[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36318-36345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15318]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 100216088-0093-01]
RIN 0648-AY69
List of Fisheries for 2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
proposed List of Fisheries (LOF) for 2011, as required by the Marine
Mammal Protection Act (MMPA). The proposed LOF for 2011 reflects new
information on interactions between commercial fisheries and marine
mammals. NMFS must classify 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 classification of a fishery in the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
requirements.
DATES: Comments must be received by August 24, 2010.
ADDRESSES: Send comments by any one of the following methods.
(1) Electronic Submissions: Submit all electronic comments through
the Federal eRulemaking portal: http://www.regulations.gov (follow
instructions for submitting comments).
(2) Mail: Chief, Marine Mammal and Sea Turtle Conservation
Division, Attn: List of Fisheries, Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring, MD 20910.
Comments regarding the burden-hour estimates, or any other aspect
of the collection of information requirements contained in this
proposed rule, should be submitted in writing to Chief, Marine Mammal
and Sea Turtle Conservation Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to David
Rostker, OMB, by fax to 202-395-7285 or by e-mail to [email protected].
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields, if you wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
See SUPPLEMENTARY INFORMATION for a listing of all Regional
Offices.
FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9280;
Laura Engleby, Southeast Region, 727-551-5791; Elizabeth Petras,
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van
Atta, Pacific Islands Region, 808-944-2257. 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:
Availability of Published Materials
Information regarding the LOF and the Marine Mammal Authorization
Program, including registration procedures and forms, current and past
LOFs, observer requirements, and marine mammal injury/mortality
reporting forms and submittal
[[Page 36319]]
procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/lof/ or from any NMFS Regional Office at the addresses
listed below:
NMFS, Northeast Region, 55 Great Republic Drive, Gloucester, MA
01930-2298, Attn: Marcia Hobbs;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Laura Engleby;
NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213, Attn: Charles Villafana;
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Protected Resources Division;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or
NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI 96814-4700, Attn: Lisa Van Atta.
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 classification of a fishery on 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 Marine
Mammal Stock Assessment Reports (SAR) 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 of the MMPA (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 (unless those fisheries
interact with other stock(s) in which total annual mortality and
serious injury is greater than 10 percent of PBR). 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 (i.e., frequent incidental mortality and serious injuries of
marine mammals).
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 (i.e., occasional incidental mortality and serious
injuries of marine mammals).
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 (i.e., a remote likelihood or no known incidental mortality and
serious injuries of marine mammals).
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 proposed rule implementing section 118 of the MMPA (60
FR 45086, August 30, 1995).
Because fisheries are classified 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
classified 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, NMFS will determine whether the incidental serious
injury or mortality is ``frequent,'' ``occasional,'' or ``remote'' 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).
Further, eligible commercial fisheries not specifically identified on
the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species or stocks
incidentally killed or injured in each commercial fishery. To determine
which species or stocks are included as incidentally killed or injured
in a fishery, NMFS annually reviews the information presented in the
current SARs. The SARs are based upon the best available scientific
information and provide the most current and inclusive information on
each stock's PBR level and level of interaction with commercial fishing
operations. NMFS also reviews other sources of new information,
including observer data, stranding data, and fisher self-reports.
In the absence of reliable information on the level of mortality or
injury of a marine mammal stock, or insufficient observer data, NMFS
will determine whether a species or stock should be added to, or
deleted from, the list by considering other factors such as: changes in
gear used, increases or decreases in fishing effort, increases or
decreases in the level of observer coverage, and/or changes in fishery
management that are expected to lead to decreases in interactions with
a given marine mammal stock (such as a fishery management plan (FMP) or
a take reduction plan (TRP)). NMFS will provide case-specific
justification in the LOF for changes to the list of species or stocks
incidentally killed or injured.
[[Page 36320]]
How does NMFS determine the levels of observer coverage in a fishery on
the LOF?
Data obtained from observers and the level of observer coverage are
important tools in estimating the level of marine mammal mortality and
serious injury in commercial fishing operations. The best available
information on the level of observer coverage, and the spatial and
temporal distribution of observed marine mammal interactions, is
presented in the SARs. Starting with the 2005 SARs, each SAR includes
an appendix with detailed descriptions of each Category I and II
fishery in the LOF, including observer coverage. The SARs generally do
not provide detailed information on observer coverage in Category III
fisheries because, under the MMPA, Category III fisheries are not
required to accommodate observers aboard vessels due to the remote
likelihood of mortality and serious injury of marine mammals.
Information presented in the SARs' appendices includes: level of
observer coverage, target species, levels of fishing effort, spatial
and temporal distribution of fishing effort, characteristics of fishing
gear and operations, management and regulations, and interactions with
marine mammals. Copies of the SARs are available on the NMFS Office of
Protected Resources Web site at: http://www.nmfs.noaa.gov/pr/sars/.
Additional information on observer programs in commercial fisheries can
be found on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/st4/nop/.
How do I find out if a specific fishery is in Category I, II, or III?
This proposed rule includes three 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; and
Table 3 lists all U.S.-authorized fisheries on the high seas. A fourth
table, Table 4, lists all fisheries managed under applicable take
reduction plans or teams.
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in
Table 3 of the LOF, along with the number of valid High Seas Fishing
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues
HSFCA permits only for high seas fisheries analyzed in accordance with
the National Environmental Policy Act (NEPA) and the Endangered Species
Act (ESA). The authorized high seas fisheries are broad in scope and
encompass multiple specific fisheries identified by gear type. For the
purposes of the LOF, the high seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to
provide more detail on composition of effort within these fisheries.
Many fisheries operate in both U.S. waters and on the high seas,
creating some overlap between the fisheries listed in Tables 1 and 2
and those in Table 3. In these cases, the high seas component of the
fishery is not considered a separate fishery, but an extension of a
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the
fishery's name. The number of HSFCA permits listed in Table 3 for the
high seas components of these fisheries operating in U.S. waters does
not necessarily represent additional effort that is not accounted for
in Tables 1 and 2. Many vessels/participants holding these permits also
fish within U.S. waters and are included in the number of vessels and
participants operating within those fisheries in Tables 1 and 2.
HSFCA permits are valid for five years, during which time FMPs can
change. Therefore, some vessels/participants may possess valid HSFCA
permits without the ability to fish under the permit because it was
issued for a gear type that is no longer authorized under the most
current FMP. For this reason, the number of HSFCA permits displayed in
Table 3 is likely higher than the actual U.S. fishing effort on the
high seas. For more information on how NMFS classifies high seas
fisheries on the LOF, see the preamble text in the final 2009 LOF (73
FR 73032; December 1, 2008).
Where can I find specific information on fisheries listed on the LOF?
NMFS developed summary documents for each Category I and II fishery
on the LOF. These summaries include the full history of each Category I
and II fishery, including: When the fishery was added to the LOF, the
basis for the fishery's initial classification, classification changes
to the fishery, changes to the list of species or stocks incidentally
killed or injured in the fishery, fishery gear and methods used,
observer coverage levels, regulations managing the fishery, applicable
take reduction teams or plans, if any. These summaries are updated
after each final LOF. The summaries can be found under ``How Do I Find
Out if a Specific Fishery is in Category I, II, or III?'' on the NMFS
Office of Protected Resources Web site: http://www.nmfs.noaa.gov/pr/interactions/lof/.
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 to lawfully take non-endangered and non-threatened marine
mammals incidental to commercial fishing. 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?
NMFS has integrated the MMPA registration process, the Marine
Mammal Authorization Program (MMAP), with existing state and Federal
fishery license, registration, or permit systems for Category I and II
fisheries on the LOF. Participants in these fisheries are automatically
registered under the MMAP and are not required to submit registration
or renewal materials directly under the MMAP. In the Pacific Islands,
Southwest, Northwest, and Alaska regions, NMFS will issue vessel or
gear owners an authorization certificate; in the Northeast and
Southeast Regions, NMFS will issue vessel or gear owners notification
of registry and directions on obtaining an authorization certificate.
The authorization certificate, or a copy, must be on board the vessel
while it is operating in a Category I or II fishery, or for non-vessel
fisheries, in the possession of the person in charge of the fishing
operation (50 CFR 229.4(e)). Although efforts are made to limit the
issuance of authorization certificates to only those vessel or gear
owners that participate in Category I or II fisheries, not all state
and Federal permit systems distinguish between fisheries as classified
by the LOF. Therefore, some vessel or gear owners in Category III
fisheries may receive authorization certificates even though they are
not required for Category III fisheries. Individuals fishing in
Category I and II fisheries for which no state or Federal permit is
required must register with NMFS by contacting their appropriate
Regional Office (see ADDRESSES).
How do I receive my authorization certificate and injury/mortality
reporting forms?
All vessel or gear owners that participate in Pacific Islands,
Southwest, Northwest, or Alaska regional fisheries will receive their
[[Page 36321]]
authorization certificates and/or injury/mortality reporting forms via
U.S. mail, or with their State or Federal license at the time of
renewal. Vessel or gear owners participating in the Northeast and
Southeast Regional Integrated Registration Program will receive their
authorization certificates and/or injury/mortality reporting forms as
follows:
1. Northeast Region vessel or gear owners participating in Category
I or II fisheries for which a state or Federal permit is required may
receive their authorization certificate and/or injury/mortality
reporting form by contacting the Northeast Regional Office at 978-281-
9328 or by visiting the Northeast Regional Office Web site (http://www.nero.noaa.gov/prot_res/mmap/certificate.html) and following the
instructions for printing the necessary documents.
2. Southeast Region vessel or gear owners participating in Category
I or II fisheries for which a Federal permit is required, as well as
fisheries permitted by the states of North Carolina, South Carolina,
Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas will
receive notice of registry and may receive their authorization
certificate and/or injury/mortality reporting form by contacting the
Southeast Regional Office at 727-551-5758 or by visiting the Southeast
Regional Office Web site (http://sero.nmfs.noaa.gov/pr/pr.htm) and
following the instructions for printing the necessary documents.
How do I renew my registration under the MMPA?
The registrations of vessel or gear owners that participate in
Pacific Islands, Southwest, or Alaska regional fisheries are
automatically renewed and participants should receive an authorization
certificate by January 1 of each new year. Vessel or gear owners in
Northwest regional fisheries receive authorization with each renewed
State fishing license, the timing of which varies based on target
species. Vessel or gear owners who participate in these regions and
have not received authorization certificates by January 1 or with
renewed fishing licenses must contact the appropriate NMFS Regional
Office (see ADDRESSES).
Vessel or gear owners participating in Southeast or Northeast
regional fisheries may receive an authorization certificate by calling
the relevant NMFS Regional Office or visiting the relevant NMFS
Regional Office Web site (see How Do I Receive My Authorization
Certificate and Injury/Mortality Reporting Forms?).
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 gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental injuries and mortalities of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II or III) within 48
hours of the end of the fishing trip. ``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. Injury/mortality reporting forms and
instructions for submitting forms to NMFS can be downloaded from:
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf. Reporting requirements and procedures can be found in 50 CFR
229.6.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are
required to accommodate an observer aboard their vessel(s) upon request
from NMFS. MMPA section 118 states that an observer will not be placed
on a vessel if the facilities for quartering an observer or performing
observer functions are inadequate or unsafe, thereby exempting vessels
too small to accommodate an observer from this requirement. However,
observer requirements will not be exempted, regardless of vessel size,
for U.S. Atlantic Ocean, Caribbean, and Gulf of Mexico large pelagic
longline vessels operating in special areas designated by the Pelagic
Longline Take Reduction Plan implementing regulations (50 CFR
229.36(d)). Observer requirements can be found in 50 CFR 229.7.
Am I required to comply with any take reduction plan regulations?
Table 4 in this proposed rule provides a list of fisheries affected
by take reduction teams and plans. Take reduction plan regulations can
be found at 50 CFR 229.30 through 229.36.
Sources of Information Reviewed for the Proposed 2011 LOF
NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the SARs for all observed fisheries
to determine whether changes in fishery classification were warranted.
The SARs are based on the best scientific information available at the
time of preparation, including the level of serious injury and
mortality of marine mammals that occurs incidental to commercial
fisheries and the PBR levels of 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 Caribbean. The SRGs were created by
the MMPA to review the science that informs the SARs, and to advise
NMFS on marine mammal population status, trends, and stock structure,
uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding data, observer program data, fisher self-
reports, FMPs, and ESA documents.
The proposed LOF for 2011 was based, among other things, on
information provided in the NEPA and ESA documents analyzing authorized
high seas fisheries, the final SARs for 1996 (63 FR 60, January 2,
1998), 2001 (67 FR 10671, March 8, 2002), 2002 (68 FR 17920, April 14,
2003), 2003 (69 FR 54262, September 8, 2004), 2004 (70 FR 35397, June
20, 2005), 2005 (71 FR 26340, May 4, 2006), 2006 (72 FR 12774, March
19, 2007), 2007 (73 FR 21111, April 18, 2008), 2008 (74 FR 19530, April
29, 2009), 2009 (75 FR 12498, March 16, 2010), and the draft SARs for
2010 (which will be available for review and comment later during the
public comment period for this proposed 2011 LOF). The SARs are
available at: http://www.nmfs.noaa.gov/pr/sars/.
Fishery Descriptions
Beginning with the final 2008 LOF (72 FR 66048, November 27, 2007),
NMFS describes each Category I and II fishery on the LOF. Below, NMFS
describes the fisheries classified as Category I or II on the 2011 LOF
that were not classified as such on a previous LOF (and therefore have
not yet been defined on the LOF). Additional details for Category I and
II fisheries operating in U.S. waters are included in the SARs, FMPs,
and TRPs, through state agencies, or through the fishery summaries
available at: http://www.nmfs.noaa.gov/pr/
[[Page 36322]]
interactions/lof/. Additional details for Category I and II fisheries
operating on the high seas are included in various FMPs, NEPA, or ESA
documents.
WA Coastal Dungeness Crab Pot/Trap Fishery
Washington's coastal commercial crab grounds extend from the
Columbia River estuary to Cape Flattery, including Grays Harbor and
Willapa Bay. The coastal crab fishery is a limited entry fishery with
228 license holders, of which approximately 200 are active annually.
Each coastal crab license is assigned a maximum pot limit of either 300
or 500 pots. Pots are fished individually and must be marked with an
identification number. Surface marker buoys must also be tagged for
identification. The fishery opens on or about December 1 when the
majority of male crabs have recovered from the fall molt and shell
condition has hardened. The season runs through September 15. In 1997
Congress granted Washington, Oregon and California jurisdiction to
manage Dungeness crab fisheries outside of state waters to the 200 mile
limit of the U.S. EEZ. Under Washington State regulations, pots can be
no larger than 13 cubic feet and must be equipped with specified escape
rings for undersize crab and a biodegradable release mechanism to allow
crabs to escape from pots that become separated from the buoy or have
otherwise become lost. There is a summer FMP, which is part of the
larger Washington Coastal Dungeness Crab FMP, in place to protect crabs
that enter the molt prior to the September 15 season ending date. This
summer FMP allows for in-season closures of the fishery if the
percentage of early molting crab reaches a certain level.
Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl Fishery
The ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl''
fishery (proposed to be elevated to Category II in this proposed rule)
is a pelagic or bottom trawl fishery operating virtually year-round in
the Atlantic Ocean from North Carolina through Florida, and in the Gulf
of Mexico from Florida through Texas. Effort occurs in estuarine, near
shore coastal waters, and along the continental slope of the Atlantic
and estuarine, near shore coastal, and offshore continental shelf and
slope waters in the Gulf of Mexico. The fishery targets brown, pink and
white shrimp within estuaries, and near coastal and offshore regions;
and targets Royal Red shrimp along the deep continental slope.
Commercial shrimp vessels most commonly employ a double-rig otter
trawl, which normally includes a lazy line attached to each bag's
codend. The lazy line floats free during active trawling, and as the
net is hauled back, it is retrieved with a boat- or grappling-hook to
assist in guiding and emptying the trawl nets. Shrimp trawl soak time
is about three hours; the fishery typically operates from sunset to
sunrise when shrimp are most likely to swim higher in the water column.
Although shrimp trawlers are required under ESA regulations to use
turtle excluder devices to reduce sea turtle bycatch (50 CFR 223.206),
the fishery currently does not use any method or gear modification to
deter, or reduce bycatch of, marine mammals. 2009 data indicate there
are approximately 4,950 shrimp trawl vessels operating in the Southeast
Atlantic and Gulf of Mexico with an estimated 76,884 vessel trips.
Summary of Changes to the LOF for 2011
The following summarizes changes to the LOF for 2011 in fishery
classification, fisheries listed in the LOF, the estimated number of
vessels/participants in a particular fishery, and the species/stocks
that are incidentally killed or injured in a particular fishery. The
classifications and definitions of U.S. commercial fisheries for 2011
are identical to those provided in the LOF for 2010 with the proposed
changes discussed below. State and regional abbreviations used in the
following paragraphs include: AK (Alaska), CA (California), FL
(Florida), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), MD
(Maryland), ME (Maine), NC (North Carolina), NJ (New Jersey), NY (New
York), OR (Oregon), SC (South Carolina), VA (Virginia), WA
(Washington), and WNA (Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Fishery Classification
WA Coastal Dungeness Crab Pot/Trap Fishery
NMFS proposes to elevate the ``WA coastal Dungeness crab pot/trap''
fishery (proposed to be split from the Category III ``WA Dungeness crab
pot'' fishery and renamed the ``WA coastal Dungeness crab pot/trap''
fishery in this proposed rule) from Category III to Category II based
on the serious injury of a humpback whale (CA/OR/WA stock) entangled in
Dungeness crab pot/trap gear in WA state waters in 2008 (draft 2010
SAR). The estimated annual mortality and serious injury of humpback
whales (CA/OR/WA stock) due to interactions with all fisheries (Tier 1
analysis) is approximately 3.6 animals/year, which exceeds 10 percent
of the stock's PBR level of 11.3 (draft 2010 SAR). The single serious
injury in the ``WA coastal Dungeness crab pot/trap'' fishery in 2008
(Tier 2 analysis) results in an average mortality and serious injury
rate of 0.2 humpback whales per year (when averaged over the latest
five year data period), or 1.7 percent of PBR, meeting the criteria for
a Category II classification. There have been no reported humpback
whale entanglements in crab fisheries in the inland waters of WA. There
is no observer coverage in this fishery.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery
NMFS proposes to reclassify the ``CA/OR thresher shark/swordfish
drift gillnet'' fishery from Category I to Category III. NMFS observed
this fishery from 2004 through 2008 at coverage levels ranging from
13.5 percent to 20.9 percent. There have been no observed serious
injury or mortality of any marine mammal stock for which the average
total fishery mortality and serious injury exceeds 10 percent of the
stock's PBR (draft 2010 SARs). This fishery was classified as Category
I based on the level of serious injury and mortality of short-finned
pilot whales (CA/OR/WA stock) in this fishery exceeding the stock's PBR
level. However, a short-finned pilot whale has not been observed killed
or injured in this fishery in the most recent five years of data (2004-
2008), indicating that the serious injury or mortality of short-finned
pilot whales is now zero (draft 2010 SAR). NMFS will continue to
observe this fishery under authority of the Highly Migratory Species
FMP (50 CFR 660.719) and monitor levels of marine mammal mortality and
serious injury in this fishery. Further, all Pacific Offshore Cetacean
Take Reduction Plan measures (50 CFR 229.31) continue to apply to this
fishery.
CA Anchovy, Mackerel, Sardine Purse Seine Fishery
NMFS proposes to reclassify the ``CA anchovy, mackerel, sardine
purse seine'' fishery from Category II to Category III. This fishery
was classified as Category II based on the serious injury or mortality
of bottlenose dolphins (CA/OR/WA offshore stock) reported in logbooks
from the early 1990s. Since that time there have been no reports of
interactions with bottlenose dolphins, and there is no other available
information to suggest that this fishery is causing serious injury or
mortality of bottlenose dolphins. The serious injury or mortality
caused by this fishery to
[[Page 36323]]
other marine mammal stocks is less than 1 percent of each stock's PBR
(draft 2010 SAR), thus NMFS is proposing that this fishery be placed in
Category III. Observer coverage in this fishery has been limited, with
observer coverage in 2008 at less than 1 percent.
CA Squid Purse Seine Fishery
NMFS proposes to reclassify the ``CA squid purse seine'' fishery
from Category II to Category III. This fishery was classified as
Category II due to the serious injury or mortality of long-beaked
common dolphins (CA stock). The draft 2010 SAR for long-beaked common
dolphin (CA stock) indicates that the average total fishery mortality
and serious injury for this stock is below 10 percent of its PBR (Tier
1 analysis) and is considered insignificant and approaching a zero
mortality and serious injury rate, meeting the criteria for a Category
III classification. Long-beaked common dolphins and short-beaked common
dolphins are the only marine mammals that have been observed seriously
injured or killed in this fishery. Observer coverage is this fishery is
low, at less than 2 percent from 2004-2007.
CA Tuna Purse Seine Fishery
NMFS proposes to reclassify the ``CA tuna purse seine'' fishery
from Category II to Category III. The ``CA tuna purse seine'' fishery
was classified as Category II by analogy to the Category II ``CA squid
purse seine'' fishery. Since NMFS is proposing to reclassify the ``CA
squid purse seine'' fishery to Category III in this proposed rule, NMFS
also proposes to reclassify the ``CA tuna purse seine'' fishery.
Observer coverage in this fishery is low, at less than 2 percent from
2004-2007.
Addition of Fisheries
NMFS proposes to add the ``HI kaka line'' fishery to the LOF as
Category III. This fishery is managed by the State of HI, and includes
fishing effort with gear consisting of a mainline less than one
nautical mile in length to which multiple branchlines with baited hooks
are attached. The mainline is set horizontally. Target species include
various nearshore and pelagic species. While this fishery has gear that
may be analogous to the Category II ``HI shortline'' fishery, the gear
is fixed on or near the bottom, or in shallow midwater. There are no
known incidental mortalities or serious injuries of marine mammals in
this fishery, and there is a remote likelihood of marine mammal
interactions, warranting a Category III classification. This fishery is
not currently observed.
NMFS proposes to add the ``HI vertical longline'' fishery to the
LOF as Category III. This fishery is managed by the State of HI. The
fishery is prosecuted using a vertical mainline less than one nautical
mile in length, suspended from the surface with a float, from which
leaders with baited hooks are attached, and ending with a terminal
weight. Target species include various pelagic fish species. There are
no known incidental mortalities or serious injuries of marine mammals
in this fishery, and there is a remote likelihood of marine mammal
interactions, warranting a Category III classification. In 2009, there
were 18 state licensees landing catches in this fishery. This fishery
is not currently observed.
NMFS proposes to add the ``HI crab net'' fishery to the LOF as
Category III. This fishery is managed by the State of HI. This fishery
is prosecuted using ring nets set manually from the shoreline, mainly
in estuarine areas, to catch various crab species. The nets are used
singly, and are not connected with a ground line. There are no known
incidental mortalities or serious injuries of marine mammals in this
fishery, and there is a remote likelihood of marine mammal
interactions, warranting a Category III classification. In 2009, there
were 8 state licensees landing catches in this fishery. This fishery is
not currently observed.
NMFS proposes to add the ``HI hukilau net'' fishery to the LOF as
Category III. This is a beach seine fishery managed by the State of HI.
Target species include inshore and reef fish. There are no known
incidental mortalities or serious injuries of marine mammals in this
fishery, and there is a remote likelihood of marine mammal
interactions, warranting a Category III classification. In 2009, there
were 36 state licensees landing catches in this fishery. This fishery
is not currently observed.
NMFS proposes to add the ``HI lobster tangle net'' fishery to the
LOF as Category III. This fishery is managed by the State of HI. This
fishery is prosecuted using large mesh net to entangle spiny and
slipper lobsters. There are no known incidental mortalities or serious
injuries of marine mammals in this fishery, and there is a remote
likelihood of marine mammal interactions, warranting a Category III
classification. In 2009, there were 2 state licensees landing catches
in this fishery. This fishery is not currently observed.
NMFS proposes to add the ``HI bullpen trap'' fishery to the LOF as
Category III. This fishery is managed by the State of HI, and includes
fishing with a net(s) fixed in position to form a large stationary
enclosure. There are no known incidental mortalities or serious
injuries of marine mammals in this fishery, and there is a remote
likelihood of marine mammal interactions, warranting a Category III
classification. In 2009, there were 4 state licensees landing catches
in this fishery. This fishery is not currently observed.
NMFS proposes to add the ``WA Puget Sound Dungeness crab pot/trap''
fishery to the LOF as Category III (proposed to be split from the
Category III ``WA Dungeness crab pot'' fishery in this proposed rule,
with the coastal fishery proposed for Category II). This fishery is
managed by the State of WA, and includes effort in inland marine waters
south of the U.S./Canada border and east to Cape Flattery. There are no
known incidental mortalities or serious injuries of marine mammals in
this fishery, warranting a Category III classification. The Puget Sound
crab fishery is a limited entry fishery with 249 permits. In 2009, the
249 permits were owned by 150 individuals. This fishery is not
currently observed.
Fishery Name and Organizational Changes and Clarifications
NMFS proposes to change the name of the Category III ``HI squiding,
spear'' fishery to the ``HI spearfishing'' fishery to reflect the
multiple target species of spearfishing.
NMFS proposes to change the name of the Category III ``HI Main
Hawaiian Islands, Northwestern Hawaiian Islands deep sea bottomfish''
fishery to the ``HI Main Hawaiian Islands deep-sea bottomfish
handline'' fishery. The fishery in the Northwest Hawaiian Islands was
closed at the end of 2009 and the addition of ``handline'' to the name
clarifies the gear type used in the fishery.
NMFS proposes to move the Category III ``HI Kona crab loop net''
fishery from the ``Purse Seine, Beach Seine, Round Haul, and Throw Net
Fisheries'' heading in Table 1 to the ``Pot, Ring Net, and Trap
Fisheries'' heading to more accurately describe the gear type used in
this fishery. This fishery uses fine-stranded netting stretched over a
round or square metal frame to form a flat net. Multiple nets are
attached to a mainline, set on sandy bottoms like a string of traps,
and used to entangle crabs in the mesh.
NMFS proposes to add ``Tangle Net'' to the name of the Category III
``Purse Seine, Beach Seine, Round Haul and Throw Net Fisheries''
heading in Table 1, to include the ``HI lobster tangle net'' fishery
(proposed to be added to the LOF as Category III in this proposed
rule).
[[Page 36324]]
NMFS proposes to split the Category III ``WA Dungeness crab pot''
fishery into two separate fisheries: the Category II ``WA coastal
Dungeness crab pot/trap'' fishery (see above under ``Fishery
Classifications'' for more details) and the Category III ``WA Puget
Sound Dungeness crab pot/trap'' fishery (see above under ``Fishery
Additions'' for more details).
NMFS proposes to add a superscript ``\2\'' after the Category II
``CA yellowtail, barracuda, and white seabass drift gillnet (mesh >=3.5
in and <14 in)'' fishery in Table 1 to denote that this fishery is
classified by analogy to the Category II ``CA halibut/white seabass and
other species set gillnet (>=3.5 in mesh)'' fishery. The ``CA halibut/
white seabass and other species set gillnet (>3.5 in mesh)'' fishery is
classified as Category II based on the entanglement and serious injury
of a humpback whale in 2008. The ``CA yellowtail, barracuda, and white
seabass drift gillnet (mesh >=3.5 in and <14 in)'' fishery operates in
similar areas and similar seasons with the ``CA halibut/white seabass
and other species set gillnet (>=3.5 in mesh)'' fishery, thus it is
reasonable that either fishery may cause serious injury or mortality of
humpback whales.
Number of Vessels/Persons
NMFS proposes to update the estimated number of persons/vessels in
the ``CA/OR thresher shark/swordfish drift gillnet'' fishery (proposed
to be reclassified as Category III in this proposed rule) from 85 to
45.
NMFS proposes to update the estimated number of persons/vessels in
the Category II ``CA halibut/white seabass and other species set
gillnet'' fishery from 58 to 50.
NMFS proposes to update the estimated number of persons/vessels in
the Category II ``CA yellowtail, barracuda, and white seabass drift
gillnet'' fishery from 24 to 30.
NMFS proposes to update the estimated number of persons/vessels in
the ``CA squid purse seine'' fishery (proposed to be reclassified as
Category III in this proposed rule) from 64 to 65.
NMFS proposes to update the estimated number of persons/vessels in
the Category II ``CA spot prawn pot'' fishery from 29 to 27.
NMFS proposes to update the estimated number of persons/vessels in
the Category II ``CA Dungeness crab pot'' fishery from 625 to 534.
NMFS proposes to update the estimated number of persons/vessels in
the Category II ``CA/OR/WA sablefish pot'' fishery from 155 to 309.
NMFS proposes to update the estimated number of persons/vessels in
the Category III ``CA anchovy, mackerel, sardine purse seine'' fishery
from 63 to 65.
NMFS proposes to update the estimated number of persons/vessels in
the following HI fisheries to reflect the number of licensees reporting
landings in 2009. Category I: ``HI deep-set (tuna target) longline/set
line'' from 129 to 127. Category II: ``HI shortline'' from 11 to 21.
Category III: ``HI inshore gillnet'' from 5 to 39; ``HI Kona crab loop
net'' from 42 to 41; ``HI opelu/akule net'' from 12 to 20; ``HI inshore
purse seine'' from 23 to 8; ``HI throw net, cast net'' from 14 to 28;
``HI trolling, rod and reel'' from 1,321 to 2,210; ``HI crab trap''
from 22 to 9; ``HI fish trap'' from 19 to 11; ``HI lobster trap'' from
0 to 3; ``HI shrimp trap'' from 5 to 1; ``HI aku boat, pole, and line''
from 4 to 6; ``HI inshore handline'' from 307 to 460; ``HI tuna
handline'' from 298 to 531; ``HI handpick'' from 37 to 53; ``HI lobster
diving'' from 19 to 36; ``HI spearfishing'' (proposed name change in
this proposed rule) from 91 to 163; and ``HI Main Hawaiian Islands
deep-sea bottomfish handline'' (proposed name change in this proposed
rule) from 300 to 580.
List of Species or Stocks Incidentally Killed or Injured
NMFS proposes to add humpback whale (CA/OR/WA stock) to the list of
species/stocks incidentally killed or injured in the ``WA coastal
Dungeness crab pot/trap'' fishery (proposed to be elevated to Category
II in this proposed rule). NMFS further proposes to include a
superscript ``\1\'' following the humpback whale (CA/OR/WA stock) in
Table 1, indicating that this stock is driving the classification of
the fishery. A humpback whale (CA/OR/WA stock) was entangled and
seriously injured in Dungeness crab pot/trap gear in WA state waters in
2008 (draft 2010 SAR). The single serious injury results in an average
mortality and serious injury rate of 0.2 humpback whales per year (when
averaged over the latest 5 year data period), or 1.7 percent of the
stock's PBR of 11.3 (draft 2010 SAR).
NMFS proposes to remove short finned pilot whales (CA/OR/WA stock)
from the list of species/stocks incidentally killed or injured in the
``CA/OR thresher shark/swordfish drift gillnet'' fishery (proposed to
be reclassified as Category II in this proposed rule). This fishery has
been observed at approximately 20 percent for the period 2004-2008
(approximately 13.5 percent in 2008) and during that period there were
no observed interactions with short-finned pilot whales.
NMFS proposes to remove bottlenose dolphin (CA/OR/WA offshore
stock) from the list of species/stocks incidentally killed or injured
in the ``CA anchovy, mackerel, sardine purse seine'' fishery (proposed
to be reclassified as Category III in this proposed rule). The
information on the serious injury or mortality of bottlenose dolphins
in this fishery was based upon logbooks from the early 1990s. Since
that time there have been no reports of bottlenose dolphin interactions
in this fishery (draft 2010 SAR) and there is no other available
information to suggest that this fishery is causing serious injury or
mortality of bottlenose dolphins. Observer coverage in this fishery has
been limited, with less than 1 percent observer coverage in 2008.
NMFS proposes to remove Risso's dolphin (CA/OR/WA stock) from the
list of species/stocks incidentally killed or injured in the Category
III ``CA pelagic longline'' fishery. There have been no interactions in
the latest 5 years of data (draft 2010 SAR). The last observed
entanglement of a marine mammal in this fishery occurred in 2003.
Observer coverage in this fishery ranged from 12 to 50 percent from
2003-2005, and was 100 percent from 2006-2008.
NMFS proposes to add humpback whale (CA/OR/WA stock) to the list of
species/stocks incidentally killed or injured in the Category II ``CA
halibut/white seabass and other species set gillnet (>3.5 in mesh)''
fishery. In the 2010 proposed LOF (74 FR 27739; June 11, 2009), NMFS
requested public comment and/or information on two reports to the Large
Whale Disentanglement Program of a humpback whale entangled in, and
seriously injured by, pink monofilament gillnet gear (May 10, 2007,
offshore of Dana Point, CA, and seen later the same day off Palos
Verdes, CA). NMFS has since received additional information regarding
this entangled humpback whale. Based upon the area of the entanglement
and the type of gear on the whale, NMFS considers it most likely that
the gear involved in this entanglement was from the ``CA halibut/white
seabass and other species set gillnet (>3.5 in mesh)'' fishery. One
serious injury or mortality of a humpback whale (CA/OR/WA stock) would
result in an annual mortality and serious injury rate of 0.2 animals
per year (when averaged over five years) or 1.7 percent of the stock's
PBR of 11.3 (draft 2010 SAR), which is consistent with a Category II
classification. NMFS also proposes adding a superscript ``\1\'' after
humpback whale (CA/OR/WA stock), indicating that this stock is driving
the Category II classification of
[[Page 36325]]
the fishery. NMFS is requesting comments on this proposed change to the
list of species/stocks incidentally killed or injured in this fishery.
This proposed action does not change the Category II classification of
the fishery. Observer coverage in this fishery was approximately 1
percent in 2006 and 17 percent in 2007. There was no observer coverage
in 2004, 2005, or 2008.
NMFS proposes to remove the superscript ``\1\'' after CA sea lions
(U.S. stock) and harbor seals (CA stock) in the list of species/stocks
incidentally killed or injured in the Category II ``CA halibut/white
seabass and other species set gillnet (>3.5 in mesh)'' fishery. These
stocks are not driving the Category II classification of this fishery.
There have been observed interactions with these stocks in this fishery
in recent years; however, the average total fishery mortality and
serious injury is less than 10 percent of the respective PBR for both
stocks (Tier 1 analysis) (draft 2010 SAR). There was no observer
coverage in this fishery in 2008.
NMFS proposes to remove the superscript ``\2\'' after the Category
II ``CA Dungeness crab pot'' fishery in Table 1 (indicating the fishery
is classified as Category II based on analogy to other Category II crab
pot fisheries), and add a superscript ``\1\'' after humpback whale (CA/
OR/WA stock) in the list of species/stocks incidentally killed or
injured in this fishery (indicating that serious injury or mortality of
this stock in this fishery is driving the Category II classification of
this fishery). In 2008, NMFS received two reports of humpback whales
entangled in, and seriously injured by, pot/trap fishing gear off the
coast of California. NMFS determined that one humpback whale was
entangled and seriously injured in ``CA Dungeness crab pot'' fishery
gear off of Moss Landing. One serious injury or mortality of a humpback
whale (CA/OR/WA stock) results in an annual mortality and serious
injury rate of 0.2 animals per year (when averaged over five years) or
1.7 percent of the stock's PBR of 11.3 (draft 2010 SAR), which is
consistent with a Category II classification. Therefore, this fishery
should be classified based upon the level of serious injury or
mortality of humpback whales (CA/OR/WA) rather than by analogy. The
second humpback whale was reported entangled on August 5, 2008, in
unidentified pot/trap gear in the Santa Barbara Channel. NMFS is
requesting information from the public on which fishery may have been
involved in this entanglement. This fishery is not currently observed.
NMFS proposes to add false killer whale (Palmyra Atoll stock) to
the list of marine mammal stocks incidentally injured or killed in the
Category I ``HI deep-set (tuna target) longline/set line'' fishery. One
false killer whale was seriously injured in this fishery inside the
Palmyra Atoll EEZ in 2007, resulting in an average mortality and
serious injury rate of 0.3 whales per year for the period 2004-2008, or
4.7 percent of the stock's PBR of 6.4 (draft 2010 SAR). Observer
coverage for this fishery from 2004-2008 ranged from 20 to 28 percent
(draft 2010 SAR).
NMFS proposes to add false killer whale (HI Insular stock) to the
list of marine mammal stocks incidentally injured or killed in the
Category I ``HI deep-set (tuna target) longline/set line'' fishery. One
false killer whale was non-seriously injured within the range of the HI
Insular stock from 2004-2008. Based on the pro-rating method used by
the NMFS Southwest and Pacific Islands Fisheries Science Centers to
estimate takes using the proportions of observed interactions that
resulted in death, serious injury, or non-serious injury, this non-
serious injury results in an average mortality and serious injury rate
of 0.6 whales per year for the period 2004-2008, or 98.3 percent of the
stock's PBR of 0.61 (see the draft 2010 SAR for additional information
on the pro-rating method used by the NMFS Southwest and Pacific Islands
Fisheries Science Centers). NMFS further proposes to include a
superscript ``\1\'' following the false killer whale (HI Insular stock)
in Table 1, indicating that this stock is driving the classification of
the fishery. Observer coverage for this fishery from 2004-2008 ranged
from 20 to 28 percent (draft 2010 SAR).
NMFS proposes to change the stock of bottlenose dolphin injured or
killed in the Category I ``HI deep-set (tuna target) longline/set
line'' fishery from ``HI stock'' to ``HI Pelagic stock.'' The
bottlenose dolphin stock structure was revised for the draft 2010 SAR,
and the stock that interacts with the deep-set longline fishery is now
the HI Pelagic stock (draft 2010 SAR). One bottlenose dolphin was
seriously injured in this fishery in 2006 inside the Hawaiian Islands
EEZ, resulting in an average mortality and serious injury rate of 0.2
bottlenose dolphins per year, or 1.1 percent of the stock's PBR of 18
(draft 2010 SAR). Observer coverage for this fishery from 2004-2008
ranged from 20 to 28 percent (draft 2010 SAR).
NMFS proposes to change the stock of pantropical spotted dolphin
injured or killed in the Category I ``HI deep-set (tuna target)
longline/set line'' fishery from ``stock unknown'' to ``HI stock.'' One
pantropical spotted dolphin was killed in this fishery on the high seas
in 2008, resulting in an average mortality and serious injury rate of
0.6 pantropical spotted dolphins per year for the period 2004-2008
(draft 2010 SAR). The draft 2010 SAR clarifies that the HI stock
includes animals found both within the Hawaiian Islands EEZ and in
adjacent international waters; however, following the NMFS Guidelines
for Assessing Marine Mammal Stocks (NMFS 2005), the PBR is calculated
only for the portion of the stock occurring within the Hawaiian Islands
EEZ. Therefore, the serious injury of this animal cannot be compared to
the PBR of this stock. Observer coverage for this fishery during this
time period ranged from 20 to 28 percent (draft 2010 SAR).
NMFS proposes to remove the superscript ``\1\'' after humpback
whale (Central North Pacific stock) in the Category II ``HI shallow-set
(swordfish target) longline/set line'' fishery because serious injury
or mortality of this stock is no longer driving the Category II
classification of this fishery. There was one serious injury and one
non-serious injury of humpback whales observed in this fishery from
2004-2008, with 100 percent observer coverage. The one serious injury
results in an average serious injury and mortality rate of 0.2 humpback
whales per year, or 0.33 percent of the stock's PBR of 61.2 (draft 2010
SAR). This is less than one percent of the stock's PBR: Therefore,
serious injury and mortality of this stock is no longer driving the
Category II classification of this fishery.
NMFS proposes to change the stock of bottlenose dolphin injured or
killed in the Category II ``HI shallow-set (swordfish target) longline/
set line'' fishery from ``stock unknown'' to ``HI Pelagic stock.'' The
bottlenose dolphin stock structure has been revised for the draft 2010
SAR, and the stock that interacts with the shallow-set longline fishery
is now the HI Pelagic stock (draft 2010 SAR). The draft 2010 SAR also
clarifies that this stock includes animals found both within the
Hawaiian Islands EEZ and in adjacent international waters.
NMFS proposes to add a superscript ``\1\'' after bottlenose dolphin
(HI Pelagic stock) in the Category II ``HI shallow-set (swordfish
target) longline/set line'' fishery, indicating that serious injury or
mortality of this stock is driving the Category II classification of
this fishery. From 2004-2008, three serious injuries of this stock were
documented outside of U.S. EEZs with 100 percent observer coverage,
resulting in an average serious injury and mortality rate of 0.6
bottlenose dolphins per year. During the same time period, one
bottlenose
[[Page 36326]]
dolphin was observed seriously injured within the Hawaiian Islands EEZ
with 100 percent observer coverage, resulting in an average serious
injury and mortality rate of 0.2 bottlenose dolphins per year, or 1.1
percent of the stock's PBR of 18 (draft 2010 SAR). Additionally, there
are documented mortalities and serious injuries of other marine mammal
stocks by the ``HI shallow-set (swordfish target) longline/set line''
fishery on the high seas, as described below. While there are no PBRs
calculated for these stocks outside of the Hawaiian Islands EEZ, NMFS
cannot rule out the potential for incidental take to exceed 1 percent
of any stock's PBR. NMFS proposes to retain this fishery in Category II
based on the occasional documented mortalities and serious injuries of
these other marine mammal stocks.
NMFS proposes to add striped dolphin (HI stock) to the list of
marine mammal stocks incidentally injured or killed in the Category II
``HI shallow-set (swordfish target) longline/set line'' fishery. One
striped dolphin (HI stock) was seriously injured in this fishery in
2008 in waters outside of U.S. EEZs with 100 percent observer coverage,
resulting in an average mortality and serious injury rate of 0.2
striped dolphins per year outside U.S. EEZs, for the period 2004-2008
(draft 2010 SAR). The draft 2010 SAR clarifies that the HI stock of
striped dolphins includes animals found both within the Hawaiian
Islands EEZ and in adjacent international waters; however, following
the NMFS Guidelines for Assessing Marine Mammal Stocks (NMFS 2005), the
PBR is calculated only for the portion of the stock occurring within
the Hawaiian Islands EEZ. Therefore, the serious injury of this animal
cannot be compared to the PBR of this stock.
NMFS proposes to add false killer whale (HI Pelagic stock) to the
list of marine mammal stocks incidentally injured or killed in the
Category II ``HI shallow-set (swordfish target) longline/set line''
fishery. NMFS observed one non-serious injury of a false killer whale
(HI Pelagic stock) in this fishery in 2008 within the range of the HI
Pelagic stock inside the Hawaiian Islands EEZ, with 100 percent
observer coverage (draft 2010 SAR).
NMFS proposes to add Kogia spp. whale (HI stock) to the list of
marine mammal stocks incidentally injured or killed in the Category II
``HI shallow-set (swordfish target) longline/set line'' fishery. NMFS
observed one non-serious injury of a Kogia spp. whale (HI stock) (i.e.,
a pygmy or dwarf sperm whale) in this fishery in 2008 in waters outside
of U.S. EEZs, with 100 percent observer coverage (draft 2010 SAR). The
draft 2010 SAR clarifies that the HI stocks of both pygmy and dwarf
sperm whales include animals found both within the Hawaiian Islands EEZ
and in adjacent international waters; however, following the NMFS
Guidelines for Assessing Marine Mammal Stocks (NMFS 2005), PBRs are
calculated only for the portion of the stocks occurring within the
Hawaiian Islands EEZ.
NMFS proposes to change the stock of Bryde's whale injured or
killed in the Category II ``HI shallow-set (swordfish target) longline/
set line'' fishery from ``stock unknown'' to ``HI stock.'' NMFS
observed one non-serious injury of a Bryde's whale in this fishery in
2005 outside of U.S. EEZs, with 100 percent observer coverage. The
draft 2010 SAR clarifies that this stock includes animals found both
within the Hawaiian Islands EEZ and in adjacent international waters;
however, following the NMFS Guidelines for Assessing Marine Mammal
Stocks (NMFS 2005), PBR is calculated only for the portion of the stock
occurring within the Hawaiian Islands EEZ.
NMFS proposes to change the stock of Risso's dolphin injured or
killed in the Category II ``HI shallow-set (swordfish target) longline/
set line'' fishery from ``stock unknown'' to ``HI stock.'' Eight
serious injuries and two mortalities of Risso's dolphins were observed
in this fishery from 2005-2008 outside of U.S. EEZs, with 100 percent
observer coverage, resulting in an average serious injury and mortality
rate of 2.0 Risso's dolphins per year outside the U.S. EEZ, for the
period 2004-2008. The draft 2010 SAR clarifies that this stock includes
animals found both within the Hawaiian Islands EEZ and in adjacent
international waters; however, following the NMFS Guidelines for
Assessing Marine Mammal Stocks (NMFS 2005), the PBR is calculated only
for the portion of the stock occurring within the Hawaiian Islands EEZ.
Therefore, the serious injuries and mortalities of these animals cannot
be compared to the PBR of this stock.
NMFS proposes to remove sperm whale (stock unknown) from the list
of species or stocks incidentally killed or injured in the Category II
``HI shallow-set (swordfish target) longline/set line'' fishery. There
have been no documented takes of sperm whales in this fishery in the
latest 5 years of data, with 100 percent observer coverage (draft 2010
SAR).
NMFS proposes to change the name of the stock of false killer
whales listed as being incidentally injured or killed in the Category
II ``American Samoa longline'' fishery from ``stock unknown'' to
``American Samoa.'' This stock is newly defined in the draft 2010 SAR.
Two false killer whales were killed or seriously injured by the fishery
in 2008, resulting in an average mortality and serious injury rate of
7.8 whales per year for the period 2006-2008, with approximately 8
percent observer coverage (draft 2010 SAR). No abundance estimates are
available for this stock; therefore, a PBR level cannot be calculated
and the serious injuries or mortalities of these animals cannot be
compared against the PBR of this stock. (draft 2010 SAR).
NMFS proposes to add rough-toothed dolphin (American Samoa stock)
to the list of species or stocks incidentally killed or injured in the
Category II ``American Samoa longline'' fishery. This stock is newly
defined in the draft 2010 SAR. One rough-toothed dolphin was seriously
injured by the fishery in 2008, resulting in an average mortality and
serious injury rate of 3.6 dolphins per year for the period 2006-2008,
with approximately 8 percent observer coverage (draft 2010 SAR). No
abundance estimates are available for this stock; therefore, a PBR
level cannot be calculated and the serious injury of this animal cannot
be compared to the PBR of this stock (draft 2010 SAR).
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Fishery Classification
Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl Fishery
NMFS proposes to elevate the ``Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl'' fishery from Category III to Category II based on
interactions reported through observer reports, stranding data, and
fisheries research data (2009 SAR), with multiple strategic marine
mammal stocks (bottlenose dolphin, SC coastal; bottlenose dolphin, GA
coastal; bottlenose dolphin, Northern Gulf of Mexico coastal (Eastern,
Northern, and Western); and bottlenose dolphin, Gulf of Mexico bay,
sound and estuarine) and non-strategic marine mammal stocks (bottlenose
dolphin, Northern Gulf of Mexico continental shelf; and spotted
dolphin, Northern Gulf of Mexico). The PBR levels are known only for
two of these stocks, the SC coastal and GA coastal stocks of bottlenose
dolphins. The PBR levels are unknown or undetermined for the remaining
stocks because of outdated population estimates (e.g., estimates are
over 8 years old) and lack of abundance and mortality data necessary to
calculate a PBR level. For this reason, the annual serious injury and
mortality rate as it
[[Page 36327]]
compares to each stock's PBR cannot be calculated for most of these
stocks.
As stated in the preamble of this proposed rule, in the absence of
reliable information, NMFS determines whether a Category II
classification is warranted for a given fishery (i.e., the fishery has
occasional incidental mortality and serious injury of marine mammals)
by 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 or distribution of marine mammals in the area, or at the
discretion of the Assistant Administrator (see 50 CFR 229.2). Due to
the lack of PBR data and low observer coverage, NMFS conducted a
qualitative analysis to determine the appropriate classification for
the ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl''
fishery. NMFS reviewed the best scientific data available, including
known and observed serious injuries and mortalities of bottlenose and
other dolphin species obtained during extremely low observer coverage
(less than 1 percent). NMFS considered the low level of observer
coverage; number and type of documented interactions with trawl gear;
levels of fishing effort; type of fishing gear used; lack of deterrence
gear or methods; fishing process including soak time; and spatial and
temporal co-occurrence of the shrimp trawl fishery and strategic marine
mammal stocks. Based on this information, summarized in the following
paragraph, NMFS proposes classifying this fishery in Category II.
This fishery was observed between 1992 and 2006 under a voluntary
program, which became mandatory in 2007. Observer coverage has been
less than 1 percent for all observed years. Even with low coverage,
NMFS observed 12 dolphin takes (of which 11 animals were seriously
injured or killed) in this fishery since 1993. Eleven of these takes
occurred since 2002. Because observer data sheets often listed
``dolphin'' and did not specify the species, NMFS can only confirm that
4 of the 12 takes were bottlenose dolphins. Based on the location of
the 8 observed takes that were not identified to species, the takes may
be either bottlenose dolphins or Atlantic spotted dolphins. However,
bottlenose dolphins are ubiquitous, and are the most commonly found
cetacean throughout Southeastern U.S. coastal waters, bays, sounds and
estuaries.
In addition to observer reports of marine mammals seriously injured
or killed in this fishery, the final 2009 SARs note that ``occasional
interactions with bottlenose dolphins have been observed [in the shrimp
trawl fishery], and there is infrequent evidence of interactions from
stranded animals.'' The lack of stranding evidence is not unusual. Some
fisheries (i.e. gillnet and trap/pot) leave distinctive wounds on
stranded animals, which are often found still entangled with tell-tale
gear. However, it is thought that serious injuries or mortalities to
marine mammals from trawl fisheries are less obvious on gross
inspection: Cause of death is more likely to be by blunt trauma from
trawl doors, or drowning by enclosure in, rather than by entanglement
with the net.
Marine Mammal Authorization Program records indicate one dolphin
take in shrimp trawl gear in South Carolina in 2002. Thirteen
additional dolphin takes, ten since 2002, have been documented by NMFS
in Southeast U.S. research trawl operations, and/or relocation trawls
conducted in conjunction with dredging and other marine construction
activities. Twelve of the thirteen takes resulted in serious injury or
mortality, and one out of the thirteen was an Atlantic spotted dolphin,
the remaining animals were bottlenose dolphins. There are no
substantive differences between commercial fishing and relocation
trawls, although relocation trawls are not equipped with turtle
excluder devices (TEDs), and soak time is considerably less (usually
about 30 minutes) than commercial shrimp trawls.
Removal of Fisheries
NMFS proposes to remove the separate listing for the ``Mid-Atlantic
flynet'' fishery (Category II) from the LOF and incorporate the
participants of this fishery into the ``Mid-Atlantic bottom trawl''
fishery (Category II). For additional information, see the ``Fishery
Name and Organizational Changes and Clarifications'' section below.
Fishery Name and Organizational Changes and Clarifications
NMFS proposes to incorporate the Category II ``Mid-Atlantic
flynet'' fishery into the Category II ``Mid-Atlantic bottom trawl''
fishery. Bottom otter trawl nets include a variety of net types,
including flynets; therefore, the term ``flynet'' does not refer to a
unique gear type and is better suited to be listed within the ``Mid-
Atlantic bottom trawl'' fishery definition. Additionally, flynets are
not used to target Illex squid offshore. NMFS therefore proposes
replacing the current definition for the ``Mid-Atlantic bottom trawl''
fishery presented in the proposed 2009 LOF (73 FR 33776, June 13, 2008)
with the following fishery definition: ``The Mid-Atlantic bottom trawl
fishery uses bottom trawl gear to target species including, but not
limited to, bluefish, croaker, monkfish, summer flounder (fluke),
winter flounder, silver hake (whiting), spiny dogfish, smooth dogfish,
scup, and black sea bass. The fishery occurs year-round from Cape Cod,
MA, to Cape Hatteras, NC, in waters west of 70[deg] W. long. and north
of a line extending due east from the NC/SC border. In areas where
70[deg] W. long. is east of the EEZ, the EEZ serves as the eastern
boundary. The gear is managed by several state and Federal FMPs. The
Mid-Atlantic bottom trawl fishery also includes gear types such as
flynets utilized in the mid-Atlantic region. The Mid-Atlantic bottom
trawls using flynets target species through nearshore and offshore
components that operate along the east coast of the mid-Atlantic United
States. Flynets typically range from 80-120 ft (24-36.6 m) in headrope
length, with wing mesh sizes of 16-64 in (41-163 cm), following a slow
3:1 taper to smaller mesh sizes in the body, extension, and codend
sections of the net. The nearshore fishery operates from October to
April inside of 30 fathoms (180 ft; 55 m) from NJ to NC. This nearshore
fishery targets Atlantic croaker, weakfish, butterfish, harvestfish,
bluefish, menhaden, striped bass, kingfish species, and other finfish
species. Flynet fishing is no longer permitted in Federal waters south
of Cape Hatteras in order to protect weakfish stocks. The offshore
component operates from November to April outside of 30 fathoms (180
ft; 55 m) from the Hudson Canyon off NY, south to Hatteras Canyon off
NC. These deeper water fisheries target bluefish, Atlantic mackerel,
Loligo squid, black sea bass, and scup.''
NMFS proposes to remove the American eel from species targeted in
Category II ``Atlantic mixed species trap/pot'' fishery as initially
listed in the 2008 Proposed LOF (72 FR 35402; June 28, 2007). NMFS
believes that this target species is adequately represented by the
Category III ``U.S. Mid-Atlantic eel trap/pot'' fishery as this fishery
takes place in mostly fresh, brackish, and coastal areas from ME to FL
and inside the fishery demarcation line that serves as the western
boundary for the ``Atlantic mixed species trap/pot'' fishery. This
change would require a new fishery definition for the Category II
``Atlantic mixed species trap/pot'' fishery. The new definition would
be as follows: ``The Category II `Atlantic mixed species trap/pot'
fishery's targets species
[[Page 36328]]
including, but not limited to: Hagfish, shrimp, conch/whelk, red crab,
Jonah crab, rock crab, black sea bass, scup, tautog, cod, haddock,
Pollock, redfish (ocean perch), white hake, spot, skate, catfish, and
stone crab. The fishery includes all trap/pot operations from the U.S.-
Canada border south through the waters east of the fishery management
demarcation line between the Atlantic Ocean and the Gulf of Mexico (50
CFR 600.105), but does not include the following Category I, II, and
III trap/pot fisheries: Northeast/Mid-Atlantic American lobster trap/
pot; Atlantic blue crab trap/pot; FL spiny lobster trap/pot;
Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot; U.S.
Mid-Atlantic eel trap/pot; and the Southeastern U.S. Atlantic, Gulf of
Mexico golden crab fisheries. The fishery is managed under various
Interstate FMPs.''
NMFS proposes to clarify the target species defined for the
Category II ``Northeast drift gillnet'' fishery. The fishery definition
provided in the 2008 Proposed LOF (72 FR 35401; June 28, 2007),
included language excluding large pelagic species from the species
targeted. However, this fishery should include any residual large
pelagic drift gillnet effort. The language provided in the 2001
Proposed LOF (66 FR 6553; January 21, 2001) added language to include
target species other than large pelagics in the fishery definition;
however, the change did not remove large pelagics from the list of
targeted species. Therefore, NMFS recommends changing the definition
for the ``Northeast drift gillnet'' fishery to: ``* * * targets species
including shad, herring, mackerel, and menhaden and any residual large
pelagic driftnet effort in New England. This fishery uses drift gillnet
gear, which is gillnet gear not anchored to the bottom and is free-
floating on both ends or free-flowing at one end and attached to the
vessel at the other end. It occurs at any depth in the water column
from the U.S.-Canada border to Long Island, NY, at 72[deg]30' W. long.
south to 36[deg]33.03 N. lat. and east to the eastern edge of the
EEZ.''
NMFS proposes to update the bodies governing the Category II
``Northeast mid-water trawl'' fishery. In the 2008 Proposed LOF (72 FR
35402; June 28, 2007) NMFS stated that ``[t]he fishery is managed
jointly by the Mid-Atlantic Fishery Management Council and the Atlantic
States Marine Fisheries Commission (ASMFC) as a migratory stock
complex.'' Atlantic herring are managed by the New England Fishery
Management Council and through the ASFMC and mackerel is managed under
the Mid-Atlantic Fisheries Management Council. Therefore, NMFS proposes
to edit this statement to read ``[t]he Northeast bottom trawl fishery
is managed jointly by the New England Fishery Management Council, Mid-
Atlantic Fishery Management Council, and the ASMFC.''
NMFS proposes to update the FMPs applicable to the Category II
``Northeast bottom trawl'' and the Category I ``Northeast sink
gillnet'' fisheries. The current definition for the ``Northeast bottom
trawl'' fishery states ``[t]he Category II ``Northeast bottom trawl''
fishery uses bottom trawl gear to target species included in the
Northeast Multispecies FMP, Summer Flounder FMP, and Scup and Seabass
FMP, including, but not limited to: Atlantic cod, haddock, pollock,
yellowtail flounder, winter flounder, witch flounder, American plaice,
Atlantic halibut, redfish, windowpane flounder, summer flounder, spiny
dogfish, monkfish, silver hake, red hake, white hake, ocean pout, and
skate spp * * *. The fishery is primarily managed by Total Allowable
Catch (TAC) limits, individual trip limits (quotas), effort caps
(limited number of days at sea per vessel), time and area closures, and
gear restrictions.'' NMFS recommends changing this definition to
``[t]he Category II ``Northeast bottom trawl'' fishery uses bottom
trawl gear to target species including, but not limited to: Atlantic
cod, haddock, pollock, yellowtail flounder, winter flounder, witch
flounder, American plaice, Atlantic halibut, redfish, windowpane
flounder, summer flounder, spiny dogfish, monkfish, silver hake, red
hake, white hake, ocean pout, and skate spp * * *. The fishery is
primarily managed by TACs, individual trip limits (quotas), effort caps
(limited number of days at sea per vessel), time and area closures, and
gear restrictions under several interstate and federal FMPs.''
Additionally, the Northeast sink gillnet fishery definition currently
lists the fishery as being `` * * * managed by the Northeast
Multispecies (Groundfish) FMP.'' NMFS proposes to change this sentence
to `` * * * managed by several interstate and federal FMPs.''
NMFS proposes to update spatial boundaries for the Category II
``Northeast bottom trawl'' and ``Mid-Atlantic bottom trawl'' fisheries.
Currently the ``Northeast bottom trawl'' fishery's spatial boundary is
defined as ``from the U.S.- Canada border through waters east of
72[deg]30' W. long.'' and the ``Mid-Atlantic bottom trawl'' fishery's
spatial boundary is defined as ``Cape Cod, MA, to Cape Hatteras, NC, in
waters west of 72[deg]30' W. long. and north of a line extending due
east from the NC/SC border.'' However, marine mammal bycatch estimates
conducted by Northeast Fisheries Science Center (NEFSC) for these
fisheries are made using 70[deg] W. long. as the dividing boundary as a
result of reviewing trip locations from vessel trip reports. Therefore,
to maintain consistency with the SAR process for how fisheries are
defined, NMFS proposes to change the spatial boundary for the
``Northeast bottom trawl'' fishery to ``from the U.S.- Canada border
through waters east of 70[deg] W. long.'' and the ``Mid-Atlantic bottom
trawl'' fishery's spatial boundary to ``Cape Cod, MA, to Cape Hatteras,
NC, in waters west of 70[deg] W. long. and north of a line extending
due east from the NC/SC border. In areas where 70[deg] W. long. is east
of the EEZ, the EEZ serves as the eastern boundary.''
Number of Vessels/Persons
NMFS proposes to update the estimated vessels/persons for several
mid-Atlantic and New England fisheries listed under Table 2 to reflect
the potential state and Federal permit effort. Past numbers used in the
LOF for many of the Northeast and Mid-Atlantic fisheries have
represented only active Federal permits and did not incorporate state
permit information. NMFS acknowledges that these estimates are
inflations of actual effort and that in some cases actual effort may be
decreasing; however, the estimates represent the potential effort for
each fishery, given the multiple gear types several state permits may
allow for. Changes made to New England and Mid-Atlantic fishery
participants listed in Table 2 of the LOF will not affect observer
coverage or bycatch estimates, as observer coverage and bycatch
estimates are based on vessel trip reports and landings data. Table 2
only serves to provide a description of the fishery's potential effort
(state and federal) in the LOF. If NMFS is able to extract more
accurate information on the gear types used by state permit holders in
the future, the numbers will be corrected to reflect this change.
Federal permit information was collected through fishing vessel trip
reports and by querying Federal permit databases. State permit
information was collected through the MMAP registration process. NMFS
proposes to update the estimated number of persons/vessels in the
following New England and Mid-Atlantic and fisheries:
Category I: Mid-Atlantic gillnet from >670 to 5,495; Northeast sink
gillnet from 341 to 7,712; and Northeast/Mid-Atlantic American lobster
trap/pot from 13,000 to 12,489.
[[Page 36329]]
Category II: Chesapeake Bay inshore gillnet from 45 to 1,167; NC
inshore gillnet from 94 to 2,250; Northeast anchored float gillnet from
133 to 662; Northeast drift gillnet from unknown to 608; Mid-Atlantic
mid-water trawl from 620 to 546; Mid-Atlantic bottom trawl from >1,000
to 1,182 (also includes participants from the ``Mid-Atlantic flynet''
fishery, proposed to be merged with the ``Mid-Atlantic bottom trawl''
fishery in this proposed rule); Northeast mid-water trawl (including
pair trawl) from 17 to 953; Northeast bottom trawl from 1,052 to 1,635;
Atlantic blue crab trap/pot from >16,000 to 6,479; Atlantic mixed
species trap/pot from unknown to 1,912; Mid-Atlantic menhaden purse
seine fishery from 22 to 54; Mid-Atlantic haul/beach seine from 25 to
666; N.C. long haul seine from 33 to 372; and Virginia pound net from
41 to 52.
Category III: U.S. Mid-Atlantic offshore surf clam and quahog
dredge from 100 to unknown; Gulf of Maine urchin dive, hand/mechanical
collection from <50 to unknown; Gulf of Maine, U.S. Mid-Atlantic sea
scallop dredge from 233 to 258; Gulf of Maine mussel dredge from >50 to
unknown; Gulf of Maine, U.S. Mid-Atlantic tuna/shark/swordfish hook &
line/harpoon from 26,223 to >403; Northeast, Mid-Atlantic bottom
longline/hook & line from 46 to 1,183; U.S. Mid-Atlantic mixed species
stop seine/weir/pound net from 751 to unknown; Gulf of Maine herring
and Atlantic mackerel stop seine/weir from 50 to unknown; Gulf of Maine
Atlantic herring purse seine from 30 to >7; Gulf of Maine menhaden
purse seine from 50 to >2; and Atlantic shellfish bottom trawl from 972
to >67.
NMFS proposes to update the estimated vessels/persons in the
``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl'' fishery
(proposed to be elevated to Category II in this proposed rule) from
>18,000 to 4,950.
List of Species or Stocks Incidentally Killed or Injured
NMFS proposes to add bottlenose dolphin (WNA offshore stock) to the
list of species/stocks incidentally killed or injured in the Category
II ``Mid-Atlantic bottom trawl'' fishery. One freshly dead bottlenose
dolphin was observed taken in October 2009, during a trip targeting
Loligo squid, and three freshly dead bottlenose dolphins were observed
taken in August 2009 during a trip targeting Illex squid. The estimated
annual serious injury and mortality rate based on these four
mortalities is 0.8 animals/year, or 0.14 percent of the stock's PBR
level of 566 (2008 SAR, the most recent SAR to report a PBR for this
stock). These mortalities were observed and reported in the August 2009
and October 2009 Northeast Fisheries Observer Program Incidental Take
Reports (http://www.nefsc.noaa.gov/fsb/ fsb/). Observer coverage in these
fisheries varies from year-to-year. Observer coverage in the Illex
fishery from 1996-2007 ranged from 0-14 percent (with higher
percentages in more recent years); observer coverage in the Loligo
fishery from 1996-2007 ranged from 0-5 percent (with higher percentages
in more recent years) (final 2009 SARs).
NMFS proposes to add the Atlantic spotted dolphin (Northern GMX
stock) to the list of species/stocks incidentally killed or injured in
the ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl'' fishery
(proposed to be elevated to Category II in this proposed rule). An
Atlantic spotted dolphin (Northern GMX stock) was killed in 2006 in
Southeast U.S. research trawl operations and/or relocation trawls
conducted in conjunction with dredging and other marine construction
activities. There are no substantive differences between commercial
fishing and relocation trawls, although relocation trawls are not
equipped with turtle excluder devices (TEDs), and soak time is
considerably less (usually approximately 30 minutes) than commercial
shrimp trawls. As noted above in NMFS' proposal to elevate the
``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery'' to
Category II, most of the observer reports from this fishery list only
``dolphin'' as the marine mammal killed or injured, and NMFS was able
to conclusively identify only four of the twelve takes in this fishery
since 2002 as bottlenose dolphins. Based on the location of the
observed takes for the 8 unidentified dolphins, the remainder of the
observed takes can either be bottlenose dolphin or Atlantic spotted
dolphin (final 2009 SAR). Therefore, given the low observer coverage in
this fishery, the location of the observed takes for the unidentified
dolphin species in this fishery, and the observed mortality of an
Atlantic spotted dolphin in research trawl operations that operate in a
similar area and manner to commercial shrimp trawl operations, it is
reasonable that takes of Atlantic spotted dolphins are also occurring
in the commercial fishery.
NMFS proposes to add the bottlenose dolphin (Northern NC estuarine
system stock) to the list of species/stocks incidentally killed or
injured in the Category III ``U.S. Mid-Atlantic mixed species stop
seine/weir/pound net (except the NC roe mullet stop net)'' fishery.
Stranding records reported that one bottlenose dolphin was removed dead
from a NC pound net in August 2004 (2009 SAR). There is no observer
coverage in this fishery.
NMFS proposes to update all of the stock names for bottlenose
dolphins injured or killed incidental to Category I, II, and III
fisheries in the Atlantic, based on the revised stock structure
presented in the final 2008 and 2009 SARs. NMFS proposes to replace all
references to ``bottlenose dolphin, WNA coastal'' with the following
stocks for each of the following fisheries:
1. ``Mid-Atlantic gillnet'' fishery (Category I): Bottlenose
dolphin, Northern Migratory coastal; bottlenose dolphin, Southern
Migratory coastal; bottlenose dolphin, Northern NC estuarine system;
bottlenose dolphin, Southern NC estuarine system. The 2010 LOF includes
a superscript ``\1\'' following bottlenose dolphin (WNA coastal stock)
in Table 2 (indicating it is driving the classification of this
fishery). NMFS proposes to retain the superscript ``\1\'' after each of
these stocks because NMFS cannot yet differentiate to which stock a
killed/injured animal belongs.
2. ``NC inshore gillnet'' fishery (Category II): Bottlenose
dolphin, Northern NC estuarine system; bottlenose dolphin, Southern NC
estuarine system. The 2010 LOF includes a superscript ``\1\'' following
bottlenose dolphin (WNA coastal stock) in Table 2 (indicating it is
driving the classification of this fishery). NMFS proposes to retain
the superscript ``\1\'' after each of these stocks because NMFS cannot
yet differentiate to which stock a killed/injured animal belongs.
3. ``Southeast Atlantic gillnet'' fishery (Category II): Bottlenose
dolphin, Southern Migratory coastal; bottlenose dolphin, SC coastal;
bottlenose dolphin, GA coastal; bottlenose dolphin, Northern FL
coastal; bottlenose dolphin, Central FL coastal. NMFS proposes to
retain the superscript ``\2\'' after the fishery in Table 2 (indicating
that the fishery is listed on the LOF by analogy to other Category I or
II fisheries).
4. ``Southeastern U.S. Atlantic shark gillnet'' fishery (Category
II): Bottlenose dolphin, Central FL coastal. The 2010 LOF includes a
superscript ``\1\'' following bottlenose dolphin (WNA coastal stock) in
Table 2 (indicating it is driving the classification of this fishery).
NMFS proposes to retain the superscript ``\1\'' after this new stock
because NMFS cannot yet differentiate to which stock a killed/injured
animal belongs.
5. ``Atlantic blue crab trap/pot'' fishery (Category II):
Bottlenose dolphin, Northern NC estuarine system; bottlenose dolphin,
Southern NC estuarine system; bottlenose dolphin,
[[Page 36330]]
Charleston estuarine system; bottlenose dolphin, Northern GA/Southern
SC estuarine system; bottlenose dolphin, Southern GA estuarine system;
bottlenose dolphin, Jacksonville estuarine system; bottlenose dolphin,
Indian River Lagoon estuarine system; bottlenose dolphin, Northern
Migratory coastal; bottlenose dolphin, Southern Migratory coastal;
bottlenose dolphin, Northern FL coastal; bottlenose dolphin, Central FL
coastal; bottlenose dolphin, SC coastal; bottlenose dolphin, GA
coastal. The 2010 LOF includes a superscript ``\1\'' following
bottlenose dolphin (WNA coastal stock) in Table 2 (indicating it is
driving the classification of this fishery). NMFS proposes to retain
the superscript ``\1\'' after each of these stocks because NMFS cannot
yet differentiate to which stock a killed/injured animal belongs.
6. ``Mid-Atlantic menhaden purse seine'' fishery (Category II):
Bottlenose dolphin, Northern Migratory coastal; bottlenose dolphin,
Southern Migratory coastal. NMFS proposes to retain the superscript
``\2\''after the fishery in Table 2 (indicating that the fishery is
listed on the LOF by analogy to other Category I or II fisheries).
7. ``Mid-Atlantic haul/beach seine'' fishery (Category II):
Bottlenose dolphin, Northern NC estuarine system; bottlenose dolphin,
Northern Migratory coastal; bottlenose dolphin, Southern Migratory
coastal. The 2010 LOF includes a superscript ``\1\'' following
bottlenose dolphin (WNA coastal stock) in Table 2 (indicating it is
driving the classification of this fishery). NMFS proposes to retain
the superscript ``\1\'' after each of these stocks because NMFS cannot
yet differentiate to which stock a killed/injured animal belongs.
8. ``NC long haul seine'' fishery (Category II): Bottlenose
dolphin, Northern NC estuarine system. The 2010 LOF includes a
superscript ``\1\'' following bottlenose dolphin (WNA coastal stock) in
Table 2 (indicating it is driving the classification of this fishery).
NMFS proposes to retain the superscript ``\1\'' after this new stock
because NMFS cannot yet differentiate to which stock a killed/injured
animal belongs.
9. ``NC roe mullet stop net'' fishery (Category II): Bottlenose
dolphin, Southern NC estuarine system. The 2010 LOF includes a
superscript ``\1\'' following bottlenose dolphin (WNA coastal stock) in
Table 2 (indicating it is driving the classification of this fishery).
NMFS proposes to retain the superscript ``\1\'' after this new stock
because NMFS cannot yet differentiate to which stock a killed/injured
animal belongs.
10. ``VA pound net'' fishery (Category II): Bottlenose dolphin,
Northern Migratory coastal; bottlenose dolphin, Southern Migratory
coastal. The 2010 LOF includes a superscript ``\1\'' following
bottlenose dolphin (WNA coastal stock) in Table 2 (indicating it is
driving the classification of this fishery). NMFS proposes to retain
the superscript ``\1\'' after each of these stocks because NMFS cannot
yet differentiate to which stock a killed/injured animal belongs.
11. ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl''
fishery (proposed to be elevated to Category II in this proposed rule):
Bottlenose dolphin, SC coastal; bottlenose dolphin, GA coastal. The
2010 LOF includes a superscript ``\1\'' following bottlenose dolphin
(WNA coastal stock) in Table 2 (indicating it is driving the
classification of this fishery). NMFS proposes to include a superscript
``\1\'' after each of these stocks in Table 2 (indicating it is driving
the classification of this fishery) because NMFS cannot yet
differentiate to which stock a killed/injured animal belongs.
12. ``FL spiny lobster trap/pot'' fishery (Category III):
Bottlenose dolphin, Biscayne Bay estuarine; bottlenose dolphin, FL Bay
estuarine.
13. ``Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/
pot'' fishery (Category III): Bottlenose dolphin, Biscayne Bay
estuarine.
14. ``Atlantic Ocean, Gulf of Mexico, Caribbean commercial
passenger fishing vessel'' fishery (Category III): Bottlenose dolphin,
Southern NC estuarine system; bottlenose dolphin, Indian River Lagoon
estuarine system; bottlenose dolphin, Biscayne Bay estuarine.
Commercial Fisheries on the High Seas
Fishery Classifications
NMFS proposes to reclassify the High Seas ``Pacific highly
migratory species drift gillnet'' fishery from Category I to Category
III. This fishery is an extension of the ``CA/OR thresher shark/
swordfish drift gillnet'' fishery operating within the U.S. EEZ, and is
not a separate fishery. NMFS proposes to reclassify the component of
the fishery operating in U.S. waters to Category III in this proposed
rule (see above under ``Commercial Fisheries in the Pacific Ocean'' for
details); therefore, NMFS also proposes to reclassify the high seas
component of the fishery because it remains the same on either side of
the EEZ boundary.
Number of Vessels/Persons
NMFS proposes to update the estimated number of HSFCA permits in
the High Seas Atlantic highly migratory species fishery for the
following gear types: Longline from 72 to 77; handline/pole and line
from 1 to 2; and trawl from 2 to 3.
NMFS proposes to update the estimated number of HSFCA permits in
the High Seas Pacific highly migratory species fishery for the
following gear types: Drift gillnet from 4 to 3; longline from 62 to
75; handline/pole and line from 22 to 25; trawl from 3 to 2; and troll
from 249 to 271.
NMFS proposes to update the estimated number of HSFCA permits in
the High Seas South Pacific Albacore Troll fishery for the following
gear types: Troll from 53 to 59.
NMFS proposes to update the estimated number of HSFCA permits in
the High Seas South Pacific Tuna fishery for the following gear types:
Longline from 3 to 8; and purse seine from 36 to 35.
NMFS proposes to update the estimated number of HSFCA permits in
the High Seas Western Pacific Pelagic fishery for the following gear
types: Deep-set longline from 129 to 127; handline/pole and line from 9
to 10; trawl from 4 to 3; and troll from 44 to 40.
List of Species or Stocks Incidentally Killed or Injured
NMFS proposes to change the stock of false killer whales injured or
killed in the Category I ``Western Pacific Pelagic (Deep-set
component)'' fishery from ``stock unknown'' to ``HI Pelagic stock.''
This fishery is an extension of the Category I ``HI deep-set (tuna
target) longline/set line'' fishery operating within the U.S. EEZ, and
is not a separate fishery. Since this fishery remains the same and many
marine mammals species are found on either side of the EEZ boundary,
the list of species/stocks incidentally killed or injured in the high
seas component of the fishery is identical to the list of species/
stocks killed or injured in the component operating in U.S. waters.
Also, six serious injuries and one non-serious injury of false killer
whales were observed in this fishery outside of U.S. EEZs from 2004-
2008. The draft 2010 SAR clarifies that this stock includes animals
found both within the Hawaiian Islands EEZ and in adjacent
international waters. Observer coverage for this fishery from 2004-2008
ranged from 20 to 28 percent (draft 2010 SAR).
NMFS proposes to change the stock of pantropical spotted dolphin
injured or killed in the Category I ``Western Pacific Pelagic (Deep-set
component)'' fishery from ``stock unknown'' to ``HI stock.'' This
fishery is an extension of the Category I ``HI deep-set (tuna target)
longline/set line'' fishery operating within the U.S. EEZ, and is not a
[[Page 36331]]
separate fishery. Since this fishery remains the same and many marine
mammals species are found on either side of the EEZ boundary, the list
of species/stocks incidentally killed or injured in the high seas
component of the fishery is identical to the list of species/stocks
killed or injured in the component operating in U.S. waters. Also, one
pantropical spotted dolphin was observed incidentally killed in this
fishery on the high seas in 2008 (draft 2010 SAR). The draft 2010 SAR
clarifies that the HI stock includes animals found both within the
Hawaiian Islands EEZ and in adjacent international waters. Observer
coverage for this fishery from 2004-2008 ranged from 20 to 28 percent
(draft 2010 SAR).
NMFS proposes to change the stock of bottlenose dolphin injured or
killed in the Category I ``Western Pacific Pelagic (Deep-set
component)'' fishery from ``HI'' to ``HI Pelagic stock.'' This fishery
is an extension of the Category I ``HI deep-set (tuna target) longline/
set line'' fishery operating within the U.S. EEZ, and is not a separate
fishery. Since this fishery remains the same and many marine mammals
species are found on either side of the EEZ boundary, the list of
species/stocks incidentally killed or injured in the high seas
component of the fishery is identical to the list of species/stocks
killed or injured in the component operating in U.S. waters. Also, the
bottlenose dolphin stock structure has been revised for the draft 2010
SAR, and the stock that interacts with the deep-set longline fishery is
now the HI Pelagic stock (draft 2010 SAR). The draft 2010 SAR clarifies
that the HI Pelagic stock includes animals found both within the
Hawaiian Islands EEZ and in adjacent international waters.
NMFS proposes to add striped dolphin (HI stock) and Kogia spp.
whale (HI stock) to the list of marine mammal stocks incidentally
injured or killed in the Category II ``Western Pacific Pelagic
(Shallow-set component)'' fishery. This fishery is an extension of the
Category II ``HI shallow-set (swordfish target) longline/set line''
fishery operating within the U.S. EEZ, and is not a separate fishery.
Since this fishery remains the same and many marine mammals species are
found on either side of the EEZ boundary, the list of species/stocks
incidentally killed or injured in the high seas component of the
fishery is identical to the list of species/stocks killed or injured in
the component operating in U.S. waters. Also, one striped dolphin was
observed seriously injured in this fishery in 2008 in waters outside of
the U.S. EEZ and one Kogia spp. whale (i.e., a pygmy or dwarf sperm
whale) was observed non-seriously injured in this fishery in 2008, in
waters outside of U.S. EEZs (draft 2010 SAR). The draft 2010 SAR
clarifies that the HI stock includes animals found both within the
Hawaiian Islands EEZ and in adjacent international waters. Observer
coverage in this fishery is 100 percent (draft 2010 SAR).
NMFS proposes to change the stock of bottlenose dolphin injured or
killed in the Category II ``Western Pacific Pelagic (Shallow-set
component)'' fishery from ``stock unknown'' to ``HI Pelagic stock.''
This fishery is an extension of the Category II ``HI shallow-set
(swordfish target) longline/set line'' fishery operating within the
U.S. EEZ, and is not a separate fishery. Since this fishery remains the
same and many marine mammal species are found on either side of the EEZ
boundary, the list of species/stocks incidentally killed or injured in
the high seas component of the fishery is identical to the list of
species/stocks killed or injured in the component operating in U.S.
waters. Also, the bottlenose dolphin stock structure as revised for the
draft 2010 SAR and the stock that interacts with the deep-set longline
fishery is now the HI Pelagic stock (draft 2010 SAR). The draft 2010
SAR also clarifies that the HI Pelagic stock includes animals found
both within the Hawaiian Islands EEZ and in adjacent international
waters.
NMFS proposes to change the stock of Bryde's whale injured or
killed in the Category II ``Western Pacific Pelagic (Shallow-set
component)'' fishery from ``stock unknown'' to ``HI stock.'' This
fishery is an extension of the Category II ``HI shallow-set (swordfish
target) longline/set line'' fishery operating within the U.S. EEZ, and
is not a separate fishery. Since this fishery remains the same and many
marine mammals species are found on either side of the EEZ boundary,
the list of species/stocks incidentally killed or injured in the high
seas component of the fishery is identical to the list of species/
stocks killed or injured in the component operating in U.S. waters.
Also, one non-serious injury was observed in this fishery in 2005
outside of U.S. EEZs. The draft 2010 SAR clarifies that this stock
includes animals found both within the Hawaiian Islands EEZ and in
adjacent international waters. Observer coverage in this fishery is 100
percent (draft 2010 SAR).
NMFS proposes to change the stock of Risso's dolphin injured or
killed in the Category II ``Western Pacific Pelagic (Shallow-set
component)'' fishery from ``stock unknown'' to ``HI stock.'' This
fishery is an extension of the Category II ``HI shallow-set (swordfish
target) longline/set line'' fishery operating within the U.S. EEZ, and
is not a separate fishery. Since this fishery remains the same and many
marine mammals species are found on either side of the EEZ boundary,
the list of species/stocks incidentally killed or injured in the high
seas component of the fishery is identical to the list of species/
stocks killed or injured in the component operating in U.S. waters.
Also, eight serious injuries and two mortalities of Risso's dolphins
were observed in this fishery from 2005-2008 outside of the U.S. EEZ.
The draft 2010 SAR clarifies that this stock includes animals found
both within the Hawaiian Islands EEZ and in adjacent international
waters. Observer coverage in this fishery is 100 percent (draft 2010
SAR).
NMFS proposes to remove sperm whale (stock unknown) from the list
of marine mammal stocks incidentally injured or killed in the Category
II High Seas ``Western Pacific Pelagic (Shallow-set component)''
fishery. This fishery is an extension of the Category II ``HI shallow-
set (swordfish target) longline/set line'' fishery operating within the
U.S. EEZ, and is not a separate fishery. There have been no documented
takes of sperm whales in this fishery in the last 5 years, under 100
percent observer coverage (draft 2010 SAR).
List of Fisheries
The following tables set forth the proposed list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. In Tables 1 and 2, the estimated number of vessels/participants
in fisheries operating within U.S. waters 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, vessels, or
persons licensed in a fishery, then the number from the most recent LOF
is used for the estimated number of vessels/persons in the fishery.
NMFS acknowledges that, in some cases, these estimations may be
inflations of actual effort; however, they represent the potential
effort for each fishery, given the multiple gear types several state
permits may allow for. Changes made to New England and Mid-Atlantic
fishery participants listed in Table 2 in this proposed rule will not
affect observer coverage or bycatch estimates as observer coverage and
bycatch estimates are based on vessel trip reports and landings data.
Table 1 and 2 serve to
[[Page 36332]]
provide a description of the fishery's potential effort (state and
Federal) in the LOF. If NMFS is able to extract more accurate
information on the gear types used by state permit holders in the
future, the numbers will be corrected to reflect this change. For
additional information on fishing effort in fisheries found on Table 1
or 2, NMFS refers the reader to contact the relevant regional office
(contact information included above in SUPPLEMENTARY INFORMATION).
For high seas fisheries, Table 3 lists the number of currently
valid HSFCA permits held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data at this time.
Tables 1, 2, and 3 also list the marine mammal species/stocks
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, disentanglement network data, and MMAP
reports. This list includes all species or stocks known to be injured
or killed in a given fishery, but also includes species or stocks for
which there are anecdotal records of an injury or mortality.
Additionally, species identified by logbook entries may not be
verified. In Tables 1 and 2, NMFS has designated those stocks driving a
fishery's classification (i.e., the fishery is classified based on
serious injuries and mortalities of a marine mammal stock that are
greater than 50 percent [Category I], or greater than 1 percent and
less than 50 percent [Category II], of a stock's PBR) by a ``\1\''after
the stock's name.
In Tables 1 and 2, there are several fisheries classified in
Category II that have no recent documented injuries or mortalities of
marine mammals, or fisheries that did not result in a serious injury or
mortality rate greater than 1 percent of a stock's PBR level. NMFS has
classified these fisheries 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 a ``Category II
fishery'' in 50 CFR 229.2. NMFS has designated those fisheries listed
by analogy in Tables 1 and 2 by a ``\2\'' after the fishery's name.
There are several fisheries in Tables 1, 2, and 3 in which a
portion of the fishing vessels cross the EEZ boundary, and therefore
operate both within U.S. waters and on the high seas. NMFS has
designated those fisheries in each Table by a ``\*\'' after the
fishery's name.
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 3 lists commercial fisheries on the
High Seas; and Table 4 lists fisheries affected by Take Reduction Plans
or Teams.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
----------------------------------------------------------------------------------------------------------------
Estimated
Fishery description number of Marine mammal species and stocks incidentally killed or
vessels/persons injured
----------------------------------------------------------------------------------------------------------------
CATEGORY I
----------------------------------------------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
HI deep-set (tuna target) longline/ 127 Blainville's beaked whale, HI.
set line *.
............... Bottlenose dolphin, HI Pelagic.
............... False killer whale, HI Insular.\1\
............... False killer whale, HI Pelagic.\1\
............... False killer whale, Palmyra Atoll.
............... Humpback whale, Central North Pacific.
............... Pantropical spotted dolphin, HI.
............... Risso's dolphin, HI.
............... Short-finned pilot whale, HI.
............... Striped dolphin, HI.
----------------------------------------------------------------------------------------------------------------
CATEGORY II
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
CA halibut/white seabass and other 50 California sea lion, U.S.
species set gillnet (>3.5 in
mesh).
............... Harbor seal, CA.
............... Humpback whale, CA/OR/WA.\1\
............... Long-beaked common dolphin, CA.
............... Northern elephant seal, CA breeding.
............... Sea otter, CA.
............... Short-beaked common dolphin, CA/OR/WA.
CA yellowtail, barracuda, and 30 California sea lion, U.S.
white seabass drift gillnet (mesh
size >=3.5 in and <14 in)\ 2\.
............... Long-beaked common dolphin, CA.
............... Short-beaked common dolphin, CA/OR/WA.
AK Bristol Bay salmon drift 1,862 Beluga whale, Bristol Bay.
gillnet \2\.
............... Gray whale, Eastern North Pacific.
............... Harbor seal, Bering Sea.
............... Northern fur seal, Eastern Pacific.
............... Pacific white-sided dolphin, North Pacific.
............... Spotted seal, AK.
............... Steller sea lion, Western U.S.
AK Bristol Bay salmon set gillnet 983 Beluga whale, Bristol Bay.
\2\.
............... Gray whale, Eastern North Pacific.
............... Harbor seal, Bering Sea.
[[Page 36333]]
............... Northern fur seal, Eastern Pacific.
............... Spotted seal, AK.
AK Cook Inlet salmon drift gillnet 571 Beluga whale, Cook Inlet.
............... Dall's porpoise, AK.
............... Harbor porpoise, GOA.\1\
............... Harbor seal, GOA.
............... Steller sea lion, Western U.S.
AK Kodiak salmon set gillnet...... 188 Harbor porpoise, GOA.\1\
............... Harbor seal, GOA.
............... Sea otter, Southwest AK.
............... Steller sea lion, Western U.S.
AK Peninsula/Aleutian Islands 162 Dall's porpoise, AK.
salmon drift gillnet \2\.
............... Harbor porpoise, GOA.
............... Harbor seal, GOA.
............... Northern fur seal, Eastern Pacific.
AK Peninsula/Aleutian Islands 115 Harbor porpoise, Bering Sea.
salmon set gillnet \2\.
............... Steller sea lion, Western U.S.
AK Prince William Sound salmon 537 Dall's porpoise, AK.
drift gillnet.
............... Harbor porpoise, GOA.\1\
............... Harbor seal, GOA.
............... Northern fur seal, Eastern Pacific.
............... Pacific white-sided dolphin, North Pacific.
............... Sea otter, South Central AK.
............... Steller sea lion, Western U.S.\1\
AK Southeast salmon drift gillnet. 476 Dall's porpoise, AK.
............... Harbor porpoise, Southeast AK.
............... Harbor seal, Southeast AK.
............... Humpback whale, Central North Pacific.\1\
............... Pacific white-sided dolphin, North Pacific.
............... Steller sea lion, Eastern U.S.
AK Yakutat salmon set gillnet \2\. 166 Gray whale, Eastern North Pacific.
............... Harbor seal, Southeast AK.
............... Humpback whale, Central North Pacific (Southeast AK).
WA Puget Sound Region salmon drift 210 Dall's porpoise, CA/OR/WA.
gillnet (includes all inland
waters south of U.S.-Canada
border and eastward of the
Bonilla-Tatoosh line-Treaty
Indian fishing is excluded).
............... Harbor porpoise, inland WA.\1\
............... Harbor seal, WA inland.
PURSE SEINE FISHERIES:
AK Cook Inlet salmon purse seine.. 82 Humpback whale, Central North Pacific.\1\
AK Kodiak salmon purse seine...... 370 Humpback whale, Central North Pacific.\1\
TRAWL FISHERIES:
AK Bering Sea, Aleutian Islands 34 Bearded seal, AK.
flatfish trawl.
............... Harbor porpoise, Bering Sea.
............... Harbor seal, Bering Sea.
............... Killer whale, AK resident.\1\
............... Northern fur seal, Eastern Pacific.
............... Spotted seal, AK.
............... Steller sea lion, Western U.S.\1\
............... Walrus, AK.
AK Bering Sea, Aleutian Islands 95 Dall's porpoise, AK.
pollock trawl.
............... Harbor seal, AK.
............... Humpback whale, Central North Pacific.
............... Humpback whale, Western North Pacific.
............... Killer whale, Eastern North Pacific, GOA, Aleutian
Islands, and Bering Sea transient.\1\
............... Minke whale, AK.
............... Ribbon seal, AK.
............... Spotted seal, AK.
............... Steller sea lion, Western U.S.\1\
POT, RING NET, AND TRAP FISHERIES:
[[Page 36334]]
AK Bering Sea sablefish pot....... 6 Humpback whale, Central North Pacific.\1\
............... Humpback whale, Western North Pacific.\1\
CA spot prawn pot................. 27 Gray whale, Eastern North Pacific.
............... Humpback whale, CA/OR/WA.\1\
CA Dungeness crab pot............. 534 Gray whale, Eastern North Pacific.
............... Humpback whale, CA/OR/WA.\1\
OR Dungeness crab pot............. 433 Gray whale, Eastern North Pacific.
............... Humpback whale, CA/OR/WA.\1\
WA/OR/CA sablefish pot............ 309 Humpback whale, CA/OR/WA.\1\
WA coastal Dungeness crab pot/trap 228 Gray whale, Eastern North Pacific.
............... Humpback whale, CA/OR/WA.\1\
LONGLINE/SET LINE FISHERIES:
HI shallow-set (swordfish target) 28 Bottlenose dolphin, HI Pelagic.\1\
longline/set line *.
............... Bryde's whale, HI.
............... False killer whale, HI Pelagic.
............... Humpback whale, Central North Pacific.
............... Kogia sp. whale (Pygmy or dwarf sperm whale), HI.
............... Risso's dolphin, HI.
............... Striped dolphin, HI.
American Samoa longline \2\....... 60 False killer whale, American Samoa.
............... Rough-toothed dolphin, American Samoa.
HI shortline \2\.................. 21 None documented.
AK Bering Sea, Aleutian Islands 54 Killer whale, AK resident.\1\
Pacific cod longline.
............... Ribbon seal, AK.
............... Steller sea lion, Western U.S.
----------------------------------------------------------------------------------------------------------------
CATEGORY III
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, Norton Sound, 824 Harbor porpoise, Bering Sea.
Kotzebue salmon gillnet.
AK miscellaneous finfish set 3 Steller sea lion, Western U.S.
gillnet.
AK Prince William Sound salmon set 30 Harbor seal, GOA.
gillnet.
............... Steller sea lion, Western U.S.
AK roe herring and food/bait 986 None documented.
herring gillnet.
CA set gillnet (mesh size <3.5 in) 304 None documented.
CA/OR thresher shark/swordfish 45 California sea lion, U.S.
drift gillnet (>=14 in mesh) *.
............... Long-beaked common dolphin, CA.
............... Northern elephant seal, CA breeding.
............... Northern right-whale dolphin, CA/OR/WA.
............... Pacific white-sided dolphin, CA/OR/WA.
............... Risso's dolphin, CA/OR/WA.
............... Short-beaked common dolphin, CA/OR/WA.
HI inshore gillnet................ 39 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) drift
gillnet.
............... Harbor seal, OR/WA coast.
WA Willapa Bay drift gillnet...... 82 Harbor seal, OR/WA coast.
............... Northern elephant seal, CA breeding.
PURSE SEINE, BEACH SEINE, ROUND HAUL,
THROW NET AND TANGLE NET FISHERIES:
AK Southeast salmon purse seine... 415 None documented in recent years.
AK Metlakatla salmon purse seine.. 10 None documented.
AK miscellaneous finfish beach 1 None documented.
seine.
AK miscellaneous finfish purse 0 None documented.
seine.
AK octopus/squid purse seine...... 0 None documented.
AK roe herring and food/bait 4 None documented.
herring beach seine.
AK roe herring and food/bait 361 None documented.
herring purse seine.
AK salmon beach seine............. 31 None documented.
AK salmon purse seine (excluding 936 Harbor seal, GOA.
salmon purse seine fisheries
listed as Category II).
[[Page 36335]]
CA anchovy, mackerel, sardine 65 California sea lion, U.S.
purse seine.
............... Harbor seal, CA.
CA squid purse seine.............. 65 Long-beaked common dolphin, CA.
............... Short-beaked common dolphin, CA/OR/WA.
CA tuna purse seine *............. 10 None documented.
WA/OR sardine purse seine......... 42 None documented.
WA (all species) beach seine or 235 None documented.
drag seine.
WA/OR herring, smelt, squid purse 130 None documented.
seine or lampara.
WA salmon purse seine............. 440 None documented.
WA salmon reef net................ 53 None documented.
HI opelu/akule net................ 20 None documented.
HI inshore purse seine............ 8 None documented.
HI throw net, cast net............ 28 None documented.
HI hukilau net.................... 36 None documented.
HI lobster tangle net............. 2 None documented.
DIP NET FISHERIES:
CA squid dip net.................. 115 None documented.
WA/OR smelt, herring dip net...... 119 None documented.
MARINE AQUACULTURE FISHERIES:
CA marine shellfish aquaculture... unknown None documented.
CA salmon enhancement rearing pen. >1 None documented.
CA white seabass enhancement net 13 California sea lion, U.S.
pens.
HI offshore pen culture........... 2 None documented.
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 1,302 None documented.
bottom fish, WA/OR/CA albacore, (102 AK)
groundfish, bottom fish, CA
halibut non-salmonid troll
fisheries *.
AK salmon troll................... 2,045 Steller sea lion, Eastern U.S.
............... Steller sea lion, Western U.S.
American Samoa tuna troll......... <50 None documented.
CA/OR/WA salmon troll............. 4,300 None documented.
Commonwealth of the Northern 88 None documented.
Mariana Islands tuna troll.
Guam tuna troll................... 401 None documented.
HI trolling, rod and reel......... 2,210 None documented.
LONGLINE/SET LINE FISHERIES:
AK Bering Sea, Aleutian Islands 29 Killer whale, AK resident.
Greenland turbot longline.
AK Bering Sea, Aleutian Islands 0 None documented.
rockfish longline.
AK Bering Sea, Aleutian Islands 28 None documented.
sablefish longline.
AK Gulf of Alaska halibut longline 1,302 None documented.
AK Gulf of Alaska Pacific cod 440 None documented.
longline.
AK Gulf of Alaska rockfish 0 None documented.
longline.
AK Gulf of Alaska sablefish 291 Sperm whale, North Pacific.
longline.
............... Steller sea lion, Eastern U.S.
AK halibut longline/set line 2,521 Steller sea lion, Western U.S.
(State and Federal waters).
AK octopus/squid longline......... 2 None documented.
AK State-managed waters longline/ 1,448 None documented.
setline (including sablefish,
rockfish, lingcod, and
miscellaneous finfish).
WA/OR/CA groundfish, bottomfish 367 None documented.
longline/set line.
WA/OR North Pacific halibut 350 None documented.
longline/set line.
CA pelagic longline............... 6 None documented in recent years.
HI kaka line...................... 28 None documented.
HI vertical longline.............. 18 None documented.
TRAWL FISHERIES:
AK Bering Sea, Aleutian Islands 9 Steller sea lion, Western U.S.
Atka mackerel trawl.
AK Bering Sea, Aleutian Islands 93 Harbor seal, Bering Sea.
Pacific cod trawl.
............... Steller sea lion, Western U.S.
AK Bering Sea, Aleutian Islands 10 None documented.
rockfish trawl.
AK Gulf of Alaska flatfish trawl.. 41 None documented.
AK Gulf of Alaska Pacific cod 62 Steller sea lion, Western U.S.
trawl.
AK Gulf of Alaska pollock trawl... 62 Fin whale, Northeast Pacific.
............... Northern elephant seal, North Pacific.
............... Steller sea lion, Western U.S.
AK Gulf of Alaska rockfish trawl.. 34 None documented.
AK food/bait herring trawl........ 4 None documented.
AK miscellaneous finfish otter/ 317 None documented.
beam trawl.
AK shrimp otter trawl and beam 32 None documented.
trawl (statewide and Cook Inlet).
AK State-managed waters of Cook 2 None documented.
Inlet, Kachemak Bay, Prince
William Sound, Southeast AK
groundfish trawl.
[[Page 36336]]
CA halibut bottom trawl........... 53 None documented.
WA/OR/CA shrimp trawl............. 300 None documented.
WA/OR/CA groundfish trawl......... 160-180 California sea lion, U.S.
............... Dall's porpoise, CA/OR/WA.
............... Harbor seal, OR/WA coast.
............... Northern fur seal, Eastern Pacific.
............... Pacific white-sided dolphin, CA/OR/WA.
............... Steller sea lion, Eastern U.S.
POT, RING NET, AND TRAP FISHERIES:
AK statewide miscellaneous finfish 293 None documented.
pot.
AK Aleutian Islands sablefish pot. 8 None documented.
AK Bering Sea, Aleutian Islands 68 None documented.
Pacific cod pot.
AK Bering Sea, Aleutian Islands 297 None documented.
crab pot.
AK Gulf of Alaska crab pot........ 300 None documented.
AK Gulf of Alaska Pacific cod pot. 154 Harbor seal, GOA.
AK Southeast Alaska crab pot...... 433 Humpback whale, Central North Pacific (Southeast AK).
AK Southeast Alaska shrimp pot.... 283 Humpback whale, Central North Pacific (Southeast AK).
AK shrimp pot, except Southeast... 15 None documented.
AK octopus/squid pot.............. 27 None documented.
AK snail pot...................... 1 None documented.
CA coonstripe shrimp, rock crab, 305 Gray whale, Eastern North Pacific.
tanner crab pot or trap.
............... Harbor seal, CA.
CA spiny lobster.................. 225 Gray whale, Eastern North Pacific.
OR/CA hagfish pot or trap......... 54 None documented.
WA/OR shrimp pot/trap............. 254 None documented.
WA Puget Sound Dungeness crab pot/ 249 None documented.
trap.
HI crab trap...................... 9 None documented.
HI fish trap...................... 11 None documented.
HI lobster trap................... 3 Hawaiian monk seal.
HI shrimp trap.................... 1 None documented.
HI crab net....................... 8 None documented.
HI Kona crab loop net............. 41 None documented.
HANDLINE AND JIG FISHERIES:
AK miscellaneous finfish handline/ 445 None documented.
hand troll and mechanical jig.
AK North Pacific halibut handline/ 228 None documented.
hand troll and mechanical jig.
AK octopus/squid handline......... 0 None documented.
American Samoa bottomfish......... <50 None documented.
Commonwealth of the Northern <50 None documented.
Mariana Islands bottomfish.
Guam bottomfish................... 200 None documented.
HI aku boat, pole, and line....... 6 None documented.
HI Main Hawaiian Islands deep-sea 580 Hawaiian monk seal.
bottomfish handline.
HI inshore handline............... 460 None documented.
HI tuna handline.................. 531 None documented.
WA groundfish, bottomfish jig..... 679 None documented.
Western Pacific squid jig......... 6 None documented.
HARPOON FISHERIES:
CA swordfish harpoon.............. 30 None documented.
POUND NET/WEIR FISHERIES:
AK herring spawn on kelp pound net 415 None documented.
AK Southeast herring roe/food/bait 6 None documented.
pound net.
WA herring brush weir............. 1 None documented.
HI bullpen trap................... 4 None documented.
BAIT PENS:
WA/OR/CA bait pens................ 13 California sea lion, U.S.
DREDGE FISHERIES:
Coastwide scallop dredge.......... 108 (12 AK) None documented.
DIVE, HAND/MECHANICAL COLLECTION
FISHERIES:
AK abalone........................ 0 None documented.
AK clam........................... 156 None documented.
WA herring spawn on kelp.......... 4 None documented.
AK Dungeness crab................. 2 None documented.
AK herring spawn on kelp.......... 266 None documented.
AK urchin and other fish/shellfish 570 None documented.
CA abalone........................ 0 None documented.
CA sea urchin..................... 583 None documented.
HI black coral diving............. 1 None documented.
HI fish pond...................... N/A None documented.
[[Page 36337]]
HI handpick....................... 53 None documented.
HI lobster diving................. 36 None documented.
HI spearfishing................... 163 None documented.
WA/CA kelp........................ 4 None documented.
WA/OR sea urchin, other clam, 637 None documented.
octopus, oyster, sea cucumber,
scallop, ghost shrimp hand, dive,
or mechanical collection.
WA shellfish aquaculture.......... 684 None documented.
COMMERCIAL PASSENGER FISHING VESSEL
(CHARTER BOAT) FISHERIES:
AK/WA/OR/CA commercial passenger >7,000 Killer whale, stock unknown.
fishing vessel. (2,702 AK)
............... Steller sea lion, Eastern U.S.
............... Steller sea lion, Western U.S.
HI charter vessel................. 114 None documented.
LIVE FINFISH/SHELLFISH FISHERIES:
CA nearshore finfish live trap/ 93 None documented.
hook-and-line.
----------------------------------------------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK--Alaska; CA--California; GOA--Gulf of Alaska; HI--Hawaii;
OR--Oregon; WA--Washington.
\1\ Fishery classified based on serious injuries and mortalities of this stock, which are greater than 50
percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock's PBR.
\2\ Fishery classified by analogy.
* Fishery has an associated high seas component listed in Table 3.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean
----------------------------------------------------------------------------------------------------------------
Estimated No.
Fishery description of vessels/ Marine mammal species and stocks incidentally killed or injured
persons
----------------------------------------------------------------------------------------------------------------
CATEGORY I
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
Mid-Atlantic gillnet..... 5,495 Bottlenose dolphin, Northern Migratory coastal\1\
............... Bottlenose dolphin, Southern Migratory coastal.\1\
............... Bottlenose dolphin, Northern NC estuarine system.\1\
............... Bottlenose dolphin, Southern NC estuarine system.\1\
............... Bottlenose dolphin, WNA offshore.
............... Common dolphin, WNA.
............... Gray seal, WNA.
............... Harbor porpoise, GME/BF.
............... Harbor seal, WNA.
............... Harp seal, WNA.
............... Humpback whale, Gulf of Maine.
............... Long-finned pilot whale, WNA.
............... Minke whale, Canadian east coast.
............... Short-finned pilot whale, WNA.
............... White-sided dolphin, WNA.
Northeast sink gillnet... 7,712 Bottlenose dolphin, WNA offshore.
............... Common dolphin, WNA.
............... Fin whale, WNA.
............... Gray seal, WNA.
............... Harbor porpoise, GME/BF.\1\
............... Harbor seal, WNA.
............... Harp seal, WNA.
............... Hooded seal, WNA.
............... Humpback whale, Gulf of Maine.
............... Minke whale, Canadian east coast.
............... North Atlantic right whale, WNA.
............... Risso's dolphin, WNA.
............... White-sided dolphin, WNA.
TRAP/POT FISHERIES:
Northeast/Mid-Atlantic 12,489 Harbor seal, WNA.
American lobster trap/ Humpback whale, Gulf of Maine.
pot.
............... Minke whale, Canadian east coast.
............... North Atlantic right whale, WNA.\1\
LONGLINE FISHERIES:
Atlantic Ocean, 94 Atlantic spotted dolphin, Northern GMX.
Caribbean, Gulf of Atlantic spotted dolphin, WNA.
Mexico large pelagics
longline*.
............... Bottlenose dolphin, Northern GMX oceanic.
............... Bottlenose dolphin, Northern GMX continental shelf.
............... Bottlenose dolphin, WNA offshore.
[[Page 36338]]
............... Common dolphin, WNA.
............... Cuvier's beaked whale, WNA.
............... Long-finned pilot whale, WNA.\1\
............... Mesoplodon beaked whale, WNA.
............... Northern bottlenose whale, WNA.
............... Pantropical spotted dolphin, Northern GMX.
............... Pantropical spotted dolphin, WNA.
............... Risso's dolphin, Northern GMX.
............... Risso's dolphin, WNA.
............... Short-finned pilot whale, Northern GMX.
............... Short-finned pilot whale, WNA.\1\
----------------------------------------------------------------------------------------------------------------
CATEGORY II
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
Chesapeake Bay inshore 1,167 None documented in recent years.
gillnet \2\.
Gulf of Mexico gillnet 724 Bottlenose dolphin, Eastern GMX coastal.
\2\.
............... Bottlenose dolphin, GMX bay, sound, and estuarine.
............... Bottlenose dolphin, Northern GMX coastal.
............... Bottlenose dolphin, Western GMX coastal.
NC inshore gillnet....... 2,250 Bottlenose dolphin, Northern NC estuarine system.\1\
............... Bottlenose dolphin, Southern NC estuarine system.\1\
Northeast anchored float 662 Harbor seal, WNA.
gillnet \2\. Humpback whale, Gulf of Maine.
............... White-sided dolphin, WNA.
Northeast drift gillnet 608 None documented.
\2\.
Southeast Atlantic 779 Bottlenose dolphin, Southern Migratory coastal.
gillnet \2\.
............... Bottlenose dolphin, GA coastal.
............... Bottlenose dolphin, Central FL coastal.
............... Bottlenose dolphin, Northern FL coastal.
............... Bottlenose dolphin, SC coastal.
Southeastern U.S. 30 Atlantic spotted dolphin, WNA.
Atlantic shark gillnet. Bottlenose dolphin, Central FL coastal.\1\
............... North Atlantic right whale, WNA.
TRAWL FISHERIES:
Mid-Atlantic mid-water 546 Bottlenose dolphin, WNA offshore.
trawl (including pair Common dolphin, WNA.
trawl).
............... Long-finned pilot whale, WNA.
............... Risso's dolphin, WNA.
............... Short-finned pilot whale, WNA.
............... White-sided dolphin, WNA.\1\
Mid-Atlantic bottom trawl 1,182 Bottlenose dolphin, WNA offshore.
............... Common dolphin, WNA.\1\
............... Long-finned pilot whale, WNA.\1\
............... Short-finned pilot whale, WNA.\1\
............... White-sided dolphin, WNA.
Northeast mid-water trawl 953 Harbor seal, WNA.
(including pair trawl). Long-finned pilot whale, WNA.\1\
............... Short-finned pilot whale, WNA.\1\
............... White-sided dolphin, WNA.
Northeast bottom trawl... 1,635 Common dolphin, WNA.
............... Harbor porpoise, GME/BF.
............... Harbor seal, WNA.
............... Harp seal, WNA.
............... Long-finned pilot whale, WNA.
............... Short-finned pilot whale, WNA.
............... White-sided dolphin, WNA.\1\
Southeastern U.S. 4,950 Atlantic spotted dolphin, Northern GMX.
Atlantic, Gulf of Mexico Bottlenose dolphin, GA coastal.\1\
shrimp trawl. Bottlenose dolphin, SC coastal.\1\
............... Bottlenose dolphin, Eastern GMX coastal.\1\
............... Bottlenose dolphin, Western GMX coastal.\1\
............... Bottlenose dolphin, GMX bay, sound, estuarine.\1\
............... West Indian manatee, FL.
TRAP/POT FISHERIES:
Atlantic blue crab trap/ 6,479 Bottlenose dolphin, Charleston estuarine system.\1\
pot.
............... Bottlenose dolphin, Indian River Lagoon estuarine system.\1\
............... Bottlenose dolphin, Jacksonville estuarine system.\1\
[[Page 36339]]
............... Bottlenose dolphin, GA coastal.\1\
............... Bottlenose dolphin, Northern GA/Southern SC estuarine system.\1\
............... Bottlenose dolphin, Southern GA estuarine system.\1\
............... Bottlenose dolphin, Northern Migratory coastal.\1\
............... Bottlenose dolphin, Southern Migratory coastal.\1\
............... Bottlenose dolphin, Central FL coastal.\1\
............... Bottlenose dolphin, Northern FL coastal.\1\
............... Bottlenose dolphin, Northern NC estuarine system.\1\
............... Bottlenose dolphin, Southern NC estuarine system.\1\
............... Bottlenose dolphin, SC coastal.\1\
............... West Indian manatee, FL.\1\
Atlantic mixed species 1,912 Fin whale, WNA.
trap/pot \2\. Humpback whale, Gulf of Maine.
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden 40-42 Bottlenose dolphin, Eastern GMX coastal.
purse seine. Bottlenose dolphin, GMX bay, sound, estuarine.
............... Bottlenose dolphin, Northern GMX coastal.\1\
............... Bottlenose dolphin, Western GMX coastal.\1\
Mid-Atlantic menhaden 54 Bottlenose dolphin, Northern Migratory coastal.
purse seine \2\. Bottlenose dolphin, Southern Migratory coastal.
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach 666 Bottlenose dolphin, Northern NC estuarine system.\1\
seine.
............... Bottlenose dolphin, Northern Migratory coastal.\1\
............... Bottlenose dolphin, Southern Migratory coastal.\1\
NC long haul seine....... 372 Bottlenose dolphin, Northern NC estuarine system.\1\
STOP NET FISHERIES:
NC roe mullet stop net... 13 Bottlenose dolphin, Southern NC estuarine system.\1\
POUND NET FISHERIES:
VA pound net............. 52 Bottlenose dolphin, Northern Migratory coastal.\1\
............... Bottlenose dolphin, Southern Migratory coastal.\1\
----------------------------------------------------------------------------------------------------------------
CATEGORY III
----------------------------------------------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet........ >991 Dwarf sperm whale, WNA.
............... West Indian manatee, Antillean.
DE River inshore gillnet. 60 None documented in recent years.
Long Island Sound inshore 20 None documented in recent years.
gillnet.
RI, southern MA (to 32 None documented in recent years.
Monomoy Island), and NY
Bight (Raritan and Lower
NY Bays) inshore gillnet.
Southeast Atlantic U None documented.
inshore gillnet.
TRAWL FISHERIES:
Atlantic shellfish bottom >67 None documented.
trawl.
Gulf of Mexico butterfish 2 Bottlenose dolphin, Northern GMX oceanic.
trawl.
............... Bottlenose dolphin, Northern GMX continental shelf.
Gulf of Mexico mixed 20 None documented.
species trawl.
GA cannonball jellyfish 1 None documented.
trawl.
MARINE AQUACULTURE FISHERIES:
Finfish aquaculture...... 48 Harbor seal, WNA.
Shellfish aquaculture.... U None documented.
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic >7 Harbor seal, WNA.
herring purse seine. Gray seal, WNA.
Gulf of Maine menhaden >2 None documented.
purse seine.
FL West Coast sardine 10 Bottlenose dolphin, Eastern GMX coastal.
purse seine.
U.S. Atlantic tuna purse 5 Long-finned pilot whale, WNA.
seine*. Short-finned pilot whale, WNA.
LONGLINE/HOOK-AND-LINE
FISHERIES:
Northeast/Mid-Atlantic 1,183 None documented in recent years.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- >403 Humpback whale, Gulf of Maine.
Atlantic tuna, shark
swordfish hook-and-line/
harpoon.
Southeastern U.S. >5,000 None documented.
Atlantic, Gulf of
Mexico, and Caribbean
snapper-grouper and
other reef fish bottom
longline/hook-and-line.
Southeastern U.S. <125 Bottlenose dolphin, Eastern GMX coastal.
Atlantic, Gulf of Mexico Bottlenose dolphin, Northern GMX continental shelf.
shark bottom longline/
hook-and-line.
Southeastern U.S. 1,446 None documented.
Atlantic, Gulf of
Mexico, and Caribbean
pelagic hook-and-line/
harpoon.
U.S. Atlantic, Gulf of U None documented.
Mexico trotline.
[[Page 36340]]
TRAP/POT FISHERIES
Caribbean mixed species >501 None documented.
trap/pot.
Caribbean spiny lobster >197 None documented.
trap/pot.
FL spiny lobster trap/pot 2,145 Bottlenose dolphin, Biscayne Bay estuarine.
............... Bottlenose dolphin, Eastern GMX coastal.
............... Bottlenose dolphin, FL Bay estuarine.
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 U None documented.
species trap/pot.
Southeastern U.S. 10 None documented.
Atlantic, Gulf of Mexico
golden crab trap/pot.
Southeastern U.S. 4,453 Bottlenose dolphin, Biscayne Bay estuarine.
Atlantic, Gulf of Mexico
stone crab trap/pot.
U.S. Mid-Atlantic eel >700 None documented.
trap/pot.
STOP SEINE/WEIR/POUND NET
FISHERIES:
Gulf of Maine herring and U Gray seal, Northwest North Atlantic.
Atlantic mackerel stop Harbor porpoise, GME/BF.
seine/weir.
............... Harbor seal, WNA.
............... Minke whale, Canadian East Coast.
............... White-sided dolphin, WNA.
U.S. Mid-Atlantic crab 2,600 None documented.
stop seine/weir.
U.S. Mid-Atlantic mixed U Bottlenose dolphin, Northern NC estuarine system.
species stop seine/weir/
pound net (except the NC
roe mullet stop net).
DREDGE FISHERIES:
Gulf of Maine mussel U None documented.
dredge.
Gulf of Maine, U.S. Mid- 258 None documented.
Atlantic sea scallop
dredge.
U.S. Mid-Atlantic/Gulf of 7,000 None documented.
Mexico oyster dredge.
U.S. Mid-Atlantic U None documented.
offshore surf clam and
quahog dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach 15 West Indian manatee, Antillean.
seine.
Gulf of Mexico haul/beach U None documented.
seine.
Southeastern U.S. 25 None documented.
Atlantic haul/beach
seine.
DIVE, HAND/MECHANICAL
COLLECTION FISHERIES:
Atlantic Ocean, Gulf of 20,000 None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin U None documented.
dive, hand/mechanical
collection.
Gulf of Mexico, Southeast U None documented.
Atlantic, Mid-Atlantic,
and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
Atlantic Ocean, Gulf of 4,000 Bottlenose dolphin, Eastern GMX coastal.
Mexico, Caribbean Bottlenose dolphin, Northern GMX coastal.
commercial passenger
fishing vessel.
............... Bottlenose dolphin, Western GMX coastal.
............... Bottlenose dolphin, Biscayne Bay estuarine.
............... Bottlenose dolphin, Indian River Lagoon estuarine system.
............... Bottlenose dolphin, Southern NC estuarine system.
----------------------------------------------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/
Bay of Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; SC--South Carolina; VA--Virginia;
WNA--Western North Atlantic.
\1\ Fishery classified based on serious injuries and mortalities of this stock, which are greater than 50
percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock's PBR.
\2\ Fishery classified by analogy.
* Fishery has an associated high seas component listed in Table 3.
BILLING CODE 3510-22-P
[[Page 36341]]
[GRAPHIC] [TIFF OMITTED] TP25JN10.000
[[Page 36342]]
[GRAPHIC] [TIFF OMITTED] TP25JN10.001
[[Page 36343]]
[GRAPHIC] [TIFF OMITTED] TP25JN10.002
[[Page 36344]]
[GRAPHIC] [TIFF OMITTED] TP25JN10.003
BILLING CODE 3510-22-C
[[Page 36345]]
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 would not have a significant economic
impact on a substantial number of small entities. The factual basis
leading to the certification is set forth below.
Under existing regulations, all individuals participating in
Category I or II fisheries must register under the MMPA and obtain an
Authorization Certificate. The Authorization Certificate authorizes the
taking of non-endangered and non-threatened marine mammals incidental
to commercial fishing operations. Additionally, individuals may be
subject to a Take Reduction Plan (TRP) and requested to carry an
observer. NMFS has estimated that approximately 72,000 fishing vessels,
most of which are small entities, may operate in Category I or II
fisheries, and therefore, are required to register with NMFS. The MMPA
registration process is integrated with existing state and Federal
licensing, permitting, and registration programs. Therefore,
individuals who have a state or Federal fishing permit or landing
license, or who are authorized through another related state or Federal
fishery registration program, are currently not required to register
separately under the MMPA or pay the $25 registration fee. Therefore,
there are no direct costs to small entities under this proposed rule.
If a vessel is requested to carry an observer, individuals will not
incur any direct economic costs associated with carrying that observer.
Potential indirect costs to individuals required to take observers may
include: Lost space on deck for catch, lost bunk space, and lost
fishing time due to time needed to process bycatch data. For effective
monitoring, however, observers will rotate among a limited number of
vessels in a fishery at any given time and each vessel within an
observed fishery has an equal probability of being requested to
accommodate an observer. Therefore, the potential indirect costs to
individuals are expected to be minimal because observer coverage would
only be required for a small percentage of an individual's total annual
fishing time. In addition, section 118 of the MMPA states that an
observer will not be placed on a vessel if the facilities for
quartering an observer or performing observer functions are inadequate
or unsafe, thereby exempting vessels too small to accommodate an
observer from this requirement. As a result of this certification, an
initial regulatory flexibility analysis is not required and was not
prepared. In the event that reclassification of a fishery to Category I
or II results in a TRP, economic analyses of the effects of that plan
would be summarized in subsequent rulemaking actions.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. The collection of information
for the registration of individuals under the MMPA has been approved by
the Office of Management and Budget (OMB) under OMB control number
0648-0293 (0.15 hours per report for new registrants and 0.09 hours per
report for renewals). The requirement for reporting marine mammal
injuries or mortalities has been approved by OMB under OMB control
number 0648-0292 (0.15 hours per report). These estimates include the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing burden, to NMFS and OMB (see
ADDRESSES and SUPPLEMENTARY INFORMATION).
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 proposed 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 in June 1995. NMFS revised that EA relative to
classifying U.S. commercial fisheries on the LOF in December 2005. Both
the 1995 EA and the 2005 EA concluded that implementation of MMPA
section 118 regulations would not have a significant impact on the
human environment. This proposed rule would not make any significant
change in the management of reclassified fisheries, and therefore, this
proposed rule is not expected to change the analysis or conclusion of
the 2005 EA. The Council of Environmental Quality (CEQ) recommends
agencies review EAs every five years; therefore, NMFS reviewed the 2005
EA in 2009. NMFS concluded that, because there have been no changes to
the process used to develop the LOF and implement section 118 of the
MMPA (including no new alternatives and no additional or new impacts on
the human environment), there is no need to update the 2005 EA at this
time. If NMFS takes a management action, for example, through the
development of a TRP, NMFS would first prepare an environmental
document, as required under NEPA, specific to that action.
This proposed rule would not affect species listed as threatened or
endangered under the Endangered Species Act (ESA) or their associated
critical habitat. The impacts of numerous fisheries have been analyzed
in various biological opinions, and this proposed rule will not affect
the conclusions of those opinions. The classification of fisheries on
the LOF is not considered to be a management action that would
adversely affect threatened or endangered species. If NMFS takes a
management action, for example, through the development of a TRP, NMFS
would conduct consultation under ESA section 7 for that action.
This proposed rule would 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, stranding and
sighting data, or take reduction teams.
This proposed rule would 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: June 18, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-15318 Filed 6-24-10; 8:45 am]
BILLING CODE 3510-22-P