1414 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

the ‘‘chrome T’’ connector), and ensured that ENVIRONMENTAL PROTECTION maintenance plan and redesignate Lake this temperature conforms to the temperature AGENCY County, Indiana, to attainment for PM10. of a diver’s exhaled breath at the water For additional information see the temperature and ventilation rate used during 40 CFR Parts 52 and 81 9 direct final rule published in the rules the testing trial; section of this Federal Register. (ix) Implemented at least eight (8) testing [IN148–1b; FRL–7436–3] trials for each combination of temperature List of Subjects and ventilation-CO2-injection rates (e.g., eight Redesignation and Approval and 40 CFR Part 52 testing trials at 40 degrees F using a Promulgation of Indiana ventilation rate of 22.5 Lpm at a CO - 2 Implementation Plans Environmental protection, Air injection rate of 0.90 Lpm); pollution control, Incorporation by (x) Allowed the water temperature to vary ± ± AGENCY: Environmental Protection reference, Intergovermental relations, no more than 2.0 degrees F ( 1.0 degree Agency (EPA). C) between each of the eight testing trials, Particulate matter, Reporting and and no more than ± 1.0 degree F (± 0.5 degree ACTION: Proposed rule. recordkeeping requirements. C) within each testing trial; 40 CFR Part 81 (xi) Used the average temperature for each SUMMARY: EPA is proposing to set of eight testing trials in the statistical redesignate Lake County, Indiana, to Air pollution control, National parks, analysis of the testing-trial results, with the attainment for particulate matter with a Wilderness areas. testing-trial results being the time taken for nominal aerodynamic diameter of 10 Authority: 42 U.S.C. 7401 et seq. the inhaled breathing gas to reach 0.005 ATA microns or less (PM10). EPA also of CO2 (i.e., the canister-duration results); proposes to approve Indiana’s plan for Dated: December 23, 2002. (xii) Analyzed the canister-duration results continuing to attain the PM10 standards. David A. Ullrich, using the repeated-measures statistics Acting Regional Administrator, Region 5. described in NEDU Report 2–99 (see DATES: Written comments on this [FR Doc. 03–283 Filed 1–9–03; 8:45 am] Reference (4) at the end of this appendix for proposed rule must arrive on or before complete information regarding this February 10, 2003. BILLING CODE 6560–50–P reference); ADDRESSES: You should mail written (xiii) Specified the replacement schedule comments to: J. Elmer Bortzer, Chief, for the CO2-sorbent materials in terms of the Regulation Development Section, Air DEPARTMENT OF COMMERCE lower prediction line (or limit) of the 95% Programs Branch (AR–18J), U.S. confidence interval; and Environmental Protection Agency, National Oceanic and Atmospheric (xiv) Derived replacement schedules only Administration by interpolating among, but not by Region 5, 77 West Jackson Boulevard, extrapolating beyond, the depth, water Chicago, Illinois 60604. temperatures, and exercise levels used during You may inspect copies of Indiana’s 50 CFR Part 229 canister testing. submittal at: Regulation Development [021213308–2308–01, 111802B] 12. References Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, RIN 0648–AQ60 This section provides detailed information Region 5, 77 West Jackson Boulevard, regarding the references cited in this List of Fisheries for 2003 appendix. Chicago, Illinois 60604. (1) National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: John AGENCY: National Marine Fisheries Administration (2001). NOAA Diving Summerhays, Regulation Development Service (NMFS), National Oceanic and Manual: Diving for Science and Technology. Section, Air Programs Branch (AR–18J), Atmospheric Administration (NOAA), Joiner, J. T. (ed.). Best Publishing Co., U.S. Environmental Protection Agency, Commerce. Flagstaff, AZ. Region 5, 77 West Jackson Boulevard, ACTION: Notice of proposed rulemaking. (2) Diving Science and Technology (1995). Chicago, Illinois 60604, ‘‘Analysis of Proposed Oxygen Exposure SUMMARY: Limits for DSAT Oxygen Exposure Table [email protected], (312) 886– The National Marine Against Existing Database of Manned Oxygen 6067. Fisheries Service (NMFS) proposes Test Dives.’’ Enriched Air Operations and SUPPLEMENTARY INFORMATION: On changes for 2003 to the List of Fisheries Resource Guide. International PADI, Inc., September 25, 2002, Indiana requested (LOF) as required by the Marine Rancho Santa Margarita, California. that EPA redesignate Lake County from Mammal Protection Act (MMPA). The (3) R. W. Hamilton, R. E. Rogers, M. R. nonattainment to attainment for PM . proposed LOF for 2003 reflects new Powell, and R. D. Vann (1994). 10 information on interactions between ‘‘Development and Validation of No-Stop The criteria for redesignations from nonattainment to attainment are in commercial fisheries and marine Decompression Procedures for Recreational mammals. Under the MMPA, NMFS Diving: The DSAT Recreational Dive section 107(d)(3)(E) of the Clean Air Planner.’’ Hamilton Research, Ltd., Act. EPA proposes to conclude that (i) must place each commercial fishery on Tarrytown, New York. Lake County has attained the PM air the LOF into one of three categories 10 based upon the level of serious injury (4) J. R. Clarke. ‘‘Statistically Based CO2 quality standards, (ii) EPA has fully Canister Duration Limits for Closed-Circuit approved the applicable State and mortality of marine mammals that Underwater Breathing Apparatus.’’ U.S. Navy Implementation Plan (SIP) under occurs incidental to that fishery. The Experimental Diving Unit, Report 2–99, 1999. section 110(k) of the Act, (iii) the categorization of a fishery in the LOF * * * * * improvement in air quality in the area determines whether participants in that [FR Doc. 03–372 Filed 1–9–03; 8:45 am] is due to permanent and enforceable fishery are subject to certain provisions BILLING CODE 4510–26–P emission reductions, (iv) the of the MMPA, such as registration, maintenance plan for the area satisfies observer coverage, and take reduction plan requirements. 9 NEDU can provide the manufacturer with section 175A of the Act, and (v) the state information on the temperature of a diver’s exhaled has met all requirements applicable to DATES: Comments must be received by breath at various water temperatures and February 10, 2003. ventilation rates, as well as techniques and the area under section 110 and part D procedures used to maintain these temperatures of the Act. Based on these findings, EPA ADDRESSES: Send comments to Chief, during the testing trials. proposes to approve Indiana’s Marine Mammal Conservation Division,

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1415

Attn: List of Fisheries, Office of registration, observer coverage, and take Note that, since fisheries are Protected Resources, NMFS, 1315 East- reduction plan requirements. categorized on a per-stock basis, a West Highway, Silver Spring, MD fishery may qualify as one Category for How Does NMFS Determine in which 20910. one marine mammal stock and a distinct Category a Fishery is Placed? Comments regarding the burden-hour Category for a different marine mammal estimates or any other aspect of the The definitions for the fishery stock. A fishery is typically placed on collection of information requirements classification criteria can be found in the LOF at its highest level of contained in this proposed rule should the implementing regulations for section classification (e.g., a fishery that be sent to the Chief, Marine Mammal 118 of the MMPA (50 CFR 229.2). The qualifies for Category III for one marine Conservation Division, Office of criteria are also summarized here. mammal stock and for Category II for Protected Resources, NMFS, 1315 East- another marine mammals stock will be Fishery Classification Criteria West Highway, Silver Spring, MD 20910 listed under Category II). and to the Office of Information and The fishery classification criteria Other Criteria That May Be Considered Regulatory Affairs, OMB, Attention: consist of a two-tiered, stock-specific NOAA Desk Officer, Washington, DC approach that first addresses the total In the absence of reliable information 20503. impact of all fisheries on each marine indicating the frequency of incidental Registration information, materials, mammal stock and then addresses the mortality and serious injury of marine and marine mammal reporting forms impact of individual fisheries on each mammals by a commercial fishery, may be obtained from the following stock. This approach is based on NMFS will determine whether the regional offices: consideration of the rate, in numbers of incidental serious injury or mortality NMFS, Northeast Region, One animals per year, of incidental qualifies for Category II by evaluating Blackburn Drive, Gloucester, MA mortalities and serious injuries of other factors such as fishing techniques, 01930–2298, Attn: Marcia Hobbs. marine mammals due to commercial gear used, methods used to deter marine NMFS, Southeast Region, 9721 fishing operations relative to the mammals, target species, seasons and Executive Center Drive North, St. Potential Biological Removal (PBR) level areas fished, qualitative data from Petersburg, FL 33702, Attn: Teletha for each marine mammal stock. The logbooks or fisher reports, stranding Griffin. MMPA (16 U.S.C. 1362 (20)) defines the data, and the species and distribution of NMFS, Southwest Region, Protected PBR level as the maximum number of marine mammals in the area, or at the Species Management Division, 501 W. animals, not including natural discretion of the Assistant Ocean Blvd., Suite 4200, Long Beach, mortalities, that may be removed from a Administrator (50 CFR 229.2). CA 90802–4213, Attn: Don Peterson. marine mammal stock while allowing How Do I Find Out if a Specific Fishery NMFS, Northwest Region, 7600 Sand that stock to reach or maintain its is in Category I, II, or III? Point Way NE, Seattle, WA 98115, Attn: optimum sustainable population. This Permits Office. definition can also be found in the This proposed rule includes two NMFS, Alaska Region, Protected implementing regulations for Section tables that list all U.S. commercial Resources, P.O. Box 22668, 709 West 118 at 50 CFR 229.2. fisheries by LOF Category. Table 1 lists 9th Street, Juneau, AK 99802. Tier 1: If the total annual mortality all of the fisheries in the Pacific Ocean FOR FURTHER INFORMATION CONTACT: and serious injury across all fisheries (including Alaska). Table 2 lists all of Tanya Dobrzynski, Office of Protected that interact with a stock is less than or the fisheries in the Atlantic Ocean, Gulf Resources, 301–713–2322; Kim equal to 10 percent of the PBR level of of Mexico, and Caribbean. Thounhurst, Northeast Region, 978– this stock, all fisheries interacting with Am I Required to Register Under the 281–9138; Katie Moore, Southeast this stock would be placed in Category MMPA? Region, 727–570–5312; Cathy Campbell, III. Otherwise, these fisheries are subject Owners of vessels or gear engaging in Southwest Region, 562–980–4060; Brent to the next tier (Tier 2) of analysis to a Category I or II fishery are required Norberg, Northwest Region, 206–526– determine their classification. under the MMPA (16 U.S.C. 1387(c)(2)), 6733; Amy Van Atten, Alaska Region, Tier 2, Category I: Annual mortality as described in 50 CFR 229.4, to register 907–586–7642. Individuals who use a and serious injury of a stock in a given with NMFS and obtain a marine telecommunications device for the deaf fishery is greater than or equal to 50 mammal authorization from NMFS in may call the Federal Information Relay percent of the PBR level. order to lawfully incidentally take a Service at 1–800–877–8339 between 8 Tier 2, Category II: Annual mortality marine mammal in a commercial a.m. and 4 p.m. Eastern time, Monday and serious injury of a stock in a given fishery. Owners of vessels or gear through Friday, excluding Federal fishery is greater than 1 percent and less engaged in a Category III fishery are not holidays. than 50 percent of the PBR level. required to register with NMFS or SUPPLEMENTARY INFORMATION: Tier 2, Category III: Annual mortality obtain a marine mammal authorization. and serious injury of a stock in a given What is the List of Fisheries? fishery is less than or equal to 1 percent How Do I Register? Under section 118 of the MMPA, of the PBR level. Fishers must register with the Marine NMFS must publish, at least annually, While Tier 1 considers the cumulative Mammal Authorization Program an LOF that places all U.S. commercial fishery mortality and serious injury for (MMAP) by contacting the relevant fisheries into one of three categories a particular stock, Tier 2 considers NMFS Regional Office (see ADDRESSES) based on the level of incidental serious fishery-specific mortality and serious unless they participate in a fishery that injury and mortality of marine mammals injury for a particular stock. Additional has an integrated registration program that occurs in each fishery (16 U.S.C. details regarding how threshold (described below). Upon receipt of a 1387 (c)(1)). The categorization of a percentages between the categories were completed registration, NMFS will issue fishery in the LOF determines whether determined are provided in the vessel or gear owners physical evidence participants in that fishery may be preamble to the final rule implementing of a current and valid registration that required to comply with certain section 118 of the MMPA (60 FR 45086, must be displayed or that must be in the provisions of the MMPA, such as August 30, 1995). possession of the master of each vessel

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1416 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

while fishing in accordance with authorization, and marine mammal renewal materials or pay a processing Section 118 of the MMPA (16 U.S.C. injury and mortality reporting forms. fee. At the beginning of each calendar 1387(c)(3)(A)). MMAP certificates will be valid only if year, these vessel owners will be sent an presented with a valid fishing permit. MMAP certificate for that year, the What is the Process for Registering in terms and conditions of the Northwest Region an Integrated Fishery? authorization, and marine mammal and For some fisheries, NMFS has Washington and Oregon have injury reporting forms. MMAP integrated the MMPA registration integrated MMAP registration with certificates will be valid only if process with existing state and Federal existing permit programs for all presented with a valid state permit. All fishery license, registration, or permit Washington and Oregon Category II fishers who plan to participate in any systems and related programs. fisheries. These states issue MMAP other Category I or II fishery in the Participants in these fisheries are certificates for Category II fisheries as Southeast Region must register under automatically registered under the part of the fishing license renewal the MMAP by submitting a registration MMPA and are not required to submit process. MMAP certificates will be valid or renewal form and the processing fee registration or renewal materials or pay only if presented with a valid fishing to NMFS. The Southeast Region is the $25 registration fee. Following is a permit. If a vessel owner plans to currently working towards integrating list of integrated fisheries and a participate in one or more of the additional state and federal licensing summary of the integration process for Category II fisheries or has a license and permitting systems with the MMAP. each Region. Fishers who operate in an issued by the states of Oregon or How Do I Renew My Registration integrated fishery and have not received Washington, the vessel owner will be Under the MMPA? registration materials should contact registered automatically in the MMAP their NMFS Regional Office (see and will not have to submit MMAP Regional Offices, except for the ADDRESSES). registration or renewal materials or pay Northeast Region, annually send a processing fee. renewal packets to participants in Which Fisheries Have Integrated Category I or II fisheries that have Registration Programs? Southwest Region previously registered; however, it is the The following fisheries have No Southwest Region fisheries are responsibility of the fisher to ensure that integrated registration programs under integrated under the MMAP. registration or renewal forms are completed and submitted to NMFS at the MMPA: Northeast Region 1. All Alaska Category II fisheries. least 30 days in advance of fishing. 2. All Washington and Oregon In the Northeast Region, MMAP Individuals who have not received a Category II fisheries. registration is integrated with existing renewal packet by January 1 or are 3. Northeast Regional fisheries for fishing permit processes for all fishers registering for the first time should which a state or Federal permit is engaged in Category I or II fisheries for request a registration form from the required. Individuals fishing in fisheries which a state or federal permit is appropriate Regional Office (see for which no state or Federal permit is required. At the beginning of each ADDRESSES). required must register with NMFS by calendar year, these vessel owners will contacting the Northeast Regional Office be sent an MMAP certificate for that Am I Required to Submit Reports When (see ADDRESSES). year, the terms and conditions of the I Injure or Kill a Marine Mammal 4. All North Carolina, South Carolina, authorization, and marine mammal and During the Course of Commercial Georgia, and Florida Category II injury reporting forms. However, all Fishing Operations? fisheries for which a state permit is state and Federal permit holders that In accordance with the MMPA (16 required. receive new permits for Category I or II U.S.C. 1387(e)) and 50 CFR 229.6, any fisheries after the beginning of the vessel owner or operator, or fisher (in Alaska Region calendar year must submit a registration the case of non-vessel fisheries), The Alaska Region has integrated or renewal application to NMFS participating in a Category I, II, or III MMAP registration for Alaska Category Northeast Regional Office (see fishery must report all incidental II fisheries with the Alaska State system ADDRESSES). MMAP certificates will be injuries or mortalities of marine for registering commercial vessels and valid only if presented with a valid state mammals that occur during commercial permitting commercial fishers. or Federal fishing permit. Individuals fishing operations to NMFS. ‘‘Injury’’ is Therefore, if a vessel owner plans to fishing in Category I or II fisheries in the defined in 50 CFR 229.2 as a wound or participate in one or more of the Northeast Region for which state or other physical harm. In addition, any Category II fisheries and is licensed federal permits are not required must animal that ingests fishing gear or any under the State of Alaska’s Commercial register under the MMAP by submitting animal that is released with fishing gear Fisheries Entry Program, the vessel a registration or renewal form to NMFS entangling, trailing, or perforating any owner will be registered automatically Northeast Regional Office (see part of the body is considered injured, in the MMAP and will not have to ADDRESSES). No fees are required for regardless of the absence of any wound submit MMAP registration or renewal either integrated or non-integrated or other evidence of an injury, and must materials or pay a processing fee. The fisheries. be reported. Instructions on how to information required for MMAP submit reports can be found in 50 CFR Southeast Region registration will be obtained by NMFS 229.6. directly from the State of Alaska and NMFS has integrated registration for will be automatically incorporated into all participants in North Carolina, South Am I Required to Take an Observer the NMFS MMAP database. At the Carolina, Georgia, and Florida Category Aboard My Vessel? beginning of each calendar year, II fisheries for which a state permit is Fishers participating in a Category I or permitted vessel owners and set net required. Therefore, for these fisheries, II fishery are required to accommodate operators will be sent an MMAP the vessel owner will be registered an observer aboard vessel(s) upon certificate for that year, an MMAP decal, automatically in the MMAP and will not request. Observer requirements can be the terms and conditions of the have to submit MMAP registration or found in 50 CFR 229.7.

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1417

Am I Required to Comply With Any Category II based on a review of of the PBR level, this fishery qualifies Take Reduction Plan Regulations? observer data from 1995–1999 and the for elevation to Category II. Fishers participating in a Category I or following tier analysis. Observer Total annual mortality and serious II fishery are required to comply with coverage in the AK BSAI groundfish injury of the central North Pacific stock of humpback whales in this fishery is any applicable take reduction plans. trawl fishery ranged from 53 percent to 76 percent per year between 1990 and 0.4 animals per year, or 5.4 percent of Sources of Information Reviewed for 2000. Marine mammal species the PBR level (7.4 animals per year). the Proposed 2003 LOF incidentally injured or killed in the AK Because this level of mortality and NMFS reviewed the marine mammal BSAI groundfish trawl fishery include: serious injury exceeds 1 percent of the incidental serious injury and mortality western North Pacific stock of PBR level but is less than 50 percent of information presented in the Stock humpback whales, eastern North Pacific the PBR level, this fishery qualifies for Assessment Reports (SARs) for all stock of resident killer whales, eastern elevation to Category II. observed fisheries to determine whether North Pacific stock of transient killer Total annual mortality and serious injury of the western U.S. stock of changes in fishery classification were whales, central North Pacific stock of Steller sea lions in this fishery is 7.8 warranted. NMFS also reviewed other humpback whales, western U.S. stock of animals per year, or 3.8 percent of the sources of new information, including Steller sea lions, northeast Pacific stock PBR level (208 animals per year). marine mammal stranding data, of fin whales, North Pacific stock of Because this level of mortality and observer program data, fisher self- Pacific white-sided dolphin, Bering Sea serious injury exceeds 1 percent of the reports, and other information that is stock of harbor porpoise, Eastern Pacific PBR level but is less than 50 percent of not included in the SARs. stock of northern fur seals, Bering Sea the PBR level, this fishery qualifies for NMFS SARs provide the best stock of harbor seals, Alaska stock of bearded seals, Alaska stock of ringed elevation to Category II. available information on both the level The data presented above, specifically of serious injury and mortality of marine seals, Alaska stock of spotted seals, Alaska stock of Dall’s porpoise, Alaska the serious injury and mortality of mammals that occurs incidental to western North Pacific humpback commercial fisheries and the PBR levels stock of ribbon seals, CA breeding stock of northern elephant seals, Alaska stock whales, appears to justify placement of for marine mammal stocks. the AK BSAI groundfish trawl fishery The information contained in the of sea otters, and Alaska stock of Pacific into Category I. However, NMFS SARs is reviewed by regional scientific walrus. Tier 1 Evaluation: Total annual considered additional information about review groups (SRGs) representing the data. The PBR level for western Alaska, the Pacific (including Hawaii), incidental mortality and serious injury across all fisheries is greater than or North Pacific humpback whales is based and the U.S. Atlantic, Gulf of Mexico, on a minimum population estimate of and the Caribbean. The SRGs were equal to 10 percent of the PBR levels for the following stocks: western North 367 animals, which may be an created by the MMPA to review the Pacific humpback whales, eastern North underestimate of the true population science that goes into the stock Pacific resident killer whales, eastern size. Recent vessel surveys of a small assessment reports and to advise NMFS North Pacific transient killer whales, portion of the Bering Sea resulted in an on population status and trends, stock central North Pacific humpback whales, estimate of approximately 1,100 structure, uncertainties in the science, and western U.S. Steller sea lions. humpback whales. However, it is not research needs, and other issues. Therefore, the AK BSAI Groundfish possible to determine what portion of The proposed LOF for 2003 was based Trawl Fishery is subject to Tier 2 this estimate can be assigned to the on information provided in the final analysis. central stock versus the western stock of SARs for 1996 (63 FR 60, January 2, Tier 2 Evaluation: Total annual humpback whales. If the minimum 1998), the final SARs for 2001 (67 FR mortality and serious injury of the population estimate for the western 10671, March 8, 2002), and the draft western North Pacific stock of stock is underestimated by only 43 SARs for 2002 (67 FR 19417, April 19, humpback whales in this fishery is 0.4 animals, total annual mortality and 2002). animals per year, or 57.1 percent of the serious injury in this fishery would be Summary of Changes to the Proposed PBR level (0.7 animals per year). less than 50 percent of the PBR level LOF for 2003 Because this level of mortality and and the fishery would qualify for serious injury exceeds 50 percent of the Category II. With the following exceptions, the PBR level, this fishery qualifies for Additionally, it is not known whether placement and definitions of U.S. elevation to Category I. the humpback whale mortalities commercial fisheries are identical to Total annual mortality and serious incidental to this fishery (1 in 1998 and those provided in the LOF for 2002. The injury of the eastern North Pacific 1 in 1999) should be assigned to the following summarizes changes in transient stock of killer whales in this western or central stocks. The fishery classification, fishery definition, fishery is 0.6 animals per year, or 14.3 mortalities are assigned to both stocks fisheries listed on the LOF, number of percent of the PBR level (2.8 animals (i.e., 2 mortalities assigned to the participants in a particular fishery, and per year). Because this level of mortality western stock and 2 mortalities assigned the species and/or stocks that are and serious injury exceeds 1 percent of to the central stock) and therefore the incidentally killed or seriously injured the PBR level but is less than 50 percent mortalities are ‘‘double-counted’’ in the in a particular fishery, that are proposed of the PBR level, this fishery qualifies above tier analysis. If one mortality was for the 2003 LOF. for elevation to Category II. from the western stock and one Commercial Fisheries in the Pacific Total annual mortality and serious mortality was from the central stock, Ocean: Fishery Classification injury of the eastern North Pacific NMFS could not justify placing this resident stock of killer whales in this fishery in Category I. Alaska Bering Sea Aleutian Islands fishery is 0.6 animals per year, or 8.3 Finally, this analysis reflects observer Groundfish Trawl Fishery percent of the PBR level (7.2 animals data through 1999. Based on NMFS proposes to elevate the Alaska per year). Because this level of mortality preliminary data from 2000, one (AK) Bering Sea and Aleutian Islands and serious injury exceeds 1 percent of unidentified large whale was killed (BSAI) groundfish trawl fishery to the PBR level but is less than 50 percent incidental to this fishery. Photographs

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1418 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

of this incident clearly show that the sided dolphin, CA/OR/WA stock of this period was 1 animal per year, or unidentified animal was not a Risso’s dolphin, CA/OR/WA stock of 47.8 percent of the PBR level for this humpback whale. Further examination short-beaked common dolphin, CA/OR/ stock (2.1 animals per year). Because of the photographs may provide WA stock of long-beaked common this level of mortality and serious injury additional insight as to the species. dolphin, CA/OR/WA stock of northern exceeds 1 percent of the PBR level but Preliminary data from 2000 also right-whale dolphin, CA/OR/WA stock is less than 50 percent of the PBR level, indicate that the numbers of Steller sea of short-finned pilot whales, CA/OR/ this fishery qualifies for reclassification lions seriously injured or killed WA stock of sperm whales, CA/OR/WA as a Category II fishery. remained roughly comparable to the stock of fin whales, and eastern North The average annual estimated numbers in previous years Pacific stock of gray whales. There are mortality and serious injury of fin (approximately 6–7 animals per year). approximately 113 participants in this whales incidental to this fishery from For the reasons listed above, NMFS fishery, which is the number of permits 1997 to 2001 was 1 animal per year, or proposes to elevate the AK BSAI issued for this fishery by California 31.3 percent of the PBR level for this groundfish trawl fishery to Category II. Department of Fish and Game in 2001. stock (3.2 animals per year). Because this level of mortality and serious injury California/Oregon Thresher Shark/ Following is the Tier analysis exceeds 1 percent of the PBR level but Swordfish Drift Gillnet Fishery (≥14 in. supporting the reclassification of this is less than 50 percent of the PBR level, mesh) fishery. Tier 1 Evaluation: The estimated total this fishery qualifies for reclassification NMFS proposes to reclassify the annual incidental mortality and serious as a Category II fishery. Category I California/Oregon (CA/OR) injury across all fisheries is greater than Since the annual estimated level of thresher shark/swordfish drift gillnet 10 percent of the PBR levels for the marine mammal mortality and serious fishery (≥14 in. mesh) as Category II. following stocks: U.S. stock of CA sea injury incidental to this fishery is less This fishery includes all vessels using lions, CA/OR/WA stock of northern than 50 percent and greater than 1 drift gillnets of greater than or equal to right-whale dolphin, CA/OR/WA stock percent of the PBR level for all marine 14 inch stretched mesh to target of short-finned pilot whales, CA/OR/ mammal stocks described in the Tier 2 thresher shark and swordfish off WA stock of sperm whales, and CA/OR/ analysis, NMFS proposes to reclassify California and Oregon. It operates WA stock of fin whales. Therefore, this this fishery as Category II. primarily outside of state waters to fishery is subject to Tier 2 analysis for about 150 miles offshore, and ranges AK Cook Inlet Salmon Drift Gillnet these stocks. Fishery from the U.S./Mexico border north to Tier 2 Evaluation: The average annual the Columbia River in Oregon. Observer estimated mortality and serious injury NMFS proposes to reclassify the Cook coverage in this fishery ranged from of California sea lions incidental to the Inlet salmon drift gillnet fishery from 22.7 percent to 20.4 percent from 1997 CA/OR thresher shark/swordfish drift Category II to Category III. The Category to 2001. gillnet fishery during 1997–2001 was 82 II Cook Inlet salmon drift gillnet fishery The Pacific Offshore Cetacean Take animals per year, or 1.2 percent of the was observed in 1999 and 2000. One Reduction Team (Team) was convened PBR level for California sea lions (6,591 serious injury of a Gulf of Alaska harbor in 1996 to address incidental mortality animals per year). Because this level of porpoise was observed in the drift and serious injury of marine mammals mortality and serious injury exceeds 1 gillnet fishery during the 2000 fishing in this fishery. NMFS implemented a percent of the PBR level but is less than season. This take constitutes less than 1 Pacific Offshore Cetacean Take 50 percent of the PBR level, this fishery percent of the PBR for Gulf of Alaska Reduction Plan (Plan) in 1997 based on qualifies for reclassification as a harbor porpoise (PBR = 166). There the Team’s recommendations. As a Category II fishery. were no other marine mammal stocks result of the Plan, serious injury and The average annual estimated reported interacting with this fishery mortality of marine mammals has been mortality and serious injury of northern during the 1999–2000 fishing seasons. reduced to below 50 percent of the PBR right-whale dolphins incidental to this Based on the observed level of take in level for the marine mammal stocks fishery during this period was 23.8 this fishery, NMFS proposes to interacting with this fishery. Therefore, animals per year, or 24.5 percent of the reclassify the fishery as Category III at NMFS proposes to reclassify this fishery PBR level for this stock (97 animals per this time. An analysis of all takes in this as Category II. NMFS will continue to year). Because this level of mortality fishery from 1995–2000, relative to the place observers on vessels participating and serious injury exceeds 1 percent of classification criteria support a in this fishery and work with the Team the PBR level but is less than 50 percent reclassification from Category III to to monitor and address entanglement of of the PBR level, this fishery qualifies Category II. marine mammals in the fishery. The for reclassification as a Category II AK Cook Inlet Salmon Set Gillnet Team supported the reclassification of fishery. Fishery this fishery at their meeting in May The average annual estimated 2002. mortality and serious injury of short- The Category II Cook Inlet set gillnet NMFS’ analysis of the incidental finned pilot whales incidental to this fishery was observed in 1999 and 2000. mortality and serious injury of marine fishery from 1997–2001 was 1.2 animals No serious injuries or mortalities of mammals in this fishery is based on per year, or 21.1 percent of the PBR marine mammals were observed in this observer data collected between 1997 level for this stock (5.7 animals per fishery. Therefore, NMFS proposes to and 2001. Marine mammals incidentally year). Because this level of mortality reclassify this fishery from Category II to injured or killed in the CA/OR thresher and serious injury exceeds 1 percent of Category III. shark/swordfish drift gillnet fishery the PBR level but is less than 50 percent Addition of Fisheries to the LOF between 1997 and 2001 include: U.S. of the PBR level, this fishery qualifies stock of CA sea lions, CA breeding stock for reclassification as a Category II CA Yellowtail, Barracuda, White of northern elephant seals, California/ fishery. Seabass, and Tuna Drift Gillnet Fishery Oregon/Washington (CA/OR/WA) stock The average annual estimated (mesh size > 3.5 inches and <14 inches) of Dall’s porpoise, CA/OR/WA Northern mortality and serious injury of sperm NMFS proposes to add the CA and Southern stocks of Pacific white- whales incidental to this fishery during yellowtail, barracuda, white seabass,

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1419

and tuna drift gillnet fishery (mesh size addressed by the Pacific Offshore CA Angel Shark/Halibut and Other > 3.5 inches and < 14 inches) to the LOF Cetacean Take Reduction Team. Species Large Mesh (>3.5 in. mesh) Set as a Category II fishery based on this Gillnet Fishery Removals of Fisheries from the LOF fishery’s similarity to other drift gillnet The CA angel shark/halibut and other fisheries, and therefore, its potential to CA Shark/Bonito Longline/Set Line species large mesh set gillnet fishery entangle marine mammals. California Fishery includes all vessels using set gillnets of Department of Fish and Game logbook greater than 3.5 inches stretched mesh and landings data for 1999–2001 In the final LOF for 1998 (63 FR 5748, to target angel shark and halibut, as well indicate that there are approximately 24 5750, February 4, 1998), NMFS revised as other species, such as yellowtail and vessels that use drift gillnets of greater the name of the CA shark/bonito white seabass. This fishery operates off than 3.5 inches and less than 14 inches longline/set line fishery to the CA southern and central California. It is a to target yellowtail, barracuda, and offshore longline fishery because the Category I fishery because the average white seabass of southern California, as fishery primarily targeted swordfish and estimated annual mortality and serious well as to target bluefin and albacore tunas. Because of a technical error, this injury of the Monterey Bay stock of tuna primarily off central California. name change was not carried forward harbor porpoise in this fishery exceeds These drift gillnets are up to 6,000 feet into the LOF for subsequent years and long and are set at the surface. Of the the fishery remained listed as the CA 50 percent of the PBR level (11 animals 24 vessels known to participate in this shark/bonito longline/set line fishery. per year) for this stock. fishery in 1999–2001, 19 vessels NMFS is not proposing to implement NMFS proposes to remove the targeted white seabass during 1999 and this name change at this time as it reference to ‘‘large mesh’’ in the name 2000, making a total of 277 sets; 7 would be duplicative of the CA pelagic of this fishery, and rename it the ‘‘CA vessels targeted yellowtail during 1999 longline fishery discussed below. angel shark/halibut and other species and 2000, making a total of 45 sets; and Additionally, there is no evidence that set gillnet fishery (>3.5 in. mesh).’’ 7 vessels targeted tuna, making a total this fishery currently operates. Rather, According to 50 CFR Part 229.2, a large of 43 sets in 2001. NMFS proposes to remove the CA mesh gillnet is a gillnet with a mesh size NMFS does not currently have shark/bonito longline/set line from the of 7 to 18 inches. Since the CA angel observer data on the mortality or serious LOF. shark/halibut and other species set injury of marine mammals incidental to gillnet fishery uses a mesh size of Fishery Name and Organizational greater than 3.5 inches, NMFS believes this fishery. Nonetheless, this fishery Changes and Clarifications has a potential to entangle marine that the term ‘‘large mesh’’ is not mammals because other drift gillnet Alaska Crustacean Pot Fishery applicable to this fishery. In September 2002, the California fisheries with similar characteristics are All shrimp and crab pot fisheries in known to entangle marine mammals. Department of Fish and Game issued Alaska are grouped into the Category III The CA/OR thresher shark/swordfish permanent regulations prohibiting set Alaska crustacean pot fishery. Since drift gillnet fishery, for instance, which gillnet fishing in ocean waters that are 1996, there have been at least 11 reports uses a larger mesh size, historically 60 fathoms or less in depth in central of humpback whales entangled in pot resulted in frequent incidental mortality California from Point Reyes to Point gear from the Alaska crustacean pot and serious injury of marine mammals Arguello, citing concerns over the fishery. Of these entanglements, at least and is currently subject to take incidental take of seabirds and sea 2 likely caused serious injuries leading reduction plan regulations. These otters. NMFS expects that this closure to the mortality of the entangled regulations include requirements to use will result in a significant reduction in humpback whale. While all 11 of the acoustic pingers on drift gillnets and to effort in this fishery off central set gillnets at least 36 feet below the entanglements were observed in areas California, and subsequently, in surface in order to reduce the likelihood where the central North Pacific stock of incidental mortality and serious injury of entanglement of marine mammals. humpback whales is found, it is not of harbor porpoise. clear whether the entangling gear While NMFS is uncertain of the CA Longline Fishery likelihood that this new smaller mesh originated in these same areas. For drift gillnet fishery will entangle marine example, one report identified the gear NMFS proposes to revise the name of mammals, there are similarities between as tanner crab gear, but the tanner crab the ‘‘CA longline fishery’’ to the ‘‘CA this fishery and the CA/OR thresher fishery has not been active in the known pelagic longline fishery.’’ As was shark/swordfish drift gillnet fishery. As range of the central North Pacific stock explained in the proposed LOF for 2001 a result, NMFS proposes that this of humpback whales since 1996. (66 FR 6545, 6552, January 22, 2001), fishery be placed in Category II, based NMFS has been studying the stock this fishery is directed primarily toward on analogy with the CA/OR thresher structure of central North Pacific swordfish caught outside the U.S. shark/swordfish fishery and other humpback whales and may propose to Exclusive Economic Zone off California gillnet fisheries. This fishery would separate a portion of the stock that but unloaded in California ports. The include all vessels using drift gillnets of forages in southeast Alaska from the name ‘‘CA pelagic longline fishery’’ mesh size greater than 3.5 inches and remainder of the stock in the draft 2003 more accurately describes this fishery less than 14 inches to target yellowtail, Stock Assessment Report. During this and will eliminate confusion between barracuda, white seabass and tuna off revision, additional effort will be made this fishery and the WA/OR/CA California. to determine the likely sources of the groundfish, bottomfish longline/set line In July 2002, NMFS began placing pot gear entanglements for central North fishery, which is a demersal longline observers on some vessels in this fishery Pacific humpback whales. NMFS fishery. to better assess its potential to entangle proposes to retain the Alaska crustacean marine mammals. Based on information pot fishery in Category III at this time, CA Set and Drift Gillnet Fisheries that collected by observers, NMFS will but will evaluate whether or not to Use a Stretched Mesh Size of 3.5 Inches reassess the categorization of this reclassify this fishery in the 2004 LOF, or Less fishery in a future LOF and evaluate once more information is obtained about NMFS is not proposing to change the whether this fishery should be humpback whale stock structure. definition or categorization of this

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1420 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

Category III fishery, but provides the which is the number of permits issued Atlantic black sea bass trap/pot fisheries following explanation for clarification for this fishery by the California and include any other trap/pot gear that and comparison with gillnet fisheries Department of Fish and Game in 2001. is not included in other trap/pot for which changes are proposed. This fisheries specifically identified in the List of Species that are Incidentally fishery includes CA gillnet fisheries that LOF. Additionally, NMFS proposes to Injured or Killed use a mesh size of 3.5 inches or less that list the Atlantic mixed species trap/pot target white croaker, bonito, flying fish, AK Bering Sea Aleutian Islands fishery as a Category II fishery. This herring, smelt, shad, bottomfish, mullet, Groundfish Trawl Fishery fishery would extend throughout U.S. perch, and rockfish. There have been no NMFS proposes to remove the Gulf of Atlantic waters from Maine to Florida. NMFS has documented entanglement observed or reported incidental takes of Alaska stock of harbor seal from the list of whales, pinnipeds, and small marine mammals in this fishery. Due to of marine mammal species and stocks cetaceans in fixed gear. Often, however, the small mesh used in this fishery, the incidentally injured or killed by the AK the gear involved in whale likelihood of incidental marine mammal BSAI groundfish trawl fishery because entanglements cannot be attributed to a mortality and serious injury is very low. there is no known interaction between specific fixed gear fishery. Lobster pot For these reasons, this fishery remains this stock of harbor porpoise and this in Category III. gear, in particular, has been identified fishery. in whale entanglements. Between 1995 NMFS proposes to add the Northeast CA/OR Thresher Shark/Swordfish Drift and 1999, at least two serious injuries or Pacific stock of fin whales to the list of Gillnet Fishery mortalities of right whales were marine mammal species and stocks attributed to lobster trap/pot gear. Trap/ NMFS proposes to modify the name incidentally injured or killed by the AK pot gear is generally fished either as of this Category I (proposed Category II) Bering Sea Aleutian Islands groundfish single pots with one buoy line or as fishery to clarify that it includes drift trawl fishery because this stock is strings of pots with one or more buoy gillnets of greater than or equal to 14 known to interact with this fishery and inches stretched mesh only. NMFS lines. Whales may become entangled in was inadvertently omitted from the list the vertical or horizontal components of proposes to rename the fishery the ‘‘CA/ of marine mammal species in the past. OR thresher shark/swordfish drift the gear (e.g., buoy lines and gillnet fishery (≥14 in. mesh). CA Herring Purse Seine Fishery groundlines). The Gulf of Maine/ U.S. Mid-Atlantic lobster trap/pot fishery Number of Vessels/Persons NMFS proposes to remove the CA coastal stock of bottlenose dolphins was elevated to Category I in the 1997 AK Bering Sea Aleutian Islands from the list of marine mammal species LOF (62 FR 33, January 2, 1997) because Groundfish Longline/Set Line Fishery and stocks incidentally injured or killed of evidence of incidental take resulting in the CA herring purse seine fishery. in serious injury and mortality of right NMFS proposes to change the number whales, and the fishery was renamed The designation of this stock as of participants in this fishery from 115 the Northeast/Mid-Atlantic American interacting with this fishery was based to 148 based on 2000 data. lobster trap/pot fishery in the 2001 LOF on one interaction from the early 1990s (66 FR 42780, August, 15, 2001). AK Gulf of Alaska Groundfish Longline/ reported in a logbook; however, neither Additionally, small cetaceans and Set Line Fishery the species identification, nor the pinnipeds occasionally become NMFS proposes to change the number location of the take, was ever verified. entangled in buoy lines and traps. The of participants in this fishery from 876 No other bottlenose dolphins are known Atlantic blue crab trap/pot fishery was to 1030 based on 2000 data. to have interacted with this fishery. elevated to Category II in the 2001 LOF AK Bering Sea Aleutian Islands CA/OR Thresher Shark/Swordfish Drift (66 FR 42780, August 15, 2001) based Groundfish Trawl Fishery Gillnet Fishery (≥14 in. mesh) on a review of fishery interaction data NMFS proposes to change the number NMFS proposes to add the CA/OR/ from bottlenose dolphin strandings. Other trap/pot fisheries in the of participants in this fishery from 166 WA stock of fin whales and the eastern Northeast, Mid-Atlantic, and South to 157 based on 2000 data. North Pacific stock of gray whales to the Atlantic use gear components similar to list of marine mammals incidentally AK Gulf of Alaska Groundfish Trawl those used in the Northeast/Mid- injured or killed in the CA/OR thresher Fishery Atlantic American lobster trap/pot shark/swordfish drift gillnet fishery (≥14 fishery and the Atlantic blue crab trap/ NMFS proposes to change the number in. mesh). Interactions between each of pot fishery, and therefore, may take of participants in this fishery from 198 these marine mammal stocks and this marine mammals where fishing effort to 145 based on 2000 data. fishery have been documented in overlaps with marine mammal AK Bering Sea, Gulf of Alaska Finfish previous Stock Assessment Reports. The distribution. While the majority of Pot Fishery absence of these marine mammals from records of entanglements in fixed gear previous LOFs was in error. Therefore, NMFS proposes to change the number cannot be attributed to a specific NMFS proposes to correct this oversight fishery, it is likely that some of participants in this fishery from 257 in the 2003 LOF. to 314 based on 2000 data. entanglements occurred in trap/pot Commercial Fisheries in the Atlantic fisheries other than lobster and blue CA Longline Fishery Ocean, Gulf of Mexico, and Caribbean: crab trap/pot fisheries. These other trap/ NMFS proposes to change the number Fishery Classification pot fisheries may occasionally result in of participants in this fishery from 45 to incidental serious injury and mortality Atlantic Mixed Species Trap/Pot Fishery 30 to reflect current effort in this to marine mammals. Therefore, NMFS fishery. NMFS proposes to add the ‘‘Atlantic proposes to reclassify these fixed gear mixed species trap/pot fishery’’ to the fisheries based on analogy with the CA/OR Thresher Shark/Swordfish Drift LOF to encompass the Northeast trap/ Northeast/Mid-Atlantic American Gillnet Fishery pot fishery, the Mid-Atlantic mixed lobster trap/pot fishery and the Atlantic NMFS proposes to revise the number species trap/pot fishery, and the U.S. blue crab trap/pot fishery. NMFS does of participants in this fishery to 113, Mid-Atlantic and Southeast U.S. not believe that the rate of incidental

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1421

serious injury/mortality in non-lobster the next year, NMFS will work with the relatively discrete communities trap/pot fisheries would be at the Gulf States Marine Fisheries throughout these areas. PBR levels have Category I level because, while the exact Commission and the National Sea Grant been calculated for each smaller stock number of participants is unknown, Extension Enhancement Program to where abundance estimates are there are far fewer participants in these improve data on bottlenose dolphin available. fixed gear fisheries than in the lobster entanglements and to reduce incidental Tier 1 Evaluation: NMFS reviewed fishery. Therefore, NMFS proposes to takes of bottlenose dolphins in this data from stranded bottlenose dolphins capture these other trap/pot fisheries in fishery by removing derelict traps and from the Gulf of Mexico that were the newly named Atlantic mixed educating crabbers. NMFS will necropsied and examined for signs of species trap/pot fishery and to classify reevaluate this fishery in the 2004 LOF. human interaction. Between 1997 and this fishery as Category II. 2000, stranding network members in Specifically, this fishery would Gulf of Mexico Gillnet Fishery Gulf of Mexico states recovered 39 combine the Category II Northeast trap/ NMFS proposes to elevate the Gulf of bottlenose dolphins from the Gulf of pot fishery, the Category III Mid- Mexico gillnet fishery to Category II. In Mexico Bay, Sound, and Estuarine Atlantic mixed species trap/pot fishery, the 2001 LOF (66 FR 42780, August 15, stocks (approximately 10 animals per and the Category III U.S. Mid-Atlantic 2001), NMFS combined the Category III year) that died as a result of human and Southeast U.S. Atlantic black sea Gulf of Mexico inshore gillnet, Gulf of interactions. Of the 39 animals bass trap/pot fishery and include any Mexico coastal gillnet, and Gulf of recovered, up to 12 showed evidence other trap/pot gear that is not included Mexico king and Spanish mackerel that gillnet interactions could have in other trap/pot fisheries specifically gillnet fisheries into one fishery named caused the resulting mortality. Of the 12 identified in the LOF. An estimate of the the ‘‘Gulf of Mexico gillnet fishery.’’ animals with signs of gillnet interaction, number of participants in the Atlantic NMFS initially proposed to elevate this the cause of death of 5 of the animals mixed species trap/pot fishery is fishery to Category II based on was clearly attributable to gillnet gear. currently unavailable. The marine documented interactions with Gulf of Therefore, gillnet gear accounted for the mammal species or stocks incidentally Mexico stocks of bottlenose dolphins. mortality of a minimum of 1.25 animals injured and killed in these trap/pot Ultimately, NMFS decided to reevaluate per year, averaged over the 4 years from fisheries include the Western North the available data and maintained the 1997 to 2000. More specifically, the 5 Atlantic stock of fin whales, the Gulf of fishery in Category III in the 2001 LOF. dolphins were distributed in the Maine stock of humpback whales, the Estimates of incidental mortality and following areas over a period of 4 years Canadian east coast stock of Minke serious injury of marine mammals in from 1997 to 2000: 1 from Charlotte whales, and the Gulf of Maine/Bay of this fishery are derived primarily from Harbor (PBR = 1.5 animals per year) for Fundy stock of harbor porpoise. stranding data. Although gillnet effort an annual mortality of 17 percent of the The Category I Northeast/Mid- has been declining in the Gulf of PBR level; 2 from Mississippi Sound Atlantic American lobster trap/pot Mexico, a reevaluation of stranding data (PBR = 13 animals per year) for an fishery and the Category II Atlantic blue indicates that bottlenose dolphin annual mortality of 4 percent of the PBR crab trap/pot fishery would retain their strandings continue to occur in areas level; and one each from the Mississippi separate listings under the LOF. The where gillnet fishing occurs. Because of River Delta and Vermillion Bay, where Category III Florida spiny lobster trap/ the small population size of some of the abundance estimates, and therefore the pot, Southeastern U.S. Atlantic, Gulf of dolphin stocks in the bays, sounds, and PBR levels, are unknown because no Mexico stone crab trap/pot, and U.S. estuaries of the Gulf of Mexico, the PBR dolphins were sighted in surveys of Mid-Atlantic eel trap/pot fisheries levels for these stocks are also low, and those areas. Incidental mortality and would remain as separate fisheries in one interaction every few years can serious injury of Charlotte Harbor Category III because the operation of exceed the thresholds for Tier I and bottlenose dolphins in this fishery alone these trap/pot fisheries does not overlap Category I and II levels. Based on exceeds 10 percent of the PBR level for with right whale distribution and these analogy with other gillnet fisheries, the this stock. Therefore, this fishery is particular fisheries are not known to Atlantic Scientific Review Group’s subject to Tier 2 analysis. interact with marine mammals except recommendation that NMFS elevate all Tier 2 Evaluation: The incidental on rare occasions. The Southeastern gillnet fisheries to at least Category II mortality and serious injury of Charlotte U.S. Atlantic, Gulf of Mexico golden unless there is evidence to the contrary, Harbor bottlenose dolphins and crab fishery would also remain a and the stranding data presented in the Mississippi Sound bottlenose dolphins separate fishery in Category III because following Tier anlaysis, NMFS proposes in the Gulf of Mexico gillnet fishery this fishery is a deep water fishery that to elevate the Gulf of Mexico gillnet exceeds 1 percent of the PBR level, but does not use vertical buoy lines fishery to Category II. There are is less than 50 percent of the PBR level, typically used in other trap/pot approximately 724 participants in this for each of these marine mammal stocks. fisheries. fishery. The species or stocks Therefore, NMFS proposes to elevate incidentally injured and killed in this this fishery to Category II. Gulf of Mexico Blue Crab Trap/Pot fishery include the Western, Northern, Fishery and Eastern Gulf of Mexico coastal Mid-Atlantic Coastal Gillnet Fishery NMFS continues to monitor stocks of bottlenose dolphins and the NMFS proposes to elevate the Mid- incidental mortality and serious injury Gulf of Mexico Bay, Sound, and Atlantic coastal gillnet fishery to of marine mammals in the Gulf of Estuarine stocks of bottlenose dolphins. Category I as justified by the following Mexico blue crab trap/pot fishery. Gulf of Mexico Bay, Sound, and tier analysis. Marine mammal species Initially, NMFS proposed to elevate the Estuarine stocks of bottlenose dolphins and stocks incidentally injured and fishery to Category II in the 2001 LOF have been broken down into a series of killed by this fishery include: the Gulf based on documented interactions with smaller stocks based on geographic area of Maine stock of humpback whales, the Gulf of Mexico stocks ofbottlenose (e.g., Charlotte Harbor, Mississippi River Canadian east coast stock of Minke dolphins. NMFS will continue to Delta) given information that these whales, the western North Atlantic monitor this fishery while maintaining bottlenose dolphins exhibit finely- (WNA) offshore and coastal stocks of it in Category III in the 2003 LOF. Over scaled population structure and occur in bottlenose dolphin, the Gulf of Maine/

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1422 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

Bay of Fundy stock of harbor porpoise, bottlenose dolphins per year, which particular fishery is provided. If no the WNA stock of harbor seals, the exceeds the PBR (171 animals per year) recent information is available on the WNA stock of harp seals, the WNA for this stock. Because the annual number of participants in a fishery, the stocks of long-finned and short-finned incidental mortality and serious injury number from the 1996 LOF is used. pilot whales, the WNA stock of white- in the Mid-Atlantic coastal gillnet The tables also list the marine sided dolphin, and the WNA stock of fishery exceeds 50 percent of the PBR mammal species and stocks that are common dolphin. There are for this stock, the fishery qualifies for incidentally killed or injured in each approximately 655 participants in this reclassification as a Category I fishery. fishery based on observer data, logbook fishery. The following tier analysis Addition of Fisheries to the LOF data, stranding reports, and fisher supports elevation of this fishery to reports. This list includes all species or Category I. See discussion of U.S. Atlantic Trap/ stocks known to experience injury or Tier 1 Evaluation: NMFS’ observer Pot Mixed Species Fishery. mortality in a given fishery, but also program has documented incidental Removals of Fisheries from the LOF includes species or stocks for which mortality and serious injury of the WNA there are anecdotal or historical, but not coastal stock of bottlenose dolphins in No changes proposed. necessarily current, records of the Mid-Atlantic coastal gillnet fishery. Fishery Name and Organizational interaction. Additionally, species For management purposes, coastal ChangesNo changes proposed. identified by logbook entries may not be bottlenose dolphins have been assigned Number of Vessels/PersonsNo verified. Therefore, not all species or to seven management units based on the changes proposed. stocks identified are the reason for a results of genetic, stable isotope ratio, fishery’s placement in a given category. photo-identification, and telemetry List of Species that are Incidentally There are a few fisheries that are in studies. Incidental mortality and serious Injured or Killed Category II that have no recently injury of the WNA coastal stock of No changes proposed. documented interactions with marine bottlenose dolphins across all fisheries mammals. Justifications for placement exceeds 10 percent of the PBR level for List of Fisheries of these fisheries are by analogy to other this stock of bottlenose dolphins. The following two tables list U.S. gear types that are known to cause Therefore, this fishery is subject to Tier commercial fisheries according to their mortality or serious injury of marine 2 analysis. assigned categories under section 118 of mammals, as discussed in the final LOF Tier 2 Evaluation: Annual incidental the MMPA. The estimated number of for 1996 (60 FR 67063, December 28, mortality and serious injury in the Mid- vessels/participants is expressed in 1995). Atlantic coastal gillnet fishery has been terms of the number of active Table 1 lists commercial fisheries in estimated from observer coverage. The participants in the fishery, when the Pacific Ocean (including Alaska); Mid-Atlantic coastal gillnet fishery possible. If this information is not Table 2 lists commercial fisheries in the causes an estimated incidental mortality available, the estimated number of Atlantic Ocean, Gulf of Mexico, and and serious injury of 233 WNA coastal vessels or persons licensed for a Caribbean.

TABLE 1—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Estimated no. of Marine mammal species and stocks incidentally killed/ Fishery Description vessels/ persons injured

Category I

GILLNET FISHERIES: CA angel shark/halibut and other species (>3.5 in mesh) set gillnet 58 Harbor porpoise, central CA Common dolphin, short-beaked, CA/OR/WA Common dolphin, long-beaked CA California sea lion, U.S. Harbor seal, CA Northern elephant seal, CA breeding Sea otter, CA

Category II

GILLNET FISHERIES: AK Bristol Bay salmon drift gillnet ...... 1,903 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific Harbor seal, Bering Sea Beluga whale, Bristol Bay Gray whale, Eastern North Pacific Spotted seal, AK Pacific white-sided dolphin, North Pacific AK Bristol Bay salmon set gillnet ...... 1,014 Harbor seal, Bering Sea Beluga whale, Bristol Bay Gray whale, Eastern North Pacific Northern fur seal, Eastern Pacific Spotted seal, AK AK Kodiak salmon set gillnet ...... 188 Harbor seal, GOA Harbor porpoise, GOA Sea otter, AK AK Metlakatla/Annette Island salmon drift gillnet ...... 60 None documented

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1423

TABLE 1—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated no. of Marine mammal species and stocks incidentally killed/ Fishery Description vessels/ persons injured

AK Peninsula/Aleutian Islands salmon drift gillnet 164 Northern fur seal, Eastern Pacific Harbor seal, GOA Harbor porpoise, Bering Sea Dall’s porpoise, AK AK Peninsula/Aleutian Islands salmon set gillnet ...... 116 Steller sea lion, Western U.S. Harbor porpoise, Bering Sea AK Prince William Sound salmon drift gillnet ...... 541 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific Harbor seal, GOA Pacific white-sided dolphin, North Pacific Harbor porpoise, GOA Dall’s porpoise, AK Sea Otter, AK AK Southeast salmon drift gillnet ...... 481 Steller sea lion, Eastern U.S. Harbor seal, Southeast AK Pacific white-sided dolphin, North Pacific Harbor porpoise, Southeast AK Dall’s porpoise, AK Humpback whale, central North Pacific AK Yakutat salmon set gillnet ...... 170 Harbor seal, Southeast AK Gray whale, Eastern North Pacific CA/OR thresher shark/swordfish drift gillnet (≥ 14 in. mesh) ...... 113 Steller sea lion, Eastern U.S. Sperm whale, CA/OR/WA Dall’s porpoise, CA/OR/WA Northern Pacific white-sided dolphin, CA/OR/WA Southern Pacific white-sided dolphin, CA/OR/WA Risso’s dolphin, CA/OR/WA Bottlenose dolphin, CA/OR/WA offshore Short-beaked common dolphin CA/OR/WA Long-beaked common dolphin CA/OR/WA Northern right-whale dolphin, CA/OR/WA Short-finned pilot whale, CA/OR/WA Baird’s beaked whale, CA/OR/WA Mesoplodont beaked whale, CA/OR/WA Cuvier’s beaked whale, CA/OR/WA Pygmy sperm whale, CA/OR/WA California sea lion, U.S. Northern elephant seal, CA breeding Humpback whale, CA/OR/WA-Mexico Minke whale, CA/OR/WA Striped dolphin, CA/OR/WA Killer whale, CA/OR/WA Pacific coast Northern fur seal, San Miguel Island

CA yellowtail, barracuda, white seabass, and tuna drift gillnet fish- 24 None documented ery (mesh size >3.5 inches and <14 inches). WA Puget Sound Region salmon drift gillnet (includes all inland 725 Harbor porpoise, inland WA waters south of US-Canada border and eastward of the Bonilla- Dall’s porpoise, CA/OR/WA Tatoosh line Treaty Indian fishing is excluded). Harbor seal, WA inland PURSE SEINE FISHERIES: AK Southeast salmon purse seine ...... 416 Humpback whale, central North Pacific CA anchovy, mackerel, tuna purse seine ...... 150 Bottlenose dolphin, CA/OR/WA offshore California sea lion, U.S. Harbor seal, CA CA squid purse seine ...... 65 Short-finned pilot whale, CA/OR/WA

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1424 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

TABLE 1—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated no. of Marine mammal species and stocks incidentally killed/ Fishery Description vessels/ persons injured

TRAWL FISHERIES: AK Bering Sea and Aleutian Islands Groundfish Trawl ...... 157 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific Killer whale, Eastern North Pacific resident Killer whale, Eastern North Pacific transient Pacific white-sided dolphin, North Pacific Harbor porpoise, Bering Sea Harbor seal, Bering Sea Bearded seal, AK Ringed seal, AK Spotted seal, AK Dall’s porpoise, AK Ribbon seal, AK Northern elephant seal, CA breeding Sea otter, AK Pacific walrus, AK Humpback whale, Central North Pacific Humpback whale, Western North Pacific Fin whale, Northeast Pacific AK miscellaneous finfish pair trawl ...... 2 None documented LONGLINE FISHERIES: California pelagic longline ...... 30 California sea lion OR swordfish floating longline ...... 2 None documented OR blue shark floating longline 1 None documented

Category III

GILLNET FISHERIES: AK Cook Inlet salmon drift gillnet ...... 576 Steller sea lion, Western U.S. Harbor seal, GOA Harbor porpoise, GOA Dall’s porpoise, AK Beluga whale, Cook Inlet AK Cook Inlet salmon set gillnet ...... 745 Steller sea lion, Western U.S. Harbor seal, GOA Harbor porpoise, GOA Dall’s porpoise, AK Beluga whale, Cook Inlet AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet ..... 1,922 Harbor porpoise, Bering Sea AK miscellaneous finfish set gillnet 3 Steller sea lion, Western U.S. AK Prince William Sound salmon set gillnet ...... 30 Steller sea lion, Western U.S. Harbor seal, GOA AK roe herring and food/bait herring gillnet ...... 2,034 None documented CA set and drift gillnet fisheries that use a stretched mesh size of 341 None documented 3.5 in or less. Hawaii gillnet ...... 115 Bottlenose dolphin, HI Spinner dolphin, HI WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fish- 24 Harbor seal, OR/WA coast ing). WA, OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch, 913 None documented rockfish gillnet. WA, OR lower Columbia River (includes tributaries) drift gillnet ...... 110 California sea lion, U.S. Harbor seal, OR/WA coast WA Willapa Bay drift gillnet ...... 82 Harbor seal, OR/WA coast Northern elephant seal, CA breeding PURSE SEINE, BEACH SEINE, ROUND HAUL AND THROW NET FISHERIES: AK Metlakatla salmon purse seine ...... 10 None documented AK miscellaneous finfish beach seine ...... 1 None documented AK miscellaneous finfish purse seine ...... 3 None documented AK octopus/squid purse seine ...... 2 None documented AK roe herring and food/bait herring beach seine ...... 8 None documented AK roe herring and food/bait herring purse seine ...... 624 None documented AK salmon beach seine ...... 34 None documented AK salmon purse seine (except Southeast Alaska, which is in Cat- 953 Harbor seal, GOA egory II). CA herring purse seine ...... 100 California sea lion, U.S. Harbor seal, CA CA sardine purse seine ...... 120 None documented HI opelu/akule net ...... 16 None documented HI purse seine ...... 18 None documented HI throw net, cast net ...... 47 None documented

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1425

TABLE 1—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated no. of Marine mammal species and stocks incidentally killed/ Fishery Description vessels/ persons injured

WA (all species) beach seine or drag seine ...... 235 None documented WA, OR herring, smelt, squid purse seine or lampara ...... 130 None documented WA salmon purse seine ...... 440 None documented WA salmon reef net 53 None documented DIP NET FISHERIES: CA squid dip net ...... 115 None documented WA, OR smelt, herring dip net ...... 119 None documented MARINE AQUACULTURE FISHERIES: CA salmon enhancement rearing pen ...... >1 None documented OR salmon ranch ...... 1 None documented WA, OR salmon net pens ...... 14 California sea lion, U.S. Harbor seal, WA inland waters TROLL FISHERIES: AK North Pacific halibut, AK bottom fish, WA, OR, CA albacore, 1,530 (330 AK) None documented groundfish, bottom fish, CA halibut non-salmonid troll fisheries. AK salmon troll ...... 2,335 Steller sea lion, Western U.S. Steller sea lion, Eastern U.S. American Samoa tuna troll ...... <50 None documented CA/OR/WA salmon troll ...... 4,300 None documented Commonwealth of the Northern Mariana Islands tuna troll ...... 50 None documented Guam tuna troll ...... 50 None documented HI net unclassified ...... 106 None documented HI trolling, rod and reel 1,795 None documented LONGLINE/SET LINE FISHERIES: AK Bering Sea, Aleutian Islands groundfish longline/set line (feder- 148 Northern elephant seal, CA breeding ally regulated waters, including miscellaneous finfish and sable- Killer whale, Eastern North Pacific resident fish). Killer whale, transient Steller sea lion, Western U.S. Pacific white-sided dolphin, North Pacific Dall’s porpoise, AK Harbor seal, Bering Sea AK Gulf of Alaska groundfish longline/set line (federally regulated 1,030 Steller sea lion, Western U.S. waters, including miscellaneous finfish and sablefish). Harbor seal, Southeast AK Northern elephant seal, CA breeding AK halibut longline/set line (State and Federal waters) ...... 3,079 Steller sea lion, Western U.S. AK octopus/squid longline ...... 7 None documented AK state-managed waters groundfish longline/setline (including sa- 731 None documented blefish, rockfish, and miscellaneous finfish). HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic sharks 140 Humpback whale, Central North Pacific longline/set line. False killer whales, HI Risso’s dolphin, HI Bottlenose dolphin, HI Spinner dolphin, HI Short-finned pilot whale, HI Sperm whale, HI WA, OR, CA groundfish, bottomfish longline/set line ...... 367 None documented WA, OR North Pacific halibut longline/set line ...... 350 None documented TRAWL FISHERIES: AK food/bait herring trawl ...... 3 None documented AK Gulf of Alaska groundfish trawl ...... 145 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific Harbor seal, GOA Dall’s porpoise, AK Northern elephant seal, CA breeding Fin whale, Northeast Pacific AK miscellaneous finfish otter or beam trawl ...... 6 None documented AK shrimp otter trawl and beam trawl (statewide and Cook Inlet) ... 58 None documented AK state-managed waters of Cook Inlet, Kachemak Bay, Prince 2 None documented William Sound, Southeast AK groundfish trawl WA, OR, CA groundfish trawl ...... 585 Steller sea lion, Western U.S. Northern fur seal, Eastern Pacific Pacific white-sided dolphin, central North Pacific Dall’s porpoise, CA/OR/WA California sea lion, U.S. Harbor seal, OR/WA coast WA, OR, CA shrimp trawl ...... 300 None documented POT, RING NET, AND TRAP FISHERIES: AK Bering Sea, Gulf of Alaska finfish pot ...... 314 Harbor seal, GOA Harbor seal, Bering Sea Sea otter, AK AK crustacean pot ...... 1,852 Harbor porpoise, Southeast AK

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1426 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

TABLE 1—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated no. of Marine mammal species and stocks incidentally killed/ Fishery Description vessels/ persons injured

AK octopus/squid pot 72 None documented AK snail pot ...... 2 None documented CA lobster, prawn, shrimp, rock crab, fish pot ...... 608 Sea otter, CA OR, CA hagfish pot or trap 25 None documented WA, OR, CA crab pot ...... 1,478 None documented WA, OR, CA sablefish pot ...... 176 None documented WA, OR shrimp pot & trap ...... 254 None documented HI crab trap ...... 22 None documented HI fish trap ...... 19 None documented HI lobster trap ...... 15 Hawaiian monk seal HI shrimp trap ...... 5 None documented HANDLINE AND JIG FISHERIES: AK miscellaneous finfish handline and mechanical jig ...... 100 None documented AK North Pacific halibut handline and mechanical jig ...... 93 None documented AK octopus/squid handline ...... 2 None documented American Samoa bottomfish ...... <50 None documented Commonwealth of the Northern Mariana Islands bottomfish ...... <50 None documented Guam bottomfish ...... <50 None documented HI aku boat, pole and line ...... 54 None documented HI deep sea bottomfish ...... 434 Hawaiian monk seal Hi inshore handline ...... 650 Bottlenose dolphin, HI HI tuna ...... 144 Rough-toothed dolphin, HI Bottlenose dolphin, HI Hawaiian monk seal WA groundfish, bottomfish jig ...... 679 None documented HARPOON FISHERIES: CA swordfish harpoon ...... 228 None documented POUND NET/WEIR FISHERIES: AK herring spawn on kelp pound net ...... 452 None documented AK Southeast herring roe/food/bait pound net ...... 3 None documented WA herring brush weir ...... 1 None documented BAIT PENS: WA/OR/CA bait pens ...... 13 None documented DREDGE FISHERIES: Coastwide scallop dredge ...... 108 (12 AK) None documented DIVE, HAND/MECHANICAL COLLECTION FISHERIES: AK abalone ...... 1 None documented AK clam ...... 156 None documented WA herring spawn on kelp ...... 4 None documented AK dungeness crab ...... 3 None documented AK herring spawn on kelp ...... 363 None documented AK urchin and other fish/shellfish ...... 471 None documented CA abalone ...... 111 None documented CA sea urchin ...... 583 None documented HI coral diving ...... 2 None documented HI fish pond ...... 10 None documented HI handpick ...... 135 None documented HI lobster diving ...... 6 None documented HI squiding, spear ...... 267 None documented WA, CA kelp ...... 4 None documented WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, 637 None documented 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 passenger fishing vessel ...... >7,000 (1,107 AK) None documented HI ‘‘other’’ ...... 114 None documented LIVE FINFISH/SHELLFISH FISHERIES: CA finfish and shellfish live trap/hook-and-line ...... 93 None documented List of Abbreviations Used in Table 1: AK--Alaska; CA--California; GOA-- Gulf of Alaska; HI--Hawaii; OR--Oregon; WA--Washington.

VerDate Dec<13>2002 16:41 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1427

TABLE 2—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN

Estimated # of Marine mammal species and stocks incidentally in- Fishery Description vessels/persons jured and killed

Category I

GILLNET FISHERIES: Mid-Atlantic coastal gillnet ...... >655 Humpback whale, Gulf of Maine Minke whale, Canadian east coast Bottlenose dolphin, WNA offshore Bottlenose dolphin, WNA coastal Harbor porpoise, GME/BF Harbor seal, WNA Harp seal, WNA Long-finned pilot whale, WNA Short-finned pilot whale, WNA White-sided dolphin, WNA Common dolphin, WNA Northeast sink gillnet ...... 341 North Atlantic right whale, WNA Humpback whale, WNA Minke whale, Canadian east coast Killer whale, WNA White-sided dolphin, WNA Bottlenose dolphin, WNA offshore Harbor porpoise, GME/BF Harbor seal, WNA Gray seal, WNA Common dolphin, WNA Fin whale, WNA Spotted dolphin, WNA False killer whale, WNA Harp seal, WNA LONGLINE FISHERIES: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline .. <200 Humpback whale, WNA Minke whale, Canadian east coast Risso’s dolphin, WNA Long-finned pilot whale, WNA Short-finned pilot whale, WNA Common dolphin, WNA Atlantic spotted dolphin, WNA Pantropical spotted dolphin, WNA Striped dolphin, WNA Bottlenose dolphin, WNA offshore Bottlenose dolphin, GMX Outer Continental Shelf Bottlenose dolphin, GMX Continental Shelf Edge and Slope Atlantic spotted dolphin, Northern GMX Pantropical spotted dolphin, Northern GMX Risso’s dolphin, Northern GMX Harbor porpoise, GME/BF TRAP/POT FISHERIES: Northeast/Mid-Atlantic American lobster trap/pot ...... 13,000 North Atlantic right whale, WNA Humpback whale, WNA Fin whale, WNA Minke whale, Canadian east coast Harbor seal, WNA TRAWL FISHERIES: Atlantic squid, mackerel, butterfish trawl ...... 620 Common dolphin, WNA Risso’s dolphin, WNA Long-finned pilot whale, WNA Short-finned pilot whale, WNA White-sided dolphin, WNA

Category II

GILLNET FISHERIES: Gulf of Mexico gillnet ...... 724 Bottlenose dolphin, Western GMX coastal Bottlenose dolphin, Northern GMX coastal Bottlenose dolphin, Eastern GMX coastal Bottlenose dolphin, GMX Bay, Sound, and Estuarine North Carolina inshore gillnet ...... 94 Bottlenose dolphin, WNA coastal Northeast anchored float gillnet 133 Humpback whale, WNA White-sided dolphin, WNA Harbor seal, WNA Northeast drift gillnet ...... unknown None documented Southeast Atlantic gillnet ...... 779 Bottlenose dolphin, WNA coastal

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1428 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

TABLE 2—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated # of Marine mammal species and stocks incidentally in- Fishery Description vessels/persons jured and killed

Southeastern U.S. Atlantic shark gillnet ...... 12 Bottlenose dolphin, WNA coastal North Atlantic right whale, WNA Atlantic spotted dolphin, WNA TRAWL FISHERIES: Atlantic herring midwater trawl (including pair trawl) ...... 17 Harbor seal, WNA TRAP/POT FISHERIES: Atlantic blue crab trap/pot ...... >16,000 Bottlenose dolphin, WNA coastal West Indian manatee, FL Atlantic mixed species trap/pot ...... unknown Fin whale, WNA Humback whale, Gule of Maine Minke whale, Canadian east coast Harbor porpoise, GME/BF PURSE SEINE FISHERIES: Gulf of Mexico menhaden purse seine ...... 50 Bottlenose dolphin, Western GMX coastal Bottlenose dolphin, Northern GMX coastal HAUL/BEACH SEINE FISHERIES: Mid-Atlantic haul/beach seine ...... 25 Bottlenose dolphin, WNA coastal Harbor porpoise, GME/BF North Carolina long haul seine ...... 33 Bottlenose dolphin, WNA coastal STOP NET FISHERIES: North Carolina roe mullet stop net ...... 13 Bottlenose dolphin, WNA coastal POUND NET FISHERIES: Virginia pound net ...... 187 Bottlenose dolphin, WNA coastal

Category III

GILLNET FISHERIES: Caribbean gillnet ...... >991 Dwarf sperm whale, WNA West Indian manatee, Antillean Chesapeake Bay inshore gillnet ...... 45 Harbor porpoise, GME/BF Delaware Bay inshore gillnet ...... 60 Humpback whale, WNA Bottlenose dolphin, WNA coastal Harbor porpoise, GME/BF Long Island Sound inshore gillnet ...... 20 Humpback whale, WNA Bottlenose dolphin, WNA coastal Harbor porpoise, GME/BF Rhode Island, southern Massachusetts (to Monomoy Island), and 32 Humpback whale, WNA New York Bight (Raritan and Lower New York Bays) inshore Bottlenose dolphin, WNA coastal gillnet. Harbor porpoise, GME/BF TRAWL FISHERIES: Calico scallops trawl ...... 12 None documented Crab trawl ...... 400 None documented Georgia, South Carolina, Maryland whelk trawl ...... 25 None documented Gulf of Maine, Mid-Atlantic sea scallop trawl ...... 215 None documented Gulf of Maine northern shrimp trawl ...... 320 None documented Gulf of Mexico butterfish trawl ...... 2 Atlantic spotted dolphin, Eastern GMX Pantropical spotted dolphin, Eastern GMX Gulf of Mexico mixed species trawl ...... 20 None documented Mid-Atlantic mixed species trawl ...... >1,000 None documented North Atlantic bottom trawl ...... 1,052 Long-finned pilot whale, WNA Short-finned pilot whale, WNA Common dolphin, WNA White-sided dolphin, WNA Striped dolphin, WNA Bottlenose dolphin, WNA offshore Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ...... >18,000 Bottlenose dolphin, WNA coastal U.S. Atlantic monkfish trawl ...... unknown Common dolphin, WNA MARINE AQUACULTURE FISHERIES: Finfish aquaculture ...... 48 Harbor seal, WNA Shellfish aquaculture ...... unknown None documented PURSE SEINE FISHERIES: Gulf of Maine Atlantic herring purse seine ...... 30 Harbor porpoise, GME/BF Harbor seal, WNA Gray seal, WNA Gulf of Maine menhaden purse seine ...... 50 None documented Florida west coast sardine purse seine ...... 10 Bottlenose dolphin, Eastern GMX coastal Mid-Atlantic menhaden purse seine ...... 22 Bottlenose dolphin, WNA coastal Humpback whale, WNA U.S. Atlantic tuna purse seine ...... unknown None documented U.S. Mid-Atlantic hand seine ...... >250 None documented

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules 1429

TABLE 2—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated # of Marine mammal species and stocks incidentally in- Fishery Description vessels/persons jured and killed

LONGLINE/HOOK-AND-LINE FISHERIES: Gulf of Maine tub trawl groundfish bottom longline/ hook-and-line .. 46 Harbor seal, WNA Gray seal, Northwest North Atlantic Humpback whale, WNA Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and- 26,223 Humpback whale, WNA line/harpoon. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snap- >5,000 None documented per-grouper and other reef fish bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/ 124 None documented hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico, U.S. Mid-Atlantic pe- 1,446 None documented lagic hook-and-line/harpoon. TRAP/POT FISHERIES Caribbean mixed species trap/pot ...... >501 None documented Caribbean spiny lobster trap/pot ...... >197 None documented Florida spiny lobster trap/pot ...... 2,145 Bottlenose dolphin, Eastern Gulf of Mexico coastal Gulf of Mexico blue crab trap/pot ...... 4,113 Bottlenose dolphin, Western GMX coastal Bottlenose dolphin, Northern GMX coastal Bottlenose dolphin, Eastern GMX coastal Bottlenose dolphin, GMX Bay, Sound, & Estuarine West Indian manatee, FL Gulf of Mexico mixed species trap/pot ...... unknown None documented Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot ..... 10 None documented Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot ...... 4,453 None documented U.S. Mid-Atlantic eel trap/pot ...... >700 None documented STOP SEINE/WEIR/POUND NET FISHERIES: Gulf of Maine herring and Atlantic mackerel stop seine/weir ...... 50 North Atlantic right whale, WNA Humpback whale, WNA Minke whale, Canadian east coast Harbor porpoise, GME/BF Harbor seal, WNA Gray seal, Northwest North Atlantic U.S. Mid-Atlantic crab stop seine/weir ...... 2,600 None documented U.S. Mid-Atlantic mixed species stop seine/weir/ pound net (except 751 None documented the North Carolina roe mullet stop net). DREDGE FISHERIES: Gulf of Maine mussel ...... >50 None documented Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ...... 233 None documented U.S. Mid-Atlantic/Gulf of Mexico oyster ...... 7,000 None documented U.S. Mid-Atlantic offshore surf clam and quahog dredge ...... 100 None documented HAUL/BEACH SEINE FISHERIES: Caribbean haul/beach seine ...... 15 West Indian manatee, Antillean Gulf of Mexico haul/beach seine ...... unknown None documented Southeastern U.S. Atlantic, haul/beach seine ...... 25 None documented DIVE, HAND/MECHANICAL COLLECTION FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/me- 20,000 None documented chanical collection. Gulf of Maine urchin dive, hand/mechanical collection ...... >50 None documented Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean unknown None documented cast net. COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger 4,000 None documented fishing vessel. List of Abbreviations Used in Table 2: FL--Florida; GA--Georgia; GME/BF-- Gulf of Maine/Bay of Fundy; GMX--Gulf of Mexico; NC--North Caro- lina; SC-- South Carolina; TX--Texas; WNA--Western North Atlantic.

Classification convenience, the factual basis leading to vessels operate in Category I or II fisheries, the certification is repeated below. and therefore, are required to register. The Chief Counsel for Regulation of Under existing regulations, all fishers However, registration has been integrated the Department of Commerce certified participating in Category I or II fisheries must with existing state or Federal registration to the Chief Counsel for Advocacy of the register under the MMPA, obtain an programs for the majority of these fisheries so Small Business Administration that this Authorization Certificate, and pay a fee of that the majority of fishers do not need to proposed rule would not have a $25. The Authorization Certificate authorizes register separately under the MMPA. significant economic impact on a the taking of marine mammals incidental to Currently, approximately 5,800 fishers substantial number of small entities. For commercial fishing operations. NMFS has register directly with NMFS under the estimated that approximately 40,000 fishing MMPA authorization program.

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1 1430 Federal Register / Vol. 68, No. 7 / Friday, January 10, 2003 / Proposed Rules

An additional 935 fishers would be eligible collection of information subject to the DEPARTMENT OF COMMERCE to register as a result of this proposed rule. requirements of the Paperwork However, these fishers may already Reduction Act unless that collection of National Oceanic and Atmospheric participate in Category I or II fisheries for information displays a currently valid Administration which they currently register under the Office of Management and Budget MMPA or participate in Federal or state 50 CFR Part 635 fisheries with integrated registration (OMB) control number. programs, such as fisheries in Alaska, and This proposed rule has been [Docket No. 021113274–2274–01; I.D. therefore, would not be required to register determined to be not significant for the 031501A] separately under the MMPA or pay an purposes of E.O. 12866. additional $25 registration fee. Fisheries that RIN 0648–AO79 this rule proposes to elevate to Category II An environmental assessment (EA) and whose participants would be required to was prepared under the National Atlantic Highly Migratory Species; register include the Alaska Bering Sea and Environmental Policy Act (NEPA) for Exempted Fishing Activities: Aleutian Islands Groundfish Trawl fishery regulations to implement section 118 of Reopening of Comment Period (157 participants) and the Gulf of Mexico the MMPA (1995 EA). The 1995 EA gillnet fishery (724 participants). Addition of concluded that implementation of those AGENCY: National Marine Fisheries the California yellowtail, barracuda, white regulations would not have a significant Service (NMFS), National Oceanic and seabass, tuna drift gillnet fishery (mesh size impact on the human environment. This Atmospheric Administration (NOAA), > 3.5 in. and < 14 in.) to the LOF as a Commerce. Category II fishery would require 24 proposed rule would not make any additional participants to register. Addition significant change in the management of ACTION: Proposed rule; reopening of of the Atlantic mixed species trap/pot fishery reclassified fisheries, and therefore, this comment period. to the LOF as a Category II fishery, which proposed rule is not expected to change SUMMARY: involves combining the Northeast trap/pot the analysis or conclusion of the 1995 NMFS is reopening the fishery (already Category II), the Mid-Atlantic EA. If NMFS takes a management deadline for filing comments on the mixed species trap/pot fishery, and the U.S. action, for example, through the proposed rule published December 6, Mid-Atlantic and Southeast U.S. Atlantic development of a Take Reduction Plan 2002, which would modify existing black seabass trap/pot fishery would require (TRP), NMFS will first prepare an exempted fishing regulations for at least an additional 30 participants to Atlantic highly migratory species register since it would require elevating the environmental document as required under NEPA specific to that action. (HMS). Comments are currently due to Mid-Atlantic mixed species trap/pot fishery be filed by 5 p.m. eastern standard time, (number of participants unknown) and the This proposed rule will not affect U.S. Mid-Atlantic and Southeast U.S. on January 6, 2003. The comment species listed as threatened or period is being reopened to comply with Atlantic black seabass trap/pot fishery (30 endangered under the Endangered participants) to Category II. requests submitted by a number of Though this rule affects a substantial Species Act (ESA) or their associated constituents who potentially could be number of small entities, the $25 critical habitat. The impacts of affected by the proposed rule. numerous fisheries have been analyzed registration fee, with respect to DATES: The effective data for reopening anticipated revenues, is not considered in various biological opinions, and this the comment period is January 10, 2003 a significant economic impact. As a proposed rule will not affect the through March 17, 2003. Comments result of this certification, an initial conclusions of those opinions. The must be received by 5 p.m. eastern regulatory flexibility analysis was not classification of fisheries on the LOF is standard time, on March 17, 2003. prepared. not considered to be a management action that would adversely affect ADDRESSES: Written comments on the This proposed rule contains proposed rule should be submitted to collection-of-information requirements threatened or endangered species. If NMFS takes a management action, for Christopher Rogers, Chief, Highly subject to the Paperwork Reduction Act. Migratory Species Management Division The collection of information for the example, through the development of a TRP, NMFS would conduct consultation (F/SF1), Office of Sustainable Fisheries, registration of fishers under the MMPA NMFS, 1315 East-West Highway, Silver has been approved by the OMB under under section 7 of the ESA for that action. Spring, MD 20910. Comments also may OMB control number 0648-0293 (0.25 be sent via facsimile (fax) to 301–713– hours per report for new registrants and This proposed rule will have no 1917. Comments regarding the 0.15 hours per report for renewals). The adverse impacts on marine mammals collection-of-information requirement requirement for reporting marine and may have a positive impact on contained in this proposed rule should mammal injuries or moralities has been marine mammals by improving be sent to the Highly Migratory Species approved by OMB under OMB control knowledge of marine mammals and the Management Division (F/SF1), 1315 number 0648-0292 (0.15 hours per fisheries interacting with marine East-West Highway, Silver Spring, MD report). These estimates include the mammals through information collected 20910, and to the Office of Information time for reviewing instructions, from observer programs or take and Regulatory Affairs, Office of searching existing data sources, reduction teams. Management and Budget (OMB), gathering and maintaining the data This proposed rule will not affect the Washington, DC 20503 (Attention: needed, and completing and reviewing land or water uses or natural resources NOAA Desk Officer). Comments will the collection of information. Send of the coastal zone, as specified under not be accepted if submitted via e-mail comments regarding these reporting section 307 of the Coastal Zone or the internet. burden estimates or any other aspect of Management Act. FOR FURTHER INFORMATION CONTACT: Sari the collections of information, including Kiraly or Heather Stirratt at 301–713– suggestions for reducing burden, to Dated: January 03, 2003. 2347, fax 301–713–1917, e-mail NMFS and OMB (see ADDRESSES). William T. Hogarth, Notwithstanding any other provision Assistant Administrator for Fisheries, [email protected]. of law, no person is required to respond National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The to nor shall a person be subject to a [FR Doc. 03–523 Filed 1–9–03; 8:45 am] proposed rule was published on penalty for failure to comply with a BILLING CODE 3510–22–S December 6, 2002 (67 FR 72629).

VerDate Dec<13>2002 15:37 Jan 09, 2003 Jkt 200001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1