Federal Register, Volume 68 Issue 135 (Tuesday, July 15, 2003)

[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Rules and Regulations]
[Pages 41725-41741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17866]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[021213308-3165-02, I.D. 111802B]
RIN 0648-AQ60

List of Fisheries for 2003

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

ACTION: Final rule.

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

DATES: This final rule is effective August 14, 2003. However,
compliance with the requirement to register with NMFS and to obtain an
authorization certificate is not required until January 1, 2004 for
fisheries added or elevated to Category II in this final rule. For
fisheries affected by the delay, see SUPPLEMENTARY INFORMATION.

ADDRESSES: Registration information, materials, and marine mammal
reporting forms may be obtained from several regional offices. See
SUPPLEMENTARY INFORMATION for addresses of the offices.

FOR FURTHER INFORMATION CONTACT: Tanya Dobrzynski, Office of Protected
Resources, 301-713-2322; Kim Thounhurst, Northeast Region, 978-281-
9138; Juan Levesque, Southeast Region, 727-570-5312; Cathy Campbell,
Southwest Region, 562-980-4060; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642. Individuals
who use a telecommunications device for the deaf may call the Federal
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION: Information may be obtained at the following
offices:

NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-2298,
Attn: Marcia Hobbs.
NMFS, Southeast Region, 9721 Executive Center Drive North, St.
Petersburg, FL 33702, Attn: Teletha Griffin.
NMFS, Southwest Region, Protected Species Management Division, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Don Peterson.
NMFS, Northwest Region, 7600 Sand Point Way NE., Seattle, WA 98115,
Attn: Permits Office.
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th
Street, Juneau, AK 99802.

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, 2004, for
fisheries elevated to Category II in this final rule. These fisheries
are: Gulf of Mexico gillnet fishery; California yellowtail, barracuda,
white seabass, tuna drift gillnet fishery; and both the Mid-Atlantic
mixed species trap/pot fishery and the U.S. Mid-Atlantic and Southeast
U.S. Atlantic black seabass trap/pot fishery, which will be combined
with the Northeast trap/pot fishery in the newly-defined Atlantic mixed
species trap/pot fishery for the 2003 LOF. The above mentioned
fisheries are considered to be Category II fisheries on August 14,
2003, and are required to comply with all requirements of Category II
fisheries (i.e., complying with applicable take reduction plan
requirements and carrying observers, if requested), other than the
registration requirement, on that date.

What Is the List of Fisheries?

Under section 118 of the MMPA, NMFS must publish, at least
annually, a LOF that places all U.S. commercial fisheries into one of
three categories based on the level of incidental serious injury and
mortality of marine mammals that occurs in each fishery (16 U.S.C.
1387(c)(1)). The categorization of a fishery in the LOF determines
whether participants in that fishery may be required to comply with
certain provisions of the MMPA, such as registration, observer
coverage, and take reduction plan requirements.

How Does NMFS Determine in Which Category a Fishery Is Placed?

The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized in the response to comment
1 in the preamble below.

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

[[Page 41726]]

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 listed in the first paragraph
of SUPPLEMENTARY INFORMATION.

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 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 participants in Category I or II fisheries that have
previously registered; however, it is the responsibility of the fisher
to ensure that registration or renewal forms are completed and
submitted to NMFS at least 30 days in advance of fishing. Individuals
who have not received a renewal packet by January 1 or are registering
for the first time should request a registration form from the
appropriate Regional Office (see ADDRESSES).

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

In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or fisher (in the case of non-vessel
fisheries), participating in a Category I, II, or III fishery must
report all incidental injuries or mortalities of marine mammals that
occur during commercial fishing operations to NMFS. ``Injury'' is
defined in 50 CFR 229.2 as a wound or other physical harm. In addition,
any animal that ingests fishing gear or any animal that is released
with fishing gear entangling, trailing, or perforating any part of the
body is considered injured, regardless of the absence of any wound or
other evidence of an injury, and must be reported. Instructions on how
to submit reports can be found in 50 CFR 229.6.

Am I Required To Take an Observer Aboard My Vessel?

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

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 2003 LOF

NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the Stock Assessment Reports (SARs)
for all observed fisheries to determine whether changes in fishery
classification were warranted. NMFS also reviewed other sources of new
information, including marine mammal stranding data, observer program
data, fisher self-reports, and other information that is not included
in the SARs.
NMFS SARs provide the best available information on both the level
of serious injury and mortality of marine mammals that occurs
incidental to commercial fisheries and the potential biological removal
(PBR) levels for marine mammal stocks.
The information contained in the SARs is reviewed by regional
scientific review groups (SRGs) representing Alaska, the Pacific
(including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and the
Caribbean. The SRGs were created by the MMPA to review the science that
goes into the stock assessment reports and to advise NMFS on population
status and trends, stock structure, uncertainties in the science,
research needs, and other issues.
The LOF for 2003 was based on information provided in the final
SARs for 1996 (63 FR 60, January 2, 1998), the final SARs for 2001 (67
FR 10671, March 8, 2002), and the draft (67 FR 19417, April 19, 2002)
and final (68 FR 17920, April 14, 2003) SARs for 2002.

Comments and Responses

NMFS received 16 comment letters on the proposed 2003 LOF (68 FR
1414, January 10, 2003) from environmental, commercial fishing, and
federal and state agency interests. Issues outside the scope of the LOF
are not responded to in this final rule. In particular, there were
several comments regarding the SARs that will be handled through future
SAR reviews and revisions where appropriate as SAR revisions undergo
separate public review and comment. Typographic errors noted by
commenters were corrected where appropriate.

General Comments

Comment 1: Two commenters questioned the appropriateness of the
current tier-based fishery classification system in terms of how it
distinguishes Category I and II fisheries from Category III fisheries.
Both commenters argued that whether a fishery exceeds PBR, and not the
percentage of a stock's PBR incidentally killed or seriously injured in
a fishery, should be the threshold NMFS uses to distinguish among
different fishery classifications given that this is the standard
established in the MMPA.
Response: NMFS disagrees that PBR should be the threshold used to
separate fisheries that result in ``frequent'' and ``occasional''
incidental mortality and serious injury from fisheries that have ``a
remote likelihood of or no known incidental mortality or serious injury
of marine mammals.'' The rationale for this threshold was explained in
the proposed rule (60 FR 31666, June 16, 1995) and final rule (60 FR
45086, August 30, 1995) for the management of unintentional taking of
marine mammals incidental to commercial fishing operations under
section 118 of the MMPA.
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. 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

[[Page 41727]]

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 that 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 more than a negligible impact on marine mammals.
Ultimately, 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 specifically,
to ensure that fisheries progressively move toward the long-term goal
of the MMPA.
Comment 2: One commenter requested that NMFS better describe the
information used and the basis for estimating incidental mortality and
serious injury of marine mammals, specifically for fisheries where the
level of take is uncertain but considered significant.
Response: NMFS appreciates this comment and believes that it would
be useful to provide a background document that better describes the
types of information and methods used to estimate incidental mortality
and serious injury of marine mammals and classify fisheries so that the
public could better understand the rationale for each fishery
classification. NMFS will consider the development of such a document
in the future as time and resources permit. Generally, NMFS uses
information on incidental mortality and serious injury provided in the
annual SARs as the basis for fishery classifications. SARs contain a
list of references that demonstrate the published information used and
also describe how the data on incidental mortality and serious injury
for a given stock were ascertained. NMFS refers the commenter to the
SARs for marine mammal stocks in the U.S. Copies of the SARs are
available on the NMFS Office of Protected Resource's Web site at:
http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html.
Comment 3: One commenter recommended that NMFS distinguish between
commercial and non-commercial (e.g., recreational, subsistence,
personal use) pot fisheries given that non-commercial fisheries may use
practices and gear types that result in interactions with marine
mammals.
Response: NMFS agrees that it is important to address all potential
sources of fishery-related incidental mortality and serious injury of
marine mammals. Furthermore, the agency understands that there are
fisheries in which both commercial and non-commercial fisheries use the
same gear and deploy it in the same manner and that both can result in
incidental mortality and serious injury of marine mammals. While the
MMPA does not currently provide NMFS with the authority to categorize
or monitor non-commercial fisheries with respect to marine mammal
interactions, NMFS is currently seeking this authority through the
administration's proposal to reauthorize the MMPA. Nonetheless, where
possible, NMFS has collected information on incidental mortality and
serious injury of marine mammals resulting from non-commercial
fisheries.
Comment 4: One commenter urged NMFS to ensure consistency in
methods used from fishery to fishery to determine the true level of
incidental mortality and/or serious injury of marine mammals.
Response: NMFS agrees with the commenter that applying its methods
consistently in the determination of estimates of marine mammal
mortality and serious injury incidental to fishing is essential.
Through the workshops on Guidelines for Assessing Marine Mammal Stocks
(GAMMS) held in 1994 and 1996 and the accompanying GAMMS reports, which
are available on the NMFS Office of Protected Resources Web site at
http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html, NMFS has developed guidelines to ensure consistency in the
methods used and analysis of information to determine rates of marine
mammal incidental mortality and serious injury resulting from fishing.

Comments on Fisheries in the Pacific Ocean

Comments on the Alaska Bering Sea and Aleutian Islands (BSAI)
Groundfish Longline/Setline Fishery

Comment 5: One commenter stated that NMFS should reclassify the
Alaska BSAI groundfish longline/setline fishery as Category II given
the level of killer whale takes in the fishery.
Response: According to the 2002 SARs, the BSAI groundfish longline/
setline fishery incurred an average of 0.8 incidental mortalities/
serious injuries of eastern North Pacific northern resident killer
whales between 1995 and 1999, or 11 percent of the stock's PBR, which
qualifies the fishery as Category II. However, the PBR for this stock
is an underestimate because (1) the minimum abundance estimate is based
on a count of known individuals rather than an estimate of population
size and (2) the abundance estimate does not include resident animals
identified during research cruises in the Gulf of Alaska and Bering Sea
in 2001-2002. NMFS expects that the minimum population estimate will
increase as a result of the recent research. Should the minimum
population estimate increase slightly, the PBR level would also
increase, and the estimated mortality level incidental to this fishery
would not be sufficiently high to trigger its placement in Category II.
Therefore, given that the PBR level is likely an underestimate and the
incidental mortality and serious injury rate is so close to the
threshold between Category II and Category III, NMFS will retain this
fishery in Category III at this time.

[[Page 41728]]

Comments on the Hawaii (HI) Swordfish, Tuna, Billfish, Mahi Mahi,
Wahoo, and Oceanic Sharks Longline/Setline Fishery

Comment 6: One commenter stated that NMFS should reclassify the
Hawaii swordfish, tuna, billfish, mahi mahi, wahoo, and oceanic sharks
longline/setline fishery as Category I given that takes of false killer
whales in the fishery exceed the marine mammal stock's PBR level. The
commenter expressed concern that sea turtle regulations that went into
effect have not helped reduce marine mammal takes. The commenter also
expressed concern about the results of recent abundance surveys for
false killer whales.
Response: In 2002, NMFS conducted an abundance survey to estimate
abundance for marine mammals inhabiting waters off the Hawaiian
islands, including areas in which the HI swordfish, tuna, billfish,
mahi mahi, wahoo, and oceanic sharks longline/set line fishery
operates. NMFS is currently analyzing the results of this survey and
will include this information in the Draft Stock Assessment Reports
(SARs) for 2004. NMFS will use the updated SARs to re-evaluate the
classification of this fishery for the 2004 LOF.

Comments on the Alaska Crustacean Pot Fishery

Comment 7: One commenter stated that NMFS should divide the Alaska
crustacean pot fishery into different components based on variation in
geographic area, season, depth, gear type, and interaction with
humpback whales to help NMFS determine which element of the fishery is
having the greatest number of interactions with humpback whales.
Response: The LOF currently groups all Alaska pot fisheries into
the ``Alaska crustacean pot fishery.'' However, this fishery does not
exist as a single entity in terms of fishery operations or management.
Rather, multiple crustacean fisheries target different species over
distinct geographic areas and during separate seasons within the
exclusive economic zone off Alaska and in state waters on an annual
basis. These differences are recognized by NMFS, the North Pacific
Fishery Management Council, and the State of Alaska, and are reflected
in the numerous management specifications and restrictions captured in
regulations promulgated under the Fishery Management Plan for the
Bering Sea and Aleutian Islands King and Tanner Crabs and under Alaska
state management plans for various crab and other crustacean fisheries,
including shrimp, in state waters.
Additionally, Alaska crustacean fisheries are known to result in
incidental mortality and serious injury of marine mammals in some areas
(e.g., Southeast Alaska), but not in others (e.g., the Bering Sea). For
purposes of future Lists of Fisheries, all crustacean fisheries in
Alaska will be reviewed for correct delineations to accurately reflect
existing fishery management regimes. Based on this review, NMFS will
propose adjustments to this and other Alaska fisheries and will
reevaluate data on marine mammal interactions in these fisheries
accordingly for the 2004 LOF.
Comment 8: Two commenters felt that NMFS should reclassify the
Alaska crustacean pot fishery as Category I or II based on its level of
interactions with humpback whales. The commenters felt the inability to
determine the specific fishery that entangled humpback whales should
not make it impossible to classify the fishery as Category I or II and
stated that design of the fishing gear should be sufficient.
Response: See response to Comment 7. The inability to determine the
fishery in which the entanglements occurred does not prevent NMFS from
classifying fisheries. NMFS regulations at 50 CFR 229.2 provide that
the Assistant Administrator will, in the absence of reliable
information, determine whether the incidental serious injury or
mortality is ``occasional'' by evaluating other factors such as fishing
techniques, gear used, seasons and areas fished, and the species and
distribution of marine mammals in the area.
NMFS has not reclassified this fishery at this time because, in
addition to more appropriately delineating the Alaska crustacean pot
fishery and looking at marine mammal incidental mortality and serious
injury rates within different sectors of the fishery, the agency is
currently evaluating the stock structure of Central North Pacific
humpback whales. We will take this comment into consideration as we
further define stock structure of Central North Pacific humpback whales
as well as consider separating and reclassifying portions of the Alaska
crustacean pot fishery, if appropriate, for the 2004 LOF.
Comment 9: One commenter noted that the Central North Pacific stock
of humpback whales should be added to the list of stocks that interact
with the Alaska crustacean pot fishery given that NMFS mentioned in the
text of the proposed rule that it is currently evaluating interactions
between this stock and the fishery.
Response: NMFS will add the Central North Pacific stock of humpback
whales to the list of stocks that interact with this fishery.

Comments on the BSAI Groundfish Trawl Fishery

Comment 10: NMFS received comments supporting and opposing
reclassification of the BSAI groundfish trawl fishery from Category III
to Category II. One commenter in favor of the reclassification stated
that it is more appropriate to reclassify the fishery as Category I
given uncertainty concerning the level of interactions occurring
between the fishery and North Pacific humpback whales. One commenter
opposed to reclassifying the fishery questioned the quality of the data
on which NMFS based this decision as well as the appropriateness of
double-counting humpback whales between the Western and Central North
Pacific stocks. This commenter also requested that NMFS divide the
fishery into smaller components given the sheer size and diversity of
the fishery.
Response: Where there is considerable uncertainty regarding to
which stock a serious injury or mortality should be assigned, NMFS
exercises a conservative approach of assigning the serious injury or
mortality to both stocks. Clearly, if information were available
regarding the location of take, genetics of the animal taken, or other
information that would conclusively link mortality to a specific stock,
NMFS would use it to assign the take to a specific stock. In the
meantime, the agency will review the serious injuries and mortalities
incidental to this fishery to determine whether any of the takes of
concern can be conclusively linked to a specific stock.
As with the Alaska crustacean pot fishery, this comment highlights
the fact that a single BSAI groundfish trawl fishery, as currently
listed in the annual LOF, does not exist as one homogenous fishery in
terms of fishery operations or management, but rather, as a diverse
group of fisheries that use different trawl gear types and target
different groundfish species over distinct geographic areas and during
different seasons within the Bering Sea on an annual basis. These
fisheries are currently managed as separate entities. For instance, the
BSAI groundfish trawl fisheries are managed by gear type (including
pelagic and non-pelagic trawl gear), by target species (including
pollock, Pacific cod, Atka mackerel, and various flatfish and rockfish
complexes), and by geographic regions within the BSAI. These
differences are recognized by NMFS and the North Pacific Fishery
Management Council and are reflected in the numerous management

[[Page 41729]]

specifications and restrictions captured in regulations promulgated
under the Fishery Management Plan for the Bering Sea and Aleutian
Islands.
Additionally, sectors within these fisheries are recognized by
statute (the American Fisheries Act) and regulatory management measures
endorsed by the North Pacific Fishery Management Council and
implemented by NMFS. Such sectors include the head and gut sector of
each of the Pacific cod and Atka mackerel trawl fisheries, and the
catcher/processor and inshore processor sectors, as well as their
associated catcher vessel fleets. In some cases, these sectors also
comprise legally defined co-operatives. Distinct management measures
for these recognized fisheries include separate harvest restrictions by
time and area based on target species, non-target groundfish bycatch,
and prohibited species catch, as well as time and area closures based
on marine mammal management measures. These distinct fisheries are
further recognized in several Biological Opinions promulgated under
Section 7 of the Endangered Species Act and in Environmental Impact
Statements on the fisheries promulgated under the National
Environmental Policy Act.
There is a likelihood that the incidental mortality and serious
injury of marine mammals varies among BSAI groundfish trawl fisheries,
based on gear type, time and area of operations, and target groundfish
species. For this and all the above reasons, NMFS will not reclassify
the fishery designated as the ``BSAI groundfish trawl fishery'' as
Category II in the 2003 LOF. Rather, NMFS will propose fishery
delineations within this fishery that accurately reflect the existing
fishery management regimes for the BSAI groundfish trawl fisheries, and
will analyze rates of marine mammal incidental mortality and serious
injury within these new delineations accordingly, for the 2004 LOF.
A one year delay in this process will not adversely affect NMFS'
ability to monitor marine mammal interactions with this fishery,
because, although currently in Category III, these fisheries already
carry a minimum of 30 percent observer coverage for vessels 60 ft.
(18.3 m.) length overall (LOA) and over, and a vast majority of the
participating vessels maintain 100-200 percent observer coverage by
regulation for purposes of fisheries management.
Additionally, there are other Federal and state fisheries listed in
the LOF that warrant similar review for similar reasons. Therefore, for
purposes of the List of Fisheries, all Federal and state fisheries in
Alaska will be reviewed for correct delineations to accurately reflect
the existing fishery management regimes for the 2004 LOF.
Comment 11: One commenter stated that NMFS should reassess its
methods to monitor the Alaska BSAI groundfish trawl fishery to ensure
that observer coverage is appropriately distributed to monitor humpback
whale takes.
Response: NMFS believes that the level and distribution of observer
coverage in the BSAI groundfish trawl fishery is sufficient to monitor
marine mammal interactions, including those involving humpback whales,
and to identify issues of concern. Currently, there is a requirement
for 100-percent observer coverage of vessels in this fishery that
exceed 124 ft. (37.8 m.) LOA. In some cases, pursuant to the American
Fisheries Act and Community Development Quota programs, 200-percent
observer coverage is required on vessels that exceed this length. For
vessels between 124 ft. (37.8 m.) and 60 ft. (18.3 m.) LOA, 30 percent
observer coverage is required. Observers are not required on catcher
vessels that deliver codends to catcher processors or motherships or on
vessels less than 60 ft. (18.3 m.) LOA.
NMFS' Alaska Regional office is currently working with the North
Pacific Fishery Management Council to review the issue of appropriate
observer coverage in federal groundfish fisheries, as well as halibut
fisheries. All vessel categories in these fisheries, including those
not currently required to carry observers, will be reviewed over the
next several years to assess appropriate observer coverage levels for a
suite of management and scientific needs.
Comment 12: One commenter requested that NMFS clarify whether
harbor seals or harbor porpoises should be removed from the list of
species incidentally killed/seriously injured in the BSAI groundfish
trawl fishery.
Response: NMFS clarifies that in the proposed rule for the 2003
List of Fisheries the agency proposed to remove Gulf of Alaska (GOA)
harbor seals from the list of species interacting with the BSAI
groundfish trawl fishery. Reevaluation of existing data on incidental
mortality and serious injury, together with information on the BSAI
groundfish trawl fishery, confirms that the range of the GOA harbor
seal stock overlaps with the BSAI groundfish trawl fishery. Therefore,
NMFS will retain this stock on the list of species interacting with the
BSAI groundfish trawl fishery. The proposed deletion of the GOA harbor
seal in this case was in error.

Comments on Alaska Cook Inlet Salmon Drift and Set Gillnet Fisheries

Comment 13: Some commenters stated that reclassifying the Alaska
Cook Inlet salmon drift and set gillnet fisheries as Category III is
premature given that a decrease in observed interactions is likely due
to declining numbers of Cook Inlet beluga and that reclassification
should be based on estimated takes, not observed takes. Commenters
recommended the fisheries be kept in Category II with continued
observer coverage.
Response: NMFS has determined that classification of the Alaska
Cook Inlet salmon set gillnet fishery as a Category III fishery is
appropriate based on the lack of any observed serious injuries or
mortalities of marine mammals in that fishery after two consecutive
years of observer coverage that occurred from 1999-2000. In contrast,
analysis completed since the proposed rule was published indicates that
one mortality of harbor porpoise in the Cook Inlet salmon drift gillnet
fishery in 2000 extrapolates to a mortality estimate of 27 animals in
2000, or an average of 13.5 per year for 1999 and 2000. This level of
incidental mortality and serious injury is adequate to retain the Cook
Inlet salmon drift gillnet fishery in Category II. Therefore, NMFS will
retain this fishery as Category II.
NMFS agrees that when classifying a fishery based on observer data,
observed serious injuries and mortalities should be extrapolated to
estimate the total level of incidental serious injury and mortality in
that fishery. Observed levels of incidental mortality and serious
injury were used previously only because the analysis for extrapolation
had not yet been completed. The observed levels of serious injury and
mortality indicated a Category II classification was appropriate, and
the extrapolated estimate still supports this.
Comment 14: One commenter requested that NMFS clarify what it was
proposing with respect to the AK Cook Inlet salmon drift gillnet
fishery.
Response: NMFS clarifies that it initially proposed to reclassify
the AK Cook Inlet salmon drift gillnet fishery as Category III. Upon
further analysis of 2000 data, NMFS will retain this fishery as
Category II in the 2003 LOF (see response to Comment 13 above).

Comments on the California (CA) Yellowtail, Barracuda, White Seabass,
and Tuna Drift Gillnet Fishery

Comment 15: One commenter expressed support for the addition of the
CA yellowtail, barracuda, white

[[Page 41730]]

seabass, and tuna drift gillnet fishery as a Category II fishery.
Response: NMFS agrees and has added the fishery to the LOF as a
Category II fishery.
Comment 16: One commenter recommended that NMFS address this
fishery under the Pacific Offshore Cetacean Take Reduction Plan
(POCTRP).
Response: NMFS believes that it is premature at this point to
include this fishery as part of the POCTRP because this fishery has
little known interaction with marine mammals. In an effort to better
assess this fishery's potential to entangle marine mammals and to
determine the species of marine mammals, if any, that are incidentally
killed or seriously injured in this fishery, NMFS began placing
observers on a small number of vessels participating in this fishery
beginning in summer 2002. NMFS will use the information collected
through this observer program to re-evaluate the categorization of this
fishery in the 2004 LOF and to reassess whether this fishery should be
subject to the POCTRP.

Comments on the California/Oregon (OR) Thresher Shark/Swordfish Drift
Gillnet Fishery (14 in. mesh)

Comment 17: Several commenters supported reclassification of the
CA/OR thresher shark/swordfish drift gillnet fishery from Category I to
Category II.
Response: NMFS agrees and has reclassified the fishery from
Category I to Category II.
Comment 18: One commenter stated that reclassification of the CA/OR
thresher shark/swordfish drift gillnet fishery from Category I to II is
premature given the level of sperm whale takes that occur in the
fishery.
Response: NMFS does not believe that it is premature to reclassify
the CA/OR thresher shark/swordfish drift gillnet fishery from Category
I to Category II. This fishery fits the criteria that were developed
for defining a Category II fishery. These fishery classification
criteria, which were subject to review and comment in 1995, 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. Thus, a fishery that
interacts with several marine mammal stocks can still be classified as
a Category II fishery if the annual mortality and serious injury of
each of these marine mammal stocks is greater than 1 percent but less
than 50 percent of each stock's PBR level. This is the case for the CA/
OR thresher shark/swordfish drift gillnet fishery, thus NMFS is
reclassifying this fishery as a Category II fishery.
Comment 19: One commenter supported reclassification of this
fishery from Category I to II, but urged NMFS to maintain observer
coverage in the fishery given the history of marine mammal takes in the
fishery, the uncertainty of the long-term efficacy of pingers, and the
levels of sperm whale takes in the fishery.
Response: NMFS will maintain observer coverage in this fishery to
continue to monitor the effectiveness of the POCTRP and to ensure the
appropriate categorization of the fishery.

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

Comments on the Mid-Atlantic Coastal Gillnet Fishery

Comment 20: One commenter noted that reclassification of the Mid-
Atlantic coastal gillnet fishery as a Category I fishery is appropriate
based on the level of incidental mortality and serious injury of
Western North Atlantic coastal bottlenose dolphins in this fishery.
Response: NMFS agrees and has reclassified the fishery as Category
I as proposed.

Comments on the Gulf of Mexico Gillnet Fishery

Comment 21: One commenter supported reclassification of the Gulf of
Mexico gillnet fishery as Category II but said that, based on
documented interactions with bottlenose dolphin stocks, the complexity
of the stocks themselves, and the current scant level of monitoring in
this fishery, a Category I classification would be more appropriate for
this fishery.
Response: NMFS believes that data uncertainties regarding marine
mammal interactions in this fishery and bottlenose dolphin stock
structure, as well as the declining level of gillnet fishing activity
in the Gulf of Mexico, support a Category II classification. If new
information indicates that take rates relative to population status are
higher than currently estimated such that a Category I classification
is warranted, NMFS would propose such a reclassification in the future.
Comment 22: One commenter stated that NMFS should separate the Gulf
of Mexico king and Spanish mackerel gillnet fisheries from the rest of
the Gulf of Mexico gillnet fisheries and retain mackerel gillnet
fisheries in Category III because of the lack of evidence of bottlenose
dolphin takes in this portion of the fishery.
Response: Because NMFS relies primarily on strandings data for
information about incidental marine mammal mortality and serious injury
in the Gulf of Mexico, it is often difficult to attribute stranded
marine mammals that show clear signs of gear interaction to a specific
portion of a fishery. Nonetheless, NMFS' observer data from the Mid-
Atlantic and South Atlantic show that mackerel gillnet fisheries have
resulted in entanglement of bottlenose dolphins. In addition, the
Atlantic SRG recommended that NMFS use its discretion under 50 CFR
229.2, which enables the Assistant Administrator to evaluate factors
including, but not limited to fishing techniques and gear used, to
classify all gillnet fisheries as at least Category II given that
observer data clearly show incidental mortality and serious injury of
marine mammals where gillnet fisheries occur.

Comments on the Gulf of Mexico Menhaden Purse Seine Fishery

Comment 23: One commenter stated that the Gulf of Mexico menhaden
purse seine fishery should be listed as Category I based on information
in the 1999 SAR, which indicates that fishery-related mortality and
serious injury from this fishery exceeds PBR for the Gulf of Mexico
bay, sound, and estuarine stocks of bottlenose dolphins. The commenter
recommended that NMFS institute an observer program to obtain better
information on this fishery.
Response: With regard to reclassifying this fishery as Category I,
NMFS responded to this request in the 1999 LOF (see Comment/Response 14
in 64 FR 9067, February 24, 1999), and the same rationale applies. In
summary, because of the lack of certainty regarding stock structure of
the Gulf of Mexico bay, sound and estuarine bottlenose dolphins and the
lack of observer coverage to accurately estimate fishery-related
mortalities in this fishery, NMFS is retaining this fishery as Category
II at this time. NMFS is currently investigating stock structure of
Gulf of Mexico bottlenose dolphins in order to better define these
stocks in the future.
Also, as stated when this fishery was originally elevated to
Category II status, this fishery coincides principally with the coastal
stocks of bottlenose dolphins in the Gulf of Mexico. The original
change in classification was based on PBR for Gulf of Mexico coastal
stocks. NMFS agrees that more current observer data are necessary.

Comments on the Atlantic Mixed Species Trap/Pot Fishery

Comment 24: One commenter supported inclusion of various Category

[[Page 41731]]

III trap/pot fisheries into a new generic trap/pot listing in Category
II.
Response: NMFS agrees and the generic Category II ``Atlantic mixed
species trap/pot'' fishery has been established.
Comment 25: One commenter stated that the newly-defined Atlantic
mixed species trap/pot fishery should be addressed under the Atlantic
Large Whale Take Reduction Plan (ALWTRP) and Harbor Porpoise Take
Reduction Plan (HPTRP).
Response: NMFS added representatives of this fishery complex to the
Atlantic Large Whale Take Reduction Team (ALWTRT) and raised this issue
at the ALWTRT's meeting in April 2003. NMFS will be working with the
ALWTRT to incorporate measures to address this fishery in the ALWTRP.
With regard to the HPTRP, NMFS is not aware of any harbor porpoise
interactions with trap/pot gear in recent years. The harbor porpoise
(Gulf of Maine/Bay of Fundy stock) was listed as interacting with the
fish trap/pot fisheries in the Northeast in the original LOF in 1989.
However, NMFS is reevaluating that information during a review of older
entanglement data and plans to update the list of interacting stocks in
a future LOF based on a review of all available data. Based on data
currently available, it is not appropriate to address trap/pot
fisheries under the HPTRP at this time, although gillnet fisheries used
to obtain bait for these fisheries may already be regulated under the
HPTRP.
Comment 26: One commenter stated that NMFS provided no scientific
justification for classifying the Atlantic mixed species trap/pot
fishery as Category II other than ``by analogy.'' The commenter
objected to the imposition of registration costs that this
classification would have on fishermen.
Response: Classification by analogy refers to the exercise of
administrative discretion using relevant information such as fishing
techniques, gears used, and stranding data, as described in the
definition of a Category II fishery included in the final rule for the
Section 118 implementing regulations (60 FR 45086, August 30, 1995,
codified at 50 CFR 229.2) to determine whether a fishery results in
``occasional'' incidental mortality and serious injury of marine
mammals.
The generic Northeast trap/pot fishery is already a Category II
fishery pursuant to the 2001 LOF. For the 2003 LOF, NMFS has combined
the generic Category III trap/pot fisheries in the Mid-Atlantic and
Southeast with the generic Category II Northeast trap/pot fishery and
redefined the fishery as the Atlantic mixed species trap/pot fishery.
The new Atlantic mixed species trap/pot fishery is appropriately
classified as Category II based on known entanglement of cetaceans and
pinnipeds in this gear type. The presence of trap/pot gear in areas and
at times when these marine mammals are present is likely to result in
occasional incidental mortality or serious injury of marine mammals.
Since implementation of the 2002 LOF, NMFS automatically registers
all Atlantic fishers with current state or federal fishing permits for
fisheries designated as Category I or II and has waived the
registration fee for the Marine Mammal Authorization Permit. Therefore,
there will be no economic burden associated with registration under the
MMPA.
Comment 27: One commenter concurred with classifying Atlantic pot
fisheries at least at the Category II level given that they include
gears already known to incidentally take marine mammals. However, the
commenter thought that Category I would be a more appropriate
classification and said a lower Category is not warranted simply
because the operation of Southeast trap/pot fisheries does not overlap
with right whale distribution. The commenter said these fisheries
entangle other species such as bottlenose dolphins and other small
cetaceans and noted that this information was not provided in the LOF
when justifying categorization of the fishery.
Response: Although the definition of a Category II fishery in 50
CFR 229.2 provides that NMFS may use a number of factors in determining
whether incidental serious injury or mortality is ``occasional,'' the
definition of a Category I fishery does not provide the same level of
flexibility for administrative discretion in determining what is
``frequent.'' If new information becomes available suggesting that
takes in the Atlantic mixed species trap/pot fishery results in a rate
of incidental mortality or serious injury of 50 percent or greater of
the PBR for a marine mammal stock, then it would be appropriate to
consider elevation of those fisheries to Category I.
Data indicate that interactions between bottlenose dolphins and the
spiny lobster and stone crab trap/pot fisheries in the Atlantic,
Caribbean and Gulf of Mexico are rare. Additionally, NMFS has no data
regarding interactions between bottlenose dolphins and other trap/pot
fisheries in the Southeast or Mid-Atlantic. NMFS will continue to
define and evaluate other trap/pot fisheries in the Atlantic,
Caribbean, and Gulf of Mexico and consider whether to reclassify them
based on incidental mortality and serious injury of marine mammals in
the 2004 LOF.

Comments on the Atlantic Ocean, Caribbean, Gulf of Mexico Large
Pelagics Longline Fishery

Comment 28: One commenter stated that NMFS should update the lists
of species incidentally killed or seriously injured in the Atlantic
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery based
on data presented in the 2002 Stock Assessment Reports. The commenter
specifically identified species that NMFS should review.
Response: Unlike the SARs, which focus on the most recent 5 years
of data, the list of marine mammals incidentally killed or seriously
injured in a given fishery in the LOF often includes all species or
stocks known to experience mortality or serious injury in a given
fishery and may also include species for which there are anecdotal or
historical, but not necessarily current, records of interaction based
on a variety of data types (e.g., logbooks, strandings data, observer
data). This helps the agency better understand the nature and types of
interactions that occur in each fishery. NMFS plans to evaluate how
best to present historical versus current data on marine mammal-fishery
interactions in future Lists of Fisheries and will make any necessary
changes in the LOF tables once that evaluation is complete.
Comment 29: One commenter suggested that NMFS subdivide the pelagic
longline fishery into three regional fisheries in the LOF to reflect
variations in geographic region, target species, vessel size, area-
specific regulations, and time of year. The commenter noted
specifically that the Atlantic portion of the longline fishery should
be divided into northern and southern components with a boundary line
at Cape Hatteras, North Carolina.
Response: NMFS appreciates the information provided by the
commenter on potential subdivisions of the pelagic longline fishery and
notes that we addressed similar comments in the final LOF for 1997 (see
Comment/Response 37 in 62 FR 33, January 2, 1997), the final LOF for
1999 (see Comment/Response 18 in 64 FR 9067, February 24, 1999), and
the final LOF for 2001 (see Comment/Response 16 in 66 FR 42784, August
15, 2001). At this time, however, NMFS is not aware of any information
to suggest that there is differential marine mammal incidental
mortality/serious injury in the pelagic longline fishery along
geographic lines. Therefore, subdivision of this fishery as

[[Page 41732]]

the commenter suggests is not appropriate at this time. While
subdivision of this fishery along ecosystem lines similar to that done
for inshore fisheries may be considered in the future, the analysis to
support such a division is not currently available.
NMFS will, whenever possible, define fisheries the way they are
defined in federal, regional, or state fishery management programs.
This will (1) help NMFS fulfill its statutory obligations by
coordinating registration under the MMPA with existing fishery
management programs, (2) provide a ``common name'' for a fishery that
can be used by NMFS, fishers, and state and regional fishery managers,
and (3) allow NMFS to more easily collect information on fishery
statistics, such as the number of participants, target species, length
of fishing season, etc.
Comment 30: One commenter requested that NMFS add the Western North
Atlantic (WNA) pygmy sperm whale to the list of marine mammals
incidentally killed or seriously injured in the pelagic longline
fishery based on the report of a serious injury of a pygmy sperm whale
in this fishery in 2000.
Response: NMFS agrees and will add the WNA pygmy sperm whale to the
list of marine mammals incidentally taken in this fishery.

Comments on the Gulf of Mexico Blue Crab Trap/pot Fishery

Comment 31: One commenter stated that NMFS should reclassify the
Gulf of Mexico blue crab trap/pot fishery at least as Category II and
expressed concern that the agency did not provide adequate
justification for not reclassifying the fishery.
Response: NMFS has decided not to reclassify this fishery in the
2003 LOF because the bottlenose dolphin stock structure in the Gulf of
Mexico is not well defined at this time. Additionally, the available
data on strandings with signs of crab trap/pot interaction are
relatively few in number. Therefore, NMFS believes it is more
appropriate to reevaluate this fishery relative to PBRs for bay, sound,
and estuarine stocks of bottlenose dolphins when the Gulf of Mexico
bottlenose dolphin stock structure is better understood. NMFS is
currently investigating the stock structure of bottlenose dolphins in
the Gulf of Mexico to better define these stocks in the future.
In the coming year, NMFS will work with the Gulf States Marine
Fisheries Commission (GSMFC) and the Sea Grant program to better
monitor bottlenose dolphin takes in this fishery, to educate blue crab
fishermen about marine mammal interaction issues and ways to reduce
takes in the fishery, and to continue work on the derelict trap/pot
removal program, believed to be an important source of marine mammal
mortality and serious injury in the fishery. The NMFS Southeast
Regional Office will monitor the progress in this fishery closely and
reevaluate it for reclassification in the future.
Comment 32: Some commenters objected to future consideration of the
Gulf of Mexico blue crab trap/pot fishery as Category II given the lack
of solid data to support the fishery's reclassification. The commenters
expressed particular concern about the lack of scientific rigor of the
strandings data used in this analysis.
Response: See Comment/Response 31 above. NMFS has decided not to
reclassify this fishery at this time and instead will work with the
GSMFC and Sea Grant program to educate crabbers about ways to reduce
interactions with marine mammals in this fishery.
NMFS believes that strandings data are an important source of
information on marine mammal mortality and serious injury in the Gulf
of Mexico blue crab trap/pot fishery and has developed a proposal to
strengthen strandings programs throughout the Southeast region,
including the Gulf of Mexico, to improve data quality in the coming
years. NMFS'' proposal includes recommendations aimed at ensuring
adequate geographic coverage of strandings programs, improving accuracy
of strandings data, increasing reporting frequency and response time,
facilitating communication between strandings responders and
individuals reporting marine mammal takes, ensuring a centralized
repository, involving fishermen in gear interaction determinations, and
providing guidance to enforcement agents about their role in stranding
response. NMFS will reevaluate this fishery in the 2004 LOF.

Summary of Changes to the LOF for 2003

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

Commercial Fisheries in the Pacific Ocean

Fishery Classification

The ``California/Oregon Thresher Shark/Swordfish Drift Gillnet
Fishery (= 14 in. mesh)'' is moved from Category I to
Category II.
The ``AK Cook Inlet Salmon Set Gillnet Fishery'' is moved from
Category II to Category III.

Addition of Fisheries to the LOF

The ``CA Yellowtail, Barracuda, White Seabass, and Tuna Drift
Gillnet Fishery (mesh size 3.5 inches and < 14 inches)'' is
added to the LOF as a Category II fishery.

Removals of Fisheries from the LOF

The ``CA Shark/Bonito Longline/Set Line Fishery'' is removed from
the LOF.

Fishery Name and Organizational Changes and Clarifications

The ``CA Angel Shark/Halibut and Other Species Large Mesh
(3.5 in. mesh) Set Gillnet Fishery'' is renamed the ``CA
Angel Shark/Halibut and Other Species Set Gillnet Fishery
(3.5 in. mesh).''
The ``CA Longline Fishery'' is renamed the ``CA Pelagic Longline
Fishery.''
The ``CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery'' is
renamed the ``CA/OR thresher shark/swordfish drift gillnet fishery
(=14 in. mesh).''

Number of Vessels/Persons

The estimated number of participants in the ``AK Bering Sea
Aleutian Islands Groundfish Longline/Set Line Fishery'' is updated to
148.
The estimated number of participants in the ``AK Gulf of Alaska
Groundfish Longline/Set Line Fishery'is updated to 1030.
The estimated number of participants in the ``AK Bering Sea
Aleutian Islands Groundfish Trawl Fishery'' is updated to 157.
The estimated number of participants in the ``AK Gulf of Alaska
Groundfish Trawl Fishery'' is updated to 145.
The estimated number of participants in the ``AK Bering Sea, Gulf
of Alaska Finfish Pot Fishery'' is updated to 314.
The estimated number of participants in the ``CA Pelagic Longline
Fishery'' is updated to 30.
The estimated number of participants in the ``CA/OR Thresher Shark/
Swordfish Drift Gillnet Fishery (=14 in. mesh)'' is updated
to 113.
The estimated number of participants in the ``WA Puget Sound Region
Salmon Drift Gillnet Fishery'' is updated to 225.

[[Page 41733]]

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

The Northeast Pacific stock of fin whales is added to the list of
marine mammal species and stocks incidentally injured or killed in the
``AK Bering Sea and Aleutian Islands groundfish trawl fishery'' because
this stock is known to interact with this fishery and was inadvertently
omitted from the list of marine mammal species in the past.
The Central North Pacific stock of humpback whales is added to the
list of marine mammal species and stocks incidentally injured or killed
in the ``Alaska crustacean pot fishery'' because of evidence that this
stock has interacted with components of this fishery.
The CA coastal stock of bottlenose dolphins is removed from the
list of marine mammal species and stocks incidentally injured or killed
in the ``CA herring purse seine fishery.''
The CA/OR/WA stock of fin whales and the eastern North Pacific
stock of gray whales are both added to the list of marine mammal
species and stocks incidentally injured or killed in the ``CA/OR
thresher shark/swordfish drift gillnet fishery (=14 in.
mesh).''

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

Fishery Classification

The ``Gulf of Mexico Gillnet Fishery'' is moved from Category III
to Category II.
The ``Mid-Atlantic Coastal Gillnet Fishery'' is moved from Category
II to Category I.
The ``Mid-Atlantic Mixed Species Trap/Pot Fishery'' and the ``U.S.
Mid-Atlantic and Southeast U.S. Atlantic Black Seabass Trap/Pot
Fishery,'' formerly Category III fisheries, are combined with the
``Northeast Trap/Pot Fishery,'' currently Category II, and any other
trap/pot fishery gear in the Atlantic that is not included in other
trap/pot fisheries specifically identified in the LOF, into the
``Atlantic Mixed Species Trap/Pot Fishery.'' This newly-defined fishery
is classified as Category II.

Addition of Fisheries to the LOF

See discussion of the ``Atlantic Mixed Species Trap/Pot Fishery''
above.

Fishery Name and Organizational Changes and Clarifications

The ``Southeastern U.S. Atlantic, Gulf of Mexico, U.S. Mid-Atlantic
Pelagic Hook-and-Line/Harpoon Fishery'' is renamed the ``Southeastern
U.S. Atlantic, Gulf of Mexico, and Caribbean Pelagic Hook-and-Line/
Harpoon Fishery.''

Number of Vessels/Persons

The estimated number of participants in the ``Southeastern U.S.
Atlantic Shark Gillnet Fishery'' is updated to 6.
The estimated number of participants in the ``U.S. Atlantic Tuna
Purse Seine Fishery'' is updated to 5.
The estimated number of participants in the ``Southeastern U.S.
Atlantic, Gulf of Mexico Shark Bottom Longline/Hook-and-Line Fishery''
is updated to <125.

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

The Western North Atlantic pygmy sperm whale is added to the list
of marine mammal species and stocks incidentally injured or killed in
the ``Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline
Fishery'' given the report of a serious injury of this stock in this
fishery.

List of Fisheries

The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA. The
estimated number of vessels/participants is expressed in terms of the
number of active participants in the fishery, when possible. If this
information is not available, the estimated number of vessels or
persons licensed for a particular fishery is provided. If no recent
information is available on the number of participants in a fishery,
the number from the 1996 LOF is used.
The tables also list the marine mammal species and stocks that are
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, and fisher reports. This list includes
all species or stocks known to experience injury or mortality in a
given fishery, but also includes species or stocks for which there are
anecdotal or historical, but not necessarily current, records of
interaction. Additionally, species identified by logbook entries may
not be verified. 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.

Table 1.--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal species
Estimated and stocks
Fishery description number of incidentally killed/
vessels/persons injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES: CA angel 58 Harbor porpoise,
shark/halibut and other central CA.
species set gillnet (3.5 in mesh) beaked, CA/OR/WA.
Common dolphin, long-
beaked CA.
California sea lion,
U.S.
Harbor seal, CA.
Northern elephant
seal, CA breeding.
Sea otter, CA.
--------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES:

[[Page 41734]]

AK Bristol Bay salmon drift 1,903 Steller sea lion,
gillnet. Western U.S.
Northern fur seal,
Eastern Pacific.
Harbor seal, Bering
Sea.
Beluga whale, Bristol
Bay.
Gray whale, Eastern
North Pacific.
Spotted seal, AK.
Pacific white-sided
dolphin, North
Pacific.
AK Bristol Bay salmon set 1,014 Harbor seal, Bering
gillnet. Sea.
Beluga whale, Bristol
Bay.
Gray whale, Eastern
North Pacific.
Northern fur seal,
Eastern Pacific.
Spotted seal, AK.
AK Cook Inlet salmon drift 576 Steller sea lion,
gillnet. Western U.S.
Harbor seal, GOA.
Harbor porpoise, GOA.
Dall's porpoise, AK.
Beluga whale, Cook
Inlet.
AK Kodiak salmon set 188 Harbor seal, GOA.
gillnet. Harbor porpoise, GOA.
Sea otter, AK.
AK Metlakatla/Annette 60 None documented.
Island salmon drift
gillnet.
AK Peninsula/Aleutian 164 Northern fur seal,
Islands salmon drfit Eastern Pacific.
gillnet. Harbor seal, GOA.
Harbor porpoise, GOA.
Dall's porpoise, AK.
AK Peninsula/Aleutian 116 Steller sea lion,
Islands salmon set gillnet. Western U.S.
Harbor porpoise,
Bering Sea.
AK Prince William Sound 541 Steller sea lion,
salmon drift gillnet. Western U.S.
Northern fur seal,
Eastern gillnet
Pacific.
Harbor seal, GOA.
Pacific white-sided
dolphin, North
Pacific.
Harbor porpoise, GOA.
Dall's porpoise, AK.
Sea Otter, AK.
AK Southeast salmon drift 481 Steller sea lion,
gillnet. Eastern U.S.
Harbor seal, Southeast
AK.
Pacific white-sided
dolphin, North
Pacific.
Harbor porpoise,
Southeast AK.
Dall's porpoise, AK.
Humpback whale,
central North
Pacific.
AK Yakutat salmon set 170 Harbor seal, Southeast
gillnet. AK.
Gray whale, Eastern
North Pacific.
CA/OR thresher shark/ 113 Steller sea lion,
swordfish drift gillnet Eastern U.S.
(=14 in. mesh). Sperm whale, CA/OR/WA.
Dall's porpoise, CA/OR/
WA.
Fin whale, CA/OR/WA.
Gray whale, eastern
North Pacific.
Northern Pacific white-
sided dolphin, CA/OR/
WA.
Southern Pacific white-
sided dolphin, CA/OR/
WA.
Risso's dolphin, CA/OR/
WA.
............... Bottlenose dolphin, CA/
OR/WA offshore.
Short-beaked common
dolphin, CA/OR/WA.
Long-beaked common
dolphin, CA/OR/WA.
Northern right-whale
dolphin, CA/OR/WA.
Short-finned pilot
whale, CA/OR/WA.
Baird's beaked whale,
CA/OR/WA.
Mesoplodont beaked
whale, CA/OR/WA.
Cuvier's beaked whale,
CA/OR/WA.
Pygmy sperm whale, CA/
OR/WA.
............... California sea lion,
U.S.
Northern elephant
seal, CA breeding.
Humpback whale, CA/OR/
WA-Mexico.
Minke whale, CA/OR/WA.
Striped dolphin, CA/OR/
WA.
Killer whale, CA/OR/WA
Pacific coast.
Northern fur seal, San
Miguel Island.
CA yellowtail, barracuda, 24 None documented.
white seabass, and tuna
drift gillnet fishery
(mesh size 3.5
inches and < 14 inches).

[[Page 41735]]

WA Puget Sound Region 225 Harbor porpoise, WA.
salmon drift gillnet Dall's porpoise, CA/OR/
(includes all inland WA.
waters south of US-Canada Harbor seal, WA
border and eastward of the inland.
Bonilla-Tatoosh line--
Treaty Indian fishing is
excluded).
PURSE SEINE FISHERIES
AK Southeast salmon purse 416 Humpback whale,
seine. central North
Pacific.
CA anchovy, mackerel, tuna 150 Bottlenose dolphin, CA/
purse seine. OR/WA offshore.
California sea lion,
U.S.
Harbor seal, CA.
CA squid purse seine....... 65 Short-finned pilot
whale, CA/OR/WA.
TRAWL FISHERIES AK 2 None documented.
miscellaneous finfish pair
trawl.
LONGLINE FISHERIES
CA pelagic longline........ 30 California sea lion.
OR swordfish floating 2 None documented.
longline.
OR blue shark floating 1 None documented.
longline.
--------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Cook Inlet salmon set 745 Steller sea lion,
gillnet. Western U.S.
Harbor seal, GOA.
Harbor porpoise, GOA.
Dall's porpoise, AK.
Beluga whale, Cook
Inlet.
AK Kuskokwim, Yukon, Norton 1,922 Harbor porpoise,
Sound, Kotzebue salmon Bering Sea.
gillnet.
AK miscellaneous finfish 3 Steller sea lion,
set gillnet. Western U.S.
AK Prince William Sound 30 Steller sea lion,
salmon set gillnet. Western U.S.
Harbor seal, GOA.
AK roe herring and food/ 2,034 None documented.
bait 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 24 Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty Tribal fishing).
WA, OR herring, smelt, 913 None documented.
shad, sturgeon, bottom
fish, mullet, perch,
rockfish gillnet.
WA, OR lower Columbia River 110 California sea lion,
(includes tributaries) U.S.
drift gillnet. Harbor seal, OR/WA
coast.
WA Willapa Bay drift 82 Harbor seal, OR/WA
gillnet. 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 2 None documented.
seine.
AK roe herring and food/ 8 None documented.
bait herring beach seine.
AK roe herring and food/ 624 None documented.
bait 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).
CA herring purse seine..... 100 California sea lion,
U.S.
Harbor seal, CA.
CA sardine purse seine..... 120 None documented.
HI opelu/akule net......... 16 None documented.
HI purse seine............. 18 None documented.
HI throw net, cast net..... 47 None documented.
WA (all species) beach 235 None documented.
seine or drag seine.
WA, OR herring, smelt, 130 None documented.
squid 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.

[[Page 41736]]

WA, OR salmon net pens..... 14 California sea lion,
U.S.
Harbor seal, WA inland
waters.
TROLL FISHERIES:
AK North Pacific halibut, 1,530 None documented.
AK 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 50 None documented.
Northern 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 148 Northern elephant
Islands groundfish seal, CA breeding.
longline/set line Killer whale, Eastern
(federally regulated North Pacific
waters, including resident.
miscellaneous finfish and Killer whale,
sablefish). transient.
Steller sea lion,
Western U.S.
Pacific white-sided
dolphin, North
Pacific.
Dall's porpoise, AK.
Harbor seal, Bering
Sea.
AK Gulf of Alaska 1,030 Steller sea lion,
groundfish longline/set Western U.S.
line (federally regulated Harbor seal, Southeast
waters, including AK.
miscellaneous finfish and Northern elephant
sablefish). seal, CA breeding.
AK halibut longline/set 3,079 Steller sea lion,
line (State and Federal Western U.S.
waters).
AK octopus/squid longline.. 7 None documented.
AK state-managed waters 731 None documented.
groundfish longline/
setline (including
sablefish, rockfish, and
miscellaneous finfish).
HI swordfish, tuna, 140 Humpback whale,
billfish, mahi mahi, Central North
wahoo, oceanic sharks Pacific.
longline/set line. False killer whales,
HI.
Risso's dolphin, HI.
Bottlenose dolphin,
HI.
Spinner dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
WA, OR, CA groundfish, 367 None documented.
bottomfish longline/set
line.
WA, OR North Pacific 350 None documented.
halibut longline/set line.
TRAWL FISHERIES:
AK Bering Sea and Aleutian 157 Steller sea lion,
Islands Groundfish Trawl. Western U.S.
Northern fur seal,
Eastern Pacific.
Killer whale, Eastern
North Pacific
resident.
Killer whale, Eastern
North Pacific
transient.
Pacific white-sided
dolphin, North
Pacific.
Harbor porpoise,
Bering Sea .
Harbor seal, Bering
Sea.
Harbor seal, Gulf of
Alaska.
............... Bearded seal, AK.
Ringed seal, AK.
Spotted seal, AK.
Dall's porpoise, AK.
Ribbon seal, AK.
Northern elephant
seal, CA breeding.
Sea otter, AK.
............... Pacific walrus, AK.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Fin whale, Northeast
Pacific.
AK food/bait herring trawl. 3 None documented.
AK Gulf of Alaska 145 Steller sea lion,
groundfish trawl. Western U.S.
Northern fur seal,
Eastern Pacific.
Harbor seal, GOA.
Dall's porpoise, AK.
Northern elephant
seal, CA breeding.
Fin whale, Northeast
Pacific.
AK miscellaneous finfish 6 None documented.
otter or beam trawl.
AK shrimp otter trawl and 58 None documented.
beam trawl (statewide and
Cook Inlet).

[[Page 41737]]

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.
California sea lion,
U.S.
Harbor seal, OR/WA
coast.
WA, OR, CA shrimp trawl.... 300 None documented.
POT, RING NET, AND TRAP
FISHERIES:
AK Bering Sea, Gulf of 314 Harbor seal, GOA.
Alaska finfish pot. Harbor seal, Bering
Sea.
Sea otter, AK.
AK crustacean pot.......... 1,852 Harbor porpoise,
Southeast AK.
Humpback whale,
Central North
Pacific.
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 <50 None documented.
Northern 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 228 None documented.
harpoon.
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 108 None documented.
scallop dredge. (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:

[[Page 41738]]

AK, WA, OR, CA commercial 7,00 None documented.
passenger fishing vessel. 0
(1,107 AK)
HI ``other''............... 114 None documented.
LIVE FINFISH/SHELLFISH 93 None documented.
FISHERIES: CA finfish and
shellfish 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
------------------------------------------------------------------------
Marine mammal species
Estimated and stocks
Fishery Description of incidentally killed/
vessels/persons injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES:
Mid-Atlantic coastal....... 655 Humpback whale, Gulf
of gillnet 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 <200 Humpback whale, WNA.
Ocean, Caribbean, Gulf of Minke whale, Canadian
Mexico large pelagics longline. east coast.
Risso's dolphin, WNA.
Long-finned pilot
whale, WNA.
Short-finned pilot
whale, WNA.
Common dolphin, WNA.
Atlantic spotted
dolphin, WNA.
Pantropical spotted
dolphin, WNA.
............... Striped dolphin, WNA.
Bottlenose dolphin,
WNA offshore.
Bottlenose dolphin,
GMX Outer Continental
Shelf.
Bottlenose dolphin,
GMX Continental Shelf
Edge and Slope.
............... Atlantic spotted
dolphin, Northern
GMX.
Pantropical spotted
dolphin, Northern
GMX.
Risso's dolphin,
Northern GMX.
Harbor porpoise, GME/
BF.
Pygmy sperm whale,
WNA.
TRAP/POT FISHERIES: Northeast/ 13,000 North Atlantic right
Mid-Atlantic American lobster whale, WNA.
trap/pot. Humpback whale, WNA.
Fin whale, WNA.
Minke whale, Canadian
east coast.
Harbor seal, WNA.
TRAWL FISHERIES:

[[Page 41739]]

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,
gillnet. WNA coastal.
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,
shark gillnet. WNA coastal.
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 16,0 Bottlenose dolphin,
00 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,
purse seine. Western GMX coastal.
Bottlenose dolphin,
Northern GMX coastal.
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach 25 Bottlenose dolphin,
seine. WNA coastal.
Harbor porpoise, GME/
BF.
North Carolina long haul 33 Bottlenose dolphin,
seine. WNA coastal.
STOP NET FISHERIES:
North Carolina roe mullet 13 Bottlenose dolphin,
stop net. WNA coastal.
POUND NET FISHERIES: Virginia 187 Bottlenose dolphin,
pound net. WNA coastal.
--------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet.......... 991 Dwarf sperm whale,
WNA.
West Indian manatee,
Antillean.
Chesapeake Bay inshore 45 Harbor porpoise, GME/
gillnet. BF.
Delaware Bay inshore 60 Humpback whale, WNA.
gillnet. 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,
Island), and New York WNA.
Bight (Raritan and Lower Harbor porpoise, GME/
New York Bays) inshore BF.
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
trawl. dolphin, Eastern GMX.
Pantropical spotted
dolphin, Eastern GMX.
Gulf of Mexico mixed 20 None documented.
species trawl.
Mid-Atlantic mixed species 1,00 None documented.
trawl. 0

[[Page 41740]]

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, 18,0 Bottlenose dolphin,
Gulf of Mexico shrimp 00 WNA coastal.
trawl.
U.S. Atlantic monkfish (\1\) Common dolphin, WNA.
trawl.
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/
herring purse seine. BF
Harbor seal, WNA.
Gray seal, WNA.
Gulf of Maine menhaden 50 None documented.
purse seine.
Florida west coast sardine 10 Bottlenose dolphin,
purse seine. Eastern GMX coastal.
Mid-Atlantic menhaden purse 22 Bottlenose dolphin,
seine. WNA coastal.
Humpback whale, WNA.
U.S. Atlantic tuna purse 5 None documented.
seine.
U.S. Mid-Atlantic hand 250 None documented.
seine.
LONGLINE/HOOK-AND-LINE
FISHERIES:
Gulf of Maine tub trawl 46 Harbor seal, WNA.
groundfish bottom longline/ Gray seal, Northwest
hook-and-line. North Atlantic.
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, 5,00 None documented.
Gulf of Mexico, and 0
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 501 None documented.
trap/pot.
Caribbean spiny lobster 197 None documented.
trap/pot.
Florida spiny lobster trap/ 2,145 Bottlenose dolphin,
pot. Eastern GMX coastal.
Gulf of Mexico blue crab 4,113 Bottlenose dolphin,
trap/pot. Western GMX coastal.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin,
GMX Bay, Sound, &
Estuarine.
West Indian manatee,
FL.
Gulf of Mexico mixed (\1\) None documented.
species 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
Atlantic mackerel stop whale, WNA.
seine/weir. Humpback whale, WNA.
Minke whale, Canadian
east coast.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Gray seal, Northwest
North Atlantic.
U.S. Mid-Atlantic crab stop 2,600 None documented.
seine/weir.
U.S. Mid-Atlantic mixed 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.

[[Page 41741]]

DIVE, HAND/MECHANICAL
COLLECTION FISHERIES:
Atlantic Ocean, Gulf of 20,000 None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
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.
------------------------------------------------------------------------
\1\ Unknown.
List of Abbreviations Used in Table 2: FL--Florida; GA--Georgia; GME/BF--
Gulf of Maine/Bay of Fundy; GMX--Gulf of Mexico; NC--North Carolina;
SC--South Carolina; TX--Texas; WNA--Western North Atlantic.

Classification

The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant economic
impact on a substantial number of small entities. No comments were
received regarding the economic impact of this rule. As a result, no
regulatory flexibility analysis was prepared.
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: July 9, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 03-17866 Filed 7-14-03; 8:45 am]
BILLING CODE 3510-22-P