Proposed List of Fisheries for 1999

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.

-----------------------------------------------------------------------

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.

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

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

shery 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

orting 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).

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

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

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

o 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

ing

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

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

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

ributed 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

rt 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

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

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

se 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

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

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

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

n 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.

----------------------------------------------------------------------------------------------------------------

Species 1994 1995 1996 1997 Total

----------------------------------------------------------------------------------------------------------------

Risso's dolphin................................ ........... \1\2 ........... \2\2 4

Spinner dolphin................................ ........... ........... ........... \3\1 1

False killer whale............................. ........... ........... ........... \2\1 1

Bottlenose dolphin............................. ........... \2\1 ........... ..........

----------------------------------------------

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

----------------------------------------------------------------

Total...................................... 0 3 3 4 10

----------------------------------------------------------------------------------------------------------------

\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

sive 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,

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

overage 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

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

laska 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

astal 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

ke'' 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

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

f 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

rder 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

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

his 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.

ill 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

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

l, 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 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

fornia 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

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

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.... 4,000 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.... 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

umber 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:

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

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

ocumented

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.

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

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

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.

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, 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

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:

a

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.

nhaden 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

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

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.

* * * * *

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

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,

agraphs (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.

(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:

* * * * *

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.

(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

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:

ractor

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.

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.

* * * * *

* * * * *

(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

``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