[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Rules and Regulations]
[Pages 14466-14491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5709]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 061106290-7059-02, I.D. 101706C]
RIN 0648-AV01


List of Fisheries for 2007

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
final List of Fisheries (LOF) for 2007, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2007 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: This final rule is effective April 27, 2007.
    The Alaska Cook Inlet set gillnet fishery, Alaska Cook Inlet salmon 
purse seine fishery, Alaska Kodiak salmon purse seine fishery, 
California tuna purse seine fishery, Mid-Atlantic mid-water trawl 
(including pair trawl) fishery, and Mid-Atlantic flynet fishery are 
considered to be Category II fisheries on April 27, 2007, and are 
required to comply with all requirements of Category II fisheries 
(i.e., complying with applicable registration requirements, complying 
with applicable take reduction plan requirements, and carrying 
observers, if requested) on that date.

ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional 
offices.
    Written comments regarding the burden-hour estimates or other 
aspects of the information collection requirements contained in this 
final rule may be submitted to NMFS, Attn: Patricia Lawson, fax: 301-
427-2522 or <a href="/cdn-cgi/l/email-protection#a7f7c6d3d5cec4cec689ebc6d0d4c8c9e7c9c8c6c689c0c8d1"><span class="__cf_email__" data-cfemail="d787b6a3a5beb4beb6f99bb6a0a4b8b997b9b8b6b6f9b0b8a1">[email protected]</span></a>, or the Office of Management and 
Budget, Attn: David Rostker, fax: 202-395-7285 or <a href="/cdn-cgi/l/email-protection#90d4f1e6f9f4cfc2ffe3e4fbf5e2d0fffdf2bef5ffe0bef7ffe6"><span class="__cf_email__" data-cfemail="1054716679744f427f63647b7562507f7d723e757f603e777f66">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected 
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9328; 
Nancy Young, Southeast Region, 727-551-5607; Elizabeth Petras, 
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van 
Atta, Pacific Islands Region, 808-944-2257. 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:

Availability of Published Materials

    Information regarding the LOF and the Marine Mammal Authorization 
Program, including registration procedures and forms, current and past 
LOFs, observer requirements, and marine mammal injury/mortality 
reporting forms and submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/mmap, or from any NMFS Regional 
Office at the addresses listed below.

Regional Offices

    NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Teletha Mincey;
    NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, Attn: Lyle Enriquez;
    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, 1601 Kapiolani 
Boulevard, Suite 1100, Honolulu, HI 96814-4700.

What is the List of Fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
serious injury and mortality of marine mammals occurring 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 and other relevant sources 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)(1)(C)).

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 of the MMPA (50 CFR 229.2).
    Tier 1: If the total annual mortality and serious injury of a 
marine mammal

[[Page 14467]]

stock, across all fisheries, 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 (unless those fisheries interact with other 
stock(s) in which total annual mortality and serious injury is greater 
than 10 percent of PBR). 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 qualifying 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 Does NMFS Determine which Species or Stocks are Included as 
Incidentally Killed or Seriously Injured in a Fishery?

    The LOF includes a list of marine mammal species or stocks 
incidentally killed or seriously injured in each commercial fishery, 
based on the level of mortality or serious injury in each fishery 
relative to the PBR level for each stock. To determine which species or 
stocks are included as incidentally killed or seriously injured in a 
fishery, NMFS annually reviews the information presented in the current 
Marine Mammal Stock Assessment Reports (SARs). The SARs are based upon 
the best available scientific information and provide the most current 
and inclusive information on each stock's PBR level and level of 
mortality or serious injury incidental to commercial fishing 
operations. NMFS also reviews other sources of new information, 
including observer data, stranding data and fisher self-reports.
    In the absence of reliable information on the level of mortality or 
serious injury of a marine mammal stock, or insufficient observer data, 
NMFS will determine whether a species or stock should be added to, or 
deleted from, the list by considering other factors such as: changes in 
gear types used, increases or decreases in fishing effort, increases or 
decreases in the level of observer coverage, and/or changes in fishery 
management that are expected to lead to decreases in interactions with 
a given marine mammal stock (such as a Fishery Management Plan or a 
Take Reduction Plan). NMFS will provide case specific justification in 
the LOF for changes to the list of species or stocks incidentally 
killed or seriously injured.

How do I Determine the Level of Observer Coverage in a Fishery?

    Data obtained from observers and the level of observer coverage are 
important tools in estimating the level of marine mammal mortality and 
serious injury in commercial fishing operations. The best available 
information on the level of observer coverage, and the spatial and 
temporal distribution of observed marine mammal interactions, is 
presented in the SARs. Starting in 2005, each SAR includes an appendix 
with detailed descriptions of each Category I and II fishery on the 
LOF. The SARs generally do not provide detailed information on observer 
coverage in Category III fisheries because Category III fisheries are 
not required to accommodate observers aboard vessels due to the remote 
likelihood of mortality and serious injury of marine mammals. 
Information presented in the SARs' appendices include: level of 
observer coverage, target species, levels of fishing effort, spatial 
and temporal distribution of fishing effort, gear characteristics, 
management and regulations, and marine mammal interactions.
    NMFS refers readers to the SARs for the most current information on 
the level of observer coverage for each fishery. Copies of the SARs are 
available on the NMFS Office of Protected Resource's web site at: 
http://www.nmfs.noaa.gov/pr/sars/. Additional information on observer 
coverage in commercial fisheries can be found on the National Observer 
Program's web site at: http://www.st.nmfs.gov/st4/nop/.

How Do I Find Out if a Specific Fishery is in Category I, II, or III?

    This final 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?

    Vessel or gear owners 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 an 
authorization certificate. The authorization certificate, or a copy, 
must be on board the vessel while it is operating in a Category I or II 
fishery, or for non-vessel fisheries, in the possession of the person 
in charge of the fishing operation (50 CFR 229.4(e)).

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

[[Page 14468]]

fishery license, registration, or permit systems. 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. The following section indicates which fisheries are 
integrated fisheries and has a summary of the integration process for 
each Region. Vessel or gear owners who operate in an integrated fishery 
and have not received an authorization certificate by January 1 of each 
new year or with renewed state fishing licenses (as in Washington and 
Oregon) must contact their NMFS Regional Office (see ADDRESSES). 
Although efforts are made to limit the issuance of authorization 
certificates to only those vessel or gear owners that participate in 
Category I or II fisheries, not all state and Federal permit systems 
distinguish between fisheries as classified by the LOF. Therefore, some 
vessel or gear owners in Category III fisheries may receive 
authorization certificates even though they are not required for 
Category III fisheries. Individuals fishing in Category I and II 
fisheries for which no state or Federal permit is required must 
register with NMFS by contacting their appropriate 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;
    4. All Southeast Regional fisheries for which a Federal permit is 
required, as well as fisheries permitted by the states of North 
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, 
Louisiana, and Texas; and
    5. The Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo,Oceanic 
Sharks Longline/Set line Fishery.

How Do I Renew My Registration Under the MMPA?

    Vessel or gear owners that participate in fisheries that have 
integrated registration programs (described above) are automatically 
renewed and should receive an authorization certificate by January 1 of 
each new year, with the exception of Washington and Oregon Category II 
fisheries. Washington and Oregon fishers receive authorization with 
each renewed state fishing license, the timing of which varies based on 
target species. Vessel or gear owners who participate in an integrated 
fishery and have not received authorization certificates by January 1 
or with renewed fishing licenses (Washington and Oregon) must contact 
the appropriate NMFS Regional Office (see ADDRESSES). Vessel or gear 
owners that participate in fisheries that do not have integrated 
registration programs and that have previously registered in a Category 
I or II fishery will receive a renewal packet from the appropriate NMFS 
Regional Office at least 30 days prior to January 1 of each new year. 
It is the responsibility of the vessel or gear owner in these fisheries 
to complete their renewal form and return it to the appropriate NMFS 
Regional Office 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 must 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 gear owner or operator (in the case of 
non-vessel fisheries), participating in a Category I, II, or III 
fishery must report to NMFS all incidental injuries and mortalities of 
marine mammals that occur during commercial fishing operations. 
``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 presence 
of any wound or other evidence of injury, and must be reported. Injury/
mortality report forms and instructions for submitting forms to NMFS 
can be downloaded from: http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf. Reporting requirements and procedures 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. Take reduction plan 
requirements can be found at 50 CFR 229.30-34.

Sources of Information Reviewed for the Final 2007 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the 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, 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. 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 informs the SARs, and to advise 
NMFS on population status and trends, stock structure, uncertainties in 
the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
    The LOF for 2007 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), the final SARs for 2003 (69 FR 
54262, September 8, 2004), the final SARs for 2004 (70 FR 35397, June 
20, 2005), the final SARs for 2005 (71 FR 26340, May 4, 2006), and the 
draft SARs for 2006 (71 FR 42815, July 28. 2006). All SARs are 
available at: http://www.nmfs.noaa.gov/pr/sars/.

Comments and Responses

    NMFS received 9 comment letters on the proposed 2007 LOF (71 FR 
70339, December 4, 2006) from environmental, commercial fishing, and 
Federal and state interests. Comments on issues outside the scope of 
the LOF were noted, but are not responded to in this final rule.

General Comments

    Comment 1: One commenter recommended NMFS continue to support 
current research efforts, and support and engage in additional 
research, on depredation and associated fishery interactions. Research 
should focus on developing means of reducing or controlling depredation 
rates and

[[Page 14469]]

minimizing or mitigating any serious injuries or deaths of marine 
mammals from depredation-related interactions.
    Response: NMFS has supported and will continue to support research 
efforts intended to better understand the nature of depredation-related 
interactions, to reduce the risk of serious injury and mortality to 
marine mammal stocks, and to investigate potential mitigation 
strategies.
    Through the Take Reduction Team (TRT) process, NMFS has developed 
and implemented successful gear research components to several Take 
Reduction Plans (TRP). Specifically, NMFS has allocated research 
funding for several TRPs including the Atlantic Trawl Gear, Atlantic 
Large Whale, Pelagic Longline, and Bottlenose Dolphin TRPs. The 
research identified by the respective TRTs allows NMFS to better 
understand the behavior of several marine mammal species. The 
recommended research included techniques such as the use of video 
cameras to document marine mammal interactions with various gear types 
in hopes of gaining a better understanding of whether these 
interactions are a result of depredation of the target species by the 
marine mammals, or other behavioral factors. This knowledge will 
provide insights into what types of mitigation measures can be 
implemented in order to minimize the serious injuries and mortalities 
associated with depredation-related interactions. Various gear 
modifications are routinely researched to reduce the risk of 
interactions and serious injury and mortality of marine mammals should 
an entanglement occur.
    NMFS also gathers information on marine mammal depredation in 
fisheries from various sources including, fishery observer records, 
vessel logbooks, data collected during dockside surveys, independent 
researchers, State agencies, and the general public. NMFS uses this 
information to monitor fisheries and evaluate whether action is needed 
to prevent or limit depredation in order to protect marine mammals. For 
example, in the past NMFS has participated in a program to conduct 
research in California, Oregon, and Washington examining pinniped 
depredation in various fisheries and develop methods to reduce or 
control the depredation. However, funding for this program was 
eliminated in 2005 and it is not known if funding will be re-instated 
in the future. Also, NMFS is currently reviewing the issues related to 
depredation by false killer whales in the Hawaii-based longline fishery 
and is supportive of research efforts to reduce false killer whale 
take. NMFS continues to seek ways to support and participate in 
research on depredation and the development of deterrent methods, 
within existing budget constraints.
    Comment 2: One commenter recommended NMFS work with regional 
Fishery Management Councils to improve monitoring and mitigation of 
serious injury and mortality rates incidental to trap/pot fisheries. 
Interactions with trap/pot gear are known to occur. However, the 
frequency is difficult to quantify because traditional fishery observer 
programs are unlikely to observe entangled animals, particularly large 
whales that often carry entangling gear away. In absence of better 
monitoring, characterization of such problems is often based on 
anecdotal information.
    Response: NMFS has been often unable to identify lines wrapped on 
entangled whales conclusively or determine to which specific fishery 
gear belongs, including whether it is a commercial or recreational 
fishery. This is particularly difficult for pot gear, when often just a 
single line or line with an unidentified buoy is found associated with 
an entangled whale. This information is critically important in 
assigning fisheries under the LOF, and NMFS will only assign a serious 
injury or mortality to a specific fishery when gear can be identified 
to that fishery with a high degree of certainty. NMFS is working to 
improve the ability to identify such gear found on entangled whales.
    NMFS agrees that quantifying entanglement rates in the trap/pot 
fishery would be difficult through an observer program due to the low 
likelihood of observing an entanglement. However, other means of 
collecting information on entanglements of marine mammals are also 
available. For example, information regarding fishery interactions with 
marine mammals is included in reports by fishermen collected under the 
Marine Mammal Authorization Program (MMAP), under which all commercial 
vessel owners or operators, regardless of the category of fishery they 
participate in, must report all incidental injuries and mortalities of 
marine mammals. Stranding data is also used to collect information on 
entanglements.
    Trap/pot fisheries are of interest based on available information 
concerning trap/pot gear interactions with large whales in the 
Atlantic, Pacific, and Alaska, and bottlenose dolphins in the Southeast 
Atlantic and Gulf of Mexico. In the Atlantic Ocean and Gulf of Mexico, 
NMFS has funded, and plans to continue to fund based on available 
resources, several research projects for mitigating blue crab trap/pot 
interactions with bottlenose dolphins in the Southeast Atlantic and 
Gulf of Mexico. Many of these projects have been incorporated into non-
regulatory components of the Bottlenose Dolphin Take Reduction Plan. 
NMFS is considering folding trap/pot fisheries into the Atlantic Large 
Whale Take Reduction Plan (ALWTRP) in an upcoming action. The Atlantic 
Large Whale Take Reduction Team (ALWTRT) currently emphasizes the 
incorporation of the regional fishery management councils by asking 
council representatives to serve as team members. NMFS will raise this 
issue with council representatives at future meetings to further the 
discussion.
    In the Pacific Ocean, NMFS plans to communicate with the Pacific 
Fisheries Management Council when considering current fishery 
descriptions for trap/pot fisheries, as well as when assessing 
potential changes to fishery descriptions to more accurately reflect 
differences in trap gear fisheries and the likelihood for interactions 
with marine mammals.
    In Alaska, a high proportion of all humpback whale entanglements 
are thought to be from pot gear relative to other fishery sources, 
while in reality the proportion of entanglements resulting in known 
serious injuries and mortalities from known or assumed pot gear when 
compared to serious injury and mortalities from all entanglements is 
not as high. From 2001 through 2005 there were 40 humpback whale 
entanglements attributed to commercial or recreational fisheries, and 
15 (37.5 percent) of those were thought to be from various pot gear, 
although that is not conclusive. Of those 40 humpback whale 
entanglements, 17 (42.5 percent) were serious injuries or mortalities, 
all attributed to commercial fisheries. Five of the 17 (29 percent) 
serious injuries or mortalities were thought to be from various pot 
gear. Therefore, from 2001-2005, 5 of the overall 40 humpback whale 
entanglements, or 12.5 percent, resulted in serious injuries or 
mortalities thought to be from various pot gear.
    Determining whether an entanglement results in a serious injury 
(one that leads to mortality) is a challenge for NMFS, and an improved 
approach to this is needed, and the agency is working toward that end. 
In the Alaska region, NMFS is working to increase public awareness of 
the dangers to whales of vertical lines in the water column, and is 
asking for voluntary cooperation to minimize the amount of vertical 
line in the water column where possible and in marking personal and 
commercial gear.

[[Page 14470]]

Working with marine mammal researchers, the fishing industry, and NOAA 
Sea Grant over the past several years, the Alaska Stranding Program has 
increased community outreach. Cooperative, ongoing efforts include 
community meetings, informal working groups, increased disentanglement 
response training, developing a vessel wheelhouse guide on preventive 
measures and reporting information, investigating deterrent uses, 
improved reporting, and acquisition of additional response equipment, 
including adding a response vessel to the program, and satellite 
telemetry tags and buoys. Ultimately, the goal is entanglement 
reduction and prevention.
    Comment 3: One commenter stated that the length of the public 
comment period (30 days) on the proposed rule does not allow 
appropriate time for formal review and comment by Fishery Management 
Councils, protected resources committees, industry advisors, and 
individuals.
    Response: NMFS believes the 30-day comment period allowed for 
adequate review and comment on this proposed rule.
    Comment 4: One commenter noted that the categorization of fisheries 
under the MMPA is not congruent with fishery management units defined 
under the Magnuson-Stevens Fishery Conservation and Management Act 
(MSFCMA). Congruency between the definitions under MSFCMA and the 
categorization of fisheries under the MMPA would facilitate the process 
of moving towards an ecosystem approach to management, i.e., for the 
management of fisheries resources and the conservation of marine mammal 
stocks.
    Response: The MSFCMA defines fishery listings based on fish species 
and fish stocks, while the MMPA defines fishery listings based on 
marine mammal stocks and their interactions with fishing gear types. 
Since multiple fishing gear types are usually covered under each 
Fishery Management Plan (FMP), categorizing marine mammal interactions 
with fisheries on an FMP basis is usually not appropriate. To help 
minimize confusion associated with the different fishery definitions, 
the agency will continue, as appropriate, to make modest changes to 
facilitate cooperation with regional Fishery Management Councils (see 
responses to comments 2 and 3).
    Comment 5: The proposed rule states that less than 360 small 
entities will be affected by the LOF due to the cost of permits and 
that no economic costs will be incurred by vessels requested to carry 
an observer. This evaluation fails to recognize the burden of carrying 
an observer, especially on smaller fishing vessels that may have to 
operate with one less crew member to accommodate the observer. This 
could lead to operational inefficiencies and loss of revenue.
    Response: An Environmental Assessment (EA) was prepared for the 
Final 2006 LOF, which included a full Regulatory Impact Review (RIR). 
The effects on small entities were discussed and analyzed as part of 
the RIR. Impacts to small entities including the impacts associated 
with carrying an observer were adequately addressed. A full copy of the 
December 2005 EA can be obtained at: http://www.nmfs.noaa.gov/pr/pdfs/interactions/lof_ea.pdf.
    In addition, under section 118(d)(6)(B) of the MMPA, NMFS is not 
required to place an observer on a Category I or II vessel if the 
facilities for housing the observer or for carrying out observer 
functions are so inadequate or unsafe that the health or safety of the 
observer or the safe operation of the vessel would be jeopardized (also 
stated in 50 CFR 229.7(c)(3)).
    Comment 6: NMFS did not provide sufficient notice in the proposed 
rule to inform fishermen that their fishery is proposed for elevation 
and the associated more stringent regulations. Also, the holiday season 
falling within the comment period (December 4, 2006-January 3, 2007) 
made it difficult to find credible information and to contact agency 
staff to allow public involvement.
    Response: See Comment Response 3 above.
    Comment 7: One commenter viewed the LOF fishery classification 
system as inaccurate, under which NMFS is downplaying the highly 
destructive nature of commercial fisheries. NMFS does not sufficiently 
monitor these fisheries; therefore, many more fisheries should be 
classified higher on the LOF to allow for observer coverage.
    Response: NMFS believes that the fishery classification system is 
accurate. The current fishery classification system, which continues to 
be widely accepted by the scientific community and the fishing 
industry, is based on a two-tiered, stock-specific approach that first 
addresses the total impacts of all fisheries on each marine mammal 
stock and then addresses the impacts of individual fisheries on each 
stock. Please see SUPPLEMENTARY INFORMATION for additional information 
on the classification criteria. NMFS implemented the classification 
criteria in the final regulations to implement the 1994 amendments to 
the MMPA (60 FR 45086, August 30, 1995) after ample consider of 
comments and suggestions from the public. NMFS also finalized an 
Environmental Assessment (EA) in August, 1995, to analyze the impacts 
of the regulations implementing the 1994 amendment on the environment 
and the public, and finalized a revised EA in December 2005 on the 
process of classifying U.S. commercial fisheries. To determine whether 
changes in fishery classification are warranted, NMFS reviews all 
marine mammal incidental injury and mortality information presented in 
the Stock Assessment Reports (SARs). NMFS' SARs are based on the best 
available scientific information available at the time of publication. 
The SARs are peer-reviewed by regional Scientific Review Groups (SRGs), 
created by the MMPA to review the science that informs the SARs.
    NMFS regularly monitors commercial fisheries in the U.S. and 
reviews data gathered by the National Observer Program, fisher self-
reports, stranding data, and other information when categorizing 
fisheries based on the level of interactions with marine mammals. 
Category I and II fisheries are required to register with NMFS, to 
carry NMFS observers if requested, and comply with all applicable take 
reduction plan regulations. In addition, all fishermen, regardless of 
the classification of the fishery in which they operate, are required 
by the MMPA to report, within 48 hours of returning to port, any injury 
or mortality that occurs incidental to commercial fishing operations. 
NMFS also reviews other sources of information, such as stranding data, 
to assess whether elevation of a Category III fishery is warranted, 
thereby requiring the fishery to carry observers, if requested.
    Comment 8: One commenter reiterated previous letters on the 2005 
and 2006 LOFs calling for the inclusion of observer coverage on the 
LOF. The SARs usually include estimates of observer coverage only for 
fisheries known to interact with marine mammals, while fisheries for 
which interactions have not been documented in recent years are not 
described. Without this information, it is not possible to determine 
whether a given fishery was adequately observed and no interactions 
documented, or whether the fishery was not adequately observed and 
interactions may occur. For this reason, NMFS should describe the level 
of observer coverage for each fishery on the LOF.
    Response: Including detailed information on the level, or 
percentage, of observer coverage to each fishery on the LOF will be of 
limited use without also including the confidence associated

[[Page 14471]]

with mortality/serious injury estimates generated from observer data. 
Presenting the level of observer coverage in the LOF without the 
associated confidence information will likely lead to misinterpretation 
of the information provided. Information including details of the 
interaction data, and the Coefficient of Variance (CV) for stock-
specific information, is reported in the SARs. Please also see NMFS' 
response to a similar comment in the final LOF for 2006 (see Response 
to Comment 4 in 60 FR 48802, August 22, 2006).
    NMFS continues to refer readers to the SARs for the most current, 
peer-reviewed information on observer coverage. Since 2005 each SARs 
includes an Appendix with Category I and II fishery-specific 
information, including the level of observer coverage; therefore, this 
information does not need to be duplicated in the LOF. NMFS is 
continuing to work to build and improve the fisheries interaction 
information presented in order to provide a useful source of 
information for the reader. NMFS will consider this comment when 
considering improvements to the SARs appendices. The SARs can be 
accessed through the NMFS Office of Protected Resource's web site at: 
http://www.nmfs.noaa.gov/pr.sars/. Additional information can also be 
found on the National Observer Program web site at: http://www.st.nmfs.gov/st4/nop/.
    Information beyond stating ``interactions have not been documented 
in recent years'' would be useful as further explanation and support 
for changes in fishery classifications or additions and deletions of 
stocks from the list of marine mammal species or stocks incidentally 
killed/injured in a fishery. For this reason, NMFS will present 
information associated with the level of observer coverage or lack of 
observer coverage, if available, as part of the justification for 
proposing changes in future LOFs.
    Comment 9: One commenter reiterated a previous comment made on the 
2004 LOF for inclusion of high seas fisheries on the LOF. Multiple high 
sea fisheries, in which U.S. flagged vessels operate, are known to 
interact or are likely to interact with marine mammals. Section 118 of 
the MMPA applies to ``commercial fishing operations by persons using 
vessels of the United States''. Therefore, NMFS failure to include 
these high seas fisheries is unlawful. Specific fisheries suggested as 
additions are the Cobb Seamount fishery, Pacific Pelagic Squid Jig 
fishery, South Pacific Tuna Purse Seine fishery, and fisheries in the 
area of the Convention on the Conservation of Antarctic Marine Living 
Resources (CCAMLR) including the Patagonian toothfish longline fishery 
and a trawl fishery for krill.
    Response: NMFS is currently investigating available information on 
existing high seas fisheries in which U.S. nationals and flagged 
vessels participate, the estimated number of vessels/participants in 
these fisheries, and fishery interactions with marine mammal stocks on 
the high seas. NMFS will continue its investigation and consider the 
inclusion of high seas fisheries in future LOFs.

Comments on Fisheries in the Pacific Ocean

    Comment 10: One commenter supported the elevation and addition of 3 
Alaska fisheries, the AK Cook Inlet salmon set gillnet fishery, AK Cook 
Inlet salmon purse seine fishery, and AK Kodiak salmon purse seine 
fishery, to Category II.
    Response: NMFS has added the AK Cook Inlet salmon set gillnet 
fishery as a Category II, and has elevated the AK Cook Inlet salmon 
purse seine fishery and the AK Kodiak salmon purse seine fishery to 
Category II, on the 2007 LOF.
    Comment 11: One commenter stated that NMFS' proposed elevation or 
addition of 3 Alaska nearshore fisheries, the AK Cook Inlet salmon set 
gillnet fishery, AK Cook Inlet salmon purse seine fishery, and AK 
Kodiak salmon purse seine fishery, highlights the importance of 
monitoring interactions in state-managed fisheries. The Alaska Marine 
Mammal Observer Program (AMMOP) has not been funded sufficiently or 
consistently and does not provide an adequate basis for characterizing 
the full extent of such interactions. NMFS should increase and maintain 
funding for the AMMOP at levels sufficient for reasonable assessment of 
marine mammal take levels in AK state-managed fisheries or consider 
alternative means for assessing take levels and their population 
impacts.
    Response: The cost of the Alaska Marine Mammal Observer Program is 
very high, relative to other observer programs around the country, due 
to the remote nature of the fisheries observed. To offset such high 
costs, NMFS is investigating alternatives to implementing full observer 
programs in these fisheries, such as observing focused portions of the 
fisheries.
    Comment 12: Estimates of abundance and PBR level are not readily 
available for North Pacific sperm whales. NMFS should develop a 
scientifically sound estimate of this stock's abundance and PBR level 
that can be used to evaluate potential fishery impacts. For example, 
sperm whales are known to depredate on catch in the sablefish longline 
fishery and at least one serious injury of a sperm whale has been 
observed, with the current estimate of injury/mortality at 0.45 whales/
year. This rate may increase if depredation becomes more widespread.
    Response: At this time, resources are not available to assess the 
abundance of North Pacific sperm whales in order to calculate a PBR 
level.
    Comment 13: One commenter recommended NMFS expedite analyses of 
humpback whale stock structure in the North Pacific and increase 
efforts to observe entangled and stranded whales in southeastern Alaska 
to obtain accurate estimates of interactions with trap/pot fisheries. 
These analyses will better assess the potential impact of fishery 
interactions on the southeastern AK feeding aggregation of Central 
North Pacific humpback whales (which NMFS is currently considering 
designating as a separate stock), considering recent reports of 
stranded/entangled whales suggest interactions with trap/pot fisheries 
in southeastern Alaska may be unsustainable.
    Response: The Structure of Populations, Levels of Abundance, and 
Status of Humpbacks (SPLASH) project collected information on humpback 
whales throughout the North Pacific. This project has only recently 
concluded. At this time, NMFS anticipates that some preliminary results 
may begin to be published in 2008 and may be considered during the 
preparation of the draft List of Fisheries for 2009.
    Comment 14: One commenter referenced the case of a humpback whale 
removed from a set gillnet by NMFS personnel in June 2005. Although 
they were not successful in removing all the webbing, the animal swam 
away. We are not aware of conclusive information that provides a 
determination that mortality resulted from this incidental take.
    Response: The Marine Mammal Protection Act (MMPA) requires that 
serious injuries and mortalities be included in consideration of the 
classification of fisheries under the annual List of Fisheries. NMFS 
has defined serious injury in 50 CFR 229.2 as an injury that is likely 
to lead to mortality. The agency convened a workshop in April 1997 to 
develop guidelines for a consistent approach for determining which 
injuries may be considered serious injuries. Results from that workshop 
were published as a NOAA Technical Memorandum in 1998 (NMFS-OPR-13, 
Angliss, R.P., and

[[Page 14472]]

D.P. DeMaster) and have been incorporated into the annual process of 
fisheries classification.
    Current guidelines for making serious injuries determinations for 
marine mammals injuries resulting from entanglement in fishing gear 
include consideration of whether the animal's locomotion or feeding is 
or could be impaired by the entanglement. Information for each humpback 
whale entanglement in Alaska is reviewed by members of the Alaska 
Scientific Review Group (SRG), a Congressionally mandated regional 
advisory board to NMFS made up of marine mammal scientists. The SRG 
forwards to NMFS recommendations for each entanglement on whether the 
entanglement is likely to result in a serious injury or not. NMFS makes 
the final determination for each entanglement, taking into account the 
SRG's recommendation and the proper application of the serious injury 
determination guidelines.
    NMFS anticipates holding a follow-up serious injury workshop in 
2007 to update and advance the current guidelines for making serious 
injury determinations.
    Comment 15: One commenter stated that the population of the Central 
North Pacific humpback whale stock appears to be increasing. Therefore, 
the take in the Cook Inlet set gillnet fishery, which is calculated to 
be 1.55 percent of the stock's PBR, should not trigger changing this 
fisheries' classification from Category III to Category II.
    Response: There is evidence that the central North Pacific stock of 
humpback whales is increasing in at least portions of its range, such 
as in Southeast Alaska. However, it is not clear that this is the case 
throughout the range of the stock. Further, the results of the recent 
study of North Pacific humpback whales may indicate that the existing 
stock structure is incorrect and that smaller stocks may be more 
appropriate. Given the uncertainty in the rate of increase and stock 
structure, NMFS will classify this fishery using the classification 
criteria without adjusting for possible changes in abundance.
    Comment 16: One commenter stated that the area in which the 
humpback whale take in 2005 occurred in Cook Inlet is remote, and that 
portion of the fishery is not conducted in the same time, area or 
methodology as 95 percent of the set gillnet fishery within Cook Inlet. 
The productivity of this small portion of the fishery is only 1 percent 
of the targeted sockeye salmon species. There has been no documented 
incidence with humpback whales in the Central or Northern districts of 
Upper Cook Inlet through the previous observer program (1999-2000) or 
in the commercial fishery. Please consider listing Upper and Lower Cook 
Inlet set gillnet fisheries as separate fisheries on the List of 
Fisheries.
    Response: NMFS organizes Alaska fisheries under the LOF by target, 
gear type, and geographic area. Separating the Upper and Lower Cook 
Inlet set gillnet fisheries into two fisheries on the LOF would not be 
consist with the scale of identification of other Alaska state and 
Federal fisheries on the LOF.
    The Alaska Department of Fish and Game manages the state fisheries 
at the local scale to achieve the success that they have in maintaining 
sustainable fish population levels, because salmon fishery management 
is based in large part on achieving local escapement goals. However, 
NMFS manages marine mammals by stocks, which generally cover large 
geographic areas in Alaska. The fisheries within or across those areas 
are classified under the LOF in order to track the relative impacts of 
the fisheries on the marine mammal stocks. Because of the large scale 
of Alaska and the high number of small, local fisheries throughout the 
state, NMFS believes that the geographic areas and other variables used 
to identify fisheries under the LOF are comprehensive enough to detect 
potential concerns with marine mammal-fishery interactions, but not so 
large that the local source becomes unclear. Under circumstances 
outlined in the MMPA, when fishery-related serious injuries and 
mortalities reach a level which trigger the need to institute focused 
take reduction measures, a finer scale of review is instituted. In such 
cases, detailed differences in gear, area, timing, effort, and other 
variables would be taken into account to address specific sources of 
marine mammal incidental serious injuries and mortalities.
    Comment 17: One commenter noted errors in the number of permits 
issued in, and management of, the WA/OR purse seine fishery. The 
proposed rule states that OR and WA issued 26 and 16 permits, 
respectively, for the 2004 fishery, when the correct number of permits 
was 20 and 21, respectively. At that time, the OR fishery was a 
developmental fishery and the WA fishery was an experimental fishery. 
In 2006 the OR fishery operated as a state run limited entry fishery 
and WA remained an experimental fishery.
    Response: The commenter is correct. OR and WA issued 20 and 21 
permits, respectively, for the WA/OR purse seine fishery in 2004. The 
figures provided in the proposed rule, 26 permits issued in OR and 16 
in WA, were incorrectly associated with the fishery for 2004. In fact, 
26 and 16 permits were issued for OR and WA, respectively in 2006. The 
commenter is also correct that OR become a limited entry fishery in 
2006, while WA remained an emerging fishery.
    Comment 18: Two commenters recommended elevating the CA lobster, 
prawn, shrimp, rock crab, fish pot fishery and the WA/OR/CA crab pot 
fishery to Category II based on interactions with humpback and gray 
whales. Interactions with humpback whales off the CA coast are likely 
to exceed 1 percent of PBR (PBR = 1.9). At least 14 large whales were 
documented entangled in this gear type from 2000-2005.
    Response: NMFS is aware of interactions between humpback and gray 
whales and pot and trap gear. The 2005 Pacific SAR indicates that there 
were six Eastern North Pacific humpback whales observed killed or 
injured between 1999 and 2003 attributed to unidentified fisheries. 
This results in a mean annual take of more than 1.2 humpback whales per 
year, which is greater than 1 percent of this stock's PBR of 2.3. Based 
upon available data from the California Marine Mammal Stranding Network 
Database, which is currently being reviewed and updated, five humpbacks 
were observed entangled in pot or trap gear between 1999 and 2003. Thus 
NMFS has initiated a review of the trap/pot fisheries to determine 
whether recategorization of the CA lobster, prawn, shrimp, rock crab, 
fish pot fishery or the WA/OR/CA crab pot fishery is appropriate. At 
this time, NMFS has insufficient information on the spatial and 
temporal distribution on these various fisheries to determine which 
fisheries may be interacting with marine mammals, particularly humpback 
whales. Stranding reports from the stranding network are not 
necessarily a reliable identifier of fishing gear types as it is 
difficult to distinguish different pot and trap gears from surface 
observations of line and floats. Therefore, NMFS will work with the 
States of California, Oregon, and Washington to characterize the state 
and Federal fisheries that utilize these gear types, and review 
observed marine mammal entanglement from stranding reports and limited 
data from observer programs, to determine which pot and trap fisheries 
are most likely to interact with marine mammals. NMFS will also 
consider if the current fishery descriptions should be adjusted to more 
accurately reflect spatial and temporal differences in the various pot 
and trap gear fisheries, the regulatory authority for the fisheries, 
and the likelihood of

[[Page 14473]]

interactions with marine mammals. NMFS will work with the states and 
the Pacific Fisheries Management Council during this process and make 
recommendations on fishery recategorizations once sufficient 
information has been collected and analyzed.
    Comment 19: One commenter recommended NMFS observe the category III 
CA halibut bottom trawl fishery and reevaluate classification once 
reliable information on interactions with marine mammals becomes 
available. This fishery is similar to the WA/OR/CA groundfish trawl 
fishery, also Category III, which is known to interact with several 
marine mammal species.
    Response: NMFS is planning to place observers on the CA halibut 
bottom trawl fishery beginning in 2007. Because this fishery has not 
been previously observed, NMFS reviewed the bottom trawl groundfish 
observer data and classified the CA halibut bottom trawl fishery as a 
Category III fishery based upon the level of interactions with marine 
mammals and by analogy to the WA/OR/CA groundfish trawl fishery based 
upon fishing methods and gear used. As of 2006, the State of California 
requires a license for vessels participating in the previously open-
access CA halibut bottom trawl fishery. Thus NMFS will be able to 
deploy observers in this fleet starting in January 2007. Once the data 
are collected and analyzed, NMFS will re-evaluate the CA halibut bottom 
trawl fishery to determine if recategorization on the LOF is 
appropriate.
    Comment 20: One commenter recommended NMFS reclassify the category 
I HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic sharks 
longline/set line fishery as Category II, given the lack of evidence of 
geographic isolation or genetic distinction among ``stocklet'' 
populations of false killer whales in the U.S. Exclusive Economic Zone 
(EEZ) and false killer whales on the high seas, and given the genetic 
evidence of central and eastern Pacific stock overlap. Genetic samples 
taken by NMFS observers indicate substantial mixing and genetic overlap 
between central and eastern Pacific stocks. Therefore, false killer 
whales that interact with the Hawaii-based longline fisheries are not 
clearly identifiable as part of the HI EEZ or central Pacific stock. It 
inappropriate to charge all mortalities or serious injuries by HI-based 
longline fisheries against a HI EEZ stock when it is clear that some 
genetic samples of the injured or killed whales cannot be tracked to a 
genetically distinct HI population.
    The commenter also noted errors and uncertainties in the false 
killer whale SARs, which underestimate false killer whale abundance and 
overestimate the seriousness of the HI longline fishery interactions 
with this species. NMFS improperly divides the central Pacific false 
killer whale stock into two stocklets, artificially reducing the 
abundance numbers against which HI longline fishery interactions are 
considered.
    NMFS should also: (1) base final SAR and LOF decisions on a single, 
combined central Pacific stock of false killer whales across the HI and 
Palmyra Atoll EEZs and the central Pacific; (2) recognize the size of 
this single false killer whale stock is greater than the sum of the 
estimated populations of ``stocklets'' in the HI and Palmyra Atoll EEZs 
(i.e. >1813 animals); (3) derive values for minimum false killer whale 
population estimates and PBR levels based on the combined population 
numbers in the HI and Palmyra Atoll EEZs and the central Pacific; and 
(4) apportion mean annual take estimates attributable to the HI-based 
longline fisheries between a central and eastern false killer whale 
stock consistent with ongoing tissue sampling. This approach would 
result in an overall PBR for the single stock as 10.1 (2.4 for the HI 
EEZ + 7.7 for the Palmyra Atoll EEZ). With these changes HI-based 
longline fisheries would be well below 50 percent of PBR, qualifying 
the fishery for reclassification as a Category II. Also, a Category II 
classification would not affect the observer program requirements, 
which are a consequence of Endangered Species Act (ESA) consultation 
requirements.
    Response: Genetic analyses of tissue samples collected within the 
Eastern North Pacific (ENP) indicate restricted gene flow between false 
killer whales sampled near the main Hawaiian Islands and false killer 
whales sampled in all other regions of the ENP (Chivers et al., 2006). 
False killer whales sampled at Palmyra Atoll appear more closely 
related to animals sampled in the waters of the pelagic ENP, Panama, 
and Mexico (Chivers et al., 2006). Thus, false killer whales occurring 
near Palmyra Atoll may be part of a larger stock covering a broad 
geographic area within the central and eastern North Pacific.
    Since 2003, observers of the Hawaii-based longline fishery have 
also been collecting tissue samples of incidentally caught cetaceans 
for genetic analysis whenever possible. Four false killer whale 
samples, two collected outside the Hawaiian EEZ and two collected more 
than 100 nautical miles from the main Hawaiian Islands, were determined 
to have ENP-like haplotypes. This suggests that false killer whales 
within the Hawaiian EEZ belong to two stocks, with a boundary somewhere 
within the Hawaiian EEZ. Efforts are currently underway to obtain and 
analyze additional tissue samples of false killer whales for further 
studies of population structure in the North Pacific Ocean.
    Therefore, for the MMPA SARs, there are currently two Pacific 
Island Region management stocks. One includes animals found within the 
U.S. EEZ of the Hawaiian Islands, the other includes false killer 
whales found with the U.S. EEZ of Palmyra Atoll. Estimates of 
abundance, PBR levels, and status determinations are analyzed 
separately. Abundance estimates are based upon established scientific 
methods have been peer-reviewed and accepted by the Pacific SRG. The 
marine mammal stock assessment process under the MMPA was specifically 
designed to allow for levels of uncertainty similar to those observed 
for false killer whales.
    Furthermore, NMFS has previously responded to a similar comment in 
our List of Fisheries for 2004 (69 FR 48407, August 10, 2004). In our 
Response to Comment 17 (69 FR 48413), NMFS stated: ``The Hawaiian stock 
of false killer whales is considered a strategic stock under the MMPA 
because fishery related mortality and serious injury exceeds the PBR 
level for this stock (see 16 U.S.C. 1362(19)). Genetic analysis of 
samples from false killer whales in the North Pacific Ocean indicates 
population structure, but geographic boundaries of the various 
populations cannot yet be identified. However, the evidence for 
reproductive isolation and strong genetic differentiation of 
individuals sampled around Hawaii from individuals sampled in the ETP 
(Eastern Tropical Pacific) is solid. Furthermore, NMFS' current 
mortality and serious injury estimates are based only on takes within 
the U.S. EEZ and compared to PBR levels derived from abundance 
estimates for waters within the U.S. EEZ. In addition, even if the 
actual boundaries of the Hawaiian stock of false killer whales extended 
beyond the EEZ, the strategic status of the stock would not be changed. 
NMFS' guidelines for preparing marine mammal stock assessment reports 
contain specific instructions for calculating PBR of trans-boundary 
stocks. (The guidelines are available in electronic form at http://nmml.afsc.noaa.gov/library/gammsrep/gammsrep.htm). In cases such as 
false killer whales in the Hawaiian EEZ, where the stock could extend 
into international waters, the PBR would be

[[Page 14474]]

based on the abundance of animals within the EEZ. This guideline was 
established to prevent underestimating the effects of mortality and 
serious injury incidental to U.S. fisheries in international waters 
where unknown levels of additional human-caused mortality and serious 
injury (e.g., incidental to foreign fisheries in the same waters) may 
also be affecting the stock. NMFS does, however, plan to try to obtain 
additional genetic samples from a broader geographic range to help 
define stock boundaries.''

Comments on Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean

    Comment 21: Two commenters supported reclassification of the mid-
Atlantic mid-water trawl fishery from category I to category II and 
supported findings that this fishery does not pose a serious risk or 
contribute to the mortality or serious injury of common dolphins, 
Western North Atlantic (WNA) stock, and long- and short-finned pilot 
whales, WNA stock. One commenter encouraged NMFS to maintain adequate 
observer coverage to provide robust estimates of mortality and serious 
injury, particularly to inform the Atlantic Trawl Gear Take Reduction 
Team (ATGTRT).
    Response: Based on a recommendation made by the ATGTRT (September 
2006), NMFS re-evaluated the classification of the mid-Atlantic mid-
water trawl fishery as a Category I fishery on the LOF. After 
conducting a tier analysis, NMFS determined that reclassification as a 
Category II fishery is warranted.
    It should be noted that the MMPA establishes a requirement that the 
level of incidental mortality and serious injury of marine mammals be 
reduced to insignificant levels approaching a zero rate, commonly 
referred to as the Zero Mortality Rate Goal (ZMRG). NMFS has 
established a threshold level for mortality and serious injury to meet 
the insignificance threshold requirement. NMFS has defined the 
insignificance threshold as 10 percent of the PBR level for a stock of 
marine mammals (69 FR 43338, July 20, 2004). Since the mid-Atlantic 
mid-water trawl fishery is a Category II fishery and the annual 
mortality and serious injury level is above the insignificance 
threshold, it remains subject to future TRPs developed by the ATGTRT.
    NMFS will continue to allocate observer coverage to the maximum 
extent possible to meet MMPA requirements. NMFS will also try to make 
the best use of available resources by using existing research 
programs, programs operated by states or other authorities, or 
alternative programs where statistically reliable information can be 
obtained.
    Comment 22: One commenter requested further evidence of additional 
species being targeted with trap/pot gear in the mid-Atlantic region. 
It is unclear from the text in the proposed rule (71 FR 70339, December 
4, 2006) which species are being added to the list of target species in 
the Atlantic mixed species trap/pot fishery.
    Response: Clarification on which targeted species are being 
included in the expansion of species associated with the Atlantic mixed 
species trap/pot fishery can be found in the proposed 2007 LOF (71 FR 
70346, December 4, 2006). NMFS added the category II Atlantic mixed 
species trap/pot fishery to the 2003 LOF to encompass the Northeast 
trap/pot fishery, the mid-Atlantic mixed species trap/pot fishery, the 
U.S. mid-Atlantic and Southeast U.S. Atlantic black sea bass trap/pot 
fisheries and any other trap/pot fisheries otherwise not identified in 
the LOF, based on the use of similar gear and the potential for marine 
mammal entanglements. NMFS has recently become aware of additional 
species being targeted in this fishery including but not limited to: 
hagfish, shrimp, conch/whelk, red crab, Jonah crab, rock crab, black 
sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch), 
white hake, spot, skate, catfish and American eel (not included in the 
LOF's U.S. mid-Atlantic eel trap/pot fishery description) (71 FR 70346, 
December 4, 2006).
    Evidence for this decision can be found in the Draft Environmental 
Impact Statement (DEIS) for Amending the Large Whale Take Reduction 
Plan (ALWTRP): Broad-Based Gear Modifications (February 2005), chapter 
4 titled ``Affected Environment''. This chapter includes the reasoning 
for why the addition of these fisheries to the Atlantic mixed species 
trap/pot gear fishery is warranted.
    Comment 23: NMFS used ``anecdotal'' data to help make a category 
determination for the Gulf of Maine Atlantic herring purse seine 
fishery (71 FR 70347, December 4, 2006). NMFS should present the 
objective criteria used to evaluate the legitimacy of anecdotal data 
and how such use satisfies the requirements of the Data Quality Act.
    Response: In the 2007 proposed LOF, NMFS proposed to remove the 
Gulf of Maine/Bay of Fundy stock of harbor porpoises from the list of 
species or stocks incidentally killed or seriously injured in the Gulf 
of Maine Atlantic herring purse seine fishery. The rationale for the 
removal of the harbor porpoise from this list comes from the most 
recent SAR (2005) which highlights the most recent 5 years of data 
(from 1999 2003) as well as anecdotal or historical information, as 
records of interaction. According to the SAR, there is currently no 
evidence indicating that harbor porpoises are killed or seriously 
injured in the Gulf of Maine Atlantic herring purse seine fishery (71 
FR 70347, December 4, 2006). The removal of harbor porpoises from the 
list of species or stocks incidentally killed or injured has not 
resulted in a change in the category determination for the Gulf of 
Maine herring purse seine fishery, which is currently classified as a 
Category III fishery.
    In order for the agency to determine which species or stocks are 
included as incidentally killed or seriously injured in a fishery, NMFS 
reviews the marine mammal incidental serious injury and mortality 
information presented in the most recent SARs for commercial fishing 
operations. Historical and/or anecdotal information is presented in the 
SARs to inform readers about past interactions and takes not observed 
through the fishery observer program. This information is not factored 
into the incidental take information that is collected through observer 
data. SARs are based on the best scientific information available at 
the time of preparation. The information contained in the SARs is 
reviewed by regional SRGs who review the science that informs the SARs 
and advise NMFS on population status and trends, stock structure, 
uncertainties in the science, research needs, and other issues. NMFS 
also reviewed other sources of new information, including marine mammal 
stranding data, observer program data, fisher self-reports, and other 
information that may not be included in the SARs (71 FR 70342, December 
4, 2006).
    Information evaluated by NMFS that is disseminated to the public is 
required to comply with the Information Quality Act. The information 
used to classify fisheries for the 2007 LOF has undergone a 
predissemination review and is consistent with Information Quality Act 
requirements and NOAA guidelines. In the predissemination review, NMFS 
explains how the contents of the 2007 LOF meet the standards for 
utility, integrity, and objectivity established in the Information 
Quality Act and NOAA guidelines. The information in the 2007 LOF meets 
the standards for utility because it provides current, updated 
information on marine mammal

[[Page 14475]]

abundance and serious injury and mortality rates that is beneficial or 
serviceable to the public and affected fisheries. The information in 
the 2007 LOF is provided in a publicly accessible and broadly available 
document, published in the Federal Register and available through paper 
and electronic media, in which the updated information is an 
improvement over previously available information. The contents of the 
2007 LOF meet the standards for integrity because the 2007 LOF adheres 
to the standards set out in the Computer Security Act and the 
Government Information Security Reform Act for electronic information 
disseminated by NOAA. The information in the 2007 LOF also meets the 
standards for objectivity. The LOF is categorized as a natural resource 
plan for purposes of Information Quality Act compliance, an information 
product that is prescribed by law and has content, structure, and 
public review processes based upon published standards. The 2007 LOF 
meets the standards for objectivity because it is published in 
compliance with the requirements of the MMPA, National Environmental 
Policy Act, Endangered Species Act, Coastal Zone Management Act, 
Administrative Procedures Act, Paperwork Reduction Act, and Executive 
Orders 13132 and 12866. The 2007 LOF is supported by the best available 
information, which has been reviewed by independent technically 
qualified individuals (i.e., SRG members) to ensure that the 
information is valid, complete, unbiased, and relevant. The peer review 
process of evaluating the SARs through the SRG allows the agency to 
maximize the objectivity and utility of the information the SARs 
promote.
    Comment 24: One commenter supported the removal of superscript 
(\1\) from bottlenose dolphin (WNA) and minke whale (Canadian east 
coast) under the mid-Atlantic gillnet fishery.
    Response: The superscript (\1\) next to the offshore bottlenose 
dolphins and minke whale stocks be removed under the mid-Atlantic 
gillnet fishery. The superscript (\1\) was defined to denote if a stock 
was responsible for a current fishery's classification (71 FR 70347, 
December 4, 2006). The tier analysis conducted in 1996 that drove 
classification of the mid-Atlantic gillnet fishery from category III to 
category II focused on the incidental mortality and serious injury for 
harbor porpoise, coastal bottlenose dolphin, and humpback whales (60 FR 
67081, December 28, 1995). For reclassification to a category I 
fishery, the tier analysis was based on coastal bottlenose dolphins (68 
FR 1422, January 10, 2003). Though offshore bottlenose dolphins and 
minke whales have the potential to interact with the mid-Atlantic 
gillnet fishery, these species have not influenced the fishery 
classification or its elevation; therefore, the superscript (1) has 
been removed.
    Comment 25: Two commenters viewed the category I Mid-Atlantic 
gillnet fishery as too broad in classification. The definition 
encompasses a large range of mesh sizes, areas, and gear deployments 
(sink and anchored gillnet, drift net, stab net, etc). This fishery 
should be stratified, perhaps by mesh size or target species. 
Stratification would allow for more precise estimation of marine mammal 
interactions by gear type and species targeted.
    One commenter specifically recommended separating the bluefish and 
croaker portions from the generic mid-Atlantic gillnet fishery and re-
designating each as either Category II or III. These fisheries have 
developed into two separate and distinct directed fisheries that are 
proven to pose little or no threat to marine mammals. The commenter 
reiterated a previous request that NMFS perform a separate Tier 
Analysis for both the bluefish and croaker portions of the mid-Atlantic 
gillnet fishery.
    Response: NMFS acknowledges the information provided by the 
commenters on the potential for subdivisions within this fishery. 
Typically NMFS has bundled different targeted species into groups based 
on similar fishery characteristics unless there is information on 
marine mammal interaction rates or fishery operation to warrant a 
separate listing (see response to comment 4). Based on the best 
available (peer reviewed) information, NMFS does not find it 
appropriate to subdivide the bluefish and/or croaker mid-Atlantic 
gillnet fisheries at this time. The information currently available on 
the composition and distribution of the mid-Atlantic gillnet fishery 
and its incidental take levels is insufficient to identify distinct 
subcomponents of this fishery based on mesh size, area, or type of gear 
deployment. NMFS will investigate whether or not evidence exists to 
separate the bluefish and croaker portions of the mid-Atlantic gillnet 
fishery based on the criteria addressed above. If a reclassification is 
warranted, NMFS will propose these changes in a future LOF.
    Comment 26: One commenter supported the addition of the mid-
Atlantic flynet fishery as a Category II and encouraged NMFS to place 
observers aboard vessels in this fishery to obtain the necessary 
information to assess the frequency of interactions.
    Response: The mid-Atlantic flynet fishery has been observed 
opportunistically out of Wanchese, NC. During observed trips, no marine 
mammal takes were observed. Since this is a Category II fishery, NMFS 
may place observers in the fishery to further assess the frequency of 
marine mammal interactions; however, initiation of observer coverage is 
dependent on resources. NMFS also notes that self-reporting of injuries 
and mortalities of marine mammals by fishers is required by the MMPA. 
For this purpose, NMFS developed the MMAP Mortality/Injury Report Form, 
which is available at: http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reportin_form.pdf
    Comment 27: One commenter requested further information and 
description of the specific gear types used to list the mid-Atlantic 
flynet fishery as a category II by analogy with other category II 
bottom trawl fisheries.
    Response: The flynet fishery was listed as a Category II fishery 
because of its similarities to other Category II bottom trawl fisheries 
in terms of gear configuration, seasons and areas fished, and target 
species. As described in the proposed rule, flynets are high profile 
trawls similar to bottom otter trawls, except that they fish just off 
the bottom, rather than on the bottom. Fishermen use flynets to target 
summer flounder, croaker, and weakfish in waters off North Carolina 
from October through April. The flynet fishery is analogous to the 
Category II mid-Atlantic bottom trawl fishery, which, as defined in the 
LOF, includes any bottom trawl gear targeting a wide range of species, 
including, but not limited to, monkfish, summer flounder (fluke), 
winter flounder, silver hake (whiting), spiny dogfish, smooth dogfish, 
scup, black sea bass, bluefish, and croaker. This fishery operates 
year-round from Cape Cod, MA to Cape Hatteras, NC. Because of the 
similarities between these two fisheries, they present a similar risk 
of serious injury and mortality to marine mammals; therefore, the mid-
Atlantic flynet fishery warrants a Category II classification.
    Comment 28: One commenter stated that several fisheries in the Gulf 
of Mexico are known to injure and kill marine mammals, particularly 
bottlenose dolphins. The commenter raised concern in previous letters 
from 2003, 2004, 2005, and 2006, about the uncertainties of 
interactions with Gulf of Mexico fisheries (in particular the Gulf of 
Mexico blue crab trap/pot fishery and the Gulf of Mexico menhaden purse 
seine fishery) and the

[[Page 14476]]

unreliable information about bottlenose dolphin stock structure in the 
Gulf of Mexico. Since there is no evidence that research on bottlenose 
dolphin stock structure will take place in the near future, NMFS should 
expand its efforts to collect reliable information on interaction rates 
of marine mammals incidental to Gulf of Mexico fisheries, with priority 
given to an observer program for the Gulf of Mexico blue crab/trap pot 
fishery and the Gulf of Mexico menhaden purse seine fishery.
    Response: Investigating bottlenose dolphin stock structure in the 
Gulf of Mexico is a high priority for NMFS, and efforts to update 
abundance estimates are underway. For northern Gulf of Mexico coastal 
stocks, aerial surveys began in January 2007 for the northern and 
eastern stocks from the mouth of the Mississippi River Delta to Key 
West, Florida. At least two abundance estimates per year are planned 
for the Bays, Sounds, and Estuarine stocks for the northern Gulf of 
Mexico. Additionally, a ship survey that will include the northern Gulf 
of Mexico continental shelf stock is being planned for the summer of 
2007.
    More information is needed on interactions rates with marine 
mammals in the Gulf of Mexico menhaden purse seine fishery. NMFS 
recently elevated this fishery to Category II based on documented 
serious injury and mortality to bottlenose dolphins. Because this is a 
Category II fishery, NMFS may place observers in the fishery to better 
assess the frequency of marine mammal interactions. While this fishery 
is a high priority for observer coverage, initiation of observer 
coverage is dependent on resources.
    NMFS will continue to monitor blue crab fishing effort in the Gulf 
of Mexico and evaluate bottlenose dolphin strandings for evidence of 
trap/pot-related fishery interactions to determine the need for future 
reclassification of the fishery. NMFS has made efforts to train 
stranding responders in assessing and better documenting human 
interactions, and will continue efforts to work with the Gulf of Mexico 
Marine Fisheries Commission on outreach and derelict crab trap removals 
to reduce the risk of trap/pot interactions with marine mammals.
    Comment 29: Two commenters recommended NMFS elevate the Gulf of 
Mexico blue crab trap/pot fishery to Category II based on the level of 
bottlenose dolphin mortality and serious injury obtained from available 
stranding data. The commenters also recommended NMFS elevate the Gulf 
of Mexico menhaden purse seine fishery to Category I. One commenter 
previously commented on the classification of these fisheries and the 
need for an observer program to obtain more reliable information about 
bottlenose stock structure and interactions with fisheries in the Gulf 
of Mexico in letters from 2003, 2004, 2005, and 2006.
    Response: More information is needed on interaction rates with 
marine mammals in the Gulf of Mexico menhaden purse seine fishery, as 
well as an increased understanding of stock structure of bottlenose 
dolphins in this area. NMFS recently elevated this fishery to a 
Category II based on documented serious injury and mortality to 
bottlenose dolphins, thus, NMFS may place observers in the fishery to 
better assess the frequency of marine mammal interactions. At this 
time, NMFS believes that more information is needed prior to 
considering elevating this fishery to Category I.
    Comment 30: One commenter recommended that NMFS elevate the Gulf of 
Mexico gillnet fishery to Category I.
    Response: At this time, there is no evidence to support a Category 
I classification for the Gulf of Mexico gillnet fishery. This fishery 
is currently listed as a Category II based on analysis of bottlenose 
dolphin stranding data. NMFS will continue to monitor fishing effort 
and evaluate bottlenose dolphin strandings for evidence of gillnet-
related fishery interactions in the Gulf of Mexico to determine the 
need for future reclassification of this fishery. As with other Gulf of 
Mexico fisheries interacting with bottlenose dolphins, this fishery is 
a high priority for observer coverage, but initiation of coverage is 
dependent on resources.
    Comment 31: One commenter recommended NMFS elevate the Caribbean 
gillnet fishery to Category I because it is known to injure or kill 
Antillean manatees, a highly endangered species. Therefore, any 
mortality or serious injury results in levels above 50 percent of PBR.
    Response: NMFS discussed this comment with the U.S. Fish and 
Wildlife Service (USFWS), the agency with responsibility for the 
Antillean manatee stock of the West Indian Manatee. The USFWS is unsure 
of the source of information used by the commenter to support the 
statement that the Caribbean gillnet fishery is ``known to injure or 
kill Antillean manatees''. The commenter may have referenced the USFWS 
SAR for the Antillean stock of the West Indian Manatee. This SAR 
expresses concern for the status of the Antillean manatee as it relates 
to local fisheries. This SAR was written in 1995 and was reflective of 
the best available information present at that time. The USFWS has not 
updated this SAR since it was originally written. Pursuant to 
publication of the USFWS' forthcoming ``Five-year Status Review of the 
West Indian Manatee'' in 2007, which indicates that the status of 
manatees within this region is improving, the USFWS plans to update and 
revise the SAR for this stock. The revised SAR will incorporate the 
best currently available information and should address concerns that 
may be expressed regarding the impact of this fishery on the Antillean 
manatee.
    The USFWS reviewed its records pertaining to the Antillean manatee 
within its range in Puerto Rico and the U.S. Virgin Islands. The latest 
mortality information from the region indicates that no mortalities or 
injuries from a historical fishery for manatees have been observed 
since 1995. These records also document a single manatee death 
attributed to an incidental entanglement in a gillnet over the same 
period of time. Therefore, elevation of the Caribbean gillnet fishery 
is not warranted at this time based on the low level of fisheries-
related interactions over the past 12 years, combined with recent 
information suggesting that the status of manatees within this region 
is improving.

Summary of Changes to the LOF for 2007

    The following summarizes changes to the LOF for 2007 in fishery 
classification, 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. The 
placement and definition of U.S. commercial fisheries for 2007 are 
identical to those provided in the LOF for 2006 with the following 
exceptions.

Commercial Fisheries in the Pacific Ocean

Fishery Classification
    The ``AK Cook Inlet salmon set gillnet fishery'' is elevated
    from Category III to Category II.
Addition of Fisheries to the LOF
    The ``WA, OR sardine purse seine fishery'' is added to the LOF as a 
Category III fishery.
    The ``CA halibut bottom trawl fishery'' is added to the LOF as a 
Category III fishery.
    The ``CA tuna purse seine fishery'' is added to the LOF as a 
Category II fishery.

[[Page 14477]]

    The ``AK Cook Inlet salmon purse seine fishery'' is added to the 
LOF as a Category II fishery.
    The ``AK Kodiak salmon purse seine fishery'' is added to the LOF as 
a Category II fishery.
Removal of Fisheries from the LOF
    The ``CA sardine purse seine fishery'' is removed from the LOF.
    The ``CA herring purse seine fishery'' is removed from the LOF.
Fishery Name and Organizational Changes and Clarifications
    The definition of superscript (\1\)in ``Table 1- List of Fisheries 
Commercial Fisheries in the Pacific Ocean'' is modified from 
''...\1\...greater than 1 percent, but less than 50 percent of the 
stock's PBR'' to read ''...\1\...greater than 1 percent of the stock's 
PBR.''
    The ``Hawaii gillnet fishery'' is renamed the ``Hawaii inshore 
gillnet fishery''.
    The ``Hawaii purse seine fishery'' is renamed the ``Hawaii inshore 
purse seine fishery''.
    The ``CA yellowtail, barracuda, white seabass, and tuna drift 
gillnet (mesh size >3.5 inches and <14 inches) fishery'' is renamed the 
``CA yellowtail, barracuda, and white seabass drift gillnet (mesh size 
>3.5 inches and <14 inches) fishery''.
    The ``CA anchovy, mackerel, tuna purse seine fishery'' and the ``CA 
sardine purse seine fishery'' are reorganized by switching the sardine 
and tuna portions of the fisheries. The end result is the ``CA anchovy, 
mackerel, sardine purse seine fishery'' and the ``CA tuna purse seine 
fishery''.
    Number of Vessels/Persons
    The estimated number of participants in the ``Commonwealth of 
Northern Mariana Islands tuna troll fishery'' is updated to 88.
    The estimated number of participants in the ``Guam tuna troll 
fishery'' is updated to 401.
    The estimated number of participants in the ``American Samoa 
longline fishery'' is updated to 60.
    The estimated number of participants in the ``Guam bottomfish 
fishery'' is updated to 200.
    The estimated number of participants in the ``HI Main Hawaiian 
Islands, Northwestern Hawaiian Islands deepsea bottomfish fishery'' is 
updated to 300. The waters surrounding the Northwestern Hawaiian 
Islands (NWHI), out to a distance of approximately 50 nmi from the 
islands, have been designated as part of the P pahanaumoku kea Marine 
National Monument by Proclamation 8031 (June 15, 2006). Proclamation 
8031 limits the number of bottomfish fishery participants in the 
Monument to 8 commercial fishermen permitted at the time of designation 
to fish for certain species within particular zones in the Monument. 
These 8 permittees are authorized to continue fishing in the Monument 
until June 15, 2011.
List of Species That are Incidentally Killed or Injured
    The CA/OR/WA stocks of Baird's beaked whale, Cuvier's beaked whale, 
Mesoplodont beaked whale, pygmy sperm whale, and striped dolphin, the 
CA/OR/WA offshore stock of bottlenose dolphin, the Eastern North 
Pacific offshore stock of killer whale, the San Miguel Island stock of 
northern fur seal, and the Eastern U.S. stock of Steller sea lion are 
removed from the list of marine mammal species and stocks incidentally 
killed or injured by the ``CA/OR swordfish/thresher shark drift gillnet 
fishery''. Also, the humpback whale stock from the list of marine 
mammal species and stocks incidentally injured or killed is changed 
from CA/OR/WA-Mexico to Eastern North Pacific.
    The Eastern North Pacific stocks of humpback whale and gray whale, 
and the CA stock of harbor seal are added to the list of marine mammal 
species and stocks incidentally killed or injured in the ``CA lobster, 
prawn, shrimp, rock crab, fish pot fishery''.
    The Eastern North Pacific stock of humpback whale is added to the 
list of marine mammal species and stocks incidentally killed or injured 
in the ``WA, OR, CA crab pot fishery''.
Technical Corrections
    The proposed LOF for 2007 contained multiple errors in Table 1, 
``List of Fisheries Commercial Fisheries in the Pacific Ocean'', due to 
technical difficulties in merging the proposed 2007 LOF document 
between computers for printing in the Federal Register. These errors 
have been corrected in this final rule. Errors corrected in Table 1, in 
addition to general formatting errors, include:
    Addition of the ``AK Cook Inlet salmon purse seine fishery'' as 
Category II. The text of the proposed rule proposed to add this 
fishery, but the addition was not reflected in Table 1.
    Correction to the number of participants in the ``American Samoa 
tuna troll fishery'' from >50 to <50. The 2007 LOF did not propose to 
change the number of participants in this fishery; therefore, the 
change in the table was incorrect.
    Addition of the South Central Alaska stock of sea otters to the 
list of marine mammal species or stocks incidentally killed or injured 
in the ``AK Prince William Sound salmon drift gillnet fishery''. The 
deletion of this stock from Table 1 was incorrect. This stock remains a 
stock that is incidentally killed or injured in this fishery.
    Deletion of common dolphin, stock unknown, from the list of marine 
mammal species or stocks incidentally killed or injured in the ``CA 
tuna purse seine fishery''. There are no documented takes of any marine 
mammal species or stocks in this fishery.
    Correction to the name change of the ``CA anchovy, mackerel, 
sardine purse seine fishery''. This change was discussed in the text of 
the proposed rule but was not reflected in Table 1.
    Correction of the number of participants in the ``CA anchovy, 
mackerel, sardine purse seine fishery''. Table 1 should read 100 
participants, not 110 participants.

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

Fishery Classification
    The ``Mid-Atlantic mid-water trawl (including pair trawl) fishery'' 
is recategorized from Category I to Category II.
Addition of Fisheries to the LOF
    The ``Mid-Atlantic flynet fishery'' is added to the LOF as a 
Category II.
Fishery Name and Organizational Changes and Clarifications
    The definition of superscript (\1\)in Table 2, ``List of Fisheries 
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean'' is modified from ''...\1\...greater than 1 percent, but 
less than 50 percent of the stocks PBR'' to read ''...\1\...greater 
than 1 percent of the stock's PBR.''
    The definition of the ``Southeastern U.S. Atlantic shark gillnet 
fishery'' is clarified to include fishermen using gillnets set in a 
sink, stab, set, strike, or drift fashion to target sharks.
    The definition of the ``Atlantic Ocean, Caribbean, Gulf of Mexico 
large pelagics longline fishery'' is clarified to include fishermen 
using pelagic longlines to target or land dolphin and wahoo.
    The language defining the ``Northeast sink gillnet fishery'', the 
``Northeast anchored float gillnet fishery'', and the ``Northeast drift 
gillnet fishery'' is changed by removing ''...from the Maine/Canada 
border through the waters east of 72[deg] 30' W...'' (62 FR 33, January 
2, 1997) from all three fisheries descriptions and replacing this with 
''...from the U.S./Canada border to Long Island, NY, at 72[deg] 30' W. 
long. south to

[[Page 14478]]

36[deg] 33.03' N. lat. and east to the eastern edge of the EEZ...''.
    The list of target species associated with the ``Northeast sink 
gillnet fishery'' is expanded to include, but not be limited to: all 
species defined in the Northeast Multispecies FMP (American plaice, 
Atlantic cod, Atlantic halibut, haddock, ocean pout, offshore hake, 
pollock, red hake [ling], redfish, silver hake [whiting], white hake, 
windowpane flounder, winter flounder, witch flounder and yellowtail 
flounder), spiny dogfish, monkfish, shad, skate and mackerel.
    The list of target species associated with the ``Northeast anchored 
float gillnet fishery'' is expanded to include, but not be limited to: 
shad, herring, mackerel and menhaden.
    The list of target species associated with the ``Northeast drift 
gillnet fishery'' is expanded to include, but not be limited to: shad, 
herring, mackerel and menhaden.
    The list of target species associated with the ``Mid-Atlantic 
gillnet fishery'' is expanded to include, but not be limited to: 
Atlantic croaker, mackerel, black drum, bluefish, herring, menhaden, 
scup, shad, striped bass, weakfish, white perch, yellow perch, shark 
(large and small coastal shark, dogfish), and monkfish, spot, and 
skate. Spot and skate were inadvertently deleted from the list of 
targets species in the proposed 2007 LOF. Spot and skate are targets 
species in this fishery and are added to the list of target species in 
the final 2007 LOF.
    The type of gear associated with the ``Mid-Atlantic gillnet 
fishery'' is expanded to include gillnets set in a sink, stab, set, 
strike, or drift fashion, and any residual large pelagic driftnet 
effort in the mid-Atlantic.
    The language defining the ``Mid-Atlantic gillnet fishery'' is 
changed by removing ''...west of 72[deg] 30' W. and north of a line 
extending due east from the North Carolina/South Carolina border...'' 
(62 FR 33, January 2, 1997) and replacing this with ''...west of a line 
drawn at 72[deg] 30' W. long south to 36[deg] 33.03' N. lat. and east 
to the eastern edge of the EEZ and north of the North Carolina/South 
Carolina border...''.
    NMFS clarifies in this final rule that the trap/pot effort 
targeting stone crab off Georgia is part of the Category II ``Atlantic 
Mixed Species Trap/Pot Fishery'', which includes all trap/pot 
operations for species other than American lobster and blue crab from 
the Maine/Canada border through the waters east of the fishery 
management demarcation line between the Atlantic Ocean and the Gulf of 
Mexico (50 CFR 600.105). After the comment period for the proposed 2007 
LOF closed, NMFS became aware of emerging pot fishery for stone crab 
operating in an area off Georgia not previously known to sustain a 
directed stone crab fishery. Stone crab pot fishing off Georgia is not 
considered part of the Category III ``Southeastern US Atlantic, Gulf of 
Mexico Stone Crab Trap/Pot Fishery'' because that fishery is tied to 
the Gulf of Mexico Stone Crab FMP, which only includes south Atlantic 
waters as far north as Miami. Therefore, NMFS clarifies that the list 
of target species associated with the ``Atlantic mixed species trap/pot 
fishery'' is expanded to include, but not be limited to: hagfish, 
shrimp, conch/whelk, red crab, Jonah crab, rock crab, black sea bass, 
scup, tautog, cod, haddock, pollock, redfish (ocean perch), white hake, 
spot, skate, catfish and American eel (not included in the LOF's ``U.S. 
mid-Atlantic eel trap/pot fishery'' description), and stone crab.
Number of Vessels/Persons
    The number of participants in the ``Southeastern U.S. Atlantic 
shark gillnet fishery'' is updated to 30.
    The number of participants in the ``Mid-Atlantic gillnet fishery'' 
is updated to >670.
List of Species That are Incidentally Killed or Injured
    The superscript (\1\) is removed from the Western North Atlantic 
stocks of common dolphins, long-finned pilot whales, and short-finned 
pilot whales under the ``Mid-Atlantic mid-water trawl (including pair 
trawl) fishery'' in Table 2.
    The Western North Atlantic stock of Northern bottlenose whales is 
added to the list of species and stocks incidentally killed or injured 
in the ``Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery''.
    The Gulf of Maine/Bay of Fundy stock of harbor porpoise is removed 
from the list of species or stocks incidentally killed or injured in 
the ``Mid-Atlantic haul/beach seine fishery''.
    The Gulf of Maine/Bay of Fundy stock of harbor porpoise is removed 
from the list of species or stocks incidentally killed or injured in 
the ``Gulf of Maine Atlantic herring purse seine fishery''.
    The superscript (\1\) is removed from the Western North Atlantic 
offshore stock of bottlenose dolphin and the Canadian east coast stock 
of minke whale under the ``Mid-Atlantic gillnet fishery'' in Table 2.
    To correct a typographical error, the superscript (1) is
    removed from the Western North Atlantic stock of harp seals under 
the ``Northeast bottom trawl fishery'' in Table 2.
Technical Corrections
    The proposed LOF for 2007 contained multiple formatting errors and 
one substantive error in Table 2, ``List of Fisheries Commercial 
Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean'', due 
to technical difficulties in merging the proposed 2007 LOF document 
between computers for printing in the Federal Register. These errors 
have been corrected in Table 2 of this final rule. The substantive 
error corrected removed the superscript (1) from the Western North 
Atlantic stock of harp seal from the ``Northeast bottom trawl 
fishery'', which was discussed in the text of the proposed 2007 LOF but 
was not reflected in Table 2 of the proposed rule. The superscript (1) 
has been removed from Table 2 in this final rule.

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 
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 mortality or injury in a 
given fishery, but also includes species or stocks for which there are 
anecdotal 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. NMFS has designated those stocks that are responsible for a 
current fishery's classification by a ``\1\''.
    There are several fisheries classified in Category II that have no 
recently documented interactions with marine mammals, or interactions 
that did not result in a serious injury or mortality. Justifications 
for placement of these fisheries, which are greater than 1 percent of a 
stock's PBR level, are by analogy to other gear types that are known to 
cause mortality or serious injury of marine mammals, as discussed

[[Page 14479]]

in the final LOF for 1996 (60 FR 67063, December 28, 1995), and 
according to factors listed in the definition of a ``Category II 
fishery'' in 50 CFR 229.2. NMFS has designated those fisheries 
originally listed by analogy in Tables 1 and 2 by a ``\2\'' after the 
fishery's name.
    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.

  Table 1 - List of Fisheries Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                   Estimated
                                 <greek-i> of  Marine mammal species and
      Fishery Description          vessels/       stocks incidentally
                                    persons          killed/injured
------------------------------------------------------------------------
Category I
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
CA angel shark/halibut and       58            California sea lion, U.S.
 other species set gillnet(>                   Harbor seal, CA
 3.5 in. mesh)                                 Harbor porpoise, Central
                                                CA\1\
                                               Long-beaked common
                                                dolphin, CA
                                               Northern elephant seal,
                                                CA breeding
                                               Sea otter, CA
                                               Short-beaked common
                                                dolphin, CA/OR/WA
------------------------------------------------------------------------
CA/OR thresher shark/swordfish   85            California sea lion, U.S.
 drift gillnet ([gteqt] 14 in.                 Dall's porpoise, CA/OR/WA
 mesh)                                          Fin whale, CA/OR/WA
                                               Gray whale, Eastern North
                                                Pacific
                                               Humpback whale, Eastern
                                                North Pacific
                                               Long-beaked common
                                                dolphin, CA
                                               Northern elephant seal,
                                                CA breeding
                                               Northern right-whale
                                                dolphin, CA/OR/WA
                                               Pacific white-sided
                                                dolphin, CA/OR/WA
                                               Risso's dolphin, CA/OR/WA
                                               Short-beaked common
                                                dolphin, CA/OR/WA
                                               Short-finned pilot whale,
                                                CA/OR/WA\1\
                                               Sperm whale, CA/OR/WA
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:     ............  .........................
------------------------------------------------------------------------
HI swordfish, tuna, billfish,    140           Blainville's beaked
 mahi mahi, wahoo, oceanic                      whale, HI
 sharks longline/set line                      Bottlenose dolphin, HI
                                               False killer whale, HI\1\
                                               Humpback whale, Central
                                                North Pacific
                                               Pantropical spotted
                                                dolphin, HI
                                               Risso's dolphin, HI
                                               Short-finned pilot whale,
                                                HI
                                               Spinner dolphin, HI
                                               Sperm whale, HI
------------------------------------------------------------------------
 Category II
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
AK Bristol Bay salmon drift      1,903         Beluga whale, Bristol Bay
 gillnet\2\                                    Gray whale, Eastern North
                                                Pacific
                                               Harbor seal, Bering Sea
                                               Northern fur seal,
                                                Eastern Pacific
                                               Pacific white-sided
                                                dolphin, North Pacific
                                               Spotted seal, AK
                                               Steller sea lion, Western
                                                U.S.\1\
------------------------------------------------------------------------
AK Bristol Bay salmon set        1,014         Beluga whale, Bristol Bay
 gillnet\2\                                    Gray whale, Eastern North
                                                Pacific
                                               Harbor seal, Bering Sea
                                               Northern fur seal,
                                                Eastern Pacific
                                               Spotted seal, AK
------------------------------------------------------------------------

[[Page 14480]]

 
AK Cook Inlet salmon set         745           Beluga whale, Cook Inlet
 gillnet                                       Dall's porpoise, AK
                                               Harbor porpoise, GOA
                                               Harbor seal, GOA
                                               Humpback whale, Central
                                                North Pacific\1\
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Cook Inlet salmon drift       576           Beluga whale, Cook Inlet
 gillnet                                       Dall's porpoise, AK
                                               Harbor porpoise, GOA\1\
                                               Harbor seal, GOA
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Kodiak salmon set gillnet     188           Harbor porpoise, GOA\1\
                                               Harbor seal, GOA
                                               Sea otter, Southwest AK
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Metlakatla/Annette Island     60            None documented
 salmon drift gillnet\2\
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands    164           Dall's porpoise, AK
 salmon drift gillnet\2\                       Harbor porpoise, GOA
                                               Harbor seal, GOA
                                               Northern fur seal,
                                                Eastern Pacific
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands    116           Harbor porpoise, Bering
 salmon set gillnet\2\                          Sea
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon   541           Dall's porpoise, AK
 drift gillnet                                 Harbor porpoise, GOA\1\
                                               Harbor seal, GOA
                                               Northern fur seal,
                                                Eastern Pacific
                                               Pacific white-sided
                                                dolphin, North Pacific
                                               Sea Otter, South Central
                                                AK
                                               Steller sea lion, Western
                                                U.S.\1\
------------------------------------------------------------------------
AK Southeast salmon drift        481           Dall's porpoise, AK
 gillnet                                       Harbor porpoise,
                                                Southeast AK
                                               Harbor seal, Southeast AK
                                               Humpback whale, Central
                                                North Pacific\1\
                                               Pacific white-sided
                                                dolphin, North Pacific
                                               Steller sea lion, Eastern
                                                U.S.
------------------------------------------------------------------------
AK Yakutat salmon set            170           Gray whale, Eastern North
 gillnet\2\                                     Pacific
                                               Harbor seal, Southeast AK
                                               Humpback whale, Central
                                                North Pacific (Southeast
                                                AK)
------------------------------------------------------------------------
CA yellowtail, barracuda, and    24            California sea lion, U.S.
 white seabass drift gillnet                   Long-beaked common
 fishery (mesh size > 3.5                       dolphin, CA
 inches and < 14 inches)\2\                    Short-beaked common
                                                dolphin, CA/OR/WA
------------------------------------------------------------------------
WA Puget Sound Region salmon     210           Dall's porpoise, CA/OR/WA
 drift gillnet (includes all                   Harbor porpoise, inland
 inland waters south of US-                     WA\1\
 Canada border and eastward of                 Harbor seal, WA inland
 the Bonilla-Tatoosh line-
 Treaty Indian fishing is
 excluded)
------------------------------------------------------------------------
PURSE SEINE FISHERIES:           ............  .........................
------------------------------------------------------------------------
AK Southeast salmon purse seine  416           Humpback whale, Central
                                                North Pacific\1\
------------------------------------------------------------------------
AK Cook Inlet salmon purse       82            Humpback whale, Central
 seine                                          North Pacific\1\
------------------------------------------------------------------------
AK Kodiak salmon purse seine     370           Humpback whale, Central
                                                North Pacific\1\
------------------------------------------------------------------------
CA anchovy, mackerel,sardine     100           Bottlenose dolphin, CA/OR/
 purse seine                                    WA offshore\1\
                                               California sea lion, U.S.
                                               Harbor seal, CA
------------------------------------------------------------------------

[[Page 14481]]

 
CA squid purse seine             65            Common dolphin, unknown
                                               Short-finned pilot whale,
                                                CA/OR/WA\1\
------------------------------------------------------------------------
CA tuna purse seine\2\           ............  None documented
------------------------------------------------------------------------
TRAWL FISHERIES:                 ............  .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  26            Bearded seal, AK
 flatfish trawl                                Harbor porpoise, Bering
                                                Sea
                                               Harbor seal, Bering Sea
                                               Killer whale, AK
                                                resident\1\
                                               Northern fur seal,
                                                Eastern North Pacific
                                               Spotted seal, AK
                                               Steller sea lion, Western
                                                U.S.\1\
                                               Walrus, AK
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  120           Dall's porpoise, AK
 pollock trawl                                 Harbor seal, AK
                                               Humpback whale, Central
                                                North Pacific\1\
                                               Humpback whale, Western
                                                North Pacific\1\
                                               Killer whale, Eastern
                                                North Pacific, GOA,
                                                Aleutian Islands, and
                                                Bering Sea transient\1\
                                               Minke whale, AK
                                               Ribbon seal, AK
                                               Spotted seal, AK
                                               Steller sea lion, Western
                                                U.S.\1\
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:     ............  .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  114           Killer whale, AK
 Pacific cod longline                           resident\1\
                                               Killer whale, Eastern
                                                North Pacific, GOA,
                                                Aleutian Islands, and
                                                Bering Sea transient\1\
                                               Ribbon seal, AK
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
CA pelagic longline\2\           6             California sea lion, U.S.
                                               Risso's dolphin, CA/OR/WA
------------------------------------------------------------------------
OR swordfish floating            0             None documented
 longline\2\
------------------------------------------------------------------------
OR blue shark floating           1             None documented
 longline\2\
------------------------------------------------------------------------
POT, RING NET, AND TRAP          ............  .........................
 FISHERIES:
------------------------------------------------------------------------
AK Bering Sea sablefish pot      6             Humpback whale, Central
                                                North Pacific\1\
                                               Humpback whale, Western
                                                North Pacific\1\
------------------------------------------------------------------------
Category III
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
AK Kuskokwim, Yukon, Norton      1,922         Harbor porpoise, Bering
 Sound, Kotzebue salmon gillnet                 Sea
------------------------------------------------------------------------
AK miscellaneous finfish set     3             Steller sea lion, Western
 gillnet                                        U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon   30            Harbor seal, GOA
 set gillnet                                   Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK roe herring and food/bait     2,034         None documented
 herring gillnet
------------------------------------------------------------------------
CA set and drift gillnet         341           None documented
 fisheries that use a stretched
 mesh size of 3.5 in or less
------------------------------------------------------------------------
Hawaii inshore gillnet           35            Bottlenose dolphin, HI
                                               Spinner dolphin, HI
------------------------------------------------------------------------

[[Page 14482]]

 
WA Grays Harbor salmon drift     24            Harbor seal, OR/WA coast
 gillnet (excluding treaty
 Tribal fishing)
------------------------------------------------------------------------
WA, OR herring, smelt, shad,     913           None documented
 sturgeon, bottom fish, mullet,
 perch, rockfish gillnet
------------------------------------------------------------------------
WA, OR lower Columbia River      110           California sea lion, U.S.
 (includes tributaries) drift                  Harbor seal OR/WA coast
 gillnet
------------------------------------------------------------------------
WA Willapa Bay drift gillnet     82            Harbor seal, OR/WA coast
                                               Northern elephant seal,
                                                CA breeding
------------------------------------------------------------------------
PURSE SEINE, BEACH SEINE, ROUND  ............
 HAUL AND THROW NET FISHERIES:
------------------------------------------------------------------------
AK Metlakatla salmon purse       10            None documented
 seine
------------------------------------------------------------------------
AK miscellaneous finfish beach   1             None documented
 seine
------------------------------------------------------------------------
AK miscellaneous finfish purse   3             None documented
 seine
------------------------------------------------------------------------
AK octopus/squid purse seine     2             None documented
------------------------------------------------------------------------
AK roe herring and food/bait     8             None documented
 herring beach seine
------------------------------------------------------------------------
AK roe herring and food/bait     624           None documented
 herring purse seine
------------------------------------------------------------------------
AK salmon beach seine            34            None documented
------------------------------------------------------------------------
AK salmon purse seine (except    953           Harbor seal, GOA
 Southeast Alaska, which is in
 Category II)
------------------------------------------------------------------------
WA, OR sardine purse seine       42            None documented
------------------------------------------------------------------------
HI Kona crab loop net            42            None documented
------------------------------------------------------------------------
HI opelu/akule net               12            None documented
------------------------------------------------------------------------
HI inshore purse seine           23            None documented
------------------------------------------------------------------------
HI throw net, cast net           14            None documented
------------------------------------------------------------------------
WA (all species) beach seine or  235           None documented
 drag seine
------------------------------------------------------------------------
WA, OR herring, smelt, squid     130           None documented
 purse seine or lampara
------------------------------------------------------------------------
WA salmon purse seine            440           None documented
------------------------------------------------------------------------
WA salmon reef net               53            None documented
------------------------------------------------------------------------
DIP NET FISHERIES:               ............  .........................
------------------------------------------------------------------------
CA squid dip net                 115           None documented
------------------------------------------------------------------------
WA, OR smelt, herring dip net    119           None documented
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES:    ............  .........................
------------------------------------------------------------------------
CA marine shellfish aquaculture  unknown       None documented
------------------------------------------------------------------------
CA salmon enhancement rearing    >1            None documented
 pen
------------------------------------------------------------------------
CA white seabass enhancement     13            California sea lion, U.S.
 net pens
------------------------------------------------------------------------
HI offshore pen culture          2             None documented
------------------------------------------------------------------------
OR salmon ranch                  1             None documented
------------------------------------------------------------------------

[[Page 14483]]

 
WA, OR salmon net pens           14            California sea lion, U.S.
                                               Harbor seal, WA inland
                                                waters
------------------------------------------------------------------------
TROLL FISHERIES:                 ............  .........................
------------------------------------------------------------------------
AK North Pacific halibut, AK     1,530 (330    None documented
 bottom fish, WA, OR, CA          AK)
 albacore, groundfish, bottom
 fish, CA halibut non-salmonid
 troll fisheries
------------------------------------------------------------------------
AK salmon troll                  2,335         Steller sea lion, Eastern
                                                U.S.
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
American Samoa tuna troll        < 50          None documented
------------------------------------------------------------------------
CA/OR/WA salmon troll            4,300         None documented
------------------------------------------------------------------------
Commonwealth of the Northern     88            None documented
 Mariana Islands tuna troll
------------------------------------------------------------------------
Guam tuna troll                  401           None documented
------------------------------------------------------------------------
HI trolling, rod and reel        1,321         None documented
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:     ............  .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  12            Killer whale, AK resident
 Greenland turbot longline                     Killer whale, Eastern
                                                North Pacific, GOA,
                                                Aleutian Islands, and
                                                Bering Sea transient
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  17            None documented
 rockfish longline
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  63            None documented
 sablefish longline
------------------------------------------------------------------------
AK Gulf of Alaska halibut        1,302         None documented
 longline
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod    440           None documented
 longline
------------------------------------------------------------------------
AK Gulf of Alaska rockfish       421           None documented
 longline
------------------------------------------------------------------------
AK Gulf of Alaska sablefish      412           Sperm whale, North
 longline                                       Pacific
                                               Steller sea lion, Eastern
                                                U.S.
------------------------------------------------------------------------
AK halibut longline/set line     3,079         Steller sea lion, Western
 (State and Federal waters)                     U.S.
------------------------------------------------------------------------
AK octopus/squid longline        7             None documented
------------------------------------------------------------------------
AK state-managed waters          731           None documented
 groundfish longline/setline
 (including sablefish,
 rockfish, and miscellaneous
 finfish)
------------------------------------------------------------------------
American Samoa longline          60            None documented
------------------------------------------------------------------------
WA, OR, CA groundfish,           367           None documented
 bottomfish longline/set line
------------------------------------------------------------------------
WA, OR North Pacific halibut     350           None documented
 longline/set line
------------------------------------------------------------------------
TRAWL FISHERIES:                 ............  .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  8             Steller sea lion, Western
 Atka mackerel trawl                            U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  87            Harbor seal, Bering Sea
 Pacific cod trawl                             Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  9             None documented
 rockfish trawl
------------------------------------------------------------------------
AK Gulf of Alaska flatfish       52            None documented
 trawl
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod    101           Steller sea lion, Western
 trawl                                          U.S.
------------------------------------------------------------------------

[[Page 14484]]

 
AK Gulf of Alaska pollock trawl  83            Fin whale, Northeast
                                                Pacific
                                               Northern elephant seal,
                                                North Pacific
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Gulf of Alaska rockfish       45            None documented
 trawl
------------------------------------------------------------------------
AK food/bait herring trawl       3             None documented
------------------------------------------------------------------------
AK miscellaneous finfish otter   6             None documented
 or beam trawl
------------------------------------------------------------------------
AK shrimp otter trawl and beam   58            None documented
 trawl (statewide and Cook
 Inlet)
------------------------------------------------------------------------
AK state-managed waters of Cook  2             None documented
 Inlet, Kachemak Bay, Prince
 William Sound, Southeast AK
 groundfish trawl
------------------------------------------------------------------------
CA halibut bottom trawl          53            None documented
------------------------------------------------------------------------
WA, OR, CA groundfish trawl      585           California sea lion, U.S.
                                               Dall's porpoise, CA/OR/WA
                                               Harbor seal, OR/WA coast
                                               Northern fur seal,
                                                Eastern Pacific
                                               Pacific white-sided
                                                dolphin, CA/OR/WA
                                               Steller sea lion, Eastern
                                                U.S.
------------------------------------------------------------------------
WA, OR, CA shrimp trawl          300           None documented
------------------------------------------------------------------------
POT, RING NET, AND TRAP          ............  .........................
 FISHERIES:
------------------------------------------------------------------------
AK Aleutian Islands sablefish    8             None documented
 pot
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  76            None documented
 Pacific cod pot
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands  329           None documented
 crab pot
------------------------------------------------------------------------
AK Gulf of Alaska crab pot       unknown       None documented
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod    154           Harbor seal, GOA
 pot
------------------------------------------------------------------------
AK Southeast Alaska crab pot     unknown       Humpback whale, Central
                                                North Pacific (Southeast
                                                AK)
------------------------------------------------------------------------
AK Southeast Alaska shrimp pot   unknown       Humpback whale, Central
                                                North Pacific (Southeast
                                                AK)
------------------------------------------------------------------------
AK octopus/squid pot             72            None documented
------------------------------------------------------------------------
AK snail pot                     2             None documented
------------------------------------------------------------------------
CA lobster, prawn, shrimp, rock  608           Gray whale, Eastern North
 crab, fish pot                                 Pacific
                                               Harbor seal, CA
                                               Humpback whale, Eastern
                                                North Pacific
                                               Sea otter, CA
------------------------------------------------------------------------
OR, CA hagfish pot or trap       25            None documented
------------------------------------------------------------------------
WA, OR, CA crab pot              1,478         Humpback whale, Eastern
                                                North Pacific
                                               Gray whale, Eastern North
                                                Pacific
------------------------------------------------------------------------
WA, OR, CA sablefish pot         176           None documented
------------------------------------------------------------------------
WA, OR shrimp pot/trap           254           None documented
------------------------------------------------------------------------
HI crab trap                     22            None documented
------------------------------------------------------------------------
HI fish trap                     19            None documented
------------------------------------------------------------------------
HI lobster trap                  0             Hawaiian monk seal
------------------------------------------------------------------------
HI shrimp trap                   5             None documented
------------------------------------------------------------------------

[[Page 14485]]

 
HANDLINE AND JIG FISHERIES:      ............  .........................
------------------------------------------------------------------------
AK miscellaneous finfish         100           None documented
 handline and mechanical jig
------------------------------------------------------------------------
AK North Pacific halibut         93            None documented
 handline and mechanical jig
------------------------------------------------------------------------
AK octopus/squid handline        2             None documented
------------------------------------------------------------------------
American Samoa bottomfish        <50           None documented
------------------------------------------------------------------------
Commonwealth of the Northern     <50           None documented
 Mariana Islands bottomfish
------------------------------------------------------------------------
Guam bottomfish                  200           None documented
------------------------------------------------------------------------
HI aku boat, pole and line       4             None documented
------------------------------------------------------------------------
HI Main Hawaiian Islands,        300           Hawaiian monk seal
 Northwest Hawaiian Islands
 deep sea bottomfish
------------------------------------------------------------------------
HI inshore handline              307           None documented
------------------------------------------------------------------------
HI tuna handline                 298           Hawaiian monk seal
------------------------------------------------------------------------
WA groundfish, bottomfish jig    679           None documented
------------------------------------------------------------------------
Western Pacific squid jig        6             None documented
------------------------------------------------------------------------
HARPOON FISHERIES:               ............  .........................
------------------------------------------------------------------------
CA swordfish harpoon             30            None documented
------------------------------------------------------------------------
POUND NET/WEIR FISHERIES:        ............  .........................
------------------------------------------------------------------------
AK herring spawn on kelp pound   452           None documented
 net
------------------------------------------------------------------------
AK Southeast herring roe/food/   3             None documented
 bait pound net
------------------------------------------------------------------------
WA herring brush weir            1             None documented
------------------------------------------------------------------------
BAIT PENS:                       ............  .........................
------------------------------------------------------------------------
WA/OR/CA bait pens               13            California sea lion, U.S.
------------------------------------------------------------------------
DREDGE FISHERIES:                ............  .........................
------------------------------------------------------------------------
Coastwide scallop dredge         108 (12 AK)   None documented
------------------------------------------------------------------------
DIVE, HAND/MECHANICAL            ............  .........................
 COLLECTION FISHERIES:
------------------------------------------------------------------------
AK abalone                       1             None documented
------------------------------------------------------------------------
AK clam                          156           None documented
------------------------------------------------------------------------
WA herring spawn on kelp         4             None documented
------------------------------------------------------------------------
AK dungeness crab                3             None documented
------------------------------------------------------------------------
AK herring spawn on kelp         363           None documented
------------------------------------------------------------------------
AK urchin and other fish/        471           None documented
 shellfish
------------------------------------------------------------------------
CA abalone                       111           None documented
------------------------------------------------------------------------
CA sea urchin                    583           None documented
------------------------------------------------------------------------
HI black coral diving            1             None documented
------------------------------------------------------------------------
HI fish pond                     N/A           None documented
------------------------------------------------------------------------

[[Page 14486]]

 
HI handpick                      37            None documented
------------------------------------------------------------------------
HI lobster diving                19            None documented
------------------------------------------------------------------------
HI squiding, spear               91            None documented
------------------------------------------------------------------------
WA, CA kelp                      4             None documented
------------------------------------------------------------------------
WA/OR sea urchin, other clam,    637           None documented
 octopus, oyster, sea cucumber,
 scallop, ghost shrimp hand,
 dive, or mechanical collection
------------------------------------------------------------------------
WA shellfish aquaculture         684           None documented
------------------------------------------------------------------------
COMMERCIAL PASSENGER FISHING     ............  .........................
 VESSEL (CHARTER BOAT)
 FISHERIES:
------------------------------------------------------------------------
AK, WA, OR, CA commercial        >7,000        Killer whale, stock
 passenger fishing vessel         (1,107 AK)    unknown
                                               Steller sea lion, Eastern
                                                U.S.
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
HI charter vessel                114           None documented
------------------------------------------------------------------------
LIVE FINFISH/SHELLFISH           ............  .........................
 FISHERIES:
------------------------------------------------------------------------
CA finfish and shellfish live    93            None documented
 trap/hook-and-line
 
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK - Alaska; CA -
  California; GOA - Gulf of Alaska; HI - Hawaii; OR - Oregon; WA -
  Washington; \1\ - Fishery classified based on serious injuries and
  mortalities of this stock are greater than 1 percent of the stock's
  PBR; \2\ - Fishery classified by analogy.


 Table 2 - List of Fisheries Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                   Estimated
                                 <greek-i> of  Marine mammal species and
      Fishery Description          vessels/       stocks incidentally
                                    persons          killed/injured
------------------------------------------------------------------------
Category I
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
Mid-Atlantic gillnet             >670          Bottlenose dolphin, WNA
                                                coastal\1\
                                               Bottlenose dolphin, WNA
                                                offshore
                                               Common dolphin, WNA
                                               Gray seal, WNA
                                               Harbor porpoise, GME/
                                                BF\1\
                                               Harbor seal, WNA
                                               Harp seal, WNA
                                               Humpback whale, Gulf of
                                                Maine\1\
                                               Long-finned pilot whale,
                                                WNA
                                               Minke whale, Canadian
                                                east coast
                                               Short-finned pilot whale,
                                                WNA
                                               White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast sink gillnet           341           Bottlenose dolphin, WNA
                                                offshore
                                               Common dolphin, WNA
                                               Fin whale, WNA
                                               Gray seal, WNA
                                               Harbor porpoise, GME/
                                                BF\1\
                                               Harbor seal, WNA
                                               Harp seal, WNA
                                               Hooded seal, WNA
                                               Humpback whale, WNA\1\
                                               Minke whale, Canadian
                                                east coast\1\
                                               North Atlantic right
                                                whale, WNA\1\
                                               Risso's dolphin, WNA
                                               White-sided dolphin, WNA
------------------------------------------------------------------------

[[Page 14487]]

 
LONGLINE FISHERIES:              ............  .........................
------------------------------------------------------------------------
Atlantic Ocean, Caribbean, Gulf  94            Atlantic spotted dolphin,
 of Mexico large pelagics                       Northern GMX
 longline                                      Atlantic spotted dolphin,
                                                WNA
                                               Bottlenose dolphin, GMX
                                                outer continental shelf
                                               Bottlenose dolphin, GMX,
                                                continental shelf edge
                                                and slope
                                               Bottlenose dolphin, WNA
                                                offshore
                                               Common dolphin, WNA
                                               Cuvier's beaked whale,
                                                WNA
                                               Long-finned pilot whale,
                                                WNA\1\
                                               Mesoplodon beaked whale,
                                                WNA
                                               Northern bottlenose
                                                whale, WNA
                                               Pantropical spotted
                                                dolphin, Northern GMX
                                               Pantropical spotted
                                                dolphin, WNA
                                               Pygmy sperm whale, WNA\1\
                                               Risso's dolphin, Northern
                                                GMX
                                               Risso's dolphin, WNA
                                               Short-finned pilot whale,
                                                Northern GMX
                                               Short-finned pilot whale,
                                                WNA\1\
------------------------------------------------------------------------
TRAP/POT FISHERIES:              ............  .........................
------------------------------------------------------------------------
Northeast/Mid-Atlantic American  13,000        Fin whale, WNA
 lobster trap/pot                              Harbor seal, WNA
                                               Humpback whale, WNA\1\
                                               Minke whale, Canadian
                                                east coast\1\
                                               North Atlantic right
                                                whale, WNA\1\
------------------------------------------------------------------------
Category II
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
Chesapeake Bay inshore           45            None documented
 gillnet\2\
------------------------------------------------------------------------
Gulf of Mexico gillnet\2\        724           Bottlenose dolphin,
                                                Eastern GMX coastal
                                               Bottlenose dolphin, GMX
                                                bay, sound, and
                                                estuarine
                                               Bottlenose dolphin,
                                                Northern GMX coastal
                                               Bottlenose dolphin,
                                                Western GMX coastal
------------------------------------------------------------------------
North Carolina inshore gillnet   94            Bottlenose dolphin, WNA
                                                coastal\1\
------------------------------------------------------------------------
Northeast anchored float         133           Harbor seal, WNA
 gillnet\2\                                    Humpback whale, WNA
                                               White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast drift gillnet\2\       unknown       None documented
------------------------------------------------------------------------
Southeast Atlantic gillnet\2\    779           Bottlenose dolphin, WNA
                                                coastal
------------------------------------------------------------------------
Southeastern U.S. Atlantic       30            Atlantic spotted dolphin,
 shark gillnet                                  WNA
                                               Bottlenose dolphin, WNA
                                                coastal\1\
                                               North Atlantic right
                                                whale, WNA
------------------------------------------------------------------------
TRAWL FISHERIES:                 ............  .........................
------------------------------------------------------------------------
Mid-Atlantic mid-water trawl     620           Bottlenose dolphin, WNA
 (including pair trawl)                         offshore
                                               Common dolphin, WNA
                                               Long-finned pilot whale,
                                                WNA
                                               Risso's dolphin, WNA
                                               Short-finned pilot whale,
                                                WNA
                                               White-sided dolphin,
                                                WNA\1\
------------------------------------------------------------------------
Mid-Atlantic bottom trawl        >1,000        Common dolphin, WNA\1\
                                               Long-finned pilot whale,
                                                WNA\1\
                                               Short-finned pilot whale,
                                                WNA\1\
------------------------------------------------------------------------
Mid-Atlantic flynet\2\           21            None documented
------------------------------------------------------------------------

[[Page 14488]]

 
Northeast mid-water trawl        17            Harbor seal, WNA
 (including pair trawl)                        Long-finned pilot whale,
                                                WNA\1\
                                               Short-finned pilot whale,
                                                WNA\1\
                                               White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast bottom trawl           1,052         Common dolphin, WNA
                                               Harbor porpoise, GME/BF
                                               Harp seal, WNA
                                               Long-finned pilot whale,
                                                WNA
                                               Short-finned pilot whale,
                                                WNA
                                               White-sided dolphin,
                                                WNA\1\
------------------------------------------------------------------------
TRAP/POT FISHERIES:              ............  .........................
------------------------------------------------------------------------
Atlantic blue crab trap/pot      >16,000       Bottlenose dolphin, WNA
                                                coastal\1\
                                               West Indian manatee,
                                                FL\1\
------------------------------------------------------------------------
Atlantic mixed species trap/     unknown       Fin whale, WNA
 pot\2\                                        Humpback whale, Gulf of
                                                Maine
------------------------------------------------------------------------
PURSE SEINE FISHERIES:           ............  .........................
------------------------------------------------------------------------
Gulf of Mexico menhaden purse    50            Bottlenose dolphin,
 seine                                          Eastern GMX coastal
                                               Bottlenose dolphin, GMX
                                                bay, sound, estuarine
                                               Bottlenose dolphin,
                                                Northern GMX coastal\1\
                                               Bottlenose dolphin,
                                                Western GMX coastal
------------------------------------------------------------------------
Mid-Atlantic menhaden purse      22            Bottlenose dolphin, WNA
 seine\2\                                       coastal
------------------------------------------------------------------------
HAUL/BEACH SEINE FISHERIES:      ............  .........................
------------------------------------------------------------------------
Mid-Atlantic haul/beach seine    25            Bottlenose dolphin, WNA
                                                coastal\1\
------------------------------------------------------------------------
North Carolina long haul seine   33            Bottlenose dolphin, WNA
                                                coastal\1\
------------------------------------------------------------------------
STOP NET FISHERIES:              ............  .........................
------------------------------------------------------------------------
North Carolina roe mullet stop   13            Bottlenose dolphin, WNA
 net                                            coastal\1\
------------------------------------------------------------------------
POUND NET FISHERIES:             ............  .........................
------------------------------------------------------------------------
Virginia pound net               187           Bottlenose dolphin, WNA
                                                coastal\1\
------------------------------------------------------------------------
Category III
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
Caribbean gillnet                >991          Dwarf sperm whale, WNA
                                               West Indian manatee,
                                                Antillean
------------------------------------------------------------------------
Delaware River inshore gillnet   60            None documented
------------------------------------------------------------------------
Long Island Sound inshore        20            None documented
 gillnet
------------------------------------------------------------------------
Rhode Island, southern           32            None documented
 Massachusetts (to Monomoy
 Island), and New York Bight
 (Raritan and Lower New York
 Bays) inshore gillnet
------------------------------------------------------------------------
Southeast Atlantic inshore       unknown       None documented
 gillnet
------------------------------------------------------------------------
TRAWL FISHERIES:                 ............  .........................
------------------------------------------------------------------------
Atlantic shellfish bottom trawl  972           None documented
------------------------------------------------------------------------
Gulf of Mexico butterfish trawl  2             Bottlenose dolphin,
                                                Northern GMX outer
                                                continental shelf
                                               Bottlenose dolphin,
                                                Northern GMX continental
                                                shelf edge and slope
------------------------------------------------------------------------
Gulf of Mexico mixed species     20            None documented
 trawl
------------------------------------------------------------------------

[[Page 14489]]

 
Southeastern U.S. Atlantic,      >18,000       Bottlenose dolphin,
 Gulf of Mexico shrimp trawl                    Eastern GMX coastal
                                               Bottlenose dolphin,
                                                Western GMX coastal
                                               Bottlenose dolphin, GMX
                                                bay, sound, estuarine
                                               West Indian Manatee, FL
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES:    ............  .........................
------------------------------------------------------------------------
Finfish aquaculture              48            Harbor seal, WNA
------------------------------------------------------------------------
Shellfish aquaculture            unknown       None documented
------------------------------------------------------------------------
PURSE SEINE FISHERIES:           ............  .........................
------------------------------------------------------------------------
Gulf of Maine Atlantic herring   30            Harbor seal, WNA
 purse seine                                   Gray seal, WNA
------------------------------------------------------------------------
Gulf of Maine menhaden purse     50            None documented
 seine
------------------------------------------------------------------------
Florida west coast sardine       10            Bottlenose dolphin,
 purse seine                                    Eastern GMX coastal
------------------------------------------------------------------------
U.S. Atlantic tuna purse seine   5             Long-finned pilot whale,
                                                WNA
                                               Short-finned pilot whale,
                                                WNA
------------------------------------------------------------------------
U.S. Mid-Atlantic hand seine     >250          None documented
------------------------------------------------------------------------
LONGLINE/HOOK-AND-LINE           ............  .........................
 FISHERIES:
------------------------------------------------------------------------
Northeast/Mid-Atlantic bottom    46            None documented
 longline/hook-and-line
------------------------------------------------------------------------
Gulf of Maine, U.S. Mid-         26,223        Humpback whale, WNA
 Atlantic tuna, shark swordfish
 hook-and-line/harpoon
------------------------------------------------------------------------
Southeastern U.S. Atlantic,      >5,000        None documented
 Gulf of Mexico, and Caribbean
 snapper-grouper and other reef
 fish bottom longline/hook-and-
 line
------------------------------------------------------------------------
Southeastern U.S. Atlantic,      <125          None documented
 Gulf of Mexico shark bottom
 longline/hook-and-line
------------------------------------------------------------------------
Southeastern U.S. Atlantic,      1,446         None documented
 Gulf of Mexico, and Caribbean
 pelagic hook-and-line/harpoon
------------------------------------------------------------------------
TRAP/POT FISHERIES               ............  .........................
------------------------------------------------------------------------
Caribbean mixed species trap/    >501          None documented
 pot
------------------------------------------------------------------------
Caribbean spiny lobster trap/    >197          None documented
 pot
------------------------------------------------------------------------
Florida spiny lobster trap/pot   2,145         Bottlenose dolphin,
                                                Eastern GMX coastal
------------------------------------------------------------------------
Gulf of Mexico blue crab trap/   4,113         Bottlenose dolphin,
 pot                                            Western GMX coastal
                                               Bottlenose dolphin,
                                                Northern GMX coastal
                                               Bottlenose dolphin,
                                                Eastern GMX coastal
                                               Bottlenose dolphin, GMX
                                                Bay, Sound, & Estuarine
                                               West Indian manatee, FL
------------------------------------------------------------------------
Gulf of Mexico mixed species     unknown       None documented
 trap/pot
------------------------------------------------------------------------
Southeastern U.S. Atlantic,      10            None documented
 Gulf of Mexico golden crab
 trap/pot
------------------------------------------------------------------------
Southeastern U.S. Atlantic,      4,453         None documented
 Gulf of Mexico stone crab trap/
 pot
------------------------------------------------------------------------
U.S. Mid-Atlantic eel trap/pot   >700          None documented
------------------------------------------------------------------------
STOP SEINE/WEIR/POUND NET        ............  .........................
 FISHERIES:
------------------------------------------------------------------------

[[Page 14490]]

 
Gulf of Maine herring and        50            Gray seal, Northwest
 Atlantic mackerel stop seine/                  North Atlantic
 weir                                          Harbor porpoise, GME/BF
                                               Harbor seal, WNA
                                               Minke whale, Canadian
                                                east coast
                                               White-sided dolphin, WNA
------------------------------------------------------------------------
U.S. Mid-Atlantic crab stop      2,600         None documented
 seine/weir
------------------------------------------------------------------------
U.S. Mid-Atlantic mixed species  751           None documented
 stop seine/weir/pound net
 (except the North Carolina roe
 mullet stop net)
------------------------------------------------------------------------
DREDGE FISHERIES:                ............  .........................
------------------------------------------------------------------------
Gulf of Maine mussel             >50           None documented
------------------------------------------------------------------------
Gulf of Maine, U.S. Mid-         233           None documented
 Atlantic sea scallop dredge
------------------------------------------------------------------------
U.S. Mid-Atlantic/Gulf of        7,000         None documented
 Mexico oyster
------------------------------------------------------------------------
U.S. Mid-Atlantic offshore surf  100           None documented
 clam and quahog dredge
------------------------------------------------------------------------
HAUL/BEACH SEINE FISHERIES:      ............  .........................
------------------------------------------------------------------------
Caribbean haul/beach seine       15            West Indian manatee,
                                                Antillean
------------------------------------------------------------------------
Gulf of Mexico haul/beach seine  unknown       None documented
------------------------------------------------------------------------
Southeastern U.S. Atlantic,      25            None documented
 haul/beach seine
------------------------------------------------------------------------
DIVE, HAND/MECHANICAL            ............  .........................
 COLLECTION FISHERIES:
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico,  20,000        None documented
 Caribbean shellfish dive, hand/
 mechanical collection
------------------------------------------------------------------------
Gulf of Maine urchin dive, hand/ >50           None documented
 mechanical collection
------------------------------------------------------------------------
Gulf of Mexico, Southeast        unknown       None documented
 Atlantic, Mid-Atlantic, and
 Caribbean cast net
------------------------------------------------------------------------
COMMERCIAL PASSENGER FISHING     ............  .........................
 VESSEL (CHARTER BOAT)
 FISHERIES:
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico,  4,000         Bottlenose dolphin,
 Caribbean commercial passenger                 Eastern GMX coastal
 fishing vessel                                Bottlenose dolphin,
                                                Northern GMX coastal
                                               Bottlenose dolphin,
                                                Western GMX coastal
                                               Bottlenose dolphin, WNA
                                                coastal
 
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: FL - Florida; GA -
  Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - Gulf of Mexico; NC
  - North Carolina; SC - South Carolina; TX - Texas; WNA - Western North
  Atlantic; \1\ - Fishery classified based on serious injuries and
  mortalities of this stock are greater than 1 percent of the stock's
  PBR; \2\ - Fishery classified by analogy.

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 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 (with the exception of those in 
regions with a registration process integrated with existing state and 
Federal permitting processes). Additionally, fishers may be subject to 
a Take Reduction Plan (TRP) 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 42,000 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 
these fishers do not need to register separately under the MMPA. 
Currently, less than 360 fishers register directly with NMFS under the 
MMPA authorization program.
    Though this final rule will affect approximately 360 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,

[[Page 14491]]

an initial regulatory flexibility analysis was not prepared. In the 
event that reclassification of a fishery to Category I or II results in 
a TRP, economic analyses of the effects of that plan will be summarized 
in subsequent rulemaking actions.
    This final 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 (0.15 hours per report for new registrants and 0.09 hours per 
report for renewals). The requirement for reporting marine mammal 
injuries or mortalities 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 and SUPPLEMENTARY INFORMATION).
    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 final 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 in June 1995. NMFS revised that EA relative to 
classifying U.S. commercial fisheries on the LOF in December 2005. Both 
the 1995 EA and the 2005 EA concluded that implementation of MMPA 
section 118 regulations would not have a significant impact on the 
human environment. This final rule would not make any significant 
change in the management of reclassified fisheries, and therefore, this 
final rule is not expected to change the analysis or conclusion of the 
2005 EA. If NMFS takes a management action, for example, through the 
development of a TRP, NMFS will first prepare an environmental 
document, as required under NEPA, specific to that action.
    This final rule will not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this 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 ESA section 7 for that action.
    This final rule will have no adverse impacts on marine mammals and 
may have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This final rule will not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

    Angliss, R.P., and D.P. DeMaster. 1998. Differentiating Serious and 
Non-serious Injury of Marine Mammals Taken Incidental to Commercial 
Fishing Operations: Report of the Serious Injury Workshop 1-2 April 
1997, Silver Spring, Maryland. NOAA Technical Memorandum NMFS-OPR-13.
    Chivers, S. J., Baird, R.W., McSweeney, D.J., Webster, D., Hedrick, 
N.M. and Salinas, J.C. 2006. Genetic variation and evidence for 
population structure in eastern North Pacific false killer whales 
(Pseudorca crassidens). Submitted- Canadian Journal of Zoology.

    Dated: March 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-5709 Filed 3-27-07; 8:45 am]
BILLING CODE 3510-22-S


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