70094 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

2. In § 117.1007 revise paragraph (a) 

to read as follows:

§ 117.1007 Elizabeth River—Eastern 

Branch. 

(a) The draw of the Norfolk Southern 

Railroad Bridge (NS #V2.8), mile 2.7 at 

Norfolk, shall operate as follows: 

(1) The draw shall remain in the open 

position for navigation. The draw shall 

only be closed for train crossings or 

periodic maintenance authorized in 

accordance with Subpart A of this part. 

(2) The bridge shall be operated by the 

controller at the Norfolk Southern 

Railroad Bridge (NS #5), mile 1.1, over 

the Eastern Branch of the Elizabeth 

River in Norfolk, VA. The controller 

shall monitor vessel traffic with closed 

circuit cameras and infrared sensors 

covering the swing radius. Operational 

information will be provided 24 hours 

a day on marine channel 13 and via 

telephone (757) 446–5320. 

(3) The bridge shall not be operated 

from the remote location in the 

following events: Failure or obstruction 

of the infrared sensors, closed-circuit 

cameras or marine-radio 

communications, or when controller 

visibility is less than 3⁄4 of a mile. In 

these situations, a bridge tender must be 

called to operate the bridge on-site. 

(4) Before the bridge closes for any 

reason, the remote operator will monitor 

waterway traffic in the area. The bridge 

shall only be closed if the off-site remote 

operator’s visual inspection shows that 

the channel is clear and there are no 

vessels transiting in the area. While the 

bridge is moving, the operator shall 

maintain constant surveillance of the 

navigation channel. 

(5) Before closing the draw, the 

channel traffic lights will change from 

flashing green to flashing red, the horn 

will sound five short blasts, and an 

audio voice warning stating, ‘‘Norfolk 

Southern’s Railroad Bridge over the 

Eastern Branch of the Elizabeth River at 

milepost 2.7 will be closing to river 

traffic.’’ Five short blasts of the horn 

will continue until the bridge is seated 

and locked down to vessels, the channel 

traffic lights will continue to flash red. 

(6) When the rail traffic has cleared, 

the horn will automatically sound one 

prolonged blast followed by one short 

blast to indicate the draw is opening to 

vessel traffic. During the opening swing 

movement, the channel traffic lights 

will flash red until the bridge returns to 

the fully open position. In the full open 

position to vessels, the bridge channel 

lights will flash green followed by an 

announcement stating, ‘‘Security, 

security, security, the Norfolk Southern 

Railroad Bridge at mile 2.7 is open for 

river traffic.’’

* * * * *

Dated: November 22 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–26520 Filed 12–1–04; 8:45 am] 

BILLING CODE 4910–15–P

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.

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: 

2005LOF.comments@noaa.gov.

• 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 

DavidlRostker@omb.eop.gov 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 9th

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:

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 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 

70096 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 

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 selfreports, 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. 

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 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 

70098 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 

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 (≥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), shortbeaked 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), shortfinned 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 shortfinned 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.

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 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 shortbeaked 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 ‘‘MidAtlantic bottom trawl fishery’’

(proposed name change from ‘‘MidAtlantic 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 fisheryrelated mortality and serious injury of 

pilot whales cannot be estimated 

separately for long-finned and shortfinned 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 whitesided 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/MidAtlantic 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 

70100 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 

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 midwater 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 ‘‘MidAtlantic mid-water trawl fishery.’’ Trawl 

fisheries targeting squid occur mainly in 

southern New England and MidAtlantic waters and typically use smallmesh 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 MidAtlantic 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-andline fishery’’ to the ‘‘Northeast/MidAtlantic 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°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.

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 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 whitesided 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 

70102 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Proposed Rules 

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.

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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]

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