Haul Seine Fisheries title is changed to Haul/Beach 
Seine Fisheries for clarity.

Category III Haul Seine

    The name of the Haul Seine Fisheries title under Category III is 
changed to Haul/Beach Seine Fisheries and the Beach Seine Fisheries 
title is removed for clarity. The Caribbean Beach Seine Fishery is 
changed to the Caribbean Haul/Beach Seine Fishery and included in the 
new category.

Mid-Atlantic Menhaden Purse Seine

    The list of marine mammal species and stocks incidentally injured 
and killed in the Mid-Atlantic Menhaden Purse Seine Fishery is updated 
to reflect a fisher report of a humpback whale becoming entangled in 
the purse seine net, which was subsequently released alive.

Northeast Sink Gillnet Fishery

    NMFS is not proposing to change the definition or categorization of 
this fishery, but provides the following explanation for clarification 
and comparison with fisheries for which changes are proposed. The 
Northeast Sink Gillnet Fishery is retained in Category I with the 
current geographic boundaries defining this fishery. The Northeast Sink 
Gillnet Fishery continues to include all fishing with sink gillnet 
gear, regardless of target species, from the U.S./Canadian border to 
72 deg.30' W. longitude, and continuing south from the south shore of 
Long Island, New York. To differentiate from other LOF gillnet 
listings, sink gillnet gear is considered to be anchored gillnet gear 
fished in the lower third of the water column. The Northeast Sink 
Gillnet Fishery would not include any sink gillnet fishing occurring in 
the areas listed as Category III inshore gillnet fisheries.

Southeastern U.S. Atlantic Shark Gillnet Fishery

    The list of marine mammal species and stocks incidentally injured 
and killed in the Southeastern U.S. Atlantic Shark Gillnet Fishery is 
updated to reflect an Atlantic spotted dolphin that was reported 
incidentally taken and released alive.

Southeastern U.S. Stranding Data Review

    The Southeast Fisheries Science Center is presently conducting a 
comprehensive review of all stranding records and if there are any 
changes in these estimates they will be listed in a subsequent LOF. At 
this time, the estimates of incidental mortality and serious injury 
presented in this proposed LOF are considered minimum.

References

    Bellmund, S.A., Musick, J.A., Klinger, R.C., Byles, R.A., Keinath, 
J.A., and Barnard, D.E. 1997. Ecology of Sea Turtles in Virginia. Final 
Report to National Marine Fisheries Service Northeast Region. Contract 
number NA80FAC-00004. Virginia Institute of Marine Science, Gloucester 
Point, Virginia.

List of Fisheries

    The following two tables list U.S. commercial fisheries according 
to their assigned categories under section 118 of the MMPA including 
proposed changes. The estimated number of vessels/participants 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 and 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 in 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 (including Alaska) are 
included in Table 2; commercial fisheries in the Atlantic Ocean, Gulf 
of Mexico, and Caribbean are included in Table 3. 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 6557]]



Table 2.--Proposed List of Fisheries Commercial Fisheries in the Pacific
                                  Ocean
------------------------------------------------------------------------
                                                         Marine mammal
                                   Estimated no. of   species and stocks
       Fishery Description          vessels/persons      incidentally
                                                        killed/injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
GILLNET FISHERIES:
CA angel shark/halibut and other                 58   Harbor porpoise,
 species large mesh (>3.5in) set                       central CA
 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
                                                       Sea otter, CA
CA/OR thresher shark/swordfish                  130   Steller sea lion,
 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 Bristol Bay salmon drift                   1,903   Steller sea lion,
 gillnet.                                              Western U.S.*+
                                                      Northern fur seal,
                                                       Eastern Pacific*
                                                      Harbor seal,
                                                       Bering Sea
                                                      Beluga whale,
                                                       Bristol Bay
                                                      Gray whale,
                                                       Eastern north
                                                       Pacific
                                                      Spotted seal, AK
                                                      Pacific white-
                                                       sided dolphin,
                                                       North Pacific
AK Bristol Bay salmon set                     1,014   Harbor seal,
 gillnet.                                              Bering Sea
                                                      Beluga whale,
                                                       Bristol Bay
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific
                                                      Northern fur seal,
                                                       Eastern Pacific*
                                                      Spotted seal, AK
AK Cook Inlet salmon drift                      576   Steller sea lion,
 gillnet.                                              Western U.S.*+
                                                      Harbor seal, GOA
                                                      Harbor porpoise,
                                                       GOA
                                                      Dall's porpoise,
                                                       AK
                                                      Beluga whale, Cook
                                                       Inlet*+
AK Cook Inlet salmon set gillnet                745   Steller sea lion,
                                                       Western U.S.*+
                                                      Harbor seal, GOA
                                                      Harbor porpoise,
                                                       GOA
                                                      Dall's porpoise,
                                                       AK
                                                      Beluga whale, Cook
                                                       Inlet*+
AK Kodiak salmon set gillnet....                188   Harbor seal, GOA
                                                      Harbor porpoise,
                                                       GOA
                                                      Sea otter, AK
AK Metlakatla/Annette Island                     60   None documented
 salmon drift gillnet.
AK Peninsula/Aleutian Islands                   164   Northern fur seal,
 salmon drift gillnet.                                 Eastern Pacific*
                                                      Harbor seal, GOA
                                                      Harbor porpoise,
                                                       Bering Sea
                                                      Dall's porpoise,
                                                       AK
AK Peninsula/Aleutian Islands                   116   Steller sea lion,
 salmon set gillnet.                                   Western U.S.*+
                                                      Harbor porpoise,
                                                       Bering Sea

[[Page 6558]]

 
AK Prince William Sound salmon                  541   Steller sea lion,
 drift gillnet.                                        Western U.S.*+
                                                      Northern fur seal,
                                                       Eastern Pacific*
                                                      Harbor seal, GOA
                                                      Pacific white-
                                                       sided dolphin,
                                                       North Pacific
                                                      Harbor porpoise,
                                                       GOA
                                                      Dall's porpoise,
                                                       AK
                                                      Sea Otter, AK
AK Southeast salmon drift                       481   Steller sea lion,
 gillnet.                                              Eastern U.S.*+
                                                      Harbor seal,
                                                       Southeast AK
                                                      Pacific white-
                                                       sided dolphin,
                                                       North Pacific
                                                      Harbor porpoise,
                                                       Southeast AK
                                                      Dall's porpoise,
                                                       AK
                                                      Humpback whale,
                                                       central North
                                                       Pacific*+
AK Yakutat salmon set gillnet...                170   Harbor seal,
                                                       Southeast AK
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific
WA Puget Sound Region salmon                    725   Harbor porpoise,
 drift gillnet (includes all                           inland WA
 inland waters south of US-                           Dall's porpoise,
 Canada border and eastward of                         CA/OR/WA
 the Bonilla-Tatoosh line treaty                      Harbor seal, WA
 Indian fishing is excluded).                          inland
PURSE SEINE FISHERIES:
AK Southeast salmon purse seine.                416   Humpback whale,
                                                       central North
                                                       Pacific*+
CA anchovy, mackerel, tuna purse                150   Bottlenose
 seine.                                                dolphin, CA/OR/WA
                                                       offshore
                                                      California sea
                                                       lion, U.S.
                                                      Harbor seal, CA
CA squid purse seine............                 65   Short-finned pilot
                                                       whale, CA/OR/WA*
TRAWL FISHERIES:
AK miscellaneous finfish pair                     2   None documented
 trawl.
LONGLINE FISHERIES:
California longline.............                 45   California sea
                                                       lion
HI swordfish, tuna, billfish,                   140   Humpback whale,
 mahi mahi, wahoo, oceanic                             Central North
 sharks longline/set line.                             Pacific*+
                                                      False killer
                                                       whales, HI
                                                      Risso's dolphin,
                                                       HI
                                                      Bottlenose
                                                       dolphin, HI
                                                      Spinner dolphin,
                                                       HI
                                                      Short-finned pilot
                                                       whale, HI
                                                      Sperm whale, HI
OR swordfish floating longline..                  2   None documented
OR blue shark floating longline.                  1   None documented
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, Norton                   1,922   Harbor porpoise,
 Sound, Kotzebue salmon gillnet.                       Bering Sea
AK miscellaneous finfish set                      3   Steller sea lion,
 gillnet.                                              Western U.S.*+
AK Prince William Sound salmon                   30   Steller sea lion,
 set gillnet.                                          Western U.S.*+
                                                      Harbor seal, GOA
AK roe herring and food/bait                  2,034   None documented
 herring gillnet.
CA set and drift gillnet                        341   None documented
 fisheries that use a stretched
 mesh size of 3.5 in or less.
Hawaii gillnet..................                115   Bottlenose
                                                       dolphin, HI
                                                      Spinner dolphin,
                                                       HI
WA Grays Harbor salmon drift                     24   Harbor seal, OR/WA
 gillnet (excluding treaty                             coast
 Tribal fishing).
WA, OR herring, smelt, shad,                    913   None documented
 sturgeon, bottom fish, mullet,
 perch, rockfish gillnet.
WA, OR lower Columbia River                     110   California sea
 (includes tributaries) drift                          lion, U.S.
 gillnet.                                             Harbor seal, OR/WA
                                                       coast
WA Willapa Bay drift gillnet....                 82   Harbor seal, OR/WA
                                                       coast Northern
                                                       elephant seal, CA
                                                       breeding
PURSE SEINE, BEACH SEINE, ROUND
 HAUL AND THROW NET FISHERIES:
AK Metlakatla salmon purse seine                 10   None documented
AK miscellaneous finfish beach                    1   None documented
 seine.
AK miscellaneous finfish purse                    3   None documented
 seine.
AK octopus/squid purse seine....                  2   None documented
AK roe herring and food/bait                      8   None documented
 herring beach seine.
AK roe herring and food/bait                    624   None documented
 herring purse seine.
AK salmon beach seine...........                 34   None documented
AK salmon purse seine (except                   953   Harbor seal, GOA
 Southeast Alaska, which is in
 Category II).

[[Page 6559]]

 
CA herring purse seine..........                100   Bottlenose
                                                       dolphin, CA
                                                       coastal
                                                      California sea
                                                       lion, U.S.
                                                      Harbor seal, CA
CA sardine purse seine..........                120   None documented
HI opelu/akule net..............                 16   None documented
HI purse seine..................                 18   None documented
HI throw net, cast net..........                 47   None documented
WA (all species) beach seine or                 235   None documented
 drag seine.
WA, OR herring, smelt, squid                    130   None documented
 purse seine or lampara.
WA salmon purse seine...........                440   None documented
WA salmon reef net                               53   None documented
DIP NET FISHERIES:
CA squid dip net................                115   None documented
WA, OR smelt, herring dip net...                119   None documented
MARINE AQUACULTURE FISHERIES:
CA salmon enhancement rearing                    >1   None documented
 pen.
OR salmon ranch.................                  1   None documented
WA, OR salmon net pens..........                 14   California sea
                                                       lion, U.S.
                                                      Harbor seal, WA
                                                       inland waters
TROLL FISHERIES
 AK north Pacific halibut, AK        1,530 (330 AK)   None documented
 bottom fish, WA, OR, CA
 albacore, groundfish, bottom
 fish, CA halibut non-salmonid
 troll fisheries.
AK salmon troll.................              2,335   Steller sea lion,
                                                       Western U.S.*+
                                                      Steller sea lion,
                                                       Eastern U.S.*+
American Samoa tuna troll.......                 50   None documented
CA/OR/WA salmon troll...........              4,300   None documented
Commonwealth of the Northern                     50   None documented
 Mariana Islands tuna troll.
Guam tuna troll.................                 50   None documented
HI net unclassified.............                106   None documented
HI trolling, rod and reel.......              1,795   None documented
LONGLINE/SET LINE FISHERIES:
HI trolling, rod and reel.......
AK Bering Sea, Aleutian Islands                 115   Northern elephant
 groundfish longline/set line                          seal, CA breeding
 (federally regulated waters,                         Killer whale,
 including miscellaneous finfish                       Eastern North
 and sablefish).                                       Pacific resident
                                                      Killer whale,
                                                       transient
                                                      Steller sea lion,
                                                       Western U.S.*+
                                                      Pacific white-
                                                       sided dolphin,
                                                       North Pacific
                                                      Dall's porpoise,
                                                       AK
                                                      Harbor seal,
                                                       Bering Sea
AK Gulf of Alaska groundfish                    867   Steller sea lion,
 longline/set line (federally                          Western U.S.*+
 regulated waters, including                          Harbor seal,
 miscellaneous finfish and                             Southeast AK
 sablefish).                                          Northern elephant
                                                       seal, CA breeding
AK halibut longline/set line                  3,079    Steller sea lion,
 (State and Federal waters).                           Western U.S.*+
AK octopus/squid longline.......                  7   None documented
AK state-managed waters                         731   None documented
 groundfish longline/setline
 (including sablefish, rockfish,
 and miscellaneous finfish).
CA shark/bonito longline/set                     10   None documented
 line.
WA, OR, CA groundfish,                          367   None documented
 bottomfish longline/set line.
WA, OR North Pacific halibut                    350   None documented
 longline/set line.
TRAWL FISHERIES:
AK Bering Sea and Aleutian                      166   Steller sea lion,
 Islands Groundfish Trawl.                             Western U.S.*+
                                                      Northern fur seal,
                                                       Eastern pacific*
                                                      Killer whale,
                                                       Eastern North
                                                       Pacific resident
                                                      Killer whale,
                                                       Eastern North
                                                       Pacific transient
                                                      Pacific white
                                                       sided dolphin,
                                                       North Pacific
                                                      Harbor porpoise,
                                                       Bering Sea
                                                      Harbor seal,
                                                       Bering Sea
                                                      Harbor seal, GOA
                                                      Bearded seal, AK
                                                      Ringed seal, AK
                                                      Spotted seal, AK
                                                      Dall's porpoise,
                                                       AK
                                                      Ribbon seal, AK
                                                      Northern elephant
                                                       seal, CA breeding
                                                      Sea otter, AK
                                                      Pacific walrus, AK
                                                      Humpback whale,
                                                       Central North
                                                       Pacific*+
                                                      Humpback whale,
                                                       Western North
                                                       Pacific*+
AK food/bait herring trawl......                  3   None documented

[[Page 6560]]

 
AK Gulf of Alaska groundfish                    198   Steller sea lion,
 trawl.                                                Western U.S.*+
                                                      Northern fur seal,
                                                       Eastern Pacific*
                                                      Harbor seal, GOA
                                                       Dall's porpoise,
                                                       AK
                                                      Northern elephant
                                                       seal, CA breeding
                                                      Fin whale,
                                                       Northeast Pacific
AK miscellaneous finfish otter                    6   None documented
 or beam trawl.
AK shrimp otter trawl and beam                   58   None documented
 trawl (statewide and Cook
 Inlet).
AK state-managed waters of Cook                   2   None documented
 Inlet, Kachemak Bay, Prince
 William Sound, Southeast AK
 groundfish trawlWA, OR, CA
 groundfish trawl.
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
WA, OR, CA shrimp trawl.........                300   None documented
POT, RING NET, AND TRAP
 FISHERIES:
AK Bering Sea, Gulf of Alaska                   257   Harbor seal, GOA
 finfish pot.                                         Harbor seal,
                                                       Bering Sea
                                                      Sea otter, AK
AK crustacean pot...............              1,852   Harbor porpoise,
                                                       Southeast AK
AK octopus/squid pot                             72   None documented
AK snail pot....................                  2   None documented
CA lobster, prawn, shrimp, rock                 608   Sea otter, CA
 crab, fish pot.
OR, CA hagfish pot or trap                       25   None documented
WA, OR, CA crab pot.............              1,478   None documented
WA, OR, CA sablefish pot........                176   None documented
WA, OR shrimp pot & trap........                254   None documented
HI crab trap....................                 22   None documented
HI fish trap....................                 19   None documented
HI lobster trap.................                 15   Hawaiian monk
                                                       seal*+
HI shrimp trap..................                  5   None documented
HANDLINE AND JIG FISHERIES:
AK miscellaneous finfish                        100   None documented
 handline and mechanical jig.
AK North Pacific halibut                         93   None documented
 handline and mechanical jig.
AK octopus/squid handline.......                  2   None documented
American Samoa bottomfish.......                 50   None documented
Commonwealth of the Northern                     50   None documented
 Mariana Islands bottomfish.
Guam bottomfish.................                 50   None documented
HI aku boat, pole and line......                 54   None documented
HI deep sea bottomfish..........                434   Hawaiian monk
                                                       seal*+
 Hi inshore handline............                650   Bottlenose
                                                       dolphin, HI
HI tuna.........................                144   Rough-toothed
                                                       dolphin, HI
                                                      Bottlenose
                                                       dolphin, HI
                                                      Hawaiian monk
                                                       seal*+
WA groundfish, bottomfish jig...                679   None documented
HARPOON FISHERIES:
CA swordfish harpoon............                228   None documented
POUND NET/WEIR FISHERIES:
AK herring spawn on kelp pound                  452   None documented
 net.
AK Southeast herring roe/food/                    3   None documented
 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........        108 (12 AK)   None documented
DIVE, HAND/MECHANICAL COLLECTION
 FISHERIES:
AK abalone......................                  1   None documented
AK clam.........................                156   None documented
WA herring spawn on kelp........                  4   None documented
AK dungeness crab...............                  3   None documented
AK herring spawn on kelp........                363   None documented
AK urchin and other fish/                       471   None documented
 shellfish.
CA abalone......................                111   None documented
CA sea urchin...................                583   None documented
HI coral diving.................                  2   None documented
HI fish pond....................                 10   None documented
HI handpick.....................                135   None documented
HI lobster diving...............                  6   None documented
HI squiding, spear..............                267   None documented

[[Page 6561]]

 
WA, CA kelp.....................                  4   None documented
WA/OR sea urchin, other clam,                   637   None documented
 octopus, oyster, sea cucumber,
 scallop, ghost shrimp hand,
 dive, or mechanical collection.
WA shellfish aquaculture........                684   None documented
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
AK, WA, OR, CA commercial         >7,000 (1,107 AK)   None documented
 passenger fishing vessel.
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 2000.
 \+\ 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 2: AK, Alaska; GOA; CA , California; HI, Hawaii Gulf of
  Alaska; OR, Oregon, and WA, Washington


    Table 3.--Proposed List of Fisheries Commercial Fisheries in the
              Atlantic Ocean, Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                         Marine mammal
                                    Estimated # of    species and stocks
       Fishery Description          vessels/persons      incidentally
                                                      injured and killed
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
 GILLNET FISHERIES:
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
U.S. Mid-Atlantic coastal                      >655   Humpback whale,
 gillnet.                                              WNA*+
                                                      Minke whale,
                                                       Canadian east
                                                       coast
                                                      Bottlenose
                                                       dolphin, WNA
                                                       offshore
                                                      Bottlenose
                                                       dolphin, WNA
                                                       coastal*+
                                                      Harbor porpoise,
                                                       GME/BF*
                                                      Harbor seal, WNA
                                                      Harp seal, WNA
                                                      Long-finned pilot
                                                       whale, WNA*
                                                      Short-finned pilot
                                                       whale, WNA*
                                                      White sided
                                                       dolphin, WNA
                                                      Common dolphin,
                                                       WNA
LONGLINE FISHERIES:
Atlantic Ocean, Caribbean, Gulf                 200   Humpback whale,
 of Mexico large pelagics                              WNA*+
 longline.                                            Minke whale,
                                                       Canadian east
                                                       coast
                                                      Risso's dolphin,
                                                       WNA
                                                      Long-finned pilot
                                                       whale, WNA*
                                                      Short-finned pilot
                                                       whale, WNA*
                                                      Common dolphin,
                                                       WNA*
                                                      Atlantic spotted
                                                       dolphin, WNA*
                                                      Pantropical
                                                       spotted dolphin,
                                                       WNA*
                                                      Striped dolphin,
                                                       WNA
                                                      Bottlenose
                                                       dolphin, WNA
                                                       offshore
                                                      Bottlenose
                                                       dolphin, GMX
                                                       Outer Continental
                                                       Shelf
                                                      Bottlenose
                                                       dolphin, GMX
                                                       Continental Shelf
                                                       Edge and Slope
                                                      Atlantic spotted
                                                       dolphin, Northern
                                                       GMX
                                                      Pantropical
                                                       spotted dolphin,
                                                       Northern GMX
                                                      Risso's dolphin,
                                                       Northern GMX
                                                      Harbor porpoise,
                                                       GME/BF*
TRAP/POT FISHERIES:

[[Page 6562]]

 
Northeast/Mid-Atlantic American              13,000   North Atlantic
 lobster trap/pot.                                     right whale,
                                                       WNA*+
                                                      Humpback whale,
                                                       WNA*+
                                                      Fin whale, WNA*+
                                                      Minke whale,
                                                       Canadian east
                                                       coast
                                                      Harbor seal, WNA
TRAWL FISHERIES:
Atlantic squid, mackerel,                       620   Common dolphin,
 butterfish trawl.                                     WNA*
                                                      Risso's dolphin,
                                                       WNA
                                                      Long-finned pilot
                                                       whale, WNA*
                                                      Short-finned pilot
                                                       whale, WNA*
                                                      White-sided
                                                       dolphin, WNA*
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
GILLNET FISHERIES:
Gulf of Mexico gillnet..........                724   Bottlenose
                                                       dolphin, Western
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, GMX Bay,
                                                       Sound, and
                                                       Estuarine*
North Carolina inshore gillnet..                 94   Bottlenose
                                                       dolphin, WNA
                                                       coastal*+
Northeast anchored pelagic                      133   Humpback whale,
 gillnet.                                              WNA*+
                                                      White-sided
                                                       dolphin, WNA*
                                                      Harbor seal, WNA
Northeast drift gillnet.........            unknown   None documented
Southeast Atlantic gillnet......                640   Bottlenose
                                                       dolphin, WNA
                                                       coastal
Southeastern U.S. Atlantic shark                 12   Bottlenose
 gillnet.                                              dolphin, WNA
                                                       coastal* North
                                                       Atlantic right
                                                       whale, WNA*+
                                                       Atlantic spotted
                                                       dolphin, WNA
TRAWL FISHERIES:
Atlantic herring midwater trawl                  17   Harbor seal, WNA
 (including pair trawl).
TRAP/POT FISHERIES:
Atlantic blue crab trap/pot.....            >16,000   Bottlenose
                                                       dolphin, WNA
                                                       coastal*
                                                      West Indian
                                                       manatee, FL
Gulf of Mexico blue crab trap/                4,113   Bottlenose
 pot.                                                  dolphin, Western
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, GMX Bay,
                                                       Sound, &
                                                       Estuarine*
                                                      West Indian
                                                       manatee, FL*+
Northeast trap/pot..............            unknown   Fin whale, WNA
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden purse                    50   Bottlenose
 seine.                                                dolphin, Western
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX coastal
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach seine...                 25   Bottlenose
                                                       dolphin, WNA
                                                       coastal*
                                                      Harbor porpoise,
                                                       GME/BF*
North Carolina long haul seine..                 33   Bottlenose
                                                       dolphin, WNA
                                                       coastal*
STOP NET FISHERIES:
North Carolina roe mullet stop                   13   Bottlenose
 net.                                                  dolphin, WNA
                                                       coastal*
POUND NET FISHERIES:
Mid-Atlantic pound net..........                438   Bottlenose
                                                       dolphin, WNA
                                                       coastal*
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
 GILLNET FISHERIES:
Caribbean gillnet...............               >991   Dwarf sperm whale,
                                                       WNA
                                                      West Indian
                                                       manatee,
                                                       Antillean
Chesapeake Bay inshore gillnet..                 45   Harbor porpoise,
                                                       GME/BF
Delaware Bay inshore gillnet....                 60   Humpback whale,
                                                       WNA*+ Bottlenose
                                                       dolphin, WNA
                                                       coastal*+ Harbor
                                                       porpoise, GME/BF*
Long Island Sound inshore                        20   Humpback whale,
 gillnet.                                              WNA*+
                                                      Bottlenose
                                                       dolphin, WNA
                                                       coastal*+
                                                      Harbor porpoise,
                                                       GME/BF*
Rhode Island, southern                           32   Humpback whale,
 Massachusetts (to Monomoy                             WNA*+
 Island), and New York Bight                          Bottlenose
 (Raritan and Lower New York                           dolphin, WNA
 Bays) inshore gillnet.                                coastal*+
                                                      Harbor porpoise,
                                                       GME/BF*
TRAWL FISHERIES:
Calico scallops trawl...........                 12   None documented
Crab trawl......................                400   None documented
Georgia, South Carolina,                         25   None documented
 Maryland whelk trawl.
Gulf of Maine, Mid-Atlantic sea                 215   None documented
 scallop trawl.
Gulf of Maine northern shrimp                   320   None documented
 trawl.

[[Page 6563]]

 
Gulf of Mexico butterfish trawl.                  2   Atlantic spotted
                                                       dolphin, Eastern
                                                       GMX
                                                      Pantropical
                                                       spotted dolphin,
                                                       Eastern GMX
Gulf of Mexico mixed species                     20   None documented
 trawl.
Mid-Atlantic mixed species trawl             >1,000   None documented
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
Southeastern U.S. Atlantic, Gulf            >18,000   Bottlenose
 of Mexico shrimp trawl.                               dolphin, WNA
                                                       coastal*+
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 herring                   30   Harbor porpoise,
 purse seine.                                          GME/BF*
                                                      Harbor seal, WNA
                                                      Gray seal, WNA
Gulf of Maine menhaden purse                     50   None documented
 seine.
Florida west coast sardine purse                 10   Bottlenose
 seine.                                                dolphin, Eastern
                                                       GMX coastal
Mid-Atlantic menhaden purse                      22   Bottlenose
 seine.                                                dolphin, WNA
                                                       coastal*+
                                                      Humpback whale,
                                                       WNA*+
U.S. Atlantic tuna purse seine..            unknown   None documented
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,
 hook-and-line.                                        Northwest North
                                                       Atlantic
                                                      Humpback whale,
                                                       WNA
Gulf of Maine, U.S. Mid-Atlantic             26,223   Humpback whale,
 tuna, shark swordfish hook-and-                       WNA
 line/harpoon.
Southeastern U.S. Atlantic, Gulf             >5,000   None documented
 of Mexico, and Caribbean
 snapper-grouper and other reef
 fish bottom longline/hook-and-
 line.
Southeastern U.S. Atlantic, Gulf                124   None documented
 of Mexico shark bottom longline/
 hook-and-line.
Southeastern U.S. Atlantic, Gulf              1,446   None documented
 of Mexico, U.S. Mid-Atlantic
 pelagic hook-and-line/harpoon.
TRAP/POT FISHERIES
Caribbean mixed species trap/pot               >501   None documented
Caribbean spiny lobster trap/pot               >197   None documented
Florida spiny lobster trap/pot..            unknown   West Indian
                                                       manatee, FL*+
                                                      Bottlenose
                                                       dolphin, WNA
                                                       coastal*+
Gulf of Mexico mixed species                unknown   None documented
 trap/pot.
Mid-Atlantic mixed species trap/            unknown   Humpback whale,
 pot.                                                  Gulf of Maine
                                                      Minke whale,
                                                       Canadian east
                                                       coast
                                                      Harbor porpoise,
                                                       GM/BF
Southeastern U.S. Atlantic, Gulf                 10   None documented
 of Mexico golden crab trap/pot.
Southeastern U.S. Atlantic, Gulf              4,453   Bottlenose
 of Mexico stone crab trap/pot.                        dolphin, Eastern
                                                       Gulf of Mexico
                                                       coastal
U.S. Mid-Atlantic eel trap/pot..               >700   None documented
U.S. Mid-Atlantic and Southeast                  30   None documented
 U.S. Atlantic black sea bass
 trap/pot.
STOP SEINE/WEIR/POUND NET
 FISHERIES:
Gulf of Maine herring and                        50   North Atlantic
 Atlantic mackerel stop seine/                         right 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 crab stop                   2,600   None documented
 seine/weir.
U.S. Mid-Atlantic mixed species                 500   None documented
 stop seine/weir (except the
 North Carolina roe mullet stop
 net).
DREDGE FISHERIES:
Gulf of Maine mussel............                >50   None documented
Gulf of Maine, U.S. Mid-Atlantic                233   None documented
 sea scallop dredge.
U.S. Mid-Atlantic/Gulf of Mexico              7,000   None documented
 oyster.
U.S. Mid-Atlantic offshore surf                 100   None documented
 clam and quahog dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach seine......                 15   West Indian
                                                       manatee,
                                                       Antillean
Gulf of Mexico haul/beach seine.            unknown   None documented
Southeastern U.S. Atlantic, haul/                25   None documented
 beach seine.

[[Page 6564]]

 
DIVE, HAND/MECHANICAL COLLECTION
 FISHERIES:
Atlantic Ocean, Gulf of Mexico,              20,000   None documented
 Caribbean shellfish dive, hand/
 mechanical collection.
Gulf of Maine urchin dive, hand/                >50   None documented
 mechanical collection.
Gulf of Mexico, Southeast                   unknown   None documented
 Atlantic, Mid-Atlantic, and
 Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
Atlantic Ocean, Gulf of Mexico,               4,000   None documented
 Caribbean commercial passenger
 fishing vessel.
------------------------------------------------------------------------
* Marine mammal stock is strategic or is proposed to be listed as
  strategic in the draft SARs for 2000.
+ Stock is listed as threatened or endangered under the ESA or as
  depleted under the MMPA. List of Abbreviations Used in Table 3 FL -
  Florida NC - North Carolina GA - Georgia SC - South Carolina GME/BF -
  Gulf of Maine/Bay of Fundy TX - Texas GMX - Gulf of Mexico WNA -
  Western North Atlantic

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed LOF for 2001, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities for the following reasons.
    Under existing regulations, all fishers participating in Category I 
or II fisheries, must register, obtain an Authorization Certificate, 
and pay a fee of $25. The Authorization Certificate authorizes the 
taking of marine mammals incidental to commercial fishing operations. 
NMFS has estimated that approximately 22,400 fishing vessels operate in 
Category I or II fisheries, and, therefore, are required to register. 
However, the registration for the majority of these fishers has been 
integrated with existing state or Federal registration programs, and 
those fishers do not need to register separately under the MMPA. 
Currently, approximately 3,800 fishers register directly with NMFS 
under the MMPA authorization program.
    This proposed rule would require the registration of approximately 
22,219\3\ additional fishers. Fisheries that are proposed to be 
elevated to Category II and whose participants would be required to 
register with NMFS include the Hawaii Swordfish, Tuna, Billfish, Mahi 
Mahi Wahoo, Oceanic Sharks, Longline/Set Line Fishery (140 
participants), the North Carolina Inshore Gillnet Fishery (94 
participants), the Gulf of Mexico Gillnet Fishery (724 participants), 
the Southeast Atlantic Gillnet Fishery (640 participants), the Atlantic 
Blue Crab Fishery (>16,000), and the Gulf of Mexico Blue Crab Fishery 
(4,113 participants). The California Longline Fishery (45 
participants), the Mid-Atlantic Pound Net Fishery (438 participants), 
the Northeast Trap/Pot Fishery (unknown number of participants), the 
North Carolina Long Haul Seine Fishery (33 participants) and the 
Northeast Drift Gillnet Fishery (unknown number of participants) are 
new fisheries that have been proposed to be added to the LOF this year 
as Category II fisheries.
---------------------------------------------------------------------------

    \3\This number includes 16,000 fishers who have historically 
participated in the Atlantic Blue Crab Fishery. NMFS is currently 
evaluating the current number of participants and will provide that 
information in a future LOF cycle.
---------------------------------------------------------------------------

    Participants in fisheries elevated to Category II or added to the 
LOF may already participate in Category I or II fisheries for which 
they currently register under the MMPA or participate in Federal or 
State fisheries with integrated registration programs, and therefore 
would not be required to register separately under the MMPA or pay the 
$25 registration fee.
    The $25 registration fee, with respect to anticipated revenues, is 
not considered significant. NMFS will also consider integrating 
registration requirements with other fisheries to minimize the 
registration burden on fishers. NMFS would waive the registration fee 
for fisheries where an integrated registration program can be arranged.
    As a result of the certification, a regulatory flexibility analysis 
was not prepared.
    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 Office of Management and Budget (OMB) 
control number. This proposed rule does not contain new collection-of-
information requirements subject to the Paperwork Reduction Act; 
however, the proposed addition of fisheries to Category II in the LOF 
could result in up to 22,219 fishers being subject to an existing 
collection-of-information requirement. However, NMFS expects that most 
of these fishers will not be required to do any additional reporting. 
For example, this number includes 16,000 fishers who have historically 
participated in the Atlantic Blue Crab Trap/Pot Fishery and 4,113 
fishers who have historically participated in the Gulf of Mexico Blue 
Crab Trap/Pot Fishery. NMFS is currently evaluating the current number 
of participants in these two fisheries and is planning to integrate 
registration with existing state or Federal registration programs as 
soon as possible. Also, many of the fishers may already participate in 
other Category I or II fisheries or participate in Federal or state 
fisheries with integrated registration programs and would not be 
required to register separately under the MMPA.
    The collection of information for the registration of fishers under 
the MMPA has been approved by the OMB under OMB control number 0648-
0293 (0.25 burden hours per report for new registrants and 0.15 burden 
hours for renewals). These estimates include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing burdens to NMFS and OMB (see 
ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    An environmental assessment was prepared under the National

[[Page 6565]]

Environmental Policy Act (NEPA) for regulations to implement section 
118 of the MMPA (1995 EA). The 1995 EA concluded that implementation of 
those regulations would not have a significant impact on the human 
environment. This proposed rule, if implemented, would not make any 
significant change in the management of reclassified fisheries, and 
therefore this proposed rule is not expected to change the analysis or 
conclusion of the 1995 EA. The classification of fisheries on the LOF 
is not considered to be a management action. If NMFS takes a management 
action, for example, through the development of a Take Reduction Plan 
(TRP), NMFS would prepare an environmental document as required under 
NEPA specific for that action.
    Changes to the proposed LOF for 2001 will not affect species listed 
as threatened or endangered under the Endangered Species Act (ESA) or 
their associated critical habitat. The impacts of numerous fisheries 
have been analyzed in various biological opinions and this proposed 
rule will not affect the conclusions of those opinions. The 
classification of fisheries on the LOF is not considered to be a 
management action that would impact threatened or endangered species. 
If NMFS takes a management action, for example, through the development 
of a Take Reduction Plan (TRP), NMFS would conduct consultation under 
section 7 of the ESA specific for that action.
    This proposed rule will have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs or take reduction 
teams.
    This proposed rule will not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this rule. 
Such comments should be sent to the Office of Protected Resources (see 
ADDRESSES).

    Dated: January 12, 2001.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-1542 Filed 1-19-01; 8:45 am]
BILLING CODE 3510-22-S