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

Download as PDF Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2006–0925; FRL–8250–8] Approval and Promulgation of Implementation Plans; State of Missouri Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the state of Missouri. This revision pertains to Grossman Iron and Steel’s Source Registration Permit, number SR00.045A. This permit, issued by the City of St. Louis, will control particulate matter (PM10) emissions from Grossman Iron and Steel Company. This proposed approval will make the permit Federally enforceable. DATES: Comments on this proposed action must be received in writing by January 3, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2006–0925 by one of the following methods: 1. https://www.regulations.gov: Follow the online instructions for submitting comments. 2. E-mail: algoe-eakin.amy@epa.gov. 3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. Hand Delivery or Courier: Deliver your comments to: Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30, excluding legal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. mstockstill on PROD1PC61 with PROPOSALS FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551–7942, or by e-mail at algoe-eakin.amy@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of the Federal Register, EPA is approving the state’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. Dated: November 24, 2006. John B. Askew, Regional Administrator, Region 7. [FR Doc. E6–20432 Filed 12–1–06; 8:45 am] BILLING CODE 6560–50–P 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Proposed rule; request for comments. AGENCY: 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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 70339 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 EastWest 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 DavidlRostker@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; E:\FR\FM\04DEP1.SGM 04DEP1 70340 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 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. mstockstill on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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). How Does NMFS Determine which Species or Stocks are Included as Incidentally Killed or Seriously Injured in a Fishery? Other Criteria That May Be Considered 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 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). PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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? E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 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. mstockstill on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 70341 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/ mmaplreportinglform.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 E:\FR\FM\04DEP1.SGM 04DEP1 70342 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules any applicable take reduction plans. Take reduction plan requirements can be found at 50 CFR 229.30–34. Commercial Fisheries in the Pacific Ocean Sources of Information Reviewed for the Proposed 2007 LOF 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. Fishery Classification 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/. mstockstill on PROD1PC61 with PROPOSALS 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. VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules mstockstill on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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 1List 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 70343 >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 E:\FR\FM\04DEP1.SGM 04DEP1 70344 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules ‘‘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 mstockstill on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 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 midwater 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 midAtlantic 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 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules whales (WNA) is no longer driving the categorization of this fishery. The serious injury and mortality of whitesided dolphins (WNA) continues to drive the classification of this fishery as a Category II. Addition of Fisheries to the LOF mstockstill on PROD1PC61 with PROPOSALS Mid-Atlantic Flynet Fishery NMFS proposes to add the ‘‘MidAtlantic 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 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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’’. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 70345 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° 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° 30′W. long. South to 36° 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), E:\FR\FM\04DEP1.SGM 04DEP1 70346 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 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). mstockstill on PROD1PC61 with PROPOSALS 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 ‘‘MidAtlantic 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 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 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 midAtlantic. NMFS also proposes to change language defining the mid-Atlantic gillnet fishery by removing ’’...west of 72° 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° 30′W. long south to 36° 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. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 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 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 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 ‘‘MidAtlantic 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 reclassification 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 midAtlantic 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 70347 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 vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured Category I GILLNET FISHERIES: 58 California sea lion, U.S. Harbor seal, CA Harbor porpoise, Central CA1 Long-beaked common dolphin, CA Northern elephant seal, CA breedingSea otter, CA Short-beaked common dolphin, CA/OR/WA CA/OR thresher shark/swordfish drift gillnet (≥ 14 in. mesh) mstockstill on PROD1PC61 with PROPOSALS CA angel shark/halibut and other species set gillnet (> 3.5 in. mesh) 85 California sea lion, U.S. Dall’s porpoise, CA/OR/WA 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/WA1 Sperm whale, CA/OR/WA LONGLINE/SET LINE FISHERIES: VerDate Aug<31>2005 14:26 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 70348 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules TABLE 1 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Fishery Description Estimated # of vessels/persons HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic sharks longline/set line 140 Blainville’s beaked whale, HI Bottlenose dolphin, HI False killer whale, HI1 Humpback whale, Central North Pacific Pantropical spotted dolphin, HI Risso’s dolphin, HI Short-finned pilot whale, HI Spinner dolphin, HI Sperm whale, HI AK Bristol Bay salmon drift gillnet2 1,903 Beluga whale, Bristol Bay 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 gillnet2 1,014 Beluga whale, Bristol Bay Gray whale, Eastern North Pacific Harbor seal, Bering Sea Northern fur seal, Eastern Pacific Spotted seal, AK AK Cook Inlet salmon set gillnet 745 Beluga whale, Cook Inlet Dall’s porpoise, AK Harbor porpoise, GOA Harbor seal, GOA Humpback whale, Central North Pacific1 Steller sea lion, Western U.S. AK Cook Inlet salmon drift gillnet 576 Beluga whale, Cook Inlet Dall’s porpoise, AK Harbor porpoise, GOA1 Harbor seal, GOA Steller sea lion, Western U.S. AK Kodiak salmon set gillnet 188 Harbor porpoise, GOA1 Harbor seal, GOA Sea otter, Southwest AK Steller sea lion, Western U.S. AK Metlakatla/Annette Island salmon drift gillnet2 60 None documented AK Peninsula/Aleutian Islands salmon drift gillnet2 164 Dall’s porpoise, AK Harbor porpoise, GOA Harbor seal, GOA Northern fur seal, Eastern Pacific AK Peninsula/Aleutian Islands salmon set gillnet2 116 Harbor porpoise, Bering Sea Steller sea lion, Western U.S. AK Prince William Sound salmon drift gillnet 541 Dall’s porpoise, AK Harbor porpoise, GOA1 Harbor seal, GOA Northern fur seal, Eastern Pacific Pacific white-sided dolphin, North Pacific Steller sea lion, Western U.S.1 Marine mammal species and stocks incidentally killed/injured Category II mstockstill on PROD1PC61 with PROPOSALS GILLNET FISHERIES: VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 70349 TABLE 1 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated # of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured AK Southeast salmon drift gillnet 481 Dall’s porpoise, AK Harbor porpoise, Southeast AK Harbor seal, Southeast AK Humpback whale, Central North Pacific1 Pacific white-sided dolphin, North Pacific Steller sea lion, Eastern U.S. AK Yakutat salmon set gillnet2 170 Gray whale, Eastern North Pacific Harbor seal, Southeast AK Humpback whale, Central North Pacific (Southeast AK) CA yellowtail, barracuda, and white seabass drift gillnet fishery (mesh size > 3.5 inches and < 14 inches)2 24 California sea lion, U.S. Long-beaked common dolphin, CA Short-beaked common dolphin, CA/OR/WA WA Puget Sound Region salmon drift gillnet (includes all inland waters south of US-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded) 210 Dall’s porpoise, CA/OR/WA Harbor porpoise, inland WA1 Harbor seal, WA inland AK Southeast salmon purse seine 416 Humpback whale, Central North Pacific1 AK Kodiak salmon purse seine 370 Humpback whale, Central North Pacific1 CA anchovy, mackerel, tuna purse seine 110 Bottlenose dolphin, CA/OR/WA offshore1 California sea lion, U.S. Harbor seal, CA CA squid purse seine 65 Common dolphin, unknown Short-finned pilot whale, CA/OR/WA1 CA tuna purse seine2 10 Common dolphin, unknown None documented AK Bering Sea, Aleutian Islands flatfish trawl 26 Bearded seal, AK Harbor porpoise, Bering Sea Harbor seal, Bering Sea Killer whale, AK resident1 Northern fur seal, Eastern North Pacific Spotted seal, AK Steller sea lion, Western U.S.1 Walrus, AK AK Bering Sea, Aleutian Islands pollock trawl 120 Dall’s porpoise, AK Harbor seal, AK Humpback whale, Central North Pacific1 Humpback whale, Western North Pacific1 Killer whale, Eastern North Pacific, GOA, Aleutian Islands, and Bering Sea transient1 Minke whale, AK Ribbon seal, AK Spotted seal, AK Steller sea lion, Western U.S.1 114 Killer whale, AK resident1 Killer whale, Eastern North Pacific, GOA, Aleutian Islands, and Bering Sea transient1 Ribbon seal, AK Steller sea lion, Western U.S. PURSE SEINE FISHERIES: TRAWL FISHERIES: LONGLINE/SET LINE FISHERIES: mstockstill on PROD1PC61 with PROPOSALS AK Bering Sea, Aleutian Islands Pacific cod longline CA pelagic longline2 VerDate Aug<31>2005 11:53 Dec 01, 2006 6 Jkt 211001 PO 00000 Frm 00025 Fmt 4702 California sea lion, U.S. Risso’s dolphin, CA/OR/WA Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 70350 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules TABLE 1 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated # of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured OR swordfish floating longline2 0 None documented OR blue shark floating longline2 1 None documented 6 Humpback whale, Central North Pacific1 Humpback whale, Western North Pacific1 POT, RING NET, AND TRAP FISHERIES: AK Bering Sea sablefish pot Category III GILLNET FISHERIES: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet 1,922 Harbor porpoise, Bering Sea AK miscellaneous finfish set gillnet 3 Steller sea lion, Western U.S. AK Prince William Sound salmon set gillnet 30 Harbor seal, GOA Steller sea lion, Western U.S. AK roe herring and food/bait herring gillnet 2,034 None documented CA set and drift gillnet fisheries that use a stretched mesh size of 3.5 in or less 341 None documented Hawaii inshore gillnet 35 Bottlenose dolphin, HI Spinner dolphin, HI WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing) 24 Harbor seal, OR/WA coast WA, OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch, rockfish gillnet 913 None documented WA, OR lower Columbia River (includes tributaries) drift gillnet 110 California sea lion, U.S.Harbor seal, OR/WA coast WA Willapa Bay drift gillnet 82 Harbor seal, OR/WA coast Northern elephant seal, CA breeding AK Metlakatla salmon purse seine 10 None documented AK miscellaneous finfish beach seine 1 None documented AK miscellaneous finfish purse seine 3 None documented AK octopus/squid purse seine 2 None documented AK roe herring and food/bait herring beach seine 8 None documented AK roe herring and food/bait herring purse seine 624 None documented AK salmon beach seine 34 None documented AK salmon purse seine (except Southeast Alaska, which is in Category II) 953 Harbor seal, GOA WA, OR sardine purse seine 42 None documented HI Kona crab loop net 42 None documented HI opelu/akule net 12 None documented HI inshore purse seine 23 None documented mstockstill on PROD1PC61 with PROPOSALS PURSE SEINE, BEACH SEINE, ROUND HAUL AND THROW NET FISHERIES: VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 70351 TABLE 1 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated # of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured HI throw net, cast net 14 None documented WA (all species) beach seine or drag seine 235 None documented WA, OR herring, smelt, squid purse seine or lampara 130 None documented WA salmon purse seine 440 None documented WA salmon reef net 53 None documented CA squid dip net 115 None documented WA, OR smelt, herring dip net 119 None documented unknown None documented CA salmon enhancement rearing pen >1 None documented CA white seabass enhancement net pens 13 California sea lion, U.S. HI offshore pen culture 2 None documented OR salmon ranch 1 None documented WA, OR salmon net pens 14 California sea lion, U.S. Harbor seal, WA inland waters DIP NET FISHERIES: MARINE AQUACULTURE FISHERIES: CA marine shellfish aquaculture TROLL FISHERIES: AK North Pacific halibut, AK bottom fish, WA, OR, CA albacore, groundfish, bottom fish, CA halibut non-salmonid troll fisheries 1,530 (330 AK) None documented AK salmon troll 2,335 Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. American Samoa tuna troll > 50 None documented CA/OR/WA salmon troll 4,300 None documented Commonwealth of the Northern Mariana Islands tuna troll 88 None documented Guam tuna troll 401 None documented 1,321 None documented HI trolling, rod and reel LONGLINE/SET LINE FISHERIES: AK Bering Sea, Aleutian Islands Greenland turbot longline 12 Killer whale, AK resident Killer whale, Eastern North Pacific, GOA, Aleutian Islands, and Bering Sea transient AK Bering Sea, Aleutian Islands rockfish longline 17 None documented AK Bering Sea, Aleutian Islands sablefish longline 63 None documented 1,302 None documented AK Gulf of Alaska Pacific cod longline 440 None documented AK Gulf of Alaska rockfish longline 421 None documented AK Gulf of Alaska sablefish longline 412 Sperm whale, North Pacific Steller sea lion, Eastern U.S. 3,079 Steller sea lion, Western U.S. mstockstill on PROD1PC61 with PROPOSALS AK Gulf of Alaska halibut longline AK halibut longline/set line (State and Federal waters) VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 70352 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules TABLE 1 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated # of vessels/persons Fishery Description AK octopus/squid longline Marine mammal species and stocks incidentally killed/injured 7 None documented AK state-managed waters groundfish longline/setline (including sablefish, rockfish, and miscellaneous finfish) 731 None documented American Samoa longline 60 None documented WA, OR, CA groundfish, bottomfish longline/set line 367 None documented WA, OR North Pacific halibut longline/set line 350 None documented TRAWL FISHERIES: AK Bering Sea, Aleutian Islands Atka mackerel trawl 8 Steller sea lion, Western U.S. AK Bering Sea, Aleutian Islands Pacific cod trawl 87 Harbor seal, Bering Sea Steller sea lion, Western U.S. AK Bering Sea, Aleutian Islands rockfish trawl 9 None documented AK Gulf of Alaska flatfish trawl 52 None documented AK Gulf of Alaska Pacific cod trawl 101 Steller sea lion, Western U.S. AK Gulf of Alaska pollock trawl 83 Fin whale, Northeast Pacific Northern elephant seal, North Pacific Steller sea lion, Western U.S. AK Gulf of Alaska rockfish trawl 45 None documented AK food/bait herring trawl 3 None documented AK miscellaneous finfish otter or beam trawl 6 None documented AK shrimp otter trawl and beam trawl (statewide and Cook Inlet) 58 None documented AK state-managed waters of Cook Inlet, Kachemak Bay, Prince William Sound, Southeast AK groundfish trawl 2 None documented CA halibut bottom trawl 53 None documented WA, OR, CA groundfish trawl 585 California sea lion, U.S. Dall’s porpoise, CA/OR/WA Harbor seal, OR/WA coast Northern fur seal, Eastern Pacific Pacific white-sided dolphin, CA/OR/WA Steller sea lion, Eastern U.S. WA, OR, CA shrimp trawl 300 None documented AK Aleutian Islands sablefish pot 8 None documented AK Bering Sea, Aleutian Islands Pacific cod pot 76 None documented AK Bering Sea, Aleutian Islands crab pot 329 None documented unknown None documented 154 Harbor seal, GOA POT, RING NET, AND TRAP FISHERIES: mstockstill on PROD1PC61 with PROPOSALS AK Gulf of Alaska crab pot AK Gulf of Alaska Pacific cod pot AK Southeast Alaska crab pot unknown Humpback whale, Central North Pacific (Southeast AK) AK Southeast Alaska shrimp pot unknown Humpback whale, Central North Pacific (Southeast AK) AK octopus/squid pot VerDate Aug<31>2005 11:53 Dec 01, 2006 72 Jkt 211001 PO 00000 Frm 00028 Fmt 4702 None documented Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 70353 TABLE 1.—LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated # of vessels/persons Fishery Description AK snail pot 2 Marine mammal species and stocks incidentally killed/injured None documented CA lobster, prawn, shrimp, rock crab, fish pot 608 Gray whale, Eastern North Pacific Harbor seal, CA Humpback whale, Eastern North Pacific Sea otter, CA OR, CA hagfish pot or trap 25 None documented WA, OR, CA crab pot 1,478 Humpback whale, Eastern North Pacific Gray whale, Eastern North Pacific WA, OR, CA sablefish pot 176 None documented WA, OR shrimp pot/trap 254 None documented HI crab trap 22 None documented HI fish trap 19 None documented HI lobster trap 0 Hawaiian monk seal HI shrimp trap 5 None documented AK miscellaneous finfish handline and mechanical jig 100 None documented AK North Pacific halibut handline and mechanical jig 93 None documented AK octopus/squid handline 2 None documented American Samoa bottomfish <50 None documented Commonwealth of the Northern Mariana Islands bottomfish <50 None documented Guam bottomfish 200 None documented 4 None documented HANDLINE AND JIG FISHERIES: HI aku boat, pole and line HI Main Hawaiian Islands, Northwest Hawaiian Islands deep sea bottomfish 300 Hawaiian monk seal HI inshore handline 307 None documented HI tuna handline 298 Hawaiian monk seal WA groundfish, bottomfish jig 679 None documented 6 None documented 30 None documented 452 None documented AK Southeast herring roe/food/bait pound net 3 None documented WA herring brush weir 1 None documented 13 California sea lion, U.S. Western Pacific squid jig HARPOON FISHERIES: CA swordfish harpoon POUND NET/WEIR FISHERIES: mstockstill on PROD1PC61 with PROPOSALS AK herring spawn on kelp pound net BAIT PENS: WA/OR/CA bait pens DREDGE FISHERIES: VerDate Aug<31>2005 14:14 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 70354 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules TABLE 1 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated # of vessels/persons Fishery Description Coastwide scallop dredge Marine mammal species and stocks incidentally killed/injured 108 (12 AK) None documented 1 None documented 156 None documented WA herring spawn on kelp 4 None documented AK dungeness crab 3 None documented AK herring spawn on kelp 363 None documented AK urchin and other fish/shellfish 471 None documented CA abalone 111 None documented CA sea urchin 583 None documented 1 None documented HI fish pond N/A None documented HI handpick 37 None documented HI lobster diving 19 None documented HI squiding, spear 91 None documented WA, CA kelp 4 None documented WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, scallop, ghost shrimp hand, dive, or mechanical collection 637 None documented WA shellfish aquaculture 684 None documented DIVE, HAND/MECHANICAL COLLECTION FISHERIES: AK abalone AK clam HI black coral diving COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: AK, WA, OR, CA commercial passenger fishing vessel >7,000 (1,107 AK) HI charter vessel Killer whale, stock unknown Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. 114 None documented 93 None documented LIVE FINFISH/SHELLFISH FISHERIES: CA finfish and shellfish live trap/hook-and-line List of Abbreviations and Symbols Used in Table 1: AK - Alaska; CA - California; GOA - Gulf of Alaska; HI - Hawaii; OR - Oregon; WA - Washington; 1 - Fishery classified based on serious injuries and mortalities of this stock are greater than 1 percent of the stock’s PBR; 2 - Fishery classified by analogy. mstockstill on PROD1PC61 with PROPOSALS TABLE 2 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTICOCEAN, GULF OF MEXICO, AND CARIBBEAN Estimated ι of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured Category I GILLNET FISHERIES: VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 70355 TABLE 2 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTICOCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated ι of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured Mid-Atlantic gillnet >670 Bottlenose dolphin, WNA coastal1 Bottlenose dolphin, WNA offshore Common dolphin, WNA Gray seal, WNA Harbor porpoise, GME/BF1 Harbor seal, WNA Harp seal, WNA Humpback whale, Gulf of Maine1 Long-finned pilot whale, WNA Minke whale, Canadian east coast Short-finned pilot whale, WNA White-sided dolphin, WNA Northeast sink gillnet 341 Bottlenose dolphin, WNA offshore Common dolphin, WNA Fin whale, WNA Gray seal, WNA Harbor porpoise, GME/BF1 Harbor seal, WNA Harp seal, WNA Hooded seal, WNA Humpback whale, WNA1 Minke whale, Canadian east coast1 North Atlantic right whale, WNA1 Risso’s dolphin, WNA White-sided dolphin, WNA 94 Atlantic spotted dolphin, Northern GMX Atlantic spotted dolphin, WNA Bottlenose dolphin, GMX outer continental shelf Bottlenose dolphin, GMX, continental shelf edge and slope Bottlenose dolphin, WNA offshore Common dolphin, WNA Cuvier’s beaked whale, WNA Long-finned pilot whale, WNA1 Mesoplodon beaked whale, WNA Northern bottlenose whale, WNA Pantropical spotted dolphin, Northern GMX Pantropical spotted dolphin, WNA Pygmy sperm whale, WNA1 Risso’s dolphin, Northern GMX Risso’s dolphin, WNA Short-finned pilot whale, Northern GMX Short-finned pilot whale, WNA1 LONGLINE FISHERIES: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline TRAP/POT FISHERIES: Northeast/Mid-Atlantic American lobster trap/pot 13,000 Fin whale, WNA Harbor seal, WNA Humpback whale, WNA1 Minke whale, Canadian east coast1 North Atlantic right whale, WNA1 Category II GILLNET FISHERIES: mstockstill on PROD1PC61 with PROPOSALS Chesapeake Bay inshore gillnet2 45 None documented Gulf of Mexico gillnet2 724 Bottlenose Bottlenose Bottlenose Bottlenose North Carolina inshore gillnet 94 Bottlenose dolphin, WNA coastal1 VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 dolphin, dolphin, dolphin, dolphin, Eastern GMX coastal GMX bay, sound, and estuarine Northern GMX coastal Western GMX coastal E:\FR\FM\04DEP1.SGM 04DEP1 70356 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules TABLE 2 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTICOCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated ι of vessels/persons Fishery Description Northeast anchored float gillnet2 133 Northeast drift gillnet2 unknown Marine mammal species and stocks incidentally killed/injured Harbor seal, WNA Humpback whale, WNA White-sided dolphin, WNA None documented Southeast Atlantic gillnet2 779 Bottlenose dolphin, WNA coastal Southeastern U.S. Atlantic shark gillnet 30 Atlantic spotted dolphin, WNA Bottlenose dolphin, WNA coastal1 North Atlantic right whale, WNA 620 Bottlenose dolphin, WNA offshore Common dolphin, WNA Long-finned pilot whale, WNA Risso’s dolphin, WNA Short-finned pilot whale, WNA White-sided dolphin, WNA1 TRAWL FISHERIES: Mid-Atlantic mid-water trawl (including pair trawl) Mid-Atlantic bottom trawl >1,000 Common dolphin, WNA1 Long-finned pilot whale, WNA1 Short-finned pilot whale, WNA1 Mid-Atlantic flynet2 21 None documented Northeast mid-water trawl (including pair trawl) 17 Harbor seal, WNA Long-finned pilot whale, WNA1 Short-finned pilot whale, WNA1 White-sided dolphin, WNA 1,052 Common dolphin, WNA Harbor porpoise, GME/BF Harp seal, WNA1 Long-finned pilot whale, WNA Short-finned pilot whale, WNA White-sided dolphin, WNA1 Northeast bottom trawl TRAP/POT FISHERIES: Atlantic blue crab trap/pot >16,000 Bottlenose dolphin, WNA coastal1 West Indian manatee, FL1 Atlantic mixed species trap/pot2 unknown Fin whale, WNA Humpback whale, Gulf of Maine PURSE SEINE FISHERIES: Gulf of Mexico menhaden purse seine 50 Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, Eastern GMX coastal GMX bay, sound, estuarine Northern GMX coastal1 Western GMX coastal Mid-Atlantic menhaden purse seine2 22 Bottlenose dolphin, WNA coastal Mid-Atlantic haul/beach seine 25 Bottlenose dolphin, WNA coastal1 North Carolina long haul seine 33 Bottlenose dolphin, WNA coastal1 13 Bottlenose dolphin, WNA coastal1 187 Bottlenose dolphin, WNA coastal1 mstockstill on PROD1PC61 with PROPOSALS HAUL/BEACH SEINE FISHERIES: STOP NET FISHERIES: North Carolina roe mullet stop net POUND NET FISHERIES: Virginia pound net VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 70357 TABLE 2 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTICOCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated ι of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured Category III GILLNET FISHERIES: Caribbean gillnet >991 Dwarf sperm whale, WNA West Indian manatee, Antillean Delaware River inshore gillnet 60 None documented Long Island Sound inshore gillnet 20 None documented Rhode Island, southern Massachusetts (to Monomoy Island), and New York Bight (Raritan and Lower New York Bays) inshore gillnet 32 None documented unknown None documented Atlantic shellfish bottom trawl 972 None documented Gulf of Mexico butterfish trawl 2 Bottlenose dolphin, Northern GMX outer continental shelf Bottlenose dolphin, Northern GMX continental shelf edge and slope Gulf of Mexico mixed species trawl 20 None documented Southeast Atlantic inshore gillnet TRAWL FISHERIES: Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl >18,000 Bottlenose dolphin, Eastern GMX coastal Bottlenose dolphin, Western GMX coastal Bottlenose dolphin, GMX bay, sound, estuarine West Indian Manatee, FL MARINE AQUACULTURE FISHERIES: Finfish aquaculture 48 Harbor seal, WNA unknown None documented Gulf of Maine Atlantic herring purse seine 30 Harbor seal, WNA Gray seal, WNA Gulf of Maine menhaden purse seine 50 None documented Florida west coast sardine purse seine 10 Bottlenose dolphin, Eastern GMX coastal U.S. Atlantic tuna purse seine 5 Long-finned pilot whale, WNA Short-finned pilot whale, WNA U.S. Mid-Atlantic hand seine >250 None documented 46 None documented Shellfish aquaculture PURSE SEINE FISHERIES: LONGLINE/HOOK-AND-LINE FISHERIES: Northeast/Mid-Atlantic bottom longline/hook-and-line mstockstill on PROD1PC61 with PROPOSALS Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-and-line/harpoon 26,223 Humpback whale, WNA Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line >5,000 None documented Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line <125 None documented Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon 1,446 None documented VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 70358 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules TABLE 2 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTICOCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated ι of vessels/persons Fishery Description Marine mammal species and stocks incidentally killed/injured TRAP/POT FISHERIES Caribbean mixed species trap/pot >501 None documented Caribbean spiny lobster trap/pot >197 None documented Florida spiny lobster trap/pot 2,145 Bottlenose dolphin, Eastern GMX coastal Gulf of Mexico blue crab trap/pot 4,113 Bottlenose dolphin, Western GMX coastal Bottlenose dolphin, Northern GMX coastal Bottlenose dolphin, Eastern GMX coastal Bottlenose dolphin, GMX Bay, Sound, & Estuarine West Indian manatee, FL Gulf of Mexico mixed species trap/pot unknown None documented Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot 10 None documented Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot 4,453 None documented U.S. Mid-Atlantic eel trap/pot >700 None documented STOP SEINE/WEIR/POUND NET FISHERIES: Gulf of Maine herring and Atlantic mackerel stop seine/ weir U.S. Mid-Atlantic crab stop seine/weir 50 Gray seal, Northwest North Atlantic Harbor porpoise, GME/BF Harbor seal, WNA Minke whale, Canadian east coast White-sided dolphin, WNA 2,600 None documented 751 None documented Gulf of Maine mussel >50 None documented Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge 233 None documented 7,000 None documented 100 None documented 15 West Indian manatee, Antillean U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the North Carolina roe mullet stop net) DREDGE FISHERIES: U.S. Mid-Atlantic/Gulf of Mexico oyster U.S. Mid-Atlantic offshore surf clam and quahog dredge HAUL/BEACH SEINE FISHERIES: Caribbean haul/beach seine Gulf of Mexico haul/beach seine unknown 25 Southeastern U.S. Atlantic, haul/beach seine None documented None documented 20,000 None documented >50 None documented unknown None documented DIVE, HAND/MECHANICAL COLLECTION FISHERIES: mstockstill on PROD1PC61 with PROPOSALS Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection Gulf of Maine urchin dive, hand/mechanical collection Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net COMMERCIAL PASSENGER FISHING (CHARTER BOAT) FISHERIES: VerDate Aug<31>2005 11:53 Dec 01, 2006 Jkt 211001 VESSEL PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules 70359 TABLE 2 - LIST OF FISHERIES COMMERCIAL FISHERIES IN THE ATLANTICOCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Fishery Description Estimated ι of vessels/persons Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel 4,000 Marine mammal species and stocks incidentally killed/injured Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, Eastern GMX coastal Northern GMX coastal Western GMX coastal WNA coastal List of Abbreviations and Symbols Used in Table 2: FL - Florida; GA - Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - Gulf of Mexico; NC - North Carolina; SC - South Carolina; TX - Texas; WNA - Western North Atlantic; 1 - Fishery classified based on serious injuries and mortalities of this stock are greater than 1 percent of the stock’s PBR; 2 - Fishery classified by analogy. mstockstill on PROD1PC61 with PROPOSALS Classification The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule would not have a significant economic impact on a substantial number of small entities. For convenience, the factual basis leading to the certification is repeated below. Under existing regulations, all fishers participating in Category I or II fisheries must register under the MMPA, obtain an Authorization Certificate, and pay a fee of $25 (with the exception of those in regions with a registration integrated with existing state and Federal permitting processes). Additionally, fishers may be subject to a take reduction plan and requested to carry an observer. The Authorization Certificate authorizes the taking of marine mammals incidental to commercial fishing operations. NMFS has estimated that approximately 42,000 fishing vessels, most of which are small entities, operate in Category I or II fisheries, and therefore, are required to register. However, registration has been integrated with existing state or Federal registration programs for the majority of these fisheries so that the majority of fishers do not need to register separately under the MMPA. Currently, less than 360 fishers register directly with NMFS under the MMPA authorization program. Though this proposed rule would affect less than 360 small entities, the $25 registration fee, with respect to anticipated revenues, is not considered a significant economic impact. If a vessel is requested to carry an observer, fishers will not incur any economic costs associated with carrying that observer. As a result of this certification, an initial regulatory flexibility analysis was not prepared. In the event that reclassification of a fishery to Category I or II results in a take reduction plan, economic analyses of the effects of that VerDate Aug<31>2005 14:14 Dec 01, 2006 Jkt 211001 plan will be summarized in subsequent rulemaking actions. This proposed rule contains collection-of-information requirements subject to the Paperwork Reduction Act. The collection of information for the registration of fishers under the MMPA has been approved by the Office of Management and Budget (OMB) under OMB control number 0648–0293 (0.15 hours per report for new registrants and 0.09 hours per report for renewals). The requirement for reporting marine mammal injuries or mortalities has been approved by OMB under OMB control number 0648–0292 (0.15 hours per report). These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these reporting burden estimates or any other aspect of the collections of information, including suggestions for reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION). Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. This proposed rule has been determined to be not significant for the purposes of Executive Order 12866. An environmental assessment (EA) was prepared under the National Environmental Policy Act (NEPA) for regulations to implement section 118 of the MMPA (1995 EA). NMFS revised that EA relative to classifying U.S. commercial fisheries on the LOF in December 2005. Both the 1995 EA and the 2005 EA concluded that implementation of MMPA section 118 regulations would not have a significant impact on the human environment. This proposed rule would not make any PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 significant change in the management of reclassified fisheries, and therefore, this proposed rule is not expected to change the analysis or conclusion of the 2005 EA. If NMFS takes a management action, for example, through the development of a Take Reduction Plan (TRP), NMFS will first prepare an environmental document, as required under NEPA, specific to that action. This proposed rule would not affect species listed as threatened or endangered under the Endangered Species Act (ESA) or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would conduct consultation under ESA section 7 for that action. This proposed rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. This proposed rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act. Dated: November 27, 2006. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E6–20448 Filed 12–1–06; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\04DEP1.SGM 04DEP1

Agencies

[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]


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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.

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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\