[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Rules and Regulations]
[Pages 14466-14491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5709]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 061106290-7059-02, I.D. 101706C]
RIN 0648-AV01
List of Fisheries for 2007
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its
final List of Fisheries (LOF) for 2007, as required by the Marine
Mammal Protection Act (MMPA). The final LOF for 2007 reflects new
information on interactions between commercial fisheries and marine
mammals. NMFS must categorize each commercial fishery on the LOF into
one of three categories under the MMPA based upon the level of serious
injury and mortality of marine mammals that occurs incidental to each
fishery. The categorization of a fishery in the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
requirements.
DATES: This final rule is effective April 27, 2007.
The Alaska Cook Inlet set gillnet fishery, Alaska Cook Inlet salmon
purse seine fishery, Alaska Kodiak salmon purse seine fishery,
California tuna purse seine fishery, Mid-Atlantic mid-water trawl
(including pair trawl) fishery, and Mid-Atlantic flynet fishery are
considered to be Category II fisheries on April 27, 2007, and are
required to comply with all requirements of Category II fisheries
(i.e., complying with applicable registration requirements, complying
with applicable take reduction plan requirements, and carrying
observers, if requested) on that date.
ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional
offices.
Written comments regarding the burden-hour estimates or other
aspects of the information collection requirements contained in this
final rule may be submitted to NMFS, Attn: Patricia Lawson, fax: 301-
427-2522 or [email protected], or the Office of Management and
Budget, Attn: David Rostker, fax: 202-395-7285 or [email protected].
FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9328;
Nancy Young, Southeast Region, 727-551-5607; Elizabeth Petras,
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van
Atta, Pacific Islands Region, 808-944-2257. Individuals who use a
telecommunications device for the hearing impaired may call the Federal
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Availability of Published Materials
Information regarding the LOF and the Marine Mammal Authorization
Program, including registration procedures and forms, current and past
LOFs, observer requirements, and marine mammal injury/mortality
reporting forms and submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/mmap, or from any NMFS Regional
Office at the addresses listed below.
Regional Offices
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Teletha Mincey;
NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213, Attn: Lyle Enriquez;
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Permits Office;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802; or
NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI 96814-4700.
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
serious injury and mortality of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The categorization of a fishery in the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Stock
Assessment Reports and other relevant sources and publish in the
Federal Register any necessary changes to the LOF after notice and
opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How Does NMFS Determine in which Category a Fishery is Placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock, and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: If the total annual mortality and serious injury of a
marine mammal
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stock, across all fisheries, is less than or equal to 10 percent of the
PBR level of the stock, all fisheries interacting with the stock would
be placed in Category III (unless those fisheries interact with other
stock(s) in which total annual mortality and serious injury is greater
than 10 percent of PBR). Otherwise, these fisheries are subject to the
next tier (Tier 2) of analysis to determine their classification.
Tier 2, Category I: Annual mortality and serious injury of a stock
in a given fishery is greater than or equal to 50 percent of the PBR
level.
Tier 2, Category II: Annual mortality and serious injury of a
stock in a given fishery is greater than 1 percent and less than 50
percent of the PBR level.
Tier 2, Category III: Annual mortality and serious injury of a
stock in a given fishery is less than or equal to 1 percent of the PBR
level.
While Tier 1 considers the cumulative fishery mortality and serious
injury for a particular stock, Tier 2 considers fishery-specific
mortality and serious injury for a particular stock. Additional details
regarding how the categories were determined are provided in the
preamble to the final rule implementing section 118 of the MMPA (60 FR
45086, August 30, 1995).
Since fisheries are categorized on a per-stock basis, a fishery may
qualify as one Category for one marine mammal stock and another
Category for a different marine mammal stock. A fishery is typically
categorized on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II).
Other Criteria That May Be Considered
In the absence of reliable information indicating the frequency of
incidental mortality and serious injury of marine mammals by a
commercial fishery, NMFS will determine whether the incidental serious
injury or mortality qualifies for Category II by evaluating other
factors such as fishing techniques, gear used, methods used to deter
marine mammals, target species, seasons and areas fished, qualitative
data from logbooks or fisher reports, stranding data, and the species
and distribution of marine mammals in the area, or at the discretion of
the Assistant Administrator for Fisheries (50 CFR 229.2).
How Does NMFS Determine which Species or Stocks are Included as
Incidentally Killed or Seriously Injured in a Fishery?
The LOF includes a list of marine mammal species or stocks
incidentally killed or seriously injured in each commercial fishery,
based on the level of mortality or serious injury in each fishery
relative to the PBR level for each stock. To determine which species or
stocks are included as incidentally killed or seriously injured in a
fishery, NMFS annually reviews the information presented in the current
Marine Mammal Stock Assessment Reports (SARs). The SARs are based upon
the best available scientific information and provide the most current
and inclusive information on each stock's PBR level and level of
mortality or serious injury incidental to commercial fishing
operations. NMFS also reviews other sources of new information,
including observer data, stranding data and fisher self-reports.
In the absence of reliable information on the level of mortality or
serious injury of a marine mammal stock, or insufficient observer data,
NMFS will determine whether a species or stock should be added to, or
deleted from, the list by considering other factors such as: changes in
gear types used, increases or decreases in fishing effort, increases or
decreases in the level of observer coverage, and/or changes in fishery
management that are expected to lead to decreases in interactions with
a given marine mammal stock (such as a Fishery Management Plan or a
Take Reduction Plan). NMFS will provide case specific justification in
the LOF for changes to the list of species or stocks incidentally
killed or seriously injured.
How do I Determine the Level of Observer Coverage in a Fishery?
Data obtained from observers and the level of observer coverage are
important tools in estimating the level of marine mammal mortality and
serious injury in commercial fishing operations. The best available
information on the level of observer coverage, and the spatial and
temporal distribution of observed marine mammal interactions, is
presented in the SARs. Starting in 2005, each SAR includes an appendix
with detailed descriptions of each Category I and II fishery on the
LOF. The SARs generally do not provide detailed information on observer
coverage in Category III fisheries because Category III fisheries are
not required to accommodate observers aboard vessels due to the remote
likelihood of mortality and serious injury of marine mammals.
Information presented in the SARs' appendices include: level of
observer coverage, target species, levels of fishing effort, spatial
and temporal distribution of fishing effort, gear characteristics,
management and regulations, and marine mammal interactions.
NMFS refers readers to the SARs for the most current information on
the level of observer coverage for each fishery. Copies of the SARs are
available on the NMFS Office of Protected Resource's web site at:
http://www.nmfs.noaa.gov/pr/sars/. Additional information on observer
coverage in commercial fisheries can be found on the National Observer
Program's web site at: http://www.st.nmfs.gov/st4/nop/.
How Do I Find Out if a Specific Fishery is in Category I, II, or III?
This final rule includes two tables that list all U.S. commercial
fisheries by LOF Category. Table 1 lists all of the fisheries in the
Pacific Ocean (including Alaska). Table 2 lists all of the fisheries in
the Atlantic Ocean, Gulf of Mexico, and Caribbean.
Am I Required to Register Under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization from NMFS in order to lawfully incidentally take a marine
mammal in a commercial fishery. Owners of vessels or gear engaged in a
Category III fishery are not required to register with NMFS or obtain a
marine mammal authorization.
How Do I Register?
Vessel or gear owners must register with the Marine Mammal
Authorization Program (MMAP) by contacting the relevant NMFS Regional
Office (see ADDRESSES) unless they participate in a fishery that has an
integrated registration program (described below). Upon receipt of a
completed registration, NMFS will issue vessel or gear owners an
authorization certificate. The authorization certificate, or a copy,
must be on board the vessel while it is operating in a Category I or II
fishery, or for non-vessel fisheries, in the possession of the person
in charge of the fishing operation (50 CFR 229.4(e)).
What is the Process for Registering in an Integrated Fishery?
For some fisheries, NMFS has integrated the MMPA registration
process with existing state and Federal
[[Page 14468]]
fishery license, registration, or permit systems. Participants in these
fisheries are automatically registered under the MMPA and are not
required to submit registration or renewal materials or pay the $25
registration fee. The following section indicates which fisheries are
integrated fisheries and has a summary of the integration process for
each Region. Vessel or gear owners who operate in an integrated fishery
and have not received an authorization certificate by January 1 of each
new year or with renewed state fishing licenses (as in Washington and
Oregon) must contact their NMFS Regional Office (see ADDRESSES).
Although efforts are made to limit the issuance of authorization
certificates to only those vessel or gear owners that participate in
Category I or II fisheries, not all state and Federal permit systems
distinguish between fisheries as classified by the LOF. Therefore, some
vessel or gear owners in Category III fisheries may receive
authorization certificates even though they are not required for
Category III fisheries. Individuals fishing in Category I and II
fisheries for which no state or Federal permit is required must
register with NMFS by contacting their appropriate Regional Office (see
ADDRESSES).
Which Fisheries Have Integrated Registration Programs?
The following fisheries have integrated registration programs under
the MMPA:
1. All Alaska Category II fisheries;
2. All Washington and Oregon Category II fisheries;
3. Northeast Regional fisheries for which a state or Federal permit
is required;
4. All Southeast Regional fisheries for which a Federal permit is
required, as well as fisheries permitted by the states of North
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas; and
5. The Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo,Oceanic
Sharks Longline/Set line Fishery.
How Do I Renew My Registration Under the MMPA?
Vessel or gear owners that participate in fisheries that have
integrated registration programs (described above) are automatically
renewed and should receive an authorization certificate by January 1 of
each new year, with the exception of Washington and Oregon Category II
fisheries. Washington and Oregon fishers receive authorization with
each renewed state fishing license, the timing of which varies based on
target species. Vessel or gear owners who participate in an integrated
fishery and have not received authorization certificates by January 1
or with renewed fishing licenses (Washington and Oregon) must contact
the appropriate NMFS Regional Office (see ADDRESSES). Vessel or gear
owners that participate in fisheries that do not have integrated
registration programs and that have previously registered in a Category
I or II fishery will receive a renewal packet from the appropriate NMFS
Regional Office at least 30 days prior to January 1 of each new year.
It is the responsibility of the vessel or gear owner in these fisheries
to complete their renewal form and return it to the appropriate NMFS
Regional Office at least 30 days in advance of fishing. Individuals who
have not received a renewal packet by January 1 or are registering for
the first time must request a registration form from the appropriate
Regional Office (see ADDRESSES).
Am I Required to Submit Reports When I Injure or Kill a Marine Mammal
During the Course of Commercial Fishing Operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a Category I, II, or III
fishery must report to NMFS all incidental injuries and mortalities of
marine mammals that occur during commercial fishing operations.
``Injury'' is defined in 50 CFR 229.2 as a wound or other physical
harm. In addition, any animal that ingests fishing gear or any animal
that is released with fishing gear entangling, trailing, or perforating
any part of the body is considered injured, regardless of the presence
of any wound or other evidence of injury, and must be reported. Injury/
mortality report forms and instructions for submitting forms to NMFS
can be downloaded from: http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf. Reporting requirements and procedures can be
found in 50 CFR 229.6.
Am I Required to Take an Observer Aboard My Vessel?
Fishers participating in a Category I or II fishery are required to
accommodate an observer aboard vessel(s) upon request. Observer
requirements can be found in 50 CFR 229.7.
Am I Required to Comply With Any Take Reduction Plan Regulations?
Fishers participating in a Category I or II fishery are required to
comply with any applicable take reduction plans. Take reduction plan
requirements can be found at 50 CFR 229.30-34.
Sources of Information Reviewed for the Final 2007 LOF
NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the SARs for all observed fisheries
to determine whether changes in fishery classification were warranted.
NMFS' SARs are based on the best scientific information available at
the time of preparation, including the level of serious injury and
mortality of marine mammals that occurs incidental to commercial
fisheries and the PBR levels of marine mammal stocks. The information
contained in the SARs is reviewed by regional Scientific Review Groups
(SRGs) representing Alaska, the Pacific (including Hawaii), and the
U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by
the MMPA to review the science that informs the SARs, and to advise
NMFS on population status and trends, stock structure, uncertainties in
the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
The LOF for 2007 was based, among other things, on information
provided in the final SARs for 1996 (63 FR 60, January 2, 1998), the
final SARs for 2001 (67 FR 10671, March 8, 2002), the final SARs for
2002 (68 FR 17920, April 14, 2003), the final SARs for 2003 (69 FR
54262, September 8, 2004), the final SARs for 2004 (70 FR 35397, June
20, 2005), the final SARs for 2005 (71 FR 26340, May 4, 2006), and the
draft SARs for 2006 (71 FR 42815, July 28. 2006). All SARs are
available at: http://www.nmfs.noaa.gov/pr/sars/.
Comments and Responses
NMFS received 9 comment letters on the proposed 2007 LOF (71 FR
70339, December 4, 2006) from environmental, commercial fishing, and
Federal and state interests. Comments on issues outside the scope of
the LOF were noted, but are not responded to in this final rule.
General Comments
Comment 1: One commenter recommended NMFS continue to support
current research efforts, and support and engage in additional
research, on depredation and associated fishery interactions. Research
should focus on developing means of reducing or controlling depredation
rates and
[[Page 14469]]
minimizing or mitigating any serious injuries or deaths of marine
mammals from depredation-related interactions.
Response: NMFS has supported and will continue to support research
efforts intended to better understand the nature of depredation-related
interactions, to reduce the risk of serious injury and mortality to
marine mammal stocks, and to investigate potential mitigation
strategies.
Through the Take Reduction Team (TRT) process, NMFS has developed
and implemented successful gear research components to several Take
Reduction Plans (TRP). Specifically, NMFS has allocated research
funding for several TRPs including the Atlantic Trawl Gear, Atlantic
Large Whale, Pelagic Longline, and Bottlenose Dolphin TRPs. The
research identified by the respective TRTs allows NMFS to better
understand the behavior of several marine mammal species. The
recommended research included techniques such as the use of video
cameras to document marine mammal interactions with various gear types
in hopes of gaining a better understanding of whether these
interactions are a result of depredation of the target species by the
marine mammals, or other behavioral factors. This knowledge will
provide insights into what types of mitigation measures can be
implemented in order to minimize the serious injuries and mortalities
associated with depredation-related interactions. Various gear
modifications are routinely researched to reduce the risk of
interactions and serious injury and mortality of marine mammals should
an entanglement occur.
NMFS also gathers information on marine mammal depredation in
fisheries from various sources including, fishery observer records,
vessel logbooks, data collected during dockside surveys, independent
researchers, State agencies, and the general public. NMFS uses this
information to monitor fisheries and evaluate whether action is needed
to prevent or limit depredation in order to protect marine mammals. For
example, in the past NMFS has participated in a program to conduct
research in California, Oregon, and Washington examining pinniped
depredation in various fisheries and develop methods to reduce or
control the depredation. However, funding for this program was
eliminated in 2005 and it is not known if funding will be re-instated
in the future. Also, NMFS is currently reviewing the issues related to
depredation by false killer whales in the Hawaii-based longline fishery
and is supportive of research efforts to reduce false killer whale
take. NMFS continues to seek ways to support and participate in
research on depredation and the development of deterrent methods,
within existing budget constraints.
Comment 2: One commenter recommended NMFS work with regional
Fishery Management Councils to improve monitoring and mitigation of
serious injury and mortality rates incidental to trap/pot fisheries.
Interactions with trap/pot gear are known to occur. However, the
frequency is difficult to quantify because traditional fishery observer
programs are unlikely to observe entangled animals, particularly large
whales that often carry entangling gear away. In absence of better
monitoring, characterization of such problems is often based on
anecdotal information.
Response: NMFS has been often unable to identify lines wrapped on
entangled whales conclusively or determine to which specific fishery
gear belongs, including whether it is a commercial or recreational
fishery. This is particularly difficult for pot gear, when often just a
single line or line with an unidentified buoy is found associated with
an entangled whale. This information is critically important in
assigning fisheries under the LOF, and NMFS will only assign a serious
injury or mortality to a specific fishery when gear can be identified
to that fishery with a high degree of certainty. NMFS is working to
improve the ability to identify such gear found on entangled whales.
NMFS agrees that quantifying entanglement rates in the trap/pot
fishery would be difficult through an observer program due to the low
likelihood of observing an entanglement. However, other means of
collecting information on entanglements of marine mammals are also
available. For example, information regarding fishery interactions with
marine mammals is included in reports by fishermen collected under the
Marine Mammal Authorization Program (MMAP), under which all commercial
vessel owners or operators, regardless of the category of fishery they
participate in, must report all incidental injuries and mortalities of
marine mammals. Stranding data is also used to collect information on
entanglements.
Trap/pot fisheries are of interest based on available information
concerning trap/pot gear interactions with large whales in the
Atlantic, Pacific, and Alaska, and bottlenose dolphins in the Southeast
Atlantic and Gulf of Mexico. In the Atlantic Ocean and Gulf of Mexico,
NMFS has funded, and plans to continue to fund based on available
resources, several research projects for mitigating blue crab trap/pot
interactions with bottlenose dolphins in the Southeast Atlantic and
Gulf of Mexico. Many of these projects have been incorporated into non-
regulatory components of the Bottlenose Dolphin Take Reduction Plan.
NMFS is considering folding trap/pot fisheries into the Atlantic Large
Whale Take Reduction Plan (ALWTRP) in an upcoming action. The Atlantic
Large Whale Take Reduction Team (ALWTRT) currently emphasizes the
incorporation of the regional fishery management councils by asking
council representatives to serve as team members. NMFS will raise this
issue with council representatives at future meetings to further the
discussion.
In the Pacific Ocean, NMFS plans to communicate with the Pacific
Fisheries Management Council when considering current fishery
descriptions for trap/pot fisheries, as well as when assessing
potential changes to fishery descriptions to more accurately reflect
differences in trap gear fisheries and the likelihood for interactions
with marine mammals.
In Alaska, a high proportion of all humpback whale entanglements
are thought to be from pot gear relative to other fishery sources,
while in reality the proportion of entanglements resulting in known
serious injuries and mortalities from known or assumed pot gear when
compared to serious injury and mortalities from all entanglements is
not as high. From 2001 through 2005 there were 40 humpback whale
entanglements attributed to commercial or recreational fisheries, and
15 (37.5 percent) of those were thought to be from various pot gear,
although that is not conclusive. Of those 40 humpback whale
entanglements, 17 (42.5 percent) were serious injuries or mortalities,
all attributed to commercial fisheries. Five of the 17 (29 percent)
serious injuries or mortalities were thought to be from various pot
gear. Therefore, from 2001-2005, 5 of the overall 40 humpback whale
entanglements, or 12.5 percent, resulted in serious injuries or
mortalities thought to be from various pot gear.
Determining whether an entanglement results in a serious injury
(one that leads to mortality) is a challenge for NMFS, and an improved
approach to this is needed, and the agency is working toward that end.
In the Alaska region, NMFS is working to increase public awareness of
the dangers to whales of vertical lines in the water column, and is
asking for voluntary cooperation to minimize the amount of vertical
line in the water column where possible and in marking personal and
commercial gear.
[[Page 14470]]
Working with marine mammal researchers, the fishing industry, and NOAA
Sea Grant over the past several years, the Alaska Stranding Program has
increased community outreach. Cooperative, ongoing efforts include
community meetings, informal working groups, increased disentanglement
response training, developing a vessel wheelhouse guide on preventive
measures and reporting information, investigating deterrent uses,
improved reporting, and acquisition of additional response equipment,
including adding a response vessel to the program, and satellite
telemetry tags and buoys. Ultimately, the goal is entanglement
reduction and prevention.
Comment 3: One commenter stated that the length of the public
comment period (30 days) on the proposed rule does not allow
appropriate time for formal review and comment by Fishery Management
Councils, protected resources committees, industry advisors, and
individuals.
Response: NMFS believes the 30-day comment period allowed for
adequate review and comment on this proposed rule.
Comment 4: One commenter noted that the categorization of fisheries
under the MMPA is not congruent with fishery management units defined
under the Magnuson-Stevens Fishery Conservation and Management Act
(MSFCMA). Congruency between the definitions under MSFCMA and the
categorization of fisheries under the MMPA would facilitate the process
of moving towards an ecosystem approach to management, i.e., for the
management of fisheries resources and the conservation of marine mammal
stocks.
Response: The MSFCMA defines fishery listings based on fish species
and fish stocks, while the MMPA defines fishery listings based on
marine mammal stocks and their interactions with fishing gear types.
Since multiple fishing gear types are usually covered under each
Fishery Management Plan (FMP), categorizing marine mammal interactions
with fisheries on an FMP basis is usually not appropriate. To help
minimize confusion associated with the different fishery definitions,
the agency will continue, as appropriate, to make modest changes to
facilitate cooperation with regional Fishery Management Councils (see
responses to comments 2 and 3).
Comment 5: The proposed rule states that less than 360 small
entities will be affected by the LOF due to the cost of permits and
that no economic costs will be incurred by vessels requested to carry
an observer. This evaluation fails to recognize the burden of carrying
an observer, especially on smaller fishing vessels that may have to
operate with one less crew member to accommodate the observer. This
could lead to operational inefficiencies and loss of revenue.
Response: An Environmental Assessment (EA) was prepared for the
Final 2006 LOF, which included a full Regulatory Impact Review (RIR).
The effects on small entities were discussed and analyzed as part of
the RIR. Impacts to small entities including the impacts associated
with carrying an observer were adequately addressed. A full copy of the
December 2005 EA can be obtained at: http://www.nmfs.noaa.gov/pr/pdfs/interactions/lof_ea.pdf.
In addition, under section 118(d)(6)(B) of the MMPA, NMFS is not
required to place an observer on a Category I or II vessel if the
facilities for housing the observer or for carrying out observer
functions are so inadequate or unsafe that the health or safety of the
observer or the safe operation of the vessel would be jeopardized (also
stated in 50 CFR 229.7(c)(3)).
Comment 6: NMFS did not provide sufficient notice in the proposed
rule to inform fishermen that their fishery is proposed for elevation
and the associated more stringent regulations. Also, the holiday season
falling within the comment period (December 4, 2006-January 3, 2007)
made it difficult to find credible information and to contact agency
staff to allow public involvement.
Response: See Comment Response 3 above.
Comment 7: One commenter viewed the LOF fishery classification
system as inaccurate, under which NMFS is downplaying the highly
destructive nature of commercial fisheries. NMFS does not sufficiently
monitor these fisheries; therefore, many more fisheries should be
classified higher on the LOF to allow for observer coverage.
Response: NMFS believes that the fishery classification system is
accurate. The current fishery classification system, which continues to
be widely accepted by the scientific community and the fishing
industry, is based on a two-tiered, stock-specific approach that first
addresses the total impacts of all fisheries on each marine mammal
stock and then addresses the impacts of individual fisheries on each
stock. Please see SUPPLEMENTARY INFORMATION for additional information
on the classification criteria. NMFS implemented the classification
criteria in the final regulations to implement the 1994 amendments to
the MMPA (60 FR 45086, August 30, 1995) after ample consider of
comments and suggestions from the public. NMFS also finalized an
Environmental Assessment (EA) in August, 1995, to analyze the impacts
of the regulations implementing the 1994 amendment on the environment
and the public, and finalized a revised EA in December 2005 on the
process of classifying U.S. commercial fisheries. To determine whether
changes in fishery classification are warranted, NMFS reviews all
marine mammal incidental injury and mortality information presented in
the Stock Assessment Reports (SARs). NMFS' SARs are based on the best
available scientific information available at the time of publication.
The SARs are peer-reviewed by regional Scientific Review Groups (SRGs),
created by the MMPA to review the science that informs the SARs.
NMFS regularly monitors commercial fisheries in the U.S. and
reviews data gathered by the National Observer Program, fisher self-
reports, stranding data, and other information when categorizing
fisheries based on the level of interactions with marine mammals.
Category I and II fisheries are required to register with NMFS, to
carry NMFS observers if requested, and comply with all applicable take
reduction plan regulations. In addition, all fishermen, regardless of
the classification of the fishery in which they operate, are required
by the MMPA to report, within 48 hours of returning to port, any injury
or mortality that occurs incidental to commercial fishing operations.
NMFS also reviews other sources of information, such as stranding data,
to assess whether elevation of a Category III fishery is warranted,
thereby requiring the fishery to carry observers, if requested.
Comment 8: One commenter reiterated previous letters on the 2005
and 2006 LOFs calling for the inclusion of observer coverage on the
LOF. The SARs usually include estimates of observer coverage only for
fisheries known to interact with marine mammals, while fisheries for
which interactions have not been documented in recent years are not
described. Without this information, it is not possible to determine
whether a given fishery was adequately observed and no interactions
documented, or whether the fishery was not adequately observed and
interactions may occur. For this reason, NMFS should describe the level
of observer coverage for each fishery on the LOF.
Response: Including detailed information on the level, or
percentage, of observer coverage to each fishery on the LOF will be of
limited use without also including the confidence associated
[[Page 14471]]
with mortality/serious injury estimates generated from observer data.
Presenting the level of observer coverage in the LOF without the
associated confidence information will likely lead to misinterpretation
of the information provided. Information including details of the
interaction data, and the Coefficient of Variance (CV) for stock-
specific information, is reported in the SARs. Please also see NMFS'
response to a similar comment in the final LOF for 2006 (see Response
to Comment 4 in 60 FR 48802, August 22, 2006).
NMFS continues to refer readers to the SARs for the most current,
peer-reviewed information on observer coverage. Since 2005 each SARs
includes an Appendix with Category I and II fishery-specific
information, including the level of observer coverage; therefore, this
information does not need to be duplicated in the LOF. NMFS is
continuing to work to build and improve the fisheries interaction
information presented in order to provide a useful source of
information for the reader. NMFS will consider this comment when
considering improvements to the SARs appendices. The SARs can be
accessed through the NMFS Office of Protected Resource's web site at:
http://www.nmfs.noaa.gov/pr.sars/. Additional information can also be
found on the National Observer Program web site at: http://www.st.nmfs.gov/st4/nop/.
Information beyond stating ``interactions have not been documented
in recent years'' would be useful as further explanation and support
for changes in fishery classifications or additions and deletions of
stocks from the list of marine mammal species or stocks incidentally
killed/injured in a fishery. For this reason, NMFS will present
information associated with the level of observer coverage or lack of
observer coverage, if available, as part of the justification for
proposing changes in future LOFs.
Comment 9: One commenter reiterated a previous comment made on the
2004 LOF for inclusion of high seas fisheries on the LOF. Multiple high
sea fisheries, in which U.S. flagged vessels operate, are known to
interact or are likely to interact with marine mammals. Section 118 of
the MMPA applies to ``commercial fishing operations by persons using
vessels of the United States''. Therefore, NMFS failure to include
these high seas fisheries is unlawful. Specific fisheries suggested as
additions are the Cobb Seamount fishery, Pacific Pelagic Squid Jig
fishery, South Pacific Tuna Purse Seine fishery, and fisheries in the
area of the Convention on the Conservation of Antarctic Marine Living
Resources (CCAMLR) including the Patagonian toothfish longline fishery
and a trawl fishery for krill.
Response: NMFS is currently investigating available information on
existing high seas fisheries in which U.S. nationals and flagged
vessels participate, the estimated number of vessels/participants in
these fisheries, and fishery interactions with marine mammal stocks on
the high seas. NMFS will continue its investigation and consider the
inclusion of high seas fisheries in future LOFs.
Comments on Fisheries in the Pacific Ocean
Comment 10: One commenter supported the elevation and addition of 3
Alaska fisheries, the AK Cook Inlet salmon set gillnet fishery, AK Cook
Inlet salmon purse seine fishery, and AK Kodiak salmon purse seine
fishery, to Category II.
Response: NMFS has added the AK Cook Inlet salmon set gillnet
fishery as a Category II, and has elevated the AK Cook Inlet salmon
purse seine fishery and the AK Kodiak salmon purse seine fishery to
Category II, on the 2007 LOF.
Comment 11: One commenter stated that NMFS' proposed elevation or
addition of 3 Alaska nearshore fisheries, the AK Cook Inlet salmon set
gillnet fishery, AK Cook Inlet salmon purse seine fishery, and AK
Kodiak salmon purse seine fishery, highlights the importance of
monitoring interactions in state-managed fisheries. The Alaska Marine
Mammal Observer Program (AMMOP) has not been funded sufficiently or
consistently and does not provide an adequate basis for characterizing
the full extent of such interactions. NMFS should increase and maintain
funding for the AMMOP at levels sufficient for reasonable assessment of
marine mammal take levels in AK state-managed fisheries or consider
alternative means for assessing take levels and their population
impacts.
Response: The cost of the Alaska Marine Mammal Observer Program is
very high, relative to other observer programs around the country, due
to the remote nature of the fisheries observed. To offset such high
costs, NMFS is investigating alternatives to implementing full observer
programs in these fisheries, such as observing focused portions of the
fisheries.
Comment 12: Estimates of abundance and PBR level are not readily
available for North Pacific sperm whales. NMFS should develop a
scientifically sound estimate of this stock's abundance and PBR level
that can be used to evaluate potential fishery impacts. For example,
sperm whales are known to depredate on catch in the sablefish longline
fishery and at least one serious injury of a sperm whale has been
observed, with the current estimate of injury/mortality at 0.45 whales/
year. This rate may increase if depredation becomes more widespread.
Response: At this time, resources are not available to assess the
abundance of North Pacific sperm whales in order to calculate a PBR
level.
Comment 13: One commenter recommended NMFS expedite analyses of
humpback whale stock structure in the North Pacific and increase
efforts to observe entangled and stranded whales in southeastern Alaska
to obtain accurate estimates of interactions with trap/pot fisheries.
These analyses will better assess the potential impact of fishery
interactions on the southeastern AK feeding aggregation of Central
North Pacific humpback whales (which NMFS is currently considering
designating as a separate stock), considering recent reports of
stranded/entangled whales suggest interactions with trap/pot fisheries
in southeastern Alaska may be unsustainable.
Response: The Structure of Populations, Levels of Abundance, and
Status of Humpbacks (SPLASH) project collected information on humpback
whales throughout the North Pacific. This project has only recently
concluded. At this time, NMFS anticipates that some preliminary results
may begin to be published in 2008 and may be considered during the
preparation of the draft List of Fisheries for 2009.
Comment 14: One commenter referenced the case of a humpback whale
removed from a set gillnet by NMFS personnel in June 2005. Although
they were not successful in removing all the webbing, the animal swam
away. We are not aware of conclusive information that provides a
determination that mortality resulted from this incidental take.
Response: The Marine Mammal Protection Act (MMPA) requires that
serious injuries and mortalities be included in consideration of the
classification of fisheries under the annual List of Fisheries. NMFS
has defined serious injury in 50 CFR 229.2 as an injury that is likely
to lead to mortality. The agency convened a workshop in April 1997 to
develop guidelines for a consistent approach for determining which
injuries may be considered serious injuries. Results from that workshop
were published as a NOAA Technical Memorandum in 1998 (NMFS-OPR-13,
Angliss, R.P., and
[[Page 14472]]
D.P. DeMaster) and have been incorporated into the annual process of
fisheries classification.
Current guidelines for making serious injuries determinations for
marine mammals injuries resulting from entanglement in fishing gear
include consideration of whether the animal's locomotion or feeding is
or could be impaired by the entanglement. Information for each humpback
whale entanglement in Alaska is reviewed by members of the Alaska
Scientific Review Group (SRG), a Congressionally mandated regional
advisory board to NMFS made up of marine mammal scientists. The SRG
forwards to NMFS recommendations for each entanglement on whether the
entanglement is likely to result in a serious injury or not. NMFS makes
the final determination for each entanglement, taking into account the
SRG's recommendation and the proper application of the serious injury
determination guidelines.
NMFS anticipates holding a follow-up serious injury workshop in
2007 to update and advance the current guidelines for making serious
injury determinations.
Comment 15: One commenter stated that the population of the Central
North Pacific humpback whale stock appears to be increasing. Therefore,
the take in the Cook Inlet set gillnet fishery, which is calculated to
be 1.55 percent of the stock's PBR, should not trigger changing this
fisheries' classification from Category III to Category II.
Response: There is evidence that the central North Pacific stock of
humpback whales is increasing in at least portions of its range, such
as in Southeast Alaska. However, it is not clear that this is the case
throughout the range of the stock. Further, the results of the recent
study of North Pacific humpback whales may indicate that the existing
stock structure is incorrect and that smaller stocks may be more
appropriate. Given the uncertainty in the rate of increase and stock
structure, NMFS will classify this fishery using the classification
criteria without adjusting for possible changes in abundance.
Comment 16: One commenter stated that the area in which the
humpback whale take in 2005 occurred in Cook Inlet is remote, and that
portion of the fishery is not conducted in the same time, area or
methodology as 95 percent of the set gillnet fishery within Cook Inlet.
The productivity of this small portion of the fishery is only 1 percent
of the targeted sockeye salmon species. There has been no documented
incidence with humpback whales in the Central or Northern districts of
Upper Cook Inlet through the previous observer program (1999-2000) or
in the commercial fishery. Please consider listing Upper and Lower Cook
Inlet set gillnet fisheries as separate fisheries on the List of
Fisheries.
Response: NMFS organizes Alaska fisheries under the LOF by target,
gear type, and geographic area. Separating the Upper and Lower Cook
Inlet set gillnet fisheries into two fisheries on the LOF would not be
consist with the scale of identification of other Alaska state and
Federal fisheries on the LOF.
The Alaska Department of Fish and Game manages the state fisheries
at the local scale to achieve the success that they have in maintaining
sustainable fish population levels, because salmon fishery management
is based in large part on achieving local escapement goals. However,
NMFS manages marine mammals by stocks, which generally cover large
geographic areas in Alaska. The fisheries within or across those areas
are classified under the LOF in order to track the relative impacts of
the fisheries on the marine mammal stocks. Because of the large scale
of Alaska and the high number of small, local fisheries throughout the
state, NMFS believes that the geographic areas and other variables used
to identify fisheries under the LOF are comprehensive enough to detect
potential concerns with marine mammal-fishery interactions, but not so
large that the local source becomes unclear. Under circumstances
outlined in the MMPA, when fishery-related serious injuries and
mortalities reach a level which trigger the need to institute focused
take reduction measures, a finer scale of review is instituted. In such
cases, detailed differences in gear, area, timing, effort, and other
variables would be taken into account to address specific sources of
marine mammal incidental serious injuries and mortalities.
Comment 17: One commenter noted errors in the number of permits
issued in, and management of, the WA/OR purse seine fishery. The
proposed rule states that OR and WA issued 26 and 16 permits,
respectively, for the 2004 fishery, when the correct number of permits
was 20 and 21, respectively. At that time, the OR fishery was a
developmental fishery and the WA fishery was an experimental fishery.
In 2006 the OR fishery operated as a state run limited entry fishery
and WA remained an experimental fishery.
Response: The commenter is correct. OR and WA issued 20 and 21
permits, respectively, for the WA/OR purse seine fishery in 2004. The
figures provided in the proposed rule, 26 permits issued in OR and 16
in WA, were incorrectly associated with the fishery for 2004. In fact,
26 and 16 permits were issued for OR and WA, respectively in 2006. The
commenter is also correct that OR become a limited entry fishery in
2006, while WA remained an emerging fishery.
Comment 18: Two commenters recommended elevating the CA lobster,
prawn, shrimp, rock crab, fish pot fishery and the WA/OR/CA crab pot
fishery to Category II based on interactions with humpback and gray
whales. Interactions with humpback whales off the CA coast are likely
to exceed 1 percent of PBR (PBR = 1.9). At least 14 large whales were
documented entangled in this gear type from 2000-2005.
Response: NMFS is aware of interactions between humpback and gray
whales and pot and trap gear. The 2005 Pacific SAR indicates that there
were six Eastern North Pacific humpback whales observed killed or
injured between 1999 and 2003 attributed to unidentified fisheries.
This results in a mean annual take of more than 1.2 humpback whales per
year, which is greater than 1 percent of this stock's PBR of 2.3. Based
upon available data from the California Marine Mammal Stranding Network
Database, which is currently being reviewed and updated, five humpbacks
were observed entangled in pot or trap gear between 1999 and 2003. Thus
NMFS has initiated a review of the trap/pot fisheries to determine
whether recategorization of the CA lobster, prawn, shrimp, rock crab,
fish pot fishery or the WA/OR/CA crab pot fishery is appropriate. At
this time, NMFS has insufficient information on the spatial and
temporal distribution on these various fisheries to determine which
fisheries may be interacting with marine mammals, particularly humpback
whales. Stranding reports from the stranding network are not
necessarily a reliable identifier of fishing gear types as it is
difficult to distinguish different pot and trap gears from surface
observations of line and floats. Therefore, NMFS will work with the
States of California, Oregon, and Washington to characterize the state
and Federal fisheries that utilize these gear types, and review
observed marine mammal entanglement from stranding reports and limited
data from observer programs, to determine which pot and trap fisheries
are most likely to interact with marine mammals. NMFS will also
consider if the current fishery descriptions should be adjusted to more
accurately reflect spatial and temporal differences in the various pot
and trap gear fisheries, the regulatory authority for the fisheries,
and the likelihood of
[[Page 14473]]
interactions with marine mammals. NMFS will work with the states and
the Pacific Fisheries Management Council during this process and make
recommendations on fishery recategorizations once sufficient
information has been collected and analyzed.
Comment 19: One commenter recommended NMFS observe the category III
CA halibut bottom trawl fishery and reevaluate classification once
reliable information on interactions with marine mammals becomes
available. This fishery is similar to the WA/OR/CA groundfish trawl
fishery, also Category III, which is known to interact with several
marine mammal species.
Response: NMFS is planning to place observers on the CA halibut
bottom trawl fishery beginning in 2007. Because this fishery has not
been previously observed, NMFS reviewed the bottom trawl groundfish
observer data and classified the CA halibut bottom trawl fishery as a
Category III fishery based upon the level of interactions with marine
mammals and by analogy to the WA/OR/CA groundfish trawl fishery based
upon fishing methods and gear used. As of 2006, the State of California
requires a license for vessels participating in the previously open-
access CA halibut bottom trawl fishery. Thus NMFS will be able to
deploy observers in this fleet starting in January 2007. Once the data
are collected and analyzed, NMFS will re-evaluate the CA halibut bottom
trawl fishery to determine if recategorization on the LOF is
appropriate.
Comment 20: One commenter recommended NMFS reclassify the category
I HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic sharks
longline/set line fishery as Category II, given the lack of evidence of
geographic isolation or genetic distinction among ``stocklet''
populations of false killer whales in the U.S. Exclusive Economic Zone
(EEZ) and false killer whales on the high seas, and given the genetic
evidence of central and eastern Pacific stock overlap. Genetic samples
taken by NMFS observers indicate substantial mixing and genetic overlap
between central and eastern Pacific stocks. Therefore, false killer
whales that interact with the Hawaii-based longline fisheries are not
clearly identifiable as part of the HI EEZ or central Pacific stock. It
inappropriate to charge all mortalities or serious injuries by HI-based
longline fisheries against a HI EEZ stock when it is clear that some
genetic samples of the injured or killed whales cannot be tracked to a
genetically distinct HI population.
The commenter also noted errors and uncertainties in the false
killer whale SARs, which underestimate false killer whale abundance and
overestimate the seriousness of the HI longline fishery interactions
with this species. NMFS improperly divides the central Pacific false
killer whale stock into two stocklets, artificially reducing the
abundance numbers against which HI longline fishery interactions are
considered.
NMFS should also: (1) base final SAR and LOF decisions on a single,
combined central Pacific stock of false killer whales across the HI and
Palmyra Atoll EEZs and the central Pacific; (2) recognize the size of
this single false killer whale stock is greater than the sum of the
estimated populations of ``stocklets'' in the HI and Palmyra Atoll EEZs
(i.e. >1813 animals); (3) derive values for minimum false killer whale
population estimates and PBR levels based on the combined population
numbers in the HI and Palmyra Atoll EEZs and the central Pacific; and
(4) apportion mean annual take estimates attributable to the HI-based
longline fisheries between a central and eastern false killer whale
stock consistent with ongoing tissue sampling. This approach would
result in an overall PBR for the single stock as 10.1 (2.4 for the HI
EEZ + 7.7 for the Palmyra Atoll EEZ). With these changes HI-based
longline fisheries would be well below 50 percent of PBR, qualifying
the fishery for reclassification as a Category II. Also, a Category II
classification would not affect the observer program requirements,
which are a consequence of Endangered Species Act (ESA) consultation
requirements.
Response: Genetic analyses of tissue samples collected within the
Eastern North Pacific (ENP) indicate restricted gene flow between false
killer whales sampled near the main Hawaiian Islands and false killer
whales sampled in all other regions of the ENP (Chivers et al., 2006).
False killer whales sampled at Palmyra Atoll appear more closely
related to animals sampled in the waters of the pelagic ENP, Panama,
and Mexico (Chivers et al., 2006). Thus, false killer whales occurring
near Palmyra Atoll may be part of a larger stock covering a broad
geographic area within the central and eastern North Pacific.
Since 2003, observers of the Hawaii-based longline fishery have
also been collecting tissue samples of incidentally caught cetaceans
for genetic analysis whenever possible. Four false killer whale
samples, two collected outside the Hawaiian EEZ and two collected more
than 100 nautical miles from the main Hawaiian Islands, were determined
to have ENP-like haplotypes. This suggests that false killer whales
within the Hawaiian EEZ belong to two stocks, with a boundary somewhere
within the Hawaiian EEZ. Efforts are currently underway to obtain and
analyze additional tissue samples of false killer whales for further
studies of population structure in the North Pacific Ocean.
Therefore, for the MMPA SARs, there are currently two Pacific
Island Region management stocks. One includes animals found within the
U.S. EEZ of the Hawaiian Islands, the other includes false killer
whales found with the U.S. EEZ of Palmyra Atoll. Estimates of
abundance, PBR levels, and status determinations are analyzed
separately. Abundance estimates are based upon established scientific
methods have been peer-reviewed and accepted by the Pacific SRG. The
marine mammal stock assessment process under the MMPA was specifically
designed to allow for levels of uncertainty similar to those observed
for false killer whales.
Furthermore, NMFS has previously responded to a similar comment in
our List of Fisheries for 2004 (69 FR 48407, August 10, 2004). In our
Response to Comment 17 (69 FR 48413), NMFS stated: ``The Hawaiian stock
of false killer whales is considered a strategic stock under the MMPA
because fishery related mortality and serious injury exceeds the PBR
level for this stock (see 16 U.S.C. 1362(19)). Genetic analysis of
samples from false killer whales in the North Pacific Ocean indicates
population structure, but geographic boundaries of the various
populations cannot yet be identified. However, the evidence for
reproductive isolation and strong genetic differentiation of
individuals sampled around Hawaii from individuals sampled in the ETP
(Eastern Tropical Pacific) is solid. Furthermore, NMFS' current
mortality and serious injury estimates are based only on takes within
the U.S. EEZ and compared to PBR levels derived from abundance
estimates for waters within the U.S. EEZ. In addition, even if the
actual boundaries of the Hawaiian stock of false killer whales extended
beyond the EEZ, the strategic status of the stock would not be changed.
NMFS' guidelines for preparing marine mammal stock assessment reports
contain specific instructions for calculating PBR of trans-boundary
stocks. (The guidelines are available in electronic form at http://nmml.afsc.noaa.gov/library/gammsrep/gammsrep.htm). In cases such as
false killer whales in the Hawaiian EEZ, where the stock could extend
into international waters, the PBR would be
[[Page 14474]]
based on the abundance of animals within the EEZ. This guideline was
established to prevent underestimating the effects of mortality and
serious injury incidental to U.S. fisheries in international waters
where unknown levels of additional human-caused mortality and serious
injury (e.g., incidental to foreign fisheries in the same waters) may
also be affecting the stock. NMFS does, however, plan to try to obtain
additional genetic samples from a broader geographic range to help
define stock boundaries.''
Comments on Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Comment 21: Two commenters supported reclassification of the mid-
Atlantic mid-water trawl fishery from category I to category II and
supported findings that this fishery does not pose a serious risk or
contribute to the mortality or serious injury of common dolphins,
Western North Atlantic (WNA) stock, and long- and short-finned pilot
whales, WNA stock. One commenter encouraged NMFS to maintain adequate
observer coverage to provide robust estimates of mortality and serious
injury, particularly to inform the Atlantic Trawl Gear Take Reduction
Team (ATGTRT).
Response: Based on a recommendation made by the ATGTRT (September
2006), NMFS re-evaluated the classification of the mid-Atlantic mid-
water trawl fishery as a Category I fishery on the LOF. After
conducting a tier analysis, NMFS determined that reclassification as a
Category II fishery is warranted.
It should be noted that the MMPA establishes a requirement that the
level of incidental mortality and serious injury of marine mammals be
reduced to insignificant levels approaching a zero rate, commonly
referred to as the Zero Mortality Rate Goal (ZMRG). NMFS has
established a threshold level for mortality and serious injury to meet
the insignificance threshold requirement. NMFS has defined the
insignificance threshold as 10 percent of the PBR level for a stock of
marine mammals (69 FR 43338, July 20, 2004). Since the mid-Atlantic
mid-water trawl fishery is a Category II fishery and the annual
mortality and serious injury level is above the insignificance
threshold, it remains subject to future TRPs developed by the ATGTRT.
NMFS will continue to allocate observer coverage to the maximum
extent possible to meet MMPA requirements. NMFS will also try to make
the best use of available resources by using existing research
programs, programs operated by states or other authorities, or
alternative programs where statistically reliable information can be
obtained.
Comment 22: One commenter requested further evidence of additional
species being targeted with trap/pot gear in the mid-Atlantic region.
It is unclear from the text in the proposed rule (71 FR 70339, December
4, 2006) which species are being added to the list of target species in
the Atlantic mixed species trap/pot fishery.
Response: Clarification on which targeted species are being
included in the expansion of species associated with the Atlantic mixed
species trap/pot fishery can be found in the proposed 2007 LOF (71 FR
70346, December 4, 2006). NMFS added the category II Atlantic mixed
species trap/pot fishery to the 2003 LOF to encompass the Northeast
trap/pot fishery, the mid-Atlantic mixed species trap/pot fishery, the
U.S. mid-Atlantic and Southeast U.S. Atlantic black sea bass trap/pot
fisheries and any other trap/pot fisheries otherwise not identified in
the LOF, based on the use of similar gear and the potential for marine
mammal entanglements. NMFS has recently become aware of additional
species being targeted in this fishery including but not limited to:
hagfish, shrimp, conch/whelk, red crab, Jonah crab, rock crab, black
sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch),
white hake, spot, skate, catfish and American eel (not included in the
LOF's U.S. mid-Atlantic eel trap/pot fishery description) (71 FR 70346,
December 4, 2006).
Evidence for this decision can be found in the Draft Environmental
Impact Statement (DEIS) for Amending the Large Whale Take Reduction
Plan (ALWTRP): Broad-Based Gear Modifications (February 2005), chapter
4 titled ``Affected Environment''. This chapter includes the reasoning
for why the addition of these fisheries to the Atlantic mixed species
trap/pot gear fishery is warranted.
Comment 23: NMFS used ``anecdotal'' data to help make a category
determination for the Gulf of Maine Atlantic herring purse seine
fishery (71 FR 70347, December 4, 2006). NMFS should present the
objective criteria used to evaluate the legitimacy of anecdotal data
and how such use satisfies the requirements of the Data Quality Act.
Response: In the 2007 proposed LOF, NMFS proposed to remove the
Gulf of Maine/Bay of Fundy stock of harbor porpoises from the list of
species or stocks incidentally killed or seriously injured in the Gulf
of Maine Atlantic herring purse seine fishery. The rationale for the
removal of the harbor porpoise from this list comes from the most
recent SAR (2005) which highlights the most recent 5 years of data
(from 1999 2003) as well as anecdotal or historical information, as
records of interaction. According to the SAR, there is currently no
evidence indicating that harbor porpoises are killed or seriously
injured in the Gulf of Maine Atlantic herring purse seine fishery (71
FR 70347, December 4, 2006). The removal of harbor porpoises from the
list of species or stocks incidentally killed or injured has not
resulted in a change in the category determination for the Gulf of
Maine herring purse seine fishery, which is currently classified as a
Category III fishery.
In order for the agency to determine which species or stocks are
included as incidentally killed or seriously injured in a fishery, NMFS
reviews the marine mammal incidental serious injury and mortality
information presented in the most recent SARs for commercial fishing
operations. Historical and/or anecdotal information is presented in the
SARs to inform readers about past interactions and takes not observed
through the fishery observer program. This information is not factored
into the incidental take information that is collected through observer
data. SARs are based on the best scientific information available at
the time of preparation. The information contained in the SARs is
reviewed by regional SRGs who review the science that informs the SARs
and advise NMFS on population status and trends, stock structure,
uncertainties in the science, research needs, and other issues. NMFS
also reviewed other sources of new information, including marine mammal
stranding data, observer program data, fisher self-reports, and other
information that may not be included in the SARs (71 FR 70342, December
4, 2006).
Information evaluated by NMFS that is disseminated to the public is
required to comply with the Information Quality Act. The information
used to classify fisheries for the 2007 LOF has undergone a
predissemination review and is consistent with Information Quality Act
requirements and NOAA guidelines. In the predissemination review, NMFS
explains how the contents of the 2007 LOF meet the standards for
utility, integrity, and objectivity established in the Information
Quality Act and NOAA guidelines. The information in the 2007 LOF meets
the standards for utility because it provides current, updated
information on marine mammal
[[Page 14475]]
abundance and serious injury and mortality rates that is beneficial or
serviceable to the public and affected fisheries. The information in
the 2007 LOF is provided in a publicly accessible and broadly available
document, published in the Federal Register and available through paper
and electronic media, in which the updated information is an
improvement over previously available information. The contents of the
2007 LOF meet the standards for integrity because the 2007 LOF adheres
to the standards set out in the Computer Security Act and the
Government Information Security Reform Act for electronic information
disseminated by NOAA. The information in the 2007 LOF also meets the
standards for objectivity. The LOF is categorized as a natural resource
plan for purposes of Information Quality Act compliance, an information
product that is prescribed by law and has content, structure, and
public review processes based upon published standards. The 2007 LOF
meets the standards for objectivity because it is published in
compliance with the requirements of the MMPA, National Environmental
Policy Act, Endangered Species Act, Coastal Zone Management Act,
Administrative Procedures Act, Paperwork Reduction Act, and Executive
Orders 13132 and 12866. The 2007 LOF is supported by the best available
information, which has been reviewed by independent technically
qualified individuals (i.e., SRG members) to ensure that the
information is valid, complete, unbiased, and relevant. The peer review
process of evaluating the SARs through the SRG allows the agency to
maximize the objectivity and utility of the information the SARs
promote.
Comment 24: One commenter supported the removal of superscript
(\1\) from bottlenose dolphin (WNA) and minke whale (Canadian east
coast) under the mid-Atlantic gillnet fishery.
Response: The superscript (\1\) next to the offshore bottlenose
dolphins and minke whale stocks be removed under the mid-Atlantic
gillnet fishery. The superscript (\1\) was defined to denote if a stock
was responsible for a current fishery's classification (71 FR 70347,
December 4, 2006). The tier analysis conducted in 1996 that drove
classification of the mid-Atlantic gillnet fishery from category III to
category II focused on the incidental mortality and serious injury for
harbor porpoise, coastal bottlenose dolphin, and humpback whales (60 FR
67081, December 28, 1995). For reclassification to a category I
fishery, the tier analysis was based on coastal bottlenose dolphins (68
FR 1422, January 10, 2003). Though offshore bottlenose dolphins and
minke whales have the potential to interact with the mid-Atlantic
gillnet fishery, these species have not influenced the fishery
classification or its elevation; therefore, the superscript (1) has
been removed.
Comment 25: Two commenters viewed the category I Mid-Atlantic
gillnet fishery as too broad in classification. The definition
encompasses a large range of mesh sizes, areas, and gear deployments
(sink and anchored gillnet, drift net, stab net, etc). This fishery
should be stratified, perhaps by mesh size or target species.
Stratification would allow for more precise estimation of marine mammal
interactions by gear type and species targeted.
One commenter specifically recommended separating the bluefish and
croaker portions from the generic mid-Atlantic gillnet fishery and re-
designating each as either Category II or III. These fisheries have
developed into two separate and distinct directed fisheries that are
proven to pose little or no threat to marine mammals. The commenter
reiterated a previous request that NMFS perform a separate Tier
Analysis for both the bluefish and croaker portions of the mid-Atlantic
gillnet fishery.
Response: NMFS acknowledges the information provided by the
commenters on the potential for subdivisions within this fishery.
Typically NMFS has bundled different targeted species into groups based
on similar fishery characteristics unless there is information on
marine mammal interaction rates or fishery operation to warrant a
separate listing (see response to comment 4). Based on the best
available (peer reviewed) information, NMFS does not find it
appropriate to subdivide the bluefish and/or croaker mid-Atlantic
gillnet fisheries at this time. The information currently available on
the composition and distribution of the mid-Atlantic gillnet fishery
and its incidental take levels is insufficient to identify distinct
subcomponents of this fishery based on mesh size, area, or type of gear
deployment. NMFS will investigate whether or not evidence exists to
separate the bluefish and croaker portions of the mid-Atlantic gillnet
fishery based on the criteria addressed above. If a reclassification is
warranted, NMFS will propose these changes in a future LOF.
Comment 26: One commenter supported the addition of the mid-
Atlantic flynet fishery as a Category II and encouraged NMFS to place
observers aboard vessels in this fishery to obtain the necessary
information to assess the frequency of interactions.
Response: The mid-Atlantic flynet fishery has been observed
opportunistically out of Wanchese, NC. During observed trips, no marine
mammal takes were observed. Since this is a Category II fishery, NMFS
may place observers in the fishery to further assess the frequency of
marine mammal interactions; however, initiation of observer coverage is
dependent on resources. NMFS also notes that self-reporting of injuries
and mortalities of marine mammals by fishers is required by the MMPA.
For this purpose, NMFS developed the MMAP Mortality/Injury Report Form,
which is available at: http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reportin_form.pdf
Comment 27: One commenter requested further information and
description of the specific gear types used to list the mid-Atlantic
flynet fishery as a category II by analogy with other category II
bottom trawl fisheries.
Response: The flynet fishery was listed as a Category II fishery
because of its similarities to other Category II bottom trawl fisheries
in terms of gear configuration, seasons and areas fished, and target
species. As described in the proposed rule, flynets are high profile
trawls similar to bottom otter trawls, except that they fish just off
the bottom, rather than on the bottom. Fishermen use flynets to target
summer flounder, croaker, and weakfish in waters off North Carolina
from October through April. The flynet fishery is analogous to the
Category II mid-Atlantic bottom trawl fishery, which, as defined in the
LOF, includes any bottom trawl gear targeting a wide range of species,
including, but not limited to, monkfish, summer flounder (fluke),
winter flounder, silver hake (whiting), spiny dogfish, smooth dogfish,
scup, black sea bass, bluefish, and croaker. This fishery operates
year-round from Cape Cod, MA to Cape Hatteras, NC. Because of the
similarities between these two fisheries, they present a similar risk
of serious injury and mortality to marine mammals; therefore, the mid-
Atlantic flynet fishery warrants a Category II classification.
Comment 28: One commenter stated that several fisheries in the Gulf
of Mexico are known to injure and kill marine mammals, particularly
bottlenose dolphins. The commenter raised concern in previous letters
from 2003, 2004, 2005, and 2006, about the uncertainties of
interactions with Gulf of Mexico fisheries (in particular the Gulf of
Mexico blue crab trap/pot fishery and the Gulf of Mexico menhaden purse
seine fishery) and the
[[Page 14476]]
unreliable information about bottlenose dolphin stock structure in the
Gulf of Mexico. Since there is no evidence that research on bottlenose
dolphin stock structure will take place in the near future, NMFS should
expand its efforts to collect reliable information on interaction rates
of marine mammals incidental to Gulf of Mexico fisheries, with priority
given to an observer program for the Gulf of Mexico blue crab/trap pot
fishery and the Gulf of Mexico menhaden purse seine fishery.
Response: Investigating bottlenose dolphin stock structure in the
Gulf of Mexico is a high priority for NMFS, and efforts to update
abundance estimates are underway. For northern Gulf of Mexico coastal
stocks, aerial surveys began in January 2007 for the northern and
eastern stocks from the mouth of the Mississippi River Delta to Key
West, Florida. At least two abundance estimates per year are planned
for the Bays, Sounds, and Estuarine stocks for the northern Gulf of
Mexico. Additionally, a ship survey that will include the northern Gulf
of Mexico continental shelf stock is being planned for the summer of
2007.
More information is needed on interactions rates with marine
mammals in the Gulf of Mexico menhaden purse seine fishery. NMFS
recently elevated this fishery to Category II based on documented
serious injury and mortality to bottlenose dolphins. Because this is a
Category II fishery, NMFS may place observers in the fishery to better
assess the frequency of marine mammal interactions. While this fishery
is a high priority for observer coverage, initiation of observer
coverage is dependent on resources.
NMFS will continue to monitor blue crab fishing effort in the Gulf
of Mexico and evaluate bottlenose dolphin strandings for evidence of
trap/pot-related fishery interactions to determine the need for future
reclassification of the fishery. NMFS has made efforts to train
stranding responders in assessing and better documenting human
interactions, and will continue efforts to work with the Gulf of Mexico
Marine Fisheries Commission on outreach and derelict crab trap removals
to reduce the risk of trap/pot interactions with marine mammals.
Comment 29: Two commenters recommended NMFS elevate the Gulf of
Mexico blue crab trap/pot fishery to Category II based on the level of
bottlenose dolphin mortality and serious injury obtained from available
stranding data. The commenters also recommended NMFS elevate the Gulf
of Mexico menhaden purse seine fishery to Category I. One commenter
previously commented on the classification of these fisheries and the
need for an observer program to obtain more reliable information about
bottlenose stock structure and interactions with fisheries in the Gulf
of Mexico in letters from 2003, 2004, 2005, and 2006.
Response: More information is needed on interaction rates with
marine mammals in the Gulf of Mexico menhaden purse seine fishery, as
well as an increased understanding of stock structure of bottlenose
dolphins in this area. NMFS recently elevated this fishery to a
Category II based on documented serious injury and mortality to
bottlenose dolphins, thus, NMFS may place observers in the fishery to
better assess the frequency of marine mammal interactions. At this
time, NMFS believes that more information is needed prior to
considering elevating this fishery to Category I.
Comment 30: One commenter recommended that NMFS elevate the Gulf of
Mexico gillnet fishery to Category I.
Response: At this time, there is no evidence to support a Category
I classification for the Gulf of Mexico gillnet fishery. This fishery
is currently listed as a Category II based on analysis of bottlenose
dolphin stranding data. NMFS will continue to monitor fishing effort
and evaluate bottlenose dolphin strandings for evidence of gillnet-
related fishery interactions in the Gulf of Mexico to determine the
need for future reclassification of this fishery. As with other Gulf of
Mexico fisheries interacting with bottlenose dolphins, this fishery is
a high priority for observer coverage, but initiation of coverage is
dependent on resources.
Comment 31: One commenter recommended NMFS elevate the Caribbean
gillnet fishery to Category I because it is known to injure or kill
Antillean manatees, a highly endangered species. Therefore, any
mortality or serious injury results in levels above 50 percent of PBR.
Response: NMFS discussed this comment with the U.S. Fish and
Wildlife Service (USFWS), the agency with responsibility for the
Antillean manatee stock of the West Indian Manatee. The USFWS is unsure
of the source of information used by the commenter to support the
statement that the Caribbean gillnet fishery is ``known to injure or
kill Antillean manatees''. The commenter may have referenced the USFWS
SAR for the Antillean stock of the West Indian Manatee. This SAR
expresses concern for the status of the Antillean manatee as it relates
to local fisheries. This SAR was written in 1995 and was reflective of
the best available information present at that time. The USFWS has not
updated this SAR since it was originally written. Pursuant to
publication of the USFWS' forthcoming ``Five-year Status Review of the
West Indian Manatee'' in 2007, which indicates that the status of
manatees within this region is improving, the USFWS plans to update and
revise the SAR for this stock. The revised SAR will incorporate the
best currently available information and should address concerns that
may be expressed regarding the impact of this fishery on the Antillean
manatee.
The USFWS reviewed its records pertaining to the Antillean manatee
within its range in Puerto Rico and the U.S. Virgin Islands. The latest
mortality information from the region indicates that no mortalities or
injuries from a historical fishery for manatees have been observed
since 1995. These records also document a single manatee death
attributed to an incidental entanglement in a gillnet over the same
period of time. Therefore, elevation of the Caribbean gillnet fishery
is not warranted at this time based on the low level of fisheries-
related interactions over the past 12 years, combined with recent
information suggesting that the status of manatees within this region
is improving.
Summary of Changes to the LOF for 2007
The following summarizes changes to the LOF for 2007 in fishery
classification, fisheries listed on the LOF, the number of participants
in a particular fishery, and the species and/or stocks that are
incidentally killed or seriously injured in a particular fishery. The
placement and definition of U.S. commercial fisheries for 2007 are
identical to those provided in the LOF for 2006 with the following
exceptions.
Commercial Fisheries in the Pacific Ocean
Fishery Classification
The ``AK Cook Inlet salmon set gillnet fishery'' is elevated
from Category III to Category II.
Addition of Fisheries to the LOF
The ``WA, OR sardine purse seine fishery'' is added to the LOF as a
Category III fishery.
The ``CA halibut bottom trawl fishery'' is added to the LOF as a
Category III fishery.
The ``CA tuna purse seine fishery'' is added to the LOF as a
Category II fishery.
[[Page 14477]]
The ``AK Cook Inlet salmon purse seine fishery'' is added to the
LOF as a Category II fishery.
The ``AK Kodiak salmon purse seine fishery'' is added to the LOF as
a Category II fishery.
Removal of Fisheries from the LOF
The ``CA sardine purse seine fishery'' is removed from the LOF.
The ``CA herring purse seine fishery'' is removed from the LOF.
Fishery Name and Organizational Changes and Clarifications
The definition of superscript (\1\)in ``Table 1- List of Fisheries
Commercial Fisheries in the Pacific Ocean'' is modified from
''...\1\...greater than 1 percent, but less than 50 percent of the
stock's PBR'' to read ''...\1\...greater than 1 percent of the stock's
PBR.''
The ``Hawaii gillnet fishery'' is renamed the ``Hawaii inshore
gillnet fishery''.
The ``Hawaii purse seine fishery'' is renamed the ``Hawaii inshore
purse seine fishery''.
The ``CA yellowtail, barracuda, white seabass, and tuna drift
gillnet (mesh size >3.5 inches and <14 inches) fishery'' is renamed the
``CA yellowtail, barracuda, and white seabass drift gillnet (mesh size
>3.5 inches and <14 inches) fishery''.
The ``CA anchovy, mackerel, tuna purse seine fishery'' and the ``CA
sardine purse seine fishery'' are reorganized by switching the sardine
and tuna portions of the fisheries. The end result is the ``CA anchovy,
mackerel, sardine purse seine fishery'' and the ``CA tuna purse seine
fishery''.
Number of Vessels/Persons
The estimated number of participants in the ``Commonwealth of
Northern Mariana Islands tuna troll fishery'' is updated to 88.
The estimated number of participants in the ``Guam tuna troll
fishery'' is updated to 401.
The estimated number of participants in the ``American Samoa
longline fishery'' is updated to 60.
The estimated number of participants in the ``Guam bottomfish
fishery'' is updated to 200.
The estimated number of participants in the ``HI Main Hawaiian
Islands, Northwestern Hawaiian Islands deepsea bottomfish fishery'' is
updated to 300. The waters surrounding the Northwestern Hawaiian
Islands (NWHI), out to a distance of approximately 50 nmi from the
islands, have been designated as part of the P pahanaumoku kea Marine
National Monument by Proclamation 8031 (June 15, 2006). Proclamation
8031 limits the number of bottomfish fishery participants in the
Monument to 8 commercial fishermen permitted at the time of designation
to fish for certain species within particular zones in the Monument.
These 8 permittees are authorized to continue fishing in the Monument
until June 15, 2011.
List of Species That are Incidentally Killed or Injured
The CA/OR/WA stocks of Baird's beaked whale, Cuvier's beaked whale,
Mesoplodont beaked whale, pygmy sperm whale, and striped dolphin, the
CA/OR/WA offshore stock of bottlenose dolphin, the Eastern North
Pacific offshore stock of killer whale, the San Miguel Island stock of
northern fur seal, and the Eastern U.S. stock of Steller sea lion are
removed from the list of marine mammal species and stocks incidentally
killed or injured by the ``CA/OR swordfish/thresher shark drift gillnet
fishery''. Also, the humpback whale stock from the list of marine
mammal species and stocks incidentally injured or killed is changed
from CA/OR/WA-Mexico to Eastern North Pacific.
The Eastern North Pacific stocks of humpback whale and gray whale,
and the CA stock of harbor seal are added to the list of marine mammal
species and stocks incidentally killed or injured in the ``CA lobster,
prawn, shrimp, rock crab, fish pot fishery''.
The Eastern North Pacific stock of humpback whale is added to the
list of marine mammal species and stocks incidentally killed or injured
in the ``WA, OR, CA crab pot fishery''.
Technical Corrections
The proposed LOF for 2007 contained multiple errors in Table 1,
``List of Fisheries Commercial Fisheries in the Pacific Ocean'', due to
technical difficulties in merging the proposed 2007 LOF document
between computers for printing in the Federal Register. These errors
have been corrected in this final rule. Errors corrected in Table 1, in
addition to general formatting errors, include:
Addition of the ``AK Cook Inlet salmon purse seine fishery'' as
Category II. The text of the proposed rule proposed to add this
fishery, but the addition was not reflected in Table 1.
Correction to the number of participants in the ``American Samoa
tuna troll fishery'' from >50 to <50. The 2007 LOF did not propose to
change the number of participants in this fishery; therefore, the
change in the table was incorrect.
Addition of the South Central Alaska stock of sea otters to the
list of marine mammal species or stocks incidentally killed or injured
in the ``AK Prince William Sound salmon drift gillnet fishery''. The
deletion of this stock from Table 1 was incorrect. This stock remains a
stock that is incidentally killed or injured in this fishery.
Deletion of common dolphin, stock unknown, from the list of marine
mammal species or stocks incidentally killed or injured in the ``CA
tuna purse seine fishery''. There are no documented takes of any marine
mammal species or stocks in this fishery.
Correction to the name change of the ``CA anchovy, mackerel,
sardine purse seine fishery''. This change was discussed in the text of
the proposed rule but was not reflected in Table 1.
Correction of the number of participants in the ``CA anchovy,
mackerel, sardine purse seine fishery''. Table 1 should read 100
participants, not 110 participants.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Fishery Classification
The ``Mid-Atlantic mid-water trawl (including pair trawl) fishery''
is recategorized from Category I to Category II.
Addition of Fisheries to the LOF
The ``Mid-Atlantic flynet fishery'' is added to the LOF as a
Category II.
Fishery Name and Organizational Changes and Clarifications
The definition of superscript (\1\)in Table 2, ``List of Fisheries
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean'' is modified from ''...\1\...greater than 1 percent, but
less than 50 percent of the stocks PBR'' to read ''...\1\...greater
than 1 percent of the stock's PBR.''
The definition of the ``Southeastern U.S. Atlantic shark gillnet
fishery'' is clarified to include fishermen using gillnets set in a
sink, stab, set, strike, or drift fashion to target sharks.
The definition of the ``Atlantic Ocean, Caribbean, Gulf of Mexico
large pelagics longline fishery'' is clarified to include fishermen
using pelagic longlines to target or land dolphin and wahoo.
The language defining the ``Northeast sink gillnet fishery'', the
``Northeast anchored float gillnet fishery'', and the ``Northeast drift
gillnet fishery'' is changed by removing ''...from the Maine/Canada
border through the waters east of 72[deg] 30' W...'' (62 FR 33, January
2, 1997) from all three fisheries descriptions and replacing this with
''...from the U.S./Canada border to Long Island, NY, at 72[deg] 30' W.
long. south to
[[Page 14478]]
36[deg] 33.03' N. lat. and east to the eastern edge of the EEZ...''.
The list of target species associated with the ``Northeast sink
gillnet fishery'' is expanded to include, but not be limited to: all
species defined in the Northeast Multispecies FMP (American plaice,
Atlantic cod, Atlantic halibut, haddock, ocean pout, offshore hake,
pollock, red hake [ling], redfish, silver hake [whiting], white hake,
windowpane flounder, winter flounder, witch flounder and yellowtail
flounder), spiny dogfish, monkfish, shad, skate and mackerel.
The list of target species associated with the ``Northeast anchored
float gillnet fishery'' is expanded to include, but not be limited to:
shad, herring, mackerel and menhaden.
The list of target species associated with the ``Northeast drift
gillnet fishery'' is expanded to include, but not be limited to: shad,
herring, mackerel and menhaden.
The list of target species associated with the ``Mid-Atlantic
gillnet fishery'' is expanded to include, but not be limited to:
Atlantic croaker, mackerel, black drum, bluefish, herring, menhaden,
scup, shad, striped bass, weakfish, white perch, yellow perch, shark
(large and small coastal shark, dogfish), and monkfish, spot, and
skate. Spot and skate were inadvertently deleted from the list of
targets species in the proposed 2007 LOF. Spot and skate are targets
species in this fishery and are added to the list of target species in
the final 2007 LOF.
The type of gear associated with the ``Mid-Atlantic gillnet
fishery'' is expanded to include gillnets set in a sink, stab, set,
strike, or drift fashion, and any residual large pelagic driftnet
effort in the mid-Atlantic.
The language defining the ``Mid-Atlantic gillnet fishery'' is
changed by removing ''...west of 72[deg] 30' W. and north of a line
extending due east from the North Carolina/South Carolina border...''
(62 FR 33, January 2, 1997) and replacing this with ''...west of a line
drawn at 72[deg] 30' W. long south to 36[deg] 33.03' N. lat. and east
to the eastern edge of the EEZ and north of the North Carolina/South
Carolina border...''.
NMFS clarifies in this final rule that the trap/pot effort
targeting stone crab off Georgia is part of the Category II ``Atlantic
Mixed Species Trap/Pot Fishery'', which includes all trap/pot
operations for species other than American lobster and blue crab from
the Maine/Canada border through the waters east of the fishery
management demarcation line between the Atlantic Ocean and the Gulf of
Mexico (50 CFR 600.105). After the comment period for the proposed 2007
LOF closed, NMFS became aware of emerging pot fishery for stone crab
operating in an area off Georgia not previously known to sustain a
directed stone crab fishery. Stone crab pot fishing off Georgia is not
considered part of the Category III ``Southeastern US Atlantic, Gulf of
Mexico Stone Crab Trap/Pot Fishery'' because that fishery is tied to
the Gulf of Mexico Stone Crab FMP, which only includes south Atlantic
waters as far north as Miami. Therefore, NMFS clarifies that the list
of target species associated with the ``Atlantic mixed species trap/pot
fishery'' is expanded to include, but not be limited to: hagfish,
shrimp, conch/whelk, red crab, Jonah crab, rock crab, black sea bass,
scup, tautog, cod, haddock, pollock, redfish (ocean perch), white hake,
spot, skate, catfish and American eel (not included in the LOF's ``U.S.
mid-Atlantic eel trap/pot fishery'' description), and stone crab.
Number of Vessels/Persons
The number of participants in the ``Southeastern U.S. Atlantic
shark gillnet fishery'' is updated to 30.
The number of participants in the ``Mid-Atlantic gillnet fishery''
is updated to >670.
List of Species That are Incidentally Killed or Injured
The superscript (\1\) is removed from the Western North Atlantic
stocks of common dolphins, long-finned pilot whales, and short-finned
pilot whales under the ``Mid-Atlantic mid-water trawl (including pair
trawl) fishery'' in Table 2.
The Western North Atlantic stock of Northern bottlenose whales is
added to the list of species and stocks incidentally killed or injured
in the ``Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery''.
The Gulf of Maine/Bay of Fundy stock of harbor porpoise is removed
from the list of species or stocks incidentally killed or injured in
the ``Mid-Atlantic haul/beach seine fishery''.
The Gulf of Maine/Bay of Fundy stock of harbor porpoise is removed
from the list of species or stocks incidentally killed or injured in
the ``Gulf of Maine Atlantic herring purse seine fishery''.
The superscript (\1\) is removed from the Western North Atlantic
offshore stock of bottlenose dolphin and the Canadian east coast stock
of minke whale under the ``Mid-Atlantic gillnet fishery'' in Table 2.
To correct a typographical error, the superscript (1) is
removed from the Western North Atlantic stock of harp seals under
the ``Northeast bottom trawl fishery'' in Table 2.
Technical Corrections
The proposed LOF for 2007 contained multiple formatting errors and
one substantive error in Table 2, ``List of Fisheries Commercial
Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean'', due
to technical difficulties in merging the proposed 2007 LOF document
between computers for printing in the Federal Register. These errors
have been corrected in Table 2 of this final rule. The substantive
error corrected removed the superscript (1) from the Western North
Atlantic stock of harp seal from the ``Northeast bottom trawl
fishery'', which was discussed in the text of the proposed 2007 LOF but
was not reflected in Table 2 of the proposed rule. The superscript (1)
has been removed from Table 2 in this final rule.
List of Fisheries
The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA. The
estimated number of vessels/participants is expressed in terms of the
number of active participants in the fishery, when possible. If this
information is not available, the estimated number of vessels or
persons licensed for a particular fishery is provided. If no recent
information is available on the number of participants in a fishery,
the number from the most recent LOF is used.
The tables also list the marine mammal species and stocks
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, and fisher reports. This list includes
all species or stocks known to experience mortality or injury in a
given fishery, but also includes species or stocks for which there are
anecdotal records of interaction. Additionally, species identified by
logbook entries may not be verified. Not all species or stocks
identified are the reason for a fishery's placement in a given
category. NMFS has designated those stocks that are responsible for a
current fishery's classification by a ``\1\''.
There are several fisheries classified in Category II that have no
recently documented interactions with marine mammals, or interactions
that did not result in a serious injury or mortality. Justifications
for placement of these fisheries, which are greater than 1 percent of a
stock's PBR level, are by analogy to other gear types that are known to
cause mortality or serious injury of marine mammals, as discussed
[[Page 14479]]
in the final LOF for 1996 (60 FR 67063, December 28, 1995), and
according to factors listed in the definition of a ``Category II
fishery'' in 50 CFR 229.2. NMFS has designated those fisheries
originally listed by analogy in Tables 1 and 2 by a ``\2\'' after the
fishery's name.
Table 1 lists commercial fisheries in the Pacific Ocean (including
Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf
of Mexico, and Caribbean.
Table 1 - List of Fisheries Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Estimated
of Marine mammal species and
Fishery Description vessels/ stocks incidentally
persons killed/injured
------------------------------------------------------------------------
Category I
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
CA angel shark/halibut and 58 California sea lion, U.S.
other species set gillnet(> Harbor seal, CA
3.5 in. mesh) Harbor porpoise, Central
CA\1\
Long-beaked common
dolphin, CA
Northern elephant seal,
CA breeding
Sea otter, CA
Short-beaked common
dolphin, CA/OR/WA
------------------------------------------------------------------------
CA/OR thresher shark/swordfish 85 California sea lion, U.S.
drift gillnet ([gteqt] 14 in. Dall's porpoise, CA/OR/WA
mesh) Fin whale, CA/OR/WA
Gray whale, Eastern North
Pacific
Humpback whale, Eastern
North Pacific
Long-beaked common
dolphin, CA
Northern elephant seal,
CA breeding
Northern right-whale
dolphin, CA/OR/WA
Pacific white-sided
dolphin, CA/OR/WA
Risso's dolphin, CA/OR/WA
Short-beaked common
dolphin, CA/OR/WA
Short-finned pilot whale,
CA/OR/WA\1\
Sperm whale, CA/OR/WA
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: ............ .........................
------------------------------------------------------------------------
HI swordfish, tuna, billfish, 140 Blainville's beaked
mahi mahi, wahoo, oceanic whale, HI
sharks longline/set line Bottlenose dolphin, HI
False killer whale, HI\1\
Humpback whale, Central
North Pacific
Pantropical spotted
dolphin, HI
Risso's dolphin, HI
Short-finned pilot whale,
HI
Spinner dolphin, HI
Sperm whale, HI
------------------------------------------------------------------------
Category II
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Bristol Bay salmon drift 1,903 Beluga whale, Bristol Bay
gillnet\2\ Gray whale, Eastern North
Pacific
Harbor seal, Bering Sea
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, North Pacific
Spotted seal, AK
Steller sea lion, Western
U.S.\1\
------------------------------------------------------------------------
AK Bristol Bay salmon set 1,014 Beluga whale, Bristol Bay
gillnet\2\ Gray whale, Eastern North
Pacific
Harbor seal, Bering Sea
Northern fur seal,
Eastern Pacific
Spotted seal, AK
------------------------------------------------------------------------
[[Page 14480]]
AK Cook Inlet salmon set 745 Beluga whale, Cook Inlet
gillnet Dall's porpoise, AK
Harbor porpoise, GOA
Harbor seal, GOA
Humpback whale, Central
North Pacific\1\
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK Cook Inlet salmon drift 576 Beluga whale, Cook Inlet
gillnet Dall's porpoise, AK
Harbor porpoise, GOA\1\
Harbor seal, GOA
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK Kodiak salmon set gillnet 188 Harbor porpoise, GOA\1\
Harbor seal, GOA
Sea otter, Southwest AK
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK Metlakatla/Annette Island 60 None documented
salmon drift gillnet\2\
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands 164 Dall's porpoise, AK
salmon drift gillnet\2\ Harbor porpoise, GOA
Harbor seal, GOA
Northern fur seal,
Eastern Pacific
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands 116 Harbor porpoise, Bering
salmon set gillnet\2\ Sea
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon 541 Dall's porpoise, AK
drift gillnet Harbor porpoise, GOA\1\
Harbor seal, GOA
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, North Pacific
Sea Otter, South Central
AK
Steller sea lion, Western
U.S.\1\
------------------------------------------------------------------------
AK Southeast salmon drift 481 Dall's porpoise, AK
gillnet Harbor porpoise,
Southeast AK
Harbor seal, Southeast AK
Humpback whale, Central
North Pacific\1\
Pacific white-sided
dolphin, North Pacific
Steller sea lion, Eastern
U.S.
------------------------------------------------------------------------
AK Yakutat salmon set 170 Gray whale, Eastern North
gillnet\2\ Pacific
Harbor seal, Southeast AK
Humpback whale, Central
North Pacific (Southeast
AK)
------------------------------------------------------------------------
CA yellowtail, barracuda, and 24 California sea lion, U.S.
white seabass drift gillnet Long-beaked common
fishery (mesh size > 3.5 dolphin, CA
inches and < 14 inches)\2\ Short-beaked common
dolphin, CA/OR/WA
------------------------------------------------------------------------
WA Puget Sound Region salmon 210 Dall's porpoise, CA/OR/WA
drift gillnet (includes all Harbor porpoise, inland
inland waters south of US- WA\1\
Canada border and eastward of Harbor seal, WA inland
the Bonilla-Tatoosh line-
Treaty Indian fishing is
excluded)
------------------------------------------------------------------------
PURSE SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Southeast salmon purse seine 416 Humpback whale, Central
North Pacific\1\
------------------------------------------------------------------------
AK Cook Inlet salmon purse 82 Humpback whale, Central
seine North Pacific\1\
------------------------------------------------------------------------
AK Kodiak salmon purse seine 370 Humpback whale, Central
North Pacific\1\
------------------------------------------------------------------------
CA anchovy, mackerel,sardine 100 Bottlenose dolphin, CA/OR/
purse seine WA offshore\1\
California sea lion, U.S.
Harbor seal, CA
------------------------------------------------------------------------
[[Page 14481]]
CA squid purse seine 65 Common dolphin, unknown
Short-finned pilot whale,
CA/OR/WA\1\
------------------------------------------------------------------------
CA tuna purse seine\2\ ............ None documented
------------------------------------------------------------------------
TRAWL FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 26 Bearded seal, AK
flatfish trawl Harbor porpoise, Bering
Sea
Harbor seal, Bering Sea
Killer whale, AK
resident\1\
Northern fur seal,
Eastern North Pacific
Spotted seal, AK
Steller sea lion, Western
U.S.\1\
Walrus, AK
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 120 Dall's porpoise, AK
pollock trawl Harbor seal, AK
Humpback whale, Central
North Pacific\1\
Humpback whale, Western
North Pacific\1\
Killer whale, Eastern
North Pacific, GOA,
Aleutian Islands, and
Bering Sea transient\1\
Minke whale, AK
Ribbon seal, AK
Spotted seal, AK
Steller sea lion, Western
U.S.\1\
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 114 Killer whale, AK
Pacific cod longline resident\1\
Killer whale, Eastern
North Pacific, GOA,
Aleutian Islands, and
Bering Sea transient\1\
Ribbon seal, AK
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
CA pelagic longline\2\ 6 California sea lion, U.S.
Risso's dolphin, CA/OR/WA
------------------------------------------------------------------------
OR swordfish floating 0 None documented
longline\2\
------------------------------------------------------------------------
OR blue shark floating 1 None documented
longline\2\
------------------------------------------------------------------------
POT, RING NET, AND TRAP ............ .........................
FISHERIES:
------------------------------------------------------------------------
AK Bering Sea sablefish pot 6 Humpback whale, Central
North Pacific\1\
Humpback whale, Western
North Pacific\1\
------------------------------------------------------------------------
Category III
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Kuskokwim, Yukon, Norton 1,922 Harbor porpoise, Bering
Sound, Kotzebue salmon gillnet Sea
------------------------------------------------------------------------
AK miscellaneous finfish set 3 Steller sea lion, Western
gillnet U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon 30 Harbor seal, GOA
set gillnet Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK roe herring and food/bait 2,034 None documented
herring gillnet
------------------------------------------------------------------------
CA set and drift gillnet 341 None documented
fisheries that use a stretched
mesh size of 3.5 in or less
------------------------------------------------------------------------
Hawaii inshore gillnet 35 Bottlenose dolphin, HI
Spinner dolphin, HI
------------------------------------------------------------------------
[[Page 14482]]
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA coast
gillnet (excluding treaty
Tribal fishing)
------------------------------------------------------------------------
WA, OR herring, smelt, shad, 913 None documented
sturgeon, bottom fish, mullet,
perch, rockfish gillnet
------------------------------------------------------------------------
WA, OR lower Columbia River 110 California sea lion, U.S.
(includes tributaries) drift Harbor seal OR/WA coast
gillnet
------------------------------------------------------------------------
WA Willapa Bay drift gillnet 82 Harbor seal, OR/WA coast
Northern elephant seal,
CA breeding
------------------------------------------------------------------------
PURSE SEINE, BEACH SEINE, ROUND ............
HAUL AND THROW NET FISHERIES:
------------------------------------------------------------------------
AK Metlakatla salmon purse 10 None documented
seine
------------------------------------------------------------------------
AK miscellaneous finfish beach 1 None documented
seine
------------------------------------------------------------------------
AK miscellaneous finfish purse 3 None documented
seine
------------------------------------------------------------------------
AK octopus/squid purse seine 2 None documented
------------------------------------------------------------------------
AK roe herring and food/bait 8 None documented
herring beach seine
------------------------------------------------------------------------
AK roe herring and food/bait 624 None documented
herring purse seine
------------------------------------------------------------------------
AK salmon beach seine 34 None documented
------------------------------------------------------------------------
AK salmon purse seine (except 953 Harbor seal, GOA
Southeast Alaska, which is in
Category II)
------------------------------------------------------------------------
WA, OR sardine purse seine 42 None documented
------------------------------------------------------------------------
HI Kona crab loop net 42 None documented
------------------------------------------------------------------------
HI opelu/akule net 12 None documented
------------------------------------------------------------------------
HI inshore purse seine 23 None documented
------------------------------------------------------------------------
HI throw net, cast net 14 None documented
------------------------------------------------------------------------
WA (all species) beach seine or 235 None documented
drag seine
------------------------------------------------------------------------
WA, OR herring, smelt, squid 130 None documented
purse seine or lampara
------------------------------------------------------------------------
WA salmon purse seine 440 None documented
------------------------------------------------------------------------
WA salmon reef net 53 None documented
------------------------------------------------------------------------
DIP NET FISHERIES: ............ .........................
------------------------------------------------------------------------
CA squid dip net 115 None documented
------------------------------------------------------------------------
WA, OR smelt, herring dip net 119 None documented
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES: ............ .........................
------------------------------------------------------------------------
CA marine shellfish aquaculture unknown None documented
------------------------------------------------------------------------
CA salmon enhancement rearing >1 None documented
pen
------------------------------------------------------------------------
CA white seabass enhancement 13 California sea lion, U.S.
net pens
------------------------------------------------------------------------
HI offshore pen culture 2 None documented
------------------------------------------------------------------------
OR salmon ranch 1 None documented
------------------------------------------------------------------------
[[Page 14483]]
WA, OR salmon net pens 14 California sea lion, U.S.
Harbor seal, WA inland
waters
------------------------------------------------------------------------
TROLL FISHERIES: ............ .........................
------------------------------------------------------------------------
AK North Pacific halibut, AK 1,530 (330 None documented
bottom fish, WA, OR, CA AK)
albacore, groundfish, bottom
fish, CA halibut non-salmonid
troll fisheries
------------------------------------------------------------------------
AK salmon troll 2,335 Steller sea lion, Eastern
U.S.
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
American Samoa tuna troll < 50 None documented
------------------------------------------------------------------------
CA/OR/WA salmon troll 4,300 None documented
------------------------------------------------------------------------
Commonwealth of the Northern 88 None documented
Mariana Islands tuna troll
------------------------------------------------------------------------
Guam tuna troll 401 None documented
------------------------------------------------------------------------
HI trolling, rod and reel 1,321 None documented
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 12 Killer whale, AK resident
Greenland turbot longline Killer whale, Eastern
North Pacific, GOA,
Aleutian Islands, and
Bering Sea transient
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 17 None documented
rockfish longline
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 63 None documented
sablefish longline
------------------------------------------------------------------------
AK Gulf of Alaska halibut 1,302 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 440 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska rockfish 421 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska sablefish 412 Sperm whale, North
longline Pacific
Steller sea lion, Eastern
U.S.
------------------------------------------------------------------------
AK halibut longline/set line 3,079 Steller sea lion, Western
(State and Federal waters) U.S.
------------------------------------------------------------------------
AK octopus/squid longline 7 None documented
------------------------------------------------------------------------
AK state-managed waters 731 None documented
groundfish longline/setline
(including sablefish,
rockfish, and miscellaneous
finfish)
------------------------------------------------------------------------
American Samoa longline 60 None documented
------------------------------------------------------------------------
WA, OR, CA groundfish, 367 None documented
bottomfish longline/set line
------------------------------------------------------------------------
WA, OR North Pacific halibut 350 None documented
longline/set line
------------------------------------------------------------------------
TRAWL FISHERIES: ............ .........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 8 Steller sea lion, Western
Atka mackerel trawl U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 87 Harbor seal, Bering Sea
Pacific cod trawl Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 9 None documented
rockfish trawl
------------------------------------------------------------------------
AK Gulf of Alaska flatfish 52 None documented
trawl
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 101 Steller sea lion, Western
trawl U.S.
------------------------------------------------------------------------
[[Page 14484]]
AK Gulf of Alaska pollock trawl 83 Fin whale, Northeast
Pacific
Northern elephant seal,
North Pacific
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
AK Gulf of Alaska rockfish 45 None documented
trawl
------------------------------------------------------------------------
AK food/bait herring trawl 3 None documented
------------------------------------------------------------------------
AK miscellaneous finfish otter 6 None documented
or beam trawl
------------------------------------------------------------------------
AK shrimp otter trawl and beam 58 None documented
trawl (statewide and Cook
Inlet)
------------------------------------------------------------------------
AK state-managed waters of Cook 2 None documented
Inlet, Kachemak Bay, Prince
William Sound, Southeast AK
groundfish trawl
------------------------------------------------------------------------
CA halibut bottom trawl 53 None documented
------------------------------------------------------------------------
WA, OR, CA groundfish trawl 585 California sea lion, U.S.
Dall's porpoise, CA/OR/WA
Harbor seal, OR/WA coast
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, CA/OR/WA
Steller sea lion, Eastern
U.S.
------------------------------------------------------------------------
WA, OR, CA shrimp trawl 300 None documented
------------------------------------------------------------------------
POT, RING NET, AND TRAP ............ .........................
FISHERIES:
------------------------------------------------------------------------
AK Aleutian Islands sablefish 8 None documented
pot
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 76 None documented
Pacific cod pot
------------------------------------------------------------------------
AK Bering Sea, Aleutian Islands 329 None documented
crab pot
------------------------------------------------------------------------
AK Gulf of Alaska crab pot unknown None documented
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 154 Harbor seal, GOA
pot
------------------------------------------------------------------------
AK Southeast Alaska crab pot unknown Humpback whale, Central
North Pacific (Southeast
AK)
------------------------------------------------------------------------
AK Southeast Alaska shrimp pot unknown Humpback whale, Central
North Pacific (Southeast
AK)
------------------------------------------------------------------------
AK octopus/squid pot 72 None documented
------------------------------------------------------------------------
AK snail pot 2 None documented
------------------------------------------------------------------------
CA lobster, prawn, shrimp, rock 608 Gray whale, Eastern North
crab, fish pot Pacific
Harbor seal, CA
Humpback whale, Eastern
North Pacific
Sea otter, CA
------------------------------------------------------------------------
OR, CA hagfish pot or trap 25 None documented
------------------------------------------------------------------------
WA, OR, CA crab pot 1,478 Humpback whale, Eastern
North Pacific
Gray whale, Eastern North
Pacific
------------------------------------------------------------------------
WA, OR, CA sablefish pot 176 None documented
------------------------------------------------------------------------
WA, OR shrimp pot/trap 254 None documented
------------------------------------------------------------------------
HI crab trap 22 None documented
------------------------------------------------------------------------
HI fish trap 19 None documented
------------------------------------------------------------------------
HI lobster trap 0 Hawaiian monk seal
------------------------------------------------------------------------
HI shrimp trap 5 None documented
------------------------------------------------------------------------
[[Page 14485]]
HANDLINE AND JIG FISHERIES: ............ .........................
------------------------------------------------------------------------
AK miscellaneous finfish 100 None documented
handline and mechanical jig
------------------------------------------------------------------------
AK North Pacific halibut 93 None documented
handline and mechanical jig
------------------------------------------------------------------------
AK octopus/squid handline 2 None documented
------------------------------------------------------------------------
American Samoa bottomfish <50 None documented
------------------------------------------------------------------------
Commonwealth of the Northern <50 None documented
Mariana Islands bottomfish
------------------------------------------------------------------------
Guam bottomfish 200 None documented
------------------------------------------------------------------------
HI aku boat, pole and line 4 None documented
------------------------------------------------------------------------
HI Main Hawaiian Islands, 300 Hawaiian monk seal
Northwest Hawaiian Islands
deep sea bottomfish
------------------------------------------------------------------------
HI inshore handline 307 None documented
------------------------------------------------------------------------
HI tuna handline 298 Hawaiian monk seal
------------------------------------------------------------------------
WA groundfish, bottomfish jig 679 None documented
------------------------------------------------------------------------
Western Pacific squid jig 6 None documented
------------------------------------------------------------------------
HARPOON FISHERIES: ............ .........................
------------------------------------------------------------------------
CA swordfish harpoon 30 None documented
------------------------------------------------------------------------
POUND NET/WEIR FISHERIES: ............ .........................
------------------------------------------------------------------------
AK herring spawn on kelp pound 452 None documented
net
------------------------------------------------------------------------
AK Southeast herring roe/food/ 3 None documented
bait pound net
------------------------------------------------------------------------
WA herring brush weir 1 None documented
------------------------------------------------------------------------
BAIT PENS: ............ .........................
------------------------------------------------------------------------
WA/OR/CA bait pens 13 California sea lion, U.S.
------------------------------------------------------------------------
DREDGE FISHERIES: ............ .........................
------------------------------------------------------------------------
Coastwide scallop dredge 108 (12 AK) None documented
------------------------------------------------------------------------
DIVE, HAND/MECHANICAL ............ .........................
COLLECTION FISHERIES:
------------------------------------------------------------------------
AK abalone 1 None documented
------------------------------------------------------------------------
AK clam 156 None documented
------------------------------------------------------------------------
WA herring spawn on kelp 4 None documented
------------------------------------------------------------------------
AK dungeness crab 3 None documented
------------------------------------------------------------------------
AK herring spawn on kelp 363 None documented
------------------------------------------------------------------------
AK urchin and other fish/ 471 None documented
shellfish
------------------------------------------------------------------------
CA abalone 111 None documented
------------------------------------------------------------------------
CA sea urchin 583 None documented
------------------------------------------------------------------------
HI black coral diving 1 None documented
------------------------------------------------------------------------
HI fish pond N/A None documented
------------------------------------------------------------------------
[[Page 14486]]
HI handpick 37 None documented
------------------------------------------------------------------------
HI lobster diving 19 None documented
------------------------------------------------------------------------
HI squiding, spear 91 None documented
------------------------------------------------------------------------
WA, CA kelp 4 None documented
------------------------------------------------------------------------
WA/OR sea urchin, other clam, 637 None documented
octopus, oyster, sea cucumber,
scallop, ghost shrimp hand,
dive, or mechanical collection
------------------------------------------------------------------------
WA shellfish aquaculture 684 None documented
------------------------------------------------------------------------
COMMERCIAL PASSENGER FISHING ............ .........................
VESSEL (CHARTER BOAT)
FISHERIES:
------------------------------------------------------------------------
AK, WA, OR, CA commercial >7,000 Killer whale, stock
passenger fishing vessel (1,107 AK) unknown
Steller sea lion, Eastern
U.S.
Steller sea lion, Western
U.S.
------------------------------------------------------------------------
HI charter vessel 114 None documented
------------------------------------------------------------------------
LIVE FINFISH/SHELLFISH ............ .........................
FISHERIES:
------------------------------------------------------------------------
CA finfish and shellfish live 93 None documented
trap/hook-and-line
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK - Alaska; CA -
California; GOA - Gulf of Alaska; HI - Hawaii; OR - Oregon; WA -
Washington; \1\ - Fishery classified based on serious injuries and
mortalities of this stock are greater than 1 percent of the stock's
PBR; \2\ - Fishery classified by analogy.
Table 2 - List of Fisheries Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Estimated
of Marine mammal species and
Fishery Description vessels/ stocks incidentally
persons killed/injured
------------------------------------------------------------------------
Category I
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
Mid-Atlantic gillnet >670 Bottlenose dolphin, WNA
coastal\1\
Bottlenose dolphin, WNA
offshore
Common dolphin, WNA
Gray seal, WNA
Harbor porpoise, GME/
BF\1\
Harbor seal, WNA
Harp seal, WNA
Humpback whale, Gulf of
Maine\1\
Long-finned pilot whale,
WNA
Minke whale, Canadian
east coast
Short-finned pilot whale,
WNA
White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast sink gillnet 341 Bottlenose dolphin, WNA
offshore
Common dolphin, WNA
Fin whale, WNA
Gray seal, WNA
Harbor porpoise, GME/
BF\1\
Harbor seal, WNA
Harp seal, WNA
Hooded seal, WNA
Humpback whale, WNA\1\
Minke whale, Canadian
east coast\1\
North Atlantic right
whale, WNA\1\
Risso's dolphin, WNA
White-sided dolphin, WNA
------------------------------------------------------------------------
[[Page 14487]]
LONGLINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Atlantic Ocean, Caribbean, Gulf 94 Atlantic spotted dolphin,
of Mexico large pelagics Northern GMX
longline Atlantic spotted dolphin,
WNA
Bottlenose dolphin, GMX
outer continental shelf
Bottlenose dolphin, GMX,
continental shelf edge
and slope
Bottlenose dolphin, WNA
offshore
Common dolphin, WNA
Cuvier's beaked whale,
WNA
Long-finned pilot whale,
WNA\1\
Mesoplodon beaked whale,
WNA
Northern bottlenose
whale, WNA
Pantropical spotted
dolphin, Northern GMX
Pantropical spotted
dolphin, WNA
Pygmy sperm whale, WNA\1\
Risso's dolphin, Northern
GMX
Risso's dolphin, WNA
Short-finned pilot whale,
Northern GMX
Short-finned pilot whale,
WNA\1\
------------------------------------------------------------------------
TRAP/POT FISHERIES: ............ .........................
------------------------------------------------------------------------
Northeast/Mid-Atlantic American 13,000 Fin whale, WNA
lobster trap/pot Harbor seal, WNA
Humpback whale, WNA\1\
Minke whale, Canadian
east coast\1\
North Atlantic right
whale, WNA\1\
------------------------------------------------------------------------
Category II
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
Chesapeake Bay inshore 45 None documented
gillnet\2\
------------------------------------------------------------------------
Gulf of Mexico gillnet\2\ 724 Bottlenose dolphin,
Eastern GMX coastal
Bottlenose dolphin, GMX
bay, sound, and
estuarine
Bottlenose dolphin,
Northern GMX coastal
Bottlenose dolphin,
Western GMX coastal
------------------------------------------------------------------------
North Carolina inshore gillnet 94 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
Northeast anchored float 133 Harbor seal, WNA
gillnet\2\ Humpback whale, WNA
White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast drift gillnet\2\ unknown None documented
------------------------------------------------------------------------
Southeast Atlantic gillnet\2\ 779 Bottlenose dolphin, WNA
coastal
------------------------------------------------------------------------
Southeastern U.S. Atlantic 30 Atlantic spotted dolphin,
shark gillnet WNA
Bottlenose dolphin, WNA
coastal\1\
North Atlantic right
whale, WNA
------------------------------------------------------------------------
TRAWL FISHERIES: ............ .........................
------------------------------------------------------------------------
Mid-Atlantic mid-water trawl 620 Bottlenose dolphin, WNA
(including pair trawl) offshore
Common dolphin, WNA
Long-finned pilot whale,
WNA
Risso's dolphin, WNA
Short-finned pilot whale,
WNA
White-sided dolphin,
WNA\1\
------------------------------------------------------------------------
Mid-Atlantic bottom trawl >1,000 Common dolphin, WNA\1\
Long-finned pilot whale,
WNA\1\
Short-finned pilot whale,
WNA\1\
------------------------------------------------------------------------
Mid-Atlantic flynet\2\ 21 None documented
------------------------------------------------------------------------
[[Page 14488]]
Northeast mid-water trawl 17 Harbor seal, WNA
(including pair trawl) Long-finned pilot whale,
WNA\1\
Short-finned pilot whale,
WNA\1\
White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast bottom trawl 1,052 Common dolphin, WNA
Harbor porpoise, GME/BF
Harp seal, WNA
Long-finned pilot whale,
WNA
Short-finned pilot whale,
WNA
White-sided dolphin,
WNA\1\
------------------------------------------------------------------------
TRAP/POT FISHERIES: ............ .........................
------------------------------------------------------------------------
Atlantic blue crab trap/pot >16,000 Bottlenose dolphin, WNA
coastal\1\
West Indian manatee,
FL\1\
------------------------------------------------------------------------
Atlantic mixed species trap/ unknown Fin whale, WNA
pot\2\ Humpback whale, Gulf of
Maine
------------------------------------------------------------------------
PURSE SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Gulf of Mexico menhaden purse 50 Bottlenose dolphin,
seine Eastern GMX coastal
Bottlenose dolphin, GMX
bay, sound, estuarine
Bottlenose dolphin,
Northern GMX coastal\1\
Bottlenose dolphin,
Western GMX coastal
------------------------------------------------------------------------
Mid-Atlantic menhaden purse 22 Bottlenose dolphin, WNA
seine\2\ coastal
------------------------------------------------------------------------
HAUL/BEACH SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Mid-Atlantic haul/beach seine 25 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
North Carolina long haul seine 33 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
STOP NET FISHERIES: ............ .........................
------------------------------------------------------------------------
North Carolina roe mullet stop 13 Bottlenose dolphin, WNA
net coastal\1\
------------------------------------------------------------------------
POUND NET FISHERIES: ............ .........................
------------------------------------------------------------------------
Virginia pound net 187 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
Category III
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
Caribbean gillnet >991 Dwarf sperm whale, WNA
West Indian manatee,
Antillean
------------------------------------------------------------------------
Delaware River inshore gillnet 60 None documented
------------------------------------------------------------------------
Long Island Sound inshore 20 None documented
gillnet
------------------------------------------------------------------------
Rhode Island, southern 32 None documented
Massachusetts (to Monomoy
Island), and New York Bight
(Raritan and Lower New York
Bays) inshore gillnet
------------------------------------------------------------------------
Southeast Atlantic inshore unknown None documented
gillnet
------------------------------------------------------------------------
TRAWL FISHERIES: ............ .........................
------------------------------------------------------------------------
Atlantic shellfish bottom trawl 972 None documented
------------------------------------------------------------------------
Gulf of Mexico butterfish trawl 2 Bottlenose dolphin,
Northern GMX outer
continental shelf
Bottlenose dolphin,
Northern GMX continental
shelf edge and slope
------------------------------------------------------------------------
Gulf of Mexico mixed species 20 None documented
trawl
------------------------------------------------------------------------
[[Page 14489]]
Southeastern U.S. Atlantic, >18,000 Bottlenose dolphin,
Gulf of Mexico shrimp trawl Eastern GMX coastal
Bottlenose dolphin,
Western GMX coastal
Bottlenose dolphin, GMX
bay, sound, estuarine
West Indian Manatee, FL
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES: ............ .........................
------------------------------------------------------------------------
Finfish aquaculture 48 Harbor seal, WNA
------------------------------------------------------------------------
Shellfish aquaculture unknown None documented
------------------------------------------------------------------------
PURSE SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Gulf of Maine Atlantic herring 30 Harbor seal, WNA
purse seine Gray seal, WNA
------------------------------------------------------------------------
Gulf of Maine menhaden purse 50 None documented
seine
------------------------------------------------------------------------
Florida west coast sardine 10 Bottlenose dolphin,
purse seine Eastern GMX coastal
------------------------------------------------------------------------
U.S. Atlantic tuna purse seine 5 Long-finned pilot whale,
WNA
Short-finned pilot whale,
WNA
------------------------------------------------------------------------
U.S. Mid-Atlantic hand seine >250 None documented
------------------------------------------------------------------------
LONGLINE/HOOK-AND-LINE ............ .........................
FISHERIES:
------------------------------------------------------------------------
Northeast/Mid-Atlantic bottom 46 None documented
longline/hook-and-line
------------------------------------------------------------------------
Gulf of Maine, U.S. Mid- 26,223 Humpback whale, WNA
Atlantic tuna, shark swordfish
hook-and-line/harpoon
------------------------------------------------------------------------
Southeastern U.S. Atlantic, >5,000 None documented
Gulf of Mexico, and Caribbean
snapper-grouper and other reef
fish bottom longline/hook-and-
line
------------------------------------------------------------------------
Southeastern U.S. Atlantic, <125 None documented
Gulf of Mexico shark bottom
longline/hook-and-line
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 1,446 None documented
Gulf of Mexico, and Caribbean
pelagic hook-and-line/harpoon
------------------------------------------------------------------------
TRAP/POT FISHERIES ............ .........................
------------------------------------------------------------------------
Caribbean mixed species trap/ >501 None documented
pot
------------------------------------------------------------------------
Caribbean spiny lobster trap/ >197 None documented
pot
------------------------------------------------------------------------
Florida spiny lobster trap/pot 2,145 Bottlenose dolphin,
Eastern GMX coastal
------------------------------------------------------------------------
Gulf of Mexico blue crab trap/ 4,113 Bottlenose dolphin,
pot Western GMX coastal
Bottlenose dolphin,
Northern GMX coastal
Bottlenose dolphin,
Eastern GMX coastal
Bottlenose dolphin, GMX
Bay, Sound, & Estuarine
West Indian manatee, FL
------------------------------------------------------------------------
Gulf of Mexico mixed species unknown None documented
trap/pot
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 10 None documented
Gulf of Mexico golden crab
trap/pot
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 4,453 None documented
Gulf of Mexico stone crab trap/
pot
------------------------------------------------------------------------
U.S. Mid-Atlantic eel trap/pot >700 None documented
------------------------------------------------------------------------
STOP SEINE/WEIR/POUND NET ............ .........................
FISHERIES:
------------------------------------------------------------------------
[[Page 14490]]
Gulf of Maine herring and 50 Gray seal, Northwest
Atlantic mackerel stop seine/ North Atlantic
weir Harbor porpoise, GME/BF
Harbor seal, WNA
Minke whale, Canadian
east coast
White-sided dolphin, WNA
------------------------------------------------------------------------
U.S. Mid-Atlantic crab stop 2,600 None documented
seine/weir
------------------------------------------------------------------------
U.S. Mid-Atlantic mixed species 751 None documented
stop seine/weir/pound net
(except the North Carolina roe
mullet stop net)
------------------------------------------------------------------------
DREDGE FISHERIES: ............ .........................
------------------------------------------------------------------------
Gulf of Maine mussel >50 None documented
------------------------------------------------------------------------
Gulf of Maine, U.S. Mid- 233 None documented
Atlantic sea scallop dredge
------------------------------------------------------------------------
U.S. Mid-Atlantic/Gulf of 7,000 None documented
Mexico oyster
------------------------------------------------------------------------
U.S. Mid-Atlantic offshore surf 100 None documented
clam and quahog dredge
------------------------------------------------------------------------
HAUL/BEACH SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Caribbean haul/beach seine 15 West Indian manatee,
Antillean
------------------------------------------------------------------------
Gulf of Mexico haul/beach seine unknown None documented
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 25 None documented
haul/beach seine
------------------------------------------------------------------------
DIVE, HAND/MECHANICAL ............ .........................
COLLECTION FISHERIES:
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico, 20,000 None documented
Caribbean shellfish dive, hand/
mechanical collection
------------------------------------------------------------------------
Gulf of Maine urchin dive, hand/ >50 None documented
mechanical collection
------------------------------------------------------------------------
Gulf of Mexico, Southeast unknown None documented
Atlantic, Mid-Atlantic, and
Caribbean cast net
------------------------------------------------------------------------
COMMERCIAL PASSENGER FISHING ............ .........................
VESSEL (CHARTER BOAT)
FISHERIES:
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico, 4,000 Bottlenose dolphin,
Caribbean commercial passenger Eastern GMX coastal
fishing vessel Bottlenose dolphin,
Northern GMX coastal
Bottlenose dolphin,
Western GMX coastal
Bottlenose dolphin, WNA
coastal
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: FL - Florida; GA -
Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - Gulf of Mexico; NC
- North Carolina; SC - South Carolina; TX - Texas; WNA - Western North
Atlantic; \1\ - Fishery classified based on serious injuries and
mortalities of this stock are greater than 1 percent of the stock's
PBR; \2\ - Fishery classified by analogy.
Classification
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule would not have a significant economic
impact on a substantial number of small entities. For convenience, the
factual basis leading to the certification is repeated below.
Under existing regulations, all fishers participating in Category I
or II fisheries must register under the MMPA, obtain an Authorization
Certificate, and pay a fee of $25 (with the exception of those in
regions with a registration process integrated with existing state and
Federal permitting processes). Additionally, fishers may be subject to
a Take Reduction Plan (TRP) and requested to carry an observer. The
Authorization Certificate authorizes the taking of marine mammals
incidental to commercial fishing operations. NMFS has estimated that
approximately 42,000 fishing vessels, most of which are small entities,
operate in Category I or II fisheries, and therefore, are required to
register. However, registration has been integrated with existing state
or Federal registration programs for the majority of these fisheries so
these fishers do not need to register separately under the MMPA.
Currently, less than 360 fishers register directly with NMFS under the
MMPA authorization program.
Though this final rule will affect approximately 360 small
entities, the $25 registration fee, with respect to anticipated
revenues, is not considered a significant economic impact. If a vessel
is requested to carry an observer, fishers will not incur any economic
costs associated with carrying that observer. As a result of this
certification,
[[Page 14491]]
an initial regulatory flexibility analysis was not prepared. In the
event that reclassification of a fishery to Category I or II results in
a TRP, economic analyses of the effects of that plan will be summarized
in subsequent rulemaking actions.
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. The collection of information
for the registration of fishers under the MMPA has been approved by the
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.15 hours per report for new registrants and 0.09 hours per
report for renewals). The requirement for reporting marine mammal
injuries or mortalities has been approved by OMB under OMB control
number 0648-0292 (0.15 hours per report). These estimates include the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing burden, to NMFS and OMB (see
ADDRESSES and SUPPLEMENTARY INFORMATION).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
An environmental assessment (EA) was prepared under the National
Environmental Policy Act (NEPA) for regulations to implement section
118 of the MMPA in June 1995. NMFS revised that EA relative to
classifying U.S. commercial fisheries on the LOF in December 2005. Both
the 1995 EA and the 2005 EA concluded that implementation of MMPA
section 118 regulations would not have a significant impact on the
human environment. This final rule would not make any significant
change in the management of reclassified fisheries, and therefore, this
final rule is not expected to change the analysis or conclusion of the
2005 EA. If NMFS takes a management action, for example, through the
development of a TRP, NMFS will first prepare an environmental
document, as required under NEPA, specific to that action.
This final rule will not affect species listed as threatened or
endangered under the Endangered Species Act (ESA) or their associated
critical habitat. The impacts of numerous fisheries have been analyzed
in various biological opinions, and this rule will not affect the
conclusions of those opinions. The classification of fisheries on the
LOF is not considered to be a management action that would adversely
affect threatened or endangered species. If NMFS takes a management
action, for example, through the development of a TRP, NMFS would
conduct consultation under ESA section 7 for that action.
This final rule will have no adverse impacts on marine mammals and
may have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This final rule will not affect the land or water uses or natural
resources of the coastal zone, as specified under section 307 of the
Coastal Zone Management Act.
References
Angliss, R.P., and D.P. DeMaster. 1998. Differentiating Serious and
Non-serious Injury of Marine Mammals Taken Incidental to Commercial
Fishing Operations: Report of the Serious Injury Workshop 1-2 April
1997, Silver Spring, Maryland. NOAA Technical Memorandum NMFS-OPR-13.
Chivers, S. J., Baird, R.W., McSweeney, D.J., Webster, D., Hedrick,
N.M. and Salinas, J.C. 2006. Genetic variation and evidence for
population structure in eastern North Pacific false killer whales
(Pseudorca crassidens). Submitted- Canadian Journal of Zoology.
Dated: March 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-5709 Filed 3-27-07; 8:45 am]
BILLING CODE 3510-22-S