`[Federal Register Volume 69, Number 231 (Thursday, December 2, 2004)]
[Proposed Rules]
[Pages 70094-70117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26577]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 041108310-4310-01; I.D. 100104H]
RIN 0648-AS78


List of Fisheries for 2005

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

ACTION: Proposed rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing the 
proposed List of Fisheries (LOF) for 2005, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2005 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must categorize each commercial fishery on the LOF into 
one of three categories under the MMPA based upon the level of serious 
injury and mortality of marine mammals that occurs incidental to each 
fishery. The 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 January 3, 2005.

ADDRESSES: You may send comments by any of the following methods:
     Mail: Chief, Marine Mammal Conservation Division, Attn: 
List of Fisheries, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.
     E-mail: [email protected].
     Federal eRulemaking portal: http://www.regulations.gov 
(follow instructions for submitting comments).
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in this 
proposed rule, should be submitted in writing to the Chief, Marine 
Mammal Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910 and to David Rostker, OMB, 
by e-mail at [email protected] or by fax to 202-395-7285.
    Registration information, 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: Marcia Hobbs;
    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 
9\th\ Street, Juneau, AK 99802; or
    NMFS, Pacific Islands Region, Protected Resources Division, 1601 
Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814-4700.

FOR FURTHER INFORMATION CONTACT: Kristy Long, Office of Protected 
Resources, 301-713-1401; David Gouveia, Northeast Region, 978-281-9328; 
Juan Levesque, Southeast Region, 727-570-5312; Cathy Campbell, 
Southwest Region, 562-980-4060; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Tamra Faris, 
Pacific Islands Region, 808-973-2937. Individuals who use a 
telecommunications device for the hearing impaired may call the Federal 
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. 
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

[[Page 70095]]

What is the List of Fisheries?

    Section 118 of the MMPA requires that NMFS place 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 (16 U.S.C. 1387 (c)(1)). 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. 
NMFS must reexamine the LOF annually, considering new information in 
the Stock Assessment Reports, other relevant sources, and the LOF, and 
publish in the Federal Register any necessary changes to the LOF after 
notice and opportunity for public comment (16 U.S.C. 1387 (c)(3)).

How Does NMFS Determine in which Category a Fishery is Placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock, and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the Potential Biological 
Removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population. This definition can also be found in the 
implementing regulations for section 118 at 50 CFR 229.2.
    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 the stock, all fisheries interacting with 
the stock would be placed in Category III. Otherwise, these fisheries 
are subject to the next tier (Tier 2) of analysis to determine their 
classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level.
    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.
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. Additional details 
regarding how the categories were determined are provided in the 
preamble to the final rule implementing section 118 of the MMPA (60 FR 
45086, August 30, 1995).
    Since fisheries are categorized on a per-stock basis, a fishery may 
qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
categorized on the LOF at its highest level of classification (e.g., a 
fishery that qualifies for Category III for one marine mammal stock and 
for Category II for another marine mammal stock will be listed under 
Category II).

Other Criteria That May Be Considered

    In the absence of reliable information indicating the frequency of 
incidental mortality and serious injury of marine mammals by a 
commercial fishery, NMFS will determine whether the incidental serious 
injury or mortality qualifies for Category II by evaluating other 
factors such as fishing techniques, gear used, methods used to deter 
marine mammals, target species, seasons and areas fished, qualitative 
data from logbooks or fisher reports, stranding data, and the species 
and distribution of marine mammals in the area, or at the discretion of 
the Assistant Administrator for Fisheries (50 CFR 229.2).

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 1 lists all of the 
fisheries in the Pacific Ocean (including Alaska). Table 2 lists all of 
the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.

Am I Required to Register Under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization from NMFS in order to lawfully incidentally take a marine 
mammal in a commercial fishery. Owners of vessels or gear engaged in a 
Category III fishery are not required to register with NMFS or obtain a 
marine mammal authorization.

How Do I Register?

    Fishers must register with the Marine Mammal Authorization Program 
(MMAP) by contacting the relevant NMFS Regional Office (see ADDRESSES) 
unless they participate in a fishery that has an integrated 
registration program (described below). Upon receipt of a completed 
registration, NMFS will issue vessel or gear owners physical evidence 
of a current and valid registration that must be displayed or in the 
possession of the master of each vessel while fishing in accordance 
with section 118 of the MMPA (16 U.S.C. 1387(c)(3)(A)).

What is the Process for Registering in an Integrated Fishery?

    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 
submit registration or renewal materials or pay the $25 registration 
fee. Following is a list of integrated fisheries and a summary of the 
integration process for each Region. Fishers who operate in an 
integrated fishery and have not received registration materials should 
contact their NMFS Regional Office (see ADDRESSES).

Which Fisheries Have Integrated Registration Programs?

    The following fisheries have integrated registration programs under 
the MMPA:
    1. All Alaska Category II fisheries;
    2. All Washington and Oregon Category II fisheries;
    3. Northeast Regional fisheries for which a state or Federal permit 
is required. Individuals fishing in fisheries for which no state or 
Federal permit is required must register with NMFS by contacting the 
Northeast Regional Office (see ADDRESSES); and
    4. All North Carolina, South Carolina, Georgia, and Florida 
Category I and II fisheries for which a state permit is required.
    5. The Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic 
Sharks Longline/Set line Fishery (Hawaii longline fishery) was elevated 
to Category I in the 2004 LOF. The Pacific Islands Regional Office is 
integrating the MMPA registration process with the existing Hawaii 
longline fishery limited entry permit

[[Page 70096]]

process. Participants in this fishery will be automatically registered 
under the MMPA and will not be required to submit registration or pay 
the $25 registration fee.

How Do I Renew My Registration Under the MMPA?

    Regional Offices, except for the Northeast Region, annually send 
renewal packets to participants in Category I or II fisheries that have 
previously registered; however, it is the responsibility of the fisher 
to ensure that registration or renewal forms are completed and 
submitted to NMFS at least 30 days in advance of fishing. Individuals 
who have not received a renewal packet by January 1 or are registering 
for the first time should request a registration form from the 
appropriate Regional Office (see ADDRESSES).

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or fisher (in the case of non-vessel 
fisheries), participating in a Category I, II, or III fishery must 
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, regardless of the absence of any wound or 
other evidence of an injury, 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 aboard 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.

Sources of Information Reviewed for the Proposed 2005 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 changes in fishery 
classification were warranted. NMFS' SARs are based on the best 
scientific information available at the time of preparation for the 
information presented in the SARs, including the level of serious 
injury and mortality of marine mammals that occurs incidental to 
commercial fisheries and the PBR levels of marine mammal stocks. NMFS 
also reviewed other sources of new information, including marine mammal 
stranding data, observer program data, fisher self-reports, and other 
information that is not included in the SARs.
    The information contained in the SARs is reviewed by regional 
scientific review groups (SRGs) representing Alaska, the Pacific 
(including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and 
Caribbean. The SRGs were created by the MMPA to review the science that 
goes into SARs, and to advise NMFS on population status and trends, 
stock structure, uncertainties in the science, research needs, and 
other issues.
    The proposed LOF for 2005 was based, among other things, on 
information provided in the final SARs for 1996 (63 FR 60, January 2, 
1998), the final SARs for 2001 (67 FR 10671, March 8, 2002), the final 
SARs for 2002 (68 FR 17920, April 14, 2003), and the final SARs for 
2003 (69 FR 54262, September 8, 2004).

Summary of Changes to the Proposed LOF for 2005

    The following summarizes changes in fishery classification 
including fisheries listed on the LOF, the number of participants in a 
particular fishery, and the species and/or stocks that are incidentally 
killed or seriously injured in a particular fishery that are proposed 
for the 2005 LOF. The placement and definitions of U.S. commercial 
fisheries proposed for 2005 are identical to those provided in the LOF 
for 2004 with the following exceptions.

Commercial Fisheries in the Pacific Ocean: Fishery Classification

Alaska Fisheries
    The List of Fisheries from 1990 through 2003 included the Alaska 
groundfish fisheries as large combinations of fisheries. In the 2003 
final LOF (68 FR 41725, July 15, 2003), NMFS indicated we would review 
the existing fishery delineations in the LOF for Federal and state 
fisheries in Alaska. The decision to review Alaska fisheries was based, 
in part, on NMFS' recognition that the large fishery groups previously 
included in the LOF are not a homogenous fishery, but rather a diverse 
group of fisheries that operate during different seasons and target 
different groundfish species over distinct geographic areas within the 
Bering Sea and Gulf of Alaska. Marine mammal interactions are known to 
vary among Alaska groundfish fisheries based on time and area of 
operations, method of gear deployment, and target groundfish species. 
Therefore, the identification of these fisheries on a finer scale will 
allow for improved resolution of factors affecting incidental mortality 
and serious injury of marine mammals in these fisheries.
    NMFS reviewed the Bering Sea/Aleutian Islands (BSAI) groundfish 
trawl, Gulf of Alaska (GOA) Groundfish Trawl, Bering Sea and GOA 
Finfish Pot, AK Crustacean Pot, BSAI Groundfish Longline/Set Line 
(federally regulated waters, including miscellaneous finfish and 
sablefish), and GOA Groundfish Longline/Set Line (federally regulated 
waters, including miscellaneous finfish and sablefish) fisheries. Based 
on this review, the 2004 final LOF (69 FR 48407, August 10, 2004) 
delineated these fisheries by target species and gear type. An analysis 
to assign each of these newly delineated fisheries to the appropriate 
LOF category was deferred until the 2005 LOF and all newly designated 
fisheries were placed in Category III pending the results of the 
analysis.
    NMFS has completed an analysis of past incidental mortality and 
serious injury for each of the Federal fisheries specified in the 2004 
LOF in accordance with the fishery classification criteria set forth in 
the implementing regulations of section 118 of the MMPA (50 CFR part 
229). Based on these analyses, NMFS proposes that five of the Federal 
fisheries newly delineated in the 2004 LOF be reclassified as Category 
II fisheries and the remainder of the fisheries newly delineated in the 
2004 LOF remain as Category III fisheries.
AK Bering Sea Aleutian Islands Flatfish Trawl Fishery
    NMFS proposes elevating the BSAI flatfish trawl fishery from 
Category III to Category II based on documented interactions between 
the fishery and the western U.S. stock of Steller sea lions and the 
eastern North Pacific resident and transient stocks of killer whales.
    Tier 1 Evaluation: The total estimated annual mortality and serious 
injury across all fisheries is greater than 10% of the PBR levels for 
the following stocks: western U.S. stock of Steller sea lions, eastern 
North Pacific resident stock of killer whales, and eastern North 
Pacific transient stock of killer whales.

[[Page 70097]]

Therefore, the BSAI flatfish trawl fishery is subject to Tier 2 
analysis for these stocks.
    Tier 2 Evaluation: The average annual estimated mortality and 
serious injury of the western U.S. stock of the Steller sea lions in 
this fishery is 3.1 animals per year or 1.48% of the stock's PBR (209 
animals per year). Because this level of mortality and serious injury 
exceeds 1% but is less than 50% of the stock's PBR level, this fishery 
qualifies for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
eastern North Pacific resident stock of killer whales in this fishery 
is 0.5 animals per year or 6.94% of the stock's PBR (7.2 animals per 
year). Because this level of mortality and serious injury exceeds 1% 
but is less than 50% of the stock's PBR level, this fishery qualifies 
for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
eastern North Pacific transient stock of killer whales by the BSAI 
flatfish trawl fishery is 0.5 animals per year or 17.86% of the stock's 
PBR (2.8 animals per year). Because this level of mortality and serious 
injury exceeds 1% but is less than 50% of the stock's PBR level, this 
fishery qualifies for classification as a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR level for all marine mammal stocks 
described in the Tier 2 analysis, NMFS proposes to reclassify this 
fishery as a Category II fishery.
AK Bering Sea Aleutian Islands Pollock Trawl Fishery
    NMFS proposes elevating the BSAI pollock trawl fishery from 
Category III to Category II based on the following analysis of the 
takes of five stocks of marine mammals: western U.S. stock of Steller 
sea lions, eastern North Pacific resident and transient stocks of 
killer whales, and the central and western North Pacific stocks of 
humpback whales.
    Tier 1 Evaluation: The total estimated annual mortality and serious 
injury across all fisheries is greater than 10% of the PBR levels for 
the following stocks: western U.S. stock of Steller sea lions, eastern 
North Pacific resident stock of killer whales, eastern North Pacific 
transient stock of killer whales, central North Pacific stock of 
humpback whales, and western North Pacific stock of humpback whales. 
Therefore, the BSAI pollock trawl fishery is subject to Tier 2 analysis 
for these stocks.
    Tier 2 Evaluation: The average annual estimated mortality and 
serious injury of the western U.S. stock of the Steller sea lions in 
this fishery is 2.5 animals per year or 1.2% of the stock's PBR (209 
animals). Because this level of mortality and serious injury exceeds 1% 
but is less than 50% of the stock's PBR level, this fishery qualifies 
for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
eastern North Pacific resident stock of killer whales in this fishery 
is 0.6 animals per year or 8.33% of the stock's PBR level (7.2 animals 
per year). Because this level of mortality and serious injury exceeds 
1% but is less than 50% of the stock's PBR level, this fishery 
qualifies for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
eastern North Pacific transient stock of killer whales in this fishery 
is 0.6 animals per year or 21.43% of the stock's PBR level (2.8 animals 
per year). Because this level of mortality and serious injury exceeds 
1% but is less than 50% of the stock's PBR level, this fishery 
qualifies for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
central North Pacific stock of humpback whales in this fishery is 0.3 
animals per year or 4.05% of the stock's PBR level (7.4 animals per 
year). Because this level of mortality and serious injury exceeds 1% 
but is less than 50% of the stock's PBR level, this fishery qualifies 
for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
western North Pacific stock of humpback whales in this fishery is 0.3 
animals per year or 42.86% of the stock's PBR level (0.7 animals per 
year). Because this level of mortality and serious injury exceeds 1% 
but is less than 50% of this stock's PBR level, this fishery qualifies 
for classification as a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR level for all marine mammal stocks 
described in the Tier 2 analysis, NMFS proposes to reclassify this 
fishery as a Category II fishery.
AK Bering Sea Aleutian Islands Greenland Turbot Longline Fishery
    NMFS proposes elevating the AK BSAI Greenland turbot longline 
fishery from Category III to Category II fishery based on the following 
analysis of takes of the eastern North Pacific resident and transient 
stocks of killer whales.
    Tier 1 Evaluation: The total estimated annual mortality and serious 
injury across all fisheries is greater than 10% of the PBR levels for 
the eastern North Pacific resident and transient stocks of killer 
whales. Therefore, the AK BSAI Greenland turbot longline fishery is 
subject to Tier 2 analysis for these stocks.
    Tier 2 Evaluation: The average annual estimated mortality and 
serious injury of eastern North Pacific resident stock of killer whales 
in this fishery is 0.6 animals per year or 8.33% of the stock's PBR 
level (7.2 animals per year). Because this level of mortality and 
serious injury exceeds 1% but is less than 50% of the stock's PBR 
level, this fishery qualifies for classification as a Category II 
fishery.
    The average annual estimated mortality and serious injury of 
eastern North Pacific transient stock of killer whales in this fishery 
is 0.6 animals per year or 21.43% of the stock's PBR (2.8 animals per 
year). Because this level of mortality and serious injury exceeds 1% 
but is less than 50% of the stock's PBR level, this fishery qualifies 
for classification as a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR level for the marine mammal stocks 
described in the Tier 2 analysis, NMFS proposes to reclassify this 
fishery as a Category II fishery.
AK Bering Sea Aleutian Islands Pacific Cod Longline Fishery
    NMFS proposes elevating the AK BSAI Pacific cod longline fishery 
from Category III to Category II based on the following analysis of 
interactions between the fishery and the eastern North Pacific resident 
and transient stocks of killer whales.
    Tier 1 Evaluation: The total estimated annual mortality and serious 
injury across all fisheries is greater than 10% of the PBR levels for 
the eastern North Pacific resident and transient stocks of killer 
whales. Therefore, the AK BSAI Pacific cod longline fishery is subject 
to Tier 2 analysis for these stocks.
    Tier 2 Evaluation: The average annual estimated mortality and 
serious injury of eastern North Pacific resident stock of killer whales 
in this fishery is 0.8 animals per year or 11.11% of the stock's PBR 
(7.2 animals per year). Because this level of mortality and serious 
injury exceeds 1% but is less than 50% of the stock's PBR level, this 
fishery qualifies for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
eastern North Pacific transient stock of killer whales in this fishery 
is 0.8 animals per

[[Page 70098]]

year or 28.57% of the stock's PBR (2.8 animals per year). Because this 
level of mortality and serious injury exceeds 1% but is less than 50% 
of the stock's PBR level, this fishery qualifies for classification as 
a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR level for two of the marine mammal 
stocks described in the Tier 2 analysis, NMFS proposes to reclassify 
this fishery as a Category II fishery.
AK Bering Sea Sablefish Pot Fishery
    NMFS proposes elevating the AK Bering Sea sablefish pot fishery 
from Category III to Category II based on the following analysis of 
interactions between this fishery and the central and western North 
Pacific stocks of humpback whales.
    Tier 1 Evaluation: The total estimated annual mortality and serious 
injury across all fisheries is greater than 10% of the PBR levels for 
the central and western North Pacific stocks of humpback whales. 
Therefore, the AK Bering Sea sablefish pot fishery is subject to Tier 2 
analysis for these stocks.
    Tier 2 Evaluation: The average annual estimated mortality and 
serious injury of central North Pacific stock of humpback whales in 
this fishery is 0.2 animals per year or 2.7% of the stock's PBR (7.4 
animals per year). Because this level of mortality and serious injury 
exceeds 1% but is less than 50% of the stock's PBR level, this fishery 
qualifies for classification as a Category II fishery.
    The average annual estimated mortality and serious injury of 
western North Pacific stock of humpback whales in this fishery is 0.2 
animals per year or 28.57% of the stock's PBR (0.7 animals per year). 
Because this level of mortality and serious injury exceeds 1% but is 
less than 50% of the stock's PBR level, this fishery qualifies for 
classification as a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR level for both marine mammal stocks 
described in the Tier 2 analysis, NMFS proposes to reclassify this 
fishery as a Category II fishery.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in. 
mesh)
    NMFS proposes to elevate the CA/OR thresher shark/swordfish drift 
gillnet fishery from Category II to Category I. The CA/OR thresher 
shark/swordfish drift gillnet fishery includes all vessels using drift 
gillnets of greater than or equal to 14 inch stretched mesh to target 
thresher shark and swordfish off of California and Oregon. This fishery 
primarily operates outside of state waters to about 150 miles offshore, 
ranging from the U.S.-Mexico border to northward of the Columbia River 
in Oregon. This fishery is the subject of the Pacific Offshore Cetacean 
Take Reduction Team (POCTRT), which was convened by NMFS in 1996 to 
reduce the take of marine mammals incidental to this fishery. The 
Pacific Offshore Cetacean Take Reduction Plan took effect in 1997 and 
has resulted in a significant reduction in the number of marine mammals 
taken in this fishery. As a result of this reduction in marine mammal 
mortality and serious injury, NMFS changed the classification of this 
fishery from Category I to Category II in the 2003 LOF (68 FR 41725, 
July 15, 2003).
    Based on data collected during a fall 2002 research cruise, NMFS 
developed revised abundance estimates and PBR levels for several marine 
mammal stocks in the Pacific Ocean and incorporated these into the 2003 
SARs. As a result of these changes, the PBR level for the CA/OR/WA 
stock of short-finned pilot whales was revised from 5.1 animals per 
year to 1.19 animals per year.
    NMFS' analysis of the incidental marine mammal mortality and 
serious injury for this fishery is based on NMFS observer data from 
1999 through 2003. Based on these observer data, the NMFS Southwest 
Fisheries Science Center produced annual reports providing estimates of 
marine mammal mortality and serious injury for this fishery. These 
reports were presented to the Pacific SRG and the POCTRT and are 
incorporated into the SARs as they are updated. The annual mortality 
reports for 1997-2003 are available on the internet at: http://swfsc.nmfs.noaa.gov/PRD/PROGRAMS/CMMP/default.htm.
    Overall, the incidental take of marine mammal stocks in the CA/OR 
thresher shark/swordfish drift gillnet fishery has continued to 
decrease. However, based on the recent revised PBR level for short-
finned pilot whales and the incidental take of one short-finned pilot 
whale by the fishery in 2003, NMFS is proposing to elevate this fishery 
to Category I. NMFS intends to continue placing observers on vessels 
participating in this fishery and to continue working with the POCTRT 
to address the entanglement of marine mammals in this fishery. In 
addition, NMFS will be conducting a research cruise in fall 2005 that 
will result in revised abundance estimates and PBR levels for several 
marine mammal stocks in the Pacific Ocean, including the CA/OR/WA stock 
of short-finned pilot whales.
    Tier 1 Evaluation: NMFS observer data indicate that animals from 
the following marine mammal stocks were killed or seriously injured 
incidental to the CA/OR thresher shark/swordfish drift gillnet fishery 
from 1999-2003: California sea lion (U.S. stock), northern elephant 
seal (CA breeding stock), Dall's porpoise (CA/OR/WA stock), Pacific 
white-sided dolphin (CA/OR/WA Northern and Southern stocks), Risso's 
dolphin (CA/OR/WA stock), short-beaked common dolphin (CA/OR/WA stock), 
long-beaked common dolphin (CA/OR/WA stock), northern right whale 
dolphin (CA/OR/WA stock), short-finned pilot whale (CA/OR/WA stock), 
and gray whale (eastern North Pacific stock). According to the best 
available information, the estimated annual mortality and serious 
injury across all fisheries is greater than 10 percent of the PBR 
levels for the following stocks: California sea lion (U.S. stock), 
northern right whale dolphin (CA/OR/WA stock), short-finned pilot whale 
(CA/OR/WA stock), and fin whale (CA/OR/WA stock); therefore, this 
fishery is subject to Tier 2 analysis for these stocks.
    Tier 2 Evaluation: NMFS analysis of the incidental marine mammal 
mortality and serious injury for this fishery is based on NMFS observer 
data from 1999 through 2003. The average annual estimated mortality and 
serious injury of California sea lions incidental to this fishery 
during this period was 36.6 animals per year, which represents 0.4 
percent of the PBR level for California sea lions (8,333 animals). The 
average annual estimated mortality and serious injury of northern right 
whale dolphins incidental to this fishery is 21.2 animals per year, 
which represents 12.9 percent of the PBR level for this stock (164 
animals). The average annual estimated mortality and serious injury of 
short-finned pilot whales incidental to this fishery during this period 
is 1 animal per year, which represents 84 percent of the PBR level for 
this stock (1.19 animals). The average annual estimated mortality and 
serious injury of fin whales incidental to this fishery is 0.9 animals 
per year, which represents 17.6 percent of the PBR level for this stock 
(5.1 animals).
    Because the level of mortality and serious injury is greater than 
50 percent of the PBR level for short-finned pilot whales, this fishery 
qualifies for reclassification as a Category I fishery.

[[Page 70099]]

Fishery Name and Organizational Changes and Clarifications

Bering Sea and Aleutian Islands Cod Longline Fishery
    NMFS proposes to modify the name of the ``Bering Sea and Aleutian 
Islands cod longline fishery'' to the ``Bering Sea and Aleutian Islands 
Pacific cod longline fishery'' to correct an error in the final 2004 
LOF (69 FR 48407, August 10, 2004) in which ``Pacific'' was mistakenly 
omitted.
Number of Vessels/Persons
    The estimated number of participants in the ``OR Swordfish Floating 
Longline Fishery'' is updated to 0 based on 2004 permit data.
    The estimated number of participants in the CA/OR thresher shark/
swordfish drift gillnet fishery is updated to 85 based on recent permit 
data.
    The estimated number of participants in the CA anchovy, mackerel, 
tuna purse seine fishery is updated to 110 based on recent permit data.
    The estimated number of participants in the California pelagic 
longline fishery is updated to 6 based on recent permit data.
    The estimated number of participants in the California sardine 
purse seine fishery is updated to 110 based on recent permit data.
    The estimated number of participants in the California swordfish 
harpoon fishery is updated to 30 based on recent permit data.
List of Species that are Incidentally Injured or Killed
    NMFS proposes to add the Eastern North Pacific stock of gray whales 
to the list of marine mammal species and stocks incidentally injured or 
killed by the WA, OR, CA crab pot fishery. An interaction between this 
stock and the WA, OR, CA crab pot fishery was documented by the marine 
mammal health and stranding network and NOAA's Office of Law 
Enforcement.
    NMFS proposes to add the CA/OR/WA stocks of long-beaked and short-
beaked common dolphins, and California sea lions to the list of marine 
mammal species and stocks that interact with the CA yellowtail, 
barracuda, white seabass, and tuna drift gillnet fishery. An 
interaction between this stock and this fishery was documented by the 
NMFS observer program.
    NMFS proposes to add the CA/OR/WA stock of Risso's dolphin to the 
list of marine mammal species and stocks that interact with the 
California pelagic longline fishery. An interaction between this stock 
and this fishery was documented by the NMFS observer program.
    NMFS proposes to add the U.S. stock of California sea lions to the 
list of marine mammal species and stocks that interact with the 
California sardine purse seine fishery. An interaction between this 
stock and this fishery was documented by the NMFS observer program.
    NMFS proposes to add the eastern North Pacific resident and 
transient stocks of killer whales to the list of marine mammal species 
and stocks that interact with the AK BSAI Pacific cod longline fishery. 
Interactions between these stocks and this fishery have been documented 
in recent SARs.

Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean: Fishery Classification

Mid-Atlantic Bottom Trawl Fishery
    NMFS proposes elevating the ``Mid-Atlantic bottom trawl fishery'' 
(proposed name change from ``Mid-Atlantic mixed species trawl 
fishery,'' see Fishery Name and Organizational Changes and 
Clarifications section) from Category III to Category II based on 
documented interactions between the fishery and the Western North 
Atlantic stocks of common dolphins and pilot whales.
    Tier 1 Evaluation: Total annual incidental mortality and serious 
injury across all fisheries is greater than or equal to 10 percent of 
PBR levels for the following stocks: Western North Atlantic stocks of 
common dolphins, long-finned and short-finned pilot whales. Therefore, 
this fishery is subject to Tier 2 analysis for these stocks.
    Tier 2 Evaluation: Total fishery-related mortality and serious 
injury of pilot whales cannot be estimated separately for long-finned 
and short-finned pilot whales because fishery observers cannot reliably 
identify pilot whales to species as they are very similar in 
appearance. Therefore, the average annual estimated mortality and 
serious injury of these two species of pilot whales in the Western 
North Atlantic (Globicephala spp.) incidental to the Mid-Atlantic 
bottom trawl fishery during 1997-2001 was 46 animals per year, or 42.59 
percent of the PBR level for pilot whales (108 animals per year). 
Because this level of mortality and serious injury exceeds 1 percent of 
the PBR level but is less than 50 percent of the PBR level, this 
fishery qualifies for reclassification as a Category II fishery.
    The average annual estimated mortality and serious injury of the 
Western North Atlantic stock of common dolphins incidental to the Mid-
Atlantic bottom trawl fishery during 1997-2001 was19 animals per year, 
or 8.37 percent of the PBR level for common dolphins (227 animals per 
year). Because this level of mortality and serious injury exceeds 1 
percent of the PBR level but is less than 50 percent of the PBR level, 
this fishery qualifies for reclassification as a Category II fishery.
    Since the annual estimated level of marine mammal mortality and 
serious injury incidental to this fishery is less than 50 percent and 
greater than 1 percent of the PBR levels of both marine mammal stocks 
described in the Tier 2 analysis, NMFS proposes to reclassify this 
fishery as Category II.
Northeast Bottom Trawl Fishery
    NMFS proposes elevating the ``Northeast bottom trawl fishery,'' 
(proposed name change from ``North Atlantic bottom trawl fishery,'' see 
Fishery Name and Organizational Changes and Clarifications section) 
from Category III to Category II based on documented interactions 
between the fishery and the Western North Atlantic stock of Atlantic 
white-sided dolphins.
    Tier 1 Evaluation: Total annual incidental mortality and serious 
injury across all fisheries is greater than or equal to 10 percent of 
PBR levels for the Western North Atlantic stock of Atlantic white-sided 
dolphins. Therefore, this fishery is subject to Tier 2 analysis for 
this stock.
    Tier 2 Evaluation: The annual observed mortality and serious injury 
of the Western North Atlantic stock of Atlantic white-sided dolphins 
incidental to the Northeast bottom trawl fishery during 2003 was 12 
animals, or 3.3 percent of the PBR level for white-sided dolphins (364 
animals per year). Because this level of mortality and serious injury 
exceeds 1 percent of the PBR level but is less than 50 percent of the 
PBR level, this fishery qualifies for reclassification as a Category II 
fishery. Therefore, NMFS proposes to reclassify this fishery as 
Category II.

Addition of Fisheries to the LOF

Atlantic Shellfish Bottom Trawl Fishery
    NMFS proposes to add the ``Atlantic shellfish bottom trawl 
fishery'' to the LOF to encompass the calico scallops trawl fishery, 
crab trawl fishery, Georgia/South Carolina/Maryland whelk trawl 
fishery, Gulf of Maine/Mid-Atlantic sea scallops trawl fishery, and 
Gulf of Maine northern shrimp trawl fishery. Additionally, NMFS 
proposes to list the Atlantic shellfish bottom trawl fishery as a 
Category III fishery because all fisheries proposed to be combined

[[Page 70100]]

are currently Category III fisheries and have no documented 
interactions with marine mammals.
Removal of Fisheries from the LOF
    NMFS proposes to remove the ``U.S. Atlantic monkfish trawl 
fishery'' from the LOF. This fishery is currently a Category III 
fishery that operates throughout the Mid-Atlantic and Northeast 
regions. Both the North Atlantic bottom trawl fishery (proposed name 
change to Northeast bottom trawl fishery, see Fishery Name and 
Organizational Changes and Clarifications section) and Mid-Atlantic 
mixed species trawl fishery (proposed name change to Mid-Atlantic 
bottom trawl fishery, see Fishery Name and Organizational Changes and 
Clarifications section) descriptions include fishing gear managed under 
the monkfish fishery management plans as well as other groundfish 
fishery management plans. Therefore, NMFS proposes deleting this 
fishery and incorporating any trawl fisheries that target monkfish in 
the Atlantic under existing trawl fisheries on the LOF, e.g., the 
Northeast bottom trawl fishery or the Mid-Atlantic bottom trawl 
fishery.
    NMFS proposes to delete the following trawl fisheries from the 2005 
LOF: ``Calico Scallops Trawl Fishery,'' ``Crab Trawl Fishery,'' 
``Georgia/South Carolina/Maryland Whelk Trawl Fishery,'' ``Gulf of 
Maine/Mid-Atlantic Sea Scallops Trawl Fishery,'' and ``Gulf of Maine 
Northern Shrimp Trawl Fishery.'' NMFS proposes to combine these 
fisheries under one listing in the LOF as the ``Atlantic shellfish 
bottom trawl fishery'' (see Addition of Fisheries section).

Fishery Name and Organizational Changes and Clarifications

Atlantic Herring Mid-Water Trawl Fishery (Including Pair Trawl)
    NMFS proposes to modify the name of the ``Atlantic herring mid-
water trawl fishery (including pair trawl)'' to the ``Northeast mid-
water trawl fishery.'' This fishery primarily operates in the Gulf of 
Maine and George's Bank regions. There have been occasional 
interactions documented between this fishery and marine mammals and, 
thus, the fishery is currently classified as a Category II fishery. 
NMFS proposes to modify the name of this fishery in order to 
appropriately classify all similar mid-water trawl fisheries operating 
in the Northeast region, with home ports between Connecticut and Maine, 
that may be interacting with marine mammals.
Atlantic Squid, Mackerel, and Butterfish Trawl Fishery
    NMFS proposes to modify the name of the ``Atlantic squid, mackerel, 
and butterfish trawl fishery'' to the ``Mid-Atlantic mid-water trawl 
fishery.'' Trawl fisheries targeting squid occur mainly in southern New 
England and Mid-Atlantic waters and typically use small-mesh otter 
trawls throughout the water column. Trawl fisheries targeting mackerel 
occur mainly in southern New England and Mid-Atlantic waters and 
generally operate in mid-water. Butterfish are predominately caught 
incidental to directed squid and mackerel trawls fisheries. There have 
been frequent interactions documented between this fishery and several 
species/stocks of marine mammals and, thus, the fishery is currently 
classified as a Category I fishery. NMFS proposes to modify the name of 
this fishery in order to appropriately classify all similar mid-water 
trawl fisheries operating in the Mid-Atlantic region, with home ports 
between New York and North Carolina, that may be interacting with 
marine mammals.
Delaware Bay Inshore Gillnet Fishery
    NMFS proposes to modify the name of the ``Delaware Bay inshore 
gillnet fishery'' to the ``Delaware River inshore gillnet fishery.'' 
The Delaware Bay inshore gillnet fishery is currently a Category III 
fishery. The Atlantic Large Whale Take Reduction Plan (ALWTRP) 
regulations apply to all waters inside Delaware Bay between the COLREGS 
and a line from the southern point of Nantuxent Cove, NJ to the 
southern end of Kelley Island, Port Mahon, DE. This proposed change 
would therefore place all gillnet fisheries operating in Delaware Bay 
outside of the line between the southern point of Nantuxent Cove, NJ to 
the southern end of Kelley Island, Port Mahon, DE in the Category I 
``Mid-Atlantic gillnet fishery'' (proposed name change from Mid-
Atlantic coastal gillnet fishery; see below) and, as such, would be 
regulated under the ALWTRP. Moreover, gillnet fisheries operating 
inland of the COLREGS would be placed in the ``Delaware River inshore 
gillnet fishery'' and would not be subject to ALWTRP regulations.
Gulf of Maine Tub Trawl Groundfish Bottom Longline/Hook-and-Line 
Fishery
    NMFS proposes to modify the name of the ``Gulf of Maine tub trawl 
groundfish bottom longline/hook-and-line fishery'' to the ``Northeast/
Mid-Atlantic bottom longline/hook-and-line fishery.'' The fishery is 
currently in Category III and predominately operates between Cape Cod, 
MA and George's Bank, in an area extending beyond the Gulf of Maine. 
Therefore, NMFS proposes to delete the reference to the ``Gulf of 
Maine'' in the fishery name. Additionally, NMFS solicits public comment 
regarding interactions between this fishery and marine mammals.
Mid-Atlantic Coastal Gillnet Fishery
    NMFS proposes to modify the name of the ``Mid-Atlantic coastal 
gillnet fishery'' to the ``Mid-Atlantic gillnet fishery.'' Currently, 
the Mid-Atlantic coastal gillnet fishery is a Category I fishery that 
includes all fisheries using any type of gillnet gear, west of 
72[deg]30' W and north of a line extending due east from the North 
Carolina/South Carolina border, except for inshore gillnet fisheries 
currently placed in Category III. This area includes both nearshore 
waters (under State jurisdiction) and offshore waters (under Federal 
jurisdiction). Therefore, NMFS proposes to remove the reference to 
``coastal'' waters in the name of this fishery.
Mid-Atlantic Mixed Species Trawl Fishery
    NMFS proposes to modify the name of the ``Mid-Atlantic mixed 
species trawl fishery'' to the ``Mid-Atlantic bottom trawl fishery'' to 
encompass similar bottom trawl fisheries operating in the region that 
potentially interact with marine mammals.
North Atlantic Bottom Trawl Fishery
    NMFS proposes to modify the name of the ``North Atlantic bottom 
trawl fishery'' to the ``Northeast bottom trawl fishery'' to encompass 
similar bottom trawl fisheries operating in the region that potentially 
interact with marine mammals.
Number of Vessels/Persons
    The estimated number of participants in the ``Atlantic shellfish 
bottom trawl fishery'' is 972.

List of Species that are Incidentally Injured or Killed

Atlantic Mixed Species Trap/Pot Fishery
    NMFS proposes to remove the Canadian east coast stock of minke 
whales and the Gulf of Maine/Bay of Fundy stock of harbor porpoise from 
the list of marine mammal species and stocks incidentally injured or 
killed by the Atlantic mixed species trap/pot fishery. Interactions 
between each of these marine mammal stocks and this fishery have not 
been documented in recent years.

[[Page 70101]]

Atlantic Ocean, Caribbean, and Gulf of Mexico Large Pelagics Longline 
Fishery
    NMFS proposes to remove the Western North Atlantic stock of striped 
dolphins, the Gulf of Maine/Bay of Fundy stock of harbor porpoise, the 
Western North Atlantic stock of humpback whales, and the Canadian East 
coast stock of minke whales from the list of marine mammal species and 
stocks incidentally injured or killed by the Atlantic Ocean, Caribbean, 
and Gulf of Mexico large pelagics longline fishery. Interactions 
between each of these marine mammal stocks and this fishery have not 
been documented in recent years.
    NMFS proposes to add the Western North Atlantic stocks of 
mesoplodon beaked whales and Cuvier's beaked whales, and the Northern 
Gulf of Mexico stock of short-finned pilot whales to the list of marine 
mammal species and stocks incidentally injured or killed by the 
Atlantic Ocean, Caribbean, and Gulf of Mexico large pelagics longline 
fishery. Interactions between pilot whales and this fishery have been 
documented in recent SARs while interactions between beaked whales and 
a Balaenopterid whale and this fishery have been documented by the 
observer program.
Chesapeake Bay Inshore Gillnet Fishery
    NMFS proposes to remove the Gulf of Maine/Bay of Fundy stock of 
harbor porpoise from the list of marine mammal species and stocks 
incidentally injured or killed by the Chesapeake Bay inshore gillnet 
fishery. Interactions between this marine mammal stock and this fishery 
have not been documented in recent years.
Delaware River Inshore Gillnet Fishery
    NMFS proposes to remove the Gulf of Maine/Bay of Fundy stock of 
harbor porpoise, the Gulf of Maine stock of humpback whales, and the 
Western North Atlantic coastal stock of bottlenose dolphins from the 
list of marine mammal species and stocks incidentally injured or killed 
by the Delaware River inshore gillnet fishery (proposed name change 
from Delaware Bay inshore gillnet fishery, see Fishery Name and 
Organizational Changes and Clarifications section). Interactions 
between each of these marine mammal stocks and this fishery have not 
been documented in recent years.
Gulf of Maine Herring and Atlantic Mackerel Stop Seine/Weir Fishery
    NMFS proposes to remove the Western North Atlantic stocks of 
humpback whales and North Atlantic right whales from the list of marine 
mammal species and stocks incidentally injured or killed by the Gulf of 
Maine herring and Atlantic mackerel stop seine/weir fishery. 
Interactions between each of these marine mammal stocks and this 
fishery have not been documented in recent years.
    NMFS proposes to add the Western North Atlantic stock of Atlantic 
white-sided dolphins to the list of marine mammal species and stocks 
incidentally injured or killed by the Gulf of Maine herring and 
Atlantic mackerel stop seine/weir fishery. Interactions between this 
marine mammal stock and this fishery have been documented in recent 
years.
Gulf of Mexico Butterfish Trawl Fishery
    NMFS proposes to remove the Eastern Gulf of Mexico stocks of 
Atlantic spotted dolphins and pantropical spotted dolphins from the 
list of marine mammal species and stocks incidentally injured or killed 
by the Gulf of Mexico butterfish trawl fishery. Interactions between 
these marine mammal stocks and this fishery have not been documented in 
recent years.
    NMFS proposes to add the Northern Gulf of Mexico outer continental 
shelf stock and Northern Gulf of Mexico continental shelf edge and 
slope stock of bottlenose dolphins to the list of marine mammal species 
and stocks incidentally injured or killed by the Gulf of Mexico 
butterfish trawl fishery. Interactions between each of these marine 
mammal stocks/species and this fishery have been documented in recent 
SARs.
Gulf of Mexico Menhaden Purse Seine Fishery
    NMFS proposes to add the Eastern Gulf of Mexico coastal stock of 
bottlenose dolphins and the Gulf of Mexico bay, sound and estuarine 
stock of bottlenose dolphins to the list of marine mammal species and 
stocks incidentally injured or killed by the Gulf of Mexico menhaden 
purse seine fishery. Interactions between these marine mammal stocks 
and this fishery have been documented in recent SARs.
Long Island Sound Inshore Gillnet Fishery
    NMFS proposes to remove the Gulf of Maine/Bay of Fundy stock of 
harbor porpoise, the Gulf of Maine stock of humpback whales, and the 
Western North Atlantic coastal stock of bottlenose dolphins from the 
list of marine mammal species and stocks incidentally injured or killed 
by the Long Island Sound inshore gillnet fishery. Interactions between 
each of these marine mammal stocks and this fishery have not been 
documented in recent years.
Mid-Atlantic Bottom Trawl Fishery
    NMFS proposes to add the Western North Atlantic stocks of long-
finned pilot whales, short-finned pilot whales, and common dolphins to 
the list of marine mammal species and stocks incidentally injured or 
killed by the Mid-Atlantic bottom trawl fishery. Interactions between 
each of these marine mammal stocks and this fishery have been 
documented in recent SARs.
Mid-Atlantic Gillnet Fishery
    NMFS proposes to add the Western North Atlantic stock of gray seals 
and the Western North Atlantic stock of fin whales to the list of 
marine mammal species and stocks incidentally injured or killed by the 
Mid-Atlantic gillnet fishery. Interactions between the Western North 
Atlantic stock of gray seals and this fishery have been documented in 
recent SARs and interactions between the Western North Atlantic stock 
of fin whales and this fishery have been documented by the NMFS 
Observer Program.
Mid-Atlantic Menhaden Purse Seine Fishery
    NMFS proposes to remove the Western North Atlantic stock of 
humpback whales from the list of marine mammal species and stocks 
incidentally injured or killed by the Mid-Atlantic purse seine fishery. 
Interactions between each of these marine mammal stocks and this 
fishery have not been documented in recent years.
Mid-Atlantic Mid-water Trawl Fishery
    NMFS proposes to add the Western North Atlantic offshore stock of 
bottlenose dolphins to the list of marine mammal species and stocks 
incidentally injured or killed by the Mid-Atlantic mid-water trawl 
fishery. Interactions between this marine mammal stock and this fishery 
have been documented in recent SARs.
Northeast Bottom Trawl Fishery
    NMFS proposes to add the Western North Atlantic stock of harp seals 
and the Gulf of Maine/Bay of Fundy stock of harbor porpoise to the list 
of marine mammal species and stocks incidentally injured or killed by 
the Northeast bottom trawl fishery (proposed name change from North 
Atlantic bottom trawl fishery, see Fishery Name and Organizational 
Changes and Clarification section). Interactions between each of these 
marine mammal

[[Page 70102]]

stocks and this fishery have been documented in recent SARs.
Northeast/Mid-Atlantic Bottom Longline/Hook-and-Line Fishery
    NMFS proposes to remove the Western North Atlantic stocks of harbor 
seals, gray seals, and humpback whales from the list of marine mammal 
species and stocks incidentally injured or killed by the Northeast/Mid-
Atlantic bottom longline/hook-and-line fishery. Interactions between 
each of these marine mammal stocks and this fishery have not been 
documented in recent years.
Northeast Mid-water Trawl Fishery
    NMFS proposes to add the Western North Atlantic stocks of long-
finned pilot whales, short-finned pilot whales, and Atlantic white-
sided dolphins to the list of marine mammal species and stocks 
incidentally injured or killed by the Northeast mid-water trawl 
fishery. Interactions between each of these marine mammal stocks and 
this fishery have been documented in recent SARs.
Northeast Sink Gillnet Fishery
    NMFS proposes to remove the Western North Atlantic stocks of killer 
whales, spotted dolphins, and false killer whales from the list of 
marine mammal species and stocks incidentally injured or killed by the 
Northeast sink gillnet fishery. Interactions between each of these 
marine mammal stocks/species and this fishery have not been documented 
in recent years.
    NMFS proposes to add the Western North Atlantic stocks of Risso's 
dolphins and hooded seals to the list of marine mammal species and 
stocks incidentally injured or killed by the Northeast sink gillnet 
fishery. Interactions between each of these marine mammal stocks/
species and this fishery have been documented in recent SARs.
Rhode Island, Southern Massachusetts (to Monomoy Island), and New York 
Bight (Raritan and Lower New York Bays) Inshore Gillnet Fishery
    NMFS proposes to remove the Gulf of Maine/Bay of Fundy stock of 
harbor porpoise, the Gulf of Maine stock of humpback whales, and the 
Western North Atlantic coastal stock of bottlenose dolphins from the 
list of marine mammal species and stocks incidentally injured or killed 
by the Rhode Island, Southern Massachusetts (to Monomoy Island), and 
New York Bight (Raritan and Lower New York Bays) inshore gillnet 
fishery. Interactions between each of these marine mammal stocks and 
this fishery have not been documented in recent years.
Southeastern U.S. Atlantic and Gulf of Mexico Shrimp Trawl Fishery
    NMFS proposes to add the Western Gulf of Mexico coastal stock of 
bottlenose dolphins, the Eastern Gulf of Mexico coastal stock of 
bottlenose dolphins, the Gulf of Mexico bay, sound, and estuarine stock 
of bottlenose dolphins, and the Florida stock of the West Indian 
manatee to the list of marine mammal species and stocks incidentally 
injured or killed by the Southeastern U.S. Atlantic and Gulf of Mexico 
shrimp trawl fishery. Interactions between each of these marine mammal 
stocks/species and this fishery have been documented in recent SARs.
U.S. Atlantic Tuna Purse Seine Fishery
    NMFS proposes to add the Western North Atlantic stocks of long-
finned and short-finned pilot whales to the list of marine mammal 
species and stocks incidentally injured or killed by the U.S. Atlantic 
tuna purse seine fishery. Interactions between each of these marine 
mammal stocks/species and this fishery have been documented in recent 
SARs.

List of Fisheries

    The following two tables list U.S. commercial fisheries according 
to their assigned categories under section 118 of the MMPA. The 
estimated number of vessels/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 most recent 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 fisher reports. This list includes 
all species or stocks known to experience injury or mortality in a 
given fishery, but also includes species or stocks for which there are 
anecdotal or historical, but not necessarily current, records of 
interaction. Additionally, species identified by logbook entries may 
not be verified. Not all species or stocks identified are the reason 
for a fishery's placement in a given category. 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 cause 
mortality or serious injury of marine mammals, as discussed in the 
final LOF for 1996 (60 FR 67063, December 28, 1995), and according to 
factors listed in the definition of ``Category II fishery'' in 50 CFR 
229.2.
    Table 1 lists commercial fisheries in the Pacific Ocean (including 
Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf 
of Mexico, and Caribbean.
BILLING CODE 3510-22-S

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BILLING CODE 3510-22-C

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 rule would not have a significant 
economic impact on a substantial number of small entities. For 
convenience, the factual basis leading to the certification is repeated 
below.
    Under existing regulations, all fishers participating in 
Category I or II fisheries must register under the MMPA, obtain an 
Authorization Certificate, and pay a fee of $25. Additionally, 
fishers may be subject to a take reduction plan and requested to 
carry an observer. The Authorization Certificate authorizes the 
taking of marine mammals incidental to commercial fishing 
operations. NMFS has estimated that approximately 41,600 fishing 
vessels, most of which are small entities, operate in Category I or 
II fisheries, and therefore, are required to register. However, 
registration has been integrated with existing state or Federal 
registration programs for the majority of these fisheries so that 
the majority of fishers do not need to register separately under the 
MMPA. Currently, approximately 5,800 fishers register directly with 
NMFS under the MMPA authorization program.
    Though this proposed rule would affect a number of small entities, 
the $25 registration fee, with respect to anticipated revenues, is not 
considered a significant economic impact. If a vessel is requested to 
carry an observer, fishers will not incur any economic costs associated 
with carrying that observer. As a result of this certification, an 
initial regulatory flexibility analysis was not prepared. In the event 
that reclassification of a fishery to Category I or II results in a 
take reduction plan, economic analyses of the effects of that plan will 
be summarized in subsequent rulemaking actions. Further, if a vessel is 
requested to carry an observer, fishers will not incur any economic 
costs associated with carrying that observer.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act. The collection of information 
for the registration of fishers under the MMPA has been approved by the 
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.25 hours per report for new registrants and 0.15 hours per 
report for renewals). The requirement for reporting marine mammal 
injuries or moralities has been approved by OMB under OMB control 
number 0648-0292 (0.15 hours per report). These estimates include the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing burden, to NMFS and OMB (see 
ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) for regulations to implement section 
118 of the MMPA (1995 EA). The 1995 EA concluded that implementation of 
those regulations would not have a significant impact on the human 
environment. This proposed rule would not make any significant change 
in the management of reclassified fisheries, and therefore, this 
proposed rule is not expected to change the analysis or conclusion of 
the 1995 EA. If NMFS takes a management action, for example, through 
the development of a Take Reduction Plan (TRP), NMFS will first prepare 
an environmental document as required under NEPA specific to that 
action.
    This proposed rule would not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this proposed rule will not affect 
the conclusions of those opinions. The classification of fisheries on 
the LOF is not considered to be a management action that would 
adversely affect threatened or endangered species. If NMFS takes a 
management action, for example, through the development of a TRP, NMFS 
would conduct consultation under section 7 of the ESA for that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs or take reduction 
teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

    Dated: November 26, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 04-26577 Filed 12-1-04; 8:45 am]
BILLING CODE 3510-22-S`