[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Rules and Regulations]
[Pages 48407-48423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 040407106-4219-03, I.D. 040104A]
RIN 0648-AS04


List of Fisheries for 2004

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

[[Page 48408]]


ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
final List of Fisheries (LOF) for 2004, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2004 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must categorize each commercial fishery on the LOF into 
one of three categories under the MMPA based upon the level of serious 
injury and mortality of marine mammals that occurs incidental to each 
fishery. The categorization of a fishery in the LOF determines whether 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
requirements.

DATES: This final rule is effective September 9, 2004. However, 
compliance with the requirement to register with NMFS and to obtain an 
authorization certificate is not required until January 1, 2005, for 
fisheries added or elevated to Category I in this final rule. For 
fisheries affected by the delay, see SUPPLEMENTARY INFORMATION.

Compliance Date for Registration Under the MMPA

    Compliance with the requirement to register with NMFS and to obtain 
an authorization certificate is not required until January 1, 2005, for 
the Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks 
Longline/Set Line Fishery (Hawaii longline fishery), which is elevated 
to Category I for the 2004 LOF. The abovementioned fishery is 
considered to be a Category I fishery on September 9, 2004, and is 
required to comply with all requirements of Category I fisheries (i.e., 
complying with applicable take reduction plan requirements and carrying 
observers, if requested), other than the registration requirement on 
that date.

ADDRESSES: Registration information, materials, and marine mammal 
reporting forms may be obtained from several regional offices. 
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; or
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th 
Street, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: For additional information or general 
questions on the LOF, please contact the following NMFS staff:

Kristy Long, Office of Protected Resources, 301-713-1401;
David Gouveia, Northeast Region, 978-281-9328;
Juan Levesque, Southeast Region, 727-570-5312;
Cathy Campbell, Southwest Region, 562-980-4060;
Brent Norberg, Northwest Region, 206-526-6733;
Tamra Faris, Pacific Islands Region, 808-973-2937;
Bridget Mansfield, Alaska Region, 907-586-7642.

    Individuals who use a telecommunications device for the hearing 
impaired 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?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
serious injury and mortality of marine mammals occurring 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. NMFS must 
reexamine the LOF annually, considering new information in the Stock 
Assessment Reports and other relevant sources and publish in the 
Federal Register any necessary changes to the LOF after notice and 
opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).

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 of a 
marine mammal stock, across all fisheries, is less than or equal to 10 
percent of the PBR level of the stock, all fisheries interacting with 
the 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 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).
    Since fisheries are categorized on a per-stock basis, a fishery may 
qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
categorized on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal 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,

[[Page 48409]]

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 for Fisheries (50 CFR 229.2).

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

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

Am I Required To Register Under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under 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 in the 
possession of the master of each vessel 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); and
    4. All North Carolina, South Carolina, Georgia, and Florida 
Category I and II fisheries for which a State permit is required.

How Do I Renew My Registration Under the MMPA?

    Regional Offices, except for the Northeast Region, annually send 
renewal packets to previously registered participants in Category I or 
II fisheries. 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 to NMFS all incidental injuries and mortalities of marine 
mammals that occur during commercial fishing operations. ``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 presence of any wound or 
other evidence of 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.

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 2004 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 SARs are based on the best 
scientific information available, including information on the level of 
serious injury and mortality of marine mammals that occurs incidental 
to commercial fisheries and the PBR levels of marine mammal stocks. 
NMFS also reviewed other sources of new, relevant information, 
including marine mammal stranding data, observer program data, fisher 
self-reports, and other information that is not included in the SARs. 
Additionally, NMFS took into account information presented at a 
workshop from June 2-3, 2004, to review data used in the proposed 
categorization of the Hawaii longline fishery.
    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 SARs, and to advise NMFS on population status and trends, 
stock structure, uncertainties in the science, research needs, and 
other issues.
    The LOF for 2004 was based, among other things, 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), the final SARs for 
2002 (68 FR 17920, April 14, 2003), and the draft SARs for 2003 (68 FR 
51561, August 27, 2003).

Comments and Responses

    NMFS received 10 comment letters on the proposed 2004 LOF (69 FR 
19365, April 13, 2004) from environmental, commercial fishing, and 
Federal and State interests. Issues outside the scope of the LOF are 
not responded to in this final rule. Any comments received after

[[Page 48410]]

the public comment period closed on June 14, 2004, are not responded to 
in this final rule.

General Comments

    Comment 1: One commenter disapproved of the fishery classification 
criteria used for the LOF, but did not offer an alternative suggestion 
for the criteria.
    Response: The current fishery classification system is based on a 
two-tiered, stock-specific approach that first addresses the total 
impacts of all fisheries on each marine mammal stock and then addresses 
the impacts of individual fisheries on each stock (60 FR 31666, June 
16, 1995). Tier 1 considers the additive fishery mortality and serious 
injury for a particular stock, while Tier 2 considers fishery-specific 
mortality for a particular stock. This approach is based on the rate, 
in numbers of animals per year, of serious injuries and mortalities due 
to commercial fishing relative to a stock's PBR level. Under the Tier 1 
analysis, 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 such a stock, then all fisheries 
interacting with this stock would be placed in Category III. Otherwise, 
these fisheries are subject to the next tier to determine their 
classification. Under the Tier 2 analysis, those fisheries in which 
annual mortality and serious injury of a stock in a given fishery is 
greater than or equal to 50 percent of the stock's PBR level are placed 
in Category I, while those fisheries in which annual mortality and 
serious injury is greater than 1 percent and less than 50 percent of 
the stock's PBR level are placed in Category II. Individual fisheries 
in which annual mortality and serious injury is less than or equal to 1 
percent of the PBR level would be placed in Category III. The threshold 
between Tier 1 and Tier 2 was set at 10 percent of the PBR level based 
on recommendations that arose from a PBR Workshop held in La Jolla, 
California in June 1994. The Workshop Report indicated if the total 
annual incidental serious injury and mortality level for a particular 
stock did not exceed 10 percent of the PBR level, the amount of time 
necessary for that population to achieve the optimum sustainable 
population level would only increase by 10 percent. Thus, 10 percent of 
the PBR level for a particular stock was equated to ``biological 
insignificance.'' This approach ensures that fisheries are categorized 
based on their impacts on stocks and allows NMFS to focus resources on 
those fisheries that have a significant impact on marine mammals.
    This approach is based on the fact that the MMPA established both a 
short-term and a long-term goal with respect to take reduction plans 
for reducing marine mammal mortality and serious injury incidental to 
commercial fishing operations. MMPA section 118(f)(2) provides: ``The 
immediate goal of a take reduction plan for a strategic stock shall be 
to reduce, within 6 months of its implementation, the incidental 
mortality or serious injury of marine mammals incidentally taken in the 
course of commercial fishing operations to levels less than the 
potential biological removal established for that stock under section 
117. The long-term goal of the plan shall be to reduce, within 5 years 
of its implementation, the incidental mortality or serious injury of 
marine mammals incidentally taken in the course of commercial fishing 
operations to insignificant levels approaching a zero mortality and 
serious injury rate, taking into account the economics of the fishery, 
the availability of existing technology, and existing State or regional 
fishery management plans.'' NMFS established the tier-based fishery 
classification system with each goal in mind and to ensure that 
fisheries progressively move toward the long-term goal of the MMPA.
    Comment 2: One commenter called into question NMFS' execution of 
the LOF, particularly that all fisheries should be listed as Category 
I.
    Response: Section 118 of the MMPA (16 U.S.C. 1387(c)(1)) and the 
regulations implementing that section (50 CFR part 229) specify how 
NMFS executes the annual LOF. NMFS reexamines commercial fisheries each 
year to determine whether changes are needed. Proposed and final LOFs 
must categorize each commercial fishery based on the definitions of 
Category I, II, and III fisheries (50 CFR 229.2), list the marine 
mammals that have been incidentally injured or killed by commercial 
fishing operations, and estimate the number of vessels or persons 
involved in each commercial fishery. See Response to Comment 1.
    Comment 3: One commenter stated that all high seas fisheries 
conducted by U.S. flagged vessels should be listed on the LOF. In 
particular, the commenter suggested adding the U.S. Patagonian 
toothfish longline fishery and the U.S. trawl fishery for krill as 
Category II fisheries until further information is available. The 
commenter noted several other fisheries, including the Cobb Seamount, 
Pacific pelagic squid jig, and South Pacific tuna purse seine, that 
should be analyzed for interactions with marine mammals and 
appropriately classified on the LOF.
    Response: NMFS must publish any proposed changes to the LOF in the 
Federal Register to allow for notice and opportunity for public 
comment. Therefore, NMFS cannot add these new fisheries to the 2004 
final LOF because it is beyond the scope of what was included in the 
proposed 2004 LOF. NMFS will consider this comment and whether the LOF 
applies to high seas fisheries during development of future proposed 
LOFs.

Comments on Fisheries in the Pacific Ocean

    Comment 4: One commenter stated that gillnet fisheries in Alaska 
may require more observer coverage than current fishery classifications 
allow.
    Response: NMFS works annually through the National Observer Program 
to obtain resources necessary to monitor Alaska gillnet fisheries. 
Funds are limited; therefore NMFS rotates observer coverage among 
gillnet fisheries based on statutory priorities (16 U.S.C. 1387(d)) and 
specific time cycles. The Alaska gillnet fisheries on the LOF 
(nearshore salmon drift and set gillnet fisheries) are managed by the 
State of Alaska's Department of Fish and Game. These fisheries were 
originally placed into Category II as unobserved fisheries. The 
Category II designation was made for these fisheries, where little or 
no information on marine mammal takes for the specific fisheries was 
available, because gillnet fisheries worldwide have been demonstrated 
as having the capability of causing significant numbers of mortalities 
and serious injuries to marine mammals. The only Alaska gillnet 
fisheries currently in Category III are those fisheries that have been 
observed and subsequent analyses of observer data indicate these 
fisheries meet the threshold for a Category III designation. The 
remainder of the unobserved Alaska gillnet fisheries continue to remain 
in Category II until such time that they can be observed and data are 
obtained that indicate a change in fishery classification is warranted. 
Several Alaska gillnet fisheries that have been observed remain in 
Category II due to analyses of observer data that indicate a Category 
II threshold has been met for each of those fisheries.
    Comment 5: NMFS received several comments supporting the 
delineation of Alaska fisheries. One commenter stated that NMFS should 
reclassify fisheries appropriately after analyses on the new fisheries 
are completed. Another commenter was concerned that subdividing Alaska 
fisheries creates the

[[Page 48411]]

appearance of fewer impacts on marine mammals, when a larger fishery as 
previously delineated may have met the threshold for classification as 
a Category I or II fishery.
    Response: NMFS plans to complete the analyses on all Alaska 
fisheries and appropriately propose reclassification of those fisheries 
that meet the criteria for Category I and II fisheries in the 2005 
proposed LOF. The analysis for fishery classification is designed to 
take into effect the cumulative impacts of multiple fisheries on marine 
mammal stocks. NMFS continues to work toward supporting increased 
observer coverage in all Category I and II fisheries across the 
country, including fisheries in Alaska, to improve the accuracy of 
marine mammal bycatch estimates.
    The Alaska fisheries delineated in the 2004 proposed LOF as 
individual fisheries were separated to more accurately reflect the 
actual management and operational practices of those fisheries and to 
keep better track of marine mammal serious injuries and mortalities 
occurring in different sectors of the fishery. This is being 
implemented as a two-step process, the delineation of the fisheries in 
2004 followed by analyses to reclassify the fisheries as appropriate in 
the 2005 proposed LOF. The analyses will be performed according to the 
existing protocol used to categorize fisheries. Documented mortalities 
and serious injuries used in previous analyses to categorize the 
fisheries will be assigned to one of the newly delineated fisheries. 
Any additional documented serious injuries or mortalities will likewise 
be assigned to the appropriate fishery. These changes will also be made 
in the SARs for each of the relevant marine mammal stocks. These 
changes will provide a more accurate understanding of the interactions 
between marine mammals and various Alaska fisheries. Prior to these 
changes, large groups of diverse fisheries were artificially lumped 
together based only on gear type over vast geographic areas of the 
Bering Sea and the Gulf of Alaska.
    Comment 6: One commenter suggested that NMFS update relevant SARs 
with the new Alaska fishery delineations, determine which trawl and pot 
fisheries interact with the central and western North Pacific stocks of 
humpback whales, and recategorize the fisheries accordingly.
    Response: Delineating the Alaska trawl and pot fisheries by area 
and target species will allow NMFS to better evaluate interactions 
between the central and western North Pacific humpback whale stocks and 
specific fisheries. NMFS will analyze relevant data and propose fishery 
classifications accordingly. See Response to Comment 5.
    Comment 7: One commenter suggested separating out the yellowfin 
sole fishery from the Bering Sea and Aleutian Islands (BSAI) flatfish 
trawl fishery because the fishery has its own total allowable catch 
(TAC) and prohibited species catch (PSC). The commenter also noted that 
some vessels that target yellowfin sole do not target other flatfish 
species. Additionally, the yellowfin sole fishery operates in the 
relatively shallow waters along the sand bottom shelf areas of the 
central and northern portions of the Bering Sea where interactions with 
marine mammals seems unlikely.
    Response: The BSAI flatfish trawl fishery was designated as a 
single fishery in the proposed 2004 LOF based on information indicating 
an overlap in the prosecution of the flatfish trawl fisheries of the 
BSAI. As noted in the public comment, the yellowfin sole fishery has 
its own TAC and PSC quotas, as do other flatfish fisheries, and some 
separation exists in time and areas of prosecution of these fisheries. 
However, while the yellowfin sole fishery can be prosecuted at times 
with few interactions with marine mammals, significant overlap of the 
fishery occurs particularly with the rock sole, flathead sole, and 
Alaska plaice fisheries, with vessels catching these other species 
together with yellowfin sole in the same trip and haul. The overlap of 
these fisheries prevents listing the yellowfin sole fishery separately 
in the LOF.
    Comment 8: One commenter stated that the reclassification of the 
CA/OR thresher shark/swordfish drift gillnet fishery (>=14 in. mesh) 
from Category I to Category II was premature and should be reversed. 
The commenter noted that the fishery still interacts with a wide range 
of stocks and the annual take of sperm whales is 47.8 percent of the 
stock's PBR level, just under the threshold for inclusion in Category 
I.
    Response: The CA/OR thresher shark/swordfish drift gillnet fishery 
(>=14 in. mesh) was moved from Category I to Category II in the 2003 
final LOF (68 FR 41725, July 15, 2003). This change in fishery 
classification was based on observer data from 1997-2001 that indicated 
the take of marine mammals incidental to this fishery was less than 50 
percent of the PBR level for those stocks that interact with the 
fishery. One observed take of a sperm whale occurred in this fishery in 
1998, but no takes have been observed in the most recent 5 years of 
data from 1999-2003. Therefore, NMFS does not believe a change in 
fishery classification is warranted at this time. In an effort to 
reduce marine mammal serious injury and mortality, the owners and 
operators of CA/OR drift gillnet vessels operating in this fishery have 
been complying with the requirements of the Pacific Offshore Cetacean 
Take Reduction Plan, including carrying observers, using acoustic 
deterrents (pingers) on the nets, and complying with other gear 
modification requirements. Observers will continue to monitor this 
fishery, and if sperm whales are observed taken, NMFS will reevaluate 
this fishery.
    Comment 9: Several commenters requested NMFS to extend the public 
comment period on the proposed 2004 LOF to accommodate a workshop on 
false killer whale population abundance and fishery interactions in the 
central Pacific Ocean (Workshop).
    Response: NMFS agreed and the public comment period was extended 
from May 13, 2004, to June 14, 2004 (69 FR 26539, May 13, 2004), to 
accommodate the Workshop, which was held June 2-3, 2004 in Honolulu, 
Hawaii, and public comment resulting from the Workshop. The purpose of 
the Workshop was to discuss MMPA fishery classification requirements, 
specifically concerning the abundance and fishery interactions for 
false killer whales (Pseudorca crassidens) within the U.S. Exclusive 
Economic Zone (EEZ) around the Hawaiian Islands. The workshop also 
covered background information and procedures used to categorize the 
Hawaii longline fishery in the LOF. For a summary of the Workshop, 
please contact the Pacific Islands Regional Office (see ADDRESSES).
    Comment 10: One commenter requested that NMFS reopen the comment 
period on the 2004 proposed LOF once the results of the Workshop on the 
Hawaii longline fishery and false killer whales were made available for 
public review.
    Response: NMFS convened the Workshop to review available 
information and the process to reclassify the Hawaii longline fishery 
based on that information. NMFS staff, scientific experts, fishery 
representatives, and other interested members of the public 
participated in this Workshop. NMFS considered all information 
presented and discussed at the Workshop and public comment resulting 
from the Workshop in the decision to reclassify this fishery. See 
Response to Comment 9.
    Comment 11: NMFS received several comments supporting the proposed 
elevation of the Hawaii longline fishery from Category III to Category 
I.

[[Page 48412]]

    Response: NMFS has reclassified and elevated the fishery from 
Category III to Category I in the 2004 LOF.
    Comment 12: One commenter recommended elevating the Hawaii longline 
fishery from Category III to Category II, instead of Category I, based 
on uncertainties surrounding the population abundance and mortality 
data. The commenter maintains that the NMFS 2002 survey on cetacean 
abundance in Hawaiian waters is flawed for two reasons. First, it was 
conducted between August and November when false killer whales are 
generally less abundant in Hawaiian waters. Second, the survey covered 
the entire EEZ while false killer whales are known to occur around 
islands rather than in the open ocean.
    Response: At the June 2004 Workshop, relevant information was 
presented indicating that there was no evidence of seasonality in 
abundance of false killer whales in waters surrounding Hawaii (Baird, 
Workshop presentation; Kobayashi, Workshop presentation). In addition, 
limited data that are available from year-round surveys may actually 
suggest lower encounter rates during the late spring/early summer than 
during November-December. The commenter cited a reference (Stacey et 
al, 1994) to indicate evidence of seasonality in false killer whale 
abundance. However, that study discussed seasonality in false killer 
whales in temperate waters around Japan and off the coast of the former 
Soviet Union, not in tropical waters surrounding the Hawaiian Islands. 
The marine ecosystems surrounding Japan and the Hawaiian Islands are 
very different and, therefore, NMFS does not believe that the 
information in this reference is relevant to false killer whales in 
Hawaiian waters.
    Based on the data, NMFS concludes false killer whales are not more 
common around the Hawaiian Islands than in the open ocean. Relevant 
data indicate false killer whale occurrences on the open sea, and 
published literature indicates that ``False killer whales are found 
most often offshore, although there are occasional records from inshore 
waters * * *'' (Stacey and Baird, 1991). Furthermore, nearshore 
sightings data from studies conducted around the main Hawaiian Islands 
since 1993 (Baird, Workshop presentation; Mobley 2003) have 
demonstrated that sightings are not frequent around the main Hawaiian 
Islands. Particularly, during the two most recent spring aerial 
surveys, conducted in 2000 and 2003, no false killer whales were seen 
around the Hawaiian Islands. The NMFS 2002 survey was conducted in the 
area where the Hawaii longline fishery operates around the Hawaiian 
Islands and was compared to the mortality and serious injury of false 
killer whales in the same area for purposes of classifying the fishery.
    Comment 13: One commenter disagreed with NMFS' abundance estimates 
of the Hawaiian stock of false killer whales for the following reasons. 
The commenter noted, first, that NMFS' data indicate that the Hawaiian 
stock of false killer whales exhibit seasonal abundance, possibly 
peaking coincident to yellowfin tuna peak abundance. Second, the 
commenter maintained there is information indicating false killer whale 
distribution varies not only by season, but possibly over years, which 
may be linked to El Nino effects on prey species. Third, the commenter 
criticized NMFS' extrapolation of one sighting during the 2002 
shipboard survey to a group of 10 individuals. The commenter noted that 
it is well-accepted that false killer whales are a highly social 
species found in group sizes averaging from 20 to 50 individuals. 
Fourth, the commenter disapproved of NMFS' diving correction factor, 
stating that it does not reflect false killer whale behavior.
    Response: NMFS disagrees with this comment. The abundance estimates 
are based on established scientific methods and were reviewed and 
accepted by the Pacific Scientific Review Group. The issues raised by 
the commenter are not indicative of deficiencies in the abundance 
estimates. First, neither the cited NMFS data (Walsh and Kobayashi, 
Draft Report, May 21, 2004), nor the data presented by independent 
scientists (Baird, Mobley) at the June workshop, provide any evidence 
for seasonality in the abundance of false killer whales around Hawaii. 
The NMFS draft report states ``False killer whales (Figure A3c) were 
the most frequently sighted species, present in every EEZ except 
Jarvis, with no apparent seasonality'' [emphasis added]. Second, NMFS 
agrees that interannual variability in false killer whale distribution 
may occur, and that additional years of data will improve the precision 
of the abundance estimate. However, the marine mammal stock assessment 
process under the MMPA was specifically designed to allow for levels of 
uncertainty in abundance similar to those observed for Hawaiian false 
killer whales. Third, the references cited by the commenter do not 
indicate substantially greater mean group sizes for false killer whales 
in tropical waters, such as those surrounding Hawaii. In the eastern 
tropical Pacific, Stacey and Baird (1991) report a mean group size of 
18.1 false killer whales, contrasting with a mean group size of 55 in 
temperate waters off Japan (Stacey et al., 1994). Extensive NMFS survey 
data for tropical Pacific waters yielded an average group size of 11.4 
false killer whales (Wade and Gerrodette, 1993). Thus, published 
estimates for tropical waters are similar to the group size of 10 false 
killer whales observed during the 2002 survey. Finally, the dive 
correction factor used in the estimation of abundance (Barlow, 2003) 
reflects a combination of false killer whale diving behavior and the 
search behavior of the observer team aboard NMFS research vessels 
during marine mammal surveys. Observations of false killer whales from 
longline vessels are fundamentally different in nature, and the 
proportion of animals missed is expected to differ. See also Response 
to Comment 12.
    Comment 14: Two commenters noted that false killer whale abundance 
around Hawaii may actually be overestimated, not underestimated, as 
stated in the proposed 2004 LOF. Several reasons were given: (1) The 
relative proportion of false killer whales to all delphinids is similar 
between the Hawaiian EEZ and the ETP; (2) false killer whales in 
Hawaiian waters do not appear to dive for particularly long periods ; 
(3) two independent research projects found false killer whales to be 
uncommon around Hawaii; and (4) the abundance estimate may be biased 
because it is based on a correction factor developed for a suite of 
similar-sized delphinids, which often occur in groups smaller than 
false killer whale groups and are, therefore, more difficult to 
observe.
    Response: NMFS agrees that it is possible that the abundance 
estimate for the Hawaiian stock of false killer whales may be 
overestimated. NMFS recognizes that the correction factor used for 
animals missed on the trackline during a survey could possibly be 
overestimated if false killer whales are more active and visible around 
Hawaii than false killer whales and similar-sized cetaceans in the ETP, 
which is where the correction factor was developed. These potential 
sources of minor upward bias in the false killer whale abundance 
estimates do not affect the classification of the Hawaii-based longline 
fishery, because there would be no change in the classification of the 
fishery or the designation of the Hawaiian stock of false killer whales 
as a strategic stock if potential sources of upward bias were 
identified and removed. The total annual mortality and serious injury 
of the Hawaiian stock of false killer whales would still exceed the PBR 
level. Therefore, the available

[[Page 48413]]

abundance estimates are considered reliable for purposes of the 
classification of the fishery as Category I.
    Comment 15: One commenter noted that a revised aerial survey 
abundance estimate that includes data from 2000 and 2003 would be lower 
than that presented in Mobley (2000).
    Response: If aerial survey data from 2000 and 2003 (Mobley) were 
revised and combined with the results of the offshore surveys (Barlow 
2003), the abundance estimate would be equal to or less than the 
estimate presented in Barlow (2003). If an updated abundance estimate 
including the 2000 and 2003 aerial survey results were available, the 
Hawaiian stock of false killer whales would remain a strategic stock, 
and the Hawaii-based longline fishery would remain a category I 
fishery. See also the Response to Comment 14.
    Comment 16: One commenter recommended that NMFS undertake a new 
population survey that accounts for the known seasonality of false 
killer whale abundance in the Hawaiian Islands EEZ before publishing 
the 2005 LOF.
    Response: There is no known seasonality of false killer whales in 
the Hawaiian Islands EEZ. Neither NMFS observer data (Walsh and 
Kobayashi, Draft Report, May 21, 2004), nor data presented by 
independent scientists (Baird, Mobley) at the June 2004 workshop, 
provide any evidence for seasonality in the abundance of false killer 
whales around Hawaii.
    Comment 17: One commenter noted that NMFS has defined the false 
killer whale stock in the Hawaiian EEZ as a strategic stock, based on 
genetic evidence suggesting false killer whales between the central 
North Pacific (Hawaii) are separate, reproductively isolated 
populations from false killer whales in the ETP. However, the commenter 
notes the degree of separation between these false killer whales is not 
known, and the geographic boundaries for the populations cannot yet be 
identified. False killer whales have been taken by the Hawaii longline 
fishery in an area ranging from north of the Hawaiian EEZ to the 
equator. Are all of these false killer whales from the same population 
or from separate isolated populations? If from the same population, 
then the designation of a strategic stock in the Hawaii EEZ would be 
questionable.
    Response: The Hawaiian stock of false killer whales is considered a 
strategic stock under the MMPA because fishery-related mortality and 
serious injury exceeds the PBR level for this stock (see 16 U.S.C. 
1362(19)).
    Genetic analysis of samples from false killer whales in the North 
Pacific Ocean indicates population structure, but geographic boundaries 
of the various populations cannot yet be identified. However, the 
evidence for reproductive isolation and strong genetic differentiation 
of individuals sampled around Hawaii from individuals sampled in the 
ETP is solid. Furthermore, NMFS'' current mortality and serious injury 
estimates are based only on takes within the U.S. EEZ and compared to 
PBR levels derived from abundance estimates for waters within the U.S. 
EEZ. In addition, even if the actual boundaries of the Hawaiian stock 
of false killer whales extended beyond the EEZ, the strategic status of 
the stock would not be changed. NMFS'' guidelines for preparing marine 
mammal stock assessment reports contain specific instructions for 
calculating PBR of trans-boundary stocks. (The guidelines are available 
in electronic form at http://nmml.afsc.noaa.gov/library/gammsrep/gammsrep.htm.) In cases such as false killer whales in the Hawaiian 
EEZ, where the stock could extend into international waters, the PBR 
would be based on the abundance of animals within the EEZ. This 
guideline was established to prevent underestimating the effects of 
mortality and serious injury incidental to U.S. fisheries in 
international waters where unknown levels of additional human-caused 
mortality and serious injury (e.g., incidental to foreign fisheries in 
the same waters) may also be affecting the stock. NMFS does, however, 
plan to try to obtain additional genetic samples from a broader 
geographic range to help define stock boundaries.
    Comment 18: One commenter stated that estimated mortality of false 
killer whales in the Hawaii longline fishery may be underestimated for 
several reasons, including: (1) some hooked and thus seriously injured 
whales may break free of the gear before reaching the boat, (2) some 
false killer whales from the Hawaiian stock may be taken outside the 
U.S. EEZ; (3) false killer whales observed taken in Palmyra's EEZ may 
be part of the Hawaiian stock; and (4) several observed interactions 
with unidentified cetaceans are likely to have been false killer 
whales. If the number of unidentified cetaceans seriously injured or 
killed in the Hawaii longline fishery was pro-rated in proportion to 
the known mortality and serious injury of the potential species 
involved, the estimated takes of false killer whales within the 
Hawaiian EEZ would increase.
    Response: Mortality of false killer whales in the Hawaii longline 
fishery may be underestimated. NMFS intends to obtain additional data 
to clarify the stock structure and genetic differentiation of animals 
found in waters surrounding Palmyra Island versus those in the Hawaiian 
EEZ and in international waters of the tropical Pacific . See Response 
to Comment 17.
    Comment 19: One commenter noted that NMFS incorrectly states, 
``Since 1998, only one false killer whale has been observed killed in 
the Hawaiian EEZ'' (69 FR 19368, May 13, 2004). The commenter stated 
that serious injury and mortality estimates should not have been based 
on this interaction because it is over five years old.
    Response: The proposed 2004 LOF does contain an error; since 1998, 
only one false killer whale has been observed seriously injured in the 
Hawaiian EEZ. The individual was released with a hook in the mouth and 
trailing line. Based on NMFS'' serious injury guidelines, any cetacean 
released with trailing gear is considered seriously injured. By 
definition, a serious injury is one that will likely result in 
mortality (50 CFR 229.2). Furthermore, section 118 of the MMPA treats 
mortality and serious injury equally.
    NMFS mortality estimates are based on information presented in the 
most recent SAR. Based on NMFS'' guidelines for preparing SARs, serious 
injury and mortality rates are generally based on the most recent 5-
year averages of data available when the SAR is drafted (e.g., 1997-
2001 for the 2003 SARs).
    Comment 19a: One commenter stated re-opening the area closed to 
swordfish fishing will likely increase takes of false killer whales by 
the Hawaii longline fishery.
    Response: Comment noted.
    Comment 20: Two commenters expressed concerns regarding NMFS 
protocols for assessing serious injuries of false killer whales and 
requested NMFS to revisit its serious injury guidelines or develop a 
more refined assessment method. In particular, one commenter requested 
NMFS to convene a workshop to specifically address serious injury 
guidelines for false killer whales, since the commenter does not 
believe an individual hooked in the mouth is likely to die.
    Response: NMFS convened a workshop of experts in marine mammal 
biology, marine mammal medicine, and fishing technologies in April 
1997. The results of this workshop included guidelines for 
differentiating serious and non-serious injuries of marine mammals 
incidental to commercial

[[Page 48414]]

fishing operations, which were published as a NOAA Technical Memorandum 
(NMFS-OPR-13 1998), and have been used to determine severity of 
injuries to false killer whales and other cetaceans in the Hawaii 
longline fishery. The publication process included scientific peer 
review. These guidelines represent a compilation of the best scientific 
information available at the time and have not been updated since 1997. 
Additional data, particularly on large whales, have been collected 
since the workshop was convened. When these additional data have been 
compiled and analyzed, NMFS will update the guidelines as needed.
    Comment 21: One commenter urged NMFS to increase observer coverage 
to more accurately estimate serious injury and mortality of marine 
mammals incidental to the Hawaii longline fishery.
    Response: There is 100-percent observer coverage in the shallow-set 
component and 20-percent observer coverage in the deep-set component of 
the Hawaii longline fishery beginning in 2004, as mandated by an 
Endangered Species Act section 7 biological opinion on sea turtle 
interactions with the fishery, and these observers are trained to 
collect information on interactions with all protected species. Given 
the relatively long history of the deep-set component and our 
understanding of fishing practices, catch, and interactions with 
protected species, 20 percent is a sufficient level of coverage in the 
deep-set component of the fishery.
    Comment 22: One commenter stated that, under the National 
Environmental Policy Act (NEPA), NMFS should not rely on the 
Environmental Assessment (EA) prepared for regulations to implement 
section 118 of the MMPA (1995 EA) for the 2004 LOF.
    Response: The 1995 EA concluded that implementation of these 
regulations would not have a significant impact on the human 
environment. This final rule would not make any significant change in 
the management of reclassified fisheries, and therefore, this final 
rule is not expected to change the analysis or conclusion of the 1995 
EA. If NMFS takes a management action, for example, through the 
development of a TRP, NMFS will first prepare the appropriate 
environmental analysis as required under NEPA specific to that action.
    Comment 23: One commenter stated that NMFS did not comply with the 
Regulatory Flexibility Act (RFA) in preparing the 2004 LOF.
    Response: NMFS complied with the RFA. The Chief Counsel for 
Regulation of the Commerce Department certified to the Chief Counsel 
for Advocacy of the Small Business Administration that the rule would 
not have a significant economic impact on a substantial number of small 
entities. (See 5 U.S.C. 605 and the Classification section of the 
proposed rule, 69 FR 19365, April 13, 2004.) As a result, no initial or 
final regulatory flexibility analysis was required. 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. Additionally, 
fishers may be subject to a take reduction plan and requested to 
carry an observer. The Authorization Certificate authorizes the 
taking of marine mammals incidental to commercial fishing 
operations. NMFS has estimated that approximately 41,600 fishing 
vessels, most of which are small entities, 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.
    This rule proposes to elevate the Hawaii Swordfish, Tuna, 
Billfish, Mahi Mahi, Wahoo, Oceanic Sharks Longline/Set Line Fishery 
to Category I in the LOF. Therefore participants in this fishery 
(140 participants) would be required to register under the MMPA.
    Though this proposed rule would affect a number of small 
entities, the $25 registration fee, with respect to anticipated 
revenues, is not considered a significant economic impact. If a 
vessel is requested to carry an observer, fishers will not incur any 
economic costs associated with carrying that observer. As a result 
of this certification, an initial regulatory flexibility analysis 
was not prepared. In the event that reclassification of a fishery to 
Category I or II results in a take reduction plan, economic analyses 
of the effects of that plan will be summarized in subsequent 
rulemaking actions.

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

    Comment 24: Several commenters recommended elevating the Gulf of 
Mexico blue crab trap/pot fishery from Category III to Category II due 
to interactions with bottlenose dolphins. One commenter also 
recommended that NMFS institute an observer program in this fishery to 
obtain more reliable information.
    Response: As stated in the 2004 proposed LOF (69 FR 19365, 19370, 
April 13, 2004), NMFS believes it is necessary to investigate stock 
structure of bottlenose dolphins in the Gulf of Mexico and intends to 
reevaluate this fishery as relevant information becomes available. The 
vast majority of NMFS resources for bottlenose dolphin research is 
being expended in the Atlantic Ocean to satisfy the needs of the 
Atlantic Bottlenose Dolphin Take Reduction Team (TRT). As the needs of 
this existing TRT are met, NMFS plans to shift resources to the Gulf of 
Mexico to better define bottlenose dolphin stock structure and 
interactions with fisheries in this area. However, NMFS does not have 
adequate information at this time to change the classification of this 
fishery.
    Comment 25: One commenter recommended NMFS reclassify the Gulf of 
Mexico menhaden purse seine fishery as a Category I fishery and direct 
more observer effort to determining the level of fishery interactions 
with bottlenose dolphins.
    Response: NMFS believes it is necessary to investigate the stock 
structure of bottlenose dolphins in the Gulf of Mexico and monitor 
interactions between bottlenose dolphins and the Gulf of Mexico 
menhaden purse seine fishery and Gulf of Mexico gillnet fishery. NMFS 
intends to reevaluate this fishery as relevant information becomes 
available. However, NMFS does not have adequate information at this 
time to change the classification of this fishery. See Response to 
Comment 24. See also the 2003 LOF, for the response to a similar 
comment (68 FR 41725, 41730; July 15, 2003).
    Comment 26: One commenter recommended NMFS reclassify the Gulf of 
Mexico gillnet fishery as a Category I fishery given that bottlenose 
dolphin population structure in the Gulf of Mexico is composed of 
numerous stocks with low PBR levels.
    Response: See Response to Comment 25.
    Comment 27: One commenter strongly urged NMFS to promptly respond 
to, and necropsy, strandings in the southeast U.S. to assess patterns 
and levels of marine mammal interactions with the Gulf of Mexico blue 
crab trap/pot fishery.
    Response: The marine mammal stranding network has established 
protocols in place for responding to and investigating stranding 
events. The Level A data form that responders are required to use has a 
specific field to note any evidence of a fishery interaction. In the 
event that a fishery interaction is suspected, the network and the 
appropriate NMFS Regional Office and/or Science Center have protocols 
in place to investigate further and identify the fishery.
    Comment 28: One commenter noted the expansion of open ocean 
aquaculture operations may warrant

[[Page 48415]]

further consideration related to the LOF. The commenter stated that a 
proposal to expand aquaculture operations to old oil platforms in the 
Gulf of Mexico may cause interactions with bottlenose dolphins if the 
operation uses high intensity acoustic harassment devices. The 
commenter noted that the finfish or shellfish aquaculture fisheries 
currently listed on the LOF would not include this new operation.
    Response: NMFS is aware of the expansion of aquaculture and growing 
concerns with aquaculture operations particularly as they relate to 
harassment of marine mammals. On January 12-13, 1999, NMFS held a 
marine aquaculture workshop to evaluate the potential effects of 
aquaculture operations on marine mammals and sea turtles. NMFS is 
considering additional workshops to further evaluate these operations 
for cases involving serious injuries and mortalities of marine mammals. 
NMFS believes the fishery classification criteria sufficiently address 
fishery-related interactions with aquaculture operations. NMFS is not 
aware of any proposals for the use of oil platforms as aquaculture 
facilities. The current marine aquaculture fisheries listed on the LOF, 
``Finfish aquaculture'' and ``Shellfish aquaculture,'' apply to all 
aquaculture operations conducted in the Atlantic Ocean, Gulf of Mexico, 
and Caribbean.

Summary of Changes to the LOF for 2004

    The following summarizes changes to the LOF in 2004 in fishery 
classification, fisheries listed on the LOF, the number of participants 
in a particular fishery, and the species and/or stocks that are 
incidentally killed or seriously injured in a particular fishery. The 
LOF for 2004 is identical to the LOF for 2003 with the following 
exceptions.

Fishery Classification

    The ``Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic 
Sharks Longline/Set Line Fishery'' is elevated from Category III to 
Category I.

Addition of Fisheries to the LOF

    The following fisheries are added to the LOF as Category III 
fisheries:
    ``AK Bering Sea and Aleutian Islands Atka Mackerel Trawl Fishery,'' 
``AK Bering Sea and Aleutian Islands Flatfish Trawl Fishery,'' ``AK 
Bering Sea and Aleutian Islands Pacific Cod Trawl Fishery,'' ``AK 
Bering Sea and Aleutian Islands Pollock Trawl Fishery'', ``AK Gulf of 
Alaska Flatfish Trawl Fishery,'' ``AK Gulf of Alaska Pacific Cod Trawl 
Fishery,'' ``AK Gulf of Alaska Pollock Trawl Fishery,'' ``AK Gulf of 
Alaska Rockfish Trawl Fishery,'' ``AK Aleutian Islands Sablefish Pot 
Fishery,'' ``AK Bering Sea Sablefish Pot Fishery,'' ``AK Bering Sea and 
Aleutian Islands Pacific Cod Pot Fishery,'' ``AK Gulf of Alaska Pacific 
Cod Pot Fishery,'' ``AK Southeast Alaska Shrimp Pot Fishery,'' ``AK 
Southeast Alaska Crab Pot Fishery,'' ``AK Gulf of Alaska Crab Pot 
Fishery,'' ``AK Bering Sea and Aleutian Islands Crab Pot Fishery,'' 
``AK Bering Sea and Aleutian Islands Greenland Turbot Longline 
Fishery,'' ``AK Bering Sea and Aleutian Islands Pacific Cod Longline 
Fishery,'' ``AK Bering Sea and Aleutian Islands Rockfish Longline,'' 
``AK Bering Sea and Aleutian Islands Sablefish Longline Fishery,'' ``AK 
Gulf of Alaska Sablefish Longline Fishery,'' ``AK Gulf of Alaska 
Pacific Cod Longline Fishery,'' ``AK Gulf of Alaska Flatfish Longline 
Fishery,'' and ``AK Gulf of Alaska Rockfish Longline.''

Removal of Fisheries From the LOF

    The following fisheries are removed from the 2004 LOF: The ``AK 
Bering Sea and Gulf of Alaska Finfish Pot Fishery,'' ``AK Crustacean 
Pot Fishery,'' ``AK Bering Sea and Aleutian Islands Groundfish 
Longline/Set Line Fishery (federally regulated waters, including 
miscellaneous finfish and sablefish),'' ``AK Gulf of Alaska Groundfish 
Longline/Set Line Fishery (federally regulated waters, including 
miscellaneous finfish and sablefish),'' ``AK Bering Sea and Aleutian 
Islands Groundfish Trawl Fishery,'' and ``AK Gulf of Alaska Groundfish 
Trawl Fishery.''

Number of Vessels/Persons

    The estimated number of participants in the ``OR Swordfish Floating 
Longline Fishery'' is updated to 1.
    The estimated number of participants in the ``WA Puget Sound Region 
Salmon Drift Gillnet Fishery'' is updated to 210 based on 2003 permit 
data.

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 most recent LOF is used.
    The tables also list the marine mammal species or stocks 
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 serious 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. 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), and according to 
factors listed in the definition of ``Category II fishery'' in 50 CFR 
229.2.
    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.

[[Page 48416]]



                      Table 1.--List of Fisheries Commercial Fisheries in the Pacific Ocean
----------------------------------------------------------------------------------------------------------------
                                    Estimated
      Fishery description          of     Marine mammal species and stocks incidentally killed/injured
                                 vessels/persons
----------------------------------------------------------------------------------------------------------------
                                                   Category I
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
  CA angel shark/halibut and                  58  Harbor porpoise, Central CA.
   other species set gillnet                      Common dolphin, short-beaked, CA/OR/WA.
   (>3.5 in. mesh).                               Common dolphin, long-beaked CA.
                                                  California sea lion, U.S.
                                                  Harbor seal, CA.
                                                  Northern elephant seal, CA breeding.
                                                  Sea otter, CA.
Longline/Set Line Fisheries:
  HI swordfish, tuna,                        140  Humpback whale, Central North Pacific.
   billfish, mahi mahi, wahoo,                    False killer whales, HI.
   oceanic sharks longline/set                    Risso's dolphin, HI.
   line.                                          Bottlenose dolphin, HI.
                                                  Spinner dolphin, HI.
                                                  Short-finned pilot whale, HI.
                                                  Sperm whale, HI.
-------------------------------
                                                   Category II
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
  AK Bristol Bay salmon drift              1,903  Steller sea lion, Western U.S.
   gillnet.                                       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, Bering Sea.
   gillnet.                                       Beluga whale, Bristol Bay.
                                                  Gray whale, Eastern North Pacific.
                                ................  Northern fur seal, Eastern Pacific.
                                                  Spotted seal, AK.
  AK Cook Inlet salmon drift                 576  Steller sea lion, Western U.S.
   gillnet.                                       Harbor seal, GOA.
                                                  Harbor porpoise, GOA.
                                                  Dall's porpoise, AK.
                                ................  Beluga whale, Cook Inlet.
  AK Kodiak salmon set gillnet               188  Harbor seal, GOA.
                                                  Harbor porpoise, GOA.
                                                  Sea otter, AK.
  AK Metlakatla/Annette Island                60  None documented.
   salmon drift gillnet.
  AK Peninsula/Aleutian                      164  Northern fur seal, Eastern Pacific.
   Islands salmon drift                           Harbor seal, GOA.
   gillnet.                                       Harbor porpoise, GOA.
                                ................  Dall's porpoise, AK.
  AK Peninsula/Aleutian                      116  Steller sea lion, Western U.S.
   Islands salmon set gillnet.                    Harbor porpoise, Bering Sea.
  AK Prince William Sound                    541  Steller sea lion, Western U.S.
   salmon drift gillnet.                          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, Eastern U.S.
   gillnet.                                       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                      170  Harbor seal, Southeast AK.
   gillnet.                                       Gray whale, Eastern North Pacific.
  CA/OR thresher shark/                      113  Steller sea lion, Eastern U.S.
   swordfish drift gillnet                        Sperm whale, CA/OR/WA.
   (>=14 in. mesh).                               Dall's porpoise, CA/OR/WA.
                                                  Fin whale, CA/OR/WA.
                                                  Gray whale, Eastern North Pacific.
                                                  Northern Pacific white-sided dolphin, CA/OR/WA

[[Page 48417]]

 
                                ................  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,                   24  None documented.
   white seabass, and tuna
   drift gillnet fishery(mesh
   size > 3.5 inches and < 14
   inches).
  WA Puget Sound Region salmon               210  Harbor porpoise, inland WA.
   drift gilnet (includes all                     Dall's porpoise, CA/OR/WA.
   inland waters south of US-                     Harbor seal, WA inland.
   Canada border and eastward
   of the Bonilla-Tatoosh line-
   Treaty Indian fishing is
   excluded).
Purse Seine Fisheries:
  AK Southeast salmon purse                  416  Humpback whale, Central North Pacific.
   seine.
  CA anchovy, mackerel, tuna                 150  Bottlenose dolphin, CA/OR/WA offshore.
   purse seine.                                   California sea lion, U.S.
                                                  Harbor seal, CA.
  CA squid purse seine........                65  Short-finned pilot whale, CA/OR/WA.
Trawl Fisheries:
  AK miscellaneous finfish                     2  None documented.
   pair trawl.
Longline/Set Line Fisheries:
  CA pelagic longline.........                30  California sea lion.
  OR swordfish floating                        1  None documented.
   longline.
  OR blue shark floating                       1  None documented.
   longline..
-------------------------------
                                                  Category III
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
  AK Cook Inlet salmon set                   745  Steller sea lion, Western U.S.
   gillnet.                                       Harbor seal, GOA.
                                                  Harbor porpoise, GOA.
                                                  Dall's porpoise, AK.
                                ................  Beluga whale, Cook Inlet.
  AK Kuskokwim, Yukon, Norton              1,922  Harbor porpoise, Bering Sea.
   Sound, Kotzebue salmon
   gillnet.
  AK miscellaneous finfish set                 3  Steller sea lion, Western U.S.
   gillnet.
  AK Prince William Sound                     30  Steller sea lion, Western U.S. Harbor seal, GOA.
   salmon set gillnet.
  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 coast.
   gillnet (excluding treaty
   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 lion, U.S.
   (includes tributaries)                         Harbor seal, OR/WA coast.
   drift gillnet.
  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                  10  None documented.
   seine.
  AK miscellaneous finfish                     1  None documented.
   beach seine.
  AK miscellaneous finfish                     3  None documented.
   purse 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                      953  Harbor seal, GOA.
   (except Southeast Alaska,
   which is in Category II).

[[Page 48418]]

 
  CA herring purse seine......               100  California sea lion, U.S.
                                                  Harbor seal, CA.
  CA sardine purse............               120  None documented.
  HI opelu/akule net..........                16  None documented.
  HI purse seine..............                18  None documented.
  HI throw net, cast net......                47  None documented.
  WA (all species) beach seine               235  None documented.
   or 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                  119  None documented.
   net.
Marine Aquaculture Fisheries:
  CA salmon enhancement                       >1  None documented.
   rearing 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  None documented.
   bottom fish, WA, OR, CA              (330 AK)
   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                     36  Killer whale, Eastern North Pacific resident.
   Islands Greenland turbot                       Killer whale, Eastern North Pacific transient.
   longline.
  AK Bering Sea, Aleutian                    114  None documented.
   Islands cod longline.
  AK Bering Sea, Aleutian                     17  None documented.
   Islands rockfish longline.
  AK Bering Sea, Aleutian                     63  None documented.
   Islands sablefish longline.
  AK Gulf of Alaska halibut                1,302  None documented.
   longline.
  AK Gulf of Alaska Pacific                  440  None documented.
   cod longline.
  AK Gulf of Alaska rockfish                 421  None documented.
   longline.
  AK Gulf of Alaska sablefish                412  None documented.
   longline.
  AK halibut longline/set line             3,079  Steller sea lion, Western U.S.
   (State and Federal waters).
  AK octopus/squid longline...                 7  None documented.
  AK state-managed waters                    731  None documented.
   groundfish longline/set
   line(including sablefish,
   rockfish, and miscellaneous
   finfish).
  WA, OR, CA groundfish,                     367  None documented.
   bottomfish longline/set
   line.
  WA, OR North Pacific halibut               350  None documented.
   longline/set line.
Trawl Fisheries:
  AK Bering Sea, Aleutian                      8  Steller sea lion, Western U.S.
   Islands Atka mackerel trawl.
  AK Bering Sea, Aleutian                     26  Steller sea lion, Western U.S.
   Islands flatfish trawl.                        Killer whale, Eastern North Pacific resident.
                                                  Killer whale, Eastern North Pacific transient.
  AK Bering Sea, Aleutian                     87  None documented.
   Islands Pacific cod trawl.
  AK Bering Sea, Aleutian                    120  Steller sea lion, Western U.S.
   Islands pollock trawl.                         Killer whale, Eastern North Pacific resident.
                                                  Killer whale, Eastern North Pacific transient.
                                ................  Humpback whale, Central North Pacific.
                                                  Humpback whale, Western North Pacific.
  AK Bering Sea, Aleutian                      9  None documented.
   Islands rockfish trawl.
  AK Gulf of Alaska flatfish                  52  None documented.
   trawl.
  AK Gulf of Alaska Pacific                  101  None documented.
   cod trawl.
  AK Gulf of Alaska pollock                   83  None documented.
   trawl.
  AK Gulf of Alaska rockfish                  45  None documented.
   trawl.
  AK food/bait herring trawl..                 3  None documented.
  AK miscellaneous finfish                     6  None documented.
   otter or beam trawl.
  AK shrimp otter trawl and                   58  None documented.
   beam trawl (statewide and
   Cook Inlet).
  AK state-managed waters of                   2  None documented.
   Cook 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.

[[Page 48419]]

 
                                ................  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 Aleutian Islands                          8  None documented.
   sablefish pot.
  AK Bering Sea sablefish pot.                 6  Humpback whale, Central North Pacific.
                                                  Humpback whale, Western North Pacific.
  AK Bering Sea, Aleutian                     76  None documented.
   Islands Pacific cod pot.
  AK Bering Sea, Aleutian                    329  None documented.
   Islands crab pot.
  AK Gulf of Alaska crab pot..             \(1)\  None documented.
  AK Gulf of Alaska Pacific                  154  None documented.
   cod pot.
  AK Southeast Alaska crab pot             \(1)\  None documented.
  AK Southeast Alaska shrimp               \(1)\  None documented.
   pot.
  AK octopus/squid pot........                72  None documented.
  AK snail pot................                 2  None documented.
  CA lobster, prawn, shrimp,                 608  Sea otter, CA.
   rock 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                  679  None documented.
   jig.
Harpoon Fisheries:
  CA swordfish harpoon........               228  None documented.
Pound Net/Weir Fisheries:
  AK herring spawn on kelp                   452  None documented.
   pound net.
  AK Southeast herring roe/                    3  None documented.
   food/bait pound net.
  WA herring brush weir.......                 1  None documented.
Bait Pens:
  WA/OR/CA bait pens..........                13  None documented.
Dredge Fisheries:
  Coastwide scallop dredge....               108  None documented.
                                         (12 AK)
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                    637  None documented.
   clam, 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  None documented.
   passenger fishing vessel.          (1,107 AK)

[[Page 48420]]

 
  HI ``other''................               114  None documented.
Live Finfish/Shellfish
 Fisheries:
  CA finfish and shellfish                    93  None documented.
   live 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.


      Table 2.--List of Fisheries Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean
----------------------------------------------------------------------------------------------------------------
                                    Estimated
      Fishery description           number of      Marine mammal species and stocks incidentally killed/injured
                                 vessels/persons
----------------------------------------------------------------------------------------------------------------
                                                   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,                <200  Humpback whale, WNA.
   Gulf of Mexico large                           Minke whale, Canadian east coast.
   pelagics longline.                             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.
                                                  Pygmy sperm whale, WNA.
Trap/Pot Fisheries:
  Northeast/Mid-Atlantic                  13,000  North Atlantic right whale, WNA.
   American lobster trap/pot.                     Humpback whale, WNA.
                                                  Fin whale, WNA.
                                                  Minke whale, Canadian east coast.
                                                  Harbor seal, WNA.

[[Page 48421]]

 
Trawl Fisheries:
  Atlantic squid, mackerel,                  620  Common dolphin, WNA.
   butterfish trawl.                              Risso's dolphin, WNA.
                                                  Long-finned pilot whale, WNA.
                                                  Short-finned pilot whale, WNA.
                                                  White-sided dolphin, WNA.
-------------------------------
                                                   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                      94  Bottlenose dolphin, WNA coastal.
   gillnet.
  Northeast anchored float                   133  Humpback whale, WNA.
   gillnet.                                       White-sided dolphin, WNA.
                                                  Harbor seal, WNA.
  Northeast drift gillnet.....             \(1)\  None documented.
  Southeast Atlantic gillnet..               779  Bottlenose dolphin, WNA coastal.
  Southeastern U.S. Atlantic                   6  Bottlenose dolphin, WNA coastal.
   shark gillnet.                                 North Atlantic right whale, WNA.
                                                  Atlantic spotted dolphin, WNA.
Trawl Fisheries:
  Atlantic herring midwater                   17  Harbor seal, WNA.
   trawl (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/             \(1)\  Fin whale, WNA.
   pot.                                           Humpback whale, Gulf of Maine.
                                                  Minke whale, Canadian east coast.
                                                  Harbor porpoise, GM/BF.
Purse Seine Fisheries:
  Gulf of Mexico menhaden                     50  Bottlenose dolphin, Western GMX coastal.
   purse seine.                                   Bottlenose dolphin, Northern GMX coastal.
Haul/Beach Seine Fisheries:
  Mid-Atlantic haul/beach                     25  Bottlenose dolphin, WNA coastal.
   seine.                                         Harbor porpoise, GME/BF.
  North Carolina long haul                    33  Bottlenose dolphin, WNA coastal.
   seine.
Stop Net Fisheries:
  North Carolina roe mullet                   13  Bottlenose dolphin, WNA coastal.
   stop net.
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                      45  Harbor porpoise, GME/BF.
   gillnet.
  Delaware Bay inshore gillnet                60  Humpback whale, WNA.
                                                  Bottlenose dolphin, WNA coastal.
                                                  Harbor porpoise, GME/BF.
  Long Island Sound inshore                   20  Humpback whale, WNA.
   gillnet.                                       Bottlenose dolphin, WNA coastal.
                                                  Harbor porpoise, GME/BF.
  Rhode Island, southern                      32  Humpback whale, WNA.
   Massachusetts (to Monomoy                      Bottlenose dolphin, WNA coastal.
   Island), and New York Bight                    Harbor porpoise, GME/BF.
   (Raritan and Lower New York
   Bays) inshore gillnet.
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                215  None documented.
   sea scallop trawl.
  Gulf of Maine northern                     320  None documented.
   shrimp trawl.
  Gulf of Mexico butterfish                    2  Atlantic spotted dolphin, Eastern GMX.
   trawl.                                         Pantropical spotted dolphin, Eastern GMX.
  Gulf of Mexico mixed species                20  None documented.
   trawl.

[[Page 48422]]

 
  Mid-Atlantic mixed species              >1,000  None documented.
   trawl.
  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,            >18,000  Bottlenose dolphin, WNA.
   Gulf of Mexico coastal
   shrimp trawl.
  U.S. Atlantic monkfish trawl             \(1)\  Common dolphin, WNA.
Marine Aquaculture Fisheries:
  Finfish aquaculture.........                48  Harbor seal, WNA.
  Shellfish aquaculture.......             \(1)\  None documented.
Purse Seine Fisheries:
  Gulf of Maine Atlantic                      30  Harbor porpoise, GME/BF.
   herring purse seine.                           Harbor seal, WNA.
                                                  Gray seal, WNA.
  Gulf of Maine menhaden purse                50  None documented.
   seine.
  Florida west coast sardine                  10  Bottlenose dolphin, Eastern GMX coastal.
   purse seine.
  Mid-Atlantic menhaden purse                 22  Bottlenose dolphin, WNA coastal.
   seine.                                         Humpback whale, WNA.
  U.S. Atlantic tuna purse                     5  None documented.
   seine.
  U.S. Mid-Atlantic hand seine              >250  None documented.
Longline/Hook-and-Line
 Fisheries:
  Gulf of Maine tub trawl                     46  Harbor seal, WNA.
   groundfish bottom longline/                    Gray seal, Northwest North Atlantic.
   hook-and-line.                                 Humpback whale, WNA.
  Gulf of Maine, U.S. Mid-                26,223  Humpback whale, WNA.
   Atlantic tuna, shark
   swordfish hook-and-line/
   harpoon.
  Southeastern U.S. Atlantic,             >5,000  None documented.
   Gulf of Mexico, and
   Caribbean snapper-grouper
   and other reef fish bottom
   longline/hook-and-line.
  Southeastern U.S. Atlantic,               <125  None documented.
   Gulf of Mexico shark bottom
   longline/hook-and-line.
  Southeastern U.S. Atlantic,              1,446  None documented.
   Gulf of Mexico, and
   Caribbean pelagic hook-and-
   line/harpoon.
Trap/Pot Fisheries
  Caribbean mixed species trap/             >501  None documented.
   pot.
  Caribbean spiny lobster trap/             >197  None documented.
   pot.
  Florida spiny lobster trap/              2,145  Bottlenose dolphin, Eastern GMX coastal.
   pot.
  Gulf of Mexico blue crab                 4,113  Bottlenose dolphin, Western GMX coastal.
   trap/pot.                                      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             \(1)\  None documented.
   trap/pot.
  Southeastern U.S. Atlantic,                 10  None documented.
   Gulf of Mexico golden crab
   trap/pot.
  Southeastern U.S. Atlantic,              4,453  None documented.
   Gulf of Mexico stone crab
   trap/pot.
  U.S. Mid-Atlantic eel trap/               >700  None documented.
   pot.
Stop Seine/Weir/Pound Net
 Fisheries:
  Gulf of Maine herring and                   50  North Atlantic right whale, WNA.
   Atlantic mackerel stop                         Humpback whale, WNA.
   seine/weir.                                    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                    751  None documented.
   species 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-                   233  None documented.
   Atlantic sea scallop dredge.
  U.S. Mid-Atlantic/Gulf of                7,000  None documented.
   Mexico oyster.
  U.S. Mid-Atlantic offshore                 100  None documented.
   surf clam and quahog dredge.
Haul/Beach Seine Fisheries:
  Caribbean haul/beach seine..                15  West Indian manatee, Antillean.
  Gulf of Mexico haul/beach                \(1)\  None documented.
   seine.
  Southeastern U.S. Atlantic,                 25  None documented.
   haul/beach seine.
Dive, Hand/Mechanical
 Collection Fisheries:
  Atlantic Ocean, Gulf of                 20,000  None documented.
   Mexico, Caribbean shellfish
   dive, hand/mechanical
   collection.

[[Page 48423]]

 
  Gulf of Maine urchin dive,                 >50  None documented.
   hand/mechanical collection.
  Gulf of Mexico, Southeast                \(1)\  None documented.
   Atlantic, Mid-Atlantic, and
   Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
  Atlantic Ocean, Gulf of                  4,000  None documented.
   Mexico, 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.
\1\Unknown.

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 rule will not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
the certification appears elsewhere in the preamble to this rule and is 
not repeated here. As a result, no regulatory flexibility analysis was 
prepared. One comment was received regarding compliance with the RFA 
(Comment 23) and is responded to above. That comment did not cause a 
change in the certification previously made.
    This final 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 
Office of Management and Budget (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 collection of information, 
including suggestions for reducing burden, to NMFS and OMB (see 
ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) for regulations to implement section 
118 of the MMPA (1995 EA). The 1995 EA concluded that implementation of 
those regulations would not have a significant impact on the human 
environment. This final rule would not make any significant change in 
the management of reclassified fisheries, and therefore, this final 
rule is not expected to change the analysis or conclusion of the 1995 
EA. If NMFS takes a management action, for example, through the 
development of a Take Reduction Plan (TRP), NMFS will first prepare an 
environmental document as required under NEPA specific to that action.
    This final rule will not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this final rule will not affect the 
conclusions of those opinions. The classification of fisheries on the 
LOF is not considered to be a management action that would adversely 
affect threatened or endangered species. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would 
conduct consultation under section 7 of the ESA for that action.
    This final rule will have no adverse impacts on marine mammals and 
may have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs or take reduction 
teams.
    This final rule will not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

    Dated: August 5, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-18252 Filed 8-9-04; 8:45 am]
BILLING CODE 3510-22-P