Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6545

would not have substantial direct effect

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government, as

specified in E.O. 13132.

Civil Justice Reform. A rule based on

this ANPRM would not have a

retroactive or preemptive effect, and

judicial review of it may be obtained

pursuant to 5 U.S.C. 702. That section

does not require that a petition for

reconsideration be filed prior to seeking

judicial review.

Paperwork Reduction Act

The final rule will require

manufacturers of motor vehicles and

motor vehicle equipment to report

information and data to NHTSA

periodically and upon request. We may

also adopt a standardized form for

reporting this information, so as to

ensure consistency of responses. These

provisions are considered to be

information collection requirements, as

that term is defined by the Office of

Management and Budget (OMB) in 5

CFR part 1329. Accordingly, if

requirements are proposed, they will be

submitted to OMB for its approval,

pursuant to the requirements of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Request for Comments

How Do I Prepare and Submit

Comments?

Your comments must be written and

in English. To ensure that your

comments are correctly filed in the

Docket, please include the docket

number of this document in your

comments.

Your comments must not be more

than 15 pages long (49 CFR 553.21). We

established this limit to encourage you

to write your primary comments in a

concise fashion. However, you may

attach necessary additional documents

to your comments. There is no limit on

the length of the attachments.

Please submit two copies of your

comments, including the attachments,

to Docket Management at the beginning

of this document, under ADDRESSES.

How Can I be Sure That my Comments

Were Received?

If you wish Docket Management to

notify you upon its receipt of your

comments, enclose a self-addressed,

stamped postcard in the envelope

containing your comments. Upon

receiving your comments, Docket

Management will return the postcard by

mail.

How Do I Submit Confidential Business

Information?

If you wish to submit any information

under a claim of confidentiality, you

should submit three copies of your

complete submission, including the

information you claim to be confidential

business information, to the Chief

Counsel, NHTSA (NCC–30), at the

address given at the beginning of this

document under FOR FURTHER

INFORMATION CONTACT. In addition, you

should submit two copies from which

you have deleted the claimed

confidential business information, to

Docket Management at the address

given at the beginning of this document

under ADDRESSES. When you send a

comment containing information

claimed to be confidential business

information, you should include a cover

letter setting forth the information

specified in our confidential business

information regulation, 49 CFR Part 512.

Will the Agency Consider Late

Comments?

We will consider all comments that

Docket Management receives before the

close of business on the comment

closing date indicated at the beginning

of this notice under DATES. Because we

must issue a final rule not later than

June 30, 2002, and a proposed rule in

the interim, we are unlikely to extend

the comment closing dates for this

notice or for the proposed rule.

However, in accordance with our

policies, to the extent possible, we will

also consider comments that Docket

Management receives after the specified

comment closing date. If Docket

Management receives a comment too

late for us to consider in developing the

proposed rule, we will consider that

comment as an informal suggestion for

future rulemaking action.

How Can I Read the Comments

Submitted by Other People?

You may read the comments received

by Docket Management at the address

and times given near the beginning of

this document under ADDRESSES.

You may also see the comments on

the internet. To read the comments on

the internet, take the following steps:

(1) Go to the Docket Management

System (DMS) Web page of the

Department of Transportation (http://

dms.dot.gov/).

(2) On that page, click on ‘‘search.’’

(3) On the next page (http://

dms.dot.gov/search/), type in the fourdigit docket number shown at the

heading of this document. Example: if

the docket number were ‘‘NHTSA–

2001–1234,’’ you would type ‘‘1234.’’

(4) After typing the docket number,

click on ‘‘search.’’

(5) The next page contains docket

summary information for the docket you

selected. Click on the comments you

wish to see.

You may download the comments.

The comments are imaged documents,

in either TIFF or pdf format. Please note

that even after the comment closing

date, we will continue to file relevant

information in the Docket as it becomes

available. Further, some people may

submit late comments. Accordingly, we

recommend that you periodically search

the Docket for new material.

Authority: Sec. 3(b), Pub. L. 106–414;

delegations of authority at 49 CFR 1.50 and

501.8.

Issued on: January 12, 2001.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 01–1502 Filed 1–12–01; 3:48 pm]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 010103003-1003-01, I.D.

083000B]

RIN 0648-AN92

List of Fisheries for 2001

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The National Marine

Fisheries Service (NMFS) proposes

changes for 2001 to the List of Fisheries

(LOF) as required by the Marine

Mammal Protection Act (MMPA). The

proposed LOF for 2001 reflects new

information on interactions between

commercial fisheries and marine

mammals. Under the MMPA, NMFS

must place a commercial fishery on the

LOF into one of three categories based

upon the level of serious injury and

mortality of marine mammals that

occurs incidental to that fishery. The

categorization of a fishery in the LOF

determines whether participants in that

fishery are subject to certain provisions

of the MMPA, such as registration,

observer coverage, and take reduction

plan requirements.

DATES: Comments must be received by

March 8, 2001.

6546 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

ADDRESSES: Send comments to Chief,

Marine Mammal Division, Attn: List of

Fisheries, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910.

Comments regarding the burden-hour

estimates or any other aspect of the

collection of information requirements

contained in this proposed rule should

be sent to the Chief, Marine Mammal

Division, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910 and to the Office of

Information and Regulatory Affairs,

OMB, Attention: NOAA Desk Officer,

Washington, DC 20503.

Registration information and

materials and marine mammal reporting

forms may be obtained from the

following regional offices:

NMFS, Northeast Region, One

Blackburn Drive, Gloucester, MA 01930-

2298, Attn: Sandra Arvilla.

NMFS, Southeast Region, 9721

Executive Center Drive North, St.

Petersburg, FL 33702, Attn: Teletha

Griffin.

NMFS, Southwest Region, Protected

Species Management Division, 501 W.

Ocean Blvd., Suite 4200, Long Beach,

CA 90802-4213, Attn: Don Peterson.

NMFS, Northwest Region, 7600 Sand

Point Way NE, Seattle, WA 98115, Attn:

Permits Office.

NMFS, Alaska Region, Protected

Resources, P.O. Box 22668, 709 West

9th Street, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT:

Emily Hanson, Office of Protected

Resources, 301-713-2322 ext. 101; Kim

Thounhurst, Northeast Region, 978-281-

9138; Diane Borggaard, Southeast

Region, 727-570-5312; Tim Price,

Southwest Region, 562-980-4029; Brent

Norberg, Northwest Region, 206-526-

6733; Michael Payne, Alaska Region,

907-586-7642. Individuals who use a

telecommunications device for the deaf

may call the Federal Information Relay

Service at 1-800-877-8339 between 8

a.m. and 4 p.m. Eastern time, Monday

through Friday, excluding Federal

holidays.

SUPPLEMENTARY INFORMATION:

What Is the List of Fisheries?

Under section 118 of the MMPA,

NMFS must publish, at least annually,

an LOF that places all U.S. commercial

fisheries into one of three categories

based on the level of incidental serious

injury and mortality of marine mammals

that occurs in each fishery. The

categorization of a fishery in the LOF

determines whether participants in that

fishery may be required to comply with

certain provisions of the MMPA, such as

registration, observer coverage, and take

reduction plan requirements.

How Does NMFS Determine In Which

Category a Fishery is Placed?

The definitions for the fishery

classification criteria can be found in

the implementing regulations for section

118 of the MMPA (50 CFR part 229). In

addition, these definitions are

summarized in the preambles to the

final rule implementing section 118 (60

FR 45086, August 30, 1995), the final

LOF for 1996 (60 FR 67063, December

28, 1995), and the proposed LOF for

1999 (63 FR 42803, August 11, 1998).

These criteria are also summarized here.

Fishery Classification Criteria

The fishery classification criteria

consist of a two-tiered, stock-specific

approach that first addresses the total

impact of all fisheries on each marine

mammal stock and then addresses the

impact of individual fisheries on each

stock. This approach is based on

consideration of the rate, in numbers of

animals per year, of incidental

mortalities and serious injuries of

marine mammals due to commercial

fishing operations relative to the

Potential Biological Removal (PBR) level

for each marine mammal stock. The PBR

level is defined in 50 CFR 229.2 to mean

the maximum number of animals, not

including natural mortalities, that may

be removed from a marine mammal

stock while allowing that stock to reach

or maintain its optimum sustainable

population.

Tier 1: If the total annual mortality

and serious injury across all fisheries

that interact with a stock is less than or

equal to 10 percent of the PBR level of

this stock, all fisheries interacting with

this stock would be placed in Category

III. Otherwise, these fisheries are subject

to the next tier of analysis to determine

their classification.

Tier 2, Category II: Annual mortality

and serious injury of a stock in a given

fishery is greater than or equal to 50

percent of the PBR level.

Tier 2, Category II: Annual mortality

and serious injury of a stock in a given

fishery is greater than 1 percent and less

than 50 percent of the PBR level.

Tier 2, Category III: Annual mortality

and serious injury of a stock in a given

fishery is less than or equal to 1 percent

of the PBR level.

Tier 1, therefore, considers the

cumulative fishery mortality and serious

injury for a particular stock, while Tier

2 considers fishery-specific mortality for

a particular stock. Additional details

regarding how threshold percentages

between the categories were determined

are provided in the preamble to the final

rule implementing section 118 of the

MMPA (60 FR 45086, August 30, 1995).

How Do I Find Out if a Specific Fishery

is in Category I, II, or III?

This proposed rule includes two

tables that list all U.S. commercial

fisheries by LOF Category. Table 2 lists

all of the fisheries in the Pacific Ocean

(including Alaska). Table 3 lists all of

the fisheries in the Atlantic Ocean, Gulf

of Mexico, and Caribbean.

How Do I Register?

Owners of vessels or gear engaging in

a Category I or II fishery, are required

under 50 CFR 229.4 to obtain a marine

mammal authorization. You must

register through a NMFS Regional

Offices (see ADDRESSES) unless you

participate in a fishery that has an

integrated registration program. Upon

receipt of a completed registration,

NMFS will issue vessel or gear owners

a decal to display on their vessels and

an authorization certificate that must be

in the possession of the operator while

fishing. The procedures and fees

associated with registration differ

between Regions.

For some fisheries, NMFS has

integrated the MMPA registration

process with existing state and Federal

fishery license, registration, or permit

systems and related programs.

Participants in these fisheries are

automatically registered under the

MMPA and are not required to pay the

$25 registration fee.

Which Fisheries Have Integrated

Registration Programs?

The following fisheries have

integrated registration programs under

the MMPA: All Alaska Category II

fisheries; all Washington and Oregon

Category II fisheries; and three Atlantic

fisheries (the Gulf of Maine, U.S. midAtlantic lobster fishery, the Atlantic

squid, mackerel, butterfish trawl fishery,

and the Northeast sink gillnet fishery).

Special procedures and instructions for

registration in these integrated fisheries

are described in the preamble to the

final LOF for 1998 (63 FR 5748,

February 4, 1998).

How Do I Renew My Registration

Under the MMPA?

The Regional Offices annually send

renewal packets to participants in

Category I or II fisheries that have

previously registered; however, it is

your responsibility to ensure that

registration or renewal forms are

submitted to NMFS at least 30 days in

advance of fishing. If you have not

received a renewal packet by January 1,

or are registering for the first time,

request a registration form from the

appropriate Regional Office (see

ADDRESSES).

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6547

Am I Required to Submit Reports When

I Injure or Kill a Marine Mammal

During the Course of Commercial

Fishing Operations?

Any vessel owner or operator, or

fisher (in the case of non-vessel

fisheries), participating in a Category I,

II, or III fishery must comply with 50

CFR 229.6 and report all incidental

injuries or mortalities of marine

mammals that occur during commercial

fishing operations to NMFS. ‘‘Injury’’ is

defined in 50 CFR 229.2 as a wound or

other physical harm. In addition, any

animal that ingests fishing gear, or any

animal that is released with fishing gear

entangling, trailing, or perforating any

part of the body is considered injured

and must be reported. Instructions on

how to submit reports can be found in

50 CFR 229.6.

Am I Required to Take an Observer

Aboard My Vessel?

Fishers participating in a Category I or

II fishery are required to accommodate

an observer onboard your vessel(s) upon

request. Observer requirements can be

found in 50 CFR 229.7.

Am I Required to Comply With Any

Take Reduction Plan Regulations?

Fishers participating in a Category I or

II fishery are required to comply with

any applicable take reduction plans.

NMFS may develop and implement take

reduction plans for any Category I or II

fishery that interacts with a strategic

stock.

Sources of Information Reviewed for

the Proposed 2001 LOF

NMFS reviewed the marine mammal

incidental serious injury and mortality

information presented in the Stock

Assessment Reports (SARs) for all

observed fisheries to determine whether

proposed changes in fishery

classification were warranted. NMFS

also reviewed other sources of new

information, including marine mammal

strandings data, observer program data,

fisher self-reports, and other

information that is not included in the

SARs.

NMFS’ SARs provide the best

available information on both the level

of serious injury and mortality of marine

mammals that occurs incidental to

commercial fisheries and the PBR levels

for marine mammal stocks. The

information contained in the SARs is

reviewed by regional scientific review

groups (SRGs) representing Alaska, the

Pacific coast (including Hawaii), and the

Atlantic coast (including the Gulf of

Mexico). The SRGs were created by the

MMPA to review the science that goes

into the stock assessment reports and

advise NMFS on population status and

trends, uncertainties in the science,

research needs, and other issues.

The proposed LOF for 2001 is based

on information provided in the final

SARs for 1996 (63 FR 60, January 2,

1998), the final SARs for 1999 (65 FR

12514, March 9, 2000), and the draft

SARs for 2000 (65 FR 31520, May 18,

2000). The final SARs for 1999 and draft

SARs for 2000 provide new estimates of

total serious injury and mortality of

marine mammals that occur incidental

to some U.S. commercial fisheries and

provide new estimates of PBR levels for

some marine mammal stocks. If

information in the 2000 draft SARs

changes as a result of public comments

or additional review by the Scientific

Review Groups, these updates will be

incorporated in the final LOF for 2001.

Changes Resulting From New Draft

SARs

Tables 2 and 3 list all U.S.

commercial fisheries, the number of

participants in each fishery, and the

marine mammal stocks and/or species

incidentally killed or injured in each

fishery. Information in Table 2 was

updated to include the following

changes in the final 1999 Atlantic and

Gulf of Mexico SARs and draft 2000

Atlantic and Gulf of Mexico SARs:

1. The Northern Gulf of Mexico stock

of dwarf sperm whales was designated

as non-strategic.

2. The Northern Gulf of Mexico stock

of pygmy sperm whales was designated

as non-strategic.

3. The Western North Atlantic stock

of Atlantic spotted dolphin was

designated as non-strategic.

4. The Western North Atlantic stock

of pantropical spotted dolphin was

designated as non-strategic.

5. The Western North Atlantic stock

of dwarf sperm whales was designated

as non-strategic.

6. The Western North Atlantic stock

of long-finned pilot whales is proposed

to be designated as strategic.

The 1999 final Pacific SARs included

updates to include new information on

fishery mortality, fisher self-reporting,

and stranding data through 1997,

resulting in revisions to 11 stocks, but

no changes to the status of any Pacific

stocks. The draft 2000 Pacific SARs

included a complete set of revised stock

assessments for Pacific marine mammal

stocks under NMFS jurisdiction,

including the following changes in

status:

1. The California/Oregon/Washington

stock of short-finned pilot whales is

proposed to be designated as nonstrategic;

2. The Central California stock of

harbor porpoise is proposed to be

designated as strategic; and

3. The Hawaii stock of false killer

whales is proposed to be designated as

strategic.

The final 1999 Alaska SARs and draft

2000 Alaska SARs provided updates to

the number of participants in each

Alaska commercial fishery, and to the

list of species and/or stocks incidentally

injured or killed in each fishery. When

possible, the number of participants in

Alaska fisheries provided in Table 3 in

the LOF reflects the number of permits

fished in 1999. For those fisheries for

which this information was not

available, the number of permits issued

in 1999 or the number of permits fished

or issued in prior years were used to

represent the number of participants.

The new information did not change the

status of any of the Alaska stocks.

Proposed Changes to the 2001 LOF

NMFS is proposing specific changes

to the LOF that would take effect in

2001. With the exception of the

proposed changes, NMFS will retain the

fishery classifications as published in

the final LOF for 1999 (64 FR 9067,

February 24, 1999), and which

continued to be effective in 2000 (65 FR

24448, April 26, 2000). NMFS solicits

comments on the proposed changes and

should be advised of any fishery that is

not included in the LOF. As a result of

comments or information received after

the publication of the proposed 2001

LOF, NMFS may redefine existing

fishery definitions, recategorize

fisheries, or add and delete fisheries

from this list for the final 2001 LOF.

This proposed LOF addresses

commercial fisheries only, but NMFS is

currently working with the Atlantic

States Marine Fisheries Commission

and states, partly at the request of the

Mid-Atlantic Harbor Porpoise Take

Reduction Team, to look for ways to

quantify and address recreational

fisheries and marine mammal

interactions. NMFS solicits comments

on distinguishing between the

commercial and recreational fishing

sectors when analyzing marine mammal

strandings that display evidence of

fishery interactions.

Table 1 has been added to the LOF to

provide a summary of fisheries for

which changes are proposed and to

identify the type of change. The first

column identifies the fishery as listed in

the existing List of Fisheries, the middle

column shows the proposed change,

and the third column lists how the

fishery is listed in the proposed 2001

LOF. The category of each fishery is

indicated in parenthesis. A more

6548 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

detailed discussion of the change made

to each fishery follows in the text,

organized by the type of change.

Updates to the number of participants

and to the marine mammal species and

stocks incidentally injured and killed

are not included in this table. Changes

not reflected in Table 1 were either

made directly to Tables 2 or 3 or are

discussed in the ‘‘Other Proposed

Changes or Clarifications to the LOF’’

section.

TABLE 1—SUMMARY OF CHANGES PROPOSED FOR THE 2001 LIST OF FISHERIES

Fishery Listing in the 2000 List of Fisheries Proposed Change Fishery Listing in Proposed 2001 List of Fisheries

Commercial Fisheries in the Pacific Ocean

AK Clam Hand Shovel (III) ................................................................ Reorganized AK Clam (III); AK Clam Mechanical/ Hydraulic (III)

AK Octopus/Squid ‘‘Other’’ (III) ......................................................... Renamed AK Squid/Pot (III)

AK Southeast Alaska Herring Food/Bait Pound Net (III) .................. Renamed AK Southeast Herring Roe/Food/Bait Pound Net (III)

AK Southern Bering Sea, Aleutian Islands, and Western Gulf of

Alaska Sablefish Longline/Set Line (federally regulated Waters)

(III); AK State Waters Sablefish Longline/Set Line (III); AK Miscellaneous Finfish/Groundfish Longline/Set Line (III).

Reorganized AK Bering Sea, Aleutian Islands Groundfish Longline/

Set Line (federally Regulated Waters, including miscellaneous finfish and sablefish) (III); AK Gulf of

Alaska Groundfish Longline/Set Line (federally regulated waters, including miscellaneous finfish and sablefish) (III); AK State-Managed Waters, Groundfish

Longline/Set Line (including sablefish, rockfish, and

miscellaneous finfish) (III)

Southeast AK Salmon Drift Gillnet (II) .............................................. Renamed AK Southeast Salmon Drift Gillnet (II)

Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic

Sharks Longline/Set Line (III).

Recategorized Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo,

Oceanic Sharks Longline/Set Line (II)

N/A ..................................................................................................... Added AK Herring Spawn on Kelp Pound Net (III)

N/A ..................................................................................................... Added AK Snail Pot (III)

N/A ..................................................................................................... Added California Longline (II)

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

Atlantic Ocean, Gulf of Mexico Blue Crab Trap/Pot (III) ................... Reorganized and

Recategorized

Atlantic Blue Crab Trap/Pot (II); Gulf of Mexico Blue

Crab Trap/Pot (II); Northeast Trap/Pot (II)

Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Drift

Gillnet (I).

Removed N/A

Atlantic Squid, Mackerel, Butterfish Trawl (II) ................................... Recategorized Atlantic Squid, Mackerel, Butterfish Trawl (I)

Bluefish, Croaker, Flounder Trawl Fishery (III) ................................. Reorganized Mid-Atlantic Mixed Species Trawl Fishery (III)

Gulf of Maine Small Pelagics Surface Gillnet (II) ............................. Renamed Northeast Anchored Pelagic Gillnet (II)

Gulf of Maine, Southeast U.S. Atlantic Coastal Shad, Sturgeon

Gillnet (III)

Reorganized and

Recategorized

Southeast Atlantic Gillnet (II); Northeast Sink Gillnet

(I); Northeast Anchored Pelagic Gillnet (II); Northeast Drift Gillnet (II)

Gulf of Maine/U.S. Mid-Atlantic Lobster Trap/Pot (I) ........................ Renamed Northeast/Mid-Atlantic American Lobster Trap/Pot (I)

Gulf of Maine, U.S. Mid-Atlantic Mixed Species Trap/Pot (III) ......... Reorganized and

Recategorized

Northeast Trap/Pot (II); Mid-Atlantic Mixed Species

Trap/Pot (III)

Gulf of Mexico Inshore Gillnet (III) Gulf of Mexico Coastal Gillnet

(III); Gulf of Mexico King and Spanish Mackerel Gillnet (III).

Reorganized and

Recategorized

Gulf of Mexico Gillnet (II)

Mid-Atlantic Coastal Gillnet (II) .......................................................... Recategorized Mid-Atlantic Coastal Gillnet (I)

Mid-Atlantic Haul Seine (II) ............................................................... Reorganized and

Renamed

North Carolina Long Haul Seine (II); Mid-Atlantic Haul/

Beach Seine (II)

U.S. Mid-Atlantic Mixed Species Stop/Seine/Weir (III) ..................... Renamed U.S. Mid-Atlantic Mixed Species Stop Seine/Weir (except the North Carolina Roe Mullet Stop Net) (III)

Mid-Atlantic, Southeastern U.S. Atlantic, Gulf of Mexico Shrimp

Trawl (III).

Renamed Southeastern U.S. Atlantic, Gulf of Mexico Shrimp/

Trawl Fishery (III)

North Carolina Inshore Gillnet (III) .................................................... Recategorized North Carolina Inshore Gillnet (II)

Southeastern U.S. Atlantic, Caribbean Haul Seine (III); Caribbean

Beach Seine (III).

Reorganized and

Renamed

Southeastern U.S. Atlantic Haul/Beach Seine (III);

Caribbean Haul/Beach Seine (III)

All Southeastern Atlantic Gillnet Fisheries (except for Category II

Shark Gillnet); Florida East Coast King and Spanish Mackerel

Gillnet (III).

Reorganized and

Recategorized

Southeast Atlantic Gillnet (II)

Southeastern U.S. Atlantic, Gulf of Mexico Snapper-Grouper and

Other Reef Fish Bottom Longline/Hook-and-Line(III).

Renamed Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean Snapper-Grouper and Other Reef Fish Bottom

Longline/Hook-and-Line(III)

Southeastern U.S. Atlantic, Gulf of Mexico, Caribbean Spiny Lobster Trap/Pot(III).Reorganized Florida Spiny Lobster Trap/Pot (III); Caribbean Spiny

Lobster Trap/Pot(III)

N/A ..................................................................................................... Added Caribbean Gillnet (III)

N/A ..................................................................................................... Added Caribbean Mixed Species Trap/Pot (III)

N/A ..................................................................................................... Added Gulf of Mexico Haul/Beach Seine (III)

N/A ..................................................................................................... Added Gulf of Mexico Mixed Species Trap/Pot (III)

N/A ..................................................................................................... Added Gulf of Mexico Mixed Species Trawl (III)

....................................................................................................... Added Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and

Caribbean Cast Net (III)

N/A ..................................................................................................... Added Mid-Atlantic Pound Net (II)

N/A ..................................................................................................... Added North Carolina Long Haul Seine (II)

N/A ..................................................................................................... Added Northeast Drift Gillnet (II)

N/A ..................................................................................................... Added Northeast Trap/Pot (II)

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6549

TABLE 1—SUMMARY OF CHANGES PROPOSED FOR THE 2001 LIST OF FISHERIES—Continued

Fishery Listing in the 2000 List of Fisheries Proposed Change Fishery Listing in Proposed 2001 List of Fisheries

N/A ..................................................................................................... Added Southeastern U.S. Atlantic, Gulf of Mexico Golden

Crab Trap/Pot (III)

N/A ..................................................................................................... Added Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab

Trap/Pot (III)

Fisheries Elevated to Category I

Atlantic Squid, Mackerel, Butterfish

Trawl Fishery

NMFS proposes to elevate the

Atlantic Squid, Mackerel, Butterfish

Trawl Fishery to Category I as justified

by the following tier analysis. Marine

mammal species and stocks incidentally

injured and killed by the Atlantic Squid,

Mackerel, Butterfish Fishery during the

1996-1998 period include: common

dolphin (WNA stock), white-sided

dolphin (WNA stock), and

Globicephala, sp. (includes long-finned

and/or short-finned pilot whales)(WNA

stock).

Tier 1 Evaluation: The NMFS Sea

Sampling program recorded takes of

pilot whales (WNA stock), Atlantic

white-sided dolphins (WNA stock), and

common dolphins (WNA stock) between

1996-1998. According to data presented

in the draft 2000 SAR, annual serious

injury and mortality across all fisheries

for the pilot whale, white-sided

dolphin, and common dolphin stocks

exceeds 10 percent of the PBR level (78,

184, and 107, respectively). Therefore,

this fishery is subject to Tier 2 analysis.

Tier 2 Evaluation: Bycatch analysis

for this fishery during the 1996-1998

period is reported in the draft 2000

SAR. The analysis resulted in an

estimated average mortality rate for this

fishery of 43 pilot whales and 367

common dolphins per year, which is

greater than 50 percent of the PBR level

for both stocks. Therefore, this fishery is

proposed to be elevated to Category I.

Mid-Atlantic Coastal Gillnet Fishery

NMFS proposes to elevate the MidAtlantic Coastal Gillnet fishery to

Category I based on new observer

bycatch information about bottlenose

dolphins (WNA coastal stock) presented

in the draft 2000 SAR. The geographic

boundaries of the Mid-Atlantic Coastal

Gillnet Fishery would be maintained.

This fishery includes all gillnet fishing

that is south of Long Island, landward

of the 72°30’ W. line, and north of a line

extending due east from the North

Carolina/South Carolina border.

However, the Mid-Atlantic Coastal

Gillnet Fishery would not include the

Category III inshore gillnet fisheries,

which are not changed on the LOF.

Marine mammal species and stocks

incidentally injured and killed in the

Mid-Atlantic Coastal Gillnet Fishery

include: bottlenose dolphin (WNA

coastal stock), harbor porpoise (Gulf of

Maine/Bay of Fundy stock), harbor seal

(WNA stock), harp seal (WNA stock),

humpback whale (undetermined North

Atlantic stock), minke whale, (WNA

stock), Globicephala, sp. (includes longfinned and/or short-finned pilot whales)

(WNA stock), white-sided dolphin

(WNA stock), and common dolphin

(WNA stock).

The tier analysis justifying this

change follows:

Tier 1 Evaluation: The NMFS Sea

Sampling program has documented

takes of coastal bottlenose dolphins in

the Mid-Atlantic Coastal Gillnet

Fishery. Incidental mortality and

serious injury of bottlenose dolphin

(WNA coastal stock) across all fisheries

exceeds 10 percent of the PBR level (25).

Therefore, this fishery is subject to Tier

2 analysis.

Tier 2 Evaluation: The draft 2000 SAR

reports that the total annual estimated

average fishery-related mortality or

serious injury to bottlenose dolphin

(WNA coastal stock) by mid-Atlantic

coastal gillnets during 1994-1998 was

45.8 bottlenose dolphins, which is

greater than 50 percent of the PBR level

(25) for this stock. Therefore, NMFS

proposes to elevate this fishery to

Category I.

Fisheries Elevated to Category II

Atlantic Blue Crab Trap/Pot Fishery

NMFS proposes to rename the

Atlantic portion of the Category III

Atlantic Ocean, Gulf of Mexico Blue

Crab Trap/Pot Fishery the Atlantic Blue

Crab Trap/Pot Fishery and elevate the

fishery to Category II based on a review

of fishery interaction data from

bottlenose dolphin strandings in the

southeastern Atlantic. The geographic

range of this fishery would extend from

72°30’ W. longitude south from Long

Island to Florida’s Atlantic coast. The

blue crab is distributed along the entire

East Coast. However, data suggest that

significant fishing effort does not occur

north of 72°30’ W. longitude. This

northern boundary would also

encompass most of the distribution of

coastal bottlenose dolphins along the

East Coast. Any blue crab pot effort

north of 72°30’ W. longitude would be

included in the Northeast Trap/Pot

Fishery.

The marine mammal species and

stocks incidentally injured and killed

include the bottlenose dolphin (WNA

coastal stock) and West Indian manatee

(FL stock). NMFS is presently

evaluating this fishery to determine the

number of participants, although

historic numbers indicate that there may

be at least 16,000 participants in this

fishery. NMFS will also consider

registration options for this fishery that

will minimize the registration burden

on fishers. The tier analysis justifying

this change follows:

Tier 1 Evaluation: Incidental mortality

and serious injury of bottlenose

dolphins (WNA coastal stock) across all

fisheries is greater than 10 percent of the

PBR level (25), therefore this fishery is

subject to Tier 2 analysis.

Tier 2 Evaluation: Between 1994 and

1998, 22 bottlenose dolphin carcasses

(4.4 dolphins per year on average)

recovered by the Stranding Network

between North Carolina and Florida’s

Atlantic coast displayed evidence of

possible interaction with a trap/pot

fishery (i.e., rope and/or pots attached,

or rope marks). Additionally, although

not included in the analysis, at least two

dolphins were reported to be released

alive (condition unknown) from blue

crab traps/pots during this time period.

Given that other sources of annual

serious injury and mortality estimates

(e.g., observer data) related to the

Atlantic Blue Crab Trap/Pot Fishery are

unavailable, the stranding data (4.4

bottlenose dolphins per year) were used

as a minimum estimate of annual

serious injury and mortality. Therefore,

bottlenose dolphin (WNA coastal stock)

mortality and serious injury from the

Atlantic Blue Crab Trap/Pot Fishery is

estimated to be between 1 percent and

50 percent of the PBR level (25),

warranting placement of this fishery in

Category II.

Gulf of Mexico Blue Crab Trap/Pot

Fishery

NMFS proposes to rename the Gulf of

Mexico portion of the Category III

Atlantic Ocean, Gulf of Mexico Blue

6550 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

1As defined in 33 CFR part 80, COLREGS

demarcation lines delineate those waters upon

which mariners shall comply with the International

Regulations for Preventing Collisions at Sea, 1972

(72 COLREGS) and those water upon which

mariners shall comply with the Inland Navigation

Rules. The waters inside of the lines are Inland

Rules waters. The waters outside the lines are

COLREGS waters. COLREGS demarcation lines are

depicted or noted on nautical charts published by

NOAA (Coast Charts 1:80,000 scale) and described

in 33 CFR part 80.

Crab Trap/Pot Fishery to the Gulf of

Mexico Blue Crab Trap/Pot Fishery and

elevate this fishery to Category II based

on a review of fishery interaction data

from bottlenose dolphin strandings in

the Gulf of Mexico. The marine mammal

species and stocks incidentally injured

and killed include the bottlenose

dolphin (Western, Eastern, and

Northern Gulf of Mexico stocks and Gulf

of Mexico Bay, Sound, and Estuarine

stock), and West Indian manatee (FL

stock). There are approximately 4,113

commercial blue crab fishers in the Gulf

of Mexico. NMFS will consider

registration options for this fishery that

will minimize the registration burden

on fishers. The tier analysis justifying

this change follows:

Tier 1 Evaluation: As noted in the tier

analysis for the Gulf of Mexico gillnet

fishery, total annual mortality and

serious injury of bottlenose dolphin

(Gulf of Mexico Bay, Sound, and

Estuarine stock) exceeds 10 percent of

the PBR level (39.7), and, therefore, the

Gulf of Mexico Blue Crab Trap/Pot

Fishery is subject to Tier 2 analysis.

Tier 2 Evaluation: Between 1994 and

1998, seven bottlenose dolphin

carcasses (1.4 dolphins per year on

average) recovered by the Gulf of

Mexico stranding network displayed

evidence of possible interaction with a

trap/pot fishery (i.e., rope and/or pots

attached, or rope marks). Additionally,

although not included in the analysis, at

least 1 dolphin was reported to be

released alive (condition unknown)

from a blue crab trap/pot in the Gulf of

Mexico during this time period.

Because the Gulf of Mexico Blue

Trap/Pot Fishery occurs predominantly

in inshore waters, NMFS combined the

PBR of the tentative Gulf of Mexico Bay,

Sound and Estuarine stocks from

Florida’s Gulf coast to the Mississippi

River mouth (39.5).

Given that other sources of annual

serious injury and mortality estimates

(e.g., observer data) related to the Gulf

of Mexico Blue Crab Trap/Pot Fishery

are unavailable, the stranding data (0.8

bottlenose dolphins per year) were used

as a minimum estimate of annual

serious injury and mortality. Therefore,

bottlenose dolphin mortality and

serious injury from the Gulf of Mexico

Blue Trap/Pot Fishery is estimated to be

between 1 percent and 50 percent of the

PBR level (39.7) for bottlenose dolphins

(Gulf of Mexico Bay, Sound, and

Estuarine stock), placing this fishery in

Category II.

Gulf of Mexico Gillnet Fishery

NMFS proposes to combine the Gulf

of Mexico Inshore Gillnet Fishery, the

Gulf of Mexico Coastal Gillnet Fishery,

and the Gulf of Mexico King and

Spanish Mackerel Gillnet Fishery into a

new Gulf of Mexico Gillnet Fishery. The

COLREGS line1 is presently used to

divide the Gulf of Mexico Inshore

Gillnet Fisheries (i.e., fisheries

occurring in bays, sounds, or estuaries)

from the Gulf of Mexico Coastal Gillnet

Fisheries, but NMFS has learned that

similar gillnet fisheries occur both

inside and outside of the COLREGS line.

Therefore, NMFS proposes to combine

these fisheries in the LOF for clarity.

The Gulf of Mexico Gillnet Fishery has

734 participants.

Based on analogy with other gillnet

fisheries, the Atlantic Scientific Review

Group (ASRG) recommendation that

NMFS elevate all gillnet fisheries to at

least Category II (unless evidence to the

contrary is available), a NOAA memo

indicating that stranding data

substantially underestimate human

related mortality levels (August 6, 1999,

NOAA Memo from R. Merrick and S.

Swartz to D. Wieting), and the actual

stranding data presented in the

following tier analysis, NMFS is

proposing to elevate the Gulf of Mexico

Gillnet Fisheries to Category II. The

species and stocks incidentally injured

and killed include bottlenose dolphin

(Gulf of Mexico Western, Northern, and

Eastern Coastal Stocks and the Gulf of

Mexico Bay, Sound and Estuarine

Stock).

Tier 1 Evaluation: The Gulf of Mexico

Menhaden Purse Seine Fishery, a

Category II fishery, has documented

interactions with coastal stocks of

bottlenose dolphin, which exceed 10

percent of the combined PBR level (154)

for the Western, Northern and Eastern

coastal bottlenose dolphin stocks.

Therefore the Gulf of Mexico Coastal

Gillnet Fishery is subject to Tier 2

analysis.

For the Gulf of Mexico Bay, Sound

and Estuarine Stock of bottlenose

dolphin (which was not affected by the

menhaden purse seine fishery and thus

not part of the previous tier analysis),

the total annual mortality and serious

injury exceeds 10 percent of the PBR

level (39.7). Therefore, the Gulf of

Mexico Inshore Gillnet Fishery is also

subject to Tier 2 analysis and data on

this fishery will be combined with the

coastal gillnet fishery for the Tier 2

analysis on the Gulf of Mexico gillnet

fishery.

Tier 2 Evaluation: Between 1994 and

1998, the stranding network in the Gulf

of Mexico recovered 35 bottlenose

dolphins that died as a result of fishery

interactions. Of these, up to 10 carcasses

showed evidence of gillnet interactions

(i.e., attached gillnet and net marks):

one in the eastern Gulf of Mexico, eight

in the northern Gulf of Mexico, and one

in the western Gulf of Mexico, for an

average of two bottlenose dolphin

mortalities recovered by the U.S.

stranding network per year with

evidence of gillnet interactions.

Conclusive stock structure

information on bottlenose dolphins in

the Gulf of Mexico is not yet available,

so currently NMFS is generally unable

to identify from which stock stranded

bottlenose dolphin originate. To take

this uncertainty into consideration,

NMFS combined the PBR levels across

the Gulf of Mexico Western (29),

Northern (35), and Eastern (90) coastal

stocks (total PBR level of 154) and the

Gulf of Mexico Bay, Sound and

Estuarine stock (39.7) for a total PBR

level in the Gulf of Mexico of 193.7.

Given that the Gulf of Mexico Gillnet

Fisheries have not been observed to

date, the stranding data (two bottlenose

dolphins per year) were used as a

minimum estimate of annual serious

injury and mortality. Therefore,

bottlenose dolphin mortality and

serious injury from these fisheries is

estimated to be between 1 percent and

50 percent of the PBR level (193.7),

placing this fishery in Category II. As

noted in the August 6, 1999, NOAA

Memo from R. Merrick and S. Swartz to

D. Wieting, it is believed that true

mortality rates are higher than what

stranding data indicate.

Preliminary breakdown by area and

stock for bottlenose dolphin found in

bays, sounds, and estuaries (i.e., inside

the COLREGS line) supports a Category

II classification for at least one of the

areas/stocks. For example, in the Bay

Boudreau and Mississippi Sound (Block

B02-05, 29, 31), one dead dolphin was

recovered by the southeast U.S.

stranding network on average per year

with evidence of a gillnet interaction.

Annual serious injury and mortality

related to the inshore gillnet fishery for

this stock is between 1 percent and 50

percent of the PBR level (13).

Most stranded animals used in the

analyses with evidence of gillnet

interactions occurred in the northern

Gulf of Mexico. Net bans in state waters

off of Florida and Texas may explain

why most stranded animals with

evidence of a gillnet interaction

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6551

occurred in the northern Gulf of Mexico.

Gillnet fisheries may occur in Federal

waters off of Florida and Texas, but

resulting marine mammal mortalities

may occur too far offshore to be

reflected in the beach strandings.

Hawaii Swordfish, Tuna, Billfish, Mahi

Mahi, Wahoo, Oceanic Sharks Longline/

Set Line Fishery

NMFS proposes to elevate the Hawaii

Swordfish, Tuna, Billfish, Mahi Mahi,

Wahoo, Oceanic Sharks Longline/Set

Line Fishery (Hawaii longline fishery) to

Category II because of the diversity of

marine mammal species that have been

documented to interact with the fishery,

including false killer whales (Hawaiian

stock), Risso’s dolphin (Hawaiian stock),

bottlenose dolphin (Hawaiian stock),

spinner dolphin (Hawaiian stock), and

short-finned pilot whales (Hawaiian

stock). The draft 2000 Pacific SARs

present data about these stocks of

marine mammals and calculate a rate of

interaction between the Hawaii longline

fishery and each stock based on

observer data. However, the abundance

estimate and PBR for each stock is based

on twelve aerial surveys conducted

within approximately 25 nautical miles

of the main Hawaiian Islands in 1993,

1995, and 1998, and therefore

underestimates the abundance and PBR

for each stock within the U.S. Exclusive

Economic Zone (EEZ) off of Hawaii.

NMFS also has records of an interaction

between the Hawaii longline fishery and

a sperm whale (Hawaiian stock) in 1999

and a humpback whale (Central North

Pacific stock) in 1991. Regardless of the

limitations of the abundance estimates

and PBRs, observer data show that the

Hawaii longline fishery has occasional

interactions with marine mammals and

should therefore be elevated to Category

II. In addition, the recategorization of

this fishery from Category III to Category

II is consistent with the way NMFS has

addressed other U.S. pelagic longline

fisheries, all of which are Category I or

II.

North Carolina Inshore Gillnet Fishery

NMFS proposes to elevate the North

Carolina Inshore Gillnet Fishery to

Category II. A Geographic Information

System (GIS) analysis was performed on

fisheries interaction data from

bottlenose dolphin strandings in North

Carolina to confirm locations as inside

(inshore) or outside (coastal) of the

COLREGS line currently used to

distinguish between North Carolina’s

inshore and coastal gillnet fisheries. The

analysis revealed 12 fishery interactionrelated strandings in inshore waters.

The tier analysis justifying the elevation

follows:

Tier 1 Evaluation: Incidental mortality

and serious injury across all fisheries for

bottlenose dolphins (WNA coastal

stock) is greater than 10 percent of the

PBR level (25). This fishery is thus

subject to Tier 2 analysis.

Tier 2 Evaluation: Between 1993 and

1997, 12 bottlenose dolphins that died

as a result of fishery interactions were

recovered from inshore waters in North

Carolina. Of these, eight carcasses bore

evidence of possible gillnet interaction.

Of the carcasses stranding inshore and

displaying evidence of gillnet

interactions, two were clearly

attributable to gillnet interactions (i.e.,

visible monofilament net marks and/or

gear present on the carcass). Counting

only these latter two animals, there were

0.4 dead bottlenose dolphins with clear

evidence of gillnet interactions

recovered from inshore waters by the

southeast U.S. stranding network on

average per year. Additionally, although

not included in the analysis, a live

dolphin entangled in a gillnet in inshore

waters was disentangled and released in

September of 1997.

Given that an annual serious injury

and mortality estimate related to the

North Carolina Inshore Gillnet Fishery

has not been calculated to date, the

stranding data (0.4 bottlenose dolphins

per year) was used as a minimum

estimate of annual serious injury and

mortality. Therefore, bottlenose dolphin

(WNA coastal stock) mortality and

serious injury from the North Carolina

Inshore Gillnet Fishery is estimated to

be between 1 percent and 50 percent of

the PBR level (25), placing this fishery

in Category II.

Other inshore gillnet fisheries in the

Mid-Atlantic will be re-evaluated in a

future LOF cycle for consistency with

the changes proposed this year.

Southeast Atlantic Gillnet Fishery

NMFS proposes to include all

southeast Atlantic gillnet fisheries

(excluding the separate Category II

Southeastern U.S. Atlantic Shark Gillnet

Fishery) into one gillnet fishery

complex named the Southeast Atlantic

Gillnet Fishery for two reasons: (1) New

information indicates a more extensive

use of stab nets (i.e., sink gillnets) in the

fishery for coastal migratory pelagics

than was previously known, and (2) the

Florida net ban has resulted in the

redistribution of effort from state gillnet

fisheries (e.g., for pompano, spot,

croaker) into Federal waters. The

Florida East Coast Pelagics King and

Spanish Mackerel Gillnet Fisheries are

included in this proposed new fishery.

Gillnet fishing for shad in the southeast

would also be included in this proposed

fishery (see proposal for Gulf of Maine,

Southeast U.S. Atlantic Coastal Shad,

Sturgeon Gillnet Fishery). There are

approximately 640 participants in this

fishery: 279 participants gillnetting for

various target species in the southeast

Atlantic, and 361 participants from the

Southeast shad component of the Gulf

of Mexico, Southeast, U.S. Atlantic

Coastal Shad, Sturgeon Gillnet Fishery.

This number includes recreational

fishermen who have a South Carolina

commercial shad license. Presently, it is

not possible to determine the number of

recreational versus commercial fishers

who have a commercial shad license.

NMFS will revise the number of

participants to exclude recreational

fishermen in a future LOF cycle if the

information necessary to do this

becomes available.

Based on analogy with other gillnet

fisheries, the ASRG recommendation

that NMFS elevate all gillnet fisheries to

at least Category II (unless evidence to

the contrary is available), and a review

of stranding records from 1994-1998,

NMFS proposes to place this fishery in

Category II. The marine mammal species

and stock incidentally injured and

killed is bottlenose dolphin (WNA

coastal stock). The tier analysis

justifying this change follows:

Tier 1 Evaluation: Incidental mortality

and serious injury across all fisheries for

bottlenose dolphin (WNA coastal stock)

is greater than 10 percent of the PBR

level (25). This fishery is thus subject to

Tier 2 analysis.

Tier 2 Evaluation: Between 1994 and

1998, 44 bottlenose dolphins that died

as a result of fishery interactions were

recovered by stranding network

members in South Carolina, Georgia,

and the Atlantic coast of Florida. Of

these, five carcasses (1 dolphin per year

on average) bore evidence of a possible

gillnet interaction (attached gillnet and

net marks).

Given that an annual serious injury

and mortality estimate related to the

Southeast Atlantic Gillnet Fishery has

not been calculated to date, the

stranding data (one bottlenose dolphin

per year) was used as a minimum

estimate of annual serious injury and

mortality. Therefore, bottlenose dolphin

(WNA coastal stock) mortality and

serious injury from the Southeast

Atlantic Gillnet Fishery is estimated to

be between 1 percent and 50 percent of

the PBR level (25), placing this fishery

in Category II. Fisheries Added to the

LOF

Alaska Herring Spawn On Kelp Pound

Net Fishery

NMFS proposes to add the Alaska

Herring Spawn on Kelp Pound Net

Fishery to the LOF as a Category III

6552 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

fishery. This fishery would include

fisheries of Southeast Alaska and Prince

William Sound. These fisheries were

previously on the LOF as Category III

fisheries, but they had become inactive

and were removed in 1993. These

fisheries have become active again.

Alaska Snail Pot Fishery

NMFS proposes to add the AK Snail

Pot Fishery to the LOF as a Category III

fishery. This small fishery targets three

species of sea snails in the Bering Sea

(typically north and west of the Pribilof

Islands), using extremely small pots

(less than 18 inches (45.7 cm) across).

This is an extremely temporary and

opportunistic fishery, typically

occurring after the opilio crab fishery.

Activity in the fishery is completely

market driven, and while there were

four permits fished in 1997, in 1998

there were no landings. According to

Alaska Department of Fish and Game, it

would not be impossible, but extremely

unlikely for a marine mammal to get

entangled in this gear. The fishery was

observed for crab bycatch, and

subsequently has been exempted from

observer coverage since none was

found. All other pot fisheries in AK are

currently Category III fisheries.

California Longline Fishery

NMFS proposes to add the California

Longline Fishery to the LOF as a

Category II fishery. This fishery is

directed primarily towards swordfish

caught outside of the U.S. EEZ off of

California. Longline vessels unloading

their catch in California ports are

required to fish outside of the U.S. EEZ

and have a California state commercial

fishing license. Currently,

approximately 40 to 50 longline vessels

unload in California. Traditionally,

many of these vessels landed in Hawaii,

but closures around the Hawaiian

Islands have moved fishing effort farther

east, and as a result some longline

vessels now land in California. The

California longline fishery is currently

not covered by a fishery management

plan (FMP), nor is it subject to any

requirements to carry observers.

However, the Pacific Fishery

Management Council is in the process of

developing a pelagic FMP that will

include the California longline fishery.

The FMP is expected to be finalized in

2002.

Preliminary catch data has been

compiled for the California longline

fishery from skipper logbooks, dated

between August 1, 1995 and December

31, 1999. The logbooks do not report

any whale or dolphin interactions, but

do show interactions with California sea

lions and a Hawaiian monk seal.

However, because the California

longline fishery does not operate in the

same area that Hawaiian monk seals

occur, NMFS believes the Hawaiian

monk seal identification may be

incorrect. Regardless, the gear and

methods of fishing by the California

longline fishery are similar to those of

the Hawaiian longline fishery.

Therefore, NMFS expects that the

California Longline Fishery will

occasionally interact with marine

mammals. For this reason, this fishery is

proposed to be added to the LOF as a

Category II fishery. The categorization of

this fishery in Category II is consistent

with the way NMFS has addressed other

U.S. pelagic longline fisheries, all of

which are Category I or II.

Caribbean Gillnet Fishery

NMFS proposes to add the Caribbean

Gillnet Fishery to the LOF as a Category

III fishery. NMFS is currently examining

this fishery, and will determine in a

future LOF if a Category II designation

is more appropriate. The marine

mammal species and stocks incidentally

injured and killed include dwarf sperm

whales (WNA stock) and West Indian

manatees (Antillean stock). During the

last 10 years, the Caribbean stranding

network has recorded a gillnet

interaction with a dwarf sperm whale

from the Western North Atlantic stock.

During the last 20 years, West Indian

manatees have interacted with gillnet

gear in the Caribbean. There are 991

gillnet (including trammel net) fishers

in Puerto Rico. The number of

participants in the U.S. Virgin Islands is

unknown.

Caribbean Mixed Species Trap/Pot

Fishery

Mixed species trap/pot fisheries exist

in the Caribbean but were omitted from

past LOFs. NMFS proposes to add the

Caribbean Mixed Species Trap/Pot

Fishery to the LOF as a Category III

fishery. There are 501 mixed species

trap/pot fishers in Puerto Rico. The

number of participants in the U.S.

Virgin Islands is unknown. NMFS is

presently evaluating this fishery to

determine if any species and stocks of

marine mammals are incidentally

injured and killed.

Gulf of Mexico Haul/Beach Seine

Fishery

The Gulf of Mexico Haul/Beach Seine

Fishery was omitted from past LOFs.

NMFS proposes to add this fishery to

the LOF as a Category III fishery. NMFS

believes the specific gear configuration

used and operational practices

employed (i.e short soak times) warrant

a Category III designation for this

fishery. At present, no marine mammal

interactions are documented.

Gulf of Mexico Mixed Species Trap/Pot

Fishery

Mixed species trap/pot fisheries exist

in the Gulf of Mexico, but were omitted

from past LOFs. NMFS proposes to add

the Gulf of Mexico Mixed Species Trap/

Pot Fishery to the LOF as a Category III

fishery. NMFS is evaluating this fishery

to determine if any species and stocks

of marine mammals are incidentally

injured and killed and to determine the

number of participants in this fishery.

Gulf of Mexico Mixed Species Trawl

Fishery

The Gulf of Mexico Mixed Species

Trawl fishery was omitted from

previous LOFs. NMFS proposes to add

this fishery to the LOF as a Category III

fishery. The Gulf of Mexico Mixed

Species Trawl Fishery would

incorporate trawl fisheries occurring in

the southeast region that are not

currently in the LOF, which include a

periodic cannonball jellyfish trawl

fishery on the west coast of Florida, and

a mullet trawl fishery in the Gulf of

Mexico. NMFS estimates that 20 fishers

participate in this fishery.

Gulf of Mexico, Southeast Atlantic, MidAtlantic, and Caribbean Cast Net

Fishery

NMFS proposes to add the Gulf of

Mexico, Southeast Atlantic, MidAtlantic, and Caribbean Cast Net

Fishery to the LOF as a Category III

fishery. The southeast U.S. stranding

network reported two manatees (West

Indian, FL) entangled in cast nets,

although it is unknown whether these

nets were recreational or commercial.

Until NMFS can further evaluate the

gear types as well as the spatial and

temporal distribution of the commercial

fisheries NMFS cannot confirm manatee

interactions with this fishery. NMFS is

presently evaluating the number of

participants in the commercial sector.

Mid-Atlantic Pound Net Fishery

NMFS proposes to add the MidAtlantic Pound Net Fishery to the LOF.

Stranding data for 1993-1997 suggest

that this fishery has occasional takes of

coastal bottlenose dolphins. Stranding

network members who have observed

dolphin behavior around pound nets

report that dolphins play and feed

around pound nets and can become

entangled in the leader part of the nets.

The leader is a net that guides fish into

the pound net.

Data from the Chesapeake Bay suggest

that the likelihood of bottlenose

dolphins entanglement in pound net

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6553

2 From 1988-1994, 34 pound net trips, with 10-

20 sets per trip, were observed in northern and

southern Core Sound and southeastern Pamlico

Sound. During 1995-1997, pound net trips were

observed for over 13 weeks from September to

December, ranging from southern Core Sound to

eastern Albemarle Sound in 1995, and from

southern Core Sound to central Pamlico Sound in

1996 and 1997.

There were 1,084 observed sets in 1995 (10

percent of pound nets set were sampled each week

as determined by weekly aerial surveys flown to

quantify pound net effort), 1,084 in 1996 (20

percent of pound nets set were sampled each week),

and 1,162 in 1997 (11 percent of pound nets set

were sampled each week). During 1998 and 1999

approximately 156 pound net observations occurred

from June-August in the northern Core Sound each

year, with moderate effort during the fall of 1998

and light effort during the fall of 1999.

leads may be affected by the mesh size

of the lead net (Bellmund, et al., 1997),

but the information is not conclusive. A

study conducted by the NMFS Beaufort

Lab from 1988 to 1999 observing pound

nets to study sea turtles resulted in no

observations of bottlenose dolphin

entanglements in the small mesh leader

fishery (stretch mesh leader/lines ≤8

inches (20.3 cm)).2 On each observed

set, leaders were examined from the

water’s surface by boat. No bottlenose

dolphin entanglements were observed.

NMFS requests public comment on the

issue of whether different mesh sizes

used in pound net leads would result in

differential bycatch rates of bottlenose

dolphins or any other marine mammal

stock.

NMFS proposes to specify the

northern boundary of the Mid-Atlantic

Pound Net fishery based on bottlenose

dolphin distribution and the southern

boundary as the North Carolina/South

Carolina border. NMFS will revisit this

gear type and similar gear types (e.g.,

staked traps, weirs) in a future LOF. The

names ‘‘staked traps’’ and ‘‘weirs’’ are

used interchangeably with ‘‘pound

nets’’ and are fished as far north as

Maine. NMFS has not yet analyzed all

data on marine mammal interactions or

fishing effort for this fishery complex

and are therefore not prepared to

propose a comprehensive change at this

time.

NMFS proposes to classify the MidAtlantic Pound Net Fishery as a

Category II fishery. There are 438

participants in the Mid-Atlantic Pound

Net Fishery. Marine mammal species

and stocks incidentally injured and

killed include bottlenose dolphin (WNA

coastal stock). The tier analysis

justifying this classification follows:

Tier 1 Evaluation: Stranding data for

1993-1997 documents interactions

between the Western North Atlantic

Coastal stock of bottlenose dolphin and

the Mid-Atlantic Pound Net Fishery.

According to data presented in the draft

2000 SAR for 1996-1998, annual serious

injury and mortality across all fisheries

for bottlenose dolphin (WNA coastal

stock) exceeds 10 percent of the PBR

level (25). Therefore, this fishery is

subject to Tier 2 analysis.

Tier 2 Evaluation: Two bottlenose

dolphin carcasses were found entangled

in the leads of pound nets in Virginia

during 1993-1997, for an average of 0.4

bottlenose dolphin strandings per year.

A third record of an entangled

bottlenose dolphin in Virginia in 1997

may have been applicable to this

fishery. This entanglement involved a

bottlenose dolphin carcass found near a

pound net with twisted line marks

consistent with the twine in the nearby

pound net lead rather than with

monofilament gillnet gear.

Given that other sources of annual

serious injury and mortality estimates

(e.g., observer data) related to the MidAtlantic Pound Net Fishery are not

available, the stranding data (0.4

bottlenose dolphins per year) were used

as a minimum estimate of annual

serious injury and mortality. Therefore,

bottlenose dolphin mortality and

serious injury from the Mid-Atlantic

Pound Net Fishery is estimated to be

between 1 percent and 50 percent of the

PBR level (25) for the Western North

Atlantic Coastal stock of bottlenose

dolphins, placing this fishery in

Category II.

North Carolina Long Haul Seine Fishery

NMFS proposes to add the North

Carolina Long Haul Seine Fishery to

Category II and separate this fishery

from the Mid-Atlantic Haul/Beach Seine

Fishery (see Other Proposed Changes to

the List of Fisheries section for a

definition of this fishery). According to

the North Carolina Division of Marine

Fisheries gear description, this fishery is

defined as a multi-filament seine pulled

by two boats for a distance of up to

several miles. Fish are encircled and

concentrated by pulling the net around

a fixed stake. There are currently 33

participants in the North Carolina Long

Haul Seine Fishery.

The marine mammal stranding

network has recorded interactions

between multi-filament gear types and

bottlenose dolphins (WNA coastal

stock). For one of these interactions,

long haul seines were specifically

implicated as the probable source of

interaction. In addition, a stranding

network representative observed the live

release of three bottlenose dolphins

from a long haul seine. These

observations support the decision to

place this fishery in Category II until

NMFS has more data with which to

support another classification.

Northeast Drift Gillnet Fishery

NMFS proposes to add the Northeast

Drift Gillnet Fishery to the LOF as a

Category II fishery to ensure that drift

gillnet fisheries for species other than

large pelagics are included in the LOF.

Based on analogy with other gillnet

fisheries, the Atlantic SRG

recommended that NMFS place gillnet

fisheries in Category II (unless evidence

to the contrary is available).

Currently there is no listing for this

type of gear in the Northeast. For the

purposes of the LOF, drift gillnet, or

driftnet, gear is gillnet gear that is freefloating on both ends or is free-floating

on one end and attached to the vessel

on the other end. Driftnet gear is not

anchored to the bottom. In addition,

fishing with drift gillnet gear of mesh

size smaller than those typically used to

target large pelagic species has been

recorded for several finfish species, and

this fishing effort occurring in the

Northeast is currently not represented

on the LOF.

The proposed Northeast Drift Gillnet

Fishery would include all fishing with

drift gillnet gear, regardless of target

species or depth of the water column.

The geographic boundaries for the

proposed Northeast Drift Gillnet Fishery

would extend from the U.S./Canadian

border south to 72°30’ W. longitude, and

continue south from the south shore of

Long Island, New York. The Northeast

Drift Gillnet Fishery would not include

any sink gillnet fishing occurring in the

areas listed as Category III inshore

gillnet fisheries.

Northeast Trap/Pot Fishery

NMFS has documented entanglement

of whales, pinnipeds, and small

cetaceans in fixed gear, although the

gear involved in whale entanglements

often cannot be attributed to a specific

fishery. However, both lobster pot gear

and sink gillnet gear have been

identified in whale entanglements.

Whales primarily become entangled in

the vertical components of the gear (e.g.,

buoy lines), although entanglement also

occurs in the horizontal components of

the gear (e.g., gillnet panels, lobster pot

groundlines). Small cetaceans and

pinnipeds become entangled in net

panels of fixed gear, and occasionally in

buoy lines (small cetaceans) and traps

(pinnipeds). The Gulf of Maine/U.S.

Mid-Atlantic Lobster Trap/Pot Fishery

(proposed to be renamed the Northeast/

Mid-Atlantic American Lobster Trap/

Pot Fishery) was elevated to Category I

in the 1997 LOF because of evidence of

incidental take resulting in serious

injury and mortality of right whales.

6554 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

Several other fixed gear fisheries in

the Northeast use gear components

similar to those used in the Lobster and

Blue Crab Trap/Pot fisheries and,

therefore, may take marine mammals if

fishing effort overlaps marine mammal

distribution. The majority of records of

entanglements in fixed gear cannot be

attributed to a specific fishery; therefore,

NMFS cannot conclude that

entanglement of marine mammals in

trap/pot fisheries other than lobster and

blue crab trap/pot gear is not occurring.

Trap/pot gear is generally fished

either as single pots with one buoy line

or as strings of pots with one or more

buoy lines. In a time/area used by

marine mammals, there may be virtually

no difference in the potential for buoy

line entanglement between similar gear

components in different fisheries.

Groundlines, which are known to

entangle whales, are used for multi-pot

trawls in several trap/pot fisheries.

Furthermore, several trap/pot fisheries

have developed in the Northeast that are

not represented on the current LOF,

including the hagfish, red crab, stone

crab, and jonah crab fisheries. The

hagfish pot fishery sets strings of hagfish

barrels in known high-use areas for

whales. A finback whale was entangled

in hagfish gear in 1997. Entanglements

in red crab gear have not been recorded

in U.S. waters, but the gear is fished in

whale habitat, and entanglements of

right and humpback whales in red crab

gear have been recorded in Canadian

waters in recent years.

These other trap/pot fisheries may

occasionally result in serious injury and

mortality to marine mammals.

Therefore, NMFS proposes to reclassify

these fisheries based on analogy with

the lobster trap/pot fishery. However,

NMFS does not believe that the rate of

incidental serious injury/mortality in

non-lobster trap/pot fisheries would be

at the Category I level, specifically

because there are far fewer participants

than in the lobster fishery. Therefore,

NMFS proposes to reclassify the other

trap/pot fisheries as Category II.

NMFS proposes to name this fishery

the Northeast Trap/Pot Fishery. The

Northeast Trap/Pot Fishery would

extend from the U.S./Canadian border

down to the 72°30’ W. line, and

continue south from the south shore of

Long Island, New York to a line

extending due east from the Virginia/

North Carolina border. The other trap/

pot fisheries in the Mid-Atlantic will be

re-evaluated in a future LOF cycle for

consistency with the changes proposed

this year.

Southeastern U.S. Atlantic, Gulf of

Mexico Golden Crab Trap/Pot Fishery

The Southeastern U.S. Atlantic, Gulf

of Mexico Golden Crab Trap/Pot Fishery

was omitted from past LOFs. NMFS

proposes to add this fishery to the LOF

as a category III fishery. NMFS has no

documentation of any marine mammal

species and stocks incidentally injured

and killed in this fishery. The gear

rarely uses buoy lines to the surface,

and therefore NMFS believes it is

unlikely to result in entanglement.

There are 10 participants in this fishery.

Southeastern U.S. Atlantic, Gulf of

Mexico Stone Crab Trap/Pot Fishery

The Southeastern U.S. Atlantic, Gulf

of Mexico Stone Crab Trap/Pot Fishery

was omitted from past LOFs. NMFS

proposes to add this fishery to the LOF

as a category III fishery. The southeast

U.S. stranding network has reported one

bottlenose dolphin entangled in this

fishery in 1998. Marine mammal species

and stocks incidentally injured and

killed in this fishery include bottlenose

dolphin (Eastern Gulf of Mexico coastal

stock). There are 4,453 participants in

this fishery.

Fisheries Removed from the LOF

Atlantic Ocean, Caribbean, Gulf of

Mexico Large Pelagics Drift Gillnet

Fishery

NMFS proposes to remove this fishery

from the LOF because NMFS regulations

now prohibit this as a gear type for the

swordfish and tuna component of this

fishery. Any drift gillnet fisheries that

do occur would be incorporated into the

existing and proposed LOF gillnet

listings.

Organizational Changes to the LOF

AK Clam Fishery

NMFS proposes to combine the AK

Clam Hand Shovel and the AK Clam

Mechanical/Hydraulic Fisheries into

one AK Clam Fishery. The new fishery

designation would include participants

in the southeast AK Geoduck Dive

Fishery, which are currently considered

part of the AK Urchin and Other Fish/

Shellfish Fishery. Since each of these

fisheries is currently in Category III,

NMFS proposes that the new AK Clam

Fishery also be in Category III.

AK Southern Bering Sea, Aleutian

Islands, and Western Gulf of Alaska

Sablefish Longline/Set Line (Federally

Regulated Waters)

NMFS proposes to change the names

of several AK longline/set line fisheries

to make the names of these fisheries in

the LOF consistent with the way these

fisheries are addressed in the SARs.

NMFS proposes to split the AK

Southern Bering Sea, Aleutian Islands,

and Western Gulf of Alaska Sablefish

Longline/Set Line (federally regulated

waters) into the AK Bering Sea, Aleutian

Islands Groundfish Longline/Set Line

(federally regulated waters, including

miscellaneous finfish and sablefish), the

AK Gulf of Alaska Groundfish Longline/

Set Line (federally regulated waters,

including miscellaneous finfish and

sablefish), and the AK State-Managed

Waters, Groundfish Longline/Set Line

(including sablefish, rockfish, and

miscellaneous finfish) Fisheries. The

AK State Waters Sablefish Longline/Set

Line and AK Miscellaneous Finfish/

Groundfish Longline/Set Line Fisheries

would be incorporated appropriately

into the three new fisheries. These

changes would make the LOF directly

comparable with the SARs and observer

data for these longline fisheries.

Bluefish, Croaker, Flounder Trawl

Fishery

NMFS proposes to combine the

Bluefish, Croaker, Flounder Trawl

Fishery into the Mid-Atlantic Mixed

Species Trawl Fishery. The Bluefish,

Croaker, Flounder Trawl Fishery may

consist of at least two separate fisheries,

and although bluefish, croaker, and

flounder are often caught, they may not

always be the target species. Therefore,

placing this fishery into the broader

Mid-Atlantic Mixed Species Trawl

Fishery will ensure that this fishing

activity is covered by the LOF. The 550

participants currently listed in the

Bluefish, Croaker, Flounder Trawl

Fishery may already be reflected in the

number of participants for the MidAtlantic Mixed Species Trawl Fishery.

NMFS will evaluate the number of

participants in these fisheries and

provide an update in future LOFs.

Caribbean Haul/Beach Seine Fishery

NMFS proposes to combine the

Caribbean Haul Seine and Caribbean

Beach Seine fisheries into one fishery

called the Caribbean Haul/Beach Seine

Fishery. Marine mammal species and

stocks incidentally injured and killed

include the West Indian manatee

Antillean stock. The Florida stock of

West Indian manatee was incorrectly

listed as interacting with this fishery in

past LOFs.

Gulf of Maine, Southeast U.S. Atlantic

Coastal Shad, Sturgeon Gillnet Fishery

Sturgeon is now a prohibited species

in both state and Federal waters.

Therefore, NMFS proposes to remove

this Category III fishery from the LOF to

reflect these changes.

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6555

Gillnet fishing for shad in the

Southeast is included in the proposed

Category II Southeast Atlantic Gillnet

Fishery. Gillnet fishing for shad in the

Northeast is included in the Northeast

Sink Gillnet Fishery, the Northeast

Anchored Pelagic Gillnet Fishery, and/

or the Northeast Drift Gillnet Fishery,

depending on the type of gear used.

Gillnet fishing for shad in the MidAtlantic (i.e., the 73o30’ W line to the

North Carolina/South Carolina border)

is included in the U.S. Mid-Atlantic

Coastal Gillnet Fishery (57 FR 20328,

May 12, 1992).

Gulf of Maine, U.S. Mid-Atlantic Mixed

Species Trap/Pot Fishery

NMFS proposes to separate the Gulf

of Maine, U.S. Mid-Atlantic Mixed

Species Trap/Pot Fisheries into two

separate listings: the Northeast Trap/Pot

Fishery and the Mid-Atlantic Mixed

Species Trap/Pot Fishery. The marine

mammal species and stocks incidentally

injured and killed in the Mid-Atlantic

Mixed Species Trap/Pot Fishery include

the humpback whale (Gulf of Maine

stock), minke whale (Canadian east

coast stock), and harbor porpoise (Gulf

of Maine/Bay of Fundy stock).

Additional information on the Northeast

Trap/Pot Fishery is described later in

this preamble. NMFS is presently

evaluating the Mid-Atlantic Mixed

Species Trap/Pot Fishery to determine

the target species and number of

participants. NMFS will evaluate this

fishery in a future LOF for consistency

with the Northeast Trap/Pot Fishery.

Southeastern U.S. Atlantic, Gulf of

Mexico, Caribbean Spiny Lobster Trap/

Pot Fishery

NMFS proposes to divide the

Southeastern U.S. Atlantic, Gulf of

Mexico, Caribbean Spiny Lobster Trap/

Pot Fishery into two separate fisheries:

the Florida Spiny Lobster Trap/Pot

Fishery and the Caribbean Spiny

Lobster Trap/Pot Fishery.

Marine mammal species and stocks

incidentally injured and killed in the

Florida Spiny Lobster Fishery include

the West Indian manatee (FL stock) and

bottlenose dolphin (WNA coastal stock).

This fishery occurs off of Florida in the

Southeastern U.S. Atlantic and Gulf of

Mexico. NMFS is currently evaluating

the number of participants in the

Florida spiny lobster fishery.

There are no known marine mammal

species and stocks incidentally injured

and killed as a result of the Caribbean

Spiny Lobster Fishery. There are 197

participants in this fishery in Puerto

Rico. The number of participants in the

U.S. Virgin Islands is unknown.

Name Changes to Fisheries in the LOF

AK Octopus/Squid Pot Fishery

The LOF previously included a listing

for the AK Octopus/Squid ‘‘Other’’

Fishery. Although this fishery originally

included several gear types (dive gear,

hand pick, mechanical jigging, and pot),

only the pot fishery is currently active.

As a result, NMFS proposes to change

the name to the AK Octopus/Squid Pot

Fishery and list this fishery with the

other Category III pot fisheries.

AK Southeast Alaska Herring Food/Bait

Pound Net Fishery

The name of the AK Southeast Alaska

Herring Food/Bait Pound Net Fishery is

changed to the AK Southeast Herring

Roe/Food/Bait Pound Net Fishery.

Gulf of Maine Small Pelagics Surface

Gillnet Fishery

NMFS proposes to change the name of

the Category II Gulf of Maine Small

Pelagics Surface Gillnet Fishery to the

Northeast Anchored Pelagic Gillnet

Fishery to include anchored pelagic

gillnet effort in other parts of the

Northeast and for species other than

small pelagics in the LOF. The

Northeast Anchored Pelagic Gillnet

Fishery would include the use of gillnet

gear of any size and for any target

species that is anchored and fished in

the upper two thirds of the water

column. The geographic boundaries for

the proposed Northeast Anchored

Pelagic Gillnet Fishery would extend

from the U.S./Canadian border to 72°30’

W. longitude, and continue south from

the south shore of Long Island, New

York. The Northeast Anchored Pelagic

Gillnet Fishery would not include any

sink gillnet fishing occurring in the

areas listed as Category III inshore

gillnet fisheries.

Gulf of Maine/U.S. Mid-Atlantic Lobster

Trap/Pot Fishery

NMFS proposes to change the name of

this fishery from the Gulf of Maine/U.S.

Mid-Atlantic Lobster Trap/Pot Fishery

to the Northeast/Mid-Atlantic American

Lobster Trap/Pot Fishery to reflect the

distinction between the American

Lobster Fishery and the Spiny Lobster

Fishery. The new name is also intended

to clarify that fishing in other areas of

the Northeast, for example offshore

areas that might not be considered part

of the Gulf of Maine, are included in the

LOF.

Mid-Atlantic Haul Seine Fishery

The name of the Mid-Atlantic Haul

Seine fishery is changed to the MidAtlantic Haul/Beach Seine fishery for

clarity. This fishery includes seines

where one end is secured (e.g., swipe

net, long seine) as well as seines that

may be secured at both ends and hauled

up on the beach.

Mid-Atlantic Mixed Species Stop/Seine/

Weir Fishery

The U.S. Mid-Atlantic Mixed Species

Stop/Seine/Weir Fishery is changed to

the U.S. Mid-Atlantic Mixed Species

Stop Seine/Weir Fishery to be

consistent with the category title for this

fishery.

Mid-Atlantic, Southeastern U.S.

Atlantic, Gulf of Mexico Shrimp Trawl

Fishery

The Mid-Atlantic component of the

Mid-Atlantic, Southeastern U.S.

Atlantic, Gulf of Mexico Shrimp Trawl

Fishery is removed, and the name

changed to the Southeastern U.S.

Atlantic, Gulf of Mexico Shrimp Trawl

Fishery. The new name reflects that this

fishery operates from North Carolina

into the Gulf of Mexico.

Southeast AK Salmon Drift Gillnet

The name of the Southeast AK

Salmon Drift Gillnet Fishery is changed

to the AK Southeast Salmon Drift

Gillnet Fishery.

Southeastern U.S. Atlantic, Gulf of

Mexico, and Caribbean SnapperGrouper and Other Reef Fish Bottom

Longline/Hook-and-Line Fishery

NMFS proposes to revise the name of

the Southeastern U.S. Atlantic, Gulf of

Mexico Snapper-Grouper and Other

Reef Fish Bottom Longline/Hook-andLine Fishery to include the Caribbean.

There are 1,349 bottom longline/hookand-line fishers in Puerto Rico. The

number of participants in the U.S.

Virgin Islands is unknown.

Southeastern U.S. Atlantic, Caribbean

Haul Seine Fishery

The name of the Southeastern U.S.

Atlantic, Caribbean Haul Seine Fishery

is changed to the Southeastern U.S.

Atlantic Haul/Beach Seine Fishery.

Other Proposed Changes or

Clarifications to the LOF

Atlantic Ocean, Caribbean, Gulf of

Mexico Large Pelagics Longline Fishery

The estimated number of participants

in the Atlantic Ocean, Caribbean, Gulf

of Mexico Large Pelagics Longline

Fishery is updated to 443. This

represents the number of permits

issued, not active participants.

Calico Scallops Trawl Fishery

The estimated number of participants

in the Calico Scallops Trawl Fishery is

updated to 12.

6556 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

Category II Haul Seine Fisheries

The name of the Haul Seine Fisheries

title is changed to Haul/Beach Seine

Fisheries for clarity.

Category III Haul Seine

The name of the Haul Seine Fisheries

title under Category III is changed to

Haul/Beach Seine Fisheries and the

Beach Seine Fisheries title is removed

for clarity. The Caribbean Beach Seine

Fishery is changed to the Caribbean

Haul/Beach Seine Fishery and included

in the new category.

Mid-Atlantic Menhaden Purse Seine

The list of marine mammal species

and stocks incidentally injured and

killed in the Mid-Atlantic Menhaden

Purse Seine Fishery is updated to reflect

a fisher report of a humpback whale

becoming entangled in the purse seine

net, which was subsequently released

alive.

Northeast Sink Gillnet Fishery

NMFS is not proposing to change the

definition or categorization of this

fishery, but provides the following

explanation for clarification and

comparison with fisheries for which

changes are proposed. The Northeast

Sink Gillnet Fishery is retained in

Category I with the current geographic

boundaries defining this fishery. The

Northeast Sink Gillnet Fishery

continues to include all fishing with

sink gillnet gear, regardless of target

species, from the U.S./Canadian border

to 72°30’ W. longitude, and continuing

south from the south shore of Long

Island, New York. To differentiate from

other LOF gillnet listings, sink gillnet

gear is considered to be anchored gillnet

gear fished in the lower third of the

water column. The Northeast Sink

Gillnet Fishery would not include any

sink gillnet fishing occurring in the

areas listed as Category III inshore

gillnet fisheries.

Southeastern U.S. Atlantic Shark Gillnet

Fishery

The list of marine mammal species

and stocks incidentally injured and

killed in the Southeastern U.S. Atlantic

Shark Gillnet Fishery is updated to

reflect an Atlantic spotted dolphin that

was reported incidentally taken and

released alive.

Southeastern U.S. Stranding Data

Review

The Southeast Fisheries Science

Center is presently conducting a

comprehensive review of all stranding

records and if there are any changes in

these estimates they will be listed in a

subsequent LOF. At this time, the

estimates of incidental mortality and

serious injury presented in this

proposed LOF are considered minimum.

References

Bellmund, S.A., Musick, J.A., Klinger,

R.C., Byles, R.A., Keinath, J.A., and

Barnard, D.E. 1997. Ecology of Sea

Turtles in Virginia. Final Report to

National Marine Fisheries Service

Northeast Region. Contract number

NA80FAC-00004. Virginia Institute of

Marine Science, Gloucester Point,

Virginia.

List of Fisheries

The following two tables list U.S.

commercial fisheries according to their

assigned categories under section 118 of

the MMPA including proposed changes.

The estimated number of vessels/

participants is expressed in terms of the

number of active participants in the

fishery, when possible. If this

information is not available, the

estimated number of vessels or persons

licensed for a particular fishery is

provided. If no recent information is

available on the number of participants

in a fishery, the number from the 1996

LOF is used.

The tables also list the marine

mammal species and stocks that are

incidentally killed or injured in each

fishery based on observer data, logbook

data, stranding reports, and fishers’

reports. This list includes all species or

stocks known to incur injury or

mortality in a given fishery. However,

not all species or stocks identified are

necessarily independently responsible

for a fishery’s categorization. There are

a few fisheries that are in Category II

that have no recently documented

interactions with marine mammals.

Justifications for placement of these

fisheries are by analogy to other gear

types that are known to injure or kill

marine mammals, as discussed in the

final LOF for 1996 (60 FR 45086,

December 28, 1995).

Commercial fisheries in the Pacific

Ocean (including Alaska) are included

in Table 2; commercial fisheries in the

Atlantic Ocean, Gulf of Mexico, and

Caribbean are included in Table 3. An

asterisk (*) indicates that the stock is a

strategic stock; a plus (+) indicates that

the stock is listed as threatened or

endangered under the Endangered

Species Act.

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6557

TABLE 2.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Fishery Description Estimated no. of

vessels/persons

Marine mammal species and stocks incidentally killed/

injured

Category I

GILLNET FISHERIES:

CA angel shark/halibut and other species large mesh (>3.5in) set

gillnet.

58 Harbor porpoise, central CA

Common dolphin, short-beaked, CA/OR/WA

Common dolphin, long-beaked CA

California sea lion, U.S. Harbor seal, CA

Northern elephant seal, CA breeding Sea otter, CA

CA/OR thresher shark/swordfish drift gillnet ..................................... 130 Steller sea lion, Eastern U.S.*+

Sperm whale, CA/OR/WA*+

Dall’s porpoise, CA/OR/WA

Pacific white sided dolphin, CA/OR/WA

Risso’s dolphin, CA/OR/WA

Bottlenose dolphin, CA/OR/WA offshore

Short-beaked common dolphin CA/OR/WA

Long-beaked common dolphin CA/OR/WA

Northern right whale dolphin, CA/OR/WA

Short-finned pilot whale, CA/OR/WA*

Baird’s beaked whale, CA/OR/WA

Mesoplodont beaked whale, CA/OR/WA

Cuvier’s beaked whale, CA/OR/WA

Pygmy sperm whale, CA/OR/WA

California sea lion, U.S.

Northern elephant seal, CA breeding Humpback

whale, CA/OR/WA-Mexico*

Minke whale, CA/OR/WA

Striped dolphin, CA/OR/WA

Killer whale, CA/OR/WA Pacific coast

Northern fur seal, San Miguel Island

Category II

GILLNET FISHERIES:

AK Bristol Bay salmon drift gillnet ..................................................... 1,903 Steller sea lion, Western U.S.*+

Northern fur seal, Eastern Pacific*

Harbor seal, Bering Sea

Beluga whale, Bristol Bay

Gray whale, Eastern north Pacific

Spotted seal, AK

Pacific white-sided dolphin, North Pacific

AK Bristol Bay salmon set gillnet ...................................................... 1,014 Harbor seal, Bering Sea

Beluga whale, Bristol Bay

Gray whale, Eastern North Pacific

Northern fur seal, Eastern Pacific*

Spotted seal, AK

AK Cook Inlet salmon drift gillnet ...................................................... 576 Steller sea lion, Western U.S.*+

Harbor seal, GOA

Harbor porpoise, GOA

Dall’s porpoise, AK

Beluga whale, Cook Inlet*+

AK Cook Inlet salmon set gillnet ....................................................... 745 Steller sea lion, Western U.S.*+

Harbor seal, GOA

Harbor porpoise, GOA

Dall’s porpoise, AK

Beluga whale, Cook Inlet*+

AK Kodiak salmon set gillnet ............................................................ 188 Harbor seal, GOA

Harbor porpoise, GOA

Sea otter, AK

AK Metlakatla/Annette Island salmon drift gillnet .............................. 60 None documented

AK Peninsula/Aleutian Islands salmon drift gillnet ............................ 164 Northern fur seal, Eastern Pacific*

Harbor seal, GOA

Harbor porpoise, Bering Sea

Dall’s porpoise, AK

AK Peninsula/Aleutian Islands salmon set gillnet ............................. 116 Steller sea lion, Western U.S.*+

Harbor porpoise, Bering Sea

6558 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

TABLE 2.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Fishery Description Estimated no. of

vessels/persons

Marine mammal species and stocks incidentally killed/

injured

AK Prince William Sound salmon drift gillnet .................................... 541 Steller sea lion, Western U.S.*+

Northern fur seal, Eastern Pacific*

Harbor seal, GOA

Pacific white-sided dolphin, North Pacific

Harbor porpoise, GOA

Dall’s porpoise, AK

Sea Otter, AK

AK Southeast salmon drift gillnet ...................................................... 481 Steller sea lion, Eastern U.S.*+

Harbor seal, Southeast AK

Pacific white-sided dolphin, North Pacific

Harbor porpoise, Southeast AK

Dall’s porpoise, AK

Humpback whale, central North Pacific*+

AK Yakutat salmon set gillnet ........................................................... 170 Harbor seal, Southeast AK

Gray whale, Eastern North Pacific

WA Puget Sound Region salmon drift gillnet (includes all inland

waters south of US-Canada border and eastward of the BonillaTatoosh line treaty Indian fishing is excluded).

725 Harbor porpoise, inland WA

Dall’s porpoise, CA/OR/WA

Harbor seal, WA inland

PURSE SEINE FISHERIES:

AK Southeast salmon purse seine .................................................... 416 Humpback whale, central North Pacific*+

CA anchovy, mackerel, tuna purse seine ......................................... 150 Bottlenose dolphin, CA/OR/WA offshore

California sea lion, U.S.

Harbor seal, CA

CA squid purse seine ........................................................................ 65 Short-finned pilot whale, CA/OR/WA*

TRAWL FISHERIES:

AK miscellaneous finfish pair trawl ................................................... 2 None documented

LONGLINE FISHERIES:

California longline .............................................................................. 45 California sea lion

HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic sharks

longline/set line.

140 Humpback whale, Central North Pacific*+

False killer whales, HI

Risso’s dolphin, HI

Bottlenose dolphin, HI

Spinner dolphin, HI

Short-finned pilot whale, HI

Sperm whale, HI

OR swordfish floating longline ........................................................... 2 None documented

OR blue shark floating longline ......................................................... 1 None documented

Category III

GILLNET FISHERIES:

AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet ..... 1,922 Harbor porpoise, Bering Sea

AK miscellaneous finfish set gillnet ................................................... 3 Steller sea lion, Western U.S.*+

AK Prince William Sound salmon set gillnet ..................................... 30 Steller sea lion, Western U.S.*+

Harbor seal, GOA

AK roe herring and food/bait herring gillnet ...................................... 2,034 None documented

CA set and drift gillnet fisheries that use a stretched mesh size of

3.5 in or less.

341 None documented

Hawaii gillnet ..................................................................................... 115 Bottlenose dolphin, HI

Spinner dolphin, HI

WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing).24 Harbor seal, OR/WA coast

WA, OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch,

rockfish gillnet.

913 None documented

WA, OR lower Columbia River (includes tributaries) drift gillnet ...... 110 California sea lion, U.S.

Harbor seal, OR/WA coast

WA Willapa Bay drift gillnet ............................................................... 82 Harbor seal, OR/WA coast Northern elephant seal, CA

breeding

PURSE SEINE, BEACH SEINE, ROUND HAUL AND THROW

NET FISHERIES:

AK Metlakatla salmon purse seine .................................................... 10 None documented

AK miscellaneous finfish beach seine ............................................... 1 None documented

AK miscellaneous finfish purse seine ............................................... 3 None documented

AK octopus/squid purse seine ........................................................... 2 None documented

AK roe herring and food/bait herring beach seine ............................ 8 None documented

AK roe herring and food/bait herring purse seine ............................. 624 None documented

AK salmon beach seine .................................................................... 34 None documented

AK salmon purse seine (except Southeast Alaska, which is in Category II).953 Harbor seal, GOA

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6559

TABLE 2.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Fishery Description Estimated no. of

vessels/persons

Marine mammal species and stocks incidentally killed/

injured

CA herring purse seine ..................................................................... 100 Bottlenose dolphin, CA coastal

California sea lion, U.S.

Harbor seal, CA

CA sardine purse seine ..................................................................... 120 None documented

HI opelu/akule net ............................................................................. 16 None documented

HI purse seine ................................................................................... 18 None documented

HI throw net, cast net ........................................................................ 47 None documented

WA (all species) beach seine or drag seine ..................................... 235 None documented

WA, OR herring, smelt, squid purse seine or lampara ..................... 130 None documented

WA salmon purse seine .................................................................... 440 None documented

WA salmon reef net 53 None documented

DIP NET FISHERIES:

CA squid dip net ................................................................................ 115 None documented

WA, OR smelt, herring dip net .......................................................... 119 None documented

MARINE AQUACULTURE FISHERIES:

CA salmon enhancement rearing pen .............................................. >1 None documented

OR salmon ranch .............................................................................. 1 None documented

WA, OR salmon net pens ................................................................. 14 California sea lion, U.S.

Harbor seal, WA inland waters

TROLL FISHERIES

AK north Pacific halibut, AK bottom fish, WA, OR, CA albacore,

groundfish, bottom fish, CA halibut non-salmonid troll fisheries.

1,530 (330 AK) None documented

AK salmon troll .................................................................................. 2,335 Steller sea lion, Western U.S.*+

Steller sea lion, Eastern U.S.*+

American Samoa tuna troll ................................................................ <50 None documented

CA/OR/WA salmon troll ..................................................................... 4,300 None documented

Commonwealth of the Northern Mariana Islands tuna troll .............. 50 None documented

Guam tuna troll .................................................................................. 50 None documented

HI net unclassified ............................................................................. 106 None documented

HI trolling, rod and reel ...................................................................... 1,795 None documented

LONGLINE/SET LINE FISHERIES:

HI trolling, rod and reel.

AK Bering Sea, Aleutian Islands groundfish longline/set line (federally regulated waters, including miscellaneous finfish and sablefish).115 Northern elephant seal, CA breeding

Killer whale, Eastern North Pacific resident

Killer whale, transient

Steller sea lion, Western U.S.*+

Pacific white-sided dolphin, North Pacific

Dall’s porpoise, AK

Harbor seal, Bering Sea

AK Gulf of Alaska groundfish longline/set line (federally regulated

waters, including miscellaneous finfish and sablefish).

867 Steller sea lion, Western U.S.*+

Harbor seal, Southeast AK

Northern elephant seal, CA breeding

AK halibut longline/set line (State and Federal waters) .................... 3,079 Steller sea lion, Western U.S.*+

AK octopus/squid longline ................................................................. 7 None documented

AK state-managed waters groundfish longline/setline (including sablefish, rockfish, and miscellaneous finfish).731 None documented

CA shark/bonito longline/set line ....................................................... 10 None documented

WA, OR, CA groundfish, bottomfish longline/set line ....................... 367 None documented

WA, OR North Pacific halibut longline/set line .................................. 350 None documented

TRAWL FISHERIES:

AK Bering Sea and Aleutian Islands Groundfish Trawl .................... 166 Steller sea lion, Western U.S.*+

Northern fur seal, Eastern pacific*

Killer whale, Eastern North Pacific resident

Killer whale, Eastern North Pacific transient

Pacific white sided dolphin, North Pacific

Harbor porpoise, Bering Sea

Harbor seal, Bering Sea

Harbor seal, GOA

Bearded seal, AK

Ringed seal, AK

Spotted seal, AK

Dall’s porpoise, AK

Ribbon seal, AK

Northern elephant seal, CA breeding

Sea otter, AK

Pacific walrus, AK

Humpback whale, Central North Pacific*+

Humpback whale, Western North Pacific*+

AK food/bait herring trawl .................................................................. 3 None documented

6560 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

TABLE 2.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Fishery Description Estimated no. of

vessels/persons

Marine mammal species and stocks incidentally killed/

injured

AK Gulf of Alaska groundfish trawl ................................................... 198 Steller sea lion, Western U.S.*+

Northern fur seal, Eastern Pacific*

Harbor seal, GOA Dall’s porpoise, AK

Northern elephant seal, CA breeding

Fin whale, Northeast Pacific

AK miscellaneous finfish otter or beam trawl .................................... 6 None documented

AK shrimp otter trawl and beam trawl (statewide and Cook Inlet) ... 58 None documented

AK state-managed waters of Cook Inlet, Kachemak Bay, Prince

William Sound, Southeast AK groundfish trawlWA, OR, CA

groundfish trawl.

2 None documented

WA, OR, CA groundfish trawl ........................................................... 585 Steller sea lion, Western U.S.*+

Northern fur seal, Eastern Pacific*

Pacific white-sided dolphin, central North Pacific

Dall’s porpoise, CA/OR/WA

California sea lion, U.S.

Harbor seal, OR/WA coast

WA, OR, CA shrimp trawl ................................................................. 300 None documented

POT, RING NET, AND TRAP FISHERIES:

AK Bering Sea, Gulf of Alaska finfish pot ......................................... 257 Harbor seal, GOA

Harbor seal, Bering Sea

Sea otter, AK

AK crustacean pot ............................................................................. 1,852 Harbor porpoise, Southeast AK

AK octopus/squid pot 72 None documented

AK snail pot ....................................................................................... 2 None documented

CA lobster, prawn, shrimp, rock crab, fish pot .................................. 608 Sea otter, CA

OR, CA hagfish pot or trap 25 None documented

WA, OR, CA crab pot ........................................................................ 1,478 None documented

WA, OR, CA sablefish pot ................................................................. 176 None documented

WA, OR shrimp pot & trap ................................................................ 254 None documented

HI crab trap ........................................................................................ 22 None documented

HI fish trap ......................................................................................... 19 None documented

HI lobster trap .................................................................................... 15 Hawaiian monk seal*+

HI shrimp trap .................................................................................... 5 None documented

HANDLINE AND JIG FISHERIES:

AK miscellaneous finfish handline and mechanical jig ..................... 100 None documented

AK North Pacific halibut handline and mechanical jig ...................... 93 None documented

AK octopus/squid handline ................................................................ 2 None documented

American Samoa bottomfish ............................................................. <50 None documented

Commonwealth of the Northern Mariana Islands bottomfish ............ <50 None documented

Guam bottomfish ............................................................................... <50 None documented

HI aku boat, pole and line ................................................................. 54 None documented

HI deep sea bottomfish ..................................................................... 434 Hawaiian monk seal*+

Hi inshore handline ............................................................................ 650 Bottlenose dolphin, HI

HI tuna ............................................................................................... 144 Rough-toothed dolphin, HI

Bottlenose dolphin, HI

Hawaiian monk seal*+

WA groundfish, bottomfish jig ........................................................... 679 None documented

HARPOON FISHERIES:

CA swordfish harpoon ....................................................................... 228 None documented

POUND NET/WEIR FISHERIES:

AK herring spawn on kelp pound net ................................................ 452 None documented

AK Southeast herring roe/food/bait pound net .................................. 3 None documented

WA herring brush weir ....................................................................... 1 None documented

BAIT PENS:

WA/OR/CA bait pens ......................................................................... 13 None documented

DREDGE FISHERIES:

Coastwide scallop dredge ................................................................. 108 (12 AK) None documented

DIVE, HAND/MECHANICAL COLLECTION FISHERIES:

AK abalone ........................................................................................ 1 None documented

AK clam ............................................................................................. 156 None documented

WA herring spawn on kelp ................................................................ 4 None documented

AK dungeness crab ........................................................................... 3 None documented

AK herring spawn on kelp ................................................................. 363 None documented

AK urchin and other fish/shellfish ...................................................... 471 None documented

CA abalone ........................................................................................ 111 None documented

CA sea urchin .................................................................................... 583 None documented

HI coral diving .................................................................................... 2 None documented

HI fish pond ....................................................................................... 10 None documented

HI handpick ........................................................................................ 135 None documented

HI lobster diving ................................................................................. 6 None documented

HI squiding, spear ............................................................................. 267 None documented

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6561

TABLE 2.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Fishery Description Estimated no. of

vessels/persons

Marine mammal species and stocks incidentally killed/

injured

WA, CA kelp ...................................................................................... 4 None documented

WA/OR sea urchin, other clam, octopus, oyster, sea cucumber,

scallop, ghost shrimp hand, dive, or mechanical collection.

637 None documented

WA shellfish aquaculture ................................................................... 684 None documented

COMMERCIAL PASSENGER FISHING VESSEL (CHARTER

BOAT) FISHERIES:

AK, WA, OR, CA commercial passenger fishing vessel ................... >7,000 (1,107 AK) None documented

HI ‘‘other’’ ........................................................................................... 114 None documented

LIVE FINFISH/SHELLFISH FISHERIES:

CA finfish and shellfish live trap/hook-and-line ................................. 93 None documented

* Marine mammal stock is strategic or is proposed to be listed as strategic in the draft SARs for 2000.

+ stock is listed as threatened or endangered under the Endangered Species Act (ESA) or as depleted under the MMPA. List of Abbreviations

Used in Table 2: AK, Alaska; GOA; CA , California; HI, Hawaii Gulf of Alaska; OR, Oregon, and WA, Washington

TABLE 3.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND

CARIBBEAN

Fishery Description Estimated # of

vessels/persons

Marine mammal species and stocks incidentally injured and killed

Category I

GILLNET FISHERIES:

Northeast sink gillnet ......................................................................... 341 North Atlantic right whale, WNA*+

Humpback whale, WNA*+

Minke whale, Canadian east coast

Killer whale, WNA

White-sided dolphin, WNA*

Bottlenose dolphin, WNA offshore

Harbor porpoise, GME/BF*

Harbor seal, WNA

Gray seal, WNA

Common dolphin, WNA *

Fin whale, WNA *+

Spotted dolphin, WNA

False killer whale, WNA

Harp seal, WNA

U.S. Mid-Atlantic coastal gillnet ......................................................... >655 Humpback whale, WNA*+

Minke whale, Canadian east coast

Bottlenose dolphin, WNA offshore

Bottlenose dolphin, WNA coastal*+

Harbor porpoise, GME/BF*

Harbor seal, WNA

Harp seal, WNA

Long-finned pilot whale, WNA*

Short-finned pilot whale, WNA*

White sided dolphin, WNA

Common dolphin, WNA

LONGLINE FISHERIES:

Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline .. <200 Humpback whale, WNA*+

Minke whale, Canadian east coast

Risso’s dolphin, WNA

Long-finned pilot whale, WNA*

Short-finned pilot whale, WNA*

Common dolphin, WNA*

Atlantic spotted dolphin, WNA*

Pantropical spotted dolphin, WNA*

Striped dolphin, WNA

Bottlenose dolphin, WNA offshore

Bottlenose dolphin, GMX Outer Continental Shelf

Bottlenose dolphin, GMX Continental Shelf Edge and

Slope

Atlantic spotted dolphin, Northern GMX

Pantropical spotted dolphin, Northern GMX

Risso’s dolphin, Northern GMX

Harbor porpoise, GME/BF*

TRAP/POT FISHERIES:

6562 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

TABLE 3.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND

CARIBBEAN—Continued

Fishery Description Estimated # of

vessels/persons

Marine mammal species and stocks incidentally injured and killed

Northeast/Mid-Atlantic American lobster trap/pot .............................. 13,000 North Atlantic right whale, WNA*+

Humpback whale, WNA*+

Fin whale, WNA*+

Minke whale, Canadian east coast

Harbor seal, WNA

TRAWL FISHERIES:

Atlantic squid, mackerel, butterfish trawl ........................................... 620 Common dolphin, WNA*

Risso’s dolphin, WNA

Long-finned pilot whale, WNA*

Short-finned pilot whale, WNA*

White-sided dolphin, WNA*

Category II

GILLNET FISHERIES:

Gulf of Mexico gillnet ......................................................................... 724 Bottlenose dolphin, Western GMX coastal

Bottlenose dolphin, Northern GMX coastal

Bottlenose dolphin, Eastern GMX coastal

Bottlenose dolphin, GMX Bay, Sound, and Estuarine*

North Carolina inshore gillnet ............................................................ 94 Bottlenose dolphin, WNA coastal*+

Northeast anchored pelagic gillnet .................................................... 133 Humpback whale, WNA*+

White-sided dolphin, WNA*

Harbor seal, WNA

Northeast drift gillnet ......................................................................... unknown None documented

Southeast Atlantic gillnet ................................................................... 640 Bottlenose dolphin, WNA coastal

Southeastern U.S. Atlantic shark gillnet ............................................ 12 Bottlenose dolphin, WNA coastal* North Atlantic right

whale, WNA*+ Atlantic spotted dolphin, WNA

TRAWL FISHERIES:

Atlantic herring midwater trawl (including pair trawl) ........................ 17 Harbor seal, WNA

TRAP/POT FISHERIES:

Atlantic blue crab trap/pot ................................................................. >16,000 Bottlenose dolphin, WNA coastal*

West Indian manatee, FL

Gulf of Mexico blue crab trap/pot ...................................................... 4,113 Bottlenose dolphin, Western GMX coastal

Bottlenose dolphin, Northern GMX coastal

Bottlenose dolphin, Eastern GMX coastal

Bottlenose dolphin, GMX Bay, Sound, & Estuarine*

West Indian manatee, FL*+

Northeast trap/pot .............................................................................. unknown Fin whale, WNA

PURSE SEINE FISHERIES:

Gulf of Mexico menhaden purse seine ............................................. 50 Bottlenose dolphin, Western GMX coastal

Bottlenose dolphin, Northern GMX coastal

HAUL/BEACH SEINE FISHERIES:

Mid-Atlantic haul/beach seine ........................................................... 25 Bottlenose dolphin, WNA coastal*

Harbor porpoise, GME/BF*

North Carolina long haul seine .......................................................... 33 Bottlenose dolphin, WNA coastal*

STOP NET FISHERIES:

North Carolina roe mullet stop net .................................................... 13 Bottlenose dolphin, WNA coastal*

POUND NET FISHERIES:

Mid-Atlantic pound net ....................................................................... 438 Bottlenose dolphin, WNA coastal*

Category III

GILLNET FISHERIES:

Caribbean gillnet ................................................................................ >991 Dwarf sperm whale, WNA

West Indian manatee, Antillean

Chesapeake Bay inshore gillnet ........................................................ 45 Harbor porpoise, GME/BF

Delaware Bay inshore gillnet ............................................................. 60 Humpback whale, WNA*+ Bottlenose dolphin, WNA

coastal*+ Harbor porpoise, GME/BF*

Long Island Sound inshore gillnet ..................................................... 20 Humpback whale, WNA*+

Bottlenose dolphin, WNA coastal*+

Harbor porpoise, GME/BF*

Rhode Island, southern Massachusetts (to Monomoy Island), and

New York Bight (Raritan and Lower New York Bays) inshore

gillnet.

32 Humpback whale, WNA*+

Bottlenose dolphin, WNA coastal*+

Harbor porpoise, GME/BF*

TRAWL FISHERIES:

Calico scallops trawl .......................................................................... 12 None documented

Crab trawl .......................................................................................... 400 None documented

Georgia, South Carolina, Maryland whelk trawl ................................ 25 None documented

Gulf of Maine, Mid-Atlantic sea scallop trawl .................................... 215 None documented

Gulf of Maine northern shrimp trawl .................................................. 320 None documented

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6563

TABLE 3.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND

CARIBBEAN—Continued

Fishery Description Estimated # of

vessels/persons

Marine mammal species and stocks incidentally injured and killed

Gulf of Mexico butterfish trawl ........................................................... 2 Atlantic spotted dolphin, Eastern GMX

Pantropical spotted dolphin, Eastern GMX

Gulf of Mexico mixed species trawl .................................................. 20 None documented

Mid-Atlantic mixed species trawl ....................................................... >1,000 None documented

North Atlantic bottom trawl ................................................................ 1,052 Long-finned pilot whale, WNA*

Short-finned pilot whale, WNA*

Common dolphin, WNA*

White-sided dolphin, WNA*

Striped dolphin, WNA Bottlenose dolphin, WNA offshore

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl .................. >18,000 Bottlenose dolphin, WNA coastal*+

U.S. Atlantic monkfish trawl .............................................................. unknown Common dolphin, WNA*

MARINE AQUACULTURE FISHERIES:

Finfish aquaculture ............................................................................ 48 Harbor seal, WNA

Shellfish aquaculture ......................................................................... unknown None documented

PURSE SEINE FISHERIES:

Gulf of Maine Atlantic herring purse seine ........................................ 30 Harbor porpoise, GME/BF*

Harbor seal, WNA

Gray seal, WNA

Gulf of Maine menhaden purse seine ............................................... 50 None documented

Florida west coast sardine purse seine ............................................ 10 Bottlenose dolphin, Eastern GMX coastal

Mid-Atlantic menhaden purse seine .................................................. 22 Bottlenose dolphin, WNA coastal*+

Humpback whale, WNA*+

U.S. Atlantic tuna purse seine ........................................................... unknown None documented

U.S. Mid-Atlantic hand seine ............................................................. >250 None documented

LONGLINE/HOOK-AND-LINE FISHERIES:

Gulf of Maine tub trawl groundfish bottom longline/ hook-and-line .. 46 Harbor seal, WNA

Gray seal, Northwest North Atlantic

Humpback whale, WNA

Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-andline/harpoon.26,223 Humpback whale, WNA

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line.>5,000 None documented

Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/

hook-and-line.

124 None documented

Southeastern U.S. Atlantic, Gulf of Mexico, U.S. Mid-Atlantic pelagic hook-and-line/harpoon.1,446 None documented

TRAP/POT FISHERIES

Caribbean mixed species trap/pot ..................................................... >501 None documented

Caribbean spiny lobster trap/pot ....................................................... >197 None documented

Florida spiny lobster trap/pot ............................................................. unknown West Indian manatee, FL*+

Bottlenose dolphin, WNA coastal*+

Gulf of Mexico mixed species trap/pot .............................................. unknown None documented

Mid-Atlantic mixed species trap/pot .................................................. unknown Humpback whale, Gulf of Maine

Minke whale, Canadian east coast

Harbor porpoise, GM/BF

Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot ..... 10 None documented

Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot ....... 4,453 Bottlenose dolphin, Eastern Gulf of Mexico coastal

U.S. Mid-Atlantic eel trap/pot ............................................................ >700 None documented

U.S. Mid-Atlantic and Southeast U.S. Atlantic black sea bass trap/

pot.

30 None documented

STOP SEINE/WEIR/POUND NET FISHERIES:

Gulf of Maine herring and Atlantic mackerel stop seine/weir ........... 50 North Atlantic right whale, WNA*

Humpback whale, WNA*+

Minke whale, Canadian east coast

Harbor porpoise, GME/BF*

Harbor seal, WNA

Gray seal, Northwest North Atlantic

U.S. Mid-Atlantic crab stop seine/weir .............................................. 2,600 None documented

U.S. Mid-Atlantic mixed species stop seine/weir (except the North

Carolina roe mullet stop net).

500 None documented

DREDGE FISHERIES:

Gulf of Maine mussel ........................................................................ >50 None documented

Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ........................ 233 None documented

U.S. Mid-Atlantic/Gulf of Mexico oyster ............................................ 7,000 None documented

U.S. Mid-Atlantic offshore surf clam and quahog dredge ................. 100 None documented

HAUL/BEACH SEINE FISHERIES:

Caribbean haul/beach seine .............................................................. 15 West Indian manatee, Antillean

Gulf of Mexico haul/beach seine ....................................................... unknown None documented

Southeastern U.S. Atlantic, haul/beach seine ................................... 25 None documented

6564 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules

3This number includes 16,000 fishers who have

historically participated in the Atlantic Blue Crab

Fishery. NMFS is currently evaluating the current

number of participants and will provide that

information in a future LOF cycle.

TABLE 3.—PROPOSED LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND

CARIBBEAN—Continued

Fishery Description Estimated # of

vessels/persons

Marine mammal species and stocks incidentally injured and killed

DIVE, HAND/MECHANICAL COLLECTION FISHERIES:

Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection.20,000 None documented

Gulf of Maine urchin dive, hand/mechanical collection ..................... >50 None documented

Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean

cast net.

unknown None documented

COMMERCIAL PASSENGER FISHING VESSEL (CHARTER

BOAT) FISHERIES:

Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger

fishing vessel.

4,000 None documented

* Marine mammal stock is strategic or is proposed to be listed as strategic in the draft SARs for 2000.

+ Stock is listed as threatened or endangered under the ESA or as depleted under the MMPA. List of Abbreviations Used in Table 3 FL - Florida NC - North Carolina GA - Georgia SC - South Carolina GME/BF - Gulf of Maine/Bay of Fundy TX - Texas GMX - Gulf of Mexico WNA -

Western North Atlantic

Classification

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed LOF for 2001, if adopted,

would not have a significant economic

impact on a substantial number of small

entities for the following reasons.

Under existing regulations, all fishers

participating in Category I or II fisheries,

must register, obtain an Authorization

Certificate, and pay a fee of $25. The

Authorization Certificate authorizes the

taking of marine mammals incidental to

commercial fishing operations. NMFS

has estimated that approximately 22,400

fishing vessels operate in Category I or

II fisheries, and, therefore, are required

to register. However, the registration for

the majority of these fishers has been

integrated with existing state or Federal

registration programs, and those fishers

do not need to register separately under

the MMPA. Currently, approximately

3,800 fishers register directly with

NMFS under the MMPA authorization

program.

This proposed rule would require the

registration of approximately 22,2193

additional fishers. Fisheries that are

proposed to be elevated to Category II

and whose participants would be

required to register with NMFS include

the Hawaii Swordfish, Tuna, Billfish,

Mahi Mahi Wahoo, Oceanic Sharks,

Longline/Set Line Fishery (140

participants), the North Carolina Inshore

Gillnet Fishery (94 participants), the

Gulf of Mexico Gillnet Fishery (724

participants), the Southeast Atlantic

Gillnet Fishery (640 participants), the

Atlantic Blue Crab Fishery (>16,000),

and the Gulf of Mexico Blue Crab

Fishery (4,113 participants). The

California Longline Fishery (45

participants), the Mid-Atlantic Pound

Net Fishery (438 participants), the

Northeast Trap/Pot Fishery (unknown

number of participants), the North

Carolina Long Haul Seine Fishery (33

participants) and the Northeast Drift

Gillnet Fishery (unknown number of

participants) are new fisheries that have

been proposed to be added to the LOF

this year as Category II fisheries.

Participants in fisheries elevated to

Category II or added to the LOF may

already participate in Category I or II

fisheries for which they currently

register under the MMPA or participate

in Federal or State fisheries with

integrated registration programs, and

therefore would not be required to

register separately under the MMPA or

pay the $25 registration fee.

The $25 registration fee, with respect

to anticipated revenues, is not

considered significant. NMFS will also

consider integrating registration

requirements with other fisheries to

minimize the registration burden on

fishers. NMFS would waive the

registration fee for fisheries where an

integrated registration program can be

arranged.

As a result of the certification, a

regulatory flexibility analysis was not

prepared.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act unless that collection of

information displays a currently valid

Office of Management and Budget

(OMB) control number. This proposed

rule does not contain new collection-ofinformation requirements subject to the

Paperwork Reduction Act; however, the

proposed addition of fisheries to

Category II in the LOF could result in up

to 22,219 fishers being subject to an

existing collection-of-information

requirement. However, NMFS expects

that most of these fishers will not be

required to do any additional reporting.

For example, this number includes

16,000 fishers who have historically

participated in the Atlantic Blue Crab

Trap/Pot Fishery and 4,113 fishers who

have historically participated in the

Gulf of Mexico Blue Crab Trap/Pot

Fishery. NMFS is currently evaluating

the current number of participants in

these two fisheries and is planning to

integrate registration with existing state

or Federal registration programs as soon

as possible. Also, many of the fishers

may already participate in other

Category I or II fisheries or participate

in Federal or state fisheries with

integrated registration programs and

would not be required to register

separately under the MMPA.

The collection of information for the

registration of fishers under the MMPA

has been approved by the OMB under

OMB control number 0648-0293 (0.25

burden hours per report for new

registrants and 0.15 burden hours for

renewals). These estimates include the

time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding these reporting

burden estimates or any other aspect of

the collections of information, including

suggestions for reducing burdens to

NMFS and OMB (see ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

An environmental assessment was

prepared under the National

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Proposed Rules 6565

Environmental Policy Act (NEPA) for

regulations to implement section 118 of

the MMPA (1995 EA). The 1995 EA

concluded that implementation of those

regulations would not have a significant

impact on the human environment. This

proposed rule, if implemented, would

not make any significant change in the

management of reclassified fisheries,

and therefore this proposed rule is not

expected to change the analysis or

conclusion of the 1995 EA. The

classification of fisheries on the LOF is

not considered to be a management

action. If NMFS takes a management

action, for example, through the

development of a Take Reduction Plan

(TRP), NMFS would prepare an

environmental document as required

under NEPA specific for that action.

Changes to the proposed LOF for 2001

will not affect species listed as

threatened or endangered under the

Endangered Species Act (ESA) or their

associated critical habitat. The impacts

of numerous fisheries have been

analyzed in various biological opinions

and this proposed rule will not affect

the conclusions of those opinions. The

classification of fisheries on the LOF is

not considered to be a management

action that would impact threatened or

endangered species. If NMFS takes a

management action, for example,

through the development of a Take

Reduction Plan (TRP), NMFS would

conduct consultation under section 7 of

the ESA specific for that action.

This proposed rule will have no

adverse impacts on marine mammals

and may have a positive impact on

marine mammals by improving

knowledge of marine mammals and the

fisheries interacting with marine

mammals through information collected

from observer programs or take

reduction teams.

This proposed rule will not affect the

land or water uses or natural resources

of the coastal zone, as specified under

section 307 of the Coastal Zone

Management Act.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this rule. Such comments

should be sent to the Office of Protected

Resources (see ADDRESSES).

Dated: January 12, 2001.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–1542 Filed 1–19–01; 8:45 am]

BILLING CODE 3510–22–S