List of Fisheries for 2007, 70339-70359 [E6-20448]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Proposed Rules]
[Pages 70339-70359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20448]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 061106290-6290-01, I.D. 101706C]
RIN 0648-AV01


List of Fisheries for 2007

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
proposed List of Fisheries (LOF) for 2007, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2007 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must categorize each commercial fishery on the LOF into 
one of three categories under the MMPA based upon the level of serious 
injury and mortality of marine mammals that occurs incidental to each 
fishery. The categorization of a fishery in the LOF determines whether 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
requirements.

DATES: Comments must be received by January 3, 2007.

ADDRESSES: Send comments to Chief, Marine Mammal Conservation Division, 
Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910. Comments may also be sent 
via email to 2007LOF.comments@noaa.gov or to the Federal eRulemaking 
portal: https://www.regulations.gov (follow instructions for submitting 
comments).
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in this 
proposed rule, should be submitted in writing to Chief, Marine Mammal 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910 and to David Rostker, OMB, by fax 
to 202-395-7285 or by email to David--Rostker@omb.eop.gov.
    See SUPPLEMENTARY INFORMATION for a listing of all Regional 
offices.

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

SUPPLEMENTARY INFORMATION:

Availability of Published Materials

    Information regarding the LOF and the Marine Mammal Authorization 
Program, including registration procedures and forms, current and past 
LOFs, observer requirements, and marine mammal injury/mortality 
reporting forms and submittal procedures, may be obtained at: https://
www.nmfs.noaa.gov/pr/interactions/mmap, or from any NMFS Regional 
Office at the addresses listed below.

Regional Offices

    NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Teletha Mincey;

[[Page 70340]]

    NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, Attn: Lyle Enriquez;
    NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115, 
Attn: Permits Office;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802; or
    NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani 
Boulevard, Suite 1100, Honolulu, HI, 96814-4700.

What is the List of Fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
serious injury and mortality of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The categorization of a fishery in the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Stock 
Assessment Reports and other relevant sources and publish in the 
Federal Register any necessary changes to the LOF after notice and 
opportunity for public comment (16 U.S.C. 1387 (c)(1)(c)).

How Does NMFS Determine in which Category a Fishery is Placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock, and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the potential biological 
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population. This definition can also be found in the 
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
    Tier 1: If the total annual mortality and serious injury of a 
marine mammal stock, across all fisheries, is less than or equal to 10 
percent of the PBR level of the stock, all fisheries interacting with 
the stock would be placed in Category III (unless those fisheries 
interact with other stock(s) in which total annual mortality and 
serious injury is greater than 10 percent of PBR). Otherwise, these 
fisheries are subject to the next tier (Tier 2) of analysis to 
determine their classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level.
    Tier 2, Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level.
    Tier 2, Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level.
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. Additional details 
regarding how the categories were determined are provided in the 
preamble to the final rule implementing section 118 of the MMPA (60 FR 
45086, August 30, 1995).
    Since fisheries are categorized on a per-stock basis, a fishery may 
qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
categorized on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II).

Other Criteria That May Be Considered

    In the absence of reliable information indicating the frequency of 
incidental mortality and serious injury of marine mammals by a 
commercial fishery, NMFS will determine whether the incidental serious 
injury or mortality qualifies for Category II by evaluating other 
factors such as fishing techniques, gear used, methods used to deter 
marine mammals, target species, seasons and areas fished, qualitative 
data from logbooks or fisher reports, stranding data, and the species 
and distribution of marine mammals in the area, or at the discretion of 
the Assistant Administrator for Fisheries (50 CFR 229.2).

How Does NMFS Determine which Species or Stocks are Included as 
Incidentally Killed or Seriously Injured in a Fishery?

    The LOF includes a list of marine mammal species or stocks 
incidentally killed or seriously injured in each commercial fishery, 
based on the level of serious injury or mortality in each fishery 
relative to the PBR level for each stock. To determine which species or 
stocks are included as incidentally killed or seriously injured in a 
fishery, NMFS annually reviews the information presented in the current 
marine mammal Stock Assessment Reports (SARs). The SARs are based upon 
the best available scientific information and provide the most current 
and inclusive information on each stock's PBR level and level of 
mortality or serious injury incidental to commercial fishing 
operations. NMFS also reviews other sources of new information, 
including observer data, stranding data and fisher self-reports.
    In the absence of reliable information on the level of mortality or 
serious injury of a marine mammal stock, or insufficient observer data, 
NMFS will determine whether a species or stock should be added to, or 
deleted from, the list by considering other factors such as: changes in 
gear types used, increases or decreases in fishing effort, increases or 
decreases in the level of observer coverage, and/or changes in fishery 
management that are expected to lead to decreases in interactions with 
a given marine mammal stock (such as a Fishery Management Plan [FMP] or 
a Take Reduction Plan [TRP]). NMFS will provide case specific 
justification in the LOF for changes to the list of species or stocks 
incidentally killed or seriously injured.

How do I Determine the Level of Observer Coverage in a Fishery?

    Data obtained from observers and the level of observer coverage are 
important tools in estimating the level of marine mammal mortality and 
serious injury in commercial fishing operations. The best available 
information on the level of observer coverage, and the spatial and 
temporal distribution of observed marine mammal interactions, is 
presented in the SARs. Starting in 2005, each SAR includes an appendix 
with detailed descriptions of each Category I and II fishery on the 
LOF. The SARs generally do not provide detailed information on observer 
coverage in Category III fisheries because Category III fisheries are 
not required to accommodate observers aboard vessels due to the remote 
likelihood of

[[Page 70341]]

mortality and serious injury of marine mammals. Information presented 
in the SARs' appendices include: level of observer coverage, target 
species, levels of fishing effort, spatial and temporal distribution of 
fishing effort, gear characteristics, management and regulations, and 
protected species interactions.
    NMFS refers readers to the SARs for the most current information on 
the level of observer coverage for each fishery. Copies of the SARs are 
available on the NMFS Office of Protected Resource's Web site at: 
https://www.nmfs.noaa.gov/pr/sars/. Additional information on observer 
coverage in commercial fisheries can be found on the National Observer 
Program's website: https://www.st.nmfs.gov/st4/nop/.

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

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

Am I Required to Register Under the MMPA?

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

How Do I Register?

    Vessel or gear owners must register with the Marine Mammal 
Authorization Program (MMAP) by contacting the relevant NMFS Regional 
Office (see ADDRESSES) unless they participate in a fishery that has an 
integrated registration program (described below). Upon receipt of a 
completed registration, NMFS will issue vessel or gear owners an 
authorization certificate. The authorization certificate, or a copy, 
must be on board the vessel while it is operating in a Category I or II 
fishery, or for non-vessel fisheries, in the possession of the person 
in charge of the fishing operation (50 CFR 229.4(e)).

What is the Process for Registering in an Integrated Fishery?

    For some fisheries, NMFS has integrated the MMPA registration 
process with existing state and Federal fishery license, registration, 
or permit systems. Participants in these fisheries are automatically 
registered under the MMPA and are not required to submit registration 
or renewal materials or pay the $25 registration fee. The following 
section indicates which fisheries are integrated fisheries and has a 
summary of the integration process for each Region. Vessel or gear 
owners who operate in an integrated fishery and have not received an 
authorization certificate by January 1 of each new year or with renewed 
state fishing licenses (as in Washington and Oregon) must contact their 
NMFS Regional Office (see ADDRESSES). Although efforts are made to 
limit the issuance of authorization certificates to only those vessel 
or gear owners that participate in Category I or II fisheries, not all 
state and Federal permit systems distinguish between fisheries as 
classified by the LOF. Therefore, some vessel or gear owners in 
Category III fisheries may receive authorization certificates even 
though they are not required for Category III fisheries. Individuals 
fishing in Category I and II fisheries for which no state or Federal 
permit is required must register with NMFS by contacting their 
appropriate Regional Office (see ADDRESSES).

Which Fisheries Have Integrated Registration Programs?

    The following fisheries have integrated registration programs under 
the MMPA:
    1. All Alaska Category II fisheries;
    2. All Washington and Oregon Category II fisheries;
    3. Northeast Regional fisheries for which a state or Federal permit 
is required;
    4. All Southeast Regional fisheries for which a Federal permit is 
required, as well as fisheries permitted by the states of North 
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, 
Louisiana, and Texas; and
    5. The Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic 
Sharks Longline/Set line Fishery.

How Do I Renew My Registration Under the MMPA?

    Vessel or gear owners that participate in fisheries that have 
integrated registration programs (described above) are automatically 
renewed and should receive an authorization certificate by January 1 of 
each new year, with the exception of Washington and Oregon Category II 
fisheries. Washington and Oregon fishers receive authorization with 
each renewed state fishing license, the timing of which varies based on 
target species. Vessel or gear owners who participate in an integrated 
fishery and have not received authorization certificates by January 1 
or with renewed fishing licenses (Washington and Oregon) must contact 
the appropriate NMFS Regional Office (see ADDRESSES). Vessel or gear 
owners that participate in fisheries that do not have integrated 
registration programs and that have previously registered in a Category 
I or II fishery will receive a renewal packet from the appropriate NMFS 
Regional Office at least 30 days prior to January 1 of each new year. 
It is the responsibility of the vessel or gear owner in these fisheries 
to complete their renewal form and return it to the appropriate NMFS 
Regional Office at least 30 days in advance of fishing. Individuals who 
have not received a renewal packet by January 1 or are registering for 
the first time must request a registration form from the appropriate 
Regional Office (see ADDRESSES).

Am I Required to Submit Reports When I Injure or Kill a Marine Mammal 
During the Course of Commercial Fishing Operations?

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a Category I, II, or III 
fishery must report to NMFS all incidental injuries and mortalities of 
marine mammals that occur during commercial fishing operations. 
``Injury'' is defined in 50 CFR 229.2 as a wound or other physical 
harm. In addition, any animal that ingests fishing gear or any animal 
that is released with fishing gear entangling, trailing, or perforating 
any part of the body is considered injured, regardless of the presence 
of any wound or other evidence of injury, and must be reported. Injury/
mortality report forms and instructions for submitting forms to NMFS 
can be downloaded from: https://www.nmfs.noaa.gov/pr/pdfs/interactions/
mmap_reporting_form.pdf. Reporting requirements and procedures can be 
found in 50 CFR 229.6.

Am I Required to Take an Observer Aboard My Vessel?

    Fishers participating in a Category I or II fishery are required to 
accommodate an observer aboard vessel(s) upon request. Observer 
requirements can be found in 50 CFR 229.7.

Am I Required to Comply With Any Take Reduction Plan Regulations?

    Fishers participating in a Category I or II fishery are required to 
comply with

[[Page 70342]]

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

Sources of Information Reviewed for the Proposed 2007 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the SARs for all observed fisheries 
to determine whether changes in fishery classification were warranted. 
NMFS' SARs are based on the best scientific information available at 
the time of preparation, including the level of serious injury and 
mortality of marine mammals that occurs incidental to commercial 
fisheries and the PBR levels of marine mammal stocks. The information 
contained in the SARs is reviewed by regional Scientific Review Groups 
(SRGs) representing Alaska, the Pacific (including Hawaii), and the 
U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by 
the MMPA to review the science that informs the SARs, and to advise 
NMFS on population status and trends, stock structure, uncertainties in 
the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
    The LOF for 2007 was based, among other things, on information 
provided in the final SARs for 1996 (63 FR 60, January 2, 1998), the 
final SARs for 2001 (67 FR 10671, March 8, 2002), the final SARs for 
2002 (68 FR 17920, April 14, 2003), the final SARs for 2003 (69 FR 
54262, September 8, 2004), the final SARs for 2004 (70 FR 35397, June 
20, 2005), the final SARs for 2005 (71 FR 26340, May 4, 2006), and the 
draft SARs for 2006 (71 FR 42815, July 28. 2006). All SARs are 
available at: https://www.nmfs.noaa.gov/pr/sars/.

Summary of Changes to the LOF for 2007

    The following summarizes changes to the LOF in 2007 in fishery 
classification, fisheries listed on the LOF, the number of participants 
in a particular fishery, and the species and/or stocks that are 
incidentally killed or seriously injured in a particular fishery. The 
placement and definition of U.S. commercial fisheries for 2007 are 
identical to those provided in the LOF for 2006 with the following 
exceptions.

Commercial Fisheries in the Pacific Ocean

Fishery Classification

AK Cook Inlet Salmon Set Gillnet Fishery

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

WA, OR Sardine Purse Seine Fishery

    NMFS proposes to add the ``WA, OR sardine purse seine fishery'' as 
a Category III fishery. This fishery has 42 participants. The 2006 LOF 
contains the California portion of the fishery in the Category II ``CA 
sardine purse seine fishery'' (proposed to be merged with the anchovy 
and mackerel portion of the ``CA anchovy, mackerel, tuna purse seine 
fishery'' to create the ``CA anchovy, mackerel, sardine purse seine 
fishery'' on the 2007 LOF). The Washington and Oregon portion of the 
sardine purse seine fishery should be listed separately because 
incidental taking of marine mammals in the this fishery has not been 
documented. Initially the coastwide sardine harvest guideline, 
distributed across the entire west coast Exclusive Economic Zone (EEZ), 
had separate allocations between the Federally managed limited entry 
fishery off California and the state regulated fisheries off Oregon and 
Washington. Observations made under the divided allocation indicated 
that the California portion of the fishery warranted listing as a 
Category II fishery, owing to rare incidental taking of California sea 
lions and by analogy with other Category II purse seine fisheries. 
However, no incidental take of marine mammals was observed in the 
northern portion of the fishery off Oregon and Washington. Harvest 
allocations for the two areas were combined in 2005, however fishing 
effort in the northern state-managed fishery is expected to remain 
limited in timing and area and the fishery should be listed separately 
to reflect that no incidental take has been documented.
    Oregon and Washington issued 26 and 16 permits, respectively, for 
the fishery in 2004 and the fishery is managed as a limited entry 
fishery. Observer coverage in the sardine purse seine fishery in the 
Pacific Northwest, ranging from 4 to 27 percent between 2000-2004, 
documented no incidental take of marine mammals off Oregon and 
Washington. The absence of observed serious injuries or mortalities 
indicates there is a remote likelihood of serious injuries or 
mortalities in this fishery. Therefore, NMFS proposes to add this 
fishery to the LOF in Category III.

CA Halibut Bottom Trawl Fishery

    NMFS proposes to add the ``CA halibut bottom trawl fishery'' as a 
Category III fishery. There has not been a Federal observer program 
initiated for this fishery and there are no documented marine mammal 
serious injury or mortalities incidental to this fishery.
    The ``CA halibut bottom trawl fishery'' is currently an open-access 
fishery operating primarily outside state waters. This fishery is not 
part of the Federal Groundfish Fishery Management Plan (FMP), or any 
other FMP, and is therefore managed by the California Department of 
Fish and Game (CDFG) in both state and Federal waters. There is limited 
fishing allowed between one and three miles offshore within the halibut 
fishing grounds between Point Arguello and Point Mugu, California. In 
2006, the CDFG implemented a permit program for this fishery. 
Approximately 125 vessels meet the minimum criteria established by CDFG 
for permit but only 53 permits have been issued.

CA Tuna Purse Seine Fishery

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

AK Cook Inlet Salmon Purse Seine Fishery

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

[[Page 70343]]

fishery has 82 participants. This oversight is likely the result of an 
incomplete inclusion in the LOF of AK state-managed fisheries, as well 
as a lack of documented serious injuries or moralities in this fishery. 
NMFS assumes that this humpback whale belongs to the CNP stock based on 
the known distribution of the this stock, and because there is no known 
overlap of this fishery with the Western Central North Pacific stock of 
humpback whales.
    From 2001-2005, 17 documented serious injuries and mortalities of 
CNP humpback whales were directly attributable to commercial U.S. 
fisheries under state or Federal management. Therefore, annual average 
serious injury and mortality of this stock is 3.4 animals per year for 
the same time period, or 26.36 percent of the PBR (PBR = 12.9). The 
single mortality in the AK Cook Inlet salmon purse seine fishery 
translates to an annual average mortality and serious injury of 0.2 
animals per year, or 1.55 percent of the stock's PBR. Category II 
classification is necessary based on the mean serious injury and 
mortality of CNP humpback whales exceeding 1 percent of PBR. 
Consequently, NMFS proposes to add the AK Cook Inlet salmon purse seine 
fishery to the LOF as a Category II.

AK Kodiak Salmon Purse Seine Fishery

    NMFS proposes to add the ``AK Kodiak salmon purse seine fishery'' 
as a Category II based on a documented mortality of a CNP humpback 
whale in this fishery. The LOF has never included this fishery, 
although it has existed under state management for many years. This 
fishery has 370 participants. This oversight is likely the result of an 
incomplete inclusion in the LOF of AK state-managed fisheries, as well 
as a lack of documented serious injuries or moralities in this fishery. 
NMFS assumes that this humpback whale belongs to the CNP stock based on 
the known distribution of the this stock, and because there is no known 
overlap of this fishery with the Western Central North Pacific stock of 
humpback whales.
    From 2001-2005, 17 documented serious injuries and mortalities of 
CNP humpback whales were directly attributable to commercial U.S. 
fisheries under state or Federal management. Therefore, annual average 
serious injury and mortality of this stock is 3.4 animals per year for 
the same time period, or 26.36 percent of the PBR (PBR = 12.9). The 
single mortality in the AK Kodiak salmon purse seine fishery translates 
to an annual average mortality and serious injury of 0.2 animals per 
year, or 1.55 percent of the stock's PBR (PBR = 12.9). Category II 
classification is necessary based on the mean serious injury and 
mortality of CNP humpback whales exceeding 1 percent of PBR. 
Consequently, NMFS proposes to add the AK Kodiak salmon purse seine 
fishery to the LOF as a Category II.

Removal of Fisheries from the LOF

CA Sardine Purse Seine Fishery

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

CA Herring Purse Seine Fishery

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

Fishery Name and Organizational Changes and Clarifications

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

Hawaii Inshore Gillnet Fishery

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

Hawaii Inshore Purse Seine Fishery

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

CA Yellowtail, Barracuda, and White Seabass Drift Gillnet (mesh size 
>3.5 inches and <14 inches) Fishery

    NMFS proposes to modify the name of the ``CA yellowtail, barracuda, 
white seabass, and tuna drift gillnet (mesh size >3.5 inches and <14 
inches) fishery'' to delete ``tuna'' from the title. Thus, the name 
should be ``CA yellowtail, barracuda, and white seabass drift gillnet 
(mesh size >3.5 inches and <14 inches) fishery''. Targeting tuna with 
this type of drift gillnet was effectively prohibited with the adoption 
of the Highly Migratory Species (HMS) FMP in April, 2004. The HMS FMP 
allows vessels with drift gillnet of less than 14 inches to land no 
more than 10 HMS species (including tuna and excluding swordfish) per 
trip.

CA Purse Seine Fisheries

    NMFS proposes to reorganize the ``CA anchovy, mackerel, tuna purse 
seine fishery'' and the ``CA sardine purse seine fishery'' by moving 
the tuna portion into a separate fishery and combining the sardine, 
anchovy, and mackerel portions into one fishery. The end result is to 
create the ``CA anchovy, mackerel, sardine purse seine fishery'' and 
the ``CA tuna purse seine fishery''.
    The purse seine gear used, fishing methods and areas fished to 
target anchovy, mackerel, and sardine are similar, and all three fish 
species may be taken by vessels in this fishery. Harvest of anchovy, 
mackerel, and sardine is managed jointly by the state of California and 
NMFS under the Coastal Pelagic Species (CPS) FMP. The current fleet in 
the CA anchovy, mackerel, sardine purse seine fishery is approximately 
100 vessels, with 61 permits issued to fish sardine.
    The gear used and areas fished for tuna are different than for the 
other three species. Harvest of tuna is managed under the Highly 
Migratory Species FMP. Approximately 10 vessels made tuna landings 
using this gear in 2005. There are no documented marine mammal 
mortality or serious injuries in this fishery; however, NMFS proposes 
to retain the CA tuna purse seine fishery as Category II by analogy 
with other CA purse seine fisheries.
    The Category II ``CA squid purse seine fishery'' will remain as 
currently listed. Although this fishery, like other fisheries targeting 
coastal pelagic species, is jointly managed by the state of California 
and NMFS under the CPS FMP, the methods used to target squid differ 
from those used to target other coastal pelagic species (i.e., gear is 
set at night with the aid of lights).

Number of Vessels/Persons

    NMFS proposes to update the estimated number of participants in the 
``Commonwealth of Northern Mariana Islands tuna troll fishery'' from 50 
to 88.
    NMFS proposes to update the estimated number of participants in the

[[Page 70344]]

``Guam tuna troll fishery'' from 50 to 401.
    NMFS proposes to update the estimated number of participants in the 
``American Samoa longline fishery'' from 138 to 60.
    NMFS proposes to update the estimated number of participants in the 
``Guam bottomfish fishery'' from <50 to 200.
    NMFS proposes to update the estimated number of participants in the 
``HI Main Hawaiian Islands, Northwestern Hawaiian Islands deep sea 
bottomfish fishery'' from 387 to 300. The waters surrounding the 
Northwestern Hawaiian Islands (NWHI), out to a distance of 
approximately 50 nmi from the islands, have been designated as part of 
the NWHI Marine National Monument by Proclamation 8031 (June 15, 2006). 
Proclamation 8031 limits the number of bottomfish fishery participants 
in the Monument to 8 commercial fishermen permitted at the time of 
designation to fish for certain species within particular zones in the 
Monument. Commercial fishing in the Monument may continue until June 
15, 2011.

List of Species That are Incidentally Injured or Killed

CA/OR Swordfish/Thresher Shark Drift Gillnet Fishery

    NMFS proposes to remove the following marine mammals from the list 
of marine mammal species and stocks incidentally killed or seriously 
injured in the CA/OR swordfish/thresher shark drift gillnet fishery: 
Baird's beaked whale (CA/OR/WA stock), bottlenose dolphin (CA/OR/WA 
offshore stock), Cuvier's beaked whale (CA/OR/WA stock), killer whale 
(Eastern North Pacific offshore stock), Mesoplodont beaked whale (CA/
OR/WA stock), northern fur seal (San Miguel Island stock), pygmy sperm 
whale (CA/OR/WA stock), Steller sea lion (Eastern U.S. stock), and 
striped dolphin (CA/OR/WA stock). None of these species have been 
observed taken in the fishery since October 30, 1997, when regulations 
were published implementing the Pacific Offshore Cetacean Take 
Reduction Plan (POCTRP). The POCTRP requires pingers (acoustic 
deterrent devices) be placed on drift gillnets and extenders (buoy 
lines) be at least 36 feet long. In addition, following notification 
from NMFS, vessel captains must attend skipper education workshops 
provided by NMFS Southwest Regional Office. Since implementation of the 
POCTRP, marine mammal bycatch in this fishery has declined and the 
species listed above have not been observed killed or seriously injured 
in this fishery.
    NMFS also proposes to change name of the humpback whale stock from 
``CA/OR/WA-Mexico'' to ``Eastern North Pacific''. The title for this 
stock was changed in the 2001 SAR to be consistent with stock names of 
other Pacific species. Due to a technical error, this change was not 
made to the humpback whale stock under this fishery.

CA Lobster, Prawn, Shrimp, Rock Crab, Fish Pot Fishery

    NMFS proposes to add the humpback whale (Eastern North Pacific 
stock), gray whale (Eastern North Pacific stock), and harbor seal (CA 
stock) to the list of marine mammal species and stocks incidentally 
killed or seriously injured in the ``CA lobster, prawn, shrimp, rock 
crab, fish pot fishery'' based upon data from the NMFS Southwest 
Regional Office stranding and entanglement databases. Between 2000-
2005, there were 14 sightings of free swimming humpback whales, gray 
whales, or unidentified whales entangled in fishing gear identified as 
pot or trap gear. Of these sightings, 11 entanglements were identified 
as crab pot gear and 3 were identified as other gear types (lobster and 
spot prawn). In addition, the stranding database has recorded one dead 
gray whale, one dead harbor seal, and one dead unidentified pinniped 
entangled or trapped in pot or fish trap gear. Currently there are 
insufficient data to elevate this fishery to Category II, but NMFS will 
continue to monitor marine mammal interactions with pot/trap gear and 
revisit the fishery's classification in future LOFs.

WA, OR, CA Crab Pot Fishery

    NMFS proposes to add the humpback whale (Eastern North Pacific) to 
the list of marine mammal species and stocks incidentally killed or 
seriously injured in the ``WA, OR, CA crab pot fishery'' based upon 
data from the NMFS Southwest Regional Office stranding and entanglement 
databases. Between 2000-2005, there were 14 sightings of free swimming 
humpback whales, gray whales, or unidentified whales entangled in 
fishing gear identified as pot or trap gear. Of these sightings, 11 
entanglements were identified as crab pot gear and 3 were identified as 
other gear types (lobster and spot prawn). In addition, the stranding 
database has recorded one dead gray whale, one dead harbor seal, and 
one dead unidentified pinniped entangled or trapped in pot or fish trap 
gear. Currently there are insufficient data to elevate this fishery to 
Category II, but NMFS will continue to monitor marine mammal 
interactions with pot/trap gear and revisit the fishery's 
classification in future LOFs.

AK Prince William Sound Salmon Drift Gillnet

    Due to a typographical error in the 2006 LOF, the South Central AK 
stock of sea otters was inadvertently removed from the list of stocks 
incidentally killed or seriously injured in the ``AK Prince William 
Sound salmon drift gillnet fishery.'' NMFS proposes to correct this 
error and place the stock back on the list of species and stocks 
incidentally killed or seriously injured in this fishery.

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

Fishery Classification

Mid-Atlantic Mid-Water Trawl (Including Pair Trawl) Fishery

    NMFS proposes to downgrade the ``mid-Atlantic mid-water trawl 
(including pair trawl) fishery'' from Category I to Category II based 
on data presented in the draft 2006 SAR. This fishery was elevated to 
Category I on the 2001 LOF based on the estimated incidental serious 
injury and mortality of the western north Atlantic (WNA) stock of 
common dolphins exceeding 50 percent of the stock's PBR during the 
period from 1996-1998. Based on the most recent data presented in the 
draft 2006 SAR, the mean serious injury and mortality of common 
dolphins (WNA) in the mid-Atlantic mid-water trawl (including pair 
trawl) fishery was 0, or 0 percent of PBR (PBR= 1000) while the mean 
serious injury and mortality of white sided dolphins (WNA) was 4.3 
percent of PBR (PBR= 379). As a result, NMFS has determined that a 
Category I classification for the mid-Atlantic mid-water trawl fishery 
is no longer warranted. However, a Category II classification is 
necessary based on the mean serious injury and mortality of white sided 
dolphins (WNA) exceeding 1 percent of its PBR. Consequently, NMFS 
proposes to downgrade the mid-Atlantic mid-water trawl (including pair 
trawl) fishery from Category I to Category II.
    NMFS also proposes to remove the superscript (1) from common 
dolphins (WNA), long-finned pilot whales (WNA), and short-finned pilot 
whales (WNA) in Table 2. The mean mortality and serious injury levels 
presented in the draft 2006 LOF for common dolphins (WNA) was 0 percent 
of PBR, and for short-finned and long-finned pilot whales (WNA) was 0.3 
percent of PBR; therefore, serious injury and mortality of common 
dolphins (WNA) and long-finned and short-finned pilot

[[Page 70345]]

whales (WNA) is no longer driving the categorization of this fishery. 
The serious injury and mortality of white-sided dolphins (WNA) 
continues to drive the classification of this fishery as a Category II.

Addition of Fisheries to the LOF

Mid-Atlantic Flynet Fishery

    NMFS proposes to add the ``Mid-Atlantic flynet'' fishery as 
Category II. The flynet fishery currently operates from the Oregon 
Inlet to Cape Hatteras, NC between October and April, and operates in 
both Federal and state waters. Flynet fishing gear is characterized by 
high profile trawls that fish just off the bottom, targeting summer 
flounder, croaker, and weakfish. Flynets range from 8-12 ft (24 to 36 
m) across, with wing mesh sizes of 16-64 in. (41-163 cm). Mesh size is 
smaller closer to the tailbag, where the mesh size is 3.5 in (9 cm) 
square hung. Flynet fishing is no longer permitted south of Cape 
Hatteras in order to protect weakfish stocks. As of 2002, there were 21 
vessels utilizing flynet fishing gear. This is largely an opportunistic 
fishery, meaning that fishermen may have flynets on their vessels as 
well as other gear, and generally use them to harvest large schools of 
target fish. NMFS has placed observers on a voluntary basis on flynet 
vessels operating out of Wanchese, NC, and approximately 12 trips have 
been observed. Although no marine mammals have been observed 
incidentally seriously injured or killed, the similarity of this gear 
to other Category II bottom trawl fisheries warrants its classification 
as a Category II fishery by analogy.

Fishery Name and Organizational Changes and Clarifications

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

Southeastern U.S. Atlantic Shark Gillnet Fishery

    NMFS proposes to clarify that fishermen in the ``Southeastern U.S. 
Atlantic shark gillnet'' fishery include those using gillnets set in a 
sink, stab, set, strike, or drift fashion to target sharks. 
Traditionally, the 6 vessels considered to comprise this fishery used 
gillnets in either a drift or strikenet configuration. However, 
observers placed on various gillnet vessels in the Southeast have also 
documented the use of sink, stab, and set gillnets to target sharks by 
fishermen with a directed shark permit issued by NMFS under the FMP for 
Atlantic Tunas, Swordfish, and Sharks (50 CFR 635). A more accurate 
estimate of the number of vessels currently targeting sharks in the 
Southeast using gillnets is up to 30 vessels, although the fishery is 
dynamic with vessels configuring their gear to target a variety of 
other species as well.

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

    NMFS proposes to clarify the target species in the ``Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery'' to 
also include fishermen using pelagic longlines to target or land 
dolphin and wahoo. Fishing for dolphin and wahoo using longline gear 
involves shortening the gangions (the lines that serve to attach the 
hook to the mainline) so that they fish closer to the surface. 
Observers have noted that fishermen generally modify only sections of 
the pelagic longline gear set to target dolphin or wahoo, with the rest 
of the gear configured to target swordfish, tuna, and/or sharks. The 
number of vessels that regularly modify sections of their gear to 
target dolphin and wahoo is unknown, and there is no record of any 
observed vessel modifying their gear to fish only for dolphin and 
wahoo. Although fishermen using longlines to catch dolphin or wahoo are 
required to be permitted under the NMFS FMP for the Dolphin and Wahoo 
Fishery of the Atlantic in order to land these species, because they 
are only modifying a section of the gear to target dolphin or wahoo, 
they must also have a permit issued by NMFS under the FMP for Atlantic 
Tunas, Swordfish, and Sharks (50 CFR 635) to land pelagic species 
caught on unmodified sections of the gear. For these reasons, fishing 
for dolphin or wahoo using pelagic longline gear is considered part of 
the ``Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline 
fishery''.

Northeast Sink Gillnet Fishery, Northeast Anchored Float Gillnet 
Fishery, and Northeast Drift Gillnet Fishery

    NMFS proposes to change the language defining the ``Northeast
    sink gillnet'', the ``Northeast anchored float gillnet'', and the 
``Northeast drift gillnet'' fisheries by removing ''...from the Maine/
Canada border through the waters east of 72[deg] 30'W...'' (62 FR 33, 
January 2, 1997) from all three fisheries descriptions and replacing 
this with ''...from the U.S./Canada border to Long Island, NY, at 
72[deg] 30'W. long. South to 36[deg] 33.03'N. lat. And east to the 
eastern edge of the EEZ...''. This wording is more consistent with 
proposed management area boundaries for gillnet fisheries under the 
Atlantic Large Whale Take Reduction Plan (ALWTRP) regulations. As the 
ALWTRP management areas for gillnet fisheries consider the LOF 
definitions, consistency between the two boundaries may reduce 
confusion.

Northeast Sink Gillnet Fishery

    NMFS proposes to expand the list of target species associated with 
the ``Northeast sink gillnet fishery''. Upon the classification of 
sturgeon as a prohibited species in state and Federal waters, NMFS 
removed the ``Gulf of Maine, Southeast U.S. Atlantic coastal shad, 
sturgeon gillnet fishery'' from the LOF. Gillnet fishing for shad in 
the Northeast was reorganized and recategorized into the ``Northeast 
sink gillnet fishery'', ``Northeast anchored float gillnet fishery'', 
and/or the ``Northeast drift gillnet fishery'' depending on the type of 
gear used (66 FR 6545, January 22, 2001). The ``Offshore monkfish 
gillnet fishery'' was also removed from the LOF in 1997 (62 FR 33, 
January 2, 1997) and monkfish were to be integrated into either the 
``Northeast sink gillnet fishery'' or the ``U.S. mid-Atlantic coastal 
gillnet fishery'' depending on where the fish were targeted. Monkfish 
gillnetting in the Gulf of Maine was already considered to be an 
extension of the ``Northeast sink gillnet fishery'' (60 FR 67063, 
December 28, 1995).
    NMFS has recently become aware of additional species being targeted 
and, therefore, proposes to expand the list of fish species to include, 
but not be limited to: all species defined in the Northeast 
Multispecies FMP (American plaice, Atlantic cod, Atlantic halibut, 
haddock, ocean pout, offshore hake, pollock, red hake [ling], redfish, 
silver hake [whiting], white hake, windowpane flounder, winter 
flounder, witch flounder and yellowtail flounder),

[[Page 70346]]

as well as spiny dogfish, monkfish, shad, skate and mackerel.

Northeast Anchored Float Gillnet Fishery

    NMFS proposes to expand the list of target species associated with 
the ``Northeast anchored float gillnet fishery'' to include, but not be 
limited to: shad, herring, mackerel and menhaden. NMFS proposed the 
2001 reclassification of the ``Gulf of Maine small pelagics surface 
gillnet fishery'' to the ``Northeast anchored pelagic gillnet fishery'' 
(66 FR 6545, January 22, 2001) to incorporate fishing effort in other 
Northeast areas and to include catch other than small pelagics. 
However, due to changes in recording gillnet fishing effort and the 
need to better distinguish Atlantic gillnet fisheries by gear type, the 
fishery was classified as the ``Northeast anchored float gillnet'' (66 
FR 42780, August 15, 2001). Upon the classification of sturgeon as a 
prohibited species in state and Federal waters, NMFS removed the ``Gulf 
of Maine, Southeast U.S. Atlantic coastal shad, sturgeon gillnet 
fishery'' from the LOF. Gillnet fishing for shad in the Northeast was 
reorganized and recategorized into the ``Northeast sink gillnet 
fishery'', ``Northeast anchored float gillnet fishery'', and/or the 
``Northeast drift gillnet fishery depending on the type of gear used 
(66 FR 6545, January 22, 2001).

Northeast Drift Gillnet Fishery

    NMFS proposes to clarify the list of target species associated with 
the ``Northeast drift gillnet fishery''. Upon the classification of 
sturgeon as a prohibited species in state and Federal waters, NMFS 
removed the ``Gulf of Maine, Southeast U.S. Atlantic coastal shad, 
sturgeon gillnet fishery'' from the LOF. Gillnet fishing for shad in 
the Northeast is included in the ``Northeast sink gillnet fishery'', 
``Northeast anchored float gillnet fishery'', and/or the ``Northeast 
drift gillnet fishery'' depending on the type of gear used. NMFS 
therefore proposes to expand the list of target species in the 
Northeast drift gillnet to include, but not be limited to, shad, 
herring, mackerel and menhaden.

Mid-Atlantic Gillnet Fishery

    NMFS proposes to expand the list of target species associated with 
the ``Mid-Atlantic gillnet fishery'' to include, but not be limited to: 
Atlantic croaker, mackerel, black drum, bluefish, herring, menhaden, 
scup, shad, striped bass, weakfish, white perch, yellow perch, shark 
(large and small coastal shark, dogfish), and monkfish. This fishery 
includes recently expanded gillnet effort for large and small coastal 
shark in the mid-Atlantic. Atlantic sturgeon are listed as a species of 
concern under the Endangered Species Act, and a moratorium on 
possession and harvest of this species currently exists throughout the 
U.S. East Coast.
    In addition, NMFS proposes to clarify the type of gear associated 
with this fishery to include gillnets set in a sink, stab, set, strike, 
or drift fashion. This fishery includes any residual large pelagic 
driftnet effort in the mid-Atlantic.
    NMFS also proposes to change language defining the mid-Atlantic 
gillnet fishery by removing ''...west of 72[deg] 30'W. and north of a 
line extending due east from the North Carolina/South Carolina 
border...'' (62 FR 33, January 2, 1997) and replacing this with 
''...west of a line drawn at 72[deg] 30'W. long south to 36[deg] 
33.03'N. lat. and east to the eastern edge of the EEZ and north of the 
North Carolina/South Carolina border...''. This wording is more 
consistent with proposed management area boundaries for gillnet 
fisheries under the ALWTRP regulations. As the ALWTRP management areas 
for gillnet fisheries consider the LOF definitions, consistency between 
the two boundaries may reduce confusion.

Atlantic Mixed Species Trap/Pot Fishery

    NMFS proposes to expand the list of target species associated with 
the ``Atlantic mixed species trap/pot fishery''. NMFS added the 
category II ``Atlantic mixed species trap/pot fishery'' to the 2003 LOF 
to encompass the ``Northeast trap/pot fishery'', the ``mid-Atlantic 
mixed species trap/pot fishery'', the ``U.S. mid-Atlantic and Southeast 
U.S. Atlantic black sea bass trap/pot'' fisheries and any other trap/
pot fisheries otherwise not identified in the LOF, based on the use of 
similar gear and the potential for marine mammal entanglements. NMFS 
has recently become aware of additional species being targeted in this 
fishery. Therefore, NMFS proposes to expand the list of target species 
to include, but not be limited to: hagfish, shrimp, conch/whelk, red 
crab, Jonah crab, rock crab, black sea bass, scup, tautog, cod, 
haddock, pollock, redfish (ocean perch), white hake, spot, skate, 
catfish and American eel (not included in the LOF's ``U.S. mid-Atlantic 
eel trap/pot fishery'' description).
Number of Vessels/Persons
    NMFS proposes to update the number of participants in the 
``Southeastern U.S. Atlantic shark gillnet fishery'' from 6 to 30.
    NMFS proposes to update the number of participants in the ``Mid-
Atlantic gillnet fishery'' from >655 to >670 to include the 15 
participants targeting shark (e.g., large and small coastal shark, 
dogfish) in this fishery.

List of Species That are Incidentally Seriously Injured or Killed

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

    NMFS proposes to add Northern bottlenose whales (Western North 
Atlantic stock) to the list of species and stocks incidentally killed 
or seriously injured in the ``Atlantic Ocean, Caribbean, Gulf of Mexico 
large pelagics longline fishery''. A bottlenose whale was observed to 
be entangled and seriously injured in this fishery in 2001.
    NMFS has reviewed the other species listed as incidentally killed 
or seriously injured in this fishery. Although some species have not 
been observed to have been seriously injured or killed within the most 
recent 5-year timeframe for which estimates of marine mammal bycatch 
are made, the fishery still operates in the same general areas and uses 
the same type of gear, with the exception of the requirement for 
fishermen to now use circle hooks. The impacts of the use of circle 
hooks on reducing marine mammal incidental serious injury and mortality 
are still being analyzed. Therefore, NMFS has determined that no other 
changes to the list of species killed or seriously injured in this 
fishery is warranted at this time. NMFS will reassess the list of 
species incidentally seriously injured or killed in this fishery as 
more information becomes available.

Mid-Atlantic Haul/Beach Seine Fishery

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

Gulf of Maine Atlantic Herring Purse Seine Fishery

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

[[Page 70347]]

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

Mid-Atlantic Gillnet Fishery

    NMFS proposes to remove the superscript (1) from bottlenose dolphin 
(Western North Atlantic offshore stock) and minke whale (Canadian east 
coast stock) on the list of stocks incidentally killed or seriously 
injured in the ``Mid-Atlantic gillnet fishery''. In 1996 the mid-
Atlantic gillnet fishery was elevated from category III to category II 
based on a tier analysis focused on the incidental mortality and 
serious injury of harbor porpoise, coastal bottlenose dolphin, and 
humpback whales (60 FR 67081, December 28, 1995). For re-classification 
to a category I fishery in the 2002 LOF, the tier analysis was based on 
the incidental mortality and serious injury of coastal bottlenose 
dolphins (68 FR 1422, January 10, 2003). Though offshore bottlenose 
dolphins and minke whales have the potential to interact with the mid-
Atlantic gillnet fishery, these species have not influenced the fishery 
classification or its elevation; therefore, NMFS proposes to remove the 
superscript (1).

Northeast Bottom Trawl

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

List of Fisheries

    The following two tables list U.S. commercial fisheries according 
to their assigned categories under section 118 of the MMPA. The 
estimated number of vessels/participants is expressed in terms of the 
number of active participants in the fishery, when possible. If this 
information is not available, the estimated number of vessels or 
persons licensed for a particular fishery is provided. If no recent 
information is available on the number of participants in a fishery, 
the number from the most recent LOF is used.
    The tables also list the marine mammal species and stocks 
incidentally killed or injured in each fishery based on observer data, 
logbook data, stranding reports, and fisher reports. This list includes 
all species or stocks known to experience mortality or injury in a 
given fishery, but also includes species or stocks for which there are 
anecdotal records of interaction. Additionally, species identified by 
logbook entries may not be verified. Not all species or stocks 
identified are the reason for a fishery's placement in a given 
category. NMFS has designated those stocks that are responsible for a 
current fishery's classification by a ``\1\''.
    There are several fisheries classified in Category II that have no 
recently documented interactions with marine mammals, or interactions 
that did not result in a serious injury or mortality. Justifications 
for placement of these fisheries, which are greater than 1 percent of a 
stock's PBR level, are by analogy to other gear types that are known to 
cause mortality or serious injury of marine mammals, as discussed in 
the final LOF for 1996 (60 FR 67063, December 28, 1995), and according 
to factors listed in the definition of a ``Category II fishery'' in 50 
CFR 229.2. NMFS has designated those fisheries originally listed by 
analogy in Tables 1 and 2 by a ``2'' after the fishery's name.
    Table 1 lists commercial fisheries in the Pacific Ocean (including 
Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf 
of Mexico, and Caribbean.

  Table 1 - List of Fisheries Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                   Estimated
                                  of  Marine mammal species and
      Fishery Description          vessels/       stocks incidentally
                                    persons          killed/injured
------------------------------------------------------------------------
Category I
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
CA angel shark/halibut and       58            California sea lion, U.S.
 other species set gillnet (>                  Harbor seal, CA
 3.5 in. mesh)                                 Harbor porpoise, Central
                                                CA\1\
                                               Long-beaked common
                                                dolphin, CA
                                               Northern elephant seal,
                                                CA breedingSea otter, CA
                                               Short-beaked common
                                                dolphin, CA/OR/WA
------------------------------------------------------------------------
CA/OR thresher shark/swordfish   85            California sea lion, U.S.
 drift gillnet ([gteqt] 14 in.                 Dall's porpoise, CA/OR/WA
 mesh)                                          Fin whale, CA/OR/WA
                                               Gray whale, Eastern North
                                                Pacific
                                               Humpback whale, Eastern
                                                North Pacific
                                               Long-beaked common
                                                dolphin, CA
                                               Northern elephant seal,
                                                CA breeding
                                               Northern right-whale
                                                dolphin, CA/OR/WA
                                               Pacific white-sided
                                                dolphin, CA/OR/WA
                                               Risso's dolphin, CA/OR/WA
                                               Short-beaked common
                                                dolphin, CA/OR/WA
                                               Short-finned pilot whale,
                                                CA/OR/WA\1\
                                               Sperm whale, CA/OR/WA
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:     ............  .........................
------------------------------------------------------------------------

[[Page 70348]]

 
HI swordfish, tuna, billfish,    140           Blainville's beaked
 mahi mahi, wahoo, oceanic                      whale, HI
 sharks longline/set line                      Bottlenose dolphin, HI
                                               False killer whale, HI\1\
                                               Humpback whale, Central
                                                North Pacific
                                               Pantropical spotted
                                                dolphin, HI
                                               Risso's dolphin, HI
                                               Short-finned pilot whale,
                                                HI
                                               Spinner dolphin, HI
                                               Sperm whale, HI
------------------------------------------------------------------------
 Category II
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
AK Bristol Bay salmon drift      1,903         Beluga whale, Bristol Bay
 gillnet\2\                                    Gray whale, Eastern North
                                                Pacific
                                               Harbor seal, Bering Sea
                                               Northern fur seal,
                                                Eastern Pacific
                                               Pacific white-sided
                                                dolphin, North Pacific
                                               Spotted seal, AK
                                               Steller sea lion, Western
                                                U.S.\1\
------------------------------------------------------------------------
AK Bristol Bay salmon set        1,014         Beluga whale, Bristol Bay
 gillnet\2\                                    Gray whale, Eastern North
                                                Pacific
                                               Harbor seal, Bering Sea
                                               Northern fur seal,
                                                Eastern Pacific
                                               Spotted seal, AK
------------------------------------------------------------------------
AK Cook Inlet salmon set         745           Beluga whale, Cook Inlet
 gillnet                                       Dall's porpoise, AK
                                               Harbor porpoise, GOA
                                               Harbor seal, GOA
                                               Humpback whale, Central
                                                North Pacific\1\
                                               Steller sea lion, Western
                                                U.S.
------------------------------------------------------------------------
AK Cook Inlet salmon drift       576           Beluga whale, Cook Inlet
 gillnet                                       Dall's porpoise, AK
                                               Harbor porpoise, GOA\1\