[Federal Register Volume 68, Number 7 (Friday, January 10, 2003)]
[Proposed Rules]
[Pages 1414-1430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-523]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[021213308-2308-01, 111802B]
RIN 0648-AQ60


List of Fisheries for 2003

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The National Marine Fisheries Service (NMFS) proposes changes 
for 2003 to the List of Fisheries (LOF) as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2003 reflects new 
information on interactions between commercial fisheries and marine 
mammals. Under the MMPA, NMFS must place each commercial fishery on the 
LOF into one of three categories based upon the level of serious injury 
and mortality of marine mammals that occurs incidental to that fishery. 
The categorization of a fishery in the LOF determines whether 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
requirements.

DATES: Comments must be received by February 10, 2003.

ADDRESSES: Send comments to Chief, Marine Mammal Conservation Division,

[[Page 1415]]

Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    Comments regarding the burden-hour estimates or any other aspect of 
the collection of information requirements contained in this proposed 
rule should be sent to the Chief, Marine Mammal Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910 and to the Office of Information and Regulatory 
Affairs, OMB, Attention: NOAA Desk Officer, Washington, DC 20503.
    Registration information, 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: Marcia Hobbs.
    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: Tanya Dobrzynski, Office of Protected 
Resources, 301-713-2322; Kim Thounhurst, Northeast Region, 978-281-
9138; Katie Moore, Southeast Region, 727-570-5312; Cathy Campbell, 
Southwest Region, 562-980-4060; 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:

What is the List of Fisheries?

    Under section 118 of the MMPA, NMFS must publish, at least 
annually, an LOF that places all U.S. commercial fisheries into one of 
three categories based on the level of incidental serious injury and 
mortality of marine mammals that occurs in each fishery (16 U.S.C. 1387 
(c)(1)). 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 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the Potential Biological 
Removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as 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. This definition can also be found in the 
implementing regulations for Section 118 at 50 CFR 229.2.
    Tier 1: If the total annual mortality and serious injury across all 
fisheries that interact with a stock is less than or equal to 10 
percent of the PBR level of this stock, all fisheries interacting with 
this stock would be placed in Category III. Otherwise, these fisheries 
are subject to the next tier (Tier 2) of analysis to determine their 
classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level.
    Tier 2, Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level.
    Tier 2, Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level.
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. Additional details 
regarding how threshold percentages between the categories were 
determined are provided in the preamble to the final rule implementing 
section 118 of the MMPA (60 FR 45086, August 30, 1995).
    Note that, since fisheries are categorized on a per-stock basis, a 
fishery may qualify as one Category for one marine mammal stock and a 
distinct Category for a different marine mammal stock. A fishery is 
typically placed on the LOF at its highest level of classification 
(e.g., a fishery that qualifies for Category III for one marine mammal 
stock and for Category II for another marine mammals stock will be 
listed under Category II).

Other Criteria That May Be Considered

    In the absence of reliable information indicating the frequency of 
incidental mortality and serious injury of marine mammals by a 
commercial fishery, NMFS will determine whether the incidental serious 
injury or mortality qualifies for Category II by evaluating other 
factors such as fishing techniques, gear used, methods used to deter 
marine mammals, target species, seasons and areas fished, qualitative 
data from logbooks or fisher reports, stranding data, and the species 
and distribution of marine mammals in the area, or at the discretion of 
the Assistant Administrator (50 CFR 229.2).

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

    This proposed rule includes two tables that list all U.S. 
commercial fisheries by LOF Category. Table 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 the MMPA (16 U.S.C. 1387(c)(2)), as described in 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?

    Fishers must register with the Marine Mammal Authorization Program 
(MMAP) by contacting the relevant NMFS Regional Office (see ADDRESSES) 
unless they participate in a fishery that has an integrated 
registration program (described below). Upon receipt of a completed 
registration, NMFS will issue vessel or gear owners 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

[[Page 1416]]

while fishing in accordance with Section 118 of the MMPA (16 U.S.C. 
1387(c)(3)(A)).

What is the Process for Registering in an Integrated Fishery?

    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 
submit registration or renewal materials or pay the $25 registration 
fee. Following is a list of integrated fisheries and a summary of the 
integration process for each Region. Fishers who operate in an 
integrated fishery and have not received registration materials should 
contact their NMFS Regional Office (see ADDRESSES).

Which Fisheries Have Integrated Registration Programs?

    The following fisheries have integrated registration programs under 
the MMPA:
    1. All Alaska Category II fisheries.
    2. All Washington and Oregon Category II fisheries.
    3. Northeast Regional fisheries for which a state or Federal permit 
is required. Individuals fishing in fisheries for which no state or 
Federal permit is required must register with NMFS by contacting the 
Northeast Regional Office (see ADDRESSES).
    4. All North Carolina, South Carolina, Georgia, and Florida 
Category II fisheries for which a state permit is required.

Alaska Region

    The Alaska Region has integrated MMAP registration for Alaska 
Category II fisheries with the Alaska State system for registering 
commercial vessels and permitting commercial fishers. Therefore, if a 
vessel owner plans to participate in one or more of the Category II 
fisheries and is licensed under the State of Alaska's Commercial 
Fisheries Entry Program, the vessel owner will be registered 
automatically in the MMAP and will not have to submit MMAP registration 
or renewal materials or pay a processing fee. The information required 
for MMAP registration will be obtained by NMFS directly from the State 
of Alaska and will be automatically incorporated into the NMFS MMAP 
database. At the beginning of each calendar year, permitted vessel 
owners and set net operators will be sent an MMAP certificate for that 
year, an MMAP decal, the terms and conditions of the authorization, and 
marine mammal injury and mortality reporting forms. MMAP certificates 
will be valid only if presented with a valid fishing permit.

Northwest Region

    Washington and Oregon have integrated MMAP registration with 
existing permit programs for all Washington and Oregon Category II 
fisheries. These states issue MMAP certificates for Category II 
fisheries as part of the fishing license renewal process. MMAP 
certificates will be valid only if presented with a valid fishing 
permit. If a vessel owner plans to participate in one or more of the 
Category II fisheries or has a license issued by the states of Oregon 
or Washington, the vessel owner will be registered automatically in the 
MMAP and will not have to submit MMAP registration or renewal materials 
or pay a processing fee.

Southwest Region

    No Southwest Region fisheries are integrated under the MMAP.

Northeast Region

    In the Northeast Region, MMAP registration is integrated with 
existing fishing permit processes for all fishers engaged in Category I 
or II fisheries for which a state or federal permit is required. At the 
beginning of each calendar year, these vessel owners will be sent an 
MMAP certificate for that year, the terms and conditions of the 
authorization, and marine mammal and injury reporting forms. However, 
all state and Federal permit holders that receive new permits for 
Category I or II fisheries after the beginning of the calendar year 
must submit a registration or renewal application to NMFS Northeast 
Regional Office (see ADDRESSES). MMAP certificates will be valid only 
if presented with a valid state or Federal fishing permit. Individuals 
fishing in Category I or II fisheries in the Northeast Region for which 
state or federal permits are not required must register under the MMAP 
by submitting a registration or renewal form to NMFS Northeast Regional 
Office (see ADDRESSES). No fees are required for either integrated or 
non-integrated fisheries.

Southeast Region

    NMFS has integrated registration for all participants in North 
Carolina, South Carolina, Georgia, and Florida Category II fisheries 
for which a state permit is required. Therefore, for these fisheries, 
the vessel owner will be registered automatically in the MMAP and will 
not have to submit MMAP registration or renewal materials or pay a 
processing fee. At the beginning of each calendar year, these vessel 
owners will be sent an MMAP certificate for that year, the terms and 
conditions of the authorization, and marine mammal and injury reporting 
forms. MMAP certificates will be valid only if presented with a valid 
state permit. All fishers who plan to participate in any other Category 
I or II fishery in the Southeast Region must register under the MMAP by 
submitting a registration or renewal form and the processing fee to 
NMFS. The Southeast Region is currently working towards integrating 
additional state and federal licensing and permitting systems with the 
MMAP.

How Do I Renew My Registration Under the MMPA?

    Regional Offices, except for the Northeast Region, annually send 
renewal packets to participants in Category I or II fisheries that have 
previously registered; however, it is the responsibility of the fisher 
to ensure that registration or renewal forms are completed and 
submitted to NMFS at least 30 days in advance of fishing. Individuals 
who have not received a renewal packet by January 1 or are registering 
for the first time should 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?

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or fisher (in the case of non-vessel 
fisheries), participating in a Category I, II, or III fishery must 
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, regardless of the absence of any wound or 
other evidence of an injury, 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 vessel(s) upon request. Observer 
requirements can be found in 50 CFR 229.7.

[[Page 1417]]

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.

Sources of Information Reviewed for the Proposed 2003 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 stranding data, observer program 
data, fisher self-reports, and other information that is not included 
in the SARs.
    NMFS SARs provide the best available information on both the level 
of serious injury and mortality of marine mammals that occurs 
incidental to commercial fisheries and the PBR levels for marine mammal 
stocks.
    The information contained in the SARs is reviewed by regional 
scientific review groups (SRGs) representing Alaska, the Pacific 
(including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and the 
Caribbean. 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, stock structure, uncertainties in the science, 
research needs, and other issues.
    The proposed LOF for 2003 was based on information provided in the 
final SARs for 1996 (63 FR 60, January 2, 1998), the final SARs for 
2001 (67 FR 10671, March 8, 2002), and the draft SARs for 2002 (67 FR 
19417, April 19, 2002).

Summary of Changes to the Proposed LOF for 2003

    With the following exceptions, the placement and definitions of 
U.S. commercial fisheries are identical to those provided in the LOF 
for 2002. The following summarizes changes in fishery classification, 
fishery definition, fisheries listed on the LOF, number of participants 
in a particular fishery, and the species and/or stocks that are 
incidentally killed or seriously injured in a particular fishery, that 
are proposed for the 2003 LOF.

Commercial Fisheries in the Pacific Ocean: Fishery Classification

Alaska Bering Sea Aleutian Islands Groundfish Trawl Fishery

    NMFS proposes to elevate the Alaska (AK) Bering Sea and Aleutian 
Islands (BSAI) groundfish trawl fishery to Category II based on a 
review of observer data from 1995-1999 and the following tier analysis. 
Observer coverage in the AK BSAI groundfish trawl fishery ranged from 
53 percent to 76 percent per year between 1990 and 2000. Marine mammal 
species incidentally injured or killed in the AK BSAI groundfish trawl 
fishery include: western North Pacific stock of humpback whales, 
eastern North Pacific stock of resident killer whales, eastern North 
Pacific stock of transient killer whales, central North Pacific stock 
of humpback whales, western U.S. stock of Steller sea lions, northeast 
Pacific stock of fin whales, North Pacific stock of Pacific white-sided 
dolphin, Bering Sea stock of harbor porpoise, Eastern Pacific stock of 
northern fur seals, Bering Sea stock of harbor seals, Alaska stock of 
bearded seals, Alaska stock of ringed seals, Alaska stock of spotted 
seals, Alaska stock of Dall's porpoise, Alaska stock of ribbon seals, 
CA breeding stock of northern elephant seals, Alaska stock of sea 
otters, and Alaska stock of Pacific walrus.
    Tier 1 Evaluation: Total annual incidental mortality and serious 
injury across all fisheries is greater than or equal to 10 percent of 
the PBR levels for the following stocks: western North Pacific humpback 
whales, eastern North Pacific resident killer whales, eastern North 
Pacific transient killer whales, central North Pacific humpback whales, 
and western U.S. Steller sea lions. Therefore, the AK BSAI Groundfish 
Trawl Fishery is subject to Tier 2 analysis.
    Tier 2 Evaluation: Total annual mortality and serious injury of the 
western North Pacific stock of humpback whales in this fishery is 0.4 
animals per year, or 57.1 percent of the PBR level (0.7 animals per 
year). Because this level of mortality and serious injury exceeds 50 
percent of the PBR level, this fishery qualifies for elevation to 
Category I.
    Total annual mortality and serious injury of the eastern North 
Pacific transient stock of killer whales in this fishery is 0.6 animals 
per year, or 14.3 percent of the PBR level (2.8 animals per year). 
Because this level of mortality and serious injury exceeds 1 percent of 
the PBR level but is less than 50 percent of the PBR level, this 
fishery qualifies for elevation to Category II.
    Total annual mortality and serious injury of the eastern North 
Pacific resident stock of killer whales in this fishery is 0.6 animals 
per year, or 8.3 percent of the PBR level (7.2 animals per year). 
Because this level of mortality and serious injury exceeds 1 percent of 
the PBR level but is less than 50 percent of the PBR level, this 
fishery qualifies for elevation to Category II.
    Total annual mortality and serious injury of the central North 
Pacific stock of humpback whales in this fishery is 0.4 animals per 
year, or 5.4 percent of the PBR level (7.4 animals per year). Because 
this level of mortality and serious injury exceeds 1 percent of the PBR 
level but is less than 50 percent of the PBR level, this fishery 
qualifies for elevation to Category II.
    Total annual mortality and serious injury of the western U.S. stock 
of Steller sea lions in this fishery is 7.8 animals per year, or 3.8 
percent of the PBR level (208 animals per year). Because this level of 
mortality and serious injury exceeds 1 percent of the PBR level but is 
less than 50 percent of the PBR level, this fishery qualifies for 
elevation to Category II.
    The data presented above, specifically the serious injury and 
mortality of western North Pacific humpback whales, appears to justify 
placement of the AK BSAI groundfish trawl fishery into Category I. 
However, NMFS considered additional information about the data. The PBR 
level for western North Pacific humpback whales is based on a minimum 
population estimate of 367 animals, which may be an underestimate of 
the true population size. Recent vessel surveys of a small portion of 
the Bering Sea resulted in an estimate of approximately 1,100 humpback 
whales. However, it is not possible to determine what portion of this 
estimate can be assigned to the central stock versus the western stock 
of humpback whales. If the minimum population estimate for the western 
stock is underestimated by only 43 animals, total annual mortality and 
serious injury in this fishery would be less than 50 percent of the PBR 
level and the fishery would qualify for Category II.
    Additionally, it is not known whether the humpback whale 
mortalities incidental to this fishery (1 in 1998 and 1 in 1999) should 
be assigned to the western or central stocks. The mortalities are 
assigned to both stocks (i.e., 2 mortalities assigned to the western 
stock and 2 mortalities assigned to the central stock) and therefore 
the mortalities are ``double-counted'' in the above tier analysis. If 
one mortality was from the western stock and one mortality was from the 
central stock, NMFS could not justify placing this fishery in Category 
I.
    Finally, this analysis reflects observer data through 1999. Based 
on preliminary data from 2000, one unidentified large whale was killed 
incidental to this fishery. Photographs

[[Page 1418]]

of this incident clearly show that the unidentified animal was not a 
humpback whale. Further examination of the photographs may provide 
additional insight as to the species. Preliminary data from 2000 also 
indicate that the numbers of Steller sea lions seriously injured or 
killed remained roughly comparable to the numbers in previous years 
(approximately 6-7 animals per year).
    For the reasons listed above, NMFS proposes to elevate the AK BSAI 
groundfish trawl fishery to Category II.

California/Oregon Thresher Shark/Swordfish Drift Gillnet Fishery 
([gteqt]14 in. mesh)

    NMFS proposes to reclassify the Category I California/Oregon (CA/
OR) thresher shark/swordfish drift gillnet fishery ([gteqt]14 in. mesh) 
as Category II. This fishery includes all vessels using drift gillnets 
of greater than or equal to 14 inch stretched mesh to target thresher 
shark and swordfish off California and Oregon. It operates primarily 
outside of state waters to about 150 miles offshore, and ranges from 
the U.S./Mexico border north to the Columbia River in Oregon. Observer 
coverage in this fishery ranged from 22.7 percent to 20.4 percent from 
1997 to 2001.
    The Pacific Offshore Cetacean Take Reduction Team (Team) was 
convened in 1996 to address incidental mortality and serious injury of 
marine mammals in this fishery. NMFS implemented a Pacific Offshore 
Cetacean Take Reduction Plan (Plan) in 1997 based on the Team's 
recommendations. As a result of the Plan, serious injury and mortality 
of marine mammals has been reduced to below 50 percent of the PBR level 
for the marine mammal stocks interacting with this fishery. Therefore, 
NMFS proposes to reclassify this fishery as Category II. NMFS will 
continue to place observers on vessels participating in this fishery 
and work with the Team to monitor and address entanglement of marine 
mammals in the fishery. The Team supported the reclassification of this 
fishery at their meeting in May 2002.
    NMFS' analysis of the incidental mortality and serious injury of 
marine mammals in this fishery is based on observer data collected 
between 1997 and 2001. Marine mammals incidentally injured or killed in 
the CA/OR thresher shark/swordfish drift gillnet fishery between 1997 
and 2001 include: U.S. stock of CA sea lions, CA breeding stock of 
northern elephant seals, California/Oregon/Washington (CA/OR/WA) stock 
of Dall's porpoise, CA/OR/WA Northern and Southern stocks of Pacific 
white-sided dolphin, CA/OR/WA stock of Risso's dolphin, CA/OR/WA stock 
of short-beaked common dolphin, CA/OR/WA stock of long-beaked common 
dolphin, CA/OR/WA stock of northern right-whale dolphin, CA/OR/WA stock 
of short-finned pilot whales, CA/OR/WA stock of sperm whales, CA/OR/WA 
stock of fin whales, and eastern North Pacific stock of gray whales. 
There are approximately 113 participants in this fishery, which is the 
number of permits issued for this fishery by California Department of 
Fish and Game in 2001. Following is the Tier analysis supporting the 
reclassification of this fishery.
    Tier 1 Evaluation: The estimated total annual incidental mortality 
and serious injury across all fisheries is greater than 10 percent of 
the PBR levels for the following stocks: U.S. stock of CA sea lions, 
CA/OR/WA stock of northern right-whale dolphin, CA/OR/WA stock of 
short-finned pilot whales, CA/OR/WA stock of sperm whales, and CA/OR/WA 
stock of fin whales. Therefore, this fishery is subject to Tier 2 
analysis for these stocks.
    Tier 2 Evaluation: The average annual estimated mortality and 
serious injury of California sea lions incidental to the CA/OR thresher 
shark/swordfish drift gillnet fishery during 1997-2001 was 82 animals 
per year, or 1.2 percent of the PBR level for California sea lions 
(6,591 animals per year). Because this level of mortality and serious 
injury exceeds 1 percent of the PBR level but is less than 50 percent 
of the PBR level, this fishery qualifies for reclassification as a 
Category II fishery.
    The average annual estimated mortality and serious injury of 
northern right-whale dolphins incidental to this fishery during this 
period was 23.8 animals per year, or 24.5 percent of the PBR level for 
this stock (97 animals per year). Because this level of mortality and 
serious injury exceeds 1 percent of the PBR level but is less than 50 
percent of the PBR level, this fishery qualifies for reclassification 
as a Category II fishery.
    The average annual estimated mortality and serious injury of short-
finned pilot whales incidental to this fishery from 1997-2001 was 1.2 
animals per year, or 21.1 percent of the PBR level for this stock (5.7 
animals per year). Because this level of mortality and serious injury 
exceeds 1 percent of the PBR level but is less than 50 percent of the 
PBR level, this fishery qualifies for reclassification as a Category II 
fishery.
    The average annual estimated mortality and serious injury of sperm 
whales incidental to this fishery during this period was 1 animal per 
year, or 47.8 percent of the PBR level for this stock (2.1 animals per 
year). Because this level of mortality and serious injury exceeds 1 
percent of the PBR level but is less than 50 percent of the PBR level, 
this fishery qualifies for reclassification as a Category II fishery.
     The average annual estimated mortality and serious injury of fin 
whales incidental to this fishery from 1997 to 2001 was 1 animal per 
year, or 31.3 percent of the PBR level for this stock (3.2 animals per 
year). Because this level of mortality and serious injury exceeds 1 
percent of the PBR level but is less than 50 percent of the PBR level, 
this fishery qualifies for reclassification as a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR level for all marine mammal stocks 
described in the Tier 2 analysis, NMFS proposes to reclassify this 
fishery as Category II.

AK Cook Inlet Salmon Drift Gillnet Fishery

    NMFS proposes to reclassify the Cook Inlet salmon drift gillnet 
fishery from Category II to Category III. The Category II Cook Inlet 
salmon drift gillnet fishery was observed in 1999 and 2000. One serious 
injury of a Gulf of Alaska harbor porpoise was observed in the drift 
gillnet fishery during the 2000 fishing season. This take constitutes 
less than 1 percent of the PBR for Gulf of Alaska harbor porpoise (PBR 
= 166). There were no other marine mammal stocks reported interacting 
with this fishery during the 1999-2000 fishing seasons. Based on the 
observed level of take in this fishery, NMFS proposes to reclassify the 
fishery as Category III at this time. An analysis of all takes in this 
fishery from 1995-2000, relative to the classification criteria support 
a reclassification from Category III to Category II.

AK Cook Inlet Salmon Set Gillnet Fishery

    The Category II Cook Inlet set gillnet fishery was observed in 1999 
and 2000. No serious injuries or mortalities of marine mammals were 
observed in this fishery. Therefore, NMFS proposes to reclassify this 
fishery from Category II to Category III.

Addition of Fisheries to the LOF

CA Yellowtail, Barracuda, White Seabass, and Tuna Drift Gillnet Fishery 
(mesh size  3.5 inches and <14 inches)

    NMFS proposes to add the CA yellowtail, barracuda, white seabass,

[[Page 1419]]

and tuna drift gillnet fishery (mesh size  3.5 inches and < 
14 inches) to the LOF as a Category II fishery based on this fishery's 
similarity to other drift gillnet fisheries, and therefore, its 
potential to entangle marine mammals. California Department of Fish and 
Game logbook and landings data for 1999-2001 indicate that there are 
approximately 24 vessels that use drift gillnets of greater than 3.5 
inches and less than 14 inches to target yellowtail, barracuda, and 
white seabass of southern California, as well as to target bluefin and 
albacore tuna primarily off central California. These drift gillnets 
are up to 6,000 feet long and are set at the surface. Of the 24 vessels 
known to participate in this fishery in 1999-2001, 19 vessels targeted 
white seabass during 1999 and 2000, making a total of 277 sets; 7 
vessels targeted yellowtail during 1999 and 2000, making a total of 45 
sets; and 7 vessels targeted tuna, making a total of 43 sets in 2001.
    NMFS does not currently have observer data on the mortality or 
serious injury of marine mammals incidental to this fishery. 
Nonetheless, this fishery has a potential to entangle marine mammals 
because other drift gillnet fisheries with similar characteristics are 
known to entangle marine mammals. The CA/OR thresher shark/swordfish 
drift gillnet fishery, for instance, which uses a larger mesh size, 
historically resulted in frequent incidental mortality and serious 
injury of marine mammals and is currently subject to take reduction 
plan regulations. These regulations include requirements to use 
acoustic pingers on drift gillnets and to set gillnets at least 36 feet 
below the surface in order to reduce the likelihood of entanglement of 
marine mammals. While NMFS is uncertain of the likelihood that this new 
smaller mesh drift gillnet fishery will entangle marine mammals, there 
are similarities between this fishery and the CA/OR thresher shark/
swordfish drift gillnet fishery. As a result, NMFS proposes that this 
fishery be placed in Category II, based on analogy with the CA/OR 
thresher shark/swordfish fishery and other gillnet fisheries. This 
fishery would include all vessels using drift gillnets of mesh size 
greater than 3.5 inches and less than 14 inches to target yellowtail, 
barracuda, white seabass and tuna off California.
    In July 2002, NMFS began placing observers on some vessels in this 
fishery to better assess its potential to entangle marine mammals. 
Based on information collected by observers, NMFS will reassess the 
categorization of this fishery in a future LOF and evaluate whether 
this fishery should be addressed by the Pacific Offshore Cetacean Take 
Reduction Team.

Removals of Fisheries from the LOF

CA Shark/Bonito Longline/Set Line Fishery

    In the final LOF for 1998 (63 FR 5748, 5750, February 4, 1998), 
NMFS revised the name of the CA shark/bonito longline/set line fishery 
to the CA offshore longline fishery because the fishery primarily 
targeted swordfish and tunas. Because of a technical error, this name 
change was not carried forward into the LOF for subsequent years and 
the fishery remained listed as the CA shark/bonito longline/set line 
fishery. NMFS is not proposing to implement this name change at this 
time as it would be duplicative of the CA pelagic longline fishery 
discussed below. Additionally, there is no evidence that this fishery 
currently operates. Rather, NMFS proposes to remove the CA shark/bonito 
longline/set line from the LOF.

Fishery Name and Organizational Changes and Clarifications

Alaska Crustacean Pot Fishery

    All shrimp and crab pot fisheries in Alaska are grouped into the 
Category III Alaska crustacean pot fishery. Since 1996, there have been 
at least 11 reports of humpback whales entangled in pot gear from the 
Alaska crustacean pot fishery. Of these entanglements, at least 2 
likely caused serious injuries leading to the mortality of the 
entangled humpback whale. While all 11 of the entanglements were 
observed in areas where the central North Pacific stock of humpback 
whales is found, it is not clear whether the entangling gear originated 
in these same areas. For example, one report identified the gear as 
tanner crab gear, but the tanner crab fishery has not been active in 
the known range of the central North Pacific stock of humpback whales 
since 1996.
    NMFS has been studying the stock structure of central North Pacific 
humpback whales and may propose to separate a portion of the stock that 
forages in southeast Alaska from the remainder of the stock in the 
draft 2003 Stock Assessment Report. During this revision, additional 
effort will be made to determine the likely sources of the pot gear 
entanglements for central North Pacific humpback whales. NMFS proposes 
to retain the Alaska crustacean pot fishery in Category III at this 
time, but will evaluate whether or not to reclassify this fishery in 
the 2004 LOF, once more information is obtained about humpback whale 
stock structure.

CA Angel Shark/Halibut and Other Species Large Mesh (3.5 in. 
mesh) Set Gillnet Fishery

    The CA angel shark/halibut and other species large mesh set gillnet 
fishery includes all vessels using set gillnets of greater than 3.5 
inches stretched mesh to target angel shark and halibut, as well as 
other species, such as yellowtail and white seabass. This fishery 
operates off southern and central California. It is a Category I 
fishery because the average estimated annual mortality and serious 
injury of the Monterey Bay stock of harbor porpoise in this fishery 
exceeds 50 percent of the PBR level (11 animals per year) for this 
stock.
    NMFS proposes to remove the reference to ``large mesh'' in the name 
of this fishery, and rename it the ``CA angel shark/halibut and other 
species set gillnet fishery (3.5 in. mesh).'' According to 
50 CFR Part 229.2, a large mesh gillnet is a gillnet with a mesh size 
of 7 to 18 inches. Since the CA angel shark/halibut and other species 
set gillnet fishery uses a mesh size of greater than 3.5 inches, NMFS 
believes that the term ``large mesh'' is not applicable to this 
fishery.
    In September 2002, the California Department of Fish and Game 
issued permanent regulations prohibiting set gillnet fishing in ocean 
waters that are 60 fathoms or less in depth in central California from 
Point Reyes to Point Arguello, citing concerns over the incidental take 
of seabirds and sea otters. NMFS expects that this closure will result 
in a significant reduction in effort in this fishery off central 
California, and subsequently, in incidental mortality and serious 
injury of harbor porpoise.

CA Longline Fishery

    NMFS proposes to revise the name of the ``CA longline fishery'' to 
the ``CA pelagic longline fishery.'' As was explained in the proposed 
LOF for 2001 (66 FR 6545, 6552, January 22, 2001), this fishery is 
directed primarily toward swordfish caught outside the U.S. Exclusive 
Economic Zone off California but unloaded in California ports. The name 
``CA pelagic longline fishery'' more accurately describes this fishery 
and will eliminate confusion between this fishery and the WA/OR/CA 
groundfish, bottomfish longline/set line fishery, which is a demersal 
longline fishery.

CA Set and Drift Gillnet Fisheries that Use a Stretched Mesh Size of 
3.5 Inches or Less

    NMFS is not proposing to change the definition or categorization of 
this

[[Page 1420]]

Category III fishery, but provides the following explanation for 
clarification and comparison with gillnet fisheries for which changes 
are proposed. This fishery includes CA gillnet fisheries that use a 
mesh size of 3.5 inches or less that target white croaker, bonito, 
flying fish, herring, smelt, shad, bottomfish, mullet, perch, and 
rockfish. There have been no observed or reported incidental takes of 
marine mammals in this fishery. Due to the small mesh used in this 
fishery, the likelihood of incidental marine mammal mortality and 
serious injury is very low. For these reasons, this fishery remains in 
Category III.

CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery

    NMFS proposes to modify the name of this Category I (proposed 
Category II) fishery to clarify that it includes drift gillnets of 
greater than or equal to 14 inches stretched mesh only. NMFS proposes 
to rename the fishery the ``CA/OR thresher shark/swordfish drift 
gillnet fishery ([gteqt]14 in. mesh).

Number of Vessels/Persons

AK Bering Sea Aleutian Islands Groundfish Longline/Set Line Fishery

    NMFS proposes to change the number of participants in this fishery 
from 115 to 148 based on 2000 data.

AK Gulf of Alaska Groundfish Longline/Set Line Fishery

    NMFS proposes to change the number of participants in this fishery 
from 876 to 1030 based on 2000 data.

AK Bering Sea Aleutian Islands Groundfish Trawl Fishery

    NMFS proposes to change the number of participants in this fishery 
from 166 to 157 based on 2000 data.

AK Gulf of Alaska Groundfish Trawl Fishery

    NMFS proposes to change the number of participants in this fishery 
from 198 to 145 based on 2000 data.

AK Bering Sea, Gulf of Alaska Finfish Pot Fishery

    NMFS proposes to change the number of participants in this fishery 
from 257 to 314 based on 2000 data.

CA Longline Fishery

    NMFS proposes to change the number of participants in this fishery 
from 45 to 30 to reflect current effort in this fishery.

CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery

    NMFS proposes to revise the number of participants in this fishery 
to 113, which is the number of permits issued for this fishery by the 
California Department of Fish and Game in 2001.

List of Species that are Incidentally Injured or Killed

AK Bering Sea Aleutian Islands Groundfish Trawl Fishery

    NMFS proposes to remove the Gulf of Alaska stock of harbor seal 
from the list of marine mammal species and stocks incidentally injured 
or killed by the AK BSAI groundfish trawl fishery because there is no 
known interaction between this stock of harbor porpoise and this 
fishery.
    NMFS proposes to add the Northeast Pacific stock of fin whales to 
the list of marine mammal species and stocks incidentally injured or 
killed by the AK Bering Sea Aleutian Islands groundfish trawl fishery 
because this stock is known to interact with this fishery and was 
inadvertently omitted from the list of marine mammal species in the 
past.

CA Herring Purse Seine Fishery

    NMFS proposes to remove the CA coastal stock of bottlenose dolphins 
from the list of marine mammal species and stocks incidentally injured 
or killed in the CA herring purse seine fishery. The designation of 
this stock as interacting with this fishery was based on one 
interaction from the early 1990s reported in a logbook; however, 
neither the species identification, nor the location of the take, was 
ever verified. No other bottlenose dolphins are known to have 
interacted with this fishery.

CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in. 
mesh)

    NMFS proposes to add the CA/OR/WA stock of fin whales and the 
eastern North Pacific stock of gray whales to the list of marine 
mammals incidentally injured or killed in the CA/OR thresher shark/
swordfish drift gillnet fishery ([gteqt]14 in. mesh). Interactions 
between each of these marine mammal stocks and this fishery have been 
documented in previous Stock Assessment Reports. The absence of these 
marine mammals from previous LOFs was in error. Therefore, NMFS 
proposes to correct this oversight in the 2003 LOF.

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

Atlantic Mixed Species Trap/Pot Fishery

    NMFS proposes to add the ``Atlantic mixed species trap/pot 
fishery'' to the LOF to encompass the Northeast trap/pot fishery, the 
Mid-Atlantic mixed species trap/pot fishery, and the U.S. Mid-Atlantic 
and Southeast U.S. Atlantic black sea bass trap/pot fisheries and 
include any other trap/pot gear that is not included in other trap/pot 
fisheries specifically identified in the LOF. Additionally, NMFS 
proposes to list the Atlantic mixed species trap/pot fishery as a 
Category II fishery. This fishery would extend throughout U.S. Atlantic 
waters from Maine to Florida.
    NMFS has documented entanglement of whales, pinnipeds, and small 
cetaceans in fixed gear. Often, however, the gear involved in whale 
entanglements cannot be attributed to a specific fixed gear fishery. 
Lobster pot gear, in particular, has been identified in whale 
entanglements. Between 1995 and 1999, at least two serious injuries or 
mortalities of right whales were attributed to lobster trap/pot gear. 
Trap/pot gear is generally fished either as single pots with one buoy 
line or as strings of pots with one or more buoy lines. Whales may 
become entangled in the vertical or horizontal components of the gear 
(e.g., buoy lines and groundlines). The Gulf of Maine/ U.S. Mid-
Atlantic lobster trap/pot fishery was elevated to Category I in the 
1997 LOF (62 FR 33, January 2, 1997) because of evidence of incidental 
take resulting in serious injury and mortality of right whales, and the 
fishery was renamed the Northeast/Mid-Atlantic American lobster trap/
pot fishery in the 2001 LOF (66 FR 42780, August, 15, 2001). 
Additionally, small cetaceans and pinnipeds occasionally become 
entangled in buoy lines and traps. The Atlantic blue crab trap/pot 
fishery was elevated to Category II in the 2001 LOF (66 FR 42780, 
August 15, 2001) based on a review of fishery interaction data from 
bottlenose dolphin strandings.
    Other trap/pot fisheries in the Northeast, Mid-Atlantic, and South 
Atlantic use gear components similar to those used in the Northeast/
Mid-Atlantic American lobster trap/pot fishery and the Atlantic blue 
crab trap/pot fishery, and therefore, may take marine mammals where 
fishing effort overlaps with marine mammal distribution. While the 
majority of records of entanglements in fixed gear cannot be attributed 
to a specific fishery, it is likely that some entanglements occurred in 
trap/pot fisheries other than lobster and blue crab trap/pot fisheries. 
These other trap/pot fisheries may occasionally result in incidental 
serious injury and mortality to marine mammals. Therefore, NMFS 
proposes to reclassify these fixed gear fisheries based on analogy with 
the Northeast/Mid-Atlantic American lobster trap/pot fishery and the 
Atlantic blue crab trap/pot fishery. NMFS does not believe that the 
rate of incidental

[[Page 1421]]

serious injury/mortality in non-lobster trap/pot fisheries would be at 
the Category I level because, while the exact number of participants is 
unknown, there are far fewer participants in these fixed gear fisheries 
than in the lobster fishery. Therefore, NMFS proposes to capture these 
other trap/pot fisheries in the newly named Atlantic mixed species 
trap/pot fishery and to classify this fishery as Category II.
    Specifically, this fishery would combine the Category II Northeast 
trap/pot fishery, the Category III Mid-Atlantic mixed species trap/pot 
fishery, and the Category III U.S. Mid-Atlantic and Southeast U.S. 
Atlantic black sea bass trap/pot fishery and include any other trap/pot 
gear that is not included in other trap/pot fisheries specifically 
identified in the LOF. An estimate of the number of participants in the 
Atlantic mixed species trap/pot fishery is currently unavailable. The 
marine mammal species or stocks incidentally injured and killed in 
these trap/pot fisheries include the Western North Atlantic stock of 
fin whales, the Gulf of Maine stock of humpback whales, the Canadian 
east coast stock of Minke whales, and the Gulf of Maine/Bay of Fundy 
stock of harbor porpoise.
    The Category I Northeast/Mid-Atlantic American lobster trap/pot 
fishery and the Category II Atlantic blue crab trap/pot fishery would 
retain their separate listings under the LOF. The Category III Florida 
spiny lobster trap/pot, Southeastern U.S. Atlantic, Gulf of Mexico 
stone crab trap/pot, and U.S. Mid-Atlantic eel trap/pot fisheries would 
remain as separate fisheries in Category III because the operation of 
these trap/pot fisheries does not overlap with right whale distribution 
and these particular fisheries are not known to interact with marine 
mammals except on rare occasions. The Southeastern U.S. Atlantic, Gulf 
of Mexico golden crab fishery would also remain a separate fishery in 
Category III because this fishery is a deep water fishery that does not 
use vertical buoy lines typically used in other trap/pot fisheries.

Gulf of Mexico Blue Crab Trap/Pot Fishery

    NMFS continues to monitor incidental mortality and serious injury 
of marine mammals in the Gulf of Mexico blue crab trap/pot fishery. 
Initially, NMFS proposed to elevate the fishery to Category II in the 
2001 LOF based on documented interactions with Gulf of Mexico stocks 
ofbottlenose dolphins. NMFS will continue to monitor this fishery while 
maintaining it in Category III in the 2003 LOF. Over the next year, 
NMFS will work with the Gulf States Marine Fisheries Commission and the 
National Sea Grant Extension Enhancement Program to improve data on 
bottlenose dolphin entanglements and to reduce incidental takes of 
bottlenose dolphins in this fishery by removing derelict traps and 
educating crabbers. NMFS will reevaluate this fishery in the 2004 LOF.

Gulf of Mexico Gillnet Fishery

    NMFS proposes to elevate the Gulf of Mexico gillnet fishery to 
Category II. In the 2001 LOF (66 FR 42780, August 15, 2001), NMFS 
combined the Category III Gulf of Mexico inshore gillnet, Gulf of 
Mexico coastal gillnet, and Gulf of Mexico king and Spanish mackerel 
gillnet fisheries into one fishery named the ``Gulf of Mexico gillnet 
fishery.'' NMFS initially proposed to elevate this fishery to Category 
II based on documented interactions with Gulf of Mexico stocks of 
bottlenose dolphins. Ultimately, NMFS decided to reevaluate the 
available data and maintained the fishery in Category III in the 2001 
LOF.
    Estimates of incidental mortality and serious injury of marine 
mammals in this fishery are derived primarily from stranding data. 
Although gillnet effort has been declining in the Gulf of Mexico, a 
reevaluation of stranding data indicates that bottlenose dolphin 
strandings continue to occur in areas where gillnet fishing occurs. 
Because of the small population size of some of the dolphin stocks in 
the bays, sounds, and estuaries of the Gulf of Mexico, the PBR levels 
for these stocks are also low, and one interaction every few years can 
exceed the thresholds for Tier I and Category I and II levels. Based on 
analogy with other gillnet fisheries, the Atlantic Scientific Review 
Group's recommendation that NMFS elevate all gillnet fisheries to at 
least Category II unless there is evidence to the contrary, and the 
stranding data presented in the following Tier anlaysis, NMFS proposes 
to elevate the Gulf of Mexico gillnet fishery to Category II. There are 
approximately 724 participants in this fishery. The species or stocks 
incidentally injured and killed in this fishery include the Western, 
Northern, and Eastern Gulf of Mexico coastal stocks of bottlenose 
dolphins and the Gulf of Mexico Bay, Sound, and Estuarine stocks of 
bottlenose dolphins. Gulf of Mexico Bay, Sound, and Estuarine stocks of 
bottlenose dolphins have been broken down into a series of smaller 
stocks based on geographic area (e.g., Charlotte Harbor, Mississippi 
River Delta) given information that these bottlenose dolphins exhibit 
finely-scaled population structure and occur in relatively discrete 
communities throughout these areas. PBR levels have been calculated for 
each smaller stock where abundance estimates are available.
    Tier 1 Evaluation: NMFS reviewed data from stranded bottlenose 
dolphins from the Gulf of Mexico that were necropsied and examined for 
signs of human interaction. Between 1997 and 2000, stranding network 
members in Gulf of Mexico states recovered 39 bottlenose dolphins from 
the Gulf of Mexico Bay, Sound, and Estuarine stocks (approximately 10 
animals per year) that died as a result of human interactions. Of the 
39 animals recovered, up to 12 showed evidence that gillnet 
interactions could have caused the resulting mortality. Of the 12 
animals with signs of gillnet interaction, the cause of death of 5 of 
the animals was clearly attributable to gillnet gear. Therefore, 
gillnet gear accounted for the mortality of a minimum of 1.25 animals 
per year, averaged over the 4 years from 1997 to 2000. More 
specifically, the 5 dolphins were distributed in the following areas 
over a period of 4 years from 1997 to 2000: 1 from Charlotte Harbor 
(PBR = 1.5 animals per year) for an annual mortality of 17 percent of 
the PBR level; 2 from Mississippi Sound (PBR = 13 animals per year) for 
an annual mortality of 4 percent of the PBR level; and one each from 
the Mississippi River Delta and Vermillion Bay, where abundance 
estimates, and therefore the PBR levels, are unknown because no 
dolphins were sighted in surveys of those areas. Incidental mortality 
and serious injury of Charlotte Harbor bottlenose dolphins in this 
fishery alone exceeds 10 percent of the PBR level for this stock. 
Therefore, this fishery is subject to Tier 2 analysis.
    Tier 2 Evaluation: The incidental mortality and serious injury of 
Charlotte Harbor bottlenose dolphins and Mississippi Sound bottlenose 
dolphins in the Gulf of Mexico gillnet fishery exceeds 1 percent of the 
PBR level, but is less than 50 percent of the PBR level, for each of 
these marine mammal stocks. Therefore, NMFS proposes to elevate this 
fishery to Category II.

Mid-Atlantic Coastal Gillnet Fishery

    NMFS proposes to elevate the Mid-Atlantic coastal gillnet fishery 
to Category I as justified by the following tier analysis. Marine 
mammal species and stocks incidentally injured and killed by this 
fishery include: the Gulf of Maine stock of humpback whales, the 
Canadian east coast stock of Minke whales, the western North Atlantic 
(WNA) offshore and coastal stocks of bottlenose dolphin, the Gulf of 
Maine/

[[Page 1422]]

Bay of Fundy stock of harbor porpoise, the WNA stock of harbor seals, 
the WNA stock of harp seals, the WNA stocks of long-finned and short-
finned pilot whales, the WNA stock of white-sided dolphin, and the WNA 
stock of common dolphin. There are approximately 655 participants in 
this fishery. The following tier analysis supports elevation of this 
fishery to Category I.
    Tier 1 Evaluation: NMFS' observer program has documented incidental 
mortality and serious injury of the WNA coastal stock of bottlenose 
dolphins in the Mid-Atlantic coastal gillnet fishery. For management 
purposes, coastal bottlenose dolphins have been assigned to seven 
management units based on the results of genetic, stable isotope ratio, 
photo-identification, and telemetry studies. Incidental mortality and 
serious injury of the WNA coastal stock of bottlenose dolphins across 
all fisheries exceeds 10 percent of the PBR level for this stock of 
bottlenose dolphins. Therefore, this fishery is subject to Tier 2 
analysis.
    Tier 2 Evaluation: Annual incidental mortality and serious injury 
in the Mid-Atlantic coastal gillnet fishery has been estimated from 
observer coverage. The Mid-Atlantic coastal gillnet fishery causes an 
estimated incidental mortality and serious injury of 233 WNA coastal 
bottlenose dolphins per year, which exceeds the PBR (171 animals per 
year) for this stock. Because the annual incidental mortality and 
serious injury in the Mid-Atlantic coastal gillnet fishery exceeds 50 
percent of the PBR for this stock, the fishery qualifies for 
reclassification as a Category I fishery.

Addition of Fisheries to the LOF

    See discussion of U.S. Atlantic Trap/Pot Mixed Species Fishery.

Removals of Fisheries from the LOF

    No changes proposed.

Fishery Name and Organizational ChangesNo changes proposed.

    Number of Vessels/PersonsNo changes proposed.

List of Species that are Incidentally Injured or Killed

    No changes proposed.

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 fisher reports. This list includes 
all species or stocks known to experience injury or mortality in a 
given fishery, but also includes species or stocks for which there are 
anecdotal or historical, but not necessarily current, records of 
interaction. Additionally, species identified by logbook entries may 
not be verified. Therefore, not all species or stocks identified are 
the reason for a fishery's placement in a given category. 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 cause 
mortality or serious injury of marine mammals, as discussed in the 
final LOF for 1996 (60 FR 67063, December 28, 1995).
    Table 1 lists commercial fisheries in the Pacific Ocean (including 
Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf 
of Mexico, and Caribbean.

  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 (>3.5 in mesh) 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
------------------------------------------------------------------------
                               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 Kodiak salmon set gillnet....                188   Harbor seal, GOA
                                                      Harbor porpoise,
                                                       GOA
                                                      Sea otter, AK
AK Metlakatla/Annette Island                     60   None documented
 salmon drift gillnet.

[[Page 1423]]

 
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
CA/OR thresher shark/swordfish                  113   ..................
 drift gillnet ([gteqt] 14 in.                        Steller sea lion,
 mesh).                                                Eastern U.S.
                                                      Sperm whale, CA/OR/
                                                       WA
                                                      Dall's porpoise,
                                                       CA/OR/WA
                                                      Northern Pacific
                                                       white-sided
                                                       dolphin, CA/OR/WA
                                                      Southern 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
------------------------------------------------------------------------
CA yellowtail, barracuda, white                  24   None documented
 seabass, and tuna drift gillnet
 fishery (mesh size 3.5 inches and <14 inches).
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

[[Page 1424]]

 
TRAWL FISHERIES:
AK Bering Sea and Aleutian                      157   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
                                                      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
                                                      Fin whale,
                                                       Northeast Pacific
AK miscellaneous finfish pair                     2   None documented
 trawl.
LONGLINE FISHERIES:               ..................  ..................
California pelagic longline.....                 30   California sea
                                                       lion
OR swordfish floating longline..                  2   None documented
OR blue shark floating longline                   1   None documented
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
GILLNET FISHERIES:                ..................  ..................
AK Cook Inlet salmon drift                      576   Steller sea lion,
 gillnet.                                              Western U.S.
                                                      Harbor seal, GOA
                                                      Harbor porpoise,
                                                       GOA
                                                      Dall's porpoise,
                                                       AK
                                                      Beluga whale, Cook
                                                       Inlet
AK Cook Inlet salmon set gillnet                745   Steller sea lion,
                                                       Western U.S.
                                                      Harbor seal, GOA
                                                      Harbor porpoise,
                                                       GOA
                                                      Dall's porpoise,
                                                       AK
                                                      Beluga whale, Cook
                                                       Inlet
AK Kuskokwim, Yukon, Norton                   1,922   Harbor porpoise,
 Sound, Kotzebue salmon gillnet.                       Bering Sea
AK miscellaneous finfish set                      3   Steller sea lion,
 gillnet                                               Western U.S.
AK Prince William Sound salmon                   30   Steller sea lion,
 set gillnet.                                          Western U.S.
                                                      Harbor seal, GOA
AK roe herring and food/bait                  2,034   None documented
 herring gillnet.
CA set and drift gillnet                        341   None documented
 fisheries that use a stretched
 mesh size of 3.5 in or less.
Hawaii gillnet..................                115   Bottlenose
                                                       dolphin, HI
                                                      Spinner dolphin,
                                                       HI
WA Grays Harbor salmon drift                     24   Harbor seal, OR/WA
 gillnet (excluding treaty                             coast
 Tribal fishing).
WA, OR herring, smelt, shad,                    913   None documented
 sturgeon, bottom fish, mullet,
 perch, rockfish gillnet.
WA, OR lower Columbia River                     110   California sea
 (includes tributaries) drift                          lion, U.S.
 gillnet.                                             Harbor seal, OR/WA
                                                       coast
WA Willapa Bay drift gillnet....                 82   Harbor seal, OR/WA
                                                       coast
                                                      Northern elephant
                                                       seal, CA breeding
PURSE SEINE, BEACH SEINE, ROUND   ..................  ..................
 HAUL AND THROW NET FISHERIES:
AK Metlakatla salmon purse seine                 10   None documented
AK miscellaneous finfish beach                    1   None documented
 seine.
AK miscellaneous finfish purse                    3   None documented
 seine.
AK octopus/squid purse seine....                  2   None documented
AK roe herring and food/bait                      8   None documented
 herring beach seine.
AK roe herring and food/bait                    624   None documented
 herring purse seine.
AK salmon beach seine...........                 34   None documented
AK salmon purse seine (except                   953   Harbor seal, GOA
 Southeast Alaska, which is in
 Category II).
CA herring purse seine..........                100   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

[[Page 1425]]

 
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:      ..................  ..................
AK Bering Sea, Aleutian Islands                 148   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                  1,030   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).
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:                  ..................  ..................
AK food/bait herring trawl......                  3   None documented
AK Gulf of Alaska groundfish                    145   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                   314   Harbor seal, GOA
 finfish pot.                                         Harbor seal,
                                                       Bering Sea
                                                      Sea otter, AK
AK crustacean pot...............              1,852   Harbor porpoise,
                                                       Southeast AK

[[Page 1426]]

 
AK octopus/squid pot                             72   None documented
AK snail pot....................                  2   None documented
CA lobster, prawn, shrimp, rock                 608   Sea otter, CA
 crab, fish pot.
OR, CA hagfish pot or trap                       25   None documented
WA, OR, CA crab pot.............              1,478   None documented
WA, OR, CA sablefish pot........                176   None documented
WA, OR shrimp pot & trap........                254   None documented
HI crab trap....................                 22   None documented
HI fish trap....................                 19   None documented
HI lobster trap.................                 15   Hawaiian monk seal
HI shrimp trap..................                  5   None documented
HANDLINE AND JIG FISHERIES:       ..................  ..................
AK miscellaneous finfish                        100   None documented
 handline and mechanical jig.
AK North Pacific halibut                         93   None documented
 handline and mechanical jig.
AK octopus/squid handline.......                  2   None documented
American Samoa bottomfish.......                <50   None documented
Commonwealth of the Northern                    <50   None documented
 Mariana Islands bottomfish.
Guam bottomfish.................                <50   None documented
HI aku boat, pole and line......                 54   None documented
HI deep sea bottomfish..........                434   Hawaiian monk seal
 Hi inshore handline............                650   Bottlenose
                                                       dolphin, HI
HI tuna.........................                144   Rough-toothed
                                                       dolphin, HI
                                                      Bottlenose
                                                       dolphin, HI
                                                      Hawaiian monk seal
WA groundfish, bottomfish jig...                679   None documented
HARPOON FISHERIES:                ..................  ..................
CA swordfish harpoon............                228   None documented
POUND NET/WEIR FISHERIES:         ..................  ..................
AK herring spawn on kelp pound                  452   None documented
 net.
AK Southeast herring roe/food/                    3   None documented
 bait pound net.
WA herring brush weir...........                  1   None documented
BAIT PENS:                        ..................  ..................
WA/OR/CA bait pens..............                 13   None documented
DREDGE FISHERIES:                 ..................  ..................
Coastwide scallop dredge........        108 (12 AK)   None documented
DIVE, HAND/MECHANICAL COLLECTION  ..................  ..................
 FISHERIES:
AK abalone......................                  1   None documented
AK clam.........................                156   None documented
WA herring spawn on kelp........                  4   None documented
AK dungeness crab...............                  3   None documented
AK herring spawn on kelp........                363   None documented
AK urchin and other fish/                       471   None documented
 shellfish.
CA abalone......................                111   None documented
CA sea urchin...................                583   None documented
HI coral diving.................                  2   None documented
HI fish pond....................                 10   None documented
HI handpick.....................                135   None documented
HI lobster diving...............                  6   None documented
HI squiding, spear..............                267   None documented
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.
------------------------------------------------------------------------
List of Abbreviations Used in Table 1: AK--Alaska; CA--California; GOA--
  Gulf of Alaska; HI--Hawaii; OR--Oregon; WA--Washington.


[[Page 1427]]


 Table 2--List of Fisheries Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                         Marine mammal
                                       Estimated      species and stocks
       Fishery Description           [numsign] of        incidentally
                                    vessels/persons   injured and killed
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
 GILLNET FISHERIES:               ..................  ..................
Mid-Atlantic coastal gillnet....               >655   Humpback whale,
                                                       Gulf of Maine
                                                      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
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:               ..................  ..................
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:                ..................  ..................
Gulf of Mexico gillnet..........                724   Bottlenose
                                                       dolphin, Western
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal
                                                      Bottlenose
                                                       dolphin, GMX Bay,
                                                       Sound, and
                                                       Estuarine
North Carolina inshore gillnet..                 94   Bottlenose
                                                       dolphin, WNA
                                                       coastal
Northeast anchored 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

[[Page 1428]]

 
Southeastern U.S. Atlantic shark                 12   Bottlenose
 gillnet.                                              dolphin, WNA
                                                       coastal
                                                      North Atlantic
                                                       right whale, WNA
                                                      Atlantic spotted
                                                       dolphin, WNA
TRAWL FISHERIES:                  ..................  ..................
Atlantic herring midwater trawl                  17   Harbor seal, WNA
 (including pair trawl).
TRAP/POT FISHERIES:               ..................  ..................
Atlantic blue crab trap/pot.....            >16,000   Bottlenose
                                                       dolphin, WNA
                                                       coastal
                                                      West Indian
                                                       manatee, FL
Atlantic mixed species trap/pot.            unknown   Fin whale, WNA
                                                      Humback whale,
                                                       Gule of Maine
                                                      Minke whale,
                                                       Canadian east
                                                       coast
                                                      Harbor porpoise,
                                                       GME/BF
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:              ..................  ..................
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
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

[[Page 1429]]

 
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
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.
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
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.
------------------------------------------------------------------------
List of Abbreviations Used in Table 2: FL--Florida; GA--Georgia; GME/BF--
   Gulf of Maine/Bay of Fundy; GMX--Gulf of Mexico; NC--North Carolina;
  SC-- South Carolina; TX--Texas; WNA--Western North Atlantic.

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. For 
convenience, the factual basis leading to the certification is repeated 
below.
    Under existing regulations, all fishers participating in 
Category I or II fisheries must register under the MMPA, 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 
40,000 fishing vessels operate in Category I or II fisheries, and 
therefore, are required to register. However, registration has been 
integrated with existing state or Federal registration programs for 
the majority of these fisheries so that the majority of fishers do 
not need to register separately under the MMPA. Currently, 
approximately 5,800 fishers register directly with NMFS under the 
MMPA authorization program.

[[Page 1430]]

    An additional 935 fishers would be eligible to register as a 
result of this proposed rule. However, these fishers 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, such as fisheries in Alaska, 
and therefore, would not be required to register separately under 
the MMPA or pay an additional $25 registration fee. Fisheries that 
this rule proposes to elevate to Category II and whose participants 
would be required to register include the Alaska Bering Sea and 
Aleutian Islands Groundfish Trawl fishery (157 participants) and the 
Gulf of Mexico gillnet fishery (724 participants). Addition of the 
California yellowtail, barracuda, white seabass, tuna drift gillnet 
fishery (mesh size  3.5 in. and < 14 in.) to the LOF as a 
Category II fishery would require 24 additional participants to 
register. Addition of the Atlantic mixed species trap/pot fishery to 
the LOF as a Category II fishery, which involves combining the 
Northeast trap/pot fishery (already Category II), the Mid-Atlantic 
mixed species trap/pot fishery, and the U.S. Mid-Atlantic and 
Southeast U.S. Atlantic black seabass trap/pot fishery would require 
at least an additional 30 participants to register since it would 
require elevating the Mid-Atlantic mixed species trap/pot fishery 
(number of participants unknown) and the U.S. Mid-Atlantic and 
Southeast U.S. Atlantic black seabass trap/pot fishery (30 
participants) to Category II.
    Though this rule affects a substantial number of small entities, 
the $25 registration fee, with respect to anticipated revenues, is not 
considered a significant economic impact. As a result of this 
certification, an initial regulatory flexibility analysis was not 
prepared.
    This proposed rule contains collection-of-information requirements 
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 hours per report for new 
registrants and 0.15 hours per report for renewals). The requirement 
for reporting marine mammal injuries or moralities has been approved by 
OMB under OMB control number 0648-0292 (0.15 hours per report). These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding these reporting burden estimates or any other aspect of the 
collections of information, including suggestions for reducing 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 proposed 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 proposed rule would not make any significant change 
in the management of reclassified fisheries, and therefore, this 
proposed rule is not expected to change the analysis or conclusion of 
the 1995 EA. 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 to that 
action.
    This proposed 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 proposed rule will not affect 
the conclusions of those opinions. The classification of fisheries on 
the LOF is not considered to be a management action that would 
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 for that action.
    This proposed rule will have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs or take reduction 
teams.
    This proposed rule will not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

    Dated: January 03, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-523 Filed 1-9-03; 8:45 am]
BILLING CODE 3510-22-S