Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Proposed Rules

Federal Register / Vol. 71, No.
78 / Monday, April 24, 2006 / Proposed Rules 20941
DEPARTMENT OF COMMERCE proposed rule would require any DEPARTMENT OF COMMERCE

offshore pound net set in Pound Net
National Oceanic and Atmospheric Regulated Area I in the Virginia waters National Oceanic and Atmospheric
Administration of the Chesapeake Bay to use a modified Administration
pound net leader from May 6 to July 15
50 CFR PART 223 each year. This action, taken under the 50 CFR Part 229
[I.D. 041706C] Endangered Species Act of 1973 (ESA),
[Docket No. 060330090–6090–01, I.D.
responds to new information generated 021506B]
RIN 0648–AU10 by gear research and aims to conserve
sea turtles listed as threatened or RIN 0648–AU19
Sea Turtle Conservation; Public
endangered. Additional information on
Hearing Notification List of Fisheries for 2006
the justification for this action can be
AGENCY: National Marine Fisheries found in that proposed rule. AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and NMFS recognizes the need and Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), importance to obtain public comment Atmospheric Administration (NOAA),
Commerce. on the proposed action. In addition to Department of Commerce.
ACTION: Notice of public hearing. the April 26 meeting announced in this ACTION: Proposed rule.
SUMMARY: The National Marine
document, NMFS is accepting written
comments on the proposed action. SUMMARY: The National Marine
Fisheries Service (NMFS) is announcing Fisheries Service (NMFS) is publishing
its intent to hold a public hearing to Written comments on the proposed rule
or requests for copies of the literature the proposed List of Fisheries (LOF) for
inform interested parties of the 2006, as required by the Marine
proposed modifications to Federal cited, the draft Environmental
Assessment, or Regulatory Impact Mammal Protection Act (MMPA). The
regulations affecting pound net leaders proposed LOF for 2006 reflects new
in the Virginia Chesapeake Bay and to Review and Initial Regulatory
Flexibility Analysis should be information on interactions between
accept public comments on this action. commercial fisheries and marine
DATES: NMFS will hold a public hearing addressed to the Assistant Regional
mammals. NMFS must categorize each
at the Double Tree Hotel Virginia Beach, Administrator for Protected Resources,
commercial fishery on the LOF into one
on Wednesday, April 26, 2006, at 7 NMFS, One Blackburn Drive, of three categories under the MMPA
p.m., eastern daylight time. Gloucester, MA 01930. Comments and based upon the level of serious injury
ADDRESSES: The Double Tree Hotel requests for supporting documents may and mortality of marine mammals that
Virginia Beach is located at 1900 be sent via fax to 978–281–9394. occurs incidental to each fishery. The
Pavilion Drive, Virginia Beach, VA Comments will be accepted via email at categorization of a fishery in the LOF
23451 (ph..757–422–8900). poundnetmodification@noaa.gov and determines whether participants in that
Written comments on this action may via the Federal eRulemaking Portal: fishery are subject to certain provisions
be submitted on this proposed rule, http://www.regulations.gov. Follow the of the MMPA, such as registration,
identified by RIN 0648–AU10, by any instruction on the website for observer coverage, and take reduction
one of the following methods: submitting comments. The public plan requirements.
(1) E-mail: comment period closes at 5 p.m., DATES: Comments must be received by
poundnetmodification@noaa.gov. Please eastern daylight time, on May 1, 2006. May 24, 2006.
include the RIN 0648–AU10 in the In preparing the final rule for this ADDRESSES: Send comments to Chief,
subject line of the message. action, NMFS will fully consider the Marine Mammal Conservation Division,
(2) Federal eRulemaking Portal: public comments received during the Attn: List of Fisheries, Office of
http://www.regulations.gov. Follow the 15–day comment period (either in Protected Resources, NMFS, 1315 East-
instruction on the website for West Highway, Silver Spring, MD
writing or verbally during the public
submitting comments. 20910. Comments may also be sent via
hearing).
(3) NMFS/Northeast Region Website: email to 2006LOF.comments@noaa.gov
http://www.nero.noaa.gov/nero/regs/ Special Accommodations or to the Federal eRulemaking portal:
com.html. Follow the instructions on http://www.regulations.gov (follow
the website for submitting comments. This meeting is accessible to people
instructions for submitting comments).
(4) Mail: Mary Colligan, Assistant with disabilities. Requests for sign
Comments regarding the burden-hour
Regional Administrator for Protected language interpretation or other
estimates, or any other aspect of the
Resources, NMFS, Northeast Region, auxiliary aids should be directed to
collection of information requirements
One Blackburn Drive, Gloucester, MA Pasquale Scida, telephone 978–281– contained in this proposed rule, should
01930, ATTN: Sea Turtle Conservation 3928 x9208, fax 978–281–9394, at least be submitted in writing to the Chief,
Measures, Proposed Rule five days before the scheduled meeting Marine Mammal Conservation Division,
(5) Facsimile (fax): 978–281–9394, date. Office of Protected Resources, NMFS,
ATTN: Sea Turtle Conservation 1315 East-West Highway, Silver Spring,
Authority: 16 U.S.C. 1531 et seq.
Measures, Proposed Rule MD 20910 and to David Rostker, OMB,
FOR FURTHER INFORMATION CONTACT: Dated: April 19, 2006.
by e-mail at
Pasquale Scida (ph. 978–281–9208), James H. Lecky, DavidlRostker@omb.eop.gov or by fax
cchase on PROD1PC60 with PROPOSALS
NMFS, One Blackburn Drive, Director, Office Protected Resources, National to 202–395–7285.
Gloucester, MA 01930. Marine Fisheries Service. See SUPPLEMENTARY INFORMATION for a
SUPPLEMENTARY INFORMATION: A [FR Doc. E6–6106 Filed 4–21–06; 8:45 am] list of regional offices where registration
proposed rule was issued on April 17, BILLING CODE 3510–22–S information, materials, and marine
2006 (73 FR 19675), which proposes mammal reporting forms may be
revisions to current regulations. The obtained.
VerDate Aug<31>2005 16:27 Apr 21, 2006 Jkt 208001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\24APP1.SGM 24APP1
20942 Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Proposed Rules
FOR FURTHER INFORMATION CONTACT: the implementing regulations for section Category II for another marine mammal
Kristy Long, Office of Protected 118 of the MMPA (50 CFR 229.2). The stock will be listed under Category II).
Resources, 301–713–1401; David criteria are also summarized here.
Other Criteria That May Be Considered
Gouveia, Northeast Region, 978–281–
Fishery Classification Criteria In the absence of reliable information
9328; Juan Levesque, Southeast Region,
727–570–5312; Cathy Campbell, The fishery classification criteria indicating the frequency of incidental
Southwest Region, 562–980–4060; Brent consist of a two-tiered, stock-specific mortality and serious injury of marine
Norberg, Northwest Region, 206–526– approach that first addresses the total mammals by a commercial fishery,
6733; Bridget Mansfield, Alaska Region, impact of all fisheries on each marine NMFS will determine whether the
907–586–7642; Lisa Van Atta, Pacific mammal stock, and then addresses the incidental serious injury or mortality
Islands Region, 808–973–2937. impact of individual fisheries on each qualifies for Category II by evaluating
Individuals who use a stock. This approach is based on other factors such as fishing techniques,
telecommunications device for the consideration of the rate, in numbers of gear used, methods used to deter marine
hearing impaired may call the Federal animals per year, of incidental mammals, target species, seasons and
Information Relay Service at 1–800– mortalities and serious injuries of areas fished, qualitative data from
877–8339 between 8 a.m. and 4 p.m. marine mammals due to commercial logbooks or fisher reports, stranding
Eastern time, Monday through Friday, fishing operations relative to the data, and the species and distribution of
excluding Federal holidays. Potential Biological Removal (PBR) level marine mammals in the area, or at the
SUPPLEMENTARY INFORMATION:
for each marine mammal stock. The discretion of the Assistant
MMPA (16 U.S.C. 1362 (20)) defines the Administrator for Fisheries (50 CFR
Regional Offices PBR level as the maximum number of 229.2).
NMFS, Northeast Region, One animals, not including natural
mortalities, that may be removed from a How Do I Find Out if a Specific Fishery
Blackburn Drive, Gloucester, MA is in Category I, II, or III?
01930–2298, Attn: Marcia Hobbs; marine mammal stock while allowing
NMFS, Southeast Region, 263 13th that stock to reach or maintain its This proposed rule includes two
Avenue South, St. Petersburg, FL 33701, optimum sustainable population. This tables that list all U.S. commercial
Attn: Teletha Mincey; definition can also be found in the fisheries by LOF Category. Table 1 lists
NMFS, Southwest Region, Sustainable implementing regulations for section all of the fisheries in the Pacific Ocean
Fisheries Division, 501 W. Ocean Blvd., 118 at 50 CFR 229.2 (including Alaska). Table 2 lists all of
Suite 4200, Long Beach, CA 90802– Tier 1: If the total annual mortality the fisheries in the Atlantic Ocean, Gulf
4213, Attn: Lyle Enriquez; and serious injury across all fisheries of Mexico, and Caribbean.
NMFS, Northwest Region, 7600 Sand that interact with a stock is less than or
equal to 10 percent of the PBR level of Am I Required to Register Under the
Point Way NE, Seattle, WA 98115, Attn:
the stock, all fisheries interacting with MMPA?
Permits Office;
NMFS, Alaska Region, Protected the stock would be placed in Category Owners of vessels or gear engaging in
Resources, P.O. Box 22668, 709 West 9th III. Otherwise, these fisheries are subject a Category I or II fishery are required
Street, Juneau, AK 99802; or to the next tier (Tier 2) of analysis to under the MMPA (16 U.S.C. 1387(c)(2)),
NMFS, Pacific Islands Region, determine their classification. as described in 50 CFR 229.4, to register
Protected Resources Division, 1601 Tier 2, Category I: Annual mortality with NMFS and obtain a marine
Kapiolani Boulevard, Suite 1110, and serious injury of a stock in a given mammal authorization from NMFS in
Honolulu, HI 96814–4700. fishery is greater than or equal to 50 order to lawfully incidentally take a
percent of the PBR level. marine mammal in a commercial
What is the List of Fisheries? Tier 2, Category II: Annual mortality fishery. Owners of vessels or gear
Section 118 of the MMPA requires and serious injury of a stock in a given engaged in a Category III fishery are not
that NMFS place all U.S. commercial fishery is greater than 1 percent and less required to register with NMFS or
fisheries into one of three categories than 50 percent of the PBR level. obtain a marine mammal authorization.
based on the level of incidental serious Tier 2, Category III: Annual mortality
injury and mortality of marine mammals and serious injury of a stock in a given How Do I Register?
that occurs in each fishery (16 U.S.C. fishery is less than or equal to 1 percent Fishers must register with the Marine
1387 (c)(1)). The categorization of a of the PBR level. Mammal Authorization Program
fishery in the LOF determines whether While Tier 1 considers the cumulative (MMAP) by contacting the relevant
participants in that fishery may be fishery mortality and serious injury for NMFS Regional Office (see ADDRESSES)
required to comply with certain a particular stock, Tier 2 considers unless they participate in a fishery that
provisions of the MMPA, such as fishery-specific mortality and serious has an integrated registration program
registration, observer coverage, and take injury for a particular stock. Additional (described below). Upon receipt of a
reduction plan requirements. NMFS details regarding how the categories completed registration, NMFS will issue
must reexamine the LOF annually, were determined are provided in the vessel or gear owners physical evidence
consider new information in the Stock preamble to the final rule implementing of a current and valid registration that
Assessment Reports, other relevant section 118 of the MMPA (60 FR 45086, must be displayed or in the possession
sources, and the LOF, and publish in August 30, 1995). of the master of each vessel while
the Federal Register any necessary Since fisheries are categorized on a fishing in accordance with section 118
changes to the LOF after notice and per-stock basis, a fishery may qualify as of the MMPA (16 U.S.C. 1387(c)(3)(A)).
opportunity for public comment (16 one Category for one marine mammal
stock and another Category for a What is the Process for Registering in
U.S.C. 1387 (c)(3)).
different marine mammal stock. A an Integrated Fishery?
How Does NMFS Determine in which fishery is typically categorized on the For some fisheries, NMFS has
Category a Fishery is Placed? LOF at its highest level of classification integrated the MMPA registration
The definitions for the fishery (e.g., a fishery that qualifies for Category process with existing state and Federal
classification criteria can be found in III for one marine mammal stock and for fishery license, registration, or permit
Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Proposed Rules 20943
systems and related programs. the case of non-vessel fisheries), final SARs for 2001 (67 FR 10671,
Participants in these fisheries are participating in a Category I, II, or III March 8, 2002), the final SARs for 2002
automatically registered under the fishery must report all incidental (68 FR 17920, April 14, 2003), the final
MMPA and are not required to submit injuries or mortalities of marine SARs for 2003 (69 FR 54262, September
registration or renewal materials or pay mammals that occur during commercial 8, 2004), the final SARs for 2004 (70 FR
the $25 registration fee. The following is fishing operations to NMFS. ‘‘Injury’’ is 35397, June 20, 2005), and the draft
a list of integrated fisheries and a defined in 50 CFR 229.2 as a wound or SARs for 2005 (70 FR 37091, June 28,
summary of the integration process for other physical harm. In addition, any 2005).
each Region. Fishers who operate in an animal that ingests fishing gear or any Summary of Changes to the Proposed
integrated fishery and have not received animal that is released with fishing gear LOF for 2006
registration materials should contact entangling, trailing, or perforating any
their NMFS Regional Office (see part of the body is considered injured, The following summarizes changes in
ADDRESSES). regardless of the absence of any wound fishery classification including fisheries
or other evidence of an injury, and must listed on the LOF, the number of
Which Fisheries Have Integrated participants in a particular fishery, and
be reported. Instructions on how to
Registration Programs? the species and/or stocks that are
submit reports can be found in 50 CFR
The following fisheries have 229.6. incidentally killed or seriously injured
integrated registration programs under in a particular fishery that are proposed
the MMPA: Am I Required to Take an Observer for the 2006 LOF. The placement and
1. All Alaska Category II fisheries; Aboard My Vessel? definitions of U.S. commercial fisheries
2. All Washington and Oregon Fishers participating in a Category I or proposed for 2006 are identical to those
Category II fisheries; II fishery are required to accommodate provided in the LOF for 2005 with the
3. Northeast Regional fisheries for an observer aboard vessel(s) upon exceptions provided below.
which a state or Federal permit is request. Observer requirements can be Commercial Fisheries in the Pacific
required. Individuals fishing in fisheries found in 50 CFR 229.7. Ocean: Fishery Classification
for which no state or Federal permit is
required must register with NMFS by Am I Required to Comply With Any NMFS proposes to reclassify the AK
contacting the Northeast Regional Office Take Reduction Plan Regulations? Bering Sea and Aleutian Islands
(see ADDRESSES); and Fishers participating in a Category I or Greenland turbot longline fishery from
4. Southeast Regional fisheries for II fishery are required to comply with Category II to Category III. The 2005
which a state or Federal permit is any applicable take reduction plans. LOF reclassified this fishery based on a
required. Southeast Regional fisheries mortality of a killer whale (stock
Sources of Information Reviewed for unknown) that occurred in 1999. This
include all North Carolina, South
the Proposed 2006 LOF observed mortality extrapolated to an
Carolina, Georgia, Florida, Alabama,
Mississippi, Louisiana, Texas, and NMFS reviewed the marine mammal estimated mortality level of 3 animals in
Puerto Rico fisheries. Individuals incidental serious injury and mortality 1999, and a 5–year average of 0.6 killer
fishing in fisheries for which no state or information presented in the Stock whales per year for 1999–2003. In 2004,
Federal permit is required, must register Assessment Reports (SARs) for all there were no serious injuries or
with NMFS by contacting the Southeast observed fisheries to determine whether mortalities of this species in the
Regional Office (see ADDRESSES). changes in fishery classification were Greenland turbot longline fishery. When
5. The Hawaii Swordfish, Tuna, warranted. NMFS’ SARs are based on possible, fishery classifications are
Billfish, Mahi Mahi, Wahoo, Oceanic the best scientific information available based on the most recent 5 years of data
Sharks Longline/Set line Fishery. at the time of preparation for the for a commercial fishery. Thus for the
information presented in the SARs, years 2000–2004, the 5–year average
How Do I Renew My Registration including the level of serious injury and level of serious injury and mortality of
Under the MMPA? mortality of marine mammals that killer whales incidental to this fishery is
Regional Offices, except for the occurs incidental to commercial zero. This fishery is regularly observed
Northeast and Southeast Regions, fisheries and the PBR levels of marine by the Alaska Fisheries Science Center
annually send renewal packets to mammal stocks. NMFS also reviewed North Pacific Groundfish Observer
participants in Category I or II fisheries other sources of new information, Program and NMFS expects that future
that have previously registered; including marine mammal stranding serious injuries and mortalities of killer
however, it is the responsibility of the data, observer program data, fisher self- whales would be detected by the
fisher to ensure that registration or reports, and other information that is program. Therefore, NMFS proposes to
renewal forms are completed and not included in the SARs. reclassify this fishery from Category II to
submitted to NMFS at least 30 days in The information contained in the Category III.
advance of fishing. Individuals who SARs is reviewed by regional scientific NMFS proposes to reclassify the CA
have not received a renewal packet by review groups (SRGs) representing sardine purse seine fishery from
January 1 or are registering for the first Alaska, the Pacific (including Hawaii), Category III to Category II. This fishery
time should request a registration form and the U.S. Atlantic, Gulf of Mexico, includes all vessels using purse seine
from the appropriate Regional Office and Caribbean. The SRGs were created gear to target sardine off of the coast of
(see ADDRESSES). by the MMPA to review the science that California. Most fishing occurs off of
informs the SARs, and to advise NMFS southern California, and occurs year-
Am I Required to Submit Reports When on population status and trends, stock round. Fishing within 3 nautical miles
I Injure or Kill a Marine Mammal structure, uncertainties in the science, of shore is prohibited by state law.
During the Course of Commercial research needs, and other issues. NMFS began placing observers onboard
Fishing Operations? The proposed LOF for 2006 was CA sardine purse seine vessels in 2004
In accordance with the MMPA (16 based, among other things, on to collect information regarding the
U.S.C. 1387(e)) and 50 CFR 229.6, any information provided in the final SARs fishery’s potential to interact with
vessel owner or operator, or fisher (in for 1996 (63 FR 60, January 2, 1998), the marine mammals. Observers have
documented entanglements of California injuries or mortalities incidental to this NMFS proposes to modify the name
sea lions in this fishery. In addition, this fishery. of the ‘‘HI other fishery’’ to the ‘‘HI
fishery uses similar gear and fishing NMFS proposes to add the ‘‘CA charter vessel fishery’’.
techniques to other Category II purse marine shellfish aquaculture fishery’’ to Number of Vessels/Persons
seine fisheries (e.g., CA anchovy) known the LOF as a Category III fishery. This
to seriously injure or kill marine fishery includes a variety of target NMFS proposes to update the
mammals. Therefore, NMFS is species and gear types including: clams estimated number of participants in the
proposing to reclassify this fishery to (cultured either via ground or bag Hawaii gillnet fishery from 115 to 35.
Category II based on analogy as culture), oysters (cultured via bag, rack NMFS proposes to update the
provided in 50 CFR 229.2. and bag, longline, stake, bottom culture, estimated number of participants in the
or suspended culture), scallops Hawaii opelu/akule net fishery from 16
Addition of Fisheries to the LOF
(cultured via offshore tray-based to 12.
NMFS proposes to add the ‘‘American systems), and mussels (cultured via NMFS proposes to update the
Samoa longline fishery’’ to the LOF as suspension from rafts or surface estimated number of participants in the
a Category III fishery. The fishery has longlines in the subtidal zone). NMFS Hawaii purse seine fishery from 18 to
138 participants. There are no does not currently have any information 23.
documented marine mammal injuries or regarding the number of participants in NMFS proposes to update the
mortalities incidental to this fishery. this fishery and there have been no estimated number of participants in the
NMFS is initiating a fishery observer documented marine mammal serious Hawaii fish pond fishery to N/A as the
program in this fishery in early 2006 injuries or mortalities incidental to this fishery is currently not operating. NMFS
and will reevaluate this fishery’s fishery. is retaining this fishery on the LOF as
classification when new information there may be participants in the near
NMFS proposes to add the ‘‘CA white
becomes available. future.
seabass enhancement net pen fishery’’
NMFS proposes to add the ‘‘Western to the LOF as a Category III fishery. The NMFS proposes to update the
Pacific squid jig fishery’’ to the LOF as fishery consists of a total of 13 estimated number of participants in the
a Category III fishery. There are no enhancement net pens from Santa Hawaii throw net, cast net fishery from
documented marine mammal serious Barbara to San Diego, CA that are used 47 to 14.
injuries or mortalities incidental to this as grow-out facilities for juvenile white NMFS proposes to update the
fishery. The fishery has 6 participants. seabass before release. The pens consist estimated number of participants in the
This fishery is a Japanese-style jig of large, supported nets or fiberglass Hawaii trolling, rod and reel fishery
fishery that operates at night by raceways. The raceways are large from 1,795 to 1,321.
attracting squid with a light source. In rectangular fiberglass structures with NMFS proposes to update the
the U.S. Pacific squid jigging fishery, open ends covered by steel mesh and estimated number of participants in the
bycatch of marine mammals is steel predator barriers. The pens vary in Hawaii lobster trap fishery to 0 as the
purported to be extremely small; if depth from 4–5 ft (1.22–1.52 m) and fishery is currently inactive. However,
marine mammals are hooked, they accommodate 2,000 to 5,000 fish. There 14 permits are available if this fishery
would break the relatively weak squid have been two observed mortalities of reopened.
lines before being brought to the boat. A the U.S. stock of California sea lions in NMFS proposes to update the number
similar fishery operates in the waters this fishery. There are 13 participants in of participants in the Hawaii aku boat,
near Southern Australia. A draft this fishery as each pen represents a pole and line fishery from 54 to 4.
Bycatch Action Plan was prepared for participant. NMFS proposes to update the number
this fishery by the Australian Fisheries of participants in the Hawaii inshore
Management Authority in 2003. The Removal of Fisheries from the LOF handline fishery from 650 to 307.
report states that a ‘‘global assessment of NMFS proposes to update the number
NMFS proposes to remove the ‘‘HI net
bycatch and discards across world of participants in the Hawaii tuna
unclassified fishery’’ from the LOF.
fisheries found that squid jigging is a handline fishery (proposed name
Since implementation of new and
highly selective fishing method’’. change from the ‘‘Hawaii tuna’’ fishery,
revised reporting forms, fishers report
Because of the high selectivity of this see Fishery Name and Organizational
specific net gear used. Therefore, this
fishery and a lack of reliable Changes and Clarifications section) from
fishery as currently listed on the LOF is
information regarding marine mammal 144 to 298.
no longer appropriate.
bycatch in this fishery, NMFS proposes NMFS proposes to update the number
to add this fishery to the LOF in Fishery Name and Organizational of participants in the HI main Hawaiian
Category III. Changes and Clarifications Islands and Northwest Hawaiian Islands
NMFS proposes to add the ‘‘HI Kona deep sea bottomfish fishery (proposed
crab loop net fishery’’ with 42 NMFS proposes to modify the name name change from the ‘‘HI deep sea
participants to the LOF as a Category III of the ‘‘HI tuna fishery’’ to the ‘‘HI tuna bottomfish fishery’’, see Fishery Name
fishery. The fishery is conducted using handline fishery’’ to better reflect the and Organizational Changes and
baited loop nets above sandy substrate gear type used in this fishery. Clarifications section) from 434 to 387.
and is constantly tended by fishers. No NMFS proposes to modify the name NMFS proposes to update the number
marine mammal injuries or mortalities of the ‘‘HI deep sea bottomfish fishery’’ of participants in the HI black coral
in this fishery have been documented. to the ‘‘HI Main Hawaiian Islands and diving fishery (proposed name change
Therefore, NMFS proposes to add this Northwest Hawaiian Islands deep sea from the ‘‘HI coral diving fishery’’, see
fishery as a Category III fishery. bottomfish fishery’’. Fishery Name and Organizational
NMFS proposes to add the ‘‘HI NMFS proposes to modify the name Changes and Clarifications section) from
offshore pen culture fishery’’ to the LOF of the ‘‘HI coral diving fishery’’ to the 2 to 1.
as a Category III fishery. The fishery has ‘‘HI black coral diving fishery’’ to NMFS proposes to update the number
2 participants. There have been no represent the target species in this of participants in the HI handpick
documented marine mammal serious fishery. fishery from 135 to 37.
NMFS proposes to update the number and stocks incidentally injured or killed mammal species and stocks injured or
of participants in the HI lobster diving incidental to the WA, OR, CA killed incidental to the AK GOA pollock
fishery from 6 to 19. groundfish trawl fishery. Specifically, trawl fishery.
NMFS proposes to update the number NMFS proposes to change the Central NMFS proposes to add the GOA stock
of participants in the HI squiding, spear North Pacific stock to the CA/OR/WA of harbor seals to the list of marine
fishery from 267 to 91. stock of Pacific white-sided dolphins mammal species and stocks injured or
NMFS proposes to update the number and the Western stock to the Eastern killed incidental to the AK GOA Pacific
of participants on the AK BSAI stock of Steller sea lions. cod pot fishery.
Greenland turbot longline fishery from NMFS proposes to add the Eastern
36 to 12. Alaska Fisheries and Western U.S. stocks of Steller sea
The 2004 LOF revised the Federally lions and an unknown stock of killer
List of Species That are Incidentally
managed fisheries in Alaska into more whales to the list of marine mammal
Injured or Killed
discrete fisheries according to area, gear, species and stocks injured or killed
NMFS proposes to add common and target species in order to more incidental to the AK, WA, OR, CA
dolphins to the list of marine mammal accurately reflect the fisheries as commercial passenger fishing vessel
species and stocks incidentally injured managed under Federal Fishery fishery.
or killed by the California squid purse Management Plans. At that time, the NMFS proposes to add the Central
seine fishery. An observer documented marine mammal stocks associated with North Pacific (Southeast AK) stock of
a mortality of a common dolphin (stock the newly delineated fisheries in the humpback whales to the list of marine
unknown) in 2005. LOF were not revised accordingly. mammal species and stocks injured or
NMFS proposes to add the Hawaiian NMFS proposes to include the following killed incidental to the AK Southeast
stocks of Blaineville’s beaked whales marine mammal stocks that have had Alaska crab pot fishery.
and Pantropical spotted dolphins to the documented injuries or mortalities in NMFS proposes to add the Central
list of marine mammal species and the following Federal fisheries as listed North Pacific (Southeast AK) stock of
stocks incidentally injured or killed by in this proposed rule. humpback whales to the list of marine
the Hawaii swordfish, tuna, billfish, NMFS proposes to add the Eastern mammal species and stocks injured or
mahi mahi, wahoo, and oceanic sharks North Pacific stock of Northern fur killed incidental to the AK Southeast
longline/set line fishery. Serious seals, the Bering Sea stocks of harbor Alaska shrimp pot fishery.
injuries and mortalities of these stocks porpoise and harbor seals, and the NMFS proposes to add the Central
incidental to this fishery were Alaska stocks of bearded seals, spotted North Pacific (Southeast AK) stock of
documented by fisheries observers. seals, and walruses to the list of marine humpback whales to the list of marine
NMFS proposes to delete the mammal species and stocks injured or mammal species and stocks injured or
Hawaiian stock of bottlenose dolphins killed incidental to the AK BSAI flatfish killed incidental to the AK Yakutat
from the list of marine mammal species trawl fishery. salmon set gillnet fishery.
and stocks incidentally injured or killed NMFS proposes to add the Bering Sea NMFS proposes to add the Western
by the Hawaii inshore handline fishery stock of harbor seals and the Alaska U.S. stock of Steller sea lions to the list
as no interactions have been stocks of Dall’s porpoise, minke whales, of marine mammal species and stocks
documented between this stock and the ribbon seals, and spotted seals to the list injured or killed incidental to the AK
fishery within the last 5 years. of marine mammal species and stocks Kodiak salmon set gillnet fishery.
NMFS proposes to delete the injured or killed incidental to the AK NMFS proposes to delete the Eastern
Hawaiian stocks of bottlenose dolphins BSAI pollock trawl fishery. North Pacific transient stock of killer
and rough tooth dolphins from the list NMFS proposes to add the Alaska whales from the list of marine mammals
of marine mammal species and stocks stock of ribbon seals and the Western species and stocks injured or killed in
incidentally injured or killed by the U.S. stock of Steller sea lions to the list the Alaska BSAI flatfish trawl fishery.
Hawaii tuna handline fishery (proposed of marine mammal species and stocks Because NMFS did not have
name change from ‘‘Hawaii tuna injured or killed incidental to the AK information regarding which stock was
fishery’’, see Fishery Name and BSAI Pacific cod longline fishery. injured or killed incidental to this
Organizational Changes and NMFS proposes to add the Eastern fishery, both the Eastern North Pacific
Clarifications section) as no interactions U.S. stock of Steller sea lions and the transient and resident stocks of killer
have been documented between these North Pacific stock of sperm whales to whales were listed in the 2005 LOF as
stocks and this fishery within the last 5 the list of marine mammal species and interacting with this fishery. However,
years. stocks injured or killed incidental to the since publication of the 2005 LOF,
NMFS proposes to correct some errors AK GOA sablefish longline fishery. NMFS has obtained the results of
in the list of marine mammal species NMFS proposes to add the Western genetic analysis on the biopsy samples
and stocks incidentally injured or killed U.S. stock of Steller sea lions and the taken from killer whales seriously
incidental to the CA/OR thresher shark/ Bering Sea stock of harbor seals to the injured or killed in this fishery. The
swordfish drift gillnet fishery. list of marine mammal species and results indicate that the fishery
Specifically, NMFS proposes to change stocks injured or killed incidental to the interacted with the resident stock of
the CA/OR/WA Pacific coast stock to AK BSAI Pacific cod trawl fishery. Eastern North Pacific killer whales.
the Eastern North Pacific offshore stock NMFS proposes to add the Western Therefore, NMFS proposes to remove
of killer whales and the CA/OR/WA U.S. stock of Steller sea lions to the list the stock (transient) that did not interact
stock to the CA stock of long-beaked of marine mammal species and stocks with this fishery.
common dolphins. Additionally, NMFS injured or killed incidental to the AK NMFS proposes to delete the Eastern
proposes to combine the Northern and GOA Pacific cod trawl fishery. North Pacific resident stock of killer
Southern species of Pacific white-sided NMFS proposes to add the Western whales from the list of marine mammals
dolphins to reflect how these species are U.S. stock of Steller sea lions, the species and stocks incidentally injured
currently characterized in the SARs. Northeast Pacific stock of fin whales, or killed in the Alaska BSAI pollock
NMFS proposes to correct some errors and the North Pacific stock of Northern trawl fishery. Because NMFS did not
in the list of marine mammal species elephant seals to the list of marine have information regarding which stock
was injured or killed incidental to this bottlenose dolphins, menhaden purse to the Northeast bottom trawl fishery
fishery, both the Eastern North Pacific seiners have reported annual because NMFS has not documented any
transient and resident stocks of killer interactions of one to five bottlenose serious injuries or mortalities of these
whales were listed in the 2005 LOF as dolphins. In addition, the Gulf of stocks incidental to this fishery in the
interacting with this fishery. However, Mexico menhaden purse seine fishery is past 5 years.
since publication of the 2005 LOF, classified as a Category II fishery based
NMFS has obtained the results of on documented bycatch of several Fishery Name and Organizational
genetic analysis on the biopsy samples bottlenose dolphin stocks, including the Changes and Clarifications
taken from killer whales seriously Northern, Eastern, and Western Gulf of Southeast Atlantic Gillnet Fishery
injured or killed in this fishery. These Mexico coastal stocks, and the Gulf of NMFS proposes to expand the list of
results indicate that the fishery Mexico bay, sound, and estuarine stock. target species associated with the
interacted with the transient stock of Elevating this fishery to Category II will
‘‘Southeast Atlantic gillnet fishery’’. In
Eastern North Pacific killer whales. allow NMFS to characterize marine
the 2001 LOF (66 FR 42780, August 15,
Therefore, NMFS proposes to remove mammal interactions with this fishery
2001), NMFS renamed all southeastern
the stock (resident) that did not interact through the observer program. Based on
Atlantic gillnet fisheries (except the
with this fishery. documented bycatch of bottlenose
Southeastern U.S. Atlantic shark gillnet
dolphins in purse seine gear, NMFS
Commercial Fisheries in the Atlantic fishery) as the ‘‘Southeast Atlantic
proposes to reclassify this fishery in
Ocean, Gulf of Mexico, and Caribbean: gillnet fishery’’, and elevated this
Category II.
Fishery Classification fishery from Category III to Category II.
NMFS proposes to reclassify the Addition of Fisheries to the LOF This fishery designation included
Chesapeake Bay inshore gillnet fishery NMFS proposes to add the ‘‘Southeast fisheries identified in previous LOFs as
from Category III to Category II based on Atlantic inshore gillnet fishery’’ to the the ‘‘Florida East Coast pelagics king
its potential to seriously injure or kill LOF as a Category III fishery. This and Spanish mackerel gillnet fishery’’
the Western North Atlantic stock of fishery typically targets shad and river and the ‘‘Southeast U.S. Atlantic coastal
bottlenose dolphins. Bottlenose herring in inshore rivers and bays shad, sturgeon gillnet fishery’’. In 2006,
dolphins are known to use the entire (inside the COLREGS lines). Despite the NMFS received information from the
Chesapeake Bay, including waters lack of adequate observer coverage in Florida Fish and Wildlife Commission’s
landward of the Chesapeake Bay Bridge- this fishery, NMFS has no evidence to trip ticket database that landings from
Tunnel. Since the Chesapeake Bay suggest that there is more than a remote 2002–2005 using gillnet gear on the east
inshore gillnet fishery is currently a likelihood of marine mammal serious coast of Florida also include landings of
Category III fishery, observer coverage is injuries or mortalities incidental to this whiting, bluefish, pompano, spot,
not required; therefore, no marine fishery. The number of participants in croaker, little tunny, bonita, jack
mammal interactions with this fishery this fishery is unknown. crevalle, and cobia, in addition to king
have been documented. However, and Spanish mackerel and shad. These
serious injuries and mortalities of the List of Species That are Incidentally species are targeted using both pelagic
Western North Atlantic stock of Injured or Killed and demersal gillnet gear, each of which
bottlenose dolphins have been NMFS proposes to remove the poses similar risks of entanglement to
documented in similar gillnet fisheries Western North Atlantic stock of fin marine mammals. Therefore, NMFS
in the Mid-Atlantic, such as the Mid- whales from the list of marine mammal proposes to expand the list of fish
Atlantic gillnet fishery and the North species and stocks incidentally injured species associated with the ‘‘Southeast
Carolina inshore gillnet fishery, both of or killed incidental to the Mid-Atlantic Atlantic gillnet fishery’’ to include the
which are currently Category II gillnet fishery. NMFS added this stock following target species: king mackerel,
fisheries. Reclassifying the Chesapeake in the 2005 LOF and has since Spanish mackerel, whiting, bluefish,
Bay inshore gillnet fishery to Category II confirmed that the NMFS observer pompano, spot, croaker, little tunny,
will allow NMFS to characterize marine program does not have a documented bonita, jack crevalle, and cobia. Atlantic
mammal interactions with this fishery interaction between this stock and this sturgeon are listed as a species of
through the observer program. Based on fishery. concern under the Endangered Species
the potential overlap in distribution of NMFS proposes to add several Act and are also managed under a
the Western North Atlantic stock of bottlenose dolphin stocks to the list of fishery management plan; a moratorium
bottlenose dolphins and this fishery, in marine mammal species and stocks on possession and harvest of this
addition to documented serious injuries incidentally injured or killed incidental species currently exists throughout the
and mortalities in similar gillnet gear, to the Atlantic Ocean, Gulf of Mexico, U.S. East Coast. Additionally, fishing for
NMFS proposes to reclassify this fishery Caribbean commercial passenger fishing shad in ocean waters is prohibited by
to Category II based on analogy as vessel fishery based on anecdotal Southeast coastal states and is therefore
provided in 50 CFR 229.2. reports of dolphins interacting with no longer included as a target species of
NMFS proposes to reclassify the Mid- hook and line gear in both the Atlantic the Southeast Atlantic gillnet fishery.
Atlantic menhaden purse seine fishery and Gulf of Mexico. These bottlenose
from Category III to Category II based on dolphin stocks include the Western List of Fisheries
its potential to seriously injure or kill North Atlantic coastal, Eastern Gulf of The following two tables list U.S.
the Western North Atlantic stock of Mexico coastal, Northern Gulf of Mexico commercial fisheries according to their
bottlenose dolphins. Since this fishery coastal, and Western Gulf of Mexico assigned categories under section 118 of
is currently a Category III fishery, coastal. the MMPA. The estimated number of
observer coverage is not required; NMFS proposes to remove the vessels/participants is expressed in
therefore, no marine mammal Western North Atlantic offshore stock of terms of the number of active
interactions with this fishery have been bottlenose dolphins and the Western participants in the fishery, when
documented. However, according to the North Atlantic stock of striped dolphins possible. If this information is not
most recent stock assessment of the from the list of marine mammal species available, the estimated number of
Western North Atlantic stock of and stocks injured or killed incidental vessels or persons licensed for a
particular fishery is provided. If no interaction. Additionally, species mammals, as discussed in the final LOF
recent information is available on the identified by logbook entries may not be for 1996 (60 FR 67063, December 28,
number of participants in a fishery, the verified. Not all species or stocks 1995), and according to factors listed in
number from the most recent LOF is identified are the reason for a fishery’s the definition of a ‘‘Category II fishery’’
used. placement in a given category. NMFS in 50 CFR 229.2. NMFS has designated
The tables also list the marine has designated those stocks that are those fisheries originally listed by
mammal species and stocks that are responsible for a current fishery’s analogy in Tables 1 and 2 by a ‘‘2’’ after
incidentally killed or injured in each classification by a ‘‘1’’. that fishery’s name.
fishery based on observer data, logbook There are several fisheries classified
data, stranding reports, and fisher in Category II that have no recently Table 1 lists commercial fisheries in
reports. This list includes all species or documented interactions with marine the Pacific Ocean (including Alaska);
stocks known to experience injury or mammals. Justifications for placement Table 2 lists commercial fisheries in the
mortality in a given fishery, but also of these fisheries are by analogy to other Atlantic Ocean, Gulf of Mexico, and
includes species or stocks for which gear types that are known to cause Caribbean.
there are anecdotal records of mortality or serious injury of marine BILLING CODE 3510–22–S
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BILLING CODE 3510–22–C will not incur any economic costs in the management of reclassified
Classification associated with carrying that observer. fisheries, and therefore, this proposed
This proposed rule contains rule is not expected to change the
The Chief Counsel for Regulation of collection-of-information requirements analysis or conclusion of the 2005 EA.
the Department of Commerce certified subject to the Paperwork Reduction Act.
to the Chief Counsel for Advocacy of the If NMFS takes a management action, for
The collection of information for the example, through the development of a
Small Business Administration that this registration of fishers under the MMPA
proposed rule would not have a Take Reduction Plan (TRP), NMFS will
has been approved by the Office of first prepare an environmental
significant economic impact on a Management and Budget (OMB) under
substantial number of small entities. For document, as required under NEPA,
OMB control number 0648–0293 (0.15
convenience, the factual basis leading to specific to that action.
hours per report for new registrants and
the certification is repeated below. 0.09 hours per report for renewals). The This proposed rule would not affect
Under existing regulations, all fishers requirement for reporting marine species listed as threatened or
participating in Category I or II fisheries mammal injuries or moralities has been endangered under the Endangered
must register under the MMPA, obtain approved by OMB under OMB control Species Act (ESA) or their associated
an Authorization Certificate, and pay a number 0648–0292 (0.15 hours per critical habitat. The impacts of
fee of $25. Additionally, fishers may be report). These estimates include the numerous fisheries have been analyzed
subject to a take reduction plan and time for reviewing instructions, in various biological opinions, and this
requested to carry an observer. The searching existing data sources, proposed rule will not affect the
Authorization Certificate authorizes the gathering and maintaining the data conclusions of those opinions. The
taking of marine mammals incidental to needed, and completing and reviewing classification of fisheries on the LOF is
commercial fishing operations. NMFS the collection of information. Send not considered to be a management
has estimated that approximately 41,730 comments regarding these reporting action that would adversely affect
fishing vessels, most of which are small burden estimates or any other aspect of
entities, operate in Category I or II threatened or endangered species. If
the collections of information, including NMFS takes a management action, for
fisheries, and therefore, are required to suggestions for reducing burden, to
register. However, registration has been example, through the development of a
NMFS and OMB (see ADDRESSES). TRP, NMFS would conduct consultation
integrated with existing state or Federal Notwithstanding any other provision
registration programs for the majority of of law, no person is required to respond under ESA section 7 for that action.
these fisheries so that the majority of to nor shall a person be subject to a This proposed rule would have no
fishers do not need to register separately penalty for failure to comply with a adverse impacts on marine mammals
under the MMPA. Currently, collection of information subject to the and may have a positive impact on
approximately 500 fishers register requirements of the Paperwork marine mammals by improving
directly with NMFS under the MMPA Reduction Act unless that collection of knowledge of marine mammals and the
authorization program. information displays a currently valid fisheries interacting with marine
Though this proposed rule would OMB control number. mammals through information collected
affect approximately 500 small entities, This proposed rule has been from observer programs or take
the $25 registration fee, with respect to determined to be not significant for the reduction teams.
anticipated revenues, is not considered purposes of Executive Order 12866.
a significant economic impact. If a An environmental assessment (EA) This proposed rule would not affect
vessel is requested to carry an observer, was prepared under the National the land or water uses or natural
fishers will not incur any economic Environmental Policy Act (NEPA) for resources of the coastal zone, as
costs associated with carrying that regulations to implement section 118 of specified under section 307 of the
observer. As a result of this certification, the MMPA (1995 EA). NMFS revised Coastal Zone Management Act.
an initial regulatory flexibility analysis that EA relative to classifying U.S. Dated: April 18, 2006.
was not prepared. In the event that commercial fisheries on the LOF in John Oliver,
reclassification of a fishery to Category December 2005. Both the 1995 and 2005
Deputy Assistant Administrator for
I or II results in a take reduction plan, EA concluded that implementation of
Operations, national Marine Fisheries
economic analyses of the effects of that MMPA section 118 regulations would
Service.
plan will be summarized in subsequent not have a significant impact on the
[FR Doc. 06–3838 Filed 4–21–06; 8:45 am]
rulemaking actions. Further, if a vessel human environment. This proposed rule
BILLING CODE 3510–22–S
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is requested to carry an observer, fishers would not make any significant change

Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Proposed Rules

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Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Proposed Rules

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Federal Register / Vol. 71, No.

78 / Monday, April 24, 2006 / Proposed Rules 20941

DEPARTMENT OF COMMERCE proposed rule would require any DEPARTMENT OF COMMERCE

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