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List of Fisheries for 2001
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 22, 2001 (Volume 66, Number 14)]
[Proposed Rules]
[Page 6545-6565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja01-53]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 010103003-1003-01, I.D. 083000B]
RIN 0648-AN92
List of Fisheries for 2001
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The National Marine Fisheries Service (NMFS) proposes changes
for 2001 to the List of Fisheries (LOF) as required by the Marine
Mammal Protection Act (MMPA). The proposed LOF for 2001 reflects new
information on interactions between commercial fisheries and marine
mammals. Under the MMPA, NMFS must place a commercial fishery on the
LOF into one of three categories based upon the level of serious injury
and mortality of marine mammals that occurs incidental to that fishery.
The categorization of a fishery in the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
requirements.
DATES: Comments must be received by March 8, 2001.
[[Page 6546]]
ADDRESSES: Send comments to Chief, Marine Mammal Division, Attn: List
of Fisheries, Office of Protected Resources, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
Comments regarding the burden-hour estimates or any other aspect of
the collection of information requirements contained in this proposed
rule should be sent to the Chief, Marine Mammal Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910 and to the Office of Information and Regulatory Affairs, OMB,
Attention: NOAA Desk Officer, Washington, DC 20503.
Registration information and materials and marine mammal reporting
forms may be obtained from the following regional offices:
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Sandra Arvilla.
NMFS, Southeast Region, 9721 Executive Center Drive North, St.
Petersburg, FL 33702, Attn: Teletha Griffin.
NMFS, Southwest Region, Protected Species Management Division, 501
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Don
Peterson.
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Permits Office.
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Emily Hanson, Office of Protected
Resources, 301-713-2322 ext. 101; Kim Thounhurst, Northeast Region,
978-281-9138; Diane Borggaard, Southeast Region, 727-570-5312; Tim
Price, Southwest Region, 562-980-4029; Brent Norberg, Northwest Region,
206-526-6733; Michael Payne, Alaska Region, 907-586-7642. Individuals
who use a telecommunications device for the deaf may call the Federal
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What Is the List of Fisheries?
Under section 118 of the MMPA, NMFS must publish, at least
annually, an LOF that places all U.S. commercial fisheries into one of
three categories based on the level of incidental serious injury and
mortality of marine mammals that occurs in each fishery. The
categorization of a fishery in the LOF determines whether participants
in that fishery may be required to comply with certain provisions of
the MMPA, such as registration, observer coverage, and take reduction
plan requirements.
How Does NMFS Determine In Which Category a Fishery is Placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR part 229). In addition, these definitions are summarized in the
preambles to the final rule implementing section 118 (60 FR 45086,
August 30, 1995), the final LOF for 1996 (60 FR 67063, December 28,
1995), and the proposed LOF for 1999 (63 FR 42803, August 11, 1998).
These criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the Potential Biological
Removal (PBR) level for each marine mammal stock. The PBR level is
defined in 50 CFR 229.2 to mean the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population.
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 II: Annual mortality and serious injury of a stock
in a given fishery is greater than or equal to 50 percent of the PBR
level.
Tier 2, Category II: Annual mortality and serious injury of a stock
in a given fishery is greater than 1 percent and less than 50 percent
of the PBR level.
Tier 2, Category III: Annual mortality and serious injury of a
stock in a given fishery is less than or equal to 1 percent of the PBR
level.
Tier 1, therefore, considers the cumulative fishery mortality and
serious injury for a particular stock, while Tier 2 considers fishery-
specific mortality for a particular stock. Additional details regarding
how threshold percentages between the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086, August 30, 1995).
How Do I Find Out if a Specific Fishery is in Category I, II, or
III?
This proposed rule includes two tables that list all U.S.
commercial fisheries by LOF Category. Table 2 lists all of the
fisheries in the Pacific Ocean (including Alaska). Table 3 lists all of
the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.
How Do I Register?
Owners of vessels or gear engaging in a Category I or II fishery,
are required under 50 CFR 229.4 to obtain a marine mammal
authorization. You must register through a NMFS Regional Offices (see
ADDRESSES) unless you participate in a fishery that has an integrated
registration program. Upon receipt of a completed registration, NMFS
will issue vessel or gear owners a decal to display on their vessels
and an authorization certificate that must be in the possession of the
operator while fishing. The procedures and fees associated with
registration differ between Regions.
For some fisheries, NMFS has integrated the MMPA registration
process with existing state and Federal fishery license, registration,
or permit systems and related programs. Participants in these fisheries
are automatically registered under the MMPA and are not required to pay
the $25 registration fee.
Which Fisheries Have Integrated Registration Programs?
The following fisheries have integrated registration programs under
the MMPA: All Alaska Category II fisheries; all Washington and Oregon
Category II fisheries; and three Atlantic fisheries (the Gulf of Maine,
U.S. mid-Atlantic lobster fishery, the Atlantic squid, mackerel,
butterfish trawl fishery, and the Northeast sink gillnet fishery).
Special procedures and instructions for registration in these
integrated fisheries are described in the preamble to the final LOF for
1998 (63 FR 5748, February 4, 1998).
How Do I Renew My Registration Under the MMPA?
The Regional Offices annually send renewal packets to participants
in Category I or II fisheries that have previously registered; however,
it is your responsibility to ensure that registration or renewal forms
are submitted to NMFS at least 30 days in advance of fishing. If you
have not received a renewal packet by January 1, or are registering for
the first time, request a registration form from the appropriate
Regional Office (see ADDRESSES).
[[Page 6547]]
Am I Required to Submit Reports When I Injure or Kill a Marine
Mammal During the Course of Commercial Fishing Operations?
Any vessel owner or operator, or fisher (in the case of non-vessel
fisheries), participating in a Category I, II, or III fishery must
comply with 50 CFR 229.6 and report all incidental injuries or
mortalities of marine mammals that occur during commercial fishing
operations to NMFS. ``Injury'' is defined in 50 CFR 229.2 as a wound or
other physical harm. In addition, any animal that ingests fishing gear,
or any animal that is released with fishing gear entangling, trailing,
or perforating any part of the body is considered injured and must be
reported. Instructions on how to submit reports can be found in 50 CFR
229.6.
Am I Required to Take an Observer Aboard My Vessel?
Fishers participating in a Category I or II fishery are required to
accommodate an observer onboard your vessel(s) upon request. Observer
requirements can be found in 50 CFR 229.7.
Am I Required to Comply With Any Take Reduction Plan Regulations?
Fishers participating in a Category I or II fishery are required to
comply with any applicable take reduction plans. NMFS may develop and
implement take reduction plans for any Category I or II fishery that
interacts with a strategic stock.
Sources of Information Reviewed for the Proposed 2001 LOF
NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the Stock Assessment Reports (SARs)
for all observed fisheries to determine whether proposed changes in
fishery classification were warranted. NMFS also reviewed other sources
of new information, including marine mammal strandings data, observer
program data, fisher self-reports, and other information that is not
included in the SARs.
NMFS' SARs provide the best available information on both the level
of serious injury and mortality of marine mammals that occurs
incidental to commercial fisheries and the PBR levels for marine mammal
stocks. The information contained in the SARs is reviewed by regional
scientific review groups (SRGs) representing Alaska, the Pacific coast
(including Hawaii), and the Atlantic coast (including the Gulf of
Mexico). The SRGs were created by the MMPA to review the science that
goes into the stock assessment reports and advise NMFS on population
status and trends, uncertainties in the science, research needs, and
other issues.
The proposed LOF for 2001 is based on information provided in the
final SARs for 1996 (63 FR 60, January 2, 1998), the final SARs for
1999 (65 FR 12514, March 9, 2000), and the draft SARs for 2000 (65 FR
31520, May 18, 2000). The final SARs for 1999 and draft SARs for 2000
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 2000 draft SARs changes as a result of public
comments or additional review by the Scientific Review Groups, these
updates will be incorporated in the final LOF for 2001.
Changes Resulting From New Draft SARs
Tables 2 and 3 list 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. Information in
Table 2 was updated to include the following changes in the final 1999
Atlantic and Gulf of Mexico SARs and draft 2000 Atlantic and Gulf of
Mexico SARs:
1. The Northern Gulf of Mexico stock of dwarf sperm whales was
designated as non-strategic.
2. The Northern Gulf of Mexico stock of pygmy sperm whales was
designated as non-strategic.
3. The Western North Atlantic stock of Atlantic spotted dolphin was
designated as non-strategic.
4. The Western North Atlantic stock of pantropical spotted dolphin
was designated as non-strategic.
5. The Western North Atlantic stock of dwarf sperm whales was
designated as non-strategic.
6. The Western North Atlantic stock of long-finned pilot whales is
proposed to be designated as strategic.
The 1999 final Pacific SARs included updates to include new
information on fishery mortality, fisher self-reporting, and stranding
data through 1997, resulting in revisions to 11 stocks, but no changes
to the status of any Pacific stocks. The draft 2000 Pacific SARs
included a complete set of revised stock assessments for Pacific marine
mammal stocks under NMFS jurisdiction, including the following changes
in status:
1. The California/Oregon/Washington stock of short-finned pilot
whales is proposed to be designated as non-strategic;
2. The Central California stock of harbor porpoise is proposed to
be designated as strategic; and
3. The Hawaii stock of false killer whales is proposed to be
designated as strategic.
The final 1999 Alaska SARs and draft 2000 Alaska SARs 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 in
Alaska fisheries provided in Table 3 in the LOF reflects the number of
permits fished in 1999. For those fisheries for which this information
was not available, the number of permits issued in 1999 or the number
of permits fished or issued in prior years were used to represent the
number of participants. The new information did not change the status
of any of the Alaska stocks.
Proposed Changes to the 2001 LOF
NMFS is proposing specific changes to the LOF that would take
effect in 2001. With the exception of the proposed changes, NMFS will
retain the fishery classifications as published in the final LOF for
1999 (64 FR 9067, February 24, 1999), and which continued to be
effective in 2000 (65 FR 24448, April 26, 2000). NMFS solicits comments
on the proposed changes and should be advised of any fishery that is
not included in the LOF. As a result of comments or information
received after the publication of the proposed 2001 LOF, NMFS may
redefine existing fishery definitions, recategorize fisheries, or add
and delete fisheries from this list for the final 2001 LOF.
This proposed LOF addresses commercial fisheries only, but NMFS is
currently working with the Atlantic States Marine Fisheries Commission
and states, partly at the request of the Mid-Atlantic Harbor Porpoise
Take Reduction Team, to look for ways to quantify and address
recreational fisheries and marine mammal interactions. NMFS solicits
comments on distinguishing between the commercial and recreational
fishing sectors when analyzing marine mammal strandings that display
evidence of fishery interactions.
Table 1 has been added to the LOF to provide a summary of fisheries
for which changes are proposed and to identify the type of change. The
first column identifies the fishery as listed in the existing List of
Fisheries, the middle column shows the proposed change, and the third
column lists how the fishery is listed in the proposed 2001 LOF. The
category of each fishery is indicated in parenthesis. A more
[[Page 6548]]
detailed discussion of the change made to each fishery follows in the
text, organized by the type of change. Updates to the number of
participants and to the marine mammal species and stocks incidentally
injured and killed are not included in this table. Changes not
reflected in Table 1 were either made directly to Tables 2 or 3 or are
discussed in the ``Other Proposed Changes or Clarifications to the
LOF'' section.
Table 1--Summary of Changes Proposed for the 2001 List of Fisheries
------------------------------------------------------------------------
Fishery Listing in
Fishery Listing in the 2000 List Proposed Change Proposed 2001 List
of Fisheries of Fisheries
------------------------------------------------------------------------
Commercial Fisheries in the
Pacific Ocean
AK Clam Hand Shovel (III)....... Reorganized AK Clam (III); AK
Clam Mechanical/
Hydraulic (III)
AK Octopus/Squid ``Other'' (III) Renamed AK Squid/Pot (III)
AK Southeast Alaska Herring Food/ Renamed AK Southeast
Bait Pound Net (III). Herring Roe/Food/
Bait Pound Net
(III)
AK Southern Bering Sea, Aleutian Reorganized AK Bering Sea,
Islands, and Western Gulf of Aleutian Islands
Alaska Sablefish Longline/Set Groundfish
Line (federally regulated Longline/Set Line
Waters) (III); AK State Waters (federally
Sablefish Longline/Set Line Regulated Waters,
(III); AK Miscellaneous Finfish/ including
Groundfish Longline/Set Line miscellaneous
(III). finfish and
sablefish) (III);
AK Gulf of Alaska
Groundfish
Longline/Set Line
(federally
regulated waters,
including
miscellaneous
finfish and
sablefish) (III);
AK State-Managed
Waters,
Groundfish
Longline/Set Line
(including
sablefish,
rockfish, and
miscellaneous
finfish) (III)
Southeast AK Salmon Drift Renamed AK Southeast
Gillnet (II). Salmon Drift
Gillnet (II)
Hawaii Swordfish, Tuna, Recategorized Hawaii Swordfish,
Billfish, Mahi Mahi, Wahoo, Tuna, Billfish,
Oceanic Sharks Longline/Set Mahi Mahi, Wahoo,
Line (III). Oceanic Sharks
Longline/Set Line
(II)
N/A............................. Added AK Herring Spawn
on Kelp Pound Net
(III)
N/A............................. Added AK Snail Pot (III)
N/A............................. Added California
Longline (II)
------------------------------------------------------------------------
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico Reorganized and Atlantic Blue Crab
Blue Crab Trap/Pot (III). Recategorized Trap/Pot (II);
Gulf of Mexico
Blue Crab Trap/
Pot (II);
Northeast Trap/
Pot (II)
Atlantic Ocean, Caribbean, Gulf Removed N/A
of Mexico Large Pelagics Drift
Gillnet (I).
Atlantic Squid, Mackerel, Recategorized Atlantic Squid,
Butterfish Trawl (II). Mackerel,
Butterfish Trawl
(I)
Bluefish, Croaker, Flounder Reorganized Mid-Atlantic Mixed
Trawl Fishery (III). Species Trawl
Fishery (III)
Gulf of Maine Small Pelagics Renamed Northeast Anchored
Surface Gillnet (II). Pelagic Gillnet
(II)
Gulf of Maine, Southeast U.S. Reorganized and Southeast Atlantic
Atlantic Coastal Shad, Sturgeon Recategorized Gillnet (II);
Gillnet (III) Northeast Sink
Gillnet (I);
Northeast
Anchored Pelagic
Gillnet (II);
Northeast Drift
Gillnet (II)
Gulf of Maine/U.S. Mid-Atlantic Renamed Northeast/Mid-
Lobster Trap/Pot (I). Atlantic American
Lobster Trap/Pot
(I)
Gulf of Maine, U.S. Mid-Atlantic Reorganized and Northeast Trap/Pot
Mixed Species Trap/Pot (III). Recategorized (II); Mid-
Atlantic Mixed
Species Trap/Pot
(III)
Gulf of Mexico Inshore Gillnet Reorganized and Gulf of Mexico
(III) Gulf of Mexico Coastal Recategorized Gillnet (II)
Gillnet (III); Gulf of Mexico
King and Spanish Mackerel
Gillnet (III).
Mid-Atlantic Coastal Gillnet Recategorized Mid-Atlantic
(II). Coastal Gillnet
(I)
Mid-Atlantic Haul Seine (II).... Reorganized and North Carolina
Renamed Long Haul Seine
(II); Mid-
Atlantic Haul/
Beach Seine (II)
U.S. Mid-Atlantic Mixed Species Renamed U.S. Mid-Atlantic
Stop/Seine/Weir (III). Mixed Species
Stop Seine/Weir
(except the North
Carolina Roe
Mullet Stop Net)
(III)
Mid-Atlantic, Southeastern U.S. Renamed Southeastern U.S.
Atlantic, Gulf of Mexico Shrimp Atlantic, Gulf of
Trawl (III). Mexico Shrimp/
Trawl Fishery
(III)
North Carolina Inshore Gillnet Recategorized North Carolina
(III). Inshore Gillnet
(II)
Southeastern U.S. Atlantic, Reorganized and Southeastern U.S.
Caribbean Haul Seine (III); Renamed Atlantic Haul/
Caribbean Beach Seine (III). Beach Seine
(III); Caribbean
Haul/Beach Seine
(III)
All Southeastern Atlantic Reorganized and Southeast Atlantic
Gillnet Fisheries (except for Recategorized Gillnet (II)
Category II Shark Gillnet);
Florida East Coast King and
Spanish Mackerel Gillnet (III).
Southeastern U.S. Atlantic, Gulf Renamed Southeastern U.S.
of Mexico Snapper-Grouper and Atlantic, Gulf of
Other Reef Fish Bottom Longline/ Mexico, and
Hook-and-Line(III). Caribbean Snapper-
Grouper and Other
Reef Fish Bottom
Longline/Hook-and-
Line(III)
Southeastern U.S. Atlantic, Gulf Reorganized Florida Spiny
of Mexico, Caribbean Spiny Lobster Trap/Pot
Lobster Trap/Pot(III). (III); Caribbean
Spiny Lobster
Trap/Pot(III)
N/A............................. Added Caribbean Gillnet
(III)
N/A............................. Added Caribbean Mixed
Species Trap/Pot
(III)
N/A............................. Added Gulf of Mexico
Haul/Beach Seine
(III)
N/A............................. Added Gulf of Mexico
Mixed Species
Trap/Pot (III)
N/A............................. Added Gulf of Mexico
Mixed Species
Trawl (III)
.............................. Added Gulf of Mexico,
Southeast
Atlantic, Mid-
Atlantic, and
Caribbean Cast
Net (III)
N/A............................. Added Mid-Atlantic Pound
Net (II)
N/A............................. Added North Carolina
Long Haul Seine
(II)
N/A............................. Added Northeast Drift
Gillnet (II)
N/A............................. Added Northeast Trap/Pot
(II)
[[Page 6549]]
N/A............................. Added Southeastern U.S.
Atlantic, Gulf of
Mexico Golden
Crab Trap/Pot
(III)
N/A............................. Added Southeastern U.S.
Atlantic, Gulf of
Mexico Stone Crab
Trap/Pot (III)
------------------------------------------------------------------------
Fisheries Elevated to Category I
Atlantic Squid, Mackerel, Butterfish Trawl Fishery
NMFS proposes to elevate the Atlantic Squid, Mackerel, Butterfish
Trawl Fishery to Category I as justified by the following tier
analysis. Marine mammal species and stocks incidentally injured and
killed by the Atlantic Squid, Mackerel, Butterfish Fishery during the
1996-1998 period include: common dolphin (WNA stock), white-sided
dolphin (WNA stock), and Globicephala, sp. (includes long-finned and/or
short-finned pilot whales)(WNA stock).
Tier 1 Evaluation: The NMFS Sea Sampling program recorded takes of
pilot whales (WNA stock), Atlantic white-sided dolphins (WNA stock),
and common dolphins (WNA stock) between 1996-1998. According to data
presented in the draft 2000 SAR, annual serious injury and mortality
across all fisheries for the pilot whale, white-sided dolphin, and
common dolphin stocks exceeds 10 percent of the PBR level (78, 184, and
107, respectively). Therefore, this fishery is subject to Tier 2
analysis.
Tier 2 Evaluation: Bycatch analysis for this fishery during the
1996-1998 period is reported in the draft 2000 SAR. The analysis
resulted in an estimated average mortality rate for this fishery of 43
pilot whales and 367 common dolphins per year, which is greater than 50
percent of the PBR level for both stocks. Therefore, this fishery is
proposed to be elevated to Category I.
Mid-Atlantic Coastal Gillnet Fishery
NMFS proposes to elevate the Mid-Atlantic Coastal Gillnet fishery
to Category I based on new observer bycatch information about
bottlenose dolphins (WNA coastal stock) presented in the draft 2000
SAR. The geographic boundaries of the Mid-Atlantic Coastal Gillnet
Fishery would be maintained. This fishery includes all gillnet fishing
that is south of Long Island, landward of the 72 deg.30' W. line, and
north of a line extending due east from the North Carolina/South
Carolina border. However, the Mid-Atlantic Coastal Gillnet Fishery
would not include the Category III inshore gillnet fisheries, which are
not changed on the LOF.
Marine mammal species and stocks incidentally injured and killed in
the Mid-Atlantic Coastal Gillnet Fishery include: bottlenose dolphin
(WNA coastal stock), harbor porpoise (Gulf of Maine/Bay of Fundy
stock), harbor seal (WNA stock), harp seal (WNA stock), humpback whale
(undetermined North Atlantic stock), minke whale, (WNA stock),
Globicephala, sp. (includes long-finned and/or short-finned pilot
whales) (WNA stock), white-sided dolphin (WNA stock), and common
dolphin (WNA stock).
The tier analysis justifying this change follows:
Tier 1 Evaluation: The NMFS Sea Sampling program has documented
takes of coastal bottlenose dolphins in the Mid-Atlantic Coastal
Gillnet Fishery. Incidental mortality and serious injury of bottlenose
dolphin (WNA coastal stock) across all fisheries exceeds 10 percent of
the PBR level (25). Therefore, this fishery is subject to Tier 2
analysis.
Tier 2 Evaluation: The draft 2000 SAR reports that the total annual
estimated average fishery-related mortality or serious injury to
bottlenose dolphin (WNA coastal stock) by mid-Atlantic coastal gillnets
during 1994-1998 was 45.8 bottlenose dolphins, which is greater than 50
percent of the PBR level (25) for this stock. Therefore, NMFS proposes
to elevate this fishery to Category I.
Fisheries Elevated to Category II
Atlantic Blue Crab Trap/Pot Fishery
NMFS proposes to rename the Atlantic portion of the Category III
Atlantic Ocean, Gulf of Mexico Blue Crab Trap/Pot Fishery the Atlantic
Blue Crab Trap/Pot Fishery and elevate the fishery to Category II based
on a review of fishery interaction data from bottlenose dolphin
strandings in the southeastern Atlantic. The geographic range of this
fishery would extend from 72 deg.30' W. longitude south from Long
Island to Florida's Atlantic coast. The blue crab is distributed along
the entire East Coast. However, data suggest that significant fishing
effort does not occur north of 72 deg.30' W. longitude. This northern
boundary would also encompass most of the distribution of coastal
bottlenose dolphins along the East Coast. Any blue crab pot effort
north of 72 deg.30' W. longitude would be included in the Northeast
Trap/Pot Fishery.
The marine mammal species and stocks incidentally injured and
killed include the bottlenose dolphin (WNA coastal stock) and West
Indian manatee (FL stock). NMFS is presently evaluating this fishery to
determine the number of participants, although historic numbers
indicate that there may be at least 16,000 participants in this
fishery. NMFS will also consider registration options for this fishery
that will minimize the registration burden on fishers. The tier
analysis justifying this change follows:
Tier 1 Evaluation: Incidental mortality and serious injury of
bottlenose dolphins (WNA coastal stock) across all fisheries is greater
than 10 percent of the PBR level (25), therefore this fishery is
subject to Tier 2 analysis.
Tier 2 Evaluation: Between 1994 and 1998, 22 bottlenose dolphin
carcasses (4.4 dolphins per year on average) recovered by the Stranding
Network between North Carolina and Florida's Atlantic coast displayed
evidence of possible interaction with a trap/pot fishery (i.e., rope
and/or pots attached, or rope marks). Additionally, although not
included in the analysis, at least two dolphins were reported to be
released alive (condition unknown) from blue crab traps/pots during
this time period.
Given that other sources of annual serious injury and mortality
estimates (e.g., observer data) related to the Atlantic Blue Crab Trap/
Pot Fishery are unavailable, the stranding data (4.4 bottlenose
dolphins per year) were used as a minimum estimate of annual serious
injury and mortality. Therefore, bottlenose dolphin (WNA coastal stock)
mortality and serious injury from the Atlantic Blue Crab Trap/Pot
Fishery is estimated to be between 1 percent and 50 percent of the PBR
level (25), warranting placement of this fishery in Category II.
Gulf of Mexico Blue Crab Trap/Pot Fishery
NMFS proposes to rename the Gulf of Mexico portion of the Category
III Atlantic Ocean, Gulf of Mexico Blue
[[Page 6550]]
Crab Trap/Pot Fishery to the Gulf of Mexico Blue Crab Trap/Pot Fishery
and elevate this fishery to Category II based on a review of fishery
interaction data from bottlenose dolphin strandings in the Gulf of
Mexico. The marine mammal species and stocks incidentally injured and
killed include the bottlenose dolphin (Western, Eastern, and Northern
Gulf of Mexico stocks and Gulf of Mexico Bay, Sound, and Estuarine
stock), and West Indian manatee (FL stock). There are approximately
4,113 commercial blue crab fishers in the Gulf of Mexico. NMFS will
consider registration options for this fishery that will minimize the
registration burden on fishers. The tier analysis justifying this
change follows:
Tier 1 Evaluation: As noted in the tier analysis for the Gulf of
Mexico gillnet fishery, total annual mortality and serious injury of
bottlenose dolphin (Gulf of Mexico Bay, Sound, and Estuarine stock)
exceeds 10 percent of the PBR level (39.7), and, therefore, the Gulf of
Mexico Blue Crab Trap/Pot Fishery is subject to Tier 2 analysis.
Tier 2 Evaluation: Between 1994 and 1998, seven bottlenose dolphin
carcasses (1.4 dolphins per year on average) recovered by the Gulf of
Mexico stranding network displayed evidence of possible interaction
with a trap/pot fishery (i.e., rope and/or pots attached, or rope
marks). Additionally, although not included in the analysis, at least 1
dolphin was reported to be released alive (condition unknown) from a
blue crab trap/pot in the Gulf of Mexico during this time period.
Because the Gulf of Mexico Blue Trap/Pot Fishery occurs
predominantly in inshore waters, NMFS combined the PBR of the tentative
Gulf of Mexico Bay, Sound and Estuarine stocks from Florida's Gulf
coast to the Mississippi River mouth (39.5).
Given that other sources of annual serious injury and mortality
estimates (e.g., observer data) related to the Gulf of Mexico Blue Crab
Trap/Pot Fishery are unavailable, the stranding data (0.8 bottlenose
dolphins per year) were used as a minimum estimate of annual serious
injury and mortality. Therefore, bottlenose dolphin mortality and
serious injury from the Gulf of Mexico Blue Trap/Pot Fishery is
estimated to be between 1 percent and 50 percent of the PBR level
(39.7) for bottlenose dolphins (Gulf of Mexico Bay, Sound, and
Estuarine stock), placing this fishery in Category II.
Gulf of Mexico Gillnet Fishery
NMFS proposes to combine the Gulf of Mexico Inshore Gillnet
Fishery, the Gulf of Mexico Coastal Gillnet Fishery, and the Gulf of
Mexico King and Spanish Mackerel Gillnet Fishery into a new Gulf of
Mexico Gillnet Fishery. The COLREGS line\1\ is presently used to divide
the Gulf of Mexico Inshore Gillnet Fisheries (i.e., fisheries occurring
in bays, sounds, or estuaries) from the Gulf of Mexico Coastal Gillnet
Fisheries, but NMFS has learned that similar gillnet fisheries occur
both inside and outside of the COLREGS line. Therefore, NMFS proposes
to combine these fisheries in the LOF for clarity. The Gulf of Mexico
Gillnet Fishery has 734 participants.
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\1\ As defined in 33 CFR part 80, COLREGS demarcation lines
delineate those waters upon which mariners shall comply with the
International Regulations for Preventing Collisions at Sea, 1972 (72
COLREGS) and those water upon which mariners shall comply with the
Inland Navigation Rules. The waters inside of the lines are Inland
Rules waters. The waters outside the lines are COLREGS waters.
COLREGS demarcation lines are depicted or noted on nautical charts
published by NOAA (Coast Charts 1:80,000 scale) and described in 33
CFR part 80.
---------------------------------------------------------------------------
Based on analogy with other gillnet fisheries, the Atlantic
Scientific Review Group (ASRG) recommendation that NMFS elevate all
gillnet fisheries to at least Category II (unless evidence to the
contrary is available), a NOAA memo indicating that stranding data
substantially underestimate human related mortality levels (August 6,
1999, NOAA Memo from R. Merrick and S. Swartz to D. Wieting), and the
actual stranding data presented in the following tier analysis, NMFS is
proposing to elevate the Gulf of Mexico Gillnet Fisheries to Category
II. The species and stocks incidentally injured and killed include
bottlenose dolphin (Gulf of Mexico Western, Northern, and Eastern
Coastal Stocks and the Gulf of Mexico Bay, Sound and Estuarine Stock).
Tier 1 Evaluation: The Gulf of Mexico Menhaden Purse Seine Fishery,
a Category II fishery, has documented interactions with coastal stocks
of bottlenose dolphin, which exceed 10 percent of the combined PBR
level (154) for the Western, Northern and Eastern coastal bottlenose
dolphin stocks. Therefore the Gulf of Mexico Coastal Gillnet Fishery is
subject to Tier 2 analysis.
For the Gulf of Mexico Bay, Sound and Estuarine Stock of bottlenose
dolphin (which was not affected by the menhaden purse seine fishery and
thus not part of the previous tier analysis), the total annual
mortality and serious injury exceeds 10 percent of the PBR level
(39.7). Therefore, the Gulf of Mexico Inshore Gillnet Fishery is also
subject to Tier 2 analysis and data on this fishery will be combined
with the coastal gillnet fishery for the Tier 2 analysis on the Gulf of
Mexico gillnet fishery.
Tier 2 Evaluation: Between 1994 and 1998, the stranding network in
the Gulf of Mexico recovered 35 bottlenose dolphins that died as a
result of fishery interactions. Of these, up to 10 carcasses showed
evidence of gillnet interactions (i.e., attached gillnet and net
marks): one in the eastern Gulf of Mexico, eight in the northern Gulf
of Mexico, and one in the western Gulf of Mexico, for an average of two
bottlenose dolphin mortalities recovered by the U.S. stranding network
per year with evidence of gillnet interactions.
Conclusive stock structure information on bottlenose dolphins in
the Gulf of Mexico is not yet available, so currently NMFS is generally
unable to identify from which stock stranded bottlenose dolphin
originate. To take this uncertainty into consideration, NMFS combined
the PBR levels across the Gulf of Mexico Western (29), Northern (35),
and Eastern (90) coastal stocks (total PBR level of 154) and the Gulf
of Mexico Bay, Sound and Estuarine stock (39.7) for a total PBR level
in the Gulf of Mexico of 193.7.
Given that the Gulf of Mexico Gillnet Fisheries have not been
observed to date, the stranding data (two bottlenose dolphins per year)
were used as a minimum estimate of annual serious injury and mortality.
Therefore, bottlenose dolphin mortality and serious injury from these
fisheries is estimated to be between 1 percent and 50 percent of the
PBR level (193.7), placing this fishery in Category II. As noted in the
August 6, 1999, NOAA Memo from R. Merrick and S. Swartz to D. Wieting,
it is believed that true mortality rates are higher than what stranding
data indicate.
Preliminary breakdown by area and stock for bottlenose dolphin
found in bays, sounds, and estuaries (i.e., inside the COLREGS line)
supports a Category II classification for at least one of the areas/
stocks. For example, in the Bay Boudreau and Mississippi Sound (Block
B02-05, 29, 31), one dead dolphin was recovered by the southeast U.S.
stranding network on average per year with evidence of a gillnet
interaction. Annual serious injury and mortality related to the inshore
gillnet fishery for this stock is between 1 percent and 50 percent of
the PBR level (13).
Most stranded animals used in the analyses with evidence of gillnet
interactions occurred in the northern Gulf of Mexico. Net bans in state
waters off of Florida and Texas may explain why most stranded animals
with evidence of a gillnet interaction
[[Page 6551]]
occurred in the northern Gulf of Mexico. Gillnet fisheries may occur in
Federal waters off of Florida and Texas, but resulting marine mammal
mortalities may occur too far offshore to be reflected in the beach
strandings.
Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks
Longline/Set Line Fishery
NMFS proposes to elevate the Hawaii Swordfish, Tuna, Billfish, Mahi
Mahi, Wahoo, Oceanic Sharks Longline/Set Line Fishery (Hawaii longline
fishery) to Category II because of the diversity of marine mammal
species that have been documented to interact with the fishery,
including false killer whales (Hawaiian stock), Risso's dolphin
(Hawaiian stock), bottlenose dolphin (Hawaiian stock), spinner dolphin
(Hawaiian stock), and short-finned pilot whales (Hawaiian stock). The
draft 2000 Pacific SARs present data about these stocks of marine
mammals and calculate a rate of interaction between the Hawaii longline
fishery and each stock based on observer data. However, the abundance
estimate and PBR for each stock is based on twelve aerial surveys
conducted within approximately 25 nautical miles of the main Hawaiian
Islands in 1993, 1995, and 1998, and therefore underestimates the
abundance and PBR for each stock within the U.S. Exclusive Economic
Zone (EEZ) off of Hawaii. NMFS also has records of an interaction
between the Hawaii longline fishery and a sperm whale (Hawaiian stock)
in 1999 and a humpback whale (Central North Pacific stock) in 1991.
Regardless of the limitations of the abundance estimates and PBRs,
observer data show that the Hawaii longline fishery has occasional
interactions with marine mammals and should therefore be elevated to
Category II. In addition, the recategorization of this fishery from
Category III to Category II is consistent with the way NMFS has
addressed other U.S. pelagic longline fisheries, all of which are
Category I or II.
North Carolina Inshore Gillnet Fishery
NMFS proposes to elevate the North Carolina Inshore Gillnet Fishery
to Category II. A Geographic Information System (GIS) analysis was
performed on fisheries interaction data from bottlenose dolphin
strandings in North Carolina to confirm locations as inside (inshore)
or outside (coastal) of the COLREGS line currently used to distinguish
between North Carolina's inshore and coastal gillnet fisheries. The
analysis revealed 12 fishery interaction-related strandings in inshore
waters. The tier analysis justifying the elevation follows:
Tier 1 Evaluation: Incidental mortality and serious injury across
all fisheries for bottlenose dolphins (WNA coastal stock) is greater
than 10 percent of the PBR level (25). This fishery is thus subject to
Tier 2 analysis.
Tier 2 Evaluation: Between 1993 and 1997, 12 bottlenose dolphins
that died as a result of fishery interactions were recovered from
inshore waters in North Carolina. Of these, eight carcasses bore
evidence of possible gillnet interaction. Of the carcasses stranding
inshore and displaying evidence of gillnet interactions, two were
clearly attributable to gillnet interactions (i.e., visible
monofilament net marks and/or gear present on the carcass). Counting
only these latter two animals, there were 0.4 dead bottlenose dolphins
with clear evidence of gillnet interactions recovered from inshore
waters by the southeast U.S. stranding network on average per year.
Additionally, although not included in the analysis, a live dolphin
entangled in a gillnet in inshore waters was disentangled and released
in September of 1997.
Given that an annual serious injury and mortality estimate related
to the North Carolina Inshore Gillnet Fishery has not been calculated
to date, the stranding data (0.4 bottlenose dolphins per year) was used
as a minimum estimate of annual serious injury and mortality.
Therefore, bottlenose dolphin (WNA coastal stock) mortality and serious
injury from the North Carolina Inshore Gillnet Fishery is estimated to
be between 1 percent and 50 percent of the PBR level (25), placing this
fishery in Category II.
Other inshore gillnet fisheries in the Mid-Atlantic will be re-
evaluated in a future LOF cycle for consistency with the changes
proposed this year.
Southeast Atlantic Gillnet Fishery
NMFS proposes to include all southeast Atlantic gillnet fisheries
(excluding the separate Category II Southeastern U.S. Atlantic Shark
Gillnet Fishery) into one gillnet fishery complex named the Southeast
Atlantic Gillnet Fishery for two reasons: (1) New information indicates
a more extensive use of stab nets (i.e., sink gillnets) in the fishery
for coastal migratory pelagics than was previously known, and (2) the
Florida net ban has resulted in the redistribution of effort from state
gillnet fisheries (e.g., for pompano, spot, croaker) into Federal
waters. The Florida East Coast Pelagics King and Spanish Mackerel
Gillnet Fisheries are included in this proposed new fishery. Gillnet
fishing for shad in the southeast would also be included in this
proposed fishery (see proposal for Gulf of Maine, Southeast U.S.
Atlantic Coastal Shad, Sturgeon Gillnet Fishery). There are
approximately 640 participants in this fishery: 279 participants
gillnetting for various target species in the southeast Atlantic, and
361 participants from the Southeast shad component of the Gulf of
Mexico, Southeast, U.S. Atlantic Coastal Shad, Sturgeon Gillnet
Fishery. This number includes recreational fishermen who have a South
Carolina commercial shad license. Presently, it is not possible to
determine the number of recreational versus commercial fishers who have
a commercial shad license. NMFS will revise the number of participants
to exclude recreational fishermen in a future LOF cycle if the
information necessary to do this becomes available.
Based on analogy with other gillnet fisheries, the ASRG
recommendation that NMFS elevate all gillnet fisheries to at least
Category II (unless evidence to the contrary is available), and a
review of stranding records from 1994-1998, NMFS proposes to place this
fishery in Category II. The marine mammal species and stock
incidentally injured and killed is bottlenose dolphin (WNA coastal
stock). The tier analysis justifying this change follows:
Tier 1 Evaluation: Incidental mortality and serious injury across
all fisheries for bottlenose dolphin (WNA coastal stock) is greater
than 10 percent of the PBR level (25). This fishery is thus subject to
Tier 2 analysis.
Tier 2 Evaluation: Between 1994 and 1998, 44 bottlenose dolphins
that died as a result of fishery interactions were recovered by
stranding network members in South Carolina, Georgia, and the Atlantic
coast of Florida. Of these, five carcasses (1 dolphin per year on
average) bore evidence of a possible gillnet interaction (attached
gillnet and net marks).
Given that an annual serious injury and mortality estimate related
to the Southeast Atlantic Gillnet Fishery has not been calculated to
date, the stranding data (one bottlenose dolphin per year) was used as
a minimum estimate of annual serious injury and mortality. Therefore,
bottlenose dolphin (WNA coastal stock) mortality and serious injury
from the Southeast Atlantic Gillnet Fishery is estimated to be between
1 percent and 50 percent of the PBR level (25), placing this fishery in
Category II. Fisheries Added to the LOF
Alaska Herring Spawn On Kelp Pound Net Fishery
NMFS proposes to add the Alaska Herring Spawn on Kelp Pound Net
Fishery to the LOF as a Category III
[[Page 6552]]
fishery. This fishery would include fisheries of Southeast Alaska and
Prince William Sound. These fisheries were previously on the LOF as
Category III fisheries, but they had become inactive and were removed
in 1993. These fisheries have become active again.
Alaska Snail Pot Fishery
NMFS proposes to add the AK Snail Pot Fishery to the LOF as a
Category III fishery. This small fishery targets three species of sea
snails in the Bering Sea (typically north and west of the Pribilof
Islands), using extremely small pots (less than 18 inches (45.7 cm)
across). This is an extremely temporary and opportunistic fishery,
typically occurring after the opilio crab fishery. Activity in the
fishery is completely market driven, and while there were four permits
fished in 1997, in 1998 there were no landings. According to Alaska
Department of Fish and Game, it would not be impossible, but extremely
unlikely for a marine mammal to get entangled in this gear. The fishery
was observed for crab bycatch, and subsequently has been exempted from
observer coverage since none was found. All other pot fisheries in AK
are currently Category III fisheries.
California Longline Fishery
NMFS proposes to add the California Longline Fishery to the LOF as
a Category II fishery. This fishery is directed primarily towards
swordfish caught outside of the U.S. EEZ off of California. Longline
vessels unloading their catch in California ports are required to fish
outside of the U.S. EEZ and have a California state commercial fishing
license. Currently, approximately 40 to 50 longline vessels unload in
California. Traditionally, many of these vessels landed in Hawaii, but
closures around the Hawaiian Islands have moved fishing effort farther
east, and as a result some longline vessels now land in California. The
California longline fishery is currently not covered by a fishery
management plan (FMP), nor is it subject to any requirements to carry
observers. However, the Pacific Fishery Management Council is in the
process of developing a pelagic FMP that will include the California
longline fishery. The FMP is expected to be finalized in 2002.
Preliminary catch data has been compiled for the California
longline fishery from skipper logbooks, dated between August 1, 1995
and December 31, 1999. The logbooks do not report any whale or dolphin
interactions, but do show interactions with California sea lions and a
Hawaiian monk seal. However, because the California longline fishery
does not operate in the same area that Hawaiian monk seals occur, NMFS
believes the Hawaiian monk seal identification may be incorrect.
Regardless, the gear and methods of fishing by the California longline
fishery are similar to those of the Hawaiian longline fishery.
Therefore, NMFS expects that the California Longline Fishery will
occasionally interact with marine mammals. For this reason, this
fishery is proposed to be added to the LOF as a Category II fishery.
The categorization of this fishery in Category II is consistent with
the way NMFS has addressed other U.S. pelagic longline fisheries, all
of which are Category I or II.
Caribbean Gillnet Fishery
NMFS proposes to add the Caribbean Gillnet Fishery to the LOF as a
Category III fishery. NMFS is currently examining this fishery, and
will determine in a future LOF if a Category II designation is more
appropriate. The marine mammal species and stocks incidentally injured
and killed include dwarf sperm whales (WNA stock) and West Indian
manatees (Antillean stock). During the last 10 years, the Caribbean
stranding network has recorded a gillnet interaction with a dwarf sperm
whale from the Western North Atlantic stock. During the last 20 years,
West Indian manatees have interacted with gillnet gear in the
Caribbean. There are 991 gillnet (including trammel net) fishers in
Puerto Rico. The number of participants in the U.S. Virgin Islands is
unknown.
Caribbean Mixed Species Trap/Pot Fishery
Mixed species trap/pot fisheries exist in the Caribbean but were
omitted from past LOFs. NMFS proposes to add the Caribbean Mixed
Species Trap/Pot Fishery to the LOF as a Category III fishery. There
are 501 mixed species trap/pot fishers in Puerto Rico. The number of
participants in the U.S. Virgin Islands is unknown. NMFS is presently
evaluating this fishery to determine if any species and stocks of
marine mammals are incidentally injured and killed.
Gulf of Mexico Haul/Beach Seine Fishery
The Gulf of Mexico Haul/Beach Seine Fishery was omitted from past
LOFs. NMFS proposes to add this fishery to the LOF as a Category III
fishery. NMFS believes the specific gear configuration used and
operational practices employed (i.e short soak times) warrant a
Category III designation for this fishery. At present, no marine mammal
interactions are documented.
Gulf of Mexico Mixed Species Trap/Pot Fishery
Mixed species trap/pot fisheries exist in the Gulf of Mexico, but
were omitted from past LOFs. NMFS proposes to add the Gulf of Mexico
Mixed Species Trap/Pot Fishery to the LOF as a Category III fishery.
NMFS is evaluating this fishery to determine if any species and stocks
of marine mammals are incidentally injured and killed and to determine
the number of participants in this fishery.
Gulf of Mexico Mixed Species Trawl Fishery
The Gulf of Mexico Mixed Species Trawl fishery was omitted from
previous LOFs. NMFS proposes to add this fishery to the LOF as a
Category III fishery. The Gulf of Mexico Mixed Species Trawl Fishery
would incorporate trawl fisheries occurring in the southeast region
that are not currently in the LOF, which include a periodic cannonball
jellyfish trawl fishery on the west coast of Florida, and a mullet
trawl fishery in the Gulf of Mexico. NMFS estimates that 20 fishers
participate in this fishery.
Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean Cast
Net Fishery
NMFS proposes to add the Gulf of Mexico, Southeast Atlantic, Mid-
Atlantic, and Caribbean Cast Net Fishery to the LOF as a Category III
fishery. The southeast U.S. stranding network reported two manatees
(West Indian, FL) entangled in cast nets, although it is unknown
whether these nets were recreational or commercial. Until NMFS can
further evaluate the gear types as well as the spatial and temporal
distribution of the commercial fisheries NMFS cannot confirm manatee
interactions with this fishery. NMFS is presently evaluating the number
of participants in the commercial sector.
Mid-Atlantic Pound Net Fishery
NMFS proposes to add the Mid-Atlantic Pound Net Fishery to the LOF.
Stranding data for 1993-1997 suggest that this fishery has occasional
takes of coastal bottlenose dolphins. Stranding network members who
have observed dolphin behavior around pound nets report that dolphins
play and feed around pound nets and can become entangled in the leader
part of the nets. The leader is a net that guides fish into the pound
net.
Data from the Chesapeake Bay suggest that the likelihood of
bottlenose dolphins entanglement in pound net
[[Page 6553]]
leads may be affected by the mesh size of the lead net (Bellmund, et
al., 1997), but the information is not conclusive. A study conducted by
the NMFS Beaufort Lab from 1988 to 1999 observing pound nets to study
sea turtles resulted in no observations of bottlenose dolphin
entanglements in the small mesh leader fishery (stretch mesh leader/
lines 8 inches (20.3 cm)).\2\ On each observed set, leaders
were examined from the water's surface by boat. No bottlenose dolphin
entanglements were observed. NMFS requests public comment on the issue
of whether different mesh sizes used in pound net leads would result in
differential bycatch rates of bottlenose dolphins or any other marine
mammal stock.
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\2\ From 1988-1994, 34 pound net trips, with 10-20 sets per
trip, were observed in northern and southern Core Sound and
southeastern Pamlico Sound. During 1995-1997, pound net trips were
observed for over 13 weeks from September to December, ranging from
southern Core Sound to eastern Albemarle Sound in 1995, and from
southern Core Sound to central Pamlico Sound in 1996 and 1997.
There were 1,084 observed sets in 1995 (10 percent of pound nets
set were sampled each week as determined by weekly aerial surveys
flown to quantify pound net effort), 1,084 in 1996 (20 percent of
pound nets set were sampled each week), and 1,162 in 1997 (11
percent of pound nets set were sampled each week). During 1998 and
1999 approximately 156 pound net observations occurred from June-
August in the northern Core Sound each year, with moderate effort
during the fall of 1998 and light effort during the fall of 1999.
---------------------------------------------------------------------------
NMFS proposes to specify the northern boundary of the Mid-Atlantic
Pound Net fishery based on bottlenose dolphin distribution and the
southern boundary as the North Carolina/South Carolina border. NMFS
will revisit this gear type and similar gear types (e.g., staked traps,
weirs) in a future LOF. The names ``staked traps'' and ``weirs'' are
used interchangeably with ``pound nets'' and are fished as far north as
Maine. NMFS has not yet analyzed all data on marine mammal interactions
or fishing effort for this fishery complex and are therefore not
prepared to propose a comprehensive change at this time.
NMFS proposes to classify the Mid-Atlantic Pound Net Fishery as a
Category II fishery. There are 438 participants in the Mid-Atlantic
Pound Net Fishery. Marine mammal species and stocks incidentally
injured and killed include bottlenose dolphin (WNA coastal stock). The
tier analysis justifying this classification follows:
Tier 1 Evaluation: Stranding data for 1993-1997 documents
interactions between the Western North Atlantic Coastal stock of
bottlenose dolphin and the Mid-Atlantic Pound Net Fishery. According to
data presented in the draft 2000 SAR for 1996-1998, annual serious
injury and mortality across all fisheries for bottlenose dolphin (WNA
coastal stock) exceeds 10 percent of the PBR level (25). Therefore,
this fishery is subject to Tier 2 analysis.
Tier 2 Evaluation: Two bottlenose dolphin carcasses were found
entangled in the leads of pound nets in Virginia during 1993-1997, for
an average of 0.4 bottlenose dolphin strandings per year. A third
record of an entangled bottlenose dolphin in Virginia in 1997 may have
been applicable to this fishery. This entanglement involved a
bottlenose dolphin carcass found near a pound net with twisted line
marks consistent with the twine in the nearby pound net lead rather
than with monofilament gillnet gear.
Given that other sources of annual serious injury and mortality
estimates (e.g., observer data) related to the Mid-Atlantic Pound Net
Fishery are not available, the stranding data (0.4 bottlenose dolphins
per year) were used as a minimum estimate of annual serious injury and
mortality. Therefore, bottlenose dolphin mortality and serious injury
from the Mid-Atlantic Pound Net Fishery is estimated to be between 1
percent and 50 percent of the PBR level (25) for the Western North
Atlantic Coastal stock of bottlenose dolphins, placing this fishery in
Category II.
North Carolina Long Haul Seine Fishery
NMFS proposes to add the North Carolina Long Haul Seine Fishery to
Category II and separate this fishery from the Mid-Atlantic Haul/Beach
Seine Fishery (see Other Proposed Changes to the List of Fisheries
section for a definition of this fishery). According to the North
Carolina Division of Marine Fisheries gear description, this fishery is
defined as a multi-filament seine pulled by two boats for a distance of
up to several miles. Fish are encircled and concentrated by pulling the
net around a fixed stake. There are currently 33 participants in the
North Carolina Long Haul Seine Fishery.
The marine mammal stranding network has recorded interactions
between multi-filament gear types and bottlenose dolphins (WNA coastal
stock). For one of these interactions, long haul seines were
specifically implicated as the probable source of interaction. In
addition, a stranding network representative observed the live release
of three bottlenose dolphins from a long haul seine. These observations
support the decision to place this fishery in Category II until NMFS
has more data with which to support another classification.
Northeast Drift Gillnet Fishery
NMFS proposes to add the Northeast Drift Gillnet Fishery to the LOF
as a Category II fishery to ensure that drift gillnet fisheries for
species other than large pelagics are included in the LOF. Based on
analogy with other gillnet fisheries, the Atlantic SRG recommended that
NMFS place gillnet fisheries in Category II (unless evidence to the
contrary is available).
Currently there is no listing for this type of gear in the
Northeast. For the purposes of the LOF, drift gillnet, or driftnet,
gear is gillnet gear that is free-floating on both ends or is free-
floating on one end and attached to the vessel on the other end.
Driftnet gear is not anchored to the bottom. In addition, fishing with
drift gillnet gear of mesh size smaller than those typically used to
target large pelagic species has been recorded for several finfish
species, and this fishing effort occurring in the Northeast is
currently not represented on the LOF.
The proposed Northeast Drift Gillnet Fishery would include all
fishing with drift gillnet gear, regardless of target species or depth
of the water column. The geographic boundaries for the proposed
Northeast Drift Gillnet Fishery would extend from the U.S./Canadian
border south to 72 deg.30' W. longitude, and continue south from the
south shore of Long Island, New York. The Northeast Drift Gillnet
Fishery would not include any sink gillnet fishing occurring in the
areas listed as Category III inshore gillnet fisheries.
Northeast Trap/Pot Fishery
NMFS has documented entanglement of whales, pinnipeds, and small
cetaceans in fixed gear, although the gear involved in whale
entanglements often cannot be attributed to a specific fishery.
However, both lobster pot gear and sink gillnet gear have been
identified in whale entanglements. Whales primarily become entangled in
the vertical components of the gear (e.g., buoy lines), although
entanglement also occurs in the horizontal components of the gear
(e.g., gillnet panels, lobster pot groundlines). Small cetaceans and
pinnipeds become entangled in net panels of fixed gear, and
occasionally in buoy lines (small cetaceans) and traps (pinnipeds). The
Gulf of Maine/U.S. Mid-Atlantic Lobster Trap/Pot Fishery (proposed to
be renamed the Northeast/Mid-Atlantic American Lobster Trap/Pot
Fishery) was elevated to Category I in the 1997 LOF because of evidence
of incidental take resulting in serious injury and mortality of right
whales.
[[Page 6554]]
Several other fixed gear fisheries in the Northeast use gear
components similar to those used in the Lobster and Blue Crab Trap/Pot
fisheries and, therefore, may take marine mammals if fishing effort
overlaps marine mammal distribution. The majority of records of
entanglements in fixed gear cannot be attributed to a specific fishery;
therefore, NMFS cannot conclude that entanglement of marine mammals in
trap/pot fisheries other than lobster and blue crab trap/pot gear is
not occurring.
Trap/pot gear is generally fished either as single pots with one
buoy line or as strings of pots with one or more buoy lines. In a time/
area used by marine mammals, there may be virtually no difference in
the potential for buoy line entanglement between similar gear
components in different fisheries. Groundlines, which are known to
entangle whales, are used for multi-pot trawls in several trap/pot
fisheries. Furthermore, several trap/pot fisheries have developed in
the Northeast that are not represented on the current LOF, including
the hagfish, red crab, stone crab, and jonah crab fisheries. The
hagfish pot fishery sets strings of hagfish barrels in known high-use
areas for whales. A finback whale was entangled in hagfish gear in
1997. Entanglements in red crab gear have not been recorded in U.S.
waters, but the gear is fished in whale habitat, and entanglements of
right and humpback whales in red crab gear have been recorded in
Canadian waters in recent years.
These other trap/pot fisheries may occasionally result in serious
injury and mortality to marine mammals. Therefore, NMFS proposes to
reclassify these fisheries based on analogy with the lobster trap/pot
fishery. However, NMFS does not believe that the rate of incidental
serious injury/mortality in non-lobster trap/pot fisheries would be at
the Category I level, specifically because there are far fewer
participants than in the lobster fishery. Therefore, NMFS proposes to
reclassify the other trap/pot fisheries as Category II.
NMFS proposes to name this fishery the Northeast Trap/Pot Fishery.
The Northeast Trap/Pot Fishery would extend from the U.S./Canadian
border down to the 72 deg.30' W. line, and continue south from the
south shore of Long Island, New York to a line extending due east from
the Virginia/North Carolina border. The other trap/pot fisheries in the
Mid-Atlantic will be re-evaluated in a future LOF cycle for consistency
with the changes proposed this year.
Southeastern U.S. Atlantic, Gulf of Mexico Golden Crab Trap/Pot Fishery
The Southeastern U.S. Atlantic, Gulf of Mexico Golden Crab Trap/Pot
Fishery was omitted from past LOFs. NMFS proposes to add this fishery
to the LOF as a category III fishery. NMFS has no documentation of any
marine mammal species and stocks incidentally injured and killed in
this fishery. The gear rarely uses buoy lines to the surface, and
therefore NMFS believes it is unlikely to result in entanglement. There
are 10 participants in this fishery.
Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab Trap/Pot Fishery
The Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab Trap/Pot
Fishery was omitted from past LOFs. NMFS proposes to add this fishery
to the LOF as a category III fishery. The southeast U.S. stranding
network has reported one bottlenose dolphin entangled in this fishery
in 1998. Marine mammal species and stocks incidentally injured and
killed in this fishery include bottlenose dolphin (Eastern Gulf of
Mexico coastal stock). There are 4,453 participants in this fishery.
Fisheries Removed from the LOF
Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Drift Gillnet
Fishery
NMFS proposes to remove this fishery from the LOF because NMFS
regulations now prohibit this as a gear type for the swordfish and tuna
component of this fishery. Any drift gillnet fisheries that do occur
would be incorporated into the existing and proposed LOF gillnet
listings.
Organizational Changes to the LOF
AK Clam Fishery
NMFS proposes to combine the AK Clam Hand Shovel and the AK Clam
Mechanical/Hydraulic Fisheries into one AK Clam Fishery. The new
fishery designation would include participants in the southeast AK
Geoduck Dive Fishery, which are currently considered part of the AK
Urchin and Other Fish/Shellfish Fishery. Since each of these fisheries
is currently in Category III, NMFS proposes that the new AK Clam
Fishery also be in Category III.
AK Southern Bering Sea, Aleutian Islands, and Western Gulf of Alaska
Sablefish Longline/Set Line (Federally Regulated Waters)
NMFS proposes to change the names of several AK longline/set line
fisheries to make the names of these fisheries in the LOF consistent
with the way these fisheries are addressed in the SARs. NMFS proposes
to split the AK Southern Bering Sea, Aleutian Islands, and Western Gulf
of Alaska Sablefish Longline/Set Line (federally regulated waters) into
the AK Bering Sea, Aleutian Islands Groundfish Longline/Set Line
(federally regulated waters, including miscellaneous finfish and
sablefish), the AK Gulf of Alaska Groundfish Longline/Set Line
(federally regulated waters, including miscellaneous finfish and
sablefish), and the AK State-Managed Waters, Groundfish Longline/Set
Line (including sablefish, rockfish, and miscellaneous finfish)
Fisheries. The AK State Waters Sablefish Longline/Set Line and AK
Miscellaneous Finfish/Groundfish Longline/Set Line Fisheries would be
incorporated appropriately into the three new fisheries. These changes
would make the LOF directly comparable with the SARs and observer data
for these longline fisheries.
Bluefish, Croaker, Flounder Trawl Fishery
NMFS proposes to combine the Bluefish, Croaker, Flounder Trawl
Fishery into the Mid-Atlantic Mixed Species Trawl Fishery. The
Bluefish, Croaker, Flounder Trawl Fishery may consist of at least two
separate fisheries, and although bluefish, croaker, and flounder are
often caught, they may not always be the target species. Therefore,
placing this fishery into the broader Mid-Atlantic Mixed Species Trawl
Fishery will ensure that this fishing activity is covered by the LOF.
The 550 participants currently listed in the Bluefish, Croaker,
Flounder Trawl Fishery may already be reflected in the number of
participants for the Mid-Atlantic Mixed Species Trawl Fishery. NMFS
will evaluate the number of participants in these fisheries and provide
an update in future LOFs.
Caribbean Haul/Beach Seine Fishery
NMFS proposes to combine the Caribbean Haul Seine and Caribbean
Beach Seine fisheries into one fishery called the Caribbean Haul/Beach
Seine Fishery. Marine mammal species and stocks incidentally injured
and killed include the West Indian manatee Antillean stock. The Florida
stock of West Indian manatee was incorrectly listed as interacting with
this fishery in past LOFs.
Gulf of Maine, Southeast U.S. Atlantic Coastal Shad, Sturgeon Gillnet
Fishery
Sturgeon is now a prohibited species in both state and Federal
waters. Therefore, NMFS proposes to remove this Category III fishery
from the LOF to reflect these changes.
[[Page 6555]]
Gillnet fishing for shad in the Southeast is included in the
proposed Category II Southeast Atlantic Gillnet Fishery. Gillnet
fishing for shad in the Northeast is included in the Northeast Sink
Gillnet Fishery, the Northeast Anchored Pelagic Gillnet Fishery, and/or
the Northeast Drift Gillnet Fishery, depending on the type of gear
used. Gillnet fishing for shad in the Mid-Atlantic (i.e., the 73o30' W
line to the North Carolina/South Carolina border) is included in the
U.S. Mid-Atlantic Coastal Gillnet Fishery (57 FR 20328, May 12, 1992).
Gulf of Maine, U.S. Mid-Atlantic Mixed Species Trap/Pot Fishery
NMFS proposes to separate the Gulf of Maine, U.S. Mid-Atlantic
Mixed Species Trap/Pot Fisheries into two separate listings: the
Northeast Trap/Pot Fishery and the Mid-Atlantic Mixed Species Trap/Pot
Fishery. The marine mammal species and stocks incidentally injured and
killed in the Mid-Atlantic Mixed Species Trap/Pot Fishery include the
humpback whale (Gulf of Maine stock), minke whale (Canadian east coast
stock), and harbor porpoise (Gulf of Maine/Bay of Fundy stock).
Additional information on the Northeast Trap/Pot Fishery is described
later in this preamble. NMFS is presently evaluating the Mid-Atlantic
Mixed Species Trap/Pot Fishery to determine the target species and
number of participants. NMFS will evaluate this fishery in a future LOF
for consistency with the Northeast Trap/Pot Fishery.
Southeastern U.S. Atlantic, Gulf of Mexico, Caribbean Spiny Lobster
Trap/Pot Fishery
NMFS proposes to divide the Southeastern U.S. Atlantic, Gulf of
Mexico, Caribbean Spiny Lobster Trap/Pot Fishery into two separate
fisheries: the Florida Spiny Lobster Trap/Pot Fishery and the Caribbean
Spiny Lobster Trap/Pot Fishery.
Marine mammal species and stocks incidentally injured and killed in
the Florida Spiny Lobster Fishery include the West Indian manatee (FL
stock) and bottlenose dolphin (WNA coastal stock). This fishery occurs
off of Florida in the Southeastern U.S. Atlantic and Gulf of Mexico.
NMFS is currently evaluating the number of participants in the Florida
spiny lobster fishery.
There are no known marine mammal species and stocks incidentally
injured and killed as a result of the Caribbean Spiny Lobster Fishery.
There are 197 participants in this fishery in Puerto Rico. The number
of participants in the U.S. Virgin Islands is unknown.
Name Changes to Fisheries in the LOF
AK Octopus/Squid Pot Fishery
The LOF previously included a listing for the AK Octopus/Squid
``Other'' Fishery. Although this fishery originally included several
gear types (dive gear, hand pick, mechanical jigging, and pot), only
the pot fishery is currently active. As a result, NMFS proposes to
change the name to the AK Octopus/Squid Pot Fishery and list this
fishery with the other Category III pot fisheries.
AK Southeast Alaska Herring Food/Bait Pound Net Fishery
The name of the AK Southeast Alaska Herring Food/Bait Pound Net
Fishery is changed to the AK Southeast Herring Roe/Food/Bait Pound Net
Fishery.
Gulf of Maine Small Pelagics Surface Gillnet Fishery
NMFS proposes to change the name of the Category II Gulf of Maine
Small Pelagics Surface Gillnet Fishery to the Northeast Anchored
Pelagic Gillnet Fishery to include anchored pelagic gillnet effort in
other parts of the Northeast and for species other than small pelagics
in the LOF. The Northeast Anchored Pelagic Gillnet Fishery would
include the use of gillnet gear of any size and for any target species
that is anchored and fished in the upper two thirds of the water
column. The geographic boundaries for the proposed Northeast Anchored
Pelagic Gillnet Fishery would extend from the U.S./Canadian border to
72 deg.30' W. longitude, and continue south from the south shore of
Long Island, New York. The Northeast Anchored Pelagic Gillnet Fishery
would not include any sink gillnet fishing occurring in the areas
listed as Category III inshore gillnet fisheries.
Gulf of Maine/U.S. Mid-Atlantic Lobster Trap/Pot Fishery
NMFS proposes to change the name of this fishery from the Gulf of
Maine/U.S. Mid-Atlantic Lobster Trap/Pot Fishery to the Northeast/Mid-
Atlantic American Lobster Trap/Pot Fishery to reflect the distinction
between the American Lobster Fishery and the Spiny Lobster Fishery. The
new name is also intended to clarify that fishing in other areas of the
Northeast, for example offshore areas that might not be considered part
of the Gulf of Maine, are included in the LOF.
Mid-Atlantic Haul Seine Fishery
The name of the Mid-Atlantic Haul Seine fishery is changed to the
Mid-Atlantic Haul/Beach Seine fishery for clarity. This fishery
includes seines where one end is secured (e.g., swipe net, long seine)
as well as seines that may be secured at both ends and hauled up on the
beach.
Mid-Atlantic Mixed Species Stop/Seine/Weir Fishery
The U.S. Mid-Atlantic Mixed Species Stop/Seine/Weir Fishery is
changed to the U.S. Mid-Atlantic Mixed Species Stop Seine/Weir Fishery
to be consistent with the category title for this fishery.
Mid-Atlantic, Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl
Fishery
The Mid-Atlantic component of the Mid-Atlantic, Southeastern U.S.
Atlantic, Gulf of Mexico Shrimp Trawl Fishery is removed, and the name
changed to the Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl
Fishery. The new name reflects that this fishery operates from North
Carolina into the Gulf of Mexico.
Southeast AK Salmon Drift Gillnet
The name of the Southeast AK Salmon Drift Gillnet Fishery is
changed to the AK Southeast Salmon Drift Gillnet Fishery.
Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean Snapper-
Grouper and Other Reef Fish Bottom Longline/Hook-and-Line Fishery
NMFS proposes to revise the name of the Southeastern U.S. Atlantic,
Gulf of Mexico Snapper-Grouper and Other Reef Fish Bottom Longline/
Hook-and-Line Fishery to include the Caribbean. There are 1,349 bottom
longline/hook-and-line fishers in Puerto Rico. The number of
participants in the U.S. Virgin Islands is unknown.
Southeastern U.S. Atlantic, Caribbean Haul Seine Fishery
The name of the Southeastern U.S. Atlantic, Caribbean Haul Seine
Fishery is changed to the Southeastern U.S. Atlantic Haul/Beach Seine
Fishery.
Other Proposed Changes or Clarifications to the LOF
Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline
Fishery
The estimated number of participants in the Atlantic Ocean,
Caribbean, Gulf of Mexico Large Pelagics Longline Fishery is updated to
443. This represents the number of permits issued, not active
participants.
Calico Scallops Trawl Fishery
The estimated number of participants in the Calico Scallops Trawl
Fishery is updated to 12.
[[Page 6556]]
Category II Haul Seine Fisheries
The name of the Haul Seine Fisheries title is changed to Haul/Beach
Seine Fisheries for clarity.
Category III Haul Seine
The name of the Haul Seine Fisheries title under Category III is
changed to Haul/Beach Seine Fisheries and the Beach Seine Fisheries
title is removed for clarity. The Caribbean Beach Seine Fishery is
changed to the Caribbean Haul/Beach Seine Fishery and included in the
new category.
Mid-Atlantic Menhaden Purse Seine
The list of marine mammal species and stocks incidentally injured
and killed in the Mid-Atlantic Menhaden Purse Seine Fishery is updated
to reflect a fisher report of a humpback whale becoming entangled in
the purse seine net, which was subsequently released alive.
Northeast Sink Gillnet Fishery
NMFS is not proposing to change the definition or categorization of
this fishery, but provides the following explanation for clarification
and comparison with fisheries for which changes are proposed. The
Northeast Sink Gillnet Fishery is retained in Category I with the
current geographic boundaries defining this fishery. The Northeast Sink
Gillnet Fishery continues to include all fishing with sink gillnet
gear, regardless of target species, from the U.S./Canadian border to
72 deg.30' W. longitude, and continuing south from the south shore of
Long Island, New York. To differentiate from other LOF gillnet
listings, sink gillnet gear is considered to be anchored gillnet gear
fished in the lower third of the water column. The Northeast Sink
Gillnet Fishery would not include any sink gillnet fishing occurring in
the areas listed as Category III inshore gillnet fisheries.
Southeastern U.S. Atlantic Shark Gillnet Fishery
The list of marine mammal species and stocks incidentally injured
and killed in the Southeastern U.S. Atlantic Shark Gillnet Fishery is
updated to reflect an Atlantic spotted dolphin that was reported
incidentally taken and released alive.
Southeastern U.S. Stranding Data Review
The Southeast Fisheries Science Center is presently conducting a
comprehensive review of all stranding records and if there are any
changes in these estimates they will be listed in a subsequent LOF. At
this time, the estimates of incidental mortality and serious injury
presented in this proposed LOF are considered minimum.
References
Bellmund, S.A., Musick, J.A., Klinger, R.C., Byles, R.A., Keinath,
J.A., and Barnard, D.E. 1997. Ecology of Sea Turtles in Virginia. Final
Report to National Marine Fisheries Service Northeast Region. Contract
number NA80FAC-00004. Virginia Institute of Marine Science, Gloucester
Point, Virginia.
List of Fisheries
The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA including
proposed changes. The estimated number of vessels/participants is
expressed in terms of the number of active participants in the fishery,
when possible. If this information is not available, the estimated
number of vessels or persons licensed for a particular fishery is
provided. If no recent information is available on the number of
participants in a fishery, the number from the 1996 LOF is used.
The tables also list the marine mammal species and stocks that are
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, and fishers' reports. This list
includes all species or stocks known to incur injury or mortality in 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 (including Alaska) are
included in Table 2; commercial fisheries in the Atlantic Ocean, Gulf
of Mexico, and Caribbean are included in Table 3. An asterisk (*)
indicates that the stock is a strategic stock; a plus (+) indicates
that the stock is listed as threatened or endangered under the
Endangered Species Act.
[[Page 6557]]
Table 2.--Proposed List of Fisheries Commercial Fisheries in the Pacific
Ocean
------------------------------------------------------------------------
Marine mammal
Estimated no. of species and stocks
Fishery Description vessels/persons incidentally
killed/injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES:
CA angel shark/halibut and other 58 Harbor porpoise,
species large mesh (>3.5in) set central CA
gillnet. Common dolphin,
short-beaked, CA/
OR/WA
Common dolphin,
long-beaked CA
California sea
lion, U.S. Harbor
seal, CA
Northern elephant
seal, CA breeding
Sea otter, CA
CA/OR thresher shark/swordfish 130 Steller sea lion,
drift gillnet. Eastern U.S.*+
Sperm whale, CA/OR/
WA*+
Dall's porpoise,
CA/OR/WA
Pacific white
sided dolphin, CA/
OR/WA
Risso's dolphin,
CA/OR/WA
Bottlenose
dolphin, CA/OR/WA
offshore
Short-beaked
common dolphin CA/
OR/WA
Long-beaked common
dolphin CA/OR/WA
Northern right
whale dolphin, CA/
OR/WA
Short-finned pilot
whale, CA/OR/WA*
Baird's beaked
whale, CA/OR/WA
Mesoplodont beaked
whale, CA/OR/WA
Cuvier's beaked
whale, CA/OR/WA
Pygmy sperm whale,
CA/OR/WA
California sea
lion, U.S.
Northern elephant
seal, CA breeding
Humpback whale,
CA/OR/WA-Mexico*
Minke whale, CA/OR/
WA
Striped dolphin,
CA/OR/WA
Killer whale, CA/
OR/WA Pacific
coast
Northern fur seal,
San Miguel Island
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Bristol Bay salmon drift 1,903 Steller sea lion,
gillnet. Western U.S.*+
Northern fur seal,
Eastern Pacific*
Harbor seal,
Bering Sea
Beluga whale,
Bristol Bay
Gray whale,
Eastern north
Pacific
Spotted seal, AK
Pacific white-
sided dolphin,
North Pacific
AK Bristol Bay salmon set 1,014 Harbor seal,
gillnet. Bering Sea
Beluga whale,
Bristol Bay
Gray whale,
Eastern North
Pacific
Northern fur seal,
Eastern Pacific*
Spotted seal, AK
AK Cook Inlet salmon drift 576 Steller sea lion,
gillnet. Western U.S.*+
Harbor seal, GOA
Harbor porpoise,
GOA
Dall's porpoise,
AK
Beluga whale, Cook
Inlet*+
AK Cook Inlet salmon set gillnet 745 Steller sea lion,
Western U.S.*+
Harbor seal, GOA
Harbor porpoise,
GOA
Dall's porpoise,
AK
Beluga whale, Cook
Inlet*+
AK Kodiak salmon set gillnet.... 188 Harbor seal, GOA
Harbor porpoise,
GOA
Sea otter, AK
AK Metlakatla/Annette Island 60 None documented
salmon drift gillnet.
AK Peninsula/Aleutian Islands 164 Northern fur seal,
salmon drift gillnet. Eastern Pacific*
Harbor seal, GOA
Harbor porpoise,
Bering Sea
Dall's porpoise,
AK
AK Peninsula/Aleutian Islands 116 Steller sea lion,
salmon set gillnet. Western U.S.*+
Harbor porpoise,
Bering Sea
[[Page 6558]]
AK Prince William Sound salmon 541 Steller sea lion,
drift gillnet. Western U.S.*+
Northern fur seal,
Eastern Pacific*
Harbor seal, GOA
Pacific white-
sided dolphin,
North Pacific
Harbor porpoise,
GOA
Dall's porpoise,
AK
Sea Otter, AK
AK Southeast salmon drift 481 Steller sea lion,
gillnet. Eastern U.S.*+
Harbor seal,
Southeast AK
Pacific white-
sided dolphin,
North Pacific
Harbor porpoise,
Southeast AK
Dall's porpoise,
AK
Humpback whale,
central North
Pacific*+
AK Yakutat salmon set gillnet... 170 Harbor seal,
Southeast AK
Gray whale,
Eastern North
Pacific
WA Puget Sound Region salmon 725 Harbor porpoise,
drift gillnet (includes all inland WA
inland waters south of US- Dall's porpoise,
Canada border and eastward of CA/OR/WA
the Bonilla-Tatoosh line treaty Harbor seal, WA
Indian fishing is excluded). inland
PURSE SEINE FISHERIES:
AK Southeast salmon purse seine. 416 Humpback whale,
central North
Pacific*+
CA anchovy, mackerel, tuna purse 150 Bottlenose
seine. dolphin, CA/OR/WA
offshore
California sea
lion, U.S.
Harbor seal, CA
CA squid purse seine............ 65 Short-finned pilot
whale, CA/OR/WA*
TRAWL FISHERIES:
AK miscellaneous finfish pair 2 None documented
trawl.
LONGLINE FISHERIES:
California longline............. 45 California sea
lion
HI swordfish, tuna, billfish, 140 Humpback whale,
mahi mahi, wahoo, oceanic Central North
sharks longline/set line. Pacific*+
False killer
whales, HI
Risso's dolphin,
HI
Bottlenose
dolphin, HI
Spinner dolphin,
HI
Short-finned pilot
whale, HI
Sperm whale, HI
OR swordfish floating longline.. 2 None documented
OR blue shark floating longline. 1 None documented
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, Norton 1,922 Harbor porpoise,
Sound, Kotzebue salmon gillnet. Bering Sea
AK miscellaneous finfish set 3 Steller sea lion,
gillnet. Western U.S.*+
AK Prince William Sound salmon 30 Steller sea lion,
set gillnet. Western U.S.*+
Harbor seal, GOA
AK roe herring and food/bait 2,034 None documented
herring gillnet.
CA set and drift gillnet 341 None documented
fisheries that use a stretched
mesh size of 3.5 in or less.
Hawaii gillnet.................. 115 Bottlenose
dolphin, HI
Spinner dolphin,
HI
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA
gillnet (excluding treaty coast
Tribal fishing).
WA, OR herring, smelt, shad, 913 None documented
sturgeon, bottom fish, mullet,
perch, rockfish gillnet.
WA, OR lower Columbia River 110 California sea
(includes tributaries) drift lion, U.S.
gillnet. Harbor seal, OR/WA
coast
WA Willapa Bay drift gillnet.... 82 Harbor seal, OR/WA
coast Northern
elephant seal, CA
breeding
PURSE SEINE, BEACH SEINE, ROUND
HAUL AND THROW NET FISHERIES:
AK Metlakatla salmon purse seine 10 None documented
AK miscellaneous finfish beach 1 None documented
seine.
AK miscellaneous finfish purse 3 None documented
seine.
AK octopus/squid purse seine.... 2 None documented
AK roe herring and food/bait 8 None documented
herring beach seine.
AK roe herring and food/bait 624 None documented
herring purse seine.
AK salmon beach seine........... 34 None documented
AK salmon purse seine (except 953 Harbor seal, GOA
Southeast Alaska, which is in
Category II).
[[Page 6559]]
CA herring purse seine.......... 100 Bottlenose
dolphin, CA
coastal
California sea
lion, U.S.
Harbor seal, CA
CA sardine purse seine.......... 120 None documented
HI opelu/akule net.............. 16 None documented
HI purse seine.................. 18 None documented
HI throw net, cast net.......... 47 None documented
WA (all species) beach seine or 235 None documented
drag seine.
WA, OR herring, smelt, squid 130 None documented
purse seine or lampara.
WA salmon purse seine........... 440 None documented
WA salmon reef net 53 None documented
DIP NET FISHERIES:
CA squid dip net................ 115 None documented
WA, OR smelt, herring dip net... 119 None documented
MARINE AQUACULTURE FISHERIES:
CA salmon enhancement rearing >1 None documented
pen.
OR salmon ranch................. 1 None documented
WA, OR salmon net pens.......... 14 California sea
lion, U.S.
Harbor seal, WA
inland waters
TROLL FISHERIES
AK north Pacific halibut, AK 1,530 (330 AK) None documented
bottom fish, WA, OR, CA
albacore, groundfish, bottom
fish, CA halibut non-salmonid
troll fisheries.
AK salmon troll................. 2,335 Steller sea lion,
Western U.S.*+
Steller sea lion,
Eastern U.S.*+
American Samoa tuna troll....... 50 None documented
CA/OR/WA salmon troll........... 4,300 None documented
Commonwealth of the Northern 50 None documented
Mariana Islands tuna troll.
Guam tuna troll................. 50 None documented
HI net unclassified............. 106 None documented
HI trolling, rod and reel....... 1,795 None documented
LONGLINE/SET LINE FISHERIES:
HI trolling, rod and reel.......
AK Bering Sea, Aleutian Islands 115 Northern elephant
groundfish longline/set line seal, CA breeding
(federally regulated waters, Killer whale,
including miscellaneous finfish Eastern North
and sablefish). Pacific resident
Killer whale,
transient
Steller sea lion,
Western U.S.*+
Pacific white-
sided dolphin,
North Pacific
Dall's porpoise,
AK
Harbor seal,
Bering Sea
AK Gulf of Alaska groundfish 867 Steller sea lion,
longline/set line (federally Western U.S.*+
regulated waters, including Harbor seal,
miscellaneous finfish and Southeast AK
sablefish). Northern elephant
seal, CA breeding
AK halibut longline/set line 3,079 Steller sea lion,
(State and Federal waters). Western U.S.*+
AK octopus/squid longline....... 7 None documented
AK state-managed waters 731 None documented
groundfish longline/setline
(including sablefish, rockfish,
and miscellaneous finfish).
CA shark/bonito longline/set 10 None documented
line.
WA, OR, CA groundfish, 367 None documented
bottomfish longline/set line.
WA, OR North Pacific halibut 350 None documented
longline/set line.
TRAWL FISHERIES:
AK Bering Sea and Aleutian 166 Steller sea lion,
Islands Groundfish Trawl. Western U.S.*+
Northern fur seal,
Eastern pacific*
Killer whale,
Eastern North
Pacific resident
Killer whale,
Eastern North
Pacific transient
Pacific white
sided dolphin,
North Pacific
Harbor porpoise,
Bering Sea
Harbor seal,
Bering Sea
Harbor seal, GOA
Bearded seal, AK
Ringed seal, AK
Spotted seal, AK
Dall's porpoise,
AK
Ribbon seal, AK
Northern elephant
seal, CA breeding
Sea otter, AK
Pacific walrus, AK
Humpback whale,
Central North
Pacific*+
Humpback whale,
Western North
Pacific*+
AK food/bait herring trawl...... 3 None documented
[[Page 6560]]
AK Gulf of Alaska groundfish 198 Steller sea lion,
trawl. Western U.S.*+
Northern fur seal,
Eastern Pacific*
Harbor seal, GOA
Dall's porpoise,
AK
Northern elephant
seal, CA breeding
Fin whale,
Northeast Pacific
AK miscellaneous finfish otter 6 None documented
or beam trawl.
AK shrimp otter trawl and beam 58 None documented
trawl (statewide and Cook
Inlet).
AK state-managed waters of Cook 2 None documented
Inlet, Kachemak Bay, Prince
William Sound, Southeast AK
groundfish trawlWA, OR, CA
groundfish trawl.
WA, OR, CA groundfish trawl..... 585 Steller sea lion,
Western U.S.*+
Northern fur seal,
Eastern Pacific*
Pacific white-
sided dolphin,
central North
Pacific
Dall's porpoise,
CA/OR/WA
California sea
lion, U.S.
Harbor seal, OR/WA
coast
WA, OR, CA shrimp trawl......... 300 None documented
POT, RING NET, AND TRAP
FISHERIES:
AK Bering Sea, Gulf of Alaska 257 Harbor seal, GOA
finfish pot. Harbor seal,
Bering Sea
Sea otter, AK
AK crustacean pot............... 1,852 Harbor porpoise,
Southeast AK
AK octopus/squid pot 72 None documented
AK snail pot.................... 2 None documented
CA lobster, prawn, shrimp, rock 608 Sea otter, CA
crab, fish pot.
OR, CA hagfish pot or trap 25 None documented
WA, OR, CA crab pot............. 1,478 None documented
WA, OR, CA sablefish pot........ 176 None documented
WA, OR shrimp pot & trap........ 254 None documented
HI crab trap.................... 22 None documented
HI fish trap.................... 19 None documented
HI lobster trap................. 15 Hawaiian monk
seal*+
HI shrimp trap.................. 5 None documented
HANDLINE AND JIG FISHERIES:
AK miscellaneous finfish 100 None documented
handline and mechanical jig.
AK North Pacific halibut 93 None documented
handline and mechanical jig.
AK octopus/squid handline....... 2 None documented
American Samoa bottomfish....... 50 None documented
Commonwealth of the Northern 50 None documented
Mariana Islands bottomfish.
Guam bottomfish................. 50 None documented
HI aku boat, pole and line...... 54 None documented
HI deep sea bottomfish.......... 434 Hawaiian monk
seal*+
Hi inshore handline............ 650 Bottlenose
dolphin, HI
HI tuna......................... 144 Rough-toothed
dolphin, HI
Bottlenose
dolphin, HI
Hawaiian monk
seal*+
WA groundfish, bottomfish jig... 679 None documented
HARPOON FISHERIES:
CA swordfish harpoon............ 228 None documented
POUND NET/WEIR FISHERIES:
AK herring spawn on kelp pound 452 None documented
net.
AK Southeast herring roe/food/ 3 None documented
bait pound net.
WA herring brush weir........... 1 None documented
BAIT PENS:
WA/OR/CA bait pens.............. 13 None documented
DREDGE FISHERIES:
Coastwide scallop dredge........ 108 (12 AK) None documented
DIVE, HAND/MECHANICAL COLLECTION
FISHERIES:
AK abalone...................... 1 None documented
AK clam......................... 156 None documented
WA herring spawn on kelp........ 4 None documented
AK dungeness crab............... 3 None documented
AK herring spawn on kelp........ 363 None documented
AK urchin and other fish/ 471 None documented
shellfish.
CA abalone...................... 111 None documented
CA sea urchin................... 583 None documented
HI coral diving................. 2 None documented
HI fish pond.................... 10 None documented
HI handpick..................... 135 None documented
HI lobster diving............... 6 None documented
HI squiding, spear.............. 267 None documented
[[Page 6561]]
WA, CA kelp..................... 4 None documented
WA/OR sea urchin, other clam, 637 None documented
octopus, oyster, sea cucumber,
scallop, ghost shrimp hand,
dive, or mechanical collection.
WA shellfish aquaculture........ 684 None documented
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
AK, WA, OR, CA commercial >7,000 (1,107 AK) None documented
passenger fishing vessel.
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 2000.
\+\ 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 2: AK, Alaska; GOA; CA , California; HI, Hawaii Gulf of
Alaska; OR, Oregon, and WA, Washington
Table 3.--Proposed List of Fisheries Commercial Fisheries in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal
Estimated # of species and stocks
Fishery Description vessels/persons incidentally
injured and killed
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES:
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
U.S. Mid-Atlantic coastal >655 Humpback whale,
gillnet. WNA*+
Minke whale,
Canadian east
coast
Bottlenose
dolphin, WNA
offshore
Bottlenose
dolphin, WNA
coastal*+
Harbor porpoise,
GME/BF*
Harbor seal, WNA
Harp seal, WNA
Long-finned pilot
whale, WNA*
Short-finned pilot
whale, WNA*
White sided
dolphin, WNA
Common dolphin,
WNA
LONGLINE FISHERIES:
Atlantic Ocean, Caribbean, Gulf 200 Humpback whale,
of Mexico large pelagics WNA*+
longline. Minke whale,
Canadian east
coast
Risso's dolphin,
WNA
Long-finned pilot
whale, WNA*
Short-finned pilot
whale, WNA*
Common dolphin,
WNA*
Atlantic spotted
dolphin, WNA*
Pantropical
spotted dolphin,
WNA*
Striped dolphin,
WNA
Bottlenose
dolphin, WNA
offshore
Bottlenose
dolphin, GMX
Outer Continental
Shelf
Bottlenose
dolphin, GMX
Continental Shelf
Edge and Slope
Atlantic spotted
dolphin, Northern
GMX
Pantropical
spotted dolphin,
Northern GMX
Risso's dolphin,
Northern GMX
Harbor porpoise,
GME/BF*
TRAP/POT FISHERIES:
[[Page 6562]]
Northeast/Mid-Atlantic American 13,000 North Atlantic
lobster trap/pot. right whale,
WNA*+
Humpback whale,
WNA*+
Fin whale, WNA*+
Minke whale,
Canadian east
coast
Harbor seal, WNA
TRAWL FISHERIES:
Atlantic squid, mackerel, 620 Common dolphin,
butterfish trawl. WNA*
Risso's dolphin,
WNA
Long-finned pilot
whale, WNA*
Short-finned pilot
whale, WNA*
White-sided
dolphin, WNA*
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES:
Gulf of Mexico gillnet.......... 724 Bottlenose
dolphin, Western
GMX coastal
Bottlenose
dolphin, Northern
GMX coastal
Bottlenose
dolphin, Eastern
GMX coastal
Bottlenose
dolphin, GMX Bay,
Sound, and
Estuarine*
North Carolina inshore gillnet.. 94 Bottlenose
dolphin, WNA
coastal*+
Northeast anchored pelagic 133 Humpback whale,
gillnet. WNA*+
White-sided
dolphin, WNA*
Harbor seal, WNA
Northeast drift gillnet......... unknown None documented
Southeast Atlantic gillnet...... 640 Bottlenose
dolphin, WNA
coastal
Southeastern U.S. Atlantic shark 12 Bottlenose
gillnet. dolphin, WNA
coastal* North
Atlantic right
whale, WNA*+
Atlantic spotted
dolphin, WNA
TRAWL FISHERIES:
Atlantic herring midwater trawl 17 Harbor seal, WNA
(including pair trawl).
TRAP/POT FISHERIES:
Atlantic blue crab trap/pot..... >16,000 Bottlenose
dolphin, WNA
coastal*
West Indian
manatee, FL
Gulf of Mexico blue crab trap/ 4,113 Bottlenose
pot. dolphin, Western
GMX coastal
Bottlenose
dolphin, Northern
GMX coastal
Bottlenose
dolphin, Eastern
GMX coastal
Bottlenose
dolphin, GMX Bay,
Sound, &
Estuarine*
West Indian
manatee, FL*+
Northeast trap/pot.............. unknown Fin whale, WNA
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden purse 50 Bottlenose
seine. dolphin, Western
GMX coastal
Bottlenose
dolphin, Northern
GMX coastal
HAUL/BEACH SEINE FISHERIES:
Mid-Atlantic haul/beach seine... 25 Bottlenose
dolphin, WNA
coastal*
Harbor porpoise,
GME/BF*
North Carolina long haul seine.. 33 Bottlenose
dolphin, WNA
coastal*
STOP NET FISHERIES:
North Carolina roe mullet stop 13 Bottlenose
net. dolphin, WNA
coastal*
POUND NET FISHERIES:
Mid-Atlantic pound net.......... 438 Bottlenose
dolphin, WNA
coastal*
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet............... >991 Dwarf sperm whale,
WNA
West Indian
manatee,
Antillean
Chesapeake Bay inshore gillnet.. 45 Harbor porpoise,
GME/BF
Delaware Bay inshore gillnet.... 60 Humpback whale,
WNA*+ Bottlenose
dolphin, WNA
coastal*+ Harbor
porpoise, GME/BF*
Long Island Sound inshore 20 Humpback whale,
gillnet. WNA*+
Bottlenose
dolphin, WNA
coastal*+
Harbor porpoise,
GME/BF*
Rhode Island, southern 32 Humpback whale,
Massachusetts (to Monomoy WNA*+
Island), and New York Bight Bottlenose
(Raritan and Lower New York dolphin, WNA
Bays) inshore gillnet. coastal*+
Harbor porpoise,
GME/BF*
TRAWL FISHERIES:
Calico scallops trawl........... 12 None documented
Crab trawl...................... 400 None documented
Georgia, South Carolina, 25 None documented
Maryland whelk trawl.
Gulf of Maine, Mid-Atlantic sea 215 None documented
scallop trawl.
Gulf of Maine northern shrimp 320 None documented
trawl.
[[Page 6563]]
Gulf of Mexico butterfish trawl. 2 Atlantic spotted
dolphin, Eastern
GMX
Pantropical
spotted dolphin,
Eastern GMX
Gulf of Mexico mixed species 20 None documented
trawl.
Mid-Atlantic mixed species trawl >1,000 None documented
North Atlantic bottom trawl..... 1,052 Long-finned pilot
whale, WNA*
Short-finned pilot
whale, WNA*
Common dolphin,
WNA*
White-sided
dolphin, WNA*
Striped dolphin,
WNA Bottlenose
dolphin, WNA
offshore
Southeastern U.S. Atlantic, Gulf >18,000 Bottlenose
of Mexico shrimp trawl. dolphin, WNA
coastal*+
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 herring 30 Harbor porpoise,
purse seine. GME/BF*
Harbor seal, WNA
Gray seal, WNA
Gulf of Maine menhaden purse 50 None documented
seine.
Florida west coast sardine purse 10 Bottlenose
seine. dolphin, Eastern
GMX coastal
Mid-Atlantic menhaden purse 22 Bottlenose
seine. dolphin, WNA
coastal*+
Humpback whale,
WNA*+
U.S. Atlantic tuna purse seine.. unknown None documented
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,
hook-and-line. Northwest North
Atlantic
Humpback whale,
WNA
Gulf of Maine, U.S. Mid-Atlantic 26,223 Humpback whale,
tuna, shark swordfish hook-and- WNA
line/harpoon.
Southeastern U.S. Atlantic, Gulf >5,000 None documented
of Mexico, and Caribbean
snapper-grouper and other reef
fish bottom longline/hook-and-
line.
Southeastern U.S. Atlantic, Gulf 124 None documented
of Mexico shark bottom longline/
hook-and-line.
Southeastern U.S. Atlantic, Gulf 1,446 None documented
of Mexico, U.S. Mid-Atlantic
pelagic hook-and-line/harpoon.
TRAP/POT FISHERIES
Caribbean mixed species trap/pot >501 None documented
Caribbean spiny lobster trap/pot >197 None documented
Florida spiny lobster trap/pot.. unknown West Indian
manatee, FL*+
Bottlenose
dolphin, WNA
coastal*+
Gulf of Mexico mixed species unknown None documented
trap/pot.
Mid-Atlantic mixed species trap/ unknown Humpback whale,
pot. Gulf of Maine
Minke whale,
Canadian east
coast
Harbor porpoise,
GM/BF
Southeastern U.S. Atlantic, Gulf 10 None documented
of Mexico golden crab trap/pot.
Southeastern U.S. Atlantic, Gulf 4,453 Bottlenose
of Mexico stone crab trap/pot. dolphin, Eastern
Gulf of Mexico
coastal
U.S. Mid-Atlantic eel trap/pot.. >700 None documented
U.S. Mid-Atlantic and Southeast 30 None documented
U.S. Atlantic black sea bass
trap/pot.
STOP SEINE/WEIR/POUND NET
FISHERIES:
Gulf of Maine herring and 50 North Atlantic
Atlantic mackerel stop seine/ right 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 crab stop 2,600 None documented
seine/weir.
U.S. Mid-Atlantic mixed species 500 None documented
stop seine/weir (except the
North Carolina roe mullet stop
net).
DREDGE FISHERIES:
Gulf of Maine mussel............ >50 None documented
Gulf of Maine, U.S. Mid-Atlantic 233 None documented
sea scallop dredge.
U.S. Mid-Atlantic/Gulf of Mexico 7,000 None documented
oyster.
U.S. Mid-Atlantic offshore surf 100 None documented
clam and quahog dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach seine...... 15 West Indian
manatee,
Antillean
Gulf of Mexico haul/beach seine. unknown None documented
Southeastern U.S. Atlantic, haul/ 25 None documented
beach seine.
[[Page 6564]]
DIVE, HAND/MECHANICAL COLLECTION
FISHERIES:
Atlantic Ocean, Gulf of Mexico, 20,000 None documented
Caribbean shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin dive, hand/ >50 None documented
mechanical collection.
Gulf of Mexico, Southeast unknown None documented
Atlantic, Mid-Atlantic, and
Caribbean cast net.
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
Atlantic Ocean, Gulf of Mexico, 4,000 None documented
Caribbean commercial passenger
fishing vessel.
------------------------------------------------------------------------
* Marine mammal stock is strategic or is proposed to be listed as
strategic in the draft SARs for 2000.
+ Stock is listed as threatened or endangered under the ESA or as
depleted under the MMPA. List of Abbreviations Used in Table 3 FL -
Florida NC - North Carolina GA - Georgia SC - South Carolina GME/BF -
Gulf of Maine/Bay of Fundy TX - Texas GMX - Gulf of Mexico WNA -
Western North Atlantic
Classification
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed LOF for 2001, if adopted, would not
have a significant economic impact on a substantial number of small
entities for the following reasons.
Under existing regulations, all fishers participating in Category I
or II fisheries, must register, obtain an Authorization Certificate,
and pay a fee of $25. The Authorization Certificate authorizes the
taking of marine mammals incidental to commercial fishing operations.
NMFS has estimated that approximately 22,400 fishing vessels operate in
Category I or II fisheries, and, therefore, are required to register.
However, the registration for the majority of these fishers has been
integrated with existing state or Federal registration programs, and
those fishers do not need to register separately under the MMPA.
Currently, approximately 3,800 fishers register directly with NMFS
under the MMPA authorization program.
This proposed rule would require the registration of approximately
22,219\3\ additional fishers. Fisheries that are proposed to be
elevated to Category II and whose participants would be required to
register with NMFS include the Hawaii Swordfish, Tuna, Billfish, Mahi
Mahi Wahoo, Oceanic Sharks, Longline/Set Line Fishery (140
participants), the North Carolina Inshore Gillnet Fishery (94
participants), the Gulf of Mexico Gillnet Fishery (724 participants),
the Southeast Atlantic Gillnet Fishery (640 participants), the Atlantic
Blue Crab Fishery (>16,000), and the Gulf of Mexico Blue Crab Fishery
(4,113 participants). The California Longline Fishery (45
participants), the Mid-Atlantic Pound Net Fishery (438 participants),
the Northeast Trap/Pot Fishery (unknown number of participants), the
North Carolina Long Haul Seine Fishery (33 participants) and the
Northeast Drift Gillnet Fishery (unknown number of participants) are
new fisheries that have been proposed to be added to the LOF this year
as Category II fisheries.
---------------------------------------------------------------------------
\3\This number includes 16,000 fishers who have historically
participated in the Atlantic Blue Crab Fishery. NMFS is currently
evaluating the current number of participants and will provide that
information in a future LOF cycle.
---------------------------------------------------------------------------
Participants in fisheries elevated to Category II or added to the
LOF may already participate in Category I or II fisheries for which
they currently register under the MMPA or participate in Federal or
State fisheries with integrated registration programs, and therefore
would not be required to register separately under the MMPA or pay the
$25 registration fee.
The $25 registration fee, with respect to anticipated revenues, is
not considered significant. NMFS will also consider integrating
registration requirements with other fisheries to minimize the
registration burden on fishers. NMFS would waive the registration fee
for fisheries where an integrated registration program can be arranged.
As a result of the certification, a regulatory flexibility analysis
was not prepared.
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 Office of Management and Budget (OMB)
control number. This proposed rule does not contain new collection-of-
information requirements subject to the Paperwork Reduction Act;
however, the proposed addition of fisheries to Category II in the LOF
could result in up to 22,219 fishers being subject to an existing
collection-of-information requirement. However, NMFS expects that most
of these fishers will not be required to do any additional reporting.
For example, this number includes 16,000 fishers who have historically
participated in the Atlantic Blue Crab Trap/Pot Fishery and 4,113
fishers who have historically participated in the Gulf of Mexico Blue
Crab Trap/Pot Fishery. NMFS is currently evaluating the current number
of participants in these two fisheries and is planning to integrate
registration with existing state or Federal registration programs as
soon as possible. Also, many of the fishers may already participate in
other Category I or II fisheries or participate in Federal or state
fisheries with integrated registration programs and would not be
required to register separately under the MMPA.
The collection of information for the registration of fishers under
the MMPA has been approved by the OMB under OMB control number 0648-
0293 (0.25 burden hours per report for new registrants and 0.15 burden
hours for renewals). These estimates include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing burdens to NMFS and OMB (see
ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
An environmental assessment was prepared under the National
[[Page 6565]]
Environmental Policy Act (NEPA) for regulations to implement section
118 of the MMPA (1995 EA). The 1995 EA concluded that implementation of
those regulations would not have a significant impact on the human
environment. This proposed rule, if implemented, would not make any
significant change in the management of reclassified fisheries, and
therefore this proposed rule is not expected to change the analysis or
conclusion of the 1995 EA. The classification of fisheries on the LOF
is not considered to be a management action. If NMFS takes a management
action, for example, through the development of a Take Reduction Plan
(TRP), NMFS would prepare an environmental document as required under
NEPA specific for that action.
Changes to the proposed LOF for 2001 will not affect species listed
as threatened or endangered under the Endangered Species Act (ESA) or
their associated critical habitat. The impacts of numerous fisheries
have been analyzed in various biological opinions and this proposed
rule will not affect the conclusions of those opinions. The
classification of fisheries on the LOF is not considered to be a
management action that would impact threatened or endangered species.
If NMFS takes a management action, for example, through the development
of a Take Reduction Plan (TRP), NMFS would conduct consultation under
section 7 of the ESA specific for that action.
This proposed rule will have no adverse impacts on marine mammals
and may have a positive impact on marine mammals by improving knowledge
of marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs or take reduction
teams.
This proposed rule will not affect the land or water uses or
natural resources of the coastal zone, as specified under section 307
of the Coastal Zone Management Act.
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this rule.
Such comments should be sent to the Office of Protected Resources (see
ADDRESSES).
Dated: January 12, 2001.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 01-1542 Filed 1-19-01; 8:45 am]
BILLING CODE 3510-22-S