99-4442. Final List of Fisheries for 1999; Update of Regulations Authorizing Commercial Fisheries Under the Marine Mammal Protection Act

[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Rules and Regulations]
[Pages 9067-9088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 980724195-9038-02; I.D. 070798F]
RIN 0648-AK95


Final List of Fisheries for 1999; Update of Regulations 
Authorizing Commercial Fisheries Under the Marine Mammal Protection Act

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

ACTION: Final rule.

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SUMMARY: NMFS is publishing its final List of Fisheries (LOF) for 1999 
as required by the Marine Mammal Protection Act (MMPA). In addition, 
NMFS is amending the regulations implementing section 118 of the MMPA 
by clarifying and updating existing regulations. The final LOF for 1999 
reflects new information on interactions between commercial fisheries 
and marine mammals. Under the MMPA, NMFS must place a commercial 
fishery on the LOF into one of three categories based upon the level of 
serious injury and mortality of marine mammals that occurs incidental 
to that fishery. The categorization of a fishery in the LOF determines 
whether participants in that fishery are subject to certain provisions 
of the MMPA, such as registration, observer coverage, and take 
reduction plan requirements.

DATES: The amendments to 50 CFR part 229 are effective on February 24, 
1999. Changes to the List of Fisheries for 1999 are effective on March 
26, 1999.

ADDRESSES: You may obtain registration information and materials and 
marine mammal reporting forms from the following regional offices:
    NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Sandra Arvilla;
    NMFS, Southeast Region, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702, Attn: Joyce Mochrie;
    NMFS, Southwest Region, Protected Species Management Division, 501 
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Don 
Peterson;
    NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115, 
Attn: Permits Office;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Ursula Jorgensen.

[[Page 9068]]

    You may send comments regarding the burden-hour estimates or any 
other aspect of the collection of information requirements contained in 
this final rule to Chief, Marine Mammal Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 and to 
the Office of Information and Regulatory Affairs, OMB, Attention: NOAA 
Desk Officer, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Cathy Eisele, Office of Protected 
Resources, 301-713-2322; Kim Thounhurst, Northeast Region, 978-281-
9138; Kathy Wang, Southeast Region, 727-570-5312; Irma Lagomarsino, 
Southwest Region, 562-980-4016; Brent Norberg, Northwest Region, 206-
526-6733; Brian Fadely, Alaska Region, 907-586-7642. Individuals who 
use a telecommunications device for the deaf may call the Federal 
Information Relay Service at 1-800-877-8339 between 8:00 a.m. and 4:00 
p.m. Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

What Is the List of Fisheries?

    Under section 118 of the MMPA, NMFS (we) must publish, at least 
annually, an LOF that places all U.S. commercial fisheries into one of 
three categories based on the level of incidental serious injury and 
mortality of marine mammals that occurs incidental to that fishery. The 
categorization of a fishery in the LOF determines whether participants 
in that fishery (you) are subject to certain provisions of the MMPA, 
such as registration, observer coverage, and take reduction plan 
requirements.

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

    You can find the definitions for the fishery classification 
criteria for Category I, II, and III fisheries in the implementing 
regulations for section 118 of the MMPA (50 CFR part 229). In addition, 
these definitions are summarized in the preambles to the final rule 
implementing section 118 (60 FR 45086, August 30, 1995), the final LOF 
for 1996 (60 FR 67063, December 28, 1995), and the proposed LOF for 
1999 (63 FR 42803, August 11, 1998).

How Do I Find Out Which Category a Specific Fishery Is In?

    This final rule includes two tables that list all U.S. commercial 
fisheries by category. Table 1 to the preamble of this document is a 
listing of all fisheries in the Pacific Ocean (including Alaska). Table 
2 to the preamble of this document is a listing of all fisheries in the 
Atlantic Ocean, Gulf of Mexico, and Caribbean.
    Under section 118 of the MMPA, we must include all U.S. commercial 
fisheries on the LOF. You should contact one of the Regional Offices if 
you are aware of a fishery that is not included in these tables.

Am I Required To Register Under the MMPA?

    If you are an owner of a vessel or gear engaging in a Category I or 
II fishery, you are required under 50 CFR 229.4 to obtain a marine 
mammal authorization from us in order to lawfully incidentally take a 
marine mammal in a commercial fishery.

How Do I Register?

    If you participate in a fishery that does not have an integrated 
registration program, you must register through one of our Regional 
Offices (see ADDRESSES). The fee for obtaining a new or renewed 
authorization each year is $25. Upon receipt of a completed 
registration, we will issue vessel or gear owners a decal to display on 
their vessel and an authorization certificate that must be in the 
possession of the operator while fishing. The procedures and fees 
associated with registration differ between Regions. Special procedures 
and instructions for registration in these Regions are described in the 
preamble to the final LOF for 1998 (63 FR 5748, February 4, 1998).
    For some fisheries, we have integrated the MMPA registration 
process with existing state and Federal fishery license, registration, 
or permit systems and related programs. Participants in these fisheries 
are registered automatically under the MMPA and are not required to pay 
the $25 registration fee.

Which Fisheries Have Integrated Registration Programs?

    We have implemented integrated registration programs in the Alaska 
Region, Northwest Region, and Northeast Region. The following fisheries 
have integrated registration programs under the MMPA: all Alaska 
Category II fisheries; all Washington and Oregon Category II fisheries; 
and three Atlantic fisheries (the Gulf of Maine, U.S. mid-Atlantic 
lobster fishery, the Atlantic squid, mackerel, butterfish trawl 
fishery; and the Northeast sink gillnet fishery). Special procedures 
and instructions for registration in these integrated fisheries are 
described in the preamble to the final LOF for 1998 (63 FR 5748, 
February 4, 1998).

How Do I Renew My Registration Under the MMPA?

    The Regional Offices send annually renewal packets to participants 
in Category I or II fisheries that have previously registered with us; 
however, it is your responsibility to ensure that your registration or 
renewal forms are submitted to us at least 30 days in advance of 
fishing. If you have not received a renewal packet by January 1, or are 
registering for the first time, you should request a registration form 
from the appropriate Regional Office (see ADDRESSES).

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

    If you are a vessel owner or operator, or fisher (in the case of 
non-vessel fisheries), participating in a Category I, II, or III 
fishery, you must comply with 50 CFR 229.6 and report all incidental 
injuries or mortalities of marine mammals that occur during commercial 
fishing operations. You can find instructions for how to submit reports 
at 50 CFR 229.6(a).

Am I Required To Take an Observer Aboard My Vessel?

    If you are a fisher participating in a Category I or II fishery, 
you are required to accommodate an observer aboard your vessel(s). You 
can find the observer requirements at 50 CFR 229.7.

Comments and Responses

    We received nine letters of comment on the proposed LOF for 1999 
during the 90-day public comment period.

Comments on Fisheries in the Southwest Region: Comments on the Hawaii 
Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks Longline/
Set Line Fishery

    Comment 1: Two commenters believe that NMFS should recategorize the 
Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks 
Longline/Set Line Fishery from Category III to Category II. The fact 
that NMFS has not conducted surveys necessary to determine stock 
abundance and distribution, and therefore to calculate Potential 
Biological Removal (PBR) levels for Hawaiian stocks should not be used 
as a rationale for failing to classify fisheries that interact with 
animals as Category I or II fisheries.
    Given that there is no PBR level calculated for Risso's dolphins, 
that there are fishery interactions that have not been quantified 
because there is no definition of serious injury available, and that 
there is a complete lack of

[[Page 9069]]

observer coverage in other fisheries (e.g., gillnet and purse seine 
operations) that may interact with this stock, the commenters are 
concerned that this might be a Category I fishery.
    Another commenter adds that NMFS has data that demonstrate observed 
mortality, has guidance from experts on what constitutes serious 
injury, and has the recommendation of the Pacific Scientific Review 
Group (SRG) to support a reclassification of this fishery to a Category 
II fishery.
    Response: We recognize that takes of marine mammals are occurring 
incidental to the operations of the Hawaii swordfish, tuna, billfish, 
mahi mahi, wahoo, oceanic sharks longline/set line fishery; however, 
there is significant uncertainty regarding the level of interactions 
that are occurring, the specific stocks that are involved, and the 
number of injured animals that die as a result of their interaction 
with this fishery. Because information regarding incidental takes in 
this fishery became available in only summer 1998, we have not been 
able to fully assess the categorization of this fishery in developing 
the LOF for 1999.
    We have expanded observer coverage in this fishery and are in the 
process of developing expanded take estimates for this fishery. We plan 
to conduct a thorough review of these estimates and of incidental 
marine mammal injury information in the development of the proposed LOF 
for 2000 (see response to Comment 16). The Hawaii longline fishery will 
be further considered for recategorization as a Category II fishery at 
that time.
    Although this fishery will currently remain in Category III, we 
will continue to have the authority to place observers on Hawaii 
longline vessels. In addition, participants in this fishery are 
required to submit vessel logbooks, to report all interactions with 
marine mammals, and to obtain a limited entry permit to participate in 
this fishery.

Comments on Fisheries in the Northwest Region: Comments on Tribal 
Gillnet Fisheries in Washington

    Comment 2: One commenter notes that tribal gillnet fisheries in the 
state of Washington should be included in the LOF even if NMFS no 
longer places observers aboard these formerly Category I and II 
fisheries.
    Response: Tribal fisheries are conducted under the authority of 
Indian treaties rather than under the MMPA. The MMPA's registration and 
Authorization requirements do not apply to treaty Indian fishers 
operating in their usual and accustomed fishing areas. Since including 
tribal fisheries in the LOF would require them to obtain an 
Authorization Certificate, we do not include tribal fisheries in the 
LOF. A complete explanation for the exclusion of treaty Indian 
fisheries can be found in the final rule implementing section 118 of 
the MMPA (60 FR 45096, August 30, 1995).

Comments on Fisheries in the Alaska Region--General Comments

    Comment 3: One commenter notes that there are several fisheries 
operating in Alaska that may be interacting with marine mammals, yet no 
observer coverage is possible due to their listing as Category III 
fisheries. These include, but are not limited to, the salmon set 
gillnets in Prince William Sound; the Kuskokwim, Yukon, Norton Sound, 
Kotzebue salmon gillnet fishery; and herring gillnets.
    Response: We have marine mammal interaction data from an observer 
program conducted in 1990 in the Prince William Sound (PWS) salmon set 
gillnet fishery. Observed rates of harbor seal and marine mammal 
mortality for this fishery warrant a Category III designation. Salmon 
set gillnet fisheries in the Yukon-Kuskokwim Delta, Norton Sound and 
Kotzebue areas mostly comprise of Alaskan Natives. Marine mammals 
caught incidental to commercial fishing by Alaskan Natives and retained 
for subsistence use have not been considered in fishery categorization. 
However, we are currently reviewing this policy. There are few reports 
of mortalities or serious injuries from these fisheries (see response 
to Comment 6).
    Comment 4: One commenter doubts that no interactions take place 
between the pot fisheries and humpback whales and other large cetaceans 
in Alaska. There are large numbers of entanglements of humpback whales 
and right whales in the buoy lines used by the lobster fishery in the 
northeastern United States. In Alaska, it would seem that lack of 
effort more than any other factor leads to lack of reporting of 
entanglements of whales in Alaska.
    Response: No humpback whale mortalities were observed during the 
1990-97 Bering Sea and Gulf of Alaska finfish pot fisheries monitored 
by our observers. During 1997, there were three reports of humpback 
whales entangled in lines with attached buoy in southeast Alaska, but 
these were deemed likely to be observations of the same whale based on 
the limited information in the reports. Because of the limited 
information in the reports, it was not possible to attribute these 
interactions to a particular fishery. Details of these interactions can 
be found in the annual Stock Assessment Reports (SARs).
    Comment 5: One commenter believes that failure to report 
interactions in logbooks cannot be considered sufficient grounds for 
determining categories, and consideration should be given to upgrading 
the category if the gear type is one that is known to entangle certain 
species of marine mammals and if those species are present coincident 
with the fishery activities.
    Response: We agree. The logbook reporting program conducted during 
1990-93 was replaced under the 1994 MMPA amendments with a fisher self-
reporting program, which requires the reporting of marine mammal 
injuries or death within 48 hours of completion of a fishing trip, 
regardless of fishery categorization. Logbook reports of mortality and 
serious injury were considered to be underestimates of incidental 
mortality based on comparisons to observer program data.
    The reports of injuries and mortalities occurring incidental to 
fishing from fisher self-reports collected during 1996-97 were 
significantly fewer than those reported during the logbook program for 
Alaskan fisheries. Data collected directly through observer programs 
are thus preferred for categorization. Beginning in 1998, the Alaska 
Region will exclude fisher self-report estimates for calculation of 
estimated minimum annual fisheries-related mortality. In the absence 
of, or in addition to, observer data, we also base fishery 
categorizations on stranding data, evaluation of fishing techniques, 
gear used, seasons and areas fished, and distribution of marine mammals 
within the area.
    Comment 6: One commenter notes that additional Category II 
fisheries in Alaska that may be interacting with marine mammals are 
unobserved and pose some concern. These include the Cook Inlet salmon 
drift and set gillnets that may be interacting with the beleaguered 
Cook Inlet beluga whale stock.
    Response: We agree. Because of the immediacy of the Cook Inlet 
beluga whale decline, we have deferred a planned rotational monitoring 
program to observe eight Category II salmon net fisheries within Alaska 
in order to observe Cook Inlet salmon drift and set gillnet fisheries 
during 1999 and 2000.
    Comment 7: One commenter questions the utility of definitions in 
the Tier system for categorizing fisheries if it is not possible to 
place observers on unobserved Category II fisheries because they are 
considered low priority as Category II fisheries. Perhaps some

[[Page 9070]]

consideration should be given to listing fisheries as Category I 
fisheries if they take less than 50 percent of the PBR level of any one 
stock but they have historically interacted with species listed under 
the Endangered Species Act (ESA) (e.g., Steller sea lions).
    Response: We agree that it is difficult to prioritize fisheries 
nationally for observation, given the available funds. We recently 
convened a workshop to attempt to establish a prioritization scheme for 
Category I and II fishery observer programs. We concluded that the top 
priority for observation were Category I fisheries required for 
observation under a Take Reduction Plan (TRP). A second tier of 
priority was Category I fisheries in the monitoring/compliance phase of 
a TRP, and unobserved Category II fisheries.
    The MMPA also mandates that fisheries that take ESA-listed species 
have the highest priority for observation. ESA-listed species already 
have conservative PBR levels associated with them by using 0.1 as a 
recovery factor; thus, further adjusting the categorization criteria 
could be inadvertently restrictive.

Comments on the Southeast Alaska Salmon Purse Seine Fishery

    Comment 8: One commenter notes that two factors chiefly determine 
the classification of a fishery: the number of incidental takes and the 
allowable PBR level. Due to a lack of quality data for the inputs to 
the PBR formula, it is possible for a fishery to have minimal or even a 
singular incidental take in 8 years but to still meet the criteria for 
a Category II fishery (for example, the Southeast Alaska salmon purse 
seine fishery). The formula that determines the percent PBR (and so the 
category for the fishery) has three inputs: population size, 
productivity rate, and the recovery factor. Many of the inputs to the 
formula are unknown or approximated using theoretical values. Many of 
these values are very conservative in light of current population 
trends. Other inputs, such as the recovery factor, are management 
designations that may not reflect current population status. The output 
of a formula cannot be more precise than the sum of the inputs. 
Imprecise inputs can result in an improper classification of a fishery.
    Response: This comment has two parts: First, concern about 
calculation of the PBR level and how uncertainties in data are treated 
and, secondly how the PBR level is used in the fisheries classification 
process. The MMPA mandates that we not allow marine mammal stocks to 
become depleted and that stocks be allowed to recover to or remain at 
an optimum sustainable population size. We have defined this as a 
population size between carrying capacity and the maximum net 
productivity level (for marine mammals it is assumed to be between 50-
85 percent of carrying capacity). The intent of using a PBR level 
mortality-based management scheme is to allow determination of an 
appropriate human-related mortality level that could be sustained, 
while still allowing marine mammal populations to recover to or remain 
above their maximum net productivity level.
    Inputs into the PBR formula will have uncertainties or biases that 
are known or can be estimated (i.e., of population counts) and 
variability or biases that are unknown. The PBR level achieves a 
suitably conservative estimate in spite of potential bias and 
uncertainty in the data. Because the fishery classification criteria 
are defined relative to a stock's PBR level and because this level can 
be very low for some endangered stocks, commercial fisheries that incur 
minimal serious injuries or mortalities may be classified as Category I 
or II. However, fisheries are also categorized based on evaluation of 
fishing techniques, gear used, methods used to deter marine mammals, 
target species, seasons and areas fished, and the species and 
distribution of marine mammals in the area. In the absence of observer 
data, the likelihood that a small increase in PBR level would change 
the categorization of a fishery is remote. It is fully in keeping the 
concept of PBR that populations should be increasing if the mean annual 
mortality does not exceed the PBR level. However, the intent of 
Congress, as expressed in the MMPA, is that fishery mortalities be 
reduced much further than PBR to a level approaching a zero mortality 
rate. See response to Comment 10.
    Comment 9: One commenter believes that classification as a Category 
II fishery is a significant burden to fishermen and constitutes an 
indictment. Additionally, vessels in a Category II fishery must take 
observers upon request, a requirement which brings up such issues as 
size of vessel, space, liability, direct and indirect costs. Any 
participant in a Category II fishery will also be required to comply 
with any applicable TRPs.
    Response: Participants in Category II fisheries are required to 
have a Marine Mammal Authorization Program (MMAP) Certificate 
authorizing incidental serious injuries or mortalities of marine 
mammals during commercial fishing authorizations. In Alaska, this 
process is automatic and free of charge to the permit holder, thus 
greatly minimizing any burden to the fishery. In addition, participants 
must carry an observer if we request you to do so.
    Fishery categorization does not constitute an indictment. Rather, 
it is a comparison of the best information available that relates an 
estimated annual incidental marine mammal serious injury and mortality 
rate to a stock's population status. This is an effective means by 
which to focus limited resources on the most critical areas of 
interaction.
    Comment 10: One commenter believes that the Southeast Alaska salmon 
purse seine fishery should be reclassified as a Category III fishery 
and that it has been unduly singled out as the only Category II purse 
seine fishery in Alaska. This fishery is a Category II fishery 
regarding the central north Pacific stock of humpback whales, based on 
one incidental take in the last 8 years. Given that the population is 
stable and increasing, using the theoretical cetacean maximum net 
productivity rate of 4 percent and a recovery factor of 0.1 is unduly 
conservative. Because there has been only one take in 8 years, the mean 
annual mortality rate should be 0.125, rather than the 0.2 representing 
one take in 5 years, as is reported in the SARs.
    Response: With the exception of two harbor seal mortalities in 
1993, we have neither received reports of serious injury or mortality 
nor of stranding entanglements attributable to other Alaskan purse 
seine fisheries. However, this is likely to be an underestimate (see 
response to Comment 5). Based on the reported humpback whale 
entanglement, by limiting the categorization to the southeast Alaska 
salmon purse seine fishery, we appropriately limited our concern to a 
specific fishery.
    It is consistent that marine mammal populations should increase if 
the total mean annual mortality does not exceed the PBR level. We 
revised the central north Pacific humpback whale population estimate in 
the draft 1998 SARs based on newly available data, resulting in an 
increase of the minimum population estimate relative to that published 
in the 1996 SAR. However, the draft 1998 SAR also notes that, while 
there was qualitative evidence of an increase, there was no 
quantitative evidence. However, the PBR level was appropriately revised 
from 2.8 to 7.4 whales per year.
    We agree that it is ideal to use a maximum net productivity rate 
(Rmax) based on reliable stock-specific information rather 
than a default value, which is 4 percent in the case of cetaceans. This 
information does not

[[Page 9071]]

currently exist for the central north Pacific stock of humpback whales, 
and it is extremely difficult to collect such data. Higher 
Rmax estimates have been generated from the Gulf of Maine 
(6.5 percent); however, neither the Pacific nor Alaska SRGs recommended 
applying this to any Pacific Ocean humpback whale stock. As part of 
efforts to continually improve the PBR-based management process, we are 
conducting a review of the veracity and applicability of current 
Rmax default values, and we will adopt new guidelines if 
appropriate.
    The intent of the recovery factor is to allow for uncertainty and 
unknown estimation errors, and also to accommodate additional 
information to allow for management discretion as appropriate with the 
goals of the MMPA (Barlow et al, 1995). Based on simulations, we 
estimated that a recovery factor of 0.1 would not create more than a 10 
percent increase in population recovery time for endangered stocks. The 
Alaska SRG has recommended, and we agree, to retain the use of 0.1 for 
this humpback whale stock. This is due to at least four factors: (1) 
qualitatively, it seems that this stock of humpback whales is 
increasing, but there is no quantitative estimate; (2) uncertainty of 
fisheries takes; (3) uncertainty of stock structure; and (4) its 
endangered species status. However, we prefer to utilize the most 
appropriate recovery factor values that are not inappropriately 
restrictive. Thus, an effort is currently underway to develop a more 
objective system to adjust recovery factors. This will also include an 
analysis of the appropriateness of using a recovery factor of 0.1 for 
endangered species.
    We currently use the most recent 5 years of data available for 
mortality calculations. Thus, we calculated the minimum estimated mean 
annual mortality as 1 mortality in 5 years, or 0.2 per year. This is 
presumed to be a minimum estimate. Another 1994 entanglement could have 
been due to this fishery rather than to the southeast Alaska drift 
gillnet fishery (see response to Comment 11), which would result in 0.4 
mortalities per year, or 5 percent of the PBR level. As previously 
stated, if the estimated minimum total annual mortality rate (i.e., all 
human-caused mortalities, 1.2 per year for this stock) is less than the 
PBR level, the stock should be increasing. However, the intent of 
Congress, as expressed in the MMPA, is that fishery mortality be 
reduced much further than PBR to a level approaching a zero mortality 
rate. The current fisheries-related mortality estimate (across all 
fisheries interacting with this stock) is 1.0 whales per year. This 
take level does not exceed the PBR level, but is in excess of 10 
percent (0.74) of the PBR level, thus justifying application of tier 2 
LOF criteria. In the absence of adequate estimates of fisheries-related 
marine mammal mortality and serious injury, small increases in the PBR 
level are unlikely to result in the reclassification of a fishery. We 
are confident that the best available data were incorporated into the 
PBR equation for this stock of humpback whales.

Comments on the Southeast Alaska Salmon Drift Gillnet Fishery

    Comment 11: One commenter believes that the southeast Alaska salmon 
drift gillnet fishery should be reclassified as a Category III fishery. 
This fishery interacts with seven marine mammal stocks, but mortality 
only exceeds 1 percent of the PBR level for the central north Pacific 
stock of humpback whales and southeast stock of harbor porpoise. For 
the harbor porpoise, the total annual mortality across all fisheries is 
less than 10 percent of the PBR level, so all fisheries interacting 
with this stock should be placed in Category III. A 1994 report of an 
entanglement in Chatham Strait was attributed to this fishery, but this 
fishery does not occur in Chatham Strait. Why was a humpback whale that 
was released trailing gear in 1996 presumed to have been a mortality?
    Response: Calculation of a PBR level provides a useful method for 
quantifying the effect of fisheries-related mortality relative to the 
size of marine mammal stocks. However, in the absence of adequate 
estimates of fisheries related mortality, we evaluate additional 
factors to categorize fisheries (see response to Comment 5). The 
southeast Alaska salmon drift gillnet fishery is known to interact with 
six stocks of marine mammals. For a discussion of the data and values 
used in the calculation of the central north Pacific stock of humpback 
whales, please see the response to Comment 10. Fisheries-related and 
other sources of serious injury and mortality are summarized in the 
Alaska SARs, rather than the LOF. As reported in the 1998 draft SAR, in 
1994 a humpback whale in weakened condition was reported entangled in 
fishing nets with floats attached in Chatham Strait. This entanglement 
was attributed to the salmon drift gillnet fishery. The SAR goes on to 
state, however, that this could have been just as likely attributable 
to the southeast Alaska salmon purse seine fishery. In 1996, a humpback 
whale was reported entangled and released trailing salmon drift gillnet 
gear. These entanglements were presumed, but not known, to have 
resulted in mortalities. These entanglements were presumed to have 
resulted in mortalities because both animals were released trailing 
gear that was likely to impede or prevent the animals' ability to move 
or feed. The classification of either the southeast Alaska salmon purse 
seine or the southeast Alaska salmon drift gillnet fishery would remain 
unchanged regardless of whether this entanglement was considered to 
result in a mortality. See response to Comment 16.
    We originally classified this fishery based on a minimum annual 
estimated fisheries' mortality of harbor porpoise greater than 10 
percent of the PBR level based on a presumed single Alaskan stock of 
harbor porpoise (see 1995 Alaska SAR). In 1996, we determined that 
harbor porpoise were more appropriately managed as three separate 
stocks within Alaska (Southeast Alaska stock, Gulf of Alaska stock, and 
Bering Sea stock). Thus, from a biological standpoint it is now even 
more critical to have reliable estimates of fishery-related mortality 
affecting each stock. Additionally, logbook reports and fisher self 
reports are considered to be underestimates of actual mortality (see 
response to Comment 5). Based on the gear type used, the temporal and 
spatial overlap of this fishery with the southeast Alaska stock of 
harbor porpoise, and the estimated minimum annual mortality rate of 
humpback whales, a Category II classification is appropriate.
    Comment 12: One commenter believes that the Bristol Bay salmon 
drift gillnet fishery should be reclassified as Category III. This 
fishery has interactions with seven marine mammals, but mortality 
attributed to this fishery does not exceed 1 percent of the PBR level 
of any of the stocks.
    Response: Concern over estimated annual fisheries-related mortality 
of the Bering Sea stock of harbor seals (6.7 percent of the PBR level, 
of which 5.5 percent is attributable to this fishery) and the 
endangered western stock of Steller sea lions (8.9 percent of the PBR 
level, of which 0.8 percent is attributable to this fishery), which are 
considered to be minimum estimates, warrant a Category II 
classification for the Bristol Bay salmon drift gillnet fishery. In the 
absence of observer data, we do not believe that this fishery should be 
reclassified in Category III given the gear type and temporal and 
spatial overlap with these marine mammal stocks.

[[Page 9072]]

Comments on Fisheries in the Southeast Region: Comments on Gulf of 
Mexico Menhaden Purse Seine Fishery

    Comment 13: One commenter agrees that the three Gulf coastal stocks 
of bottlenose dolphin should be combined for purposes of 
categorization; however, the commenter added that the Gulf of Mexico 
Outer Continental Shelf (OCS) stock should be combined as well. This 
would result in a PBR level of 586 individuals. In addition, the 
commenter notes that dolphin mortality in this fishery is a highly 
isolated event and a linear extrapolation of observer data grossly 
overestimates the bycatch across the entire fishery. For these reasons, 
the commenter believes the Gulf of Mexico menhaden purse seine fishery 
should remain in Category III.
    Response: We agree that the stock structure for bottlenose 
dolphins, as defined in the SARs, is tentative and that, as more 
information regarding Gulf of Mexico bottlenose stock structure becomes 
available, the SARs will be revised accordingly. However, the SARs 
represent the current, best information available, and we must defer to 
them in order to ensure a risk-averse approach to LOF designations.
    We recognize the possibility that the current divisions of the 
coastal stock(s) may not be the most biologically appropriate and that 
some mixing with OCS stock(s) may occur; therefore, we proposed to 
place the Gulf of Mexico menhaden fishery in Category II, rather than 
the otherwise justifiable Category I.
    The best information available indicates that at least three stocks 
are present in the coastal zone and that animals inhabiting the OCS 
region are from separate and distinct stock(s). However, if NMFS were 
to use a PBR level of 586 individuals as suggested, the 68 estimated 
takes still exceed the 10 percent threshold and warrant a Category II 
designation. Additionally, a study of the fishery by J.Y. Christmas 
(1960) indicates that capture rates of bottlenose dolphin in the 
menhaden fishery at that time were similar to that recorded in the 
Louisiana State University bycatch study.
    We are confident that the estimate of 68 dolphins taken annually in 
the fishery is reasonable and that elevation to Category II is 
justified at this time, and believe that an observer program designed 
to estimate the level of dolphin mortality is necessary to further 
refine this estimate.
    Comment 14: One commenter believes that the Gulf of Mexico menhaden 
purse seine fishery should be classified as a Category I fishery, 
rather than as a Category II fishery, because the mortality to this 
stock exceeds its PBR level. NMFS' rationale for placing this fishery 
in Category II is that stock structure is being re-examined; however, 
discussions of the Atlantic SRG focused on the need to re-examine the 
stock structure of several other stocks of coastal dolphins, not 
including the Western coastal stock with which this fishery interacts. 
The commenter believes that this fishery should be placed in Category I 
and that a take reduction team should be established for bottlenose 
dolphins, as is required by the MMPA.
    Response: With respect to the Gulf of Mexico menhaden fishery, we 
believe that the uncertainty with respect to Gulf of Mexico bottlenose 
dolphin structure basin-wide, as well as the fact that the observer 
program in which the known dolphin takes were recorded was not 
specifically designed to estimate dolphin mortality, provide 
justification for placing the fishery in Category II rather than 
Category I. If we receive new information to indicate that the western 
coastal stock is an isolated stock, and a mortality estimate (based on 
a program designed to achieve an estimate of dolphin mortality) 
indicates that mortality levels exceed 50 percent of the PBR level, we 
will recategorize this fishery as a Category I fishery.
    Our Southeast Regional Office is working in cooperation with 
industry to develop take reduction strategies aimed at reducing marine 
mammal bycatch in this fishery.
    Comment 15: One commenter supports NMFS' proposal to reclassify the 
Gulf of Mexico menhaden purse seine fishery from a Category III to a 
Category II fishery but urged NMFS to re-examine the stock structure of 
the three Gulf coastal stocks, to increase the observer coverage and 
collection of effort data, and to improve the bycatch estimate for this 
fishery in order to more accurately classify this fishery.
    Response: We are actively involved in a multi-method approach to 
determining stock structure of bottlenose dolphins in the mid-Atlantic. 
The mid-Atlantic area is the current focus for our bottlenose dolphin 
research because of the depleted listing of the presumed coastal 
migratory stock(s) and because of the high bycatch rate indicated by 
the level of fishery-related strandings recorded in the mid-Atlantic 
states. After this research is complete, we intend to apply the 
techniques used in the mid-Atlantic to assess bottlenose stocks in the 
Gulf of Mexico.
    We are also working to establish an observer program designed to 
estimate the level of dolphin mortality associated with the Gulf of 
Mexico menhaden fishery. Accurate effort data already are routinely 
collected, independent of an observer program.

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

    Comment 16: One commenter requests that NMFS revise the 
categorization of the Atlantic Ocean, Caribbean, and Gulf of Mexico 
large pelagics longline fishery from Category I to Category II. The 
Category I classification for this fishery was based on estimates of 
annual serious injuries and/or incidental mortalities of pilot whale 
interactions based on the PBR level set in the 1994 SARs. The latest 
NMFS estimate of annual serious injury and/or incidental mortality for 
pilot whales by this fishery is 5.5 animals per year, representing only 
12 percent of the PBR level for pilot whales (45 animals).
    Response: The present Category I classification for the Atlantic 
pelagic longline fishery is based on an estimated average annual pilot 
whale mortality of 5.5 pilot whales between 1992 and 1995. Because of 
the timing and location of these mortalities and lack of photo-
documentation, we do not know whether some or all of these whales may 
have been short-finned pilot whales, Globicephala macrorhynchus, which 
have a PBR level of 3.7 animals per year. The Atlantic SRG, an external 
panel convened to advise us on the SARs, advised adopting the risk-
averse strategy of assuming that an observed mortality or serious 
injury of a pilot whale may be attributed to either species. Based on 
an annual short-finned pilot whale mortality of 5.5 animals per year, 
the Atlantic pelagic longline fishery exceeds the PBR level of 3.7 
animals per year; thus, the Atlantic pelagic longline fishery fits the 
criteria for a Category I fishery.
    The annual marine mammal bycatch rate in this fishery is based only 
on incidental mortalities and does not include those animals that are 
incidentally injured. Based on observer information and fisher reports, 
we know that many animals are hooked or entangled in this fishery and 
subsequently released alive. Some percentage of these injured animals 
sustain serious injuries that will likely result in death.
    Under the MMPA, we are required to consider both incidental 
mortalities and serious injuries when determining a fishery's annual 
marine mammal bycatch level. We are currently developing biological 
criteria for determining what constitutes a serious injury to a marine 
mammal that is

[[Page 9073]]

injured incidental to commercial fishing operations. These guidelines 
will be based on the results of a workshop that we convened in April 
1997 to collect expert opinion on what types of injuries should be 
considered ``serious injuries.''
    Our consideration of incidental marine mammal injuries that occur 
incidental to the Atlantic pelagic longline fishery will result in an 
annual mortality and serious injury rate which is higher than the 
current level (which is based only on incidental mortalities).
    Comment 17: One commenter requests that NMFS review and revise the 
species listed for each fishery in the LOF. In addition, the commenter 
requests that NMFS delete species that have not been documented or 
otherwise verified to have been seriously injured and/or incidentally 
killed by the U.S. Atlantic pelagic longline gear. Specifically, the 
commenter requests that the following species/stocks be removed from 
the list of species that interact with the Atlantic pelagic longline 
fishery: Humpback whale, Western North Atlantic (WNA); Minke whale, 
Canadian east stock; Common dolphin, WNA, Striped dolphin, WNA, 
Bottlenose dolphin, WNA offshore; and Harbor porpoise, Gulf of Maine/
Bay of Fundy.
    Response: In the development of the proposed LOF for 2000, we will 
conduct a thorough review of the species and/or stocks that interact 
with Atlantic Ocean, Gulf of Mexico, and Caribbean fisheries and 
propose any needed changes to the list of species and/or stocks that 
interact with the Atlantic pelagic longline fishery at that time.
    In considering which stocks should be listed in the LOF as 
interacting with the Atlantic pelagic longline fishery, the commenter 
notes the differences between the list of species/stocks that are 
listed in the LOF and those listed in the SARs. As described in the 
proposed LOF (63 FR 42803, August 11, 1998), the LOF tables list the 
marine mammal species/stocks that are incidentally killed or injured 
(including non-serious injuries) in each fishery based on observer 
data, logbook data, stranding reports, fishers' reports, anecdotal 
reports, and other sources of information. The criteria for listing a 
species/stock in the LOF are much more broad than in the SARs, which 
often only describes stocks which have incurred mortalities and serious 
injuries. The list of species/stocks in the LOF includes all species or 
stocks known to incur injury or mortality for a given fishery; however, 
not all species or stocks identified are necessarily independently 
responsible for a fishery's categorization.
    Comment 18: One commenter requests that NMFS sub-divide the 
Atlantic Ocean, Caribbean, and Gulf of Mexico pelagic longline 
fisheries for swordfish, tuna and sharks into three regional fisheries 
on the LOF. The pelagic longline fisheries within the Exclusive 
Economic Zone should be divided into north and south regions with a 
boundary at Cape Hatteras, NC. The pelagic longline fishery in the Gulf 
of Mexico should be categorized separately.
    Separating these fisheries by fishing region would facilitate 
establishing a standardized process for monitoring effort, estimating 
serious injury and incidental mortality rates and evaluating the 
effectiveness of take reduction methods.
    In response to similar previous requests from the commenter, NMFS' 
response was that the Atlantic Offshore Cetacean Take Reduction Team 
would be the appropriate forum to discuss this issue; however, this 
alternative was not discussed during the Team's meetings. In addition, 
NMFS' previous response indicated that nearly all of the participants 
moved across the proposed boundaries. The commenter disagrees and 
thinks that NMFS should review available effort data, which should 
indicate that nearly all of the participants stay within the proposed 
boundaries.
    Response: We continue to find that fishers in the Atlantic pelagic 
longline fishery move across the proposed boundaries, as do many of the 
protected species impacted by the fishery. In addition, this fishery is 
currently managed on a fishery-wide basis for fishery management 
purposes, and we believe it is appropriate to maintain the same fishery 
definitions across NMFS offices wherever possible. For these reasons, 
we believe that it is not appropriate to subdivide the pelagic longline 
fishery at this time.

Comments on Mid-Atlantic Coastal Gillnet Fishery

    Comment 19: One commenter questions NMFS' assertion that there is 
no additional information on the Mid-Atlantic coastal gillnet fishery's 
interactions to justify recategorizing it as a Category I fishery. Data 
presented to the Mid-Atlantic Take Reduction Team in June 1997 
documented stranded bottlenose dolphins with evidence of net marks. 
Between February 19 and May 30, 1997, 15 of the 31 carcasses whose 
conditions permitted analysis showed evidence of entanglement-related 
mortality. These, along with subsequent strandings, certainly exceed 50 
percent of the PBR level of 25 for coastal bottlenose dolphins and 
justify this fishery being listed in Category I.
    Response: Although data presented to the take reduction team 
indicate high take levels of bottlenose dolphins in 1998, the 5-year 
average dolphin mortality attributable to interaction with monofilament 
nets, as reported in available stranding data, is 12.5 animals per 
year, which is exactly 50 percent of the PBR level. These takes cannot 
be directly ascribed to the Mid-Atlantic coastal gillnet fishery 
because other fisheries, such as haul seines and pound nets, could also 
leave net marks on dolphin or porpoise carcasses.
    We believe that it is appropriate to maintain the Category II 
designation until more definitive data are available. This fishery will 
continue to be observed and participants will be subject to all of the 
requirements of participants in Category I fisheries. The Mid-Atlantic 
coastal gillnet fishery observer program has recently recorded 
interactions with bottlenose dolphins. Provided that we are able to 
achieve representative sampling of the fishery, these data, once 
analyzed, will be used instead of the less definitive stranding data. 
We anticipate that these mortality estimates will be available before 
publication of the proposed LOF for 2000. We will propose a 
recategorization of this fishery to Category I at that time, if 
appropriate.

Comments on North Carolina Inshore Gillnet Fishery

    Comment 20: One commenter disagrees with NMFS' decision to retain 
the North Carolina inshore gillnet fishery as a Category III fishery 
when evidence indicates that the North Carolina inshore gillnets 
interact with bottlenose dolphins. While it is true that stock 
structure is being reconsidered for this stock, the fishery will still 
be exceeding 10 percent of the PBR level regardless of whether the 
current stock structure is retained. This fishery, along with other 
coastal fisheries that are operating in the area where stranded animals 
are found with evidence of net entanglement, should be listed as 
Category I or II fishery.
    Response: There are very few marine mammal strandings reported from 
inshore waters; thus, the existing category III designation is 
currently appropriate. We are currently in the process of reviewing 
stranding records (e.g., verifying exact location data) to ensure that 
an accurate count is available from which to assess the percentage of 
the PBR level which is attributable to gillnet interactions in inshore 
waters. In addition, we are expending some observer effort in these

[[Page 9074]]

waters. Although we believe that the interaction rate is fairly low, if 
any takes are observed in inshore waters, we will develop an estimate 
of the level of take in this inshore component of this fishery and use 
it to re-assess the categorization of the fishery.

Comments on Atlantic Fisheries Interacting with Coastal Bottlenose 
Dolphins

    Comment 21: One commenter is concerned that NMFS does not have 
adequate population abundance estimates and stock structure information 
for coastal bottlenose dolphins to allow it to accurately assess the 
PBR level for this stock and to determine bycatch levels in the 
Atlantic Ocean, Gulf of Mexico blue crab trap/pot fishery, the North 
Carolina inshore gillnet fishery, and other fisheries. The commenter 
notes that it is a violation of the MMPA for NMFS to continue to allow 
fisheries to take bottlenose dolphins in the absence of this 
information and any take reduction plan. NMFS must immediately work to 
obtain accurate population abundance estimates and stock structure 
information for bottlenose dolphin.
    Response: We recognize the importance of these issues and have 
committed resources to developing accurate abundance estimates and to 
obtaining critical stock structure information. We are committed to 
answering complex bottlenose dolphin stock structure questions and, 
wherever possible, are devoting our limited resources toward addressing 
these issues.
    We have been operating an observer program in nearshore waters 
since early 1998. By spring 1999, marine mammal bycatch data from this 
observer program will be available and marine mammal bycatch estimates 
will be developed. We plan to use these data, in conjunction with the 
best available data on abundance (i.e., information contained in the 
most recent SAR), and will consider convening a take reduction team at 
that time, if appropriate.

Comments on North Carolina Haul Seine Fishery

    Comment 22: One commenter supports NMFS' proposal to change the 
name of the ``North Carolina haul seine fishery'' to the ``Mid-Atlantic 
haul seine fishery.''
    Response: We agree and are changing the name of the ``North 
Carolina haul seine fishery'' to the ``Mid-Atlantic haul seine 
fishery.''

Comments on the Mid-Atlantic, Southeastern U.S. Atlantic, Gulf of 
Mexico Shrimp Trawl Fishery

    Comment 23: One commenter believes that the Mid-Atlantic, 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery should 
be elevated to Category II based on observations of bottlenose dolphins 
being killed by vessels in this fishery. Given the low PBR level for 
the stock and the lack of observer coverage, the commenter expects that 
this fishery is killing more than 10 percent of the PBR level for the 
stock.
    Response: Although there have been approximately 50,000 hours of 
observer coverage in the shrimp trawl fishery, no incidental 
mortalities of bottlenose dolphins in this fishery have ever been 
recorded by observers. We are aware that occasional mortalities do 
occur, but it is unlikely that the 5-year average number of known 
interactions with any one dolphin stock exceeds 10 percent of the PBR 
level. However, we are currently conducting a review of dolphin 
mortality records in this fishery and will re-evaluate the 
categorization of this fishery to ensure that it is categorized 
appropriately.

Comments on Fisheries in the Northeast Region: Comments on the Atlantic 
Herring Midwater Trawl Fishery

    Comment 24: Several commenters wrote in support of including the 
herring midwater trawl fishery in Category II due to the potential for 
incidental take of marine mammals, particularly harbor porpoise from 
the Gulf of Maine/Bay of Fundy stock. The New England Fishery 
Management Council (NEFMC) expressed support of a Category II listing. 
In addition to the reasons listed in the Proposed 1999 LOF, the NEFMC 
Marine Mammal Committee noted that the practice of pair trawling has 
increased over the last several years and that vessels fishing in pairs 
in other fisheries have accounted for takes of marine mammals and sea 
turtles. Vessels fishing singly for herring also may be associated with 
some level of harbor porpoise bycatch given the close predator/prey 
relationship between porpoise and herring.
    Response: We agree and are adding the Atlantic herring midwater 
trawl (including pair trawl) fishery to the LOF as a Category II 
fishery.
    Comment 25: One commenter notes that the Harbor Porpoise Take 
Reduction Plan goals could be compromised by takes of porpoise in 
fisheries such as the herring trawl fishery, which are not regulated by 
the Plan, and stated that such takes would undermine the efforts by the 
sink gillnet fishery (and other parties involved in the take reduction 
plan development process) to reduce takes of porpoise. The commenter 
also recommended that NMFS initiate observer coverage in the herring 
trawl fishery to investigate the potential for porpoise takes.
    Response: We agree. If takes of harbor porpoise are reported from 
fisheries other than the fisheries currently regulated by the harbor 
porpoise plan, this information will be presented to the take reduction 
team(s) for their consideration. The Category II listing gives us the 
authority to place observers on this fishery.
    Comment 26: One commenter states that the herring trawl fishery was 
being reclassified using a ``guilty until proven innocent'' standard 
and noted that NMFS do not have data linking the Atlantic herring 
midwater trawl fishery to any marine mammal injuries or mortalities.
    Response: Section 118 of the MMPA provides for flexibility in 
fishery classifications. In the case of the herring fishery, data on 
food habits of harbor porpoise and other marine mammal species, the 
overlap of distribution of the herring fishery and several of these 
marine mammal species, and documented takes of small cetaceans and 
pinnipeds in gear used in the herring fishery is sufficient to warrant 
classification of this fishery in Category II.
    Comment 27: One commenter notes that a new herring fishery 
management plan has just been adopted by the NEFMC which allows for the 
use of observers in the Atlantic herring fishery. Before imposing an 
additional regulatory burden on the herring fleet, as the proposal to 
register herring midwater trawlers as Category II fishermen would do, 
the commenter requested that NMFS and the NEFMC should expend the 
effort to develop data through other available means.
    Response: We agree that there is authority under the Magnuson-
Stevens Fishery Conservation and Management Act to place observers on 
vessels. However, the MMPA specifically requires that we review the LOF 
annually to assess a fishery's level of interactions with marine 
mammals. Through this process, we have determined that this fishery 
should be reclassified for several reasons explained earlier (see 
response to comments 24-26). This reclassification should not place a 
significant regulatory burden on fishery participants. As a result of 
this action, participants in this fishery will be required to register 
and to accommodate an observer if

[[Page 9075]]

requested. The Category II classification was meant to be an interim 
stage that allows collection of data to determine the level of take 
more accurately.
    Comment 28: Due to the potential for take of marine mammals in 
bottom trawl gear targeting herring, one commenter disagrees with the 
inclusion of bottom trawl vessels targeting herring in the Category III 
listing for the North Atlantic bottom trawl fishery.
    Response: We agree that takes of marine mammals have been observed 
in the bottom trawl fishery; however, this level of take meets the 
Category III definition. Very few, if any, of the vessels that catch 
herring with bottom trawl gear are actually targeting herring. The 
herring fishery is considered predominantly a mid-water trawl fishery, 
which is listed separately.

Comments on the Northeast Sink Gillnet Fishery

    Comment 29: One commenter requests that the number of participants 
in the Northeast sink gillnet fishery be changed from 341 to 200 and 
that ``North Atlantic right whale, WNA'' be removed from the list of 
species interacting with the fishery.
    Response: The most current analysis of the number of boats in the 
Northeast sink gillnet fishery was done in the Regulatory Flexibility 
Act analysis for the Harbor Porpoise Take Reduction Plan. This analysis 
determined that at least 273 vessels used sink gillnet gear in 1996. 
Vessels included in that analysis either reported the use of gillnet 
gear in a fishing vessel log or sold fish to a dealer reporting through 
the dealer logbook system. There may be a number of vessels fishing in 
state waters which were not identified by the Federal logbook system. 
Since the fishery listing under the MMPA includes all state water 
participants, the number of actual participants in 1996 may be somewhat 
higher than 273. Therefore, we are not changing the number of 
participants at this time. We acknowledge that participation is not 
equal amongst vessels reporting use of gillnet gear; however, the LOF 
does not attempt to distinguish between active and limited 
participation.
    There are several records of right whale entanglements in gillnet 
gear. Right whale distribution overlaps areas where U.S. sink gillnet 
gear is set and observations of right whales entangled in gillnet gear 
have been recorded in U.S. waters. Therefore, some of the historical 
gillnet entanglement records may have involved sink gillnet gear, and 
the potential remains for right whales to become entangled and 
seriously injured in gear used by the Northeast sink gillnet fishery.
    Comment 30: One commenter supports NMFS' proposal to change the 
name of the ``Northeast multispecies sink gillnet fishery'' to the 
``Northeast sink gillnet fishery.''
    Response: We agree and are changing the name of the ``Northeast 
multispecies sink gillnet fishery'' to the ``Northeast sink gillnet 
fishery.''

Comments on the Atlantic Squid, Mackerel, Butterfish Trawl Fishery

    Comment 31: One commenter questions NMFS' justification for 
refusing to categorize the Atlantic squid, mackerel, butterfish trawl 
fishery in Category I based on a vague assertion that uncertainty 
exists. The commenter expressed concern that data from 1997 had not 
been analyzed prior to issuing the proposed LOF. The commenter noted 
that it is difficult to understand how this uncertainty occurred after 
the spring SRG meeting and yet could not be resolved prior to issuing 
the LOF. NMFS should be guided by the precautionary principle and list 
this as a Category I fishery because of its marine mammal interactions.
    Response: The data for 1997 have not yet been fully analyzed. We 
anticipate that these data will be fully analyzed for the draft 1999 
SAR and will be available prior to preparation of the proposed 2000 
LOF.

Comments on the Gulf of Maine, U.S. Mid-Atlantic Mixed Species Trap/Pot 
Fishery

    Comment 32: One commenter notes that the Gulf of Maine/U.S. Mid-
Atlantic mixed species trap/pot fishery is listed as a Category III 
fishery. They are also listed as interacting with North Atlantic right 
whales, and whales have been seen entangled with buoy lines that are of 
unknown origin, but that may have come from this fishery. Because of 
this, the commenter did not understand why this is a Category III 
fishery, since the PBR level for right whales is only 0.4 per year and 
any interaction would likely exceed 10 percent of the PBR level. This 
fishery should be listed as a Category I or II fishery.
    Response: We agree that fixed gear fisheries with gear components 
capable of entangling whales may pose a risk in times/areas coinciding 
with whale distribution. However, no records of entanglement in gear 
known to be used in this fishery were documented during the period 
analyzed. We intend to analyze this fishery with respect to fishery 
distribution and other factors to determine if reclassification is 
warranted for the proposed LOF for 2000.

Comments on Takes From Human Activities Other Than Commercial Fishing

    Comment 33: One commenter requests that commercial passenger 
vessels and other vessels that hit whales and manatees be classified in 
the LOF.
    Response: It is not appropriate to list vessel impacts in the MMPA 
LOF. The LOF is directed at incidental takes of marine mammals by 
commercial fisheries. We are addressing ship strike impacts to whales 
through activities recommended by the Northeast Recovery Plan 
Implementation Team for commercial shipping traffic and whale watch 
vessels.

Comments on the Proposed Changes to Regulations at 50 CFR Part 229

    Comment 34: One commenter wrote in support of NMFS' proposal to 
revise 50 CFR part 229 by: removing the definition of ``Incidental, but 
not intentional take,'' clarifying that the marine mammal deterrence 
provisions pertain to all commercial fishers, requiring that 
participants in non-vessel fisheries report their gear permit number, 
requiring that vessel operators provide specific accommodations to 
observers, and specifying that under an emergency action, the Assistant 
Administrator for Fisheries, NMFS (Assistant Administrator) will 
determine whether a recategorization of the fishery is appropriate.
    Response: We agree and are finalizing these changes.
    Comment 35: One commenter disagrees with NMFS' proposal to delete 
the requirement that vessel owners must provide, when they register, 
the ``approximate time, duration, and location of each such fishery 
operation, and the general type and nature of use of the fishing gear 
and techniques used.'' The MMPA specifically mandates that vessel 
owners provide this information, and the commenter disagrees that this 
information is included in the fishery title. NMFS cannot manage 
fisheries if fishers do not provide this information.
    Response: As part of their registration, fishers must provide the 
name of the Category I and II fisheries in which they participate. 
Fishers are not asked to submit additional fishery description 
information because we obtain this information from Federal, state, and 
local fishery management officials. We believe that it is more 
efficient to obtain this information from fishery management sources, 
rather than to burden individual fishers by requiring

[[Page 9076]]

them to provide this detailed information. In addition, we believe that 
there is an advantage in collecting compiled fishery information from 
fishery management sources because it allows us to track the behavior 
of the entire fishery instead of the behavior of individual fishers.
    Comment 36: One commenter strongly opposes NMFS' proposal to remove 
all references to an ``annual decal'' and to use the term ``decal'' in 
its place. The commenter believes this is a clear violation of the MMPA 
which requires that a ``decal or other physical evidence that the 
authorization is current and valid * * * and so long as the 
authorization remains current and valid, shall be reissued annually 
thereafter.'' NMFS is violating the MMPA by not issuing an annual decal 
with an expiration date each year after it receives a vessel owners 
completed registration.
    Response: Upon receiving a vessel owner's completed registration 
information, we issue an annual Authorization Certificate with an 
expiration date. This Authorization must be renewed annually. This 
Authorization Certificate satisfies the requirement of section 118 of 
the MMPA to have a ``decal or other physical evidence that the 
authorization is current and valid * * * and so long as the 
authorization remains current and valid, shall be reissued annually 
thereafter.''
    We have successfully integrated the Marine Mammal Authorization 
Program (MMAP) with existing fishery management programs for several 
fisheries and reduced the burden on fishers in these fisheries. 
Participants in these integrated fisheries are registered automatically 
in the MMAP. In order for participants in these fisheries to receive 
annual MMAP decals, we would need to conduct a separate annual mailing 
to these participants. We believe that sending these decals to all 
participants in integrated fisheries is an unnecessary burden and would 
work against the goal of the integrated registration system. In 
addition, we believe that the issuance of an annual MMAP decal is 
unnecessary given that the Authorization certificate provides annual 
proof that a marine mammal authorization has been granted.
    For these reasons, we will continue to distribute MMAP decals that 
do not have an annual expiration. MMAP decals may not be distributed 
every year. We are replacing the term ``annual decal'' with the term 
``decal.''
    Comment 37: One commenter opposes NMFS' removing the definition of 
``Incidental mortality'' because it is a term used throughout the MMPA 
and its implementing regulations.
    Response: We agree that the term ``incidental mortality'' is used 
throughout the MMPA; however, the term ``incidental'' is broadly used 
throughout the MMPA and is used in conjunction with several other terms 
(e.g., incidental serious injury). We believe that it is more 
appropriate to define the broad term ``incidental'' in 50 CFR part 229 
than to specifically define ``incidental mortality.'' We are adding the 
following definition to Sec. 229.2: ``Incidental means, with respect to 
an act, a non-intentional act or accidental act that results from, but 
is not the purpose of, carrying out an otherwise lawful action.''
    Comment 38: One commenter opposes NMFS' proposal to remove the 
provision that requires the Authorization Certificate be signed and 
dated by the owner or the authorized representative of the owner in 
order to be valid. NMFS claims that the possession of the certificate 
is sufficient to provide an authorization for taking marine mammals. 
The vessel owner's signature means that he/she has read and understands 
the legal requirements and is bound to abide and carry out these 
requirements.
    Response: We disagree. The Authorization to take marine mammals is 
granted when we issue the Certificate and is not contingent upon the 
vessel owner's signature.
    In the past, the signature line on the Authorization Certificate 
has resulted in some confusion. Fishers have assumed that since they 
were required to sign them, they should send them back to us. Removing 
the signature line, and the requirement to sign the Authorization 
Certificates, will help eliminate this confusion.
    Comment 39: One commenter states that NMFS' proposal in Sec. 229.7 
to add ``sleeping accommodations * * * that are equivalent to those 
provided to the crew'' needs to be clarified. It is common for a vessel 
to only have bunk space sufficient for the number of crew typically 
carried in any specific fishery. The commenter suggested using instead: 
``sleeping accommodations that are reasonably equivalent to those 
provided to the crew, taking the vessel's presently existing sleeping 
accommodations into account.''
    Response: We recognize that many vessels only have bunk space for 
the number of crew carried in any specific fishery. We will continue to 
take the vessel's existing sleeping accommodations into account with 
respect to observer accommodations. It is not the intent of this 
provision to require vessel owners to build extra bunks to accommodate 
observers. We are clarifying that the requirement to provide ``sleeping 
accommodations * * * that are equivalent to the crew'' depends upon the 
specific accommodations of a given vessel. We believe that the proposed 
text is adequate and will take a vessel's existing sleeping 
accommodations into account in enforcing this provision.
    Comment 40: One commenter states that the need for the provision 
under Sec. 229.30 stems from a lack of cooperation between the 
divisions of Protected Resources and Sustainable Fisheries, NMFS. The 
fact that Protected Resources needs the power to enact fisheries 
regulations independent of Sustainable Fisheries indicates a serious 
problem within NMFS that obviously interferes with its ability to 
fulfill its mission. The proposed provision does not fix the problem.
    Response: Section 229.30 contains the implementing regulations for 
TRPs developed under the MMPA. The only change that we proposed to this 
section was to add an introductory paragraph for this section. This 
section introduces the TRP implementing regulations by outlining our 
authority under the MMPA in implementing TRPs.

Additional Comments

    We received several comments on 50 CFR part 229 that addressed 
issues that were outside the scope of our currently proposed changes 
and technical revisions. We will address these comments during a future 
review of these regulations.
Summary of Changes to the LOF for 1999
    With the following exceptions, the placement and definitions of 
U.S. commercial fisheries are identical to those provided in the LOF 
for 1998. Thus, the majority of the LOF for 1998 remains valid in 1999. 
The following summarizes the changes in fishery classification, fishery 
definition, number of participants in a particular fishery, the species 
that are designated as strategic stocks, and the species and/or stocks 
that are incidentally killed or seriously injured that are made final 
by this LOF for 1999:

Commercial Fisheries in the Pacific Ocean

Fishery Description

    The ``Alaska Peninsula/Aleutians salmon drift gillnet fishery'' is 
renamed the ``Alaska Peninsula/Aleutian Islands salmon drift gillnet 
fishery.''
    The ``Alaska Peninsula/Aleutian Island salmon set gillnet fishery'' 
is

[[Page 9077]]

renamed the ``Alaska Peninsula/Aleutian Islands salmon set gillnet 
fishery.''
    The ``Alaska Cook Inlet drift gillnet fishery'' is renamed the 
``Alaska Cook Inlet salmon drift gillnet fishery.''
    The ``Alaska Bristol Bay drift gillnet fishery'' is renamed the 
``Alaska Bristol Bay salmon drift gillnet fishery.''
    The ``Alaska Bristol Bay set gillnet fishery'' is renamed the 
``Alaska Bristol Bay salmon set gillnet fishery.''
    The ``Alaska pair trawl fishery'' is renamed the ``Alaska 
miscellaneous finfish pair trawl fishery.''
    The ``Alaska Prince William Sound set gillnet fishery is renamed 
the ``Alaska Prince William Sound salmon set gillnet fishery.''
    The ``Alaska Metlakatla purse seine fishery'' is renamed the 
``Alaska Metlakatla salmon purse seine fishery.''
    The ``Alaska other finfish handline and mechanical jig fishery'' is 
renamed the ``Alaska miscellaneous finfish handline and mechanical jig 
fishery.''

Number of Vessels/Persons

    The estimated number of vessels/persons for the Alaska Kuskokwim, 
Yukon, Norton Sound, Kotzebue salmon gillnet fishery is changed from 
1,519 to 1,419.
    The estimated number of vessels/persons for the Alaska Bering Sea, 
Gulf of Alaska finfish fishery is changed from 277 to 274.
    The estimated number of vessels/persons for the Alaska, Washington, 
Oregon, California commercial passenger fishery is changed from >17,000 
(16,276 Alaska only) to >4,000.
    The estimated number of persons/vessels for the Washington Puget 
Sound Region salmon drift gillnet fishery is changed from 900 to 725.
    The estimated number of persons/vessels for the Washington, Oregon 
salmon net pens is changed from 21 to 14.

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

    The Washington Inland Waters stock of Harbor seals is added to the 
list of species/stocks that are incidentally killed or injured by the 
Washington, Oregon salmon net pens.
    The southern sea otter is added to the list of species/stocks that 
are incidentally killed or injured by the California angel shark/
halibut and other species large mesh set gillnet fishery.
    The southern sea otter is added to the list of species/stocks that 
are incidentally killed or injured by the California lobster, prawn, 
shrimp, rock crab, fish pot fishery. Commercial Fisheries in the 
Atlantic Ocean, Gulf of Mexico, and Caribbean.

Fishery Classification

    The ``Gulf of Mexico menhaden purse seine fishery'' is moved from 
Category III to Category II.

Addition of Fisheries to the LOF

    The ``Atlantic herring midwater trawl (including pair trawl) 
fishery'' is added to the LOF as a Category II fishery. This fishery 
includes those vessels currently participating in the ``Gulf of Maine, 
U.S. mid-Atlantic coastal herring trawl fishery'' (which is removed 
from the LOF).

Removals of Fisheries From the LOF

    The ``Gulf of Maine, U.S. mid-Atlantic coastal herring trawl 
fishery'' is removed from the LOF.

Fishery Descriptions

    The ``Gulf of Maine, southeast U.S. Atlantic coastal shad, 
sturgeon, gillnet (includes waters of North Carolina) fishery'' is 
renamed the ``Gulf of Maine, southeast U.S. Atlantic coastal shad, 
sturgeon, gillnet fishery.'' Fishers participating in the North 
Carolina fishery are more appropriately identified under the U.S. mid-
Atlantic coastal gillnet fishery.

Number of Vessels/Persons

    The estimated number of vessels/persons for the Southeastern U.S. 
Atlantic, Gulf of Mexico, Caribbean spiny lobster trap/pot fishery is 
changed from 750 to 4,847.

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

    The stocks of marine mammals that are injured/killed in the 
Northeast sink gillnet fishery are clarified for the following species: 
Common dolphin, Western North Atlantic (WNA); Fin whale, WNA; Spotted 
dolphin, WNA; False killer whale, WNA; Harp seal, WNA.
    The WNA coastal stock of bottlenose dolphin is added to the list of 
species/stocks that are incidentally injured or killed by the North 
Carolina inshore gillnet fishery.
    The list of marine mammal species/stocks incidentally injured/
killed in the Florida east coast, Gulf of Mexico pelagics king and 
Spanish mackerel gillnet fishery is changed to ``None documented.''

Changes Resulting From Draft 1998 SARs

    The table in the LOF that lists all U.S. commercial fisheries, the 
number of participants in each fishery, and the marine mammal stocks 
and/or species incidentally killed or injured in each fishery is 
updated to include the following changes in the draft Pacific and 
Atlantic SARs:
    1. The CA/OR/WA stocks of Mesoplodont beaked whales are proposed to 
be designated as non-strategic;
    2. The CA/OR/WA stock of minke whales are proposed to be designated 
as non-strategic; and
    3. The Western North Atlantic stock of white-sided dolphin is 
proposed to be designated as strategic.
    The draft SAR for Alaska provided updates to the number of 
participants in each Alaska commercial fishery and to the list of 
species and/or stocks incidentally injured or killed in each fishery. 
When possible, the number of participants provided in the table in the 
LOF reflects the number of permits fished in 1996. For those fisheries 
for which this information was not available, the number of permits 
issued was used to represent the number of participants.

Summary of Changes to Regulations at 50 CFR Part 229

    We are making several revisions and technical edits to 50 CFR part 
229. These changes are described here.

Definitions

    In Sec. 229.2 and Sec. 229.3 we are removing the term ``taking'' 
and adding in its place the term ``incidental serious injury and 
mortality.''
    In Sec. 229.2, we are removing the definitions of the terms 
``Fisher'', ``Incidental, but not intentional, take'' and ``Incidental 
mortality'' and adding definitions of the terms ``Fisher or 
fisherman'', ``Incidental'' and ``Integrated fishery.''

Requirements for Category I and II Fisheries

    We are removing the requirement that vessel/gear owners provide a 
description of the gear type and approximate time, duration, and 
locations of each fishery operation.
    In Sec. 229.4(e)(1) and Sec. 229.4(e)(3), we are removing the term 
``annual'' before the term ``decal.''
    We are removing the provision that all Authorization Certificates 
must be signed and dated by the owner or the authorized representative 
of the owner in order to be valid.
    We are making several additional minor changes to Sec. 229.4, 
including updating the telephone numbers of NMFS regional offices 
clarifying registration requirements for participants in integrated 
fisheries, and restructuring sections.

[[Page 9078]]

Requirements for Category III Fisheries

    We are correcting the wording of this section to clarify that this 
deterrence provision applies to all vessel owners and crew members 
engaged in commercial fishing operations.

Reporting Requirements

    We are modifying the reporting requirements under Sec. 229.6 to 
include all commercial fishermen, regardless of the category of fishery 
they participate in, and to clarify the registration requirements for 
participants in non-vessel fisheries. Instead of providing the vessel 
name and registration number, participants in non-vessel fisheries are 
required to submit the gear permit number.

Monitoring of Incidental Mortalities and Serious Injuries

    We are removing all references to an ``onboard observer'' and we 
are further defining the specific accommodations that vessel operators 
must provide by specifying that vessel operators or crew members must 
provide ``food, toilet, bathing, and sleeping accommodations that are 
equivalent to those provided to the crew.'' These accommodations should 
be provided at no cost to the observer or to us.
    We are specifically allowing observers to sample, retain, or store 
target and non-target catch, which includes marine mammals or other 
protected species specimens.
    We are clarifying that observer requirements apply to ``vessel 
owners/operators'' instead of ``Authorization Certificate holders.''
    We are moving the prohibition of marine mammal retention from 
Sec. 229.7(c)(6) to Sec. 229.3 (e).

Emergency Regulations

    We are revising the regulatory language regarding emergency actions 
to clarify that the Assistant Administrator in reviewing the fishery 
classification, would also determine whether a recategorization of the 
fishery is appropriate.

Take Reduction Plans

    We are adding a new introductory section under subpart C addressing 
TRP regulations.

List of Fisheries

    The following two tables list U.S. commercial fisheries according 
to their assigned categories under section 118 of the MMPA. When 
possible, we express the estimated number of vessels in terms of the 
number of active participants in the fishery. If this information is 
not available, we provide the estimated number of vessels or persons 
licensed for a particular fishery. If no recent information is 
available on the number of participants in a fishery, we use the number 
from the 1996 LOF. The tables also list the marine mammal species/
stocks that are incidentally killed or injured in each fishery based on 
observer data, logbook data, stranding reports, and fishers' reports. 
This list includes all species or stocks known to incur injury or 
mortality for a given fishery; however, not all species or stocks 
identified are necessarily independently responsible for a fishery's 
categorization. There are a few fisheries that are in Category II that 
do not have any recently documented interactions with marine mammals; 
the justification for categorization of these fisheries are by analogy 
to other gear types that are known to injure or kill marine mammals, as 
discussed in the final LOF for 1996 (60 FR 45086, December 28, 1995).
    Commercial fisheries in the Pacific Ocean are listed in Table 1; 
commercial fisheries in the Atlantic Ocean are listed in Table 2. An 
asterisk (*) indicates that the stock is a strategic stock; a plus (+) 
indicates that the stock is listed as threatened or endangered under 
the Endangered Species Act.

 Table 1.--List of Fisheries: Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                    Estimated
                                    Number of    Marine mammal species/
       Fishery description           vessels/      stocks incidentally
                                     persons         killed/injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Gillnet Fisheries:
    CA angel shark/halibut and              58  Harbor porpoise, central
     other species large mesh                    CA.
     (>3.5in) set gillnet.                      Common dolphin, short-
                                                 beaked, CA/OR/WA.
                                                Common dolphin, long-
                                                 beaked CA.
                                                California sea lion,
                                                 U.S.
                                                Harbor seal, CA.
                                                Northern elephant seal,
                                                 CA breeding.
                                                Sea otter, CA.
    CA/OR thresher shark/                  130  Steller sea lion,
     swordfish drift gillnet.                    Eastern U.S.*+.
                                                Sperm whale, CA/OR/WA*+.
                                                Dall's porpoise, CA/OR/
                                                 WA.
                                                Pacific white sided
                                                 dolphin, CA/OR/WA.
                                                Risso's dolphin, CA/OR/
                                                 WA.
                                                Bottlenose dolphin, CA/
                                                 OR/WA offshore.
                                                Short-beaked common
                                                 dolphin CA/OR/WA.
                                                Long-beaked common
                                                 dolphin CA/OR/WA.
                                                Northern right whale
                                                 dolphin, CA/OR/WA.
                                                Short-finned pilot
                                                 whale, CA/OR/WA*.
                                                Baird's beaked whale, CA/
                                                 OR/WA.
                                                Mesoplodont beaked
                                                 whale, CA/OR/WA.
                                                Cuvier's beaked whale,
                                                 CA/OR/WA.
                                                Pygmy sperm whale, CA/OR/
                                                 WA.
                                                California sea lion,
                                                 U.S.
                                                Northern elephant seal,
                                                 CA breeding.
                                                Humpback whale, CA/OR/WA-
                                                 Mexico*.
                                                Minke whale, CA/OR/WA.
                                                Striped dolphin, CA/OR/
                                                 WA.
                                                Killer whale, CA/OR/WA
                                                 Pacific coast.

[[Page 9079]]

 
                                                Northern fur seal, San
                                                 Miguel Island.
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    AK Prince William Sound                509  Steller sea lion,
     salmon drift gillnet.                       Western U.S.*+.
                                                Northern fur seal,
                                                 Eastern Pacific*.
                                                Harbor seal, GOA*.
                                                Pacific white-sided
                                                 dolphin, central North
                                                 Pacific.
                                                Harbor porpoise, GOA.
                                                Dall's porpoise, AK.
    AK Peninsula/Aleutian Islands          163  Northern fur seal,
     salmon drift gillnet.                       Eastern Pacific*.
                                                Harbor seal, GOA.
                                                Harbor porpoise, Bering
                                                 Sea.
                                                Dall's porpoise, AK.
    AK Peninsula/Aleutian Islands          110  Steller sea lion,
     salmon set gillnet.                         Western U.S.*+.
                                                Harbor porpoise, Bering
                                                 Sea.
    Southeast Alaska salmon drift          439  Steller sea lion,
     gillnet.                                    Eastern U.S.*+.
                                                Harbor seal, Southeast
                                                 AK.
                                                Pacific white-sided
                                                 dolphin, central.
                                                North Pacific.
                                                Harbor porpoise,
                                                 Southeast AK.
                                                Dall's porpoise, AK.
                                                Humpback whale, central
                                                 North Pacific*+.
    AK Cook Inlet salmon drift             560  Steller sea lion,
     gillnet.                                    Western U.S.*+.
                                                Harbor seal, GOA*.
                                                Harbor porpoise, GOA.
                                                Dall's porpoise, AK.
                                                Beluga, Cook Inlet*.
     AK Cook Inlet salmon set              604  Steller sea lion,
     gillnet.                                    Western U.S.*+.
                                                Harbor seal, GOA*.
                                                Harbor porpoise, GOA.
                                                Beluga, Cook Inlet*.
                                                Dall's porpoise, AK.
    AK Yakutat salmon set gillnet          139  Harbor seal, Southeast
                                                 AK.
                                                Gray whale, Eastern
                                                 North Pacific.
    AK Kodiak salmon set gillnet.          172  Harbor seal, GOA*.
                                                Harbor porpoise, GOA.
                                                Sea otter, Southwest AK.
    AK Bristol Bay salmon drift          1,884  Steller sea lion,
     gillnet.                                    Western U.S.*+.
                                                Northern fur seal,
                                                 Eastern Pacific*.
                                                Harbor seal, Bering Sea.
                                                Beluga, Bristol Bay.
                                                Gray whale, Eastern
                                                 North Pacific.
                                                Spotted seal, AK.
                                                Pacific white-sided
                                                 dolphin, central.
                                                North Pacific.
    AK Bristol Bay salmon set              941  Harbor seal, Bering Sea.
     gillnet.                                   Beluga, Bristol Bay.
                                                Gray whale, Eastern
                                                 North Pacific.
                                                Northern fur seal,
                                                 Eastern Pacific*.
                                                Spotted seal, AK.
    AK Metlakatla/ Annette Island           60  None documented.
     salmon drift gillnet.
    WA Puget Sound Region salmon           725  Harbor porpoise, inland
     drift gillnet (includes all                 WA.
     inland waters south of US-                 Dall's porpoise, CA/OR/
     Canada border and eastward                  WA.
     of the Bonilla-Tatoosh line--              Harbor seal, WA inland.
     Treaty Indian fishing is
     excluded).
Purse Seine Fisheries:
    CA anchovy, mackerel, tuna             150  Bottlenose dolphin, CA/
     purse seine.                                OR/WA offshore.
                                                California sea lion,
                                                 U.S.
                                                Harbor seal, CA.
    CA squid purse seine.........           65  Short-finned pilot
                                                 whale, CA/OR/WA*.
    AK Southeast salmon purse              357  Humpback whale, central
     seine.                                      North Pacific*+.
Trawl Fisheries:
    AK miscellaneous finfish pair            4  None documented.
     trawl.
Longline Fisheries:
    OR swordfish floating                    2  None documented.
     longline.
    OR blue shark floating                   1  None documented.
     longline.

[[Page 9080]]

 
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    AK Prince William Sound                 26  Steller sea lion,
     salmon set gillnet.                         Western U.S.*+.
                                                Harbor seal, GOA*.
    AK Kuskokwim, Yukon, Norton          1,491  None documented.
     Sound, Kotzebue salmon
     gillnet.
    AK roe herring and food/bait         1,687  None documented.
     herring gillnet.
    WA, OR herring, smelt, shad,           913  None documented.
     sturgeon, bottom fish,
     mullet, perch, rockfish
     gillnet.
    WA Willapa Bay drift gillnet.           82  Harbor seal, OR/WA
                                                 coast.
                                                Northern elephant seal,
                                                 CA breeding.
    WA Grays Harbor salmon drift            24  Harbor seal, OR/WA
     gillnet (excluding treaty                   coast.
     Tribal fishing).
    WA, OR lower Columbia River            110  California sea lion,
     (includes tributaries) drift                U.S.
     gillnet.                                   Harbor seal, OR/WA
                                                 coast.
    CA set and drift gillnet               341  None documented.
     fisheries that use a
     stretched mesh size of 3.5
     in or less.
    AK miscellaneous finfish set             4  Steller sea lion,
     gillnet.                                    Western U.S.*+.
    Hawaii gillnet...............          115  Bottlenose dolphin, HI.
                                                Spinner dolphin, HI.
Purse Seine, Beach Seine, Round
 Haul and Throw Net Fisheries:
    AK salmon purse seine (except          586  Harbor seal, GOA*.
     Southeast Alaska, which is
     in Category II).
    AK salmon beach seine........            6  None documented.
    AK roe herring and food/bait           517  None documented.
     herring purse seine.
    AK roe herring and food/bait             1  None documented.
     herring beach seine.
    AK Metlakatla salmon purse              10  None documented.
     seine.
    AK octopus/squid purse seine.            2  None documented.
    CA herring purse seine.......          100  Bottlenose dolphin, CA
                                                 coastal.
                                                California sea lion,
                                                 U.S.
                                                Harbor seal, CA.
    CA sardine purse seine.......          120  None documented.
    AK miscellaneous finfish                 4  None documented.
     purse seine.
    AK miscellaneous finfish                 1  None documented.
     beach seine.
    WA salmon purse seine........          440  None documented.
    WA salmon reef net...........           53  None documented.
    WA, OR herring, smelt, squid           130  None documented.
     purse seine or lampara.
    WA (all species) beach seine           235  None documented.
     or drag seine.
    HI purse seine...............           18  None documented.
    HI opelu/akule net...........           16  None documented.
    HI throw net, cast net.......           47  None documented.
Dip Net Fisheries:
    WA, OR smelt, herring dip net         119.  None documented.
    CA squid dip net.............          115  None documented.
Marine Aquaculture Fisheries:
    WA, OR salmon net pens.......           14  California sea lion,
                                                 U.S.
                                                Harbor seal, WA inland
                                                 waters.
    CA salmon enhancement rearing           >1  None documented.
     pen.
    OR salmon ranch..............            1  None documented.
Troll Fisheries:
    AK salmon troll..............         1149  Steller sea lion,
                                                 Eastern U.S.*+.
    CA/OR/WA salmon troll........        4,300  None documented.
    AK north Pacific halibut, AK         1,354  None documented.
     bottom fish, WA, OR, CA
     albacore, groundfish, bottom
     fish, CA halibut non-
     salmonid troll fisheries.
    HI trolling, rod and reel....        1,795  None documented.
    Guam tuna troll..............           50  None documented.
    Commonwealth of the Northern            50  None documented.
     Mariana Islands tuna troll.
    American Samoa tuna troll....          <50 none="" documented.="" hi="" net="" unclassified..........="" 106="" none="" documented.="" longline/set="" line="" fisheries:="" ak="" state="" waters="" sablefish="" 840="" none="" documented.="" long="" line/set="" line.="" miscellaneous="" finfish/="" 594="" harbor="" seal,="" goa*.="" groundfish="" longline/set="" line.="" harbor="" seal,="" bering="" sea.="" dall's="" porpoise,="" ak.="" steller="" sea="" lion,="" western="" u.s.="" harbor="" seal,="" southeast="" ak.="" [[page="" 9081]]="" northern="" elephant="" seal,="" ca="" breeding.="" hi="" swordfish,="" tuna,="" billfish,="" 140="" hawaiian="" monk="" seal*+.="" mahi="" mahi,="" wahoo,="" oceanic="" humpback="" whale,="" central="" sharks="" longline/set="" line.="" north="" pacific*+.="" risso's="" dolphin,="" hi.="" bottlenose="" dolphin,="" hi.="" spinner="" dolphin,="" hi.="" short-finned="" pilot="" whale,="" hi.="" wa,="" or="" north="" pacific="" halibut="" 350="" none="" documented.="" longline/set="" line.="" ak="" southern="" bering="" sea,="" 762="" northern="" elephant="" seal,="" aleutian="" islands,="" and="" ca="" breeding.="" western="" gulf="" of="" alaska="" killer="" whale,="" resident.="" sablefish="" longline/set="" line="" killer="" whale,="" transient.="" (federally="" regulated="" waters).="" steller="" sea="" lion,="" western="" u.s.="" pacific="" white-sided="" dolphin,="" central.="" north="" pacific.="" dall's="" porpoise,="" ak.="" ak="" halibut="" longline/set="" line="" 2,882="" steller="" sea="" lion,="" (state="" and="" federal="" waters).="" western="" u.s.*+.="" wa,="" or,="" ca="" groundfish,="" 367="" none="" documented.="" bottomfish="" longline/set="" line.="" ak="" octopus/squid="" longline....="" 2="" none="" documented.="" ca="" shark/bonito="" longline/set="" 10="" none="" documented.="" line.="" trawl="" fisheries:="" wa,="" or,="" ca="" shrimp="" trawl......="" 300="" none="" documented.="" ak="" shrimp="" otter="" trawl="" and="" 62="" none="" documented.="" beam="" trawl="" (statewide="" and="" cook="" inlet).="" ak="" gulf="" of="" alaska="" groundfish="" 201="" steller="" sea="" lion,="" trawl.="" western="" u.s.*+.="" northern="" fur="" seal,="" eastern="" pacific*.="" harbor="" seal,="" goa*.="" dall's="" porpoise,="" ak.="" northern="" elephant="" seal,="" ca="" breeding.="" ak="" bering="" sea="" and="" aleutian="" 193="" steller="" sea="" lion,="" islands="" groundfish="" trawl.="" western="" u.s.*+.="" northern="" fur="" seal,="" eastern="" pacific*.="" killer="" whale,="" resident.="" killer="" whale,="" transient.="" pacific="" white-sided="" dolphin,="" central.="" north="" pacific.="" harbor="" porpoise,="" bering="" sea.="" harbor="" seal,="" bering="" sea.="" harbor="" seal,="" goa*.="" bearded="" seal,="" ak.="" ringed="" seal,="" ak.="" spotted="" seal,="" ak.="" dall's="" porpoise,="" ak.="" ribbon="" seal,="" ak.="" northern="" elephant="" seal,="" ca="" breeding.="" sea="" otter,="" southwest="" ak.="" pacific="" walrus="" ,="" ak.="" ak="" state-managed="" waters="" of="" 5="" none="" documented.="" cook="" inlet,="" kachemak="" bay,="" prince="" william="" sound,="" southeast="" ak="" groundfish="" trawl.="" ak="" miscellaneous="" finfish="" 312="" none="" documented.="" otter="" or="" beam="" trawl.="" ak="" food/bait="" herring="" trawl...="" 4="" none="" documented.="" wa,="" or,="" ca="" groundfish="" trawl..="" 585="" steller="" sea="" lion,="" western="" u.s.*+.="" northern="" fur="" seal,="" eastern="" pacific*.="" pacific="" white-sided="" dolphin,="" central.="" north="" pacific.="" dall's="" porpoise,="" ca/or/="" wa.="" california="" sea="" lion,="" u.s.="" harbor="" seal,="" or/wa="" coast.="" pot,="" ring="" net,="" and="" trap="" fisheries:="" ak="" crustacean="" pot............="" 1,496="" harbor="" porpoise,="" southeast="" ak.="" ak="" bering="" sea,="" goa="" finfish="" 274="" harbor="" seal,="" goa*.="" pot.="" harbor="" seal,="" bering="" sea.="" sea="" otter,="" southwest="" ak.="" wa,="" or,="" ca="" sablefish="" pot.....="" 176="" none="" documented.="" wa,="" or,="" ca="" crab="" pot..........="" 1,478="" none="" documented.="" wa,="" or="" shrimp="" pot="" &="" trap.....="" 254="" none="" documented.="" ca="" lobster,="" prawn,="" shrimp,="" 608="" sea="" otter,="" ca.="" rock="" crab,="" fish="" pot.="" or,="" ca="" hagfish="" pot="" or="" trap...="" 25="" none="" documented.="" hi="" lobster="" trap..............="" 15="" hawaiian="" monk="" seal*+.="" hi="" crab="" trap.................="" 22="" none="" documented.="" hi="" fish="" trap.................="" 19="" none="" documented.="" [[page="" 9082]]="" hi="" shrimp="" trap...............="" 5="" none="" documented.="" handline="" and="" jig="" fisheries:="" ak="" north="" pacific="" halibut="" 266="" none="" documented.="" handline="" and="" mechanical="" jig.="" ak="" miscellaneous="" finfish="" 258="" none="" documented.="" handline="" and="" mechanical="" jig.="" ak="" octopus/squid="" handline....="" 2="" none="" documented.="" wa="" groundfish,="" bottomfish="" jig="" 679="" none="" documented.="" hi="" aku="" boat,="" pole="" and="" line...="" 54="" none="" documented.="" hi="" inshore="" handline..........="" 650="" bottlenose="" dolphin,="" hi.="" hi="" deep="" sea="" bottomfish.......="" 434="" hawaiian="" monk="" seal*+.="" hi="" tuna......................="" 144="" rough-toothed="" dolphin,="" hi.="" bottlenose="" dolphin,="" hi.="" hawaiian="" monk="" seal*+.="" guam="" bottomfish..............=""><50 none="" documented.="" commonwealth="" of="" the="" northern=""><50 none="" documented.="" mariana="" islands="" bottomfish.="" american="" samoa="" bottomfish....=""><50 none="" documented.="" harpoon="" fisheries:="" ca="" swordfish="" harpoon.........="" 228="" none="" documented.="" pound="" net/weir="" fisheries:="" ak="" southeast="" alaska="" herring="" 154="" none="" documented.="" food/bait="" pound="" net.="" wa="" herring="" brush="" weir........="" 1="" none="" documented.="" bait="" pens:="" wa/or/ca="" bait="" pens...........="" 13="" none="" documented.="" dredge="" fisheries:="" coastwide="" scallop="" dredge.....="" 106="" none="" documented.="" dive,="" hand/mechanical="" collection="" fisheries:="" ak="" abalone...................="" 9="" none="" documented.="" ak="" dungeness="" crab............="" 3="" none="" documented.="" ak="" herring="" spawn-on-kelp.....="" 200="" none="" documented.="" ak="" urchin="" and="" other="" fish/="" 442="" none="" documented.="" shellfish.="" ak="" clam="" hand="" shovel..........="" 62="" none="" documented.="" ak="" clam="" mechanical/hydraulic.="" 19="" none="" documented.="" wa="" herring="" spawn-on-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.="" ca="" abalone...................="" 111="" none="" documented.="" ca="" sea="" urchin................="" 583="" none="" documented.="" hi="" squiding,="" spear...........="" 267="" none="" documented.="" hi="" lobster="" diving............="" 6="" none="" documented.="" hi="" coral="" diving..............="" 2="" none="" documented.="" hi="" handpick..................="" 135="" none="" documented.="" wa="" shellfish="" aquaculture.....="" 684="" none="" documented.="" wa,="" ca="" kelp..................="" 4="" none="" documented.="" hi="" fish="" pond.................="" 10="" none="" documented.="" commercial="" passenger="" fishing="" vessel="" (charter="" boat)="" fisheries:="" ak,="" wa,="" or,="" ca="" commercial="">4,000  None documented.
     passenger fishing vessel.
    AK octopus/squid ``other''...           19  None documented.
    HI ``other''.................          114  None documented.
Live Finfish/Shellfish Fisheries:
    CA finfish and shellfish live           93  None documented.
     trap/hook-and-line.
------------------------------------------------------------------------
* Marine mammal stock is strategic or is proposed to be listed as
  strategic in the draft SARs for 1998.
+ Stock is listed as threatened or endangered under the Endangered
  Species Act (ESA) or as depleted under the MMPA.
List of Abbreviations Used in Table 1: AK--Alaska; CA--California; HI--
  Hawaii; GOA--Gulf of Alaska; OR--Oregon; WA--Washington.


Table 2.--List of Fisheries: Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                    Estimated
                                    number of    Marine mammal species/
       Fishery description           vessels/      stocks incidentally
                                     persons         injured/killed
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Gillnet Fisheries:
    Atlantic Ocean, Caribbean,              15  North Atlantic right
     Gulf of Mexico large                        whale, WNA*+.
     pelagics drift gillnet.                    Humpback whale, WNA*+.
                                                Sperm whale, WNA*+.
                                                Dwarf sperm whale, WNA*.
                                                Cuvier's beaked whale,
                                                 WNA*.

[[Page 9083]]

 
                                                True's beaked whale,
                                                 WNA*.
                                                Gervais' beaked whale,
                                                 WNA*.
                                                Blainville's beaked
                                                 whale, WNA*.
                                                Risso's dolphin, WNA.
                                                Long-finned pilot whale,
                                                 WNA*.
                                                Short-finned pilot
                                                 whale, WNA*.
                                                White-sided dolphin,
                                                 WNA*.
                                                Common dolphin, WNA*.
                                                Atlantic spotted
                                                 dolphin, WNA*.
                                                Pantropical spotted
                                                 dolphin, WNA*.
                                                Striped dolphin, WNA.
                                                Spinner dolphin, WNA.
                                                Bottlenose dolphin, WNA
                                                 offshore.
                                                Harbor porpoise, GME/
                                                 BF*.
    Northeast sink gillnet.......          341  North Atlantic right
                                                 whale, WNA*+.
                                                Humpback whale, WNA*+.
                                                Minke whale, Canadian
                                                 east coast.
                                                Killer whale, WNA.
                                                White-sided dolphin,
                                                 WNA*.
                                                Bottlenose dolphin, WNA
                                                 offshore.
                                                Harbor porpoise, GME/
                                                 BF*.
                                                Harbor seal, WNA.
                                                Gray seal, WNA.
                                                Common dolphin, WNA *.
                                                Fin whale, WNA *+.
                                                Spotted dolphin, WNA.
                                                False killer whale, WNA.
                                                Harp seal, WNA.
Longline Fisheries:
    Atlantic Ocean, Caribbean,             361  Humpback whale, WNA*+.
     Gulf of Mexico large
     pelagics longline.
                                                Minke whale, Canadian
                                                 east coast.
                                                Risso's dolphin, WNA.
                                                Long-finned pilot whale,
                                                 WNA*.
                                                Short-finned pilot
                                                 whale, WNA*.
                                                Common dolphin, WNA*.
                                                Atlantic spotted
                                                 dolphin, WNA*.
                                                Pantropical spotted
                                                 dolphin, WNA*.
                                                Striped dolphin, WNA.
                                                Bottlenose dolphin, WNA
                                                 offshore.
                                                Bottlenose dolphin, GMX
                                                 Outer Continental
                                                 Shelf.
                                                Bottlenose dolphin, GMX
                                                 Continental Shelf Edge
                                                 and Slope.
                                                Atlantic spotted
                                                 dolphin, Northern GMX.
                                                Pantropical spotted
                                                 dolphin, Northern GMX.
                                                Risso's dolphin,
                                                 Northern GMX.
                                                Harbor porpoise, GME/
                                                 BF*.
Trap/Pot Fisheries--Lobster:
    Gulf of Maine, U.S. mid-            13,000  North Atlantic right
     Atlantic lobster trap/pot.                  whale, WNA*+.
                                                Humpback whale, WNA*+.
                                                Fin whale, WNA*+.
                                                Minke whale, Canadian
                                                 east coast.
                                                White-sided dolphin,
                                                 WNA*.
                                                Harbor seal, WNA.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    U.S. mid-Atlantic coastal             >655  Humpback whale, WNA*+.
     gillnet.                                   Minke whale, Canadian
                                                 east coast.
                                                Bottlenose dolphin, WNA
                                                 offshore.
                                                Bottlenose dolphin, WNA
                                                 coastal*+.
                                                Harbor porpoise, GME/
                                                 BF*.
    Gulf of Maine small pelagics           133  Humpback whale, WNA*+.
     surface gillnet.                           White-sided dolphin,
                                                 WNA*.
                                                Harbor seal, WNA.
    Southeastern U.S. Atlantic              12  Bottlenose dolphin, WNA
     shark gillnet.                              coastal*.
                                                North Atlantic right
                                                 whale, WNA*+.

[[Page 9084]]

 
Trawl Fisheries:
    Atlantic squid, mackerel,              620  Common dolphin, WNA*.
     butterfish trawl.                          Risso's dolphin, WNA.
                                                Long-finned pilot whale,
                                                 WNA*.
                                                Short-finned pilot
                                                 whale, WNA*.
                                                White-sided dolphin,
                                                 WNA*.
    Atlantic herring midwater               17  None documented.
     trawl (including pair trawl).
Purse Seine Fisheries:
    Gulf of Mexico menhaden purse           50  Bottlenose dolphin,
     seine.                                      Western GMX coastal.
                                                Bottlenose dolphin,
                                                 Northern GMX coastal.
Haul Seine Fisheries:
    Mid-Atlantic haul seine......           25  Bottlenose dolphin, WNA
                                                 coastal*.
                                                Harbor porpoise, GME/
                                                 BF*.
Stop Net Fisheries:
    North Carolina roe mullet               13  Bottlenose dolphin, WNA
     stop net.                                   coastal*.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    Rhode Island, southern                  32  Humpback whale, WNA*+.
     Massachusetts (to Monomoy                  Bottlenose dolphin, WNA
     Island), and New York Bight                 coastal*+.
     (Raritan and Lower New York                Harbor porpoise, GME/
     Bays) inshore gillnet.                      BF*.
    Long Island Sound inshore               20  Humpback whale, WNA*+.
     gillnet.                                   Bottlenose dolphin, WNA
                                                 coastal*+.
                                                Harbor porpoise, GME/
                                                 BF*.
    Delaware Bay inshore gillnet.           60  Humpback whale, WNA*+.
                                                Bottlenose dolphin, WNA
                                                 coastal*+.
                                                Harbor porpoise, GME/
                                                 BF*.
    Chesapeake Bay inshore                  45  None documented.
     gillnet.
    North Carolina inshore                  94  Bottlenose dolphin, WNA
     gillnet.                                    coastal*+.
    Gulf of Mexico inshore             unknown  None documented.
     gillnet (black drum,
     sheepshead, weakfish,
     mullet, spot, croaker).
    Gulf of Maine, Southeast U.S.        1,285  Minke whale, Canadian
     Atlantic coastal shad,                      east coast.
     sturgeon gillnet.                          Harbor porpoise, GME/
                                                 BF*.
                                                Bottlenose dolphin, WNA
                                                 coastal*+.
    Gulf of Mexico coastal             unknown  Bottlenose dolphin,
     gillnet (includes mullet                    Western GMX coastal.
     gillnet fishery in LA and                  Bottlenose dolphin,
     MS).                                        Northern GMX coastal.
                                                Bottlenose dolphin,
                                                 Eastern GMX coastal.
                                                Bottlenose dolphin, GMX
                                                 Bay, Sound, &
                                                 Estuarine*.
    Florida east coast, Gulf of            271  Bottlenose dolphin,
     Mexico pelagics king and                    Western GMX coastal.
     Spanish mackerel gillnet.                  Bottlenose dolphin,
                                                 Northern GMX coastal.
                                                Bottlenose dolphin,
                                                 Eastern GMX coastal.
                                                Bottlenose dolphin, GMX
                                                 Bay, Sound, &
                                                 Estuarine*.
Trawl Fisheries:
    North Atlantic bottom trawl..        1,052  Long-finned pilot whale,
                                                 WNA*.
                                                Short-finned pilot
                                                 whale, WNA*.
                                                Common dolphin, WNA*.
                                                White-sided dolphin,
                                                 WNA*.
                                                Striped dolphin, WNA.
                                                Bottlenose dolphin, WNA
                                                 offshore.
    Mid-Atlantic, Southeastern         >18,000  Bottlenose dolphin, WNA
     U.S. Atlantic, Gulf of                      coastal*+.
     Mexico shrimp trawl.
    Gulf of Maine northern shrimp          320  None documented.
     trawl.
    Gulf of Maine, Mid-Atlantic            215  None documented.
     sea scallop trawl.
    Mid-Atlantic mixed species          >1,000  None documented.
     trawl.
    Gulf of Mexico butterfish                2  Atlantic spotted
     trawl.                                      dolphin, Eastern GMX
                                                 Pantropical spotted
                                                 dolphin, Eastern GMX.
    Georgia, South Carolina,                25  None documented.
     Maryland whelk trawl.
    Calico scallops trawl........          200  None documented.
    Bluefish, croaker, flounder            550  None documented.
     trawl.
    Crab trawl...................          400  None documented.
    U.S. Atlantic monkfish trawl.      unknown  Common dolphin, WNA*.
Marine Aquaculture Fisheries:
    Finfish aquaculture..........           48  Harbor seal, WNA.
    Shellfish aquaculture........      unknown  None documented.

[[Page 9085]]

 
Purse Seine Fisheries:
    Gulf of Maine Atlantic                  30  Harbor porpoise, GME/
     herring purse seine.                        BF*.
                                                Harbor seal, WNA.
                                                Gray seal, Northwest
                                                 North Atlantic.
    Mid-Atlantic menhaden purse             22  Bottlenose dolphin, WNA
     seine.                                      coastal*+.
    Gulf of Maine menhaden purse            50  None documented.
     seine.
    Florida west coast sardine              10  Bottlenose dolphin,
     purse seine.                                Eastern GMX coastal.
    U.S. Atlantic tuna purse           unknown  None documented.
     seine.
    U.S. mid-Atlantic hand seine.         >250  None documented.
Longline/Hook-and-Line Fisheries:
    Gulf of Maine tub trawl                 46  Harbor seal, WNA.
     groundfish bottom longline/                Gray seal, Northwest
     hook-and-line.                              North Atlantic.
    Southeastern U.S. Atlantic,          3,800  None documented.
     Gulf of Mexico snapper-
     grouper and other reef fish
     bottom longline/hook-and-
     line.
    Southeastern U.S. Atlantic,            124  None documented.
     Gulf of Mexico shark bottom
     longline/hook-and-line.
    Gulf of Maine, U.S. mid-            26,223  None documented.
     Atlantic tuna, shark
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S. Atlantic,          1,446  None documented.
     Gulf of Mexico & U.S. mid-
     Atlantic pelagic hook-and-
     line/harpoon.
Trap/Pot Fisheries--Lobster,
 Crab, and Fish:
    Gulf of Maine, U.S. mid-               100  North Atlantic right
     Atlantic mixed species trap/                whale, WNA*+.
     pot.                                       Humpback whale, WNA*+.
                                                Minke whale, Canadian
                                                 east coast.
                                                Harbor porpoise, GME/
                                                 BF*.
                                                Harbor seal, WNA.
                                                Gray seal, Northwest
                                                 North Atlantic.
    U.S. mid-Atlantic and                   30  None documented.
     Southeast U.S. Atlantic
     black sea bass trap/pot.
    U.S. mid-Atlantic eel trap/           >700  None documented.
     pot.
    Atlantic Ocean, Gulf of             20,500  Bottlenose dolphin, WNA
     Mexico blue crab trap/pot.                  coastal*.
                                                Bottlenose dolphin,
                                                 Western GMX coastal.
                                                Bottlenose dolphin,
                                                 Northern GMX coastal.
                                                Bottlenose dolphin,
                                                 Eastern GMX coastal.
                                                Bottlenose dolphin, GMX
                                                 Bay, Sound, &
                                                 Estuarine*.
                                                West Indian manatee,
                                                 FL*+.
    Southeastern U.S. Atlantic,          4,847  West Indian manatee,
     Gulf of Mexico, Caribbean                   FL*+.
     spiny lobster trap/pot.                    Bottlenose dolphin, WNA
                                                 coastal*+.
Stop Seine/Weir/Pound Fisheries:
    Gulf of Maine herring and               50  North Atlantic right
     Atlantic mackerel stop seine/               whale, WNA*.
     weir.                                      Humpback whale, WNA*+.
                                                Minke whale, Canadian
                                                 east coast.
                                                Harbor porpoise, GME/
                                                 BF*.
                                                Harbor seal, WNA.
                                                Gray seal, Northwest
                                                 North Atlantic.
    U.S. mid-Atlantic mixed                500  None documented.
     species stop/seine/weir
     (except the North Carolina
     roe mullet stop net).
    U.S. mid-Atlantic crab stop          2,600  None documented.
     seine/weir.
Dredge Fisheries:
    Gulf of Maine, U.S. mid-               233  None documented.
     Atlantic sea scallop dredge.
    U.S. mid-Atlantic offshore             100  None documented.
     surfclam and quahog dredge.
    Gulf of Maine mussel.........          >50  None documented.
    U.S. mid-Atlantic/Gulf of            7,000  None documented.
     Mexico oyster.
Haul Seine Fisheries:
    Southeastern U.S. Atlantic,             25  None documented.
     Caribbean haul seine.
Beach Seine Fisheries:
    Caribbean beach seine........           15  West Indian manatee,
                                                 FL+.
Dive, Hand/Mechanical Collection
 Fisheries:
    Gulf of Maine urchin dive,             >50  None documented.
     hand/mechanical collection.
    Atlantic Ocean, Gulf of             20,000  None documented.
     Mexico, Caribbean shellfish
     dive, hand/mechanical
     collection.
Commercial Passenger Fishing
 Vessel (Charter Boat) Fisheries:
    Atlantic Ocean, Gulf of              4,000  None documented.
     Mexico, Caribbean commercial
     passenger fishing vessel.
------------------------------------------------------------------------
* Marine mammal stock is strategic or is proposed to be listed as
  strategic in the draft SARs for 1998.
+ Stock is listed as threatened or endangered under the ESA or as
  depleted under the MMPA.
List of Abbreviations Used in Table 2: FL--Florida; GA--Georgia; GME/BF--
  Gulf of Maine/Bay of Fundy; GMX--Gulf of Mexico; NC--North Carolina;
  SC--South Carolina; TX--Texas; WNA--Western North Atlantic.


[[Page 9086]]

Classification

    When this LOF for 1999 was proposed, the Assistant General Counsel 
for Legislation and 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. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not prepared.
    This action makes changes to the current LOF and reflects new 
information on commercial fisheries, marine mammals, and interactions 
between commercial fisheries and marine mammals. This list informs the 
public of which U.S. commercial fisheries will be required in 1999 to 
comply with certain parts of the MMPA, including requirements to 
register for Authorization Certificates.
    This final rule is not a significant regulatory action and is not 
subject to review by the Office of Management and Budget (OMB) under 
Executive Order 12866.
    This rule does not contain new collection-of-information 
requirements subject to the Paperwork Reduction Act; however, the 
addition of two fisheries to Category II in the LOF will result in up 
to 70 new fishers being subject to collection-of-information 
requirements. Some of these fishers may currently participate in other 
Category II fisheries and, therefore, may already be required to 
register under the MMPA.
    Notwithstanding any other provision of law, you are not to respond 
to nor shall you 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.
    The collection of information required for the reporting of marine 
mammal injuries or mortalities to NMFS and for the registration of 
fishers under the MMPA has been approved by OMB under OMB control 
numbers 0648-0292 (0.15 hours per report) and 0648-0293 (0.25 hours per 
registration). Those burdens are not expected to change significantly 
as a result of this final rule and may actually decrease if additional 
registration systems are integrated with existing programs. You may 
send comments regarding these reporting burden estimates or any other 
aspect of the collections of information, including suggestions for 
reducing the burdens, to NMFS and OMB (see ADDRESSES).

References

    Barlow et al. ``U.S. Marine Mammal Stock Assessments: Guidelines 
for Preparation, Background, and a Summary of the 1995 Assessments''. 
NOAA Tech. Memo. NMFS-OPR-6, 1995.

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine mammals, Reporting and recordkeeping 
requirements.

    Dated: February 17, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 229 is amended 
as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for part 229 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq.

    2. In Sec. 229.1, paragraph (f) is revised to read as follows:


Sec. 229.1  Purpose and scope.

* * * * *
    (f) Authorizations under this part do not apply to the intentional 
lethal taking of marine mammals in the course of commercial fishing 
operations except as provided for under Secs. 229.4(k) and 229.5(f).
* * * * *
    3. In Sec. 229.2, the definition of ``Category II fishery'' is 
amended by removing the word ``taking'' and adding in its place the 
words ``incidental serious injury and mortality'' in the penultimate 
sentence; the last sentence of paragraph (2) of the definition 
``Category III fishery'' is revised; the definitions of ``Fisher'', 
``Incidental, but not intentional, take'' and ``Incidental mortality'' 
are removed; and the definitions of ``Fisher or fisherman'', 
``Incidental'' and ``Integrated Fishery'' are added in alphabetical 
order, to read as follows:


Sec. 229.2  Definitions.

* * * * *
    Category III fishery. * * *
    (2) * * * In the absence of reliable information indicating the 
frequency of incidental mortality and serious injury of marine mammals 
by a commercial fishery, the Assistant Administrator will determine 
whether the incidental serious injury or mortality is ``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.
* * * * *
    Fisher or fisherman means the vessel owner or operator, or the 
owner or operator of gear in a nonvessel fishery.
* * * * *
    Incidental means, with respect to an act, a non-intentional or 
accidental act that results from, but is not the purpose of, carrying 
out an otherwise lawful action.
* * * * *
    Integrated fishery means a fishery for which the granting and the 
administration of Authorization Certificates have been integrated and 
coordinated with existing fishery license, registration, or permit 
systems and related programs.
* * * * *
    4. In Sec. 229.3, the word ``taking'' is removed from paragraph (c) 
and the words ``injury or mortality'' are added in its place, 
paragraphs (e) through (p) are redesignated as paragraphs (f) through 
(q), and new paragraph (e) is added to read as follows:


Sec. 229.3  Prohibitions.

* * * * *
    (e) It is prohibited to retain any marine mammal incidentally taken 
in commercial fishing operations unless authorized by NMFS personnel, 
by designated contractors or an official observer, or by a scientific 
research permit that is in the possession of the vessel operator.
* * * * *
    5. Section 229.4, is amended as follows:
    a. Paragraph (b)(2)(v) is removed; paragraphs (b)(2)(vi) and (c) 
are redesignated as paragraphs (b)(2)(v) and (b)(2)(vi), respectively; 
in newly redesignated paragraph (b)(2)(vi), the heading ``Fee.'' is 
removed; paragraphs (d) through (m) are redesignated as paragraphs (c) 
through (l); and in newly redesignated paragraph (g), the word 
``onboard'' is removed.
    b. Newly redesignated paragraphs (c) introductory text, (c)(3) 
through (c)(5), (d)(1), (d)(2), and the first sentence of newly 
redesignated paragraph (e)(1) are revised; the last sentence of newly 
redesignated paragraph (d)(3) is removed; newly redesignated paragraph 
(e)(3) is amended by removing the term ``annual'' and newly 
redesignated

[[Page 9087]]

paragraph (l) is amended by removing the phrase ``and annual decals''.
    The revisions read as follows:


Sec. 229.4  Requirements for Category I and II fisheries.

* * * * *
    (c) Address. Unless the granting and administration of 
authorizations under this part 229 is integrated and coordinated with 
existing fishery licenses, registrations, or related programs pursuant 
to paragraph (a) of this section, requests for registration forms and 
completed registration and renewal forms should be sent to the NMFS 
Regional Offices as follows:
* * * * *
    (3) Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; telephone: [phone];
    (4) Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 
01930; telephone: [phone]; or
    (5) Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702; telephone: [phone].
    (d) Issuance. (1) For integrated fisheries, an Authorization 
Certificate or other proof of registration will be issued annually to 
each fisher registered for that fishery.
    (2) For all other fisheries (i.e., non-integrated fisheries), NMFS 
will issue an Authorization Certificate and, if necessary, a decal to 
an owner or authorized representative who:
    (i) Submits a completed registration form and the required fee.
    (ii) Has complied with the requirements of this section and 
Secs. 229.6 and 229.7
    (iii) Has submitted updated registration or renewal registration 
which includes a statement (yes/no) whether any marine mammals were 
killed or injured during the current or previous calender year.
* * * * *
    (e) * * * (1) If a decal has been issued under the conditions 
specified in paragraph (e)(2) of this section, the decal must be 
attached to the vessel on the port side of the cabin or, in the absence 
of a cabin, on the forward port side of the hull, and must be free of 
obstruction and in good condition. * * *
* * * * *
    6. In Sec. 229.5, paragraph (c) is amended by removing the word 
``onboard''; paragraph (e) is amended by removing the phrase ``a 
Category I or II fishery'' and by adding in its place the phrase 
``commercial fishing operations''; and paragraph (d) is revised to read 
as follows:


Sec. 229.5  Requirements for Category III fisheries.

* * * * *
    (d) Monitoring. Vessel owners engaged in a Category III fishery 
must comply with the observer requirements specified under 
Sec. 229.7(d).
* * * * *
    7. In Sec. 229.6, paragraph (a) is amended by removing the words 
``Category I, II, or III'' and by adding in their place the word 
``commercial''; and paragraph (b) is revised to read as follows:


Sec. 229.6  Reporting requirements.

* * * * *
    (b) Participants in nonvessel fisheries must provide all of the 
information in paragraphs (a)(1) through (a)(4) of this section except, 
instead of providing the vessel name and vessel registration number, 
participants in nonvessel fisheries must provide the gear permit 
number.
    8. In Sec. 229.7, paragraphs (c)(4)(vi) and (c)(6) are removed; 
paragraphs (c)(4)(vii) through (c)(4)(x) are redesignated as paragraphs 
(c)(4)(vi) through (c)(4)(ix), respectively; the introductory text of 
paragraph (b), paragraphs (c) heading, (c)(1), (c)(2), (c)(4) 
introductory text, and (c)(4)(i), newly redesignated paragraph 
(c)(4)(vi), and paragraph (c)(5), and the heading of paragraph (d) are 
revised to read as follows:


Sec. 229.7  Monitoring of incidental mortalities and serious injuries.

* * * * *
    (b) Observer program. Pursuant to paragraph (a) of this section, 
the Assistant Administrator may observe Category I and II vessels as 
necessary. Observers may, among other tasks:
* * * * *
    (c) Observer requirements for participants in Category I and II 
fisheries. (1) If requested by NMFS or by a designated contractor 
providing observer services to NMFS, a vessel owner/operator must take 
aboard an observer to accompany the vessel on fishing trips.
    (2) After being notified by NMFS, or by a designated contractor 
providing observer services to NMFS, that the vessel is required to 
carry an observer, the vessel owner/operator must comply with the 
notification by providing information requested within the specified 
time on scheduled or anticipated fishing trips.
* * * * *
    (4) The vessel owner/operator and crew must cooperate with the 
observer in the performance of the observer's duties including:
    (i) Providing, at no cost to the observer, the United States 
government, or the designated observer provider, food, toilet, bathing, 
sleeping accommodations, and other amenities that are equivalent to 
those provided to the crew, unless other arrangements are approved in 
advance by the Regional Administrator;
* * * * *
    (vi) Sampling, retaining, and storing of marine mammal specimens, 
other protected species specimens, or target or non-target catch 
specimens, upon request by NMFS personnel, designated contractors, or 
the observer, if adequate facilities are available and if feasible;
* * * * *
    (5) Marine mammals or other specimens identified in paragraph 
(c)(4)(vi) of this section, which are readily accessible to crew 
members, must be brought on board the vessel and retained for the 
purposes of scientific research if feasible and requested by NMFS 
personnel, designated contractors, or the observer. Specimens so 
collected and retained must, upon request by NMFS personnel, designated 
contractors, or the observer, be retained in cold storage on board the 
vessel, if feasible, until removed at the request of NMFS personnel, 
designated contractors, or the observer, retrieved by authorized 
personnel of NMFS, or released by the observer for return to the ocean. 
These biological specimens may be transported on board the vessel 
during the fishing trip and back to port under this authorization.
    (d) Observer requirements for participants in Category III 
fisheries. * * *
* * * * *
    9. In Sec. 229.8 the last sentence of paragraph (c) is redesignated 
as paragraph (d), and paragraph (b)(2) is revised to read as follows:


Sec. 229.8  Publication of List of Fisheries.

* * * * *
    (b) * * *
    (2) List the marine mammals that have been incidentally injured or 
killed by commercial fishing operations and the estimated number of 
vessels or persons involved in each commercial fishery.
* * * * *
    10. In Sec. 229.9, paragraph (a)(3)(ii) is revised to read as 
follows:


Sec. 229.9  Emergency regulations.

    (a) * * *
    (3) * * *
    (ii) Immediately review the stock assessment for such stock or 
species and the classification of such commercial fishery under this 
section to determine

[[Page 9088]]

if a take reduction team should be established and if recategorization 
of the fishery is warranted; and
* * * * *
    11. In Sec. 229.10, paragraph (g)(1) is amended by removing the 
word ``serious'' before ``injury'' and paragraph (d) is revised to read 
as follows:


Sec. 229.10  Penalties.

* * * * *
    (d) Failure to comply with take reduction plans or emergency 
regulations issued under this part may result in suspension or 
revocation of an Authorization Certificate, and failure to comply with 
a take reduction plan or emergency regulation is also subject to the 
penalties of sections 105 and 107 of the Act, and may be subject to the 
penalties of section 106 of the Act.
* * * * *


Sec. 229.11  [Amended]

    12. In Sec. 229.11, paragraph (b) is amended by removing the 
parenthetical clause ``(see ADDRESSES)''.


Sec. 229.20  [Amended]

    13. In Sec. 229.20, paragraph (f) is amended by removing the 
reference to ``Sec. 229.21(b)'' and adding in its place a reference to 
``paragraph (b) of this section''.
    14. Under subpart C, a new Sec. 229.30 is added to read as follows:


Sec. 229.30  Basis.

    Section 118(f)(9) of the Act authorizes the Director, NMFS, to 
impose regulations governing commercial fishing operations, when 
necessary, to implement a take reduction plan in order to protect or 
restore a marine mammal stock or species covered by such a plan.

[FR Doc. 99-4442 Filed 2-23-99; 8:45 am]
BILLING CODE 3510-22-P