[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42803-42819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21533]
[[Page 42803]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 980724195-8195-01; I.D. 070798F]
RIN 0648-AK95
Proposed List of Fisheries for 1999
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This action proposes changes for 1999 to the List of Fisheries
(LOF) as required by the Marine Mammal Protection Act (MMPA) and
proposes changes to the regulations implementing section 118 of the
MMPA. The proposed LOF for 1999 reflects new information on
interactions between commercial fisheries and marine mammals. Under the
MMPA, a commercial fishery is to be placed on the LOF in 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 the fishery
is subject to certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements.
DATES: Comments on the proposed rule must be received by November 9,
1998.
ADDRESSES: Send comments to Chief, Marine Mammal Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
Comments regarding the burden-hour estimates or any other aspect of
the collection of information requirements contained in this proposed
rule should be sent to the above individual 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, 508-281-
9138; Kathy Wang, Southeast Region, 813-570-5312; Irma Lagomarsino,
Southwest Region, 562-980-4016; Brent Norberg, Northwest Region, 206-
526-6733; Steven Zimmerman, Alaska Region, 907-586-7235.
SUPPLEMENTARY INFORMATION:
Background
History of the List of Fisheries
Section 118 of the MMPA requires that NMFS publish, at least
annually, a list of fisheries 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 in each fishery.
In 1995, NMFS published proposed and final regulations implementing
section 118 of the MMPA (60 FR 31666, June 17, 1995, and 60 FR 45086,
August 30, 1995, respectively).
Definitions of the fishery classification criteria for Category I,
II, and III fisheries are found in the implementing regulations for
section 118 of the MMPA (50 CFR part 229). In addition, these
definitions are described in the preambles to the final rule
implementing section 118 (60 FR 45086, August 30, 1995) and in the
final LOF for 1996 (60 FR 67063, December 28, 1995). Because they
provide the basis for the classification of fisheries in the LOF, these
criteria are summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the Potential Biological
Removal (PBR) level for each marine mammal stock.
Tier 1: If the total annual mortality and serious injury across all
fisheries that interact with a stock is less than or equal to 10
percent of the PBR level of this stock, all fisheries interacting with
this stock would be placed in Category III. Otherwise, these fisheries
are subject to the next tier of analysis to determine their
classification.
Tier 2--Category I: Annual mortality and serious injury of a stock
in a given fishery is greater than or equal to 50 percent of the PBR
level.
Tier 2--Category II: Annual mortality and serious injury of a stock
in a given fishery is greater than 1 percent and less than 50 percent
of the PBR level.
Tier 2--Category III: Annual mortality and serious injury of a
stock in a given fishery is less than or equal to 1 percent of the PBR
level.
Tier 1, therefore, considers the cumulative fishery mortality and
serious injury for a particular stock, while Tier 2 considers fishery-
specific mortality for a particular stock. Additional details regarding
how threshold percentages between the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA.
Requirements for Vessels Participating in Category I and II
Fisheries
The primary functions of the LOF are to inform the public of the
levels of interactions with marine mammals in various commercial
fisheries and to identify fisheries for which efforts to reduce these
interactions may be necessary. In addition, the LOF informs the fishing
industry of which fisheries are subject to certain provisions of the
MMPA.
Registration: Fishers participating in Category I or II fisheries
are required, under 50 CFR 229.4, to be registered under the MMPA.
Unless the Authorization Certificate program for a given fishery is
integrated and coordinated with existing state fishery registration
programs, fishers must obtain a registration or renewal packet from
NMFS and submit the completed registration or renewal form and the
required registration fee to the appropriate NMFS Regional Office.
Normally, NMFS will send the fisher an Authorization Certificate,
program decal, and reporting forms within 60 days of receiving the
registration or renewal form and registration fee.
NMFS has successfully integrated registration under the MMPA with
state fishery registration in Washington, Oregon, Alaska, and certain
New England fisheries, and it anticipates being able to integrate
registration with state fishery registration in North Carolina and
California in the near future. The benefits of integrating registration
with existing programs have included a reduction or elimination of fees
for some commercial fishers and a reduction in paperwork that must be
completed by fishers and by NMFS.
Reporting: Vessel owners or operators, or fishers, in the case of
nonvessel fisheries, in Category I, II, or III fisheries must comply
with 50 CFR 229.6 and report all incidental mortalities and injuries of
marine mammals during the course of commercial fishing operations to
NMFS Headquarters. ``Injury'' is defined in 50 CFR 229.2 as a wound or
other physical harm. In addition, any animal that ingests fishing gear,
or any animal that is released with fishing gear entangling, trailing
or perforating any part of the body is considered injured and must be
reported. Instructions for submission of reports are found at 50 CFR
229.6(a).
[[Page 42804]]
Observers: Fishers participating in Category I and II fisheries are
required, upon request, to accommodate an observer aboard their
vessels. Observer requirements may be found at 50 CFR 229.7.
Take Reduction Plans: Fishers participating in Category I and II
fisheries are required to comply with any applicable take reduction
plans. NMFS may develop and implement take reduction plans for any
Category I fishery or Category II fishery that interacts with a
strategic stock of marine mammals.
Sources of Information Reviewed During Development of the Proposed
LOF for 1999
NMFS' Stock Assessment Reports (SARs) provide the best available
information on both the level of serious injury and mortality of marine
mammals that occurs incidental to commercial fisheries and the PBR
levels for marine mammal stocks. The proposed LOF for 1999 is based on
information provided in both the final SARs for 1996 (63 FR 60, January
2, 1998) and the draft SARs for 1998. The draft SARs for 1998 provide
new estimates of total serious injury and mortality of marine mammals
that occur incidental to some U.S. commercial fisheries and provide new
estimates of PBR levels for some marine mammal stocks. If information
in the 1998 draft SARs changes as a result of public comments or
additional review by the Scientific Review Groups (SRGs), these updates
will be incorporated in the final LOF for 1999.
Proposed Changes to the LOF
NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the SARs for all observed fisheries
to determine whether proposed changes in fishery classification were
warranted. NMFS also reviewed other sources of new information,
including marine mammal strandings data and other information that is
not included in the SARs.
NMFS is proposing the following specific changes to the LOF that
would take effect in 1999. With the exception of these proposed
changes, NMFS proposes to retain the fishery classifications as
published in the final LOF for 1998. Under section 118 of the MMPA,
NMFS must include all U.S. commercial fisheries on the LOF.
Accordingly, NMFS is publishing this comprehensive table listing all
U.S. commercial fisheries. NMFS solicits comments on this list and
should be advised of any fishery that is not included in this list. As
a result of comments or information received after the publication of
the proposed 1999 LOF, NMFS may redefine existing fishery definitions,
recategorize fisheries, or add and delete fisheries from this list for
the final 1999 LOF.
Changes Resulting From New Draft 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 was
updated to include the following changes in the draft Pacific and
Atlantic SARs:
1. The CA/OR/WA stocks of Mesoplodont beaked whales were proposed
to be designated as non-strategic;
2. The CA/OR/WA stock of minke whales was 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.
Midwater Trawl Fishery for Atlantic Herring
The current LOF includes a Category III listing for the Gulf of
Maine, U.S. mid-Atlantic coastal herring trawl fishery. This fishery
was originally listed in 1989 and comprised approximately five
participants who operated primarily in Maine state waters. Since that
time, information has become available indicating that vessels target
herring in other areas, including Jeffreys Ledge, offshore on Georges
Bank, and the nearshore waters of Rhode Island, Connecticut, and New
York. Based on discussions with New England Fishery Management Council
staff developing the Herring Fishery Management Plan, NMFS determined
that there is little difference between the boats or gear fishing in
coastal areas (such as Maine state waters) and in areas such as
Jeffreys Ledge or offshore; thus, these fisheries should be considered
part of the same herring midwater trawl fishery.
This herring trawl fishery utilizes midwater trawl gear, a gear
type used in the Atlantic squid, mackerel, butterfish trawl fishery, a
Category II fishery known to take several species of cetaceans. Herring
are an important prey for several Atlantic stocks of marine mammals,
including the Gulf of Maine stock of harbor porpoise, a strategic
stock. NMFS believes that this fishery operates at times and in
locations of significant densities of marine mammals. Therefore, NMFS
is proposing that ``Atlantic herring midwater trawl (including pair
trawl)'' be added to the LOF as a Category II fishery. NMFS is
proposing that the new listing for ``Atlantic herring midwater trawl
(including pair trawl)'' include those vessels currently operating in
the Gulf of Maine, U.S. Mid-Atlantic coastal herring trawl fishery.
Thus, the Category III listing for the Gulf of Maine, U.S. Mid-Atlantic
coastal herring trawl would be removed from the LOF.
Target species and bycatch: These vessels primarily target Atlantic
herring, Clupea harengus, but may catch small amounts of anadromous
``river herring'' species such as blueback herring and alewife. There
are several other finfish bycatch species; however, the most prominent
species are mackerel, spiny dogfish, and silver hake.
Gear types: The basic gear type in this fishery is midwater trawl
gear, which is defined in 50 CFR 648.2 as follows: ``Midwater trawl
gear means trawl gear that is designed to fish for, is capable of
fishing for, or is being used to fish for pelagic species, no portion
of which is designed to be or is operated in contact with the bottom at
any time.''
Several vessels in this fishery are using midwater trawls that are
used as pair trawls (one net towed by two vessels). Although there may
be a higher potential for incidental serious injury or mortality of
marine mammals in pair trawl gear, NMFS has no evidence that it would
be at the Category I level; therefore, NMFS proposes to include these
vessels in the Category II Atlantic herring midwater trawl fishery
until data on differential bycatch rates become available.
In addition, there may be internal waters processing (IWP) or joint
venture (JV) operations in this fishery in certain times and areas.
NMFS does not believe that a separate listing for IWP and JV operations
is warranted at this time. NMFS is investigating the status of these
fisheries and their potential impacts on marine mammals and will
propose a separate categorization for this fishery in the LOF, if
appropriate.
Although the effort data indicate that a significant amount of
herring is landed by bottom trawl gear, this primarily results from a
compilation of a large number of hauls with a small amount of
[[Page 42805]]
herring bycatch, rather than from vessels actually targeting herring.
If any vessels are targeting herring with bottom trawls, that effort
would be considered to be part of the existing Category III listing for
the North Atlantic bottom trawl fishery.
Number of participants: According to landings data from NMFS and
the Maine Department of Marine Resources, there are approximately 17
participants in this fishery, including pair trawl vessels.
Area of operation: Atlantic herring is distributed over continental
shelf waters from Labrador to Cape Hatteras. Therefore, this fishery
could occur anywhere in that area, although it is likely to be limited
by factors such as distance from processing plants and economic
viability. The primary areas of operation are Maine state waters,
Jeffreys Ledge, southern New England, and Georges Bank.
Northeast Multispecies Sink Gillnet Fishery
This fishery was listed in the 1996 LOF as the ``New England
multispecies sink gillnet fishery, including species as defined in the
Multispecies Fisheries Management Plan and spiny dogfish and
monkfish.'' In the 1997 LOF, the name of this fishery was changed to
the ``Northeast multispecies sink gillnet fishery, including species as
defined in the Multispecies Fisheries Management Plan and spiny dogfish
and monkfish.''
NMFS is proposing to change the name of this fishery to the
``Northeast sink gillnet fishery'' to better reflect the target species
and geographic boundaries of this fishery and to avoid future confusion
between this fishery and the boundaries and target species addressed in
the Northeast Multispecies Fishery Management Plan. The Northeast sink
gillnet fishery would include effort for all target species (i.e.,
fishery would no longer be limited to only multispecies finfish,
monkfish, and dogfish). NMFS is not proposing to change the geographic
boundaries of this fishery; thus, the geographic boundary between the
Northeast sink gillnet fishery and the Mid-Atlantic coastal gillnet
fishery would remain as 72 deg.30' W. long.
Gulf of Mexico Menhaden Purse Seine Fishery
The Gulf of Mexico menhaden purse seine fishery is currently
classified as a Category III fishery. Based on a review of 1992-95
observer data, NMFS is proposing that this fishery be placed in
Category II.
Tier I evaluation: Currently, there is no information available on
other Category I or II fisheries interacting with coastal bottlenose
dolphin stocks in the Gulf of Mexico. As a result, takes of a given
stock in any fishery would need to exceed 10 percent of that stock's
PBR to elevate that fishery to Category II.
Tier II evaluation: An observer program conducted by Louisiana
State University in 1992, 1994, and 1995 recorded nine captures of
coastal bottlenose dolphin, eight from the western coastal stock, and
one from the northern coastal stock. Three of the captures from the
western coastal bottlenose stock were reported as mortalities. A total
of 1,038 sets was observed over the 3 years in which the observer
program operated. The only effort data currently available are for
1994, in which 26,097 sets were recorded in the fishery, and for 1995,
when 21,150 sets were recorded. Assuming that an average of the effort
in 1994 and 1995 (23,624 sets) is representative of the effort expanded
over the years 1992, 1994, and 1995, the three observed mortalities
would extrapolate to an annual average of 68 mortalities per year. All
lethal takes occurred in the area encompassing the western coastal
stock of bottlenose dolphin which has a PBR of 29 animals.
Because the annual average of 68 mortalities per year exceeds 50
percent of the PBR level for the western coastal bottlenose stock, this
would ordinarily justify placement of this fishery in Category I;
however, NMFS is proposing to place this fishery in Category II,
pending a revised analysis of the stock structure for bottlenose
dolphin in the Gulf of Mexico. The Atlantic SRG has advised that the
Atlantic and Gulf of Mexico bottlenose dolphin stock structures be re-
examined and has suggested that the three Gulf coastal stocks be
combined. Under this scenario, the PBR levels for the three Gulf
coastal stocks would result in a combined PBR of 154 animals, thus
placing this fishery in Category II. NMFS has not yet determined
whether this would be a biologically appropriate stock designation, but
NMFS believes that provisionally placing this fishery in Category II is
appropriate, pending a revised analysis of stock structure for
bottlenose dolphin in the Gulf of Mexico.
North Carolina Haul Seine Fishery
NMFS has received reports that the North Carolina haul seine
fishery operates in several mid-Atantic states, including North
Carolina, Virginia and New Jersey; therefore, NMFS proposes to change
the name of this fishery to the ``Mid-Atlantic haul seine.''
Discussion of Other Commercial Fisheries
Atlantic Squid, Mackerel, Butterfish Trawl Fishery
In June 1998, the Atlantic SRG recommended that NMFS consider
reclassifying the Atlantic squid, mackerel, butterfish trawl fishery as
a Category I fishery because estimated marine mammal takes in this
fishery exceed the PBR level for two stocks of marine mammals.
The Northeast Fisheries Science Center (NEC) has reviewed the
current mortality estimates for the Atlantic squid, mackerel,
butterfish trawl fishery and found that there is substantial
uncertainty surrounding these estimates. As a result, the NEC plans to
re-evaluate the estimates of marine mammal mortality that occur
incidental to this fishery after data collected in 1997 are analyzed.
Because the marine mammal mortality estimates are currently under
revision, NMFS is not proposing to reclassify this fishery for the 1999
LOF. NMFS expects that the draft 1999 SARs will include updated marine
mammal mortality estimates for this fishery, and NMFS will re-evaluate
the classification of this fishery when the draft 1999 SARs become
available.
U.S. Mid-Atlantic Coastal Gillnet Fishery
The U.S. mid-Atlantic coastal gillnet fishery is currently
classified as a Category II fishery, and information regarding
incidental bycatch of coastal bottlenose dolphin in this fishery was
discussed in the proposed LOF (62 FR 28657, May 27, 1997) and in the
final LOF for 1998 (63 FR 5748, February 4, 1998). No new information
has been received since the publication of the final 1998 LOF to change
the basis for the original Category II classification of this fishery;
therefore, the fishery will remain in Category II. However, data from
the current mid-Atlantic coastal gillnet observer program should be
available in time for the LOF for 2000, and the status of this fishery
will be reviewed at that time.
Atlantic Ocean, Gulf of Mexico Blue Crab Trap/Pot Fishery
Over the 5-year period from 1993 to 1997, eight bottlenose dolphins
stranded in the Southeast Region with identifiable crab pot gear
attached. During the same time period, an additional 22 bottlenose
dolphin carcasses were recovered entangled in crab pot-type line from
an unidentifiable source, or displaying marks on the skin consistent
with
[[Page 42806]]
entanglement in such gear. These strandings were distributed throughout
the Atlantic and Gulf of Mexico states. Manatees have also been
reported entangled in this gear, but most of these animals were
disentangled and released alive.
The eight confirmed dolphin/crab pot entanglements span three
different geographic areas and may represent at least three bottlenose
dolphin stocks, including the south Atlantic area, the south Florida
area, and the Gulf of Mexico. Most, if not all, of the dolphin
carcasses were recovered in inshore waters where bay, sound, and
estuarine stocks of bottlenose dolphins reside.
The Atlantic SARs currently do not recognize separate coastal
bottlenose stocks in the U.S. south Atlantic and south Florida area.
The Atlantic SARs have not yet recognized bay, sound or estuarine
bottlenose stocks in the Atlantic because very little survey data and
stock structure information are available for these animals. Currently,
NMFS is conducting extensive studies to gain a better understanding of
bottlenose dolphin stock structure in these areas.
Until coastal bottlenose dolphin stock structure is better
understood and PBR levels are available, NMFS cannot conduct the tier
analyses required to determine the appropriate categorization of this
fishery. Therefore, this fishery will remain in Category III at this
time. Both NMFS and the Fish and Wildlife Service (FWS) are concerned
about an apparent increase in manatee and dolphin entanglements in crab
pot gear in recent years and intend to monitor this situation closely.
FWS is currently conducting a background study regarding what is
currently known about this fishery in Florida waters. NMFS also hopes
to conduct a field study of dolphin/crab pot interactions in the near
future.
North Carolina Inshore Gillnet Fishery
Recently, one bottlenose dolphin stranded in North Carolina with
evidence of fishery interactions, and two other bottlenose dolphins
were disentangled and released from gillnet gear in inshore North
Carolina waters. These incidences indicate that a small number of
bottlenose dolphin mortalities may have resulted from gillnets in
inside waters of North Carolina. Based on current bottlenose stock
structure information, these animals were most likely from the Western
North Atlantic coastal stock. Assuming that these animals are from the
Western North Atlantic coastal bottlenose stock, the annual take of
this stock in the North Carolina inshore gillnet fishery would be less
than 1 percent. Based on this information, NMFS does not propose to
recategorize this fishery at this time; however, given the
uncertainties regarding bottlenose dolphin stock structure, it is
possible that the bottlenose dolphins in these inshore North Carolina
waters may not be from the Western North Atlantic coastal stock. As
noted, the stock structure for coastal bottlenose stocks is currently
under revision. If new information on bottlenose dolphin stock
structure indicates that this fishery is interacting with a separate
stock of coastal bottlenose dolphin, NMFS will re-evaluate the
categorization of this fishery.
The current observer program for the mid-Atlantic coastal gillnet
fishery will likely incorporate the North Carolina inshore gillnet
fishery in its monitoring program, so more conclusive information on
possible interactions between this fishery and marine mammals should be
available in the near future.
Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks
Longline/Set Line Fishery
The Hawaii swordfish, tuna, billfish, mahi mahi, wahoo, oceanic
sharks longline/set line fishery is classified as a Category III
fishery. This fishery has been observed on a mandatory basis since
February 1994 with low (3.5 to 4.5 percent) levels of observer
coverage. Between 1994 and 1997, there were 10 observed incidental
takes of marine mammals. At least five species of marine mammals were
observed taken along with two unidentified animals one of which was
reported as an unidentified whale and the other as an unidentified
cetacean. The only observed mortality was a short-finned pilot whale in
1996.
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Species 1994 1995 1996 1997 Total
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Risso's dolphin................................ ........... \1\2 ........... \2\2 4
Spinner dolphin................................ ........... ........... ........... \3\1 1
False killer whale............................. ........... ........... ........... \2\1 1
Bottlenose dolphin............................. ........... \2\1 ........... ........... 1
Unidentified cetacean.......................... ........... ........... \1\1 ........... 1
Unidentified whale............................. ........... ........... \3\1 ........... 1
Short-finned pilot whale....................... ........... ........... \4\1 ........... 1
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Total...................................... 0 3 3 4 10
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\1\Gear interaction type unconfirmed/unknown.
\2\Hooked.
\3\Snagged.
\4\Entangled and Killed.
Based on the observed mortality and injuries of several species of
cetaceans, the Pacific SRG recommended, in April 1998, that NMFS
propose to reclassify this fishery as a Category II fishery in the
proposed 1999 LOF.
Estimates of total annual incidental marine mammal mortality and
serious injury are not yet available for this fishery. PBR levels are
unavailable for most of the stocks of marine mammals identified as
incidentally taken in this fishery because the abundance of these
stocks within the Hawaii Exclusive Economic Zone is unknown (Barlow et
al., 1997). The only stock for which a PBR level has been calculated is
for spinner dolphins; however, this is a limited PBR level (6.8
animals) which is based on a minimum count of spinner dolphins from the
west coast of Hawaii only.
The majority of the marine mammals that have been incidentally
taken in this fishery were released alive with injuries. NMFS has not
yet considered these injuries in the classification of the Hawaii
longline fishery; NMFS will be publishing proposed guidelines for
determining what constitutes a serious injury to a marine mammal after
the guidelines are finalized and will evaluate these incidental
injuries at that time. There has been only one confirmed incidental
marine mammal mortality observed in the Hawaii longline fishery over a
4-year monitoring period. NMFS believes that,
[[Page 42807]]
even though observer coverage levels were low, this level of incidental
mortality constitutes a ``remote likelihood of incidental mortality or
serious injury of marine mammals''; therefore, NMFS is proposing to
retain this fishery in Category III. Consideration of incidental
serious injuries in the Hawaii longline fishery may warrant the
reclassification of this fishery in the LOF for 2000.
NMFS recognizes the importance of monitoring marine mammal bycatch
in this fishery and of developing sound marine mammal mortality
estimates. NMFS will be increasing observer coverage of the fishery
this year. Although this observer coverage is intended to primarily
monitor the incidental take of sea turtles, all takes of marine mammals
will be recorded. NMFS is making changes to the sampling protocol for
specimens and to the recording of interactions and considering making
changes to the sampling design for observer coverage to improve the
marine mammal bycatch information that is collected through this
observer program. NMFS will continue to evaluate observer data and any
new information that become available on the level of serious injury
and mortality of marine mammals that is occurring incidental to this
fishery and will propose a recategorization of this fishery as
appropriate.
Although the Hawaii longline fishery is a Category III fishery,
participants in this fishery are already required to take observers
onboard, to submit vessel logbooks, to report all interactions with
marine mammals, and to obtain a limited entry permit to participate in
this fishery.
California Offshore Longline Fishery
The California offshore longline fishery is a small Category III
fishery, with less than 10 vessels currently operating. During part of
the year, vessels in the California longline fishery operate in the
same times and areas as vessels in the Hawaii swordfish, tuna,
billfish, mahi mahi, wahoo, oceanic sharks longline/set line fishery.
Although the California offshore longline fishery has the potential to
interact with some of the same marine mammal stocks as the Hawaii
longline fishery, NMFS has no evidence of serious injuries or
mortalities of marine mammals associated with the California offshore
longline fishery.
Other Proposed Changes to the List of Fisheries
The following changes are being made to clarify the name of the
fishery to: (1) include the specific gear type or target species, (2)
update the estimated number of vessels/persons in the fishery, (3)
revise the name of the fishery to identify its exact geographic area of
operation, or (4) update the stock or species of marine mammals that
are documented as incidentally injured or killed in the fishery.
Table 1, Category II: The name of the Alaska Peninsula/Aleutians
salmon drift gillnet fishery is changed to the Alaska Peninsula/
Aleutian Islands salmon drift gillnet fishery.
Table 1, Category II: The name of the Alaska Peninsula/Aleutian
Island salmon set gillnet fishery is changed to the Alaska Peninsula/
Aleutian Islands salmon set gillnet fishery.
Table 1, Category II: The name of the Alaska Cook Inlet drift
gillnet fishery is changed to the Alaska Cook Inlet salmon drift
gillnet fishery.
Table 1, Category II: The name of the Alaska Bristol Bay drift
gillnet fishery is changed to the Alaska Bristol Bay salmon drift
gillnet fishery.
Table 1, Category II: The name of the Alaska Bristol Bay set
gillnet fishery is changed to the Alaska Bristol Bay salmon set gillnet
fishery.
Table 1, Category II: The name of the Alaska pair trawl fishery is
changed to the Alaska miscellaneous finfish pair trawl fishery.
Table 1, Category III: The name of the Alaska Prince William Sound
set gillnet fishery is changed to the Alaska Prince William Sound
salmon set gillnet fishery.
Table 1, Category III: 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.
Table 1, Category III: The name of the Alaska Metlakatla purse
seine fishery is changed to the Alaska Metlakatla salmon purse seine
fishery.
Table 1, Category III: The estimated number of vessels/persons for
the Alaska Bering Sea, Gulf of Alaska finfish fishery is changed from
277 to 274.
Table 1, Category III: The name of the Alaska other finfish
handline and mechanical jig fishery is changed to the Alaska
miscellaneous finfish handline and mechanical jig fishery.
Table 1, Category III: 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 (3,523 Alaska
only).
Table 2, Category I: The stock of marine mammals that are injured/
killed in the Northeast sink gillnet fishery is clarified for the
following species: Common dolphin, Western North Atlantic (WNA); Fin
whale, WNA; Spotted dolphin, WNA; False killer whale, WNA; Harp seal,
WNA.
Table 2, Category II: The Western North Atlantic coastal stock of
bottlenose dolphin is added as a stock that incurs injury or mortality
incidental to the North Caroline inshore gillnet fishery.
Table 2, Category III: The name of the Gulf of Maine, southeast
U.S. Atlantic coastal shad, sturgeon, gillnet (includes waters of North
Carolina) fishery is changed to the Gulf of Maine, southeast U.S.
Atlantic coastal shad, sturgeon, gillnet fishery. Fishermen
participating in the North Carolina fishery are more appropriately
identified under the U.S. mid-Atlantic coastal gillnet fishery.
Table 2, Category III: 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 from
Bottlenose dolphin, Western Gulf of Mexico (GMX) coastal; Bottlenose
dolphin, Northern GMX coastal; Bottlenose dolphin, Eastern GMX coastal;
Bottlenose dolphin, GMX bay, sound, and estuarine, to none documented.
There have been no documented interactions of marine mammals with this
fishery. The fishery uses run-around gillnets and employs spotter
planes to find schooling mackerel which make interactions with marine
mammals highly improbable.
Proposed Changes to Regulations at 50 CFR Part 229
NMFS is proposing several revisions and technical edits to 50 CFR
part 229. These changes are described here.
Definitions
In several places, the term ``take'' was replaced with the term
``serious injury and mortality'' to better reflect the statutory
language of section 118 of the MMPA.
NMFS is proposing to remove the definitions of the term
``Incidental, but not intentional, take'' and the term ``Incidental
mortality''. NMFS is proposing instead to include a definition of the
term ``Incidental'.
NMFS is proposing to add a definition for the term ``Integrated
fishery'' under Sec. 229.2. This term is currently defined and
discussed in several sections of part 229, but was not previously
defined in Sec. 229.2 Definitions.
Requirements for Category I and II Fisheries
Section 229.4(b)(2)(v) currently requires that vessel/gear owners
provide a description of the gear type and approximate time, duration,
and
[[Page 42808]]
locations of each fishery operation. Because this information is
incorporated within the fishery title, it is not necessary for fishers
to provide NMFS with this additional fishery description information.
NMFS is proposing to remove this requirement.
NMFS is proposing to remove all references to an ``annual decal''
in part 229. The NMFS' Marine Mammal Authorization Program decals do
not have an annual expiration and may not always be issued every year;
therefore, NMFS is proposing that the term ``decal'' be used instead of
the term ``annual decal''.
Under Sec. 229.4(e)(3), Authorization Certificates must be signed
and dated by the owner or the authorized representative of the owner in
order to be valid. NMFS is proposing to remove this provision since the
possession of a certificate is sufficient to provide an authorization
for taking of marine mammals.
NMFS made 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 to improve clarity and readability.
Requirements for Category III Fisheries
The marine mammal deterrence provisions under the 1994 Amendments
to the MMPA should pertain to all commercial fishermen; however,
Sec. 229.5 erroneously indicates that these provisions apply only to
participants in Category I and Category II fisheries. NMFS is proposing
to correct 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
NMFS is proposing to modify 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 would be required to submit the
gear permit number.
Monitoring of Incidental Mortalities and Serious Injuries
Because observers may not always be onboard the vessel and may
monitor bycatch from alternate platforms, NMFS proposes to remove all
reference to an ``onboard observer''.
Under Sec. 229.7(c)(4)(i), vessel operators and crew members must
provide ``adequate accommodations'' for observers. In order to ensure
the health and safety of marine mammal observers, NMFS is proposing to
further define the specific accommodations that vessel operators must
provide. 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 NMFS.
Section 229.7 allows observers to sample, retain, or store marine
mammals or other protected species specimens. NMFS is proposing to
specifically allow observers to sample, retain, or store target and
non-target catch, which would include marine mammals or other protected
species specimens.
Under Sec. 229.7, the current observer requirements apply only to
Authorization Certificate holders; however, the intent of these
regulations is to apply to all vessel owners/operators or operators of
nonvessel gear participating in Category I or II fisheries; therefore,
NMFS is proposing to have the observer requirements apply to ``vessel
owners/operators'' instead of ``Authorization Certificate holders''.
Under Sec. 229.7(c)(6), marine mammals incidentally taken in
commercial fishing operations may be retained only if authorized by
NMFS personnel, designated contractors, an official observer, or by a
scientific permit in the possession of the vessel operator. NMFS
believes that it is more appropriate to place this provision with the
other prohibitions under Sec. 229.3.
Emergency Regulations
NMFS has clarified the regulatory language regarding emergency
actions. Under Sec. 229.9, the Assistant Administrator may promulgate
emergency actions if the incidental mortality or serious injury of
marine mammals from commercial fisheries is having, or is likely to
have, an immediate significant adverse impact on a stock or species. If
the stock is one for which a take reduction team has not been
established or, in the case of a Category III fishery that may be
adversely impacting the stock, the Assistant Administrator may
immediately review the stock assessment for this stock and
classification of this fishery to determine whether a take reduction
team should be established. In this section, NMFS has clarified that
the Assistant Administrator, in reviewing the fishery classification,
would also determine whether a recategorization of the fishery is
appropriate.
Take Reduction Plans
NMFS has added a new introductory section under the subpart
addressing take reduction plan regulations. This new section clarifies
that the MMPA authorizes 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 the plan. This introductory section is followed by
sections addressing the regulatory measures of individual take
reduction plans.
List of Fisheries
The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA. The
estimated number of vessels is expressed in terms of the number of
active participants in the fishery, when possible.
If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants in a
fishery, the number from the 1996 LOF is used. The tables also list the
marine mammal species/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 have no recently documented interactions with marine
mammals. Justifications for placement of these fisheries are by analogy
to other gear types that are known to 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.
[[Page 42809]]
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
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
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 163 Northern fur seal,
Islands salmon drift gillnet. Eastern Pacific*
Harbor seal, GOA
Harbor porpoise, Bering
Sea
Dall's porpoise, AK
AK Peninsula/ Aleutian 110 Steller sea lion,
Islands 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
[[Page 42810]]
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 900 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.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNESS 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 coast
gillnet (excluding treaty
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
CA squid purse seine......... 145 California sea lion,
U.S.
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
[[Page 42811]]
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....... 21 California sea lion,
U.S.
CA salmon enhancement rearing None documented
pen. 1
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="" 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="" [[page="" 42812]]="" 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,="" none="" rock="" crab,="" fish="" potd608.="" documented="" 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="" 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="" tuna......................="" 144="" rough-toothed="" dolphin,="" hi="" hi="" deep="" sea="" bottomfish.......="" 434="" hawaiian="" monk="" seal*+="" 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/mechinical="" 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..........="" 162="" none="" documented="" ak="" clam="" mechanical/hydraulic1="" 9="" none="" documented="" wa="" herring="" spawn-on-="" kelp4none="" 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.="" [[page="" 42813]]="" 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. (3,523 AK
only)
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*
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:
[[Page 42814]]
Atlantic Ocean, Caribbean, 361 Humpback whale, WNA*+
Gulf of Mexico large Minke whale, Canadian
pelagics longline. east coast
Risso's dolphin, WNA
Long-finned pilot whale,
WNA*
Short-finned pilot
whale, WNA*
Common dolphin, WNA*
Atlantic spotted
dolphin, WNA*
Pantropical spotted
dolphin, WNA*
Striped dolphin, WNA
Bottlenose dolphin, WNA
offshore
Bottlenose dolphin, GMX
Outer
Continental Shelf
Bottlenose dolphin, GMX
Continental
Shelf Edge and Slope
Atlantic spotted
dolphin, Northern GMX
Pantropical spotted
dolphin, Northern GMX
Risso's dolphin,
Northern GMX
Harbor porpoise, GME/BF*
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*+
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/BF*
Bays) inshore gillnet.
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.
[[Page 42815]]
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 l550 None documented
traw.
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
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic 30 Harbor porpoise, GME/BF*
herring purse seine. 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.
[[Page 42816]]
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, 750 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.
AAAList of Abbreviations Used in Table 2
FL--Florida
GA--Georgia
GME/BF--Gulf of Maine/Bay of Fundy
GMX--Gulf of Mexico
NC--North Carolina
SC--South Carolina
TX--Texas
WNA--Western North Atlantic
Classification
The 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 proposed LOF for 1999, if
adopted, would not have a significant economic impact on a substantial
number of small entities as follows:
Under existing regulations certain fishers must register, obtain
an Authorization Certificate, and pay a fee of $25. Such a
certificate authorizes the taking of certain marine mammals
incidental to commercial fishing operations. Currently,
approximately 22,500 fishers are registered. The majority of these
fishers do not need to register separately under this program
because their registration has been coordinated with existing state
or Federal registration programs. All fishers participating in
Category I and II fisheries are required to register under the MMPA.
This proposed rule would require the registration of additional
fishers that are classified in Category II, including participants
in the Atlantic herring midwater trawl fishery (17 participants) and
in the Gulf of Mexico menhaden fishery (50 participants). Some of
these fishers may currently participate in other Category II
fisheries and, therefore, may already be required to register under
the MMPA. The application fee, with respect to expected revenues, is
not considered significant because it represents under 0.01 percent
of the total revenue. As a result, a regulatory flexibility analysis
was not prepared.
This action proposes changes to the current List of Fisheries and
reflects new information on commercial fisheries, marine mammals, and
interactions between commercial fisheries and marine mammals. This
proposed list informs the public of which U.S. commercial fisheries may
be required in 1999 to comply with certain parts of the MMPA, including
requirements to register for Authorization Certificates.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
This proposed rule does not contain new collection-of-information
requirements subject to the Paperwork
[[Page 42817]]
Reduction Act; however, the proposed addition of two fisheries to
Category II in the LOF would 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.
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 the Office of Management
and Budget (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 if this proposed rule is adopted
and may actually decrease if additional registration systems are
integrated with existing programs. 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).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
References
Barlow, J., et al. ``U.S. Pacific Marine Mammal Stock Assessments:
1996. NOAA Tech. Mem. NMFS, NOAA-TM-NMFS-SWFSC-248.'' U.S. Dept. of
Commerce, NOAA, National Marine Fisheries Service, Southwest Fisheries
Science Center, 1997.
List of Subjects in 50 CFR Part 229
Administrative practice and procedure, Confidential business
information, Fisheries, Marine mammals, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, 50 CFR part 229 is
proposed to be 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
term ``incidental serious injury and mortality'; 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, to read as follows:
Sec. 229.2 Definitions.
* * * * *
Category III fishery. * * *. 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 refers to 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 term ``injury or mortality'' is added in its place, paragraphs
(e) through (j) are redesignated as paragraphs (f) through (k), 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,
designated contractors or an official observer, or by a scientific
research permit that is in the possession of the vessel operator.
* * * * *
Sec. 229.4 [Amended]
5. In Sec. 229.4, paragraph (b)(2)(v) is removed; paragraphs (b)(2)
(vi) and (c) are redesignated as paragraphs (b)(2)(v) and (b)(2)(vi),
respectively; paragraphs (d) through (m) are redesignated as paragraphs
(c) through (l); and in newly redesignated paragraph (g), the word
``onboard'' is removed.
6. In Sec. 229.4, newly redesignated paragraphs (d)(1)(i) through
(d)(1)(iii) are redesignated as paragraphs (d)(2)(i) through
(d)(2)(iii); newly redesignated paragraphs (c) introductory text and,
(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 paragraph (l) is amended by removing the phrase ``and
annual decals''. Section 229.4, as amended, reads as follows:
Sec. 229.4 Requirements for Category I and II fisheries.
* * * * *
(c) Address. Unless the granting and administration of
authorizations under 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: 562-980-4001;
(4) Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA
01930; telephone: 978-281-9254; or
(5) Southeast Region, NMFS, 9721 Executive Center Drive North, St.
Petersburg, FL 33702; telephone: 727-570-5312.
(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.
[[Page 42818]]
(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:
* * * * *
(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. * * *
* * * * *
7. 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).
* * * * *
8. In Sec. 229.6, paragraph (a) is amended by removing the words
``Category I, II, and 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.
* * * * *
9. 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) and (c)(4)(ix), respectively; the introductory text of
paragraphs (b) and (c), and paragraphs (c)(1), (c)(2), (c)(4)
introductory text, paragraph (c)(4)(i), newly redesignated (c)(4)(vi),
and (c)(5), and (d) introductory text 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) 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.
* * * * *
10. 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 are incidentally injured or killed
by commercial fishing operations and the estimated number of vessels or
persons involved in each commercial fishery.
* * * * *
11. 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 if a take reduction team should be established and
if recategorization of the fishery is warranted; and
* * * * *
12. In Sec. 229.10, paragraphs (d) and (g)(1) are 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.
* * * * *
(g) * * *
(1) Until the Authorization Certificate holder complies with the
regulations under this part, the Assistant Administrator shall suspend
or revoke an Authorization Certificate or deny an annual renewal of an
Authorization Certificate in accordance with the provisions in 15 CFR
part 904 if the Authorization Certificate holder fails to report all
incidental mortality and injury of marine mammals as required under
Sec. 229.6; or fails to take aboard an observer if requested by NMFS or
its designated contractors.
* * * * *
Sec. 229.11 [Amended]
13. In Sec. 229.11, paragraph (b) is amended by removing the
parenthetical phrase (see ADDRESSES).
Sec. 229.20 [Amended]
14. In Sec. 229.20, paragraph (f) is amended by removing the
reference to
[[Page 42819]]
``Sec. 229.21(b)'' and adding in its place a reference to
``Sec. 229.20(b)''.
15. 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.
Dated: August 6, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
[FR Doc. 98-21533 Filed 8-10-98; 8:45 am]
BILLING CODE 3510-22-P
