Marine mammals: Commercial fisheries authorizations— Fisheries categorized according to frequency of incidental takes; 2007 list,

[Federal Register: December 4, 2006 (Volume 71, Number 232)]

[Proposed Rules]

[Page 70339-70359]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04de06-26]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 061106290-6290-01, 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: Proposed rule; request for comments.

SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its proposed List of Fisheries (LOF) for 2007, as required by the Marine Mammal Protection Act (MMPA). The proposed 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: Comments must be received by January 3, 2007.

ADDRESSES: Send comments to Chief, Marine Mammal Conservation Division, Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments may also be sent via email to 2007LOF.comments@noaa.gov or to the Federal eRulemaking portal: http://www.regulations.gov (follow instructions for submitting

comments).

Comments regarding the burden-hour estimates, or any other aspect of the collection of information requirements contained in this proposed rule, should be submitted in writing to Chief, Marine Mammal Conservation Division, Office of Protected Resources, NMFS, 1315 East- West Highway, Silver Spring, MD 20910 and to David Rostker, OMB, by fax to 202-395-7285 or by email to David_Rostker@omb.eop.gov.

See SUPPLEMENTARY INFORMATION for a listing of all Regional offices.

FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9328; Laura Engleby, Southeast Region, 727-824-5312; Elizabeth Petras, Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206- 526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Alecia Van Atta, Pacific Islands Region, 808-973-2937. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

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;

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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 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 serious injury or mortality 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 [FMP] or a Take Reduction Plan [TRP]). 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

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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 protected species 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 website: http://www.st.nmfs.gov/st4/nop/.

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

This proposed rule includes two tables that list all U.S. commercial fisheries by LOF Category. Table 1 lists all of the fisheries in the Pacific Ocean (including Alaska). Table 2 lists all of the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.

Am I Required to Register Under the MMPA?

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

How Do I Register?

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 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

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any applicable take reduction plans. Take reduction plan requirements can be found at 50 CFR 229.30-34.

Sources of Information Reviewed for the Proposed 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/.

Summary of Changes to the LOF for 2007

The following summarizes changes to the LOF in 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

AK Cook Inlet Salmon Set Gillnet Fishery

NMFS proposes to elevate the ``AK Cook Inlet salmon set gillnet fishery'' from Category III to Category II based on a documented serious injury/mortality of a Central North Pacific (CNP) humpback whale from entanglement in 2005. From 2001-2005, 17 documented serious injuries and mortalities of CNP humpback whales were directly attributable to commercial U.S. fisheries under state or Federal management. Therefore, annual average serious injury and mortality of this stock is 3.4 animals per year for the same period, or 26.36 percent of the PBR (PBR = 12.9). The single serious injury/mortality in the AK Cook Inlet salmon set gillnet fishery translates to an annual average mortality and serious injury of 0.2 animals per year, or 1.55 percent of the stock's PBR (PBR= 12.9). Category II classification is necessary based on the mean serious injury and mortality of humpback whale (CNP) exceeding 1 percent of its PBR. Consequently, NMFS proposes to elevate the AK Cook Inlet salmon set gillnet fishery to Category II. Addition of Fisheries to the LOF

WA, OR Sardine Purse Seine Fishery

NMFS proposes to add the ``WA, OR sardine purse seine fishery'' as a Category III fishery. This fishery has 42 participants. The 2006 LOF contains the California portion of the fishery in the Category II ``CA sardine purse seine fishery'' (proposed to be merged with the anchovy and mackerel portion of the ``CA anchovy, mackerel, tuna purse seine fishery'' to create the ``CA anchovy, mackerel, sardine purse seine fishery'' on the 2007 LOF). The Washington and Oregon portion of the sardine purse seine fishery should be listed separately because incidental taking of marine mammals in the this fishery has not been documented. Initially the coastwide sardine harvest guideline, distributed across the entire west coast Exclusive Economic Zone (EEZ), had separate allocations between the Federally managed limited entry fishery off California and the state regulated fisheries off Oregon and Washington. Observations made under the divided allocation indicated that the California portion of the fishery warranted listing as a Category II fishery, owing to rare incidental taking of California sea lions and by analogy with other Category II purse seine fisheries. However, no incidental take of marine mammals was observed in the northern portion of the fishery off Oregon and Washington. Harvest allocations for the two areas were combined in 2005, however fishing effort in the northern state-managed fishery is expected to remain limited in timing and area and the fishery should be listed separately to reflect that no incidental take has been documented.

Oregon and Washington issued 26 and 16 permits, respectively, for the fishery in 2004 and the fishery is managed as a limited entry fishery. Observer coverage in the sardine purse seine fishery in the Pacific Northwest, ranging from 4 to 27 percent between 2000-2004, documented no incidental take of marine mammals off Oregon and Washington. The absence of observed serious injuries or mortalities indicates there is a remote likelihood of serious injuries or mortalities in this fishery. Therefore, NMFS proposes to add this fishery to the LOF in Category III.

CA Halibut Bottom Trawl Fishery

NMFS proposes to add the ``CA halibut bottom trawl fishery'' as a Category III fishery. There has not been a Federal observer program initiated for this fishery and there are no documented marine mammal serious injury or mortalities incidental to this fishery.

The ``CA halibut bottom trawl fishery'' is currently an open-access fishery operating primarily outside state waters. This fishery is not part of the Federal Groundfish Fishery Management Plan (FMP), or any other FMP, and is therefore managed by the California Department of Fish and Game (CDFG) in both state and Federal waters. There is limited fishing allowed between one and three miles offshore within the halibut fishing grounds between Point Arguello and Point Mugu, California. In 2006, the CDFG implemented a permit program for this fishery. Approximately 125 vessels meet the minimum criteria established by CDFG for permit but only 53 permits have been issued.

CA Tuna Purse Seine Fishery

See discussion below under ``CA purse seine fisheries''.

AK Cook Inlet Salmon Purse Seine Fishery

NMFS proposes to add the ``AK Cook Inlet salmon purse seine fishery'' as a Category II based on a documented mortality of a Central North Pacific (CNP) humpback whale in this fishery. The LOF has never included this fishery, although it has existed under state management for many years. This

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fishery has 82 participants. This oversight is likely the result of an incomplete inclusion in the LOF of AK state-managed fisheries, as well as a lack of documented serious injuries or moralities in this fishery. NMFS assumes that this humpback whale belongs to the CNP stock based on the known distribution of the this stock, and because there is no known overlap of this fishery with the Western Central North Pacific stock of humpback whales.

From 2001-2005, 17 documented serious injuries and mortalities of CNP humpback whales were directly attributable to commercial U.S. fisheries under state or Federal management. Therefore, annual average serious injury and mortality of this stock is 3.4 animals per year for the same time period, or 26.36 percent of the PBR (PBR = 12.9). The single mortality in the AK Cook Inlet salmon purse seine fishery translates to an annual average mortality and serious injury of 0.2 animals per year, or 1.55 percent of the stock's PBR. Category II classification is necessary based on the mean serious injury and mortality of CNP humpback whales exceeding 1 percent of PBR. Consequently, NMFS proposes to add the AK Cook Inlet salmon purse seine fishery to the LOF as a Category II.

AK Kodiak Salmon Purse Seine Fishery

NMFS proposes to add the ``AK Kodiak salmon purse seine fishery'' as a Category II based on a documented mortality of a CNP humpback whale in this fishery. The LOF has never included this fishery, although it has existed under state management for many years. This fishery has 370 participants. This oversight is likely the result of an incomplete inclusion in the LOF of AK state-managed fisheries, as well as a lack of documented serious injuries or moralities in this fishery. NMFS assumes that this humpback whale belongs to the CNP stock based on the known distribution of the this stock, and because there is no known overlap of this fishery with the Western Central North Pacific stock of humpback whales.

From 2001-2005, 17 documented serious injuries and mortalities of CNP humpback whales were directly attributable to commercial U.S. fisheries under state or Federal management. Therefore, annual average serious injury and mortality of this stock is 3.4 animals per year for the same time period, or 26.36 percent of the PBR (PBR = 12.9). The single mortality in the AK Kodiak salmon purse seine fishery translates to an annual average mortality and serious injury of 0.2 animals per year, or 1.55 percent of the stock's PBR (PBR = 12.9). Category II classification is necessary based on the mean serious injury and mortality of CNP humpback whales exceeding 1 percent of PBR. Consequently, NMFS proposes to add the AK Kodiak salmon purse seine fishery to the LOF as a Category II.

Removal of Fisheries from the LOF

CA Sardine Purse Seine Fishery

See discussion for ``CA purse seine fisheries'' under Fishery Name and Organizational Changes and Clarifications.

CA Herring Purse Seine Fishery

NMFS proposes to remove the ``CA herring purse seine fishery''. This fishery was phased out by CDFG for biological and economic reasons. The fishery was eliminated in 1998.

Fishery Name and Organizational Changes and Clarifications

NMFS proposes to modify the definition of superscript \(1)\in ``Table 1- List of Fisheries Commercial Fisheries in the Pacific Ocean'' from ''...1 fishery classified based on serious injuries and mortalities of this stock are greater than 1 percent, but less than 50 percent of the stock's PBR'' to read ''...\1\ fishery classified based on serious injuries and mortalities of this stock are greater than 1 percent of the stock's PBR.'' The current definition only defines a stock influencing the elevation of a fishery to Category II, and not to Category I, where annual mortality and serious injury of a stock in a given fishery is greater than or equal to 50 percent of the stock's PBR (August 30, 1995; 60 FR 45088). Modifying the definition by deleting ''...but less than 50 percent'' allows marine mammal stocks responsible for all Category I and II fishery classifications to be evident.

Hawaii Inshore Gillnet Fishery

NMFS proposes to modify the name of the ``Hawaii gillnet fishery'' to the ``Hawaii inshore gillnet fishery'' to reflect the location of effort in this fishery.

Hawaii Inshore Purse Seine Fishery

NMFS proposes to modify the name of the ``Hawaii purse seine fishery'' to the ``Hawaii inshore purse seine fishery'' to reflect the location of effort in this fishery.

CA Yellowtail, Barracuda, and White Seabass Drift Gillnet (mesh size >3.5 inches and 3.5 inches and 3.5 inches and 655 to >670 to include the 15 participants targeting shark (e.g., large and small coastal shark, dogfish) in this fishery.

List of Species That are Incidentally Seriously Injured or Killed

Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline Fishery

NMFS proposes to add Northern bottlenose whales (Western North Atlantic stock) to the list of species and stocks incidentally killed or seriously injured in the ``Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery''. A bottlenose whale was observed to be entangled and seriously injured in this fishery in 2001.

NMFS has reviewed the other species listed as incidentally killed or seriously injured in this fishery. Although some species have not been observed to have been seriously injured or killed within the most recent 5-year timeframe for which estimates of marine mammal bycatch are made, the fishery still operates in the same general areas and uses the same type of gear, with the exception of the requirement for fishermen to now use circle hooks. The impacts of the use of circle hooks on reducing marine mammal incidental serious injury and mortality are still being analyzed. Therefore, NMFS has determined that no other changes to the list of species killed or seriously injured in this fishery is warranted at this time. NMFS will reassess the list of species incidentally seriously injured or killed in this fishery as more information becomes available.

Mid-Atlantic Haul/Beach Seine Fishery

NMFS proposes to remove harbor porpoise (Gulf of Maine/Bay of Fundy stock) from the list of species or stocks incidentally killed or seriously injured in the ``Mid-Atlantic haul/beach seine fishery''. The most recent SAR (2005) highlights the most recent 5-years of data (from 1999-2003), as well as anecdotal or historical information, as records of interaction. There is no current evidence to indicate harbor porpoises are killed or seriously injured in the Mid-Atlantic haul/ beach seine fishery.

Gulf of Maine Atlantic Herring Purse Seine Fishery

NMFS proposes to remove harbor porpoise (Gulf of Maine/Bay of Fundy stock) from the list of species or stocks incidentally killed or seriously injured in the ``Gulf of Maine Atlantic herring purse seine fishery''. The most recent

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SAR (2005) highlights the most recent 5-years of data (from 1999-2003), as well as anecdotal or historical information, as records of interaction. There is no current evidence to indicate harbor porpoises are killed or seriously injured in the Gulf of Maine Atlantic herring purse seine fishery.

Mid-Atlantic Gillnet Fishery

NMFS proposes to remove the superscript (1) from bottlenose dolphin (Western North Atlantic offshore stock) and minke whale (Canadian east coast stock) on the list of stocks incidentally killed or seriously injured in the ``Mid-Atlantic gillnet fishery''. In 1996 the mid- Atlantic gillnet fishery was elevated from category III to category II based on a tier analysis focused on the incidental mortality and serious injury of harbor porpoise, coastal bottlenose dolphin, and humpback whales (60 FR 67081, December 28, 1995). For re-classification to a category I fishery in the 2002 LOF, the tier analysis was based on the incidental mortality and serious injury of 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, NMFS proposes to remove the superscript (1).

Northeast Bottom Trawl

NMFS proposes to correct a typographical error in the 2006 LOF, Table 2, by removing the superscript \(1)\ after harp seals (WNA) in the ``Northeast bottom trawl fishery''. Mortality and serious injury of harp seals (WNA) does not drive the categorization of this fishery.

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 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 breedingSea 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: ............ .........................

[[Page 70348]]

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

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 Steller sea lion, Western U.S.\1\

[[Page 70349]]

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 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

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.

[[Page 70352]]

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.

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

[[Page 70353]]

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

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

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:

............ .........................

[[Page 70355]]

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 sea\l\, 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

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\

[[Page 70356]]

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

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\1\ 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\

[[Page 70357]]

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

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, 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:

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:

[[Page 70359]]

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 proposed rule would not have a significant economic impact on a substantial number of small entities. For convenience, the factual basis leading to the certification is repeated below.

Under existing regulations, all fishers participating in Category I or II fisheries must register under the MMPA, obtain an Authorization Certificate, and pay a fee of $25 (with the exception of those in regions with a registration integrated with existing state and Federal permitting processes). Additionally, fishers may be subject to a take reduction plan and requested to carry an observer. The Authorization Certificate authorizes the taking of marine mammals incidental to commercial fishing operations. NMFS has estimated that approximately 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 that the majority of 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 proposed rule would affect less than 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, an initial regulatory flexibility analysis was not prepared. In the event that reclassification of a fishery to Category I or II results in a take reduction plan, economic analyses of the effects of that plan will be summarized in subsequent rulemaking actions.

This proposed rule contains collection-of-information requirements subject to the Paperwork Reduction Act. The collection of information for the registration of fishers under the MMPA has been approved by the Office of Management and Budget (OMB) under OMB control number 0648- 0293 (0.15 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 proposed rule has been determined to be not significant for the purposes of Executive Order 12866.

An environmental assessment (EA) was prepared under the National Environmental Policy Act (NEPA) for regulations to implement section 118 of the MMPA (1995 EA). 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 proposed rule would not make any significant change in the management of reclassified fisheries, and therefore, this proposed rule is not expected to change the analysis or conclusion of the 2005 EA. If NMFS takes a management action, for example, through the development of a Take Reduction Plan (TRP), NMFS will first prepare an environmental document, as required under NEPA, specific to that action.

This proposed rule would not affect species listed as threatened or endangered under the Endangered Species Act (ESA) or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this 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 proposed rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams.

This proposed rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act.

Dated: November 27, 2006. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

[FR Doc. E6-20448 Filed 12-1-06; 8:45 am]

BILLING CODE 3510-22-S