[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Rules and Regulations]
[Pages 42780-42801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20569]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 010103003-1199-02, 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: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
final List of Fisheries (LOF) for 2001 as required by the Marine Mammal 
Protection Act (MMPA). The final 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 under one of 
three categories, based upon the level of serious injury and mortality 
of marine mammals that occur 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: This final rule is effective September 14, 2001. However, 
compliance with the requirement to register with NMFS and to obtain an 
authorization certificate is delayed until January 1, 2002, for 
fisheries added or elevated to Category II in this final rule. For 
fisheries affected by the delay, see SUPPLEMENTARY INFORMATION.

ADDRESSES: Registration information, 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; Amy Van Atten, 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:

Delay In Compliance Date to Register Under the MMPA

    Compliance with the requirement to register with NMFS and to obtain 
an authorization certificate is delayed until January 1, 2002, for 
fisheries added or

[[Page 42781]]

elevated to Category II in this final rule. The delay affects the 
following fisheries: Atlantic blue crab trap/pot; California longline; 
North Carolina inshore gillnet; North Carolina long haul seine; 
Northeast drift gillnet; Northeast trap/pot; Virginia Pound net; and, 
Southeast Atlantic gillnet. Except for the delayed registration 
requirement, the above mentioned fisheries are considered to be 
Category II fisheries on the date that the 2001 LOF becomes effective, 
and are required to comply with all other requirements of Category II 
fisheries (i.e., comply with applicable take reduction plan 
requirements and carry observers if requested).

What Is the List of Fisheries?

    Under section 118 of the MMPA, NMFS must publish, at least 
annually, a 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 2001 (66 FR 6545, January 22, 2001).

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

    This final rule includes two tables that list all U.S. commercial 
fisheries by LOF Category. Table 1 lists all of the fisheries in the 
Pacific Ocean (including Alaska). Table 2 lists all of the fisheries in 
the Atlantic Ocean, Gulf of Mexico, and Caribbean.

Am I Required to Register Under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under 50 CFR 229.4 to register with NMFS and obtain a 
marine mammal authorization from NMFS in order to lawfully incidentally 
take a marine mammal in a commercial fishery. Owners of vessels or gear 
engaged in a Category III fishery are not required to register with 
NMFS or obtain a marine mammal authorization.

How Do I Register?

    You must register through 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 or other physical evidence of a current 
and valid registration that must be displayed or that must be in the 
possession of the master of each vessel while fishing (MMPA Section 
118(3)(A)).
    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; the Gulf of Maine/U.S. Mid-Atlantic lobster 
trap/pot fishery; the Federal portion of the Northeast sink gillnet 
fishery; and, the Federal portion of the Atlantic squid, mackerel, 
butterfish trawl 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).

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 aboard 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 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 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 Potential Biological Removal 
(PBR) levels for marine mammal stocks. PBR is defined by the MMPA as, 
``the maximum number of animals, not including natural mortalities, 
that may be removed from a marine mammal stock while allowing the stock 
to reach or maintain its optimum sustainable population.''
    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 to advise NMFS on population 
status and trends,

[[Page 42782]]

uncertainties in the science, research needs, and other issues.
    The LOF for 2001 was 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 final SARs for 2000 (66 FR 15081, 
March 15, 2001). The final SARs for 1999 and 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.

Comments and Responses

    NMFS received 13 comment letters on the proposed 2001 LOF (66 FR 
6545). Issues outside the scope of the LOF were not responded to in 
this final rule. Typographic errors noted by commenters were corrected 
where appropriate.

Comments on Registration Requirements

    Comment 1: Three commenters stated that the registration 
requirement is unnecessary, the fee unjustified, and that the proposed 
rule does not explain how the marine mammal resource will benefit from 
registration.
    Response: The MMPA requires that owners of a vessel engaged in a 
Category I or II fishery register and obtain an authorization for each 
vessel used in a Category I or II fishery and ensure that a decal or 
other physical evidence of a current and valid registration is 
displayed or in the possession of the master of each vessel (MMPA 
Section 118(3)(A)). The purpose of the registration requirement is to 
provide information that can be used to assess fishery efforts and 
their impacts on marine mammals (S Rep. No.220, 103rd Cong., 2d Sess. 6 
(1994)). Section 118(5)(C) of the MMPA authorizes NMFS to charge a fee 
for the granting of an authorization. However, the level of fees 
charged may not exceed the administrative costs incurred in granting an 
authorization. Registration also serves to authorize the take of marine 
mammals incidental to commercial fishing operations.
    NMFS recognizes that the registration requirement, although small, 
places a burden and expense on the participants in the fishery. To 
address this problem, NMFS has integrated the MMPA registration process 
with existing State and Federal fishery license, registration, or 
permit systems, when practicable, and will continue to work to 
integrate fisheries that have not yet been integrated. Participants in 
integrated fisheries are automatically registered under the MMPA and 
are not required to pay the registration fee. Refer to the section 
titled ``Which Fisheries Have Integrated Registration Programs?'' for 
additional information.
    Comment 2: One commenter stated that registering and authorizing 
fishermen in the Atlantic blue crab trap/pot fishery would be very 
difficult and would place an unnecessary burden and expense on the 
participants of the fishery.
    Response: NMFS recognizes that there are a large number of 
participants in the Atlantic blue crab trap/pot fishery, and that 
registering and authorizing those fishers will place a burden on both 
fishery participants and NMFS. As a result, NMFS is in the process of 
working to integrate the MMPA registration process for those fishers 
with existing State and Federal fishery license, registration, or 
permit systems. Because this fishery is primarily prosecuted in State 
waters and authorized through State licenses, the success of 
integration will depend heavily on cooperative efforts with the various 
State fisheries agencies. Once integration is completed in states where 
it is possible, participants in this fishery would not be required to 
register separately under the MMPA or pay the $25 fee.
    To provide additional time for NMFS to work with states to 
integrate the MMPA registration process with existing State or Federal 
license, registration, or permit systems, NMFS has delayed the 
compliance date for fisheries added or elevated to Category II in the 
2001 LOF to register with NMFS and obtain an authorization certificate 
until January 1, 2002. The delay affects the following fisheries: 
Atlantic Blue Crab Trap/Pot; California Longline; North Carolina 
Inshore Gillnet; North Carolina Long Haul Seine; Northeast Drift 
Gillnet; Northeast Trap/Pot; Virginia Pound Net; and, Southeast 
Atlantic Gillnet. Except for the delayed registration requirement, NMFS 
emphasizes that these fisheries are considered to be Category II 
fisheries on the date that the 2001 LOF becomes effective, and are 
required to comply with all other requirements of Category II fisheries 
(i.e., comply with applicable take reduction plan requirements, carry 
observers if requested, and report all incidental injuries or 
mortalities of marine mammals that occur during commercial fishing 
operations to NMFS). Category I and II fisheries not listed above must 
be registered and obtain a valid authorization certificate.

Comments on Fisheries in the Atlantic Ocean, Caribbean, or Gulf of 
Mexico

    Comment 3: One commenter stated that the Southeastern U.S. 
Atlantic, Gulf of Mexico shrimp trawl fishery may warrant elevation to 
Category II. Interactions with bottlenose dolphin are documented and 
additional observer effort should be placed in this fishery. The 
commenter noted that gillnet fishermen in North Carolina have stated in 
public meetings that they believe dolphins preferentially follow and 
forage in and around shrimp boats, and could therefore become entangled 
in the nets.
    Response: NMFS is evaluating stranding and observer data for this 
fishery to determine the degree of interaction between this fishery and 
marine mammals. NMFS will summarize the data in the proposed 2002 LOF.
    Comment 4: One commenter was concerned that gillnets in the 
Caribbean may be interacting with marine mammals in greater numbers 
than current data supports and recommended placing observers in these 
fisheries.
    Response: NMFS is currently monitoring marine mammal strandings in 
the Caribbean to determine whether marine mammals are interacting with 
the Caribbean gillnet fishery.
    Comment 5: One commenter stated that the buoy that entangled a 
bottlenose dolphin in the Southeastern U.S. Atlantic, Gulf of Mexico 
stone crab trap/pot fishery was attached at the other end of the line 
to a cement block. This is an unorthodox practice, it is probably 
illegal, and it could have been done by anyone.
    Response: NMFS agrees with the commenter. Further investigation 
indicated that this gear configuration is not a normal component of the 
stone crab fishery. NMFS will remove bottlenose dolphin (Eastern Gulf 
of Mexico coastal stock) from the species list for the Southeastern 
U.S. Atlantic, Gulf of Mexico stone crab trap/pot fishery.
    Comment 6: One commenter noted that there has never been a report 
of manatees becoming entangled in lobster or stone crab gear.
    Response: Upon consultation with the Fish and Wildlife Service, 
which has jurisdiction over manatees, the report of a manatee entangled 
in the spiny lobster trap/pot fishery was determined to be incorrect 
and was removed from the citation in the 2001 LOF. NMFS did not 
identify a manatee interaction with the stone crab gear in the proposed 
2001 LOF.
    Comment 7: One commenter noted that NMFS identified the stock of a

[[Page 42783]]

bottlenose dolphin killed incidental to the Florida spiny lobster trap/
pot fishery as from the Western North Atlantic coastal stock; however, 
the incident occurred in the Gulf of Mexico.
    Response: NMFS agrees with the commenter. NMFS will remove the 
Western North Atlantic coastal stock of bottlenose dolphin from the 
Florida spiny lobster trap/pot fishery and replace it with the Eastern 
Gulf of Mexico coastal stock. NMFS notes that this animal was released 
alive although the condition of the animal was unknown.
    Comment 8: One commenter stated that using the two-tiered fishery 
classification criteria in combination with an overly precautionary PBR 
calculation methodology ensures that even a fishery with a very limited 
interaction level is listed under Category II.
    Response: Section 118(c)(1)(A) of the MMPA requires NMFS to publish 
a list of commercial fisheries and classify each fishery based on 
whether it has a frequent (Category I), occasional (Category II), or 
remote likelihood or no known (Category III) incidental mortality and 
serious injury of marine mammals. To make an objective determination 
regarding what should be classified as ``frequent'', ``occasional'', or 
``remote,'' NMFS developed criteria to use when mortality and serious 
injury data and abundance data are available. The fishery 
classification criteria consists 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 PBR level for each marine mammal stock. Thus, the rate 
of interaction of a fishery with a marine mammal stock with a low PBR 
can be significant even it appears to be a minimal problem based on the 
size of the fishery or frequency of interactions.
    The MMPA defines PBR 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.'' The PBR level is the product of the following 
factors: (a) the minimum population estimate of the stock, (b) one-half 
the maximum theoretical or estimated net productivity rate of the stock 
at a small population size, and (c) a recovery factor of between 0.1 
and 1.0. The parameters in the PBR calculation are used because they 
are assumed to provide adequate accommodation of the amount of 
uncertainty observed in marine mammal and commercial fishery 
interactions. Extensive modeling has shown the PBR calculation to be 
robust to an appropriate range of bias and variance.
    Additionally, in the absence of representative information 
indicating the frequency of incidental mortality and serious injury of 
marine mammals by a commercial fishery, NMFS determines whether the 
incidental serious injury or mortality is ``occasional'' by evaluating 
other factors such as fishing techniques, gear used, methods used to 
deter marine mammals, target species, seasons and areas fished, 
qualitative data from logbooks or fisher reports, stranding data, and 
the species and distribution of marine mammals in the area.
    Comment 9: One commenter supported elevation of the Northeast Trap/
Pot Fishery.
    Response: Comment noted. The reclassification includes a Category 
II designation for crab trap/pot fisheries such as red crab and jonah 
crab fisheries but also includes fisheries of other species groups, 
such as hagfish, that are also caught in traps and pots.

Comments on the Atlantic Squid, Mackerel, and Butterfish Trawl Fishery

    Comment 10: One commenter supported elevation of this fishery to 
Category I.
    Response: Comment noted. NMFS agrees and is elevating this fishery 
to Category I in the 2001 LOF.
    Comment 11: One commenter stated that the consideration for 
elevation of the Atlantic squid, mackerel, and butterfish trawl fishery 
to Category I was precipitated in part by the observed take of one 
white-sided dolphin and one pilot whale during 1996-1998. According to 
the commenter, the data were not available to determine the 
applicability of using the ratio estimator method to expand the dolphin 
take to 161 animals. The commenter also stated that this approach may 
be an improper manipulation of the data since no correlation exists 
between fish catch and marine mammal interactions, and further 
inspection of the trip-level information regarding these two incidents 
is necessary.
    Response: The proposed elevation of this fishery was based on the 
data presented in the draft 2000 SAR, which indicated a serious injury/
mortality rate of greater than 50 percent of the PBR for both pilot 
whale and common dolphin stocks. In the final 2000 SAR, the PBR of the 
pilot whale stock(s) was increased from 78 to 113. As a result, the 
incidental serious injury/mortality for that stock during the period of 
analysis for this LOF no longer exceeds 50 percent of the PBR. In the 
final 2000 SAR, the PBR for the common dolphin stock was also increased 
(from 107 to 227). However, the serious injury/mortality of this stock 
remains in excess of PBR. Thus, NMFS is elevating the fishery in this 
LOF, but the action is now based solely on takes of common dolphins. As 
described in the final 2000 SAR, 3 mortalities were observed in this 
fishery in 1996 and one in 1997. NMFS is not making a correlation 
between fish catch and marine mammal interactions. NMFS uses total 
landings as a proxy for effort.
    NMFS data and analysis presented in the stock assessment reports 
are peer-reviewed and also made available for public review and 
comment, and we believe the data and analysis presented in the stock 
assessment reports are appropriate and scientifically justifiable. 
However, NMFS encourages the commenter to review and provide comment on 
the draft 2001 stock assessment reports.

Comments on the Mid-Atlantic Coastal Gillnet Fishery

    Comment 12: Comments were received both for and against elevation 
of this fishery. The commenters opposed to this action referenced 
problems with the coastal bottlenose dolphin stock assessment report 
with regard to stock size, stock structure, and PBR.
    Response: NMFS has decided not to elevate the fishery at this time. 
Although a Category I designation is warranted based on estimates of 
take relative to the current PBR of 25 for this stock, NMFS has new 
information regarding the coastal bottlenose dolphin stock that was not 
available at the time of the preparation of the proposed LOF. 
Therefore, NMFS has determined that it is more appropriate to evaluate 
the appropriate categorization of this fishery once the new stock 
information has been reviewed through the NMFS stock assessment report 
process. The Mid-Atlantic coastal gillnet fishery remains in Category 
II in this LOF.

Comments on the Atlantic Ocean, Caribbean, and Gulf of Mexico Large 
Pelagics Longline and Large Pelagics Drift Gillnet Fisheries

    Comment 13: One commenter stated that inappropriate data and 
analysis were used in the 2000 draft stock assessment reports for 
marine mammals

[[Page 42784]]

that interact with the Atlantic pelagic longline fishery.
    Response: NMFS believes data and analysis presented in the stock 
assessment reports are peer-reviewed and also made available for public 
review and comment, and we believe the data and analysis presented in 
the stock assessment reports are appropriate and scientifically 
justifiable. However, NMFS encourages the commenter to review and 
provide comment on the draft 2001 stock assessment reports.
    Comment 14: NMFS should remove the Atlantic pelagic drift gillnet 
fishery from the 2001 LOF because that fishery is now closed.
    Response: NMFS proposed to remove this fishery from the LOF because 
NMFS regulations now prohibit driftnetting for the swordfish and tuna 
component of this fishery. The listing for the Atlantic Ocean, 
Caribbean, and Gulf of Mexico large pelagics drift gillnet fishery is 
removed in this LOF. Any large or small mesh drift gillnet fisheries 
that do occur are incorporated into other LOF gillnet listings.
    Comment 15: NMFS should review and revise, as necessary, the 
species listed for each fishery to ensure that only those species known 
to incur injury or mortality incidental to specific fisheries are 
listed. NMFS should delete species that have not been documented or 
otherwise verified to have been seriously injured or killed by pelagic 
longline fishing gear. The commenter specifically identified species 
that NMFS should review.
    Response: NMFS will investigate whether the available data warrant 
changing the list of species that interact with this fishery. The 
species list in the LOF is reflective of historical information, rather 
than the most recent 5 years of data as presented in the SARs. The LOF 
tables list the marine mammal species/stocks incidentally injured or 
killed, including non-serious injuries, in each fishery based on 
observer data, logbook data, stranding reports, fishers' reports, 
anecdotal reports, and other sources of information. The list of 
species/stocks in the LOF includes all species or stocks known to incur 
injury or mortality for a given fishery; however, not all species or 
stocks identified are necessarily independently responsible for a 
fishery's classification.
    Comment 16: One commenter requested that NMFS subdivide the fishery 
into three regional fisheries in the LOF to more accurately reflect the 
biology of marine mammals to facilitate establishing a standardized 
process for monitoring effort, estimating serious injury and incidental 
mortality, and evaluating the effectiveness of reduction efforts.
    Response: NMFS addressed similar comments in the final LOF for 1997 
(see Comment/Response 37 in 62 FR 33, January 2, 1997) and the final 
LOF for 1999 (see Comment/Response 18 in 64 FR 9067, February 24, 
1999). In reviewing those actions, we determined that there was 
insufficient justification for a regional subdivision of the fishery. 
At this time, we are not aware of any new management efforts or changes 
in marine mammal take that would warrant a regional subdivision of the 
fishery.

Comments on the Atlantic Blue Crab Trap/Pot Fisheries

    Comment 17: One commenter supported elevation of this fishery to 
Category II.
    Response: Comment noted. NMFS agrees and is elevating this fishery 
to Category II in the 2001 LOF.
    Comment 18: One commenter opposed elevation of the Atlantic blue 
crab trap/pot fishery to Category II.
    Response: Comment noted. NMFS disagrees and is elevating this 
fishery to Category II in the 2001 LOF.
    Comment 19: Three commenters opposed the implementation of the rule 
requiring Delaware crab licensees to register for marine mammal 
authorization, citing no known incident of marine mammals becoming 
entangled in crab pot gear in Delaware waters.
    Response: Bottlenose dolphins are found in Delaware waters 
seasonally. NMFS is not aware of any evidence that either the crab pot 
fishery or the behavior of bottlenose dolphins in Delaware waters is 
different than in areas where takes have been documented or in a manner 
such that entanglement is not likely to occur. Since the distribution 
of the species overlaps the distribution of the fishery, there is a 
potential for incidental take. Therefore, inclusion of Delaware waters 
in the fishery listing is warranted. Also see response to Comment 2 for 
information on registration.
    Comment 20: One commenter recommended that the issue of potential 
threats of this fishery to bottlenose dolphin be referred to the 
Bottlenose Dolphin Take Reduction Team.
    Response: It is not the role of take reduction teams to decide what 
data are appropriate for inclusion in the LOF. The determination of 
data to use in the LOF is made by NMFS with advice from the Scientific 
Review Groups through the SAR process, to which the public can also 
provide input. The role of any take reduction team is to make 
recommendations on reducing the serious injury and mortality of marine 
mammals incidental to the various fisheries in which the impacts have 
been documented. However, NMFS will present data on this fishery to the 
take reduction team, and the take reduction team will have opportunity 
to review the data and provide comments on how it is collected, 
analyzed, and interpreted.
    Comment 21: One commenter stated that in spite of the large number 
of blue crab trap/pots that are in use in North Carolina, this gear 
poses minimum threat to bottlenose dolphin because of the low number of 
documented interactions.
    Response: The level of risk is determined relative to the PBR of 
the marine mammal stock in question, not relative to the size of the 
fishery. In addition, the threat of any one fishery must be viewed in 
the context of takes from all fisheries known to cause serious injury/
mortality. For stocks with low PBRs, even rare interactions can 
represent a significant threat of serious injury/mortality relative to 
PBR. 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). Data for states from Virginia north have not 
yet been examined in this context, but may include additional animals. 
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 were used as a minimum 
estimate of annual serious injury and mortality. Although the 
probability of a single blue crab trap/pot interacting with a 
bottlenose dolphin may be small, the large amount of gear and the 
evidence provided from stranding data indicate that there is an 
occasional likelihood of serious injury or mortality to bottlenose 
dolphin from blue crab trap/pot gear.
    Comment 22: One commenter stated that the description of the 
geographic range of the Atlantic blue crab trap/pot fishery is 
incorrect. It is not possible for an area to lie north of 72 deg.30' W 
longitude, the description does not clearly identify whether or not 
internal State waters are included in the geographic range of the 
fishery, and the offshore boundary of the range of the fishery is not 
identified. If the offshore boundary is intended to be 72 deg.30' W, it 
far exceeds the geographic range of the fishery since blue crab trap/
pots are primarily fished in coastal waters.

[[Page 42785]]

    Response: NMFS is aware that the Atlantic blue crab trap/pot 
fishery generally occurs to the west of 72 deg.30' W longitude. 
However, this line was chosen because it is a pre-existing line in the 
LOF and was originally designated to be consistent with a line 
recognized in Northeast fishery management plans. NMFS has chosen to 
use this line as a division between the Atlantic blue crab trap/pot 
fishery and the Northeast trap/pot fishery. The 72 deg.30' W line is 
administratively efficient because it is the same line dividing the 
Northeast sink gillnet and Mid-Atlantic coastal gillnet fisheries. The 
Atlantic blue crab trap/pot fishery includes all Atlantic blue crab 
effort west of a line extending due south from the south shore of Long 
Island at 72 deg.30' W, and south and east of the line beginning at the 
intersection of the outer boundary of the EEZ and 83 deg.00' W, then 
northward along that meridian to 24 deg.35' N (near the Dry Tortugas 
Islands), then eastward along that parallel. This includes state 
waters. For the full definition of the line of demarcation between the 
Atlantic Ocean and the Gulf of Mexico see 50 CFR 600.105(c)).
    Comment 23: One commenter stated that the elevation of this fishery 
is precipitated by a level of mortality that exceeds a threshold 
percentage of PBR. However, the PBR estimate for bottlenose dolphin is 
not scientifically defensible.
    Response: See response to Comment 8. NMFS acknowledges that there 
is new information regarding the coastal bottlenose dolphin stock that 
was not available at the time of the preparation of the proposed LOF 
(see response to Comment 12). The occasional documented occurrence of 
bottlenose dolphin interactions with the Atlantic blue crab fishery, in 
addition to bottlenose dolphin stranding data showing possible 
indications of pot interactions, indicate a Category II designation for 
the Atlantic blue crab fishery is warranted at this time until 
additional information indicates a different listing is warranted. 
Unlike observer programs, which provide an estimate of total mortality 
in a particular fishery, stranding data and documented takes represent 
a minimum count of the potential levels of interaction, and therefore 
serve to indicate potential problems, rather than quantifying them.
    Comment 24: One commenter stated that the information considered in 
the Tier 2 evaluation for this fishery is geographically inconsistent 
with the data used to determine the status of the bottlenose dolphin 
stock. The agency is using marine mammal mortality estimates from areas 
that are not incorporated in the bottlenose dolphin stock assessment.
    Response: Most of the Atlantic marine mammal stocks are migratory, 
and there is potential for a high degree of variability in abundance 
throughout the range at any given time. Thus, in order to estimate 
abundance of a stock, it is necessary to determine the optimal sampling 
strategy based on the most likely scenario for obtaining a reliable 
estimate of the stock in question. For example, although individuals of 
the Gulf of Maine/Bay of Fundy harbor porpoise stock travel to the Mid-
Atlantic, NMFS conducts the assessment in the extreme northeast portion 
of the summer range because the stock is concentrated for breeding in 
that time/area. The sampling strategy for the bottlenose dolphin 
abundance estimate was chosen as the best and most practicable survey 
scheme given knowledge of stock structure at that time. NMFS 
acknowledges that the abundance estimate in the 2000 SAR is problematic 
given new information about stock structure, and we will consider any 
new information in the next annual revision to the SAR. However, the 
abundance estimate in the 2000 SAR remains the currently published 
estimate for the entire coastal stock complex.
    Comment 25: One commenter stated that the dolphin mortality 
estimate for this fishery is derived solely from stranding network 
information. The training and expertise necessary to accurately 
determine fisheries interactions is not consistent throughout the 
region.
    Response: NMFS accepts and works within the limitations of 
stranding data. Mortalities are not counted as fishery interactions 
unless the training and expertise of the respective stranding network 
personnel is appropriate to evaluate whether there are indications of 
such interaction, or appropriate voucher specimens (e.g., photos) are 
available to confirm the determination. Fishing gear often leaves very 
clear marks on the skin of cetaceans such that it is possible to see 
mesh and knots in the case of gillnets or to clearly determine that a 
line was twisted multi-filament line as opposed to monofilament. The 
stranding network personnel are also instructed to take a very 
conservative approach when evaluating whether the carcass of a stranded 
animal exhibits signs of fishery interaction. Typically, the majority 
of stranded carcasses are assigned to a category entitled ``cannot be 
determined'' if there is uncertainty, if the carcass is too decomposed, 
or if stranding network personnel trained in recognizing signs of human 
interaction do not actually have the opportunity to examine the carcass 
and voucher specimens are unavailable. Additionally, NOAA Technical 
Memorandum NMFS-OPR-15, Gross Evidence of Human-Induced Mortality in 
Small Cetaceans, by Andrew J. Read and Kimberly T. Murray, July 2000, 
was designed to assist marine mammal researchers and stranding network 
members distinguish between fatal injuries due to human activities from 
those of natural causes.
    Comment 26: While it may be appropriate to use stranding data to 
focus observer programs, it is not appropriate to use stranding data to 
estimate total mortality for a given mammal stock.
    Response: NMFS does not use stranding data to estimate total 
mortality. Stranding data are used to provide a minimum count of 
animals that may have been killed or seriously injured incidental to 
fishing activities. However, NMFS agrees that currently stranding data 
cannot be used to extrapolate mortality and serious injury for an 
entire fishery. NMFS does use stranding data to focus observer 
programs.
    Comment 27: One commenter stated that the derivation of estimates 
of mortality and serious injury from this gear based on stranding 
records is inappropriate. Because observer data relative to bottlenose 
dolphin serious injury and mortality estimates for this fishery are 
unavailable, the mortality and serious injury from this gear cannot be 
reliably estimated.
    Response: NMFS agrees that stranding data cannot be used to 
extrapolate mortality and serious injury for an entire fishery because 
the level of fishing effort relative to a given stranding is unknown. 
Therefore, the catch-per-unit-effort cannot be calculated and an 
extrapolation to the total level of effort cannot be performed. 
Observer data are preferable if the coverage is sufficient to detect 
takes. However, there are some fisheries, particularly fisheries with 
many participants such as the blue crab fishery, for which it is not 
practicable to conduct a marine mammal observer program of sufficient 
sampling power given the current level of resources and technology. 
There is a similar problem with detecting large whale serious injury/
mortality in the lobster pot fishery, yet entanglements of whales in 
this gear continue to be reported from sources outside of the observer 
program. NMFS uses the best available data to determine whether there 
is a potential for occasional serious injury or

[[Page 42786]]

mortality of marine mammals incidental to the operation of a fishery. 
In the case of the blue crab fishery, stranding data are the best 
available data at the present time, and these data support elevation of 
the fishery to Category II. Furthermore, NMFS considers these data to 
be a minimum estimate of the total serious injury or mortality because 
not all animals that die as a result of entanglements are expected to 
strand. Also, some animals strand as a result of fishery-interactions, 
but because of the condition of the carcass when found, it is not 
possible to attribute the cause of death to a fishery-interaction. 
Those animals would therefore not be counted and would lead to an 
underestimate of the number of animals that strand as a result of 
fishery-interactions. Also see response to Comment 25.

Comments on the Mid-Atlantic Pound Net Fishery

    Comment 28: One commenter supported the elevation of this fishery 
to Category II.
    Response: NMFS appreciates the commenter's support of the proposed 
action. However, in this LOF, NMFS has revised both the name and the 
boundaries of the proposed fishery. Only pound nets fished in Virginia 
waters will be elevated to Category II. All other pound net effort will 
remain in the Category III Mid-Atlantic mixed species stop seine/weir/
pound net fishery (see ``Fishery Name and Organizational Changes'' 
section). The Virginia pound net fishery will include all pound net 
effort in Virginia waters, regardless of leader mesh size. NMFS has 
decided to limit the Category II pound net fishery to Virginia waters 
because bottlenose dolphin entanglements in pound nets appear to be 
concentrated in Virginia waters.
    NMFS is examining the nature of pound net, weir, and staked trap 
fisheries along the east coast, and when more information is available 
on the nature of these related fisheries, NMFS will determine whether 
the potential for take warrants reclassification of the pound net 
fishery in areas other than Virginia.
    Comment 29: One commenter opposed the elevation of the Mid-Atlantic 
pound net fishery to Category II.
    Response: Comment noted. See response to Comment 28 for information 
on the elevation of this fishery.
    Comment 30: One commenter recommended that the issue of potential 
threats of this fishery to bottlenose dolphin be referred to the 
Bottlenose Dolphin Take Reduction Team.
    Response: See response to Comment 20.
    Comment 31: One commenter stated that it is not appropriate to list 
a fishery as Category II on the basis of data that suggest that the 
fishery has occasional takes of bottlenose dolphin. In a study 
conducted by NMFS in 1988 to 1999, no bottlenose dolphin entanglements 
were observed in North Carolina pound nets in approximately 4,000 
observed sets. North Carolina Division of Marine Fisheries (NCDMF) 
studies observing 91 pound net trips, each with multiple sets, also 
observed no marine mammal interactions.
    Response: By definition, a Category II fishery is one that has 
occasional incidental serious injury and mortality of marine mammals 
(50 CFR 229.2). NMFS was not aware of the NCDMF pound net study until 
after the proposed 2001 LOF was published. Based on the NCDMF study, 
the NMFS Beaufort Laboratory's observation of the North Carolina pound 
net fishery, NMFS will leave the North Carolina pound net fishery in 
Category III under the current Mid-Atlantic stop seine/weir/pound net 
fishery. NMFS notes that upon further investigation by North Carolina 
Division of Marine Fisheries gear specialists, the marks from the 
stranded animal that was attributed to the North Carolina Long Haul 
Seine Fishery in the proposed 2001 LOF suggests entanglement in pound 
net gear. However, based on the information available, it is unclear 
whether a pound net or long haul seine entangled the animal. The NMFS 
Beaufort Laboratory will continue to observe the pound net fishery to 
study sea turtles, and will monitor whether any interactions with 
bottlenose dolphin are observed. Additionally, NMFS will continue to 
monitor the fishery through stranding data. NMFS will determine the 
appropriate name of the fishery given the ongoing analysis of similar 
gear types along the entire East Coast in a future LOF.
    Comment 32: The tier 2 evaluation of this fishery referenced two 
bottlenose dolphin carcasses found in the leads of pound nets in 
Virginia during 1993-1997. The pound net fishery in Virginia is much 
different than the North Carolina fishery, which occurs in much 
shallower water with leads constructed with smaller mesh sizes.
    Response: See responses to Comments 28 and 31. NMFS will continue 
to seek information on whether different mesh sizes used in pound net 
leads result in differential bycatch rates of bottlenose dolphins or 
any other marine mammal stock.
    Comment 33: The statement in the tier 2 evaluation of this fishery 
that other sources (than stranding data) of annual serious injury and 
mortality are not available is incorrect. The pound nets observed by 
NMFS and the NCDMF should qualify as other sources of annual serious 
injury and mortality and should be used to estimate bottlenose dolphin 
serious injury and mortality.
    Response: NMFS was not aware of the NCDMF study until after the 
proposed 2001 LOF was published. See response to Comment 31.

Comments on the North Carolina Long Haul Seine Fishery

    Comment 34: One commenter supported the elevation of the North 
Carolina long haul seine fishery to Category II.
    Response: Comment noted. NMFS agrees and has elevated this fishery 
to Category II in the 2001 LOF.
    Comment 35: One commenter opposed the elevation of the North 
Carolina long haul seine fishery to Category II.
    Response: Comment noted. NMFS disagrees and has elevated this 
fishery to Category II in the 2001 LOF.
    Comment 36: One commenter stated that the issue of potential 
threats of this fishery to bottlenose dolphin be referred to the 
Bottlenose Dolphin Take Reduction Team.
    Response: See response to Comment 20.
    Comment 37: One commenter reported that effort in this fishery has 
decreased to less than 20 crews and is expected to continue to decline 
because of infringement of fixed gear fisheries into traditional long 
haul fishing areas and competition from more efficient and less labor 
intensive fisheries. The prosecution of this fishery, which occurs 
primarily in the open waters of Pamlico Sound, and the construction of 
the gear would make it extremely difficult for a bottlenose dolphin to 
become entangled in the gear.
    Response: NMFS is aware of effort changes in this fishery. However, 
given the documented release of three animals from a long haul seine 
fishery, NMFS feels a Category II listing is warranted at this time. 
NMFS acknowledges that the prosecution of this fishery may affect the 
type of interaction with bottlenose dolphin (e.g., rather than being 
entangled they are encircled by the gear). However, a Category II 
designation would enable NMFS to address these occasional interactions 
through the take reduction team process and to better assess the extent 
of the problem.

[[Page 42787]]

    Comment 38: One commenter stated that from 1992 through 2000, the 
NCDMF conducted studies to characterize this fishery and collect 
bycatch data, observing 51 long haul trips. No bottlenose dolphin 
interactions were observed during the study.
    Response: NMFS was not aware of the NCDMF study until after the 
proposed 2001 LOF was published. However, NMFS believes that in light 
of the low level of observer coverage, additional observations are 
needed. If further observations indicate that interactions with 
bottlenose dolphins are rare, then NMFS will change the listing of this 
fishery accordingly.

Comments on the Gulf of Mexico Gillnet Fishery

    Comment 39: One commenter noted that there is no evidence that the 
Gulf of Mexico King and Spanish mackerel gillnet fishery has been 
involved in the accidental entanglement or subsequent mortality of 
bottlenose dolphins and requested that NMFS designate the fishery as 
Category III.
    Response: NMFS has decided to reevaluate the available data, and 
meanwhile maintain this fishery in Category III in the 2001 LOF. NMFS 
will continue to monitor serious injury and mortality of marine mammals 
in gillnet fisheries in the Gulf of Mexico and propose classification 
changes that are warranted by the data and other available information.
    Comment 40: One commenter supported the elevation of the Gulf of 
Mexico gillnet fishery to Category II and noted that additional data 
may indicate that this fishery warrants elevation to Category I.
    Response: Comment noted. See response to Comment 39.

Comments on Fisheries in the Pacific Ocean

    Comment 41: One commenter stated that many of the Alaskan gillnet 
fisheries remain in Category III despite evidence that where gillnets 
and cetaceans coincide, entanglements occur. The commenter believes 
that observer effort would provide evidence that interactions in this 
region are greater than expected.
    Response: NMFS is currently placing observers in Alaskan gillnet 
fisheries on a rotational basis and will use the data obtained to 
evaluate whether the current categorization of those fisheries is 
correct. The Alaska Marine Mammal Observer Program (AMMOP) is currently 
conducting a survey to make specific recommendations on methods to 
observe these small-boat fisheries. The remoteness, extreme 
environmental conditions, and short open seasons associated with these 
fisheries requires extensive knowledge of the fishing characteristics 
and geography before an efficient and effective observer program can be 
implemented. AMMOP observed the drift gillnet and set gillnet fisheries 
in Cook Inlet in 1999 and 2000 and is concentrating on the Kodiak 
salmon gillnet fisheries for 2001 and 2002. Suggestions from the Alaska 
Scientific Review Group will help determine where the most pressing 
needs will be for observer coverage, based on possible frequency and 
severity of marine mammal interactions. The Category II fisheries will 
have priority for observer coverage, but as the program expands, there 
will be more effort put into investigating the categorization of the 
Category III fisheries as well.
    Comment 42: One commenter stated that the Bering Sea Aleutian 
Islands (BSAI) groundfish trawl fishery and the BSAI groundfish 
longline fishery should be placed in Category II because the annual 
take of killer whales (North Pacific Northern resident stock or Eastern 
North Pacific Northern transient stock) attributable to both fisheries 
exceeds 1 percent of PBR. Additionally, the take of humpback whales 
(Western North Pacific stock or Central North Pacific stock) and 
Steller sea lions (Western U.S. stock) exceeds 1 percent of PBR for the 
BSAI groundfish trawl fishery.
    Response: Estimates of mortality and serious injury and the 
classification of the BSAI groundfish trawl and longline fisheries is 
based on high levels of industry-supported observer coverage. Observer 
coverage ranges between 53-74 percent in the BSAI groundfish trawl 
fishery and between 27-80 percent in the BSAI groundfish longline 
fishery, yielding mortality and serious injury estimates with a 
relatively high degree of confidence. The mortality and serious injury 
estimates are only slightly above 10 percent of PBR. At the current 
level, the serious injury and mortality rates are likely having a 
negligible impact on the stocks. Therefore, a reclassification is not 
necessary at this time.
    Comment 43: One commenter noted that many Hawaiian fisheries are 
conducted with gear types known to interact with cetaceans but that 
there is little observer coverage and a poorly supported stranding 
network in Hawaii. Additional effort to gather information on 
interactions is warranted.
    Response: all Hawaiian fisheries are currently classified as 
Category III because they are believed to have a remote likelihood or 
no known incidental mortality or serious injury of marine mammals. 
Under the MMPA, NMFS only has the authority to require observers in 
Category I and II fisheries except as described in 50 CFR 229.7(d). 
Additionally, other than a rotating observer program in the Alaska 
Region, existing marine mammal observer programs are tied directly to 
existing take reduction plans. NMFS will not be able to implement 
large, new observer programs for marine mammals until new funds are 
available or until the success of the current take reduction plans 
makes the associated observer programs unnecessary.
    Comment 44: One commenter stated that the CA angel shark/halibut 
and other species large mesh (>3.5 inch) set gillnet fishery is 
separated into two fisheries in the Pacific SARs.
    Response: Only one fishery exists. NMFS will correct the Pacific 
SARs to clarify that only one fishery exists.
    Comment 45: One commenter stated that the LOF places all salmon 
drift gillnet fisheries in Puget Sound into a single Category II 
fishery, which excludes treaty fishing from this designation. The 
Pacific SAR treats these fisheries separately in the SAR for the 
Washington Inland stock of the harbor porpoise. The SAR lists the 
estimated annual mortality from the ``Puget Sound treaty and non-treaty 
sockeye salmon gillnet'' component of the fishery as 15 animals. Given 
that this mortality is greater than 50 percent of the PBR for this 
stock (20), this fishery is more appropriately categorized as a 
Category I fishery.
    Response: The proposed 1996 LOF (60 FR 31666, June 16, 1995) and 
the final rule implementing section 118 of the MMPA (60 FR 45086, 
August 30, 1995) explains that treaty Indian tribal fisheries are 
conducted pursuant to the tribes' treaty rights. Existing treaty Indian 
fishing rights are not affected by the amendments to the MMPA, and 
therefore tribal fisheries are conducted under the authority of the 
Indian treaties rather than the MMPA. As a result, NMFS does not 
include reference to tribal fisheries in the LOF. The rationale for the 
categorization of the Puget Sound salmon drift gillnet fishery 
(excluding tribal fishing) is included in the 1996 LOF (60 FR 67063, 
December 28, 1996).

Comments on the Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, 
Oceanic Sharks Longline/Set Line (Hawaii Longline) and California 
Longline Fisheries

    Comment 46: Two commenters supported the proposed elevation of the 
Hawaii longline/set line fishery to Category II. One of the commenters 
also supported the addition of the California

[[Page 42788]]

longline fishery to Category II, but also noted that additional data 
may indicate that these two fisheries warrant elevation to Category I.
    Response: NMFS has decided not to elevate the Hawaii longline 
fishery to Category II in the 2001 LOF because of changes in the 
operation of the fishery and ongoing and planned data collection 
efforts that will improve knowledge about the level of marine mammal 
serious injury and mortality incidental to this fishery. NMFS will to 
continue to monitor serious injury and mortality in the Hawaii longline 
fishery and propose classification changes that are warranted by the 
data and other available information. See the response to Comment 48 
for additional information on the reasons why NMFS decided to maintain 
the Hawaii longline fishery in Category III. The California longline 
fishery is elevated to Category II in the 2001 LOF.
    Comment 47: Two commenters opposed the elevation of the Hawaii 
longline fishery to Category II.
    Response: NMFS has decided to maintain the Hawaii longline fishery 
in Category III in the 2001 LOF. See response to Comment 48 for 
additional information on the reasons why NMFS decided to maintain the 
Hawaii longline fishery in Category III.
    Comment 48: Two commenters stated that NMFS did not appropriately 
analyze the data in determining the appropriate classification of the 
Hawaii longline fishery. One commenter stated that the crux of the 
category analysis is not whether a fishery interacts with a marine 
mammal, but whether it has caused a defined amount of mortality and 
serious injury. To be in Category II, a fishery must cause 
``occasional'' incidental mortality and serious injury of marine 
mammals.
    One commenter stated that the abundance estimates and PBR levels 
used in the 2000 Pacific SARs were based on 12 aerial surveys conducted 
within 25 nautical miles of the main Hawaiian Islands. Therefore, NMFS 
is unable to perform the tier 1 and tier 2 analysis that it sets forth 
for other category elevations. These surveys covered approximately 
20,000 square miles, while the Hawaii longline fishery operates in an 
area over 4.5 million square nautical miles. Since no comprehensive 
marine mammal surveys have been completed for the remaining area in 
which the fishery operates, the survey data were used. This assessment 
should be extended to the entire range of the fishery and then compared 
to the take to arrive at a meaningful determination.
    One commenter noted that in the explanation of the proposed 
elevation of the Hawaii longline fishery, NMFS did not discuss the tier 
1 or tier 2 analysis, instead NMFS states that the fishery has been 
documented to interact with false killer whales, short-finned pilot 
whales, and several species of dolphins. NMFS cites no surveys, 
studies, or other information to indicate the number of interactions 
that may have occurred with these species or whether those numbers rise 
to the levels required by the regulations.
    One commenter stated that NMFS has failed to discuss whether the 
removal rate for these species by all fisheries, collectively, meets 
the requirement of the Category II definition.
    One commenter stated that NMFS strict protocol for data analysis 
was ignored. The proposed elevation for the Hawaii longline fishery is 
not legally or scientifically supported.
    One commenter stated that NMFS is required to use these 
alternative, qualitative factors to inform its analysis of whether a 
marine mammal's removal rate rises to annual levels comparable to ten 
percent of PBR with other fisheries, and one percent of PBR alone. NMFS 
has not performed this analysis, and even if it has, NMFS did not 
identify even one of the qualitative factors to make its decision.
    One commenter noted that NMFS states that the re-categorization of 
this fishery is consistent with the way NMFS has addressed other U.S. 
pelagic longline fisheries. Fisheries should not be categorized by 
``analogy'' if adequate research was not conducted.
    Response: Determination of ``frequent'', ``occasional'', and 
``remote'' in the LOF, as required by the MMPA, is subjective. To make 
the process more objective, NMFS developed criteria to use when 
mortality and serious injury data and abundance data are available. The 
criteria developed consists of a two-tiered, stock-specific approach, 
that first addresses the total impact of all fisheries on each marine 
mammal stock [tier 1], and then addresses the impact of individual 
fisheries on each stock [tier 2] by comparing the total annual 
mortality and serious injury of a stock of marine mammals with that 
stock's PBR level. 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 PBR level for each marine mammal stock. As defined in 
50 CFR 229.2, ``a commercial fishery that occasionally causes mortality 
or serious injury of marine mammals is one that, collectively with 
other fisheries, is responsible for the annual removal of more than 10 
percent of any marine mammal stock's potential biological removal level 
and that is, by itself, responsible for the annual removal of between 1 
and 50 percent, exclusive of any stocks's potential biological removal 
level.''
    As described in the proposed 2001 LOF, the draft 2000 Pacific SARs 
present data about the stocks of marine mammals that interact with the 
Hawaii longline fishery and calculate a rate of serious injury and 
mortality between the fishery and each stock of marine mammals based on 
observer data. NMFS acknowledges in the SARs and in the proposed 2001 
LOF that the aerial surveys conducted for marine mammals within the 
U.S. EEZ off of Hawaii underestimate the abundance and PBR level for 
those stocks. In the absence of more complete abundance estimates, NMFS 
recognizes that these values are considered minimum population 
estimates. As a result, NMFS did not base the proposal to elevate the 
Hawaii longline fishery to Category II strictly on a comparison between 
PBR and marine mammal mortality and serious injury (tier 1 and tier 2 
analysis).
    However, if data to conduct a quantitative tier analysis are 
unavailable or inappropriate, NMFS may use other, qualitative factors 
to determine the appropriate classification of a fishery. The 
definition of Category II fisheries in 50 CFR 229.2 provides for this 
situation, stating that, ``in the absence of reliable information 
indicating the frequency of incidental mortality and serious injury of 
marine mammals by a commercial fishery, the Assistant Administrator 
will determine whether the incidental serious injury or mortality is 
``occasional'' by evaluating other factors such as fishing techniques, 
gear used, methods used to deter marine mammals, target species, 
seasons and areas fished, qualitative data from logbooks or fisher 
reports, stranding data, and the species and distribution of marine 
mammals in the area.'' When using qualitative data, NMFS only needs to 
determine if the interaction rises to the level of ``occasional.''
    Three types of information were used to support the proposal to 
elevate the Hawaii longline fishery to Category II. First, observer 
data provided evidence of interactions between the Hawaii longline 
fishery and marine mammals that NMFS determined was more than a rare 
occurrence. As explained earlier in this response, the rate of 
interaction is determined by comparing the number of animals per year 
that are killed or seriously injured incidental to commercial fishing 
operations. It is not

[[Page 42789]]

based on a comparison of the number of animals killed or seriously 
injured to the number of sets made by a fishery. Therefore, the rate of 
interaction with a fishery with a marine mammal stock with a low PBR 
can be significant even if it appears to be a minimal problem based on 
the size of the fishery.
    Second, the Hawaii longline fishery has been documented to interact 
with a number of marine mammal species, including false killer whales, 
short-finned pilot whales, and several species of dolphins. The Pacific 
SARs explain in detail the interactions between this fishery and each 
stock of marine mammals. The citation for the SARs used to develop the 
proposed 2001 LOF was provided in the proposed rule and was available 
for reference by the public. NMFS does not present detailed information 
on analysis, studies, and surveys in the LOF because that information 
is available in the SARs. NMFS also has records of an interaction 
between the Hawaii longline fishery and a sperm whale in 1999 and a 
humpback whale in 1991, both of which are listed as endangered under 
the Endangered Species Act and strategic under the Marine Mammal 
Protection Act.
    Third, all other pelagic longline fisheries in the U.S. are 
classified as Category I or II. The use of analogy with other U.S. 
pelagic longline fisheries is appropriate because of the similarities 
between the Hawaii longline fishery and other U.S. pelagic longline 
fisheries in terms of the gear used and the target species.
    However, despite this information, NMFS has decided to maintain the 
Hawaii longline fishery in Category III for three reasons. First, NMFS 
is planning to conduct a new abundance survey in 2002 to estimate 
abundance for marine mammals inhabiting waters off of the main Hawaiian 
Islands and the Northwest Hawaiian Islands, including areas in which 
the Hawaii longline fishery operates. The data obtained from the 
abundance estimates will yield revised PBR levels for marine mammal 
stocks, which can then be compared to mortality and serious injury 
estimates from observer data in a tier analysis.
    Second, since publication of the proposed rule, a Biological 
Opinion (B.O.) on Proposed Authorization of Pelagic Fisheries under the 
Fishery Management Plan for the Pelagic Fisheries of the Western 
Pacific Region was issued by NMFS (March 30, 2001). The B.O. included 
several Reasonable and Prudent Alternatives (RPAs) to address the 
adverse effects of the Hawaii longline fishery on green, leatherback, 
and loggerhead turtles. The requirements included in the RPAs will 
change the operation of the Hawaii longline fishery. One of the RPAs 
prohibits swordfish style fishing methods. Although intended to reduce 
turtle bycatch, these RPAs should also reduce marine mammal bycatch 
incidental to the Hawaii longline fishery.
    Third, the B.O. includes terms and conditions to implement the 
RPAs, including continuing the Hawaii longline observer program at an 
annual average level of 20 percent. The observer coverage will allow 
NMFS to monitor serious injury and mortality to marine mammals that 
occurs incidental to the Hawaii longline fishery.
    The three factors will increase data and knowledge about marine 
mammals and serious injury and mortality of marine mammals incidental 
to the Hawaii longline fishery. NMFS will monitor the fishery and 
propose any classification changes that are warranted by the data.
    Comment 49: One commenter stated that there have been no drastic 
changes in the level of interactions observed with this fishery and 
marine mammals or in the range of species encountered. The 
implementation of the 50 nautical mile closed area around the 
Northwestern Hawaiian Islands has eliminated interactions with monk 
seals, decreasing diversity and interaction rate. NMFS should clarify 
the term ``diversity'' as applied to the Hawaii longline fishery and if 
a specific number of species must interact with a fishery for it to 
qualify for recategorization.
    Response: The MMPA does not define ``diverse'' or specify a 
threshold number of species or individuals when applied to fishery 
interactions with marine mammal species. The term ``diversity'' was 
used to explain that several species of marine mammals have been 
observed to interact with the Hawaii longline fishery. There is not a 
threshold number of species with which a fishery interacts for the 
fishery to qualify for recategorization. However, there are criteria 
defining the frequency of interaction between a fishery and marine 
mammals that are used to determine if a fishery qualifies to be 
recategorized. See 50 CFR 229.2 for additional information on the 
criteria used to categorize a fishery.
    Comment 50: One commenter notes that NMFS stated that 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. Because the proposed rule does not 
define the rate, the public is unable to comment on that rate. NMFS 
gives no information on the stock assessment numbers or PBR numbers of 
these species, so it is impossible to properly comment on NMFS' 
reliance on this information.
    Response: The proposed rule cited the draft 2000 Pacific SARs as a 
source of information about the stocks of marine mammals that interact 
with the Hawaii longline fishery, including the calculating of the rate 
of interaction between the Hawaii longline fishery and each stock of 
marine mammals based on observer data. The citation for the SARs used 
to develop the proposed 2001 LOF was provided in the proposed rule and 
was available for reference by the public. NMFS does not present 
detailed information on analysis, studies, and surveys in the LOF 
because that information is cited in the SARs.
    Additionally, all data presented in the SARs undergoes a peer-
review process through the regional Scientific Review Groups to ensure 
that the data and analysis used are scientifically justifiable and 
appropriate. The SARs are also made available each year for public 
review and comment.
    Comment 51: One commenter noted that NMFS does not state whether 
the interactions resulted in the ``removal'' of an animal as required 
by the Category II definition.
    Response: When conducting a tier analysis, NMFS compares the total 
annual mortality and serious injury of a stock of marine mammals with 
that stock's PBR level. As cited in the proposed rule and as explained 
in the response to Comment 50, the SARs explain the interactions that 
have occurred between a fishery and a marine mammal in more detail, 
including whether the interaction caused serious injury or mortality.
    Comment 52: One commenter stated that recategorizing the Hawaii 
longline fishery would impose an additional burden on the longline 
fishery by requiring the owner of each vessel to obtain a marine mammal 
authorization certificate.
    Response: Owners or operators of vessels or gear engaged in a 
Category I or II fishery are required to register with NMFS to obtain a 
marine mammal authorization and pay a $25 fee unless NMFS has 
integrated the MMPA registration process with an existing State and 
Federal license, registration, or permit system. If the Hawaii longline 
fishery was elevated to Category II, the MMPA registration program 
would have been integrated with the Hawaii longline limited access 
permit system, and therefore participants in the Hawaii longline 
fishery would not have been required to register separately and pay

[[Page 42790]]

the $25 fee, posing no additional burden on participants of the 
fishery.
    Comment 53: One commenter stated that the requirements of a 
Category II classification would include the burden of mandatory use of 
logbooks and observer programs.
    Response: A Category II classification does not require the use of 
logbooks. However, all fishers, regardless of the classification of 
their fishery in the LOF, are required to report all incidental 
injuries or mortalities of marine mammals within 48 hours after the end 
of each fishing trip during which the incidental mortality or injury 
occurred, or, for non-vessel fisheries, within 48 hours of the 
occurrence. Category I and II fisheries are required to accommodate an 
observer on board upon request. Observer coverage is already required 
for the Hawaii longline fishery to comply with the Endangered Species 
Act, and in the course of their duties, those observers collect data on 
marine mammals. Therefore, the vessels in the Hawaii longline fishery 
will not have been subjected to additional observer requirements if the 
fishery had been elevated to Category II.
    Comment 54: One commenter stated that if the Hawaii longline 
fishery is elevated to Category II, fishermen will face additional 
paperwork and licensing burdens. This burden will soon be eclipsed, 
however, by the requirement that all vessels accommodate observers at 
the request of the Federal government. Fishermen might even be required 
to pay for those observers. In addition, as a Category II fishery, 
vessels will be subject to fishing restrictions developed under a take 
reduction plan, which is clearly not ecologically required in this 
case. NMFS has not demonstrated that such additional expenses are 
necessary.
    Response: The elevation of a fishery to Category I or II could have 
three consequences. First, owners or operators of vessels or gear 
engaged in a Category I or II fishery are required to register with 
NMFS to obtain a marine mammal authorization and pay a $25 fee unless 
NMFS has integrated the MMPA registration process with existing State 
and Federal license, registration, or permit systems. See response to 
Comment 52 for additional information on the registration process.
    Second, owners of vessels or gear operating in a Category I or II 
fishery are required to accommodate an observer on board upon request. 
This provision allows NMFS to collect data to better characterize 
marine mammal interactions. See response to Comment 53 for additional 
information on observer coverage in the Hawaii longline fishery.
    Third, fishers participating in a Category I or II fishery are 
required to comply with any applicable take reduction plans. Currently, 
no take reduction plan exists for the Hawaii longline fishery. Funding 
available for take reduction plans is currently being used for the 
development and implementation of other take reduction plans, and 
therefore NMFS has no plans to convene a take reduction team for the 
Hawaii longline fishery in the foreseeable future. Therefore, 
recategorization of the Hawaii longline fishery to Category II would 
not have been expected to place additional burden or expense on 
participants in that fishery.
    Comment 55: One commenter stated that using data more than five 
years old (as in the citation of the humpback whale in 1991) may 
violate the time limit for data citation.
    Response: As general guidance, NMFS uses five years of data to 
calculate a mean annual mortality and serious injury for marine mammals 
for use in the SARs. However, there is no specific time limit for data 
citation and NMFS scientists determine the most appropriate data to use 
on a case-by-case basis. The data and resulting analyses are peer 
reviewed by NMFS' Scientific Review Groups and are also made available 
for public review and comment.
    Comment 56: One commenter stated that the citation of an 
interaction with a humpback whale in 1991 may not have been with a 
longline deployed by this fishery, but with a short longline deployed 
by tuna handline fishermen.
    Response: As documented in the 2000 SAR, fishery observers recorded 
one humpback whale from the Central North Pacific stock entangled in 
pelagic longline gear in 1991.
    Comment 57: One commenter presented a calculation for false killer 
whales and concluded that the PBR should be 229 whales instead of the 
0.8 whales as stated in the FR notice and SARs.
    Response: How PBR is calculated is outside of the scope of this 
rulemaking. The data that is used to prepare the LOF is based on NMFS 
SARs. All data presented in the SARs undergoes a peer-review process 
through the regional Scientific Review Groups to ensure that the data 
and analysis used are scientifically justifiable and appropriate. The 
SARs are also made available each year for public review and comment.
    Comment 58: One commenter noted that the proposed 2001 LOF added 
the California longline fishery to Category II. However, this fishery 
is not listed as an authorized fishery subject to the jurisdiction of 
the Pacific Fishery Management Council. This omission needs to be 
remedied on the Magnuson-Stevens Fishery Conservation and Management 
Act (MSFCMA) List of Fisheries.
    Response: NMFS will review the MSFCMA List of Fisheries and make 
appropriate changes.
    Comment 59: One commenter stated that inaccurate data were used to 
justify the categorization of the California longline fishery in 
Category II. The proposed LOF mentioned that logbooks showed an 
interaction with a Hawaiian monk seal in the California longline 
fishery, but also that NMFS believes the identification to be 
incorrect.
    Response: The mention of the Hawaiian monk seal in a logbook was 
not thought to be correct, and therefore NMFS did not consider that 
report in the decision of whether or not to propose categorizing the 
California longline fishery as Category II.

Additional Comments

    Comment 60: One commenter stated that NMFS has not identified the 
economic consequences of the rule as required by the Regulatory 
Flexibility Act. NMFS has not satisfied its obligations under the 
National Environmental Policy Act, since the Environmental Assessment 
on which it relies is over five years old. Nor has NMFS evaluated 
properly whether the proposed rule will in fact have no effect on 
endangered or threatened species under the Endangered Species Act 
because implementation of a take reduction plan could benefit humpback 
whales.
    Response: As explained in the Classification section of the 
proposed rule, NMFS reviewed and explained the economic consequences as 
required by the Regulatory Flexibility Act and certified that the 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities.
    NMFS obligations under the National Environmental Policy Act and 
Endangered Species Act are also satisfied. As explained in the 
Classification section of the proposed rule and in the Classification 
section to this final rule, the final 2001 LOF would not make any 
significant change in the management of reclassified fisheries, and, 
therefore, it would not change the analysis or conclusion of the 1995 
Environmental Assessment. For any management action taken, for example 
development of a Take Reduction Plan, NMFS would prepare environmental

[[Page 42791]]

documents specific to that action as required under NEPA and section 7 
of the ESA.
    Comment 61: One commenter requested an extension of the public 
comment period because the public comment period on the proposed 2001 
LOF closed before the 2000 final SARs were released.
    Response: The proposed rule explained NMFS process for 
incorporating information from the SARs in the proposed and final LOF 
(66 FR 6547). NMFS specifically structured the SAR and LOF cycles so 
that the draft SARs would be used in the proposed LOF. If information 
in the final SARs changes as a result of public comment on the draft 
SARs, that new information is incorporated into the final LOF. This 
cycle ensures that the LOF uses the most recent available data to 
categorize fisheries. Additionally, when the draft SARs are made 
available for public comment, they have already been extensively peer-
reviewed by the Scientific Review Groups. Both the SARs and LOF are 
available for public comment and both documents are revised each year, 
providing considerable opportunity for public comment.
    Comment 62: One commenter stated that the classification of 
aquaculture facilities in Category III is inappropriate. Despite 
prohibitions, shooting of marine mammals continues to occur and is 
likely to increase with the increase in Federal support for 
aquaculture.
    Response: The intentional lethal take of marine mammals was made 
illegal by the 1994 amendments to the MMPA, except in situations where 
it is imminently necessary in self defense or to save the life of a 
person in immediate danger. Incidental, but not intentional, serious 
injury or mortality to marine mammals from commercial fishing 
operations are used for categorizing fisheries for the LOF, as stated 
in section 118(c) of the MMPA. The incidental serious injury and 
mortality rate of marine mammals in aquaculture facilities places those 
facilities in Category III.

Summary of Changes to the LOF for 2001

    With the following exceptions, the placement and definitions of 
U.S. commercial fisheries are identical to those provided in the LOF 
for 2000. The following summarizes changes in fishery classification, 
fishery definition, number of participants in a particular fishery, the 
species that are designated as strategic stocks, and the species and/or 
stocks that are incidentally killed or seriously injured that are made 
final by this LOF for 2001.

Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean

Fishery Classification

    The ``Atlantic Squid, Mackerel, Butterfish Trawl Fishery'' is moved 
from Category II to Category I.
    The ``Atlantic and Gulf of Mexico Blue Crab Trap/Pot Fishery'' is 
divided into two fisheries, the ``Atlantic Blue Crab Trap/Pot Fishery'' 
and the ``Gulf of Mexico Blue Crab Trap/Pot Fishery.'' The ``Atlantic 
Blue Crab Trap/Pot Fishery'' is elevated from Category III to Category 
II. NMFS is maintaining the ``Gulf of Mexico Blue Crab Trap/Pot 
Fishery'' in Category III to reevaluate the available data on this 
fishery's interactions with marine mammals. NMFS will continue to 
monitor serious injury and mortality in the ``Gulf of Mexico Blue Crab 
Trap/Pot Fishery'' and will propose classification changes that are 
warranted by the data and other available information.
    The ``North Caroline Inshore Gillnet Fishery'' is moved from 
Category III to Category II.
    All Southeastern Atlantic Gillnet Fisheries (except for the 
separate Category II ``Southeastern U.S. Atlantic Shark Gillnet 
Fishery'') are moved from Category III to Category II and renamed the 
``Southeast Atlantic Gillnet Fishery.'' The ``Southeast Atlantic 
Gillnet Fishery'' includes the ``Florida East Coast Pelagics King and 
Spanish Mackerel Gillnet Fishery,'' and the shad component of the 
previous ``Southeast U.S. Atlantic Coastal Shad, Sturgeon Gillnet 
Fishery.'' New information since publication of the proposed rule 
indicates that there are an additional 139 participants in the 
Southeast shad component of this fishery. This increases the total 
number of participants in the ``Southeast Atlantic Gillnet Fishery'' to 
779.

Addition of Fisheries to the LOF

    The ``Caribbean Gillnet Fishery'' is added to the LOF as a Category 
III fishery.
    The ``Caribbean Mixed Species Trap/Pot Fishery'' is added to the 
LOF as a Category III fishery.
    The ``Gulf of Mexico Haul/Beach Seine Fishery'' is added to the LOF 
as a Category III fishery.
    The ``Gulf of Mexico Mixed Species Trap/Pot Fishery'' is added to 
the LOF as a Category III fishery.
    The ``Gulf of Mexico Mixed Species Trawl Fishery'' is added to the 
LOF as a Category III fishery.
    The ``Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and 
Caribbean Cast Net Fishery'' is added to the LOF as a Category III 
fishery.
    The ``North Carolina Long Haul Seine Fishery'' is added to the LOF 
as a Category II fishery. This fishery is separate from the Category II 
``Mid-Atlantic Haul/Beach Seine Fishery.''
    In the proposed LOF for 2001, NMFS proposed to add two fishery 
listings to the LOF: the ``Northeast Anchored Pelagic Gillnet Fishery'' 
and the ``Northeast Drift Gillnet Fishery.'' Since the proposed rule 
was published, NMFS has changed how gillnet fishing effort data are 
recorded. In response, NMFS identified four categories of gillnet 
fishing effort: (1) Anchored Sink Gillnet, (2) Drift Sink Gillnet, (3) 
Anchored Float Gillnet, and (4) Drift Float Gillnet. To distinguish 
fisheries by the type of gillnet used, NMFS revised the gillnet fishery 
classification. The Category I ``Northeast Sink Gillnet Fishery'' uses 
anchored sink gillnet gear. The Category II ``Northeast Anchored 
Pelagic Gillnet Fishery'' identified in the proposed LOF is renamed the 
``Northeast Anchored Float Gillnet Fishery.'' Drift sink gillnet and 
drift float gillnet gear are included in the Category II ``Northeast 
Drift Gillnet Fishery.''
    The ``Northeast Trap/Pot Fishery'' is added to the LOF as a 
Category II fishery.
    The ``Southeastern U.S. Atlantic, Gulf of Mexico Golden Crab Trap/
Pot Fishery'' is added to the LOF as a Category III fishery.
    The ``Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab Trap/
Pot Fishery'' is added to the LOF as a Category III fishery.
    The ``Virginia Pound Net Fishery'' is added to the LOF as a 
Category II fishery. In the proposed LOF for 2001, NMFS proposed to 
elevate the pound net fishery in the entire Mid-Atlantic area to 
Category II based on evidence of coastal bottlenose dolphin mortality 
in pound net leaders in Virginia. NMFS determined that interactions 
between bottlenose dolphins and pound nets in the Chesapeake Bay area, 
specifically in the Virginia-water portion, occasionally occur. In 
addition to the data presented in the proposed 2001 LOF, several recent 
mortalities of bottlenose dolphins in pound net leaders have occurred 
in the Chesapeake Bay area. Other pound net effort in the Mid-Atlantic 
is incorporated into the Category III ``U.S. Mid-Atlantic Mixed Species 
Stop Seine/Weir/Pound Net Fishery.''

Removals of Fisheries from the LOF

    The ``Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics 
Drift Gillnet Fishery'' is removed from the LOF. Any large or small 
mesh drift gillnet fisheries

[[Page 42792]]

that do occur are incorporated into other LOF gillnet listings.
    The Category III ``Gulf of Maine, Southeast U.S. Atlantic Coastal 
Shad, Sturgeon Gillnet Fishery'' is removed from the LOF. Sturgeon is a 
prohibited species in State and Federal waters, and gillnet fishing for 
shad in the southeast is now included in the Category II ``Southeast 
Atlantic Gillnet Fishery.'' Gillnet fishing for shad in the Northeast 
is included in the Category I ``Northeast Sink Gillnet Fishery,'' the 
Category II ``Northeast Anchored Float Gillnet Fishery'', or the 
Category II ``Northeast Drift Gillnet Fishery,'' depending on the type 
of gear used. Gillnet fishing for shad in the Mid-Atlantic is included 
in the Category II ``U.S. Mid-Atlantic Coastal Gillnet Fishery.''

Fishery Name and Organizational Changes

    The Category III ``Bluefish, Croaker, Flounder Trawl Fishery'' is 
incorporated into the Category III ``Mid-Atlantic Mixed Species Trawl 
Fishery.''
    The Category III ``Gulf of Mexico Inshore Gillnet Fishery,'' the 
``Gulf of Mexico Coastal Gillnet Fishery,'' and the ``Gulf of Mexico 
King and Spanish Mackerel Gillnet Fishery'' are combined into the 
Category III ``Gulf of Mexico Gillnet Fishery.''
    The Category II ``Gulf of Maine Small Pelagics Surface Gillnet 
Fishery'' is incorporated into the Category II ``Northeast Anchored 
Float Gillnet Fishery.''
    The Category I ``Gulf of Maine, U.S. Mid-Atlantic Lobster Trap/Pot 
Fishery'' is renamed the ``Northeast/Mid-Atlantic American Lobster 
Trap/Pot Fishery.''
    The Category III ``Gulf of Maine, U.S. Mid-Atlantic Mixed Species 
Trap/Pot Fishery'' is separated into the Category II ``Northeast Trap/
Pot Fishery'' and the Category III ``Mid-Atlantic Mixed Species Trap/
Pot Fishery.''
    The title of the Category II ``Haul Seine Fisheries'' category is 
renamed ``Haul/Beach Seine Fisheries'' for clarity.
    The title of the Category III ``Haul Seine Fisheries'' category is 
renamed ``Haul/Beach Seine Fisheries'' and the ``Beach Seine 
Fisheries'' category is removed for clarity.
    The Category II ``Mid-Atlantic Haul Seine Fishery'' is split into 
the Category II ``North Carolina Long Haul Seine Fishery'' and the 
Category II ``Mid-Atlantic Haul/Beach Seine Fishery.''
    The Category III ``Mid-Atlantic, Southeastern U.S. Atlantic, Gulf 
of Mexico Shrimp Trawl Fishery'' is renamed the ``Southeastern U.S. 
Atlantic, Gulf of Mexico Shrimp Trawl Fishery.''
    The Category III ``Southeastern U.S. Atlantic, Gulf of Mexico 
Snapper-Grouper and Other Reef Fish Bottom Longline/Hook-and-Line 
Fishery'' is renamed the ``Southeastern U.S. Atlantic, Gulf of Mexico, 
and Caribbean Snapper-Grouper and Other Reef Fish Bottom Longline/Hook-
and-Line Fishery.''
    The Category III ``Southeastern U.S. Atlantic, Caribbean Haul Seine 
Fishery'' is divided into the Category III ``Southeastern U.S. Atlantic 
Haul/Beach Seine Fishery'' and the Category III ``Caribbean Haul/Beach 
Seine Fishery.'' The ``Caribbean Haul/Beach Seine Fishery'' combines 
the Category III ``Caribbean Haul Seine Fishery'' and the Category III 
``Caribbean Beach Seine Fishery.''
    The Category III ``U.S. Mid-Atlantic Mixed Species Stop/Seine/Weir 
Fishery'' is renamed the ``U.S. Mid-Atlantic Mixed Species Stop Seine/
Weir/Pound Net(except the North Carolina Roe Mullet Stop Net) 
Fishery.''
    The Category III ``Southeastern U.S. Atlantic, Gulf of Mexico, 
Caribbean Spiny Lobster Trap/Pot Fishery'' is split into the Category 
III ``Florida Spiny Lobster Trap/Pot Fishery'' and the Category III 
``Caribbean Spiny Lobster Trap/Pot Fishery.''

Number of Vessels/Persons

    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.
    The estimated number of participants in the ``Calico Scallops Trawl 
Fishery'' is updated to 12.
    The estimated number of participants in the ``Florida Spiny Lobster 
Trap/Pot Fishery'' is updated to 2,145.

List of Species That Are Incidentally Injured or Killed by a Particular 
Fishery

    The reference to a West Indian Manatee, FL stock is removed, and 
the stock of the bottlenose dolphin is changed to Eastern Gulf of 
Mexico coastal stock for the ``Florida Spiny Lobster Trap/Pot 
Fishery.''
    The North Atlantic humpback whale stock is added to the list of 
species or stocks interacting with the ``Mid-Atlantic Menhaden Purse 
Seine Fishery.'' A humpback whale was reported by a fishery as 
entangled in a purse seine and released alive.
    The Atlantic spotted dolphin stock is added to the ``Southeastern 
U.S. Atlantic Shark Gillnet Fishery,'' due to an observed take of the 
animal incidentally caught and released alive.
    The reference to the Bottlenose dolphin, Eastern Gulf of Mexico 
coastal stock, was removed from the ``Southeastern U.S. Atlantic Gulf 
of Mexico Stone Crab Trap/Pot Fishery.''

Commercial Fisheries in the Pacific Ocean

Addition of Fisheries to the LOF

    The ``Alaska Herring Spawn on Kelp Pound Net Fishery is added to 
the LOF as a Category III fishery. This fishery includes fisheries of 
Southeast Alaska and Prince William Sound.
    The ``Alaska Snail Pot Fishery'' is added to the LOF as a Category 
III fishery. This fishery targets three species of sea snails in the 
Bering Sea using small pots (less than 18 inches, 45.7 cm).
    The ``California Longline Fishery'' is added to the LOF as a 
Category II fishery. This fishery is primarily directed at swordfish 
caught outside of the U.S. EEZ off of California, but unloading their 
catch in California ports.

Fishery Name and Organizational Changes

    The Category III ``Alaska Clam Hand Shovel Fishery'' and the 
``Alaska Clam Mechanical/Hydraulic Fishery'' are renamed the ``Alaska 
Clam Fishery.''
    The ``Alaska Southern Bering Sea, Aleutian Islands, and Western 
Gulf of Alaska Sablefish Longline/Set Line (Federally Regulated Waters) 
Fishery'' is split into the into the ``Alaska Bering Sea, Aleutian 
Islands Groundfish Longline/Set Line (Federally Regulated Waters, 
Including Miscellaneous Finfish and Sablefish) Fishery'', the ``Alaska 
Gulf of Alaska Groundfish Longline/Set Line (Federally Regulated 
Waters, Including Miscellaneous Finfish and Sablefish),'' and the 
``Alaska State-Managed Waters, Groundfish Longline/Set Line (Including 
Sablefish, Rockfish, and Miscellaneous Finfish)'' Fishery. The ``Alaska 
State Waters Sablefish Longline/Set Line Fishery'' and the ``Alaska 
Miscellaneous Finfish/Groundfish Longline/Set Line Fishery'' would be 
incorporated appropriately into the three new fisheries. All of these 
fisheries are Category III fisheries.
    The ``Alaska Octopus/Squid ``Other'' Fishery'' is renamed the 
``Alaska Octopus/Squid Pot Fishery.''
    The ``Alaska Southeast Alaska Herring Food/Bait Pound Net Fishery'' 
is renamed the ``Alaska Southeast Herring Roe/Food/Bait Pound Net 
Fishery.''
    The ``Southeast Alaska Salmon Drift Gillnet Fishery'' is renamed 
the ``Alaska Southeast Salmon Drift Gillnet Fishery''

[[Page 42793]]

List of Fisheries

    The following two tables list U.S. commercial fisheries according 
to their assigned categories under section 118 of the MMPA. The 
estimated number of vessels/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 1; commercial fisheries in the Atlantic Ocean, Gulf 
of Mexico, and Caribbean are included in Table 2. An asterisk (*) 
indicates that the stock is a strategic stock; a plus (+) indicates 
that the stock is listed as threatened or endangered under the 
Endangered Species Act.

  Table 1--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*+

[[Page 42794]]

 
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
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
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.

[[Page 42795]]

 
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).
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                    876   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.
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
WA, OR, CA groundfish,                          367   None documented
 bottomfish longline/set line.
WA, OR North Pacific halibut                    350   None documented
 longline/set line.
TRAWL FISHERIES:

[[Page 42796]]

 
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
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 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

[[Page 42797]]

 
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
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.
\+\ stock is listed as threatened or endangered under the Endangered
  Species Act (ESA) or as depleted under the MMPA. List of Abbreviations
  Used in Table 1: AK, Alaska; CA , California; HI, Hawaii; GOA, Gulf of
  Alaska; OR, Oregon, and WA, Washington


 Table 2--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
LONGLINE FISHERIES:                                   ..................

[[Page 42798]]

 
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:                                   ..................
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:                                    ..................
North Carolina inshore gillnet..                 94   Bottlenose
                                                       dolphin, WNA
                                                       coastal*+
Northeast anchored float gillnet                133   Humpback whale,
                                                       WNA*+
                                                      White-sided
                                                       dolphin, WNA*
                                                      Harbor seal, WNA
Northeast drift gillnet.........            unknown   None documented
Southeast Atlantic gillnet......                779   Bottlenose
                                                       dolphin, WNA
                                                       coastal
Southeastern U.S. Atlantic shark                 12   Bottlenose
 gillnet.                                              dolphin, WNA
                                                       coastal*
                                                      North Atlantic
                                                       right whale,
                                                       WNA*+
                                                      Atlantic spotted
                                                       dolphin, 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
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
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:                                  ..................

[[Page 42799]]

 
Virginia pound net..............                187   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*
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*
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.
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..              2,145   Bottlenose
                                                       dolphin, Eastern
                                                       Gulf of Mexico
                                                       coastal

[[Page 42800]]

 
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*+
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   None documented
 of Mexico stone crab trap/pot.
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                 751   None documented
 stop seine/weir/ pound net
 (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.
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.
+ Stock is listed as threatened or endangered under the ESA or as
  depleted under the MMPA.
List of Abbreviations Used in Table 2: 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 final rule would not have a significant 
economic impact on a substantial number of small entities, as certified 
in the proposed rule. For convenience, the factual basis leading to the 
certification is repeated below, updated with new information available 
on the number of participants since publication of the proposed rule 
and a delay in the compliance date for registering with NMFS.
    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 rule would require the registration of approximately 
17,138\1\additional fishers. Fisheries that are elevated to Category 
II in this final rule and whose participants would be required to 
register with NMFS include: the North Carolina Inshore Gillnet 
Fishery (94 participants); the Southeast Atlantic Gillnet Fishery 
(779 participants); and the Atlantic Blue Crab Fishery (>16,000). 
Fisheries that have been added to Category II of the LOF in this 
final rule include: the California Longline Fishery (45 
participants); the Virginia Pound Net Fishery (187 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).
---------------------------------------------------------------------------

    \1\ This number includes 16,000 fishers who have historically 
participated in the Atlantic Blue Crab Trap/Pot Fishery. NMFS is 
currently evaluating the current number of participants in this 
fishery and will provide that information in a future LOF cycle.

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[[Page 42801]]

    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 an additional $25 registration fee.
    NMFS is planning to integrate registration requirements with 
other fisheries to minimize the registration burden on fishers as 
soon as possible. NMFS would waive the registration fee for 
fisheries where an integrated registration program can be arranged.
    To further reduce the burden of registering, NMFS has delayed 
the compliance date for fisheries added or elevated to Category II 
in this final rule to register with NMFS and obtain an authorization 
certificate until January 1, 2002. The delay will give NMFS more 
time to work to integrate the MMPA registration process with 
existing state or Federal license, registration, or permit systems. 
As a result, NMFS expects that fewer than 2,000 fishers are likely 
to have to register directly with NMFS. The delay affects the 
following fisheries: Atlantic blue crab trap/pot; California 
longline; North Carolina inshore gillnet; North Carolina long haul 
seine; Northeast drift gillnet; Northeast trap/pot; Virginia Pound 
Net; and, Southeast Atlantic gillnet. These fisheries are considered 
to be Category II fisheries on the date that the 2001 LOF becomes 
effective and are required to comply with all other requirements of 
Category II fisheries (i.e., comply with applicable take reduction 
plan requirements, carry observers if requested, and report all 
incidental injuries or mortalities of marine mammals that occur 
during commercial fishing operations to NMFS). Category I and II 
fisheries not listed above must be registered and obtain a valid 
authorization certificate.
    The $25 registration fee, with respect to anticipated revenues, is 
not considered significant. As a result of this certification, a 
regulatory flexibility analysis was not prepared.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act. 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 per report 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 
collection of information, including suggestions for reducing burden, 
to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid Office of Management and Budget (OMB) 
control number.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    An environmental assessment (EA) was prepared under the National 
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 final rule would not make any significant change in 
the management of reclassified fisheries, and, therefore, this final 
rule is not expected to change the analysis or conclusion of the 1995 
EA. If NMFS takes a management action, for example, through the 
development of a Take Reduction Plan (TRP), NMFS will first prepare an 
environmental document as required under NEPA specific for that action.
    This final rule 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 final 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 adversely 
affect threatened or endangered species. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would 
conduct consultation under section 7 of the ESA specific for that 
action.
    This final 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 final 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.

    August 7, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-20569 Filed 8-14-01; 8:45 am]
BILLING CODE 3510-22-S