List of Fisheries for 2008, 66048-66080 [E7-23076]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66048-66080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 070417093-7582-02]
RIN 0648-AV54


List of Fisheries for 2008

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
final List of Fisheries (LOF) for 2008, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2008 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: This final rule is effective January 1, 2008.

ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional 
offices.
    Written comments regarding the burden-hour estimates, or any other 
aspect of the collection of information requirements contained in this 
final rule, should be submitted in writing to Chief, Marine Mammal and 
Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910, or to David Rostker, 
Office of Management and Budget (OMB), by fax to 202-395-7285 or by 
email to David--Rostker@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected 
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9280; 
Nancy Young, Southeast Region, 727-551-5607; Elizabeth Petras, 
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van 
Atta, Pacific Islands Region, 808-944-2257. 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/, 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;
    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 Marine 
Mammal Stock Assessment Reports (SAR) and other relevant

[[Page 66049]]

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 proposed 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 fishery 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 mortality or serious injury 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 
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 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 or a 
Take Reduction Plan). NMFS will provide case-specific justification in 
the LOF for changes to the list of species or stocks incidentally 
killed or seriously injured.

How Does NMFS 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 with the 2005 SARs, each SAR includes 
an appendix with detailed descriptions of each Category I and II 
fishery in the LOF. The SARs generally do not provide detailed 
information on observer coverage in Category III fisheries because 
under the MMPA Category III fisheries are not required to accommodate 
observers aboard vessels due to the remote likelihood of 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 interactions with 
marine mammals. 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 NMFS 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 final 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.

Are High Seas Fisheries Included in the LOF?

    High seas fisheries in which U.S. persons or vessels participate 
are not included in the LOF. However, NMFS is considering the inclusion 
of U.S.-authorized high seas fisheries (fisheries operating beyond 200 
nmi of U.S. coasts) in future LOFs. At this time,

[[Page 66050]]

NMFS is gathering available information on the number of vessels 
permitted and/or actively fishing in U.S.-authorized high seas 
fisheries, gear types used, and marine mammal-fishery interactions data 
included in documents published under the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA), National Environmental Policy 
Act (NEPA), Endangered Species Act (ESA), and MMPA, and from relevant 
Regional Fishery Management Organizations (RFMO) and the International 
Whaling Commission (IWC).

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 MMAP registration 
process with existing state and Federal fishery license, registration, 
or permit systems. Participants in these fisheries are automatically 
registered under the MMAP 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. 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 HI Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic 
Sharks Longline/Set line Fishery.

How Do I Receive My Authorization Certificate and Injury/Mortality 
Reporting Forms?

    All vessel or gear owners will receive their authorization 
certificates and/or injury/mortality reporting forms via U.S. mail upon 
registration, except those vessel owners participating in the Northeast 
and Southeast Regional Integrated Registration Program. Vessel or gear 
owners participating in the Northeast and Southeast Regional Integrated 
Registration Program will receive their authorization certificates as 
follows:
    1. Northeast Region vessel or gear owners participating in Category 
I or II fisheries for which a state or Federal permit is required may 
receive their authorization certificate and/or injury/mortality 
reporting form by contacting the Northeast Regional Office at 978-281-
9328 or by visiting the Northeast Regional Office Web site (https://
www.nero.noaa.gov/prot_res/) and following instructions for printing 
the necessary documents.
    2. Southeast Region vessel or gear owners participating in Category 
I or II 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 may 
receive their authorization certificate and/or injury/mortality 
reporting form by contacting the Southeast Regional Office at 727-824-
5312 or by visiting the Southeast Regional Office Web site (https://
sero.nmfs.noaa.gov/pr/pr.htm) and following instructions for printing 
the necessary documents.

How Do I Renew My Registration Under the MMPA?

     Vessel or gear owners that participate in Pacific Islands or 
Alaska regional fisheries are automatically renewed and should receive 
an authorization certificate by January 1 of each new year. Vessel or 
gear owners in Washington and Oregon fisheries receive authorization 
with each renewed state fishing license, the timing of which varies 
based on target species. Vessel or gear owners who participate in 
Pacific Islands, Alaska, Washington, or Oregon fisheries and have not 
received authorization certificates by January 1 or with renewed 
fishing licenses must contact the appropriate NMFS Regional Office (see 
ADDRESSES).
    Vessel or gear owners in Southeast or Northeast regional fisheries 
may receive their authorization certificates by calling the relevant 
NMFS Regional Office or visiting the relevant NMFS Regional Office Web 
site (see How Do I Receive My Authorization Certificate and Injury/
Mortality Reporting Forms).
    Vessel or gear owners that participate in Southwest regional 
fisheries, which do not have an integrated registration program, and 
have previously registered in a Category I or II fishery will receive a 
renewal packet from the NMFS Southwest 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 NMFS Southwest Regional Office at least 30 days in 
advance of fishing. Individuals who have not received a renewal packet 
by January 1 must request a registration form from the NMFS Southwest 
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

[[Page 66051]]

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 reporting 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 any applicable take reduction plans. Take reduction plan 
regulations can be found at 50 CFR 229.30-35.

Sources of Information Reviewed for the Final 2008 LOF

    NMFS reviewed the marine mammal incidental mortality and serious 
injury 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 mortality and serious 
injury 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 final LOF for 2008 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), the 
final SARs for 2006 (72 FR 12774, March 19, 2007), and the draft SARs 
for 2007 (72 FR 35428, June 28, 2007). All the SARs are available at: 
https://www.nmfs.noaa.gov/pr/sars/.

Fishery Descriptions

    Below, NMFS briefly describes each Category I and II fishery in the 
final LOF for 2008. While detailed information describing each fishery 
in the LOF is included in the SARs, within a Fishery Management Plan 
(FMP) or Take Reduction Plan (TRP), or by state agencies, general 
descriptive information is important to include in the LOF for improved 
clarity. Fisheries are defined based on the gear and fishing methods, 
target species, temporal and spatial distribution, and management and 
regulatory schemes. NMFS refers readers to the SARs for more additional 
information on Category I and II fisheries. Abbreviations used in the 
following descriptions include: AK (Alaska), AL (Alabama), CA 
(California), DE (Deleware), FL (Florida), GA (Georgia), HI (Hawaii), 
LA (Louisiana), MA (Massachusetts), ME (Maine), MS (Mississippi), NC 
(North Carolina), NJ (New Jersey), NY (New York), OR (Oregon), RI 
(Rhode Island), SC (South Carolina), TX (Texas), VA (Virginia), and WA 
(Washington).

Category I and II Commercial Fisheries in the Pacific Ocean

HI Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks 
Longline/Set Line Fishery
    The Category I HI longline fishery targets swordfish, tuna, 
billfish, mahi mahi, wahoo, and oceanic sharks. The basic unit of gear 
is a 30-40 mi (48-64 km) long mainline made of 0.13-0.16 in (3.2-4.0 
mm) diameter monofilament line, with 800-1,000 hooks attached to the 
mainline. Deployment and retrieval of gear must occur at night. Shallow 
swordfish sets are required to use size 18/0 circle hooks with a 10-
degree offset and mackerel bait. Using squid bait is prohibited. For 
deep sets, all float lines must be at least 20 m (65.6 ft) long with a 
minimum of 15 branch lines attached to the mainline between any 2 
floats, except for basket-style longline gear that may have as few as 
10 branch lines. The use of any light emitting device is prohibited and 
vessels may not land or possess more than 10 swordfish at any time. The 
fishery operates over a huge geographic range extending north-south 
from 40[deg] N. lat. to the equator and east-west from Kure Atoll to as 
far as 135[deg] W. long. Fishing for swordfish generally occurs north 
of Hawaii (as much as 2,000 mi (3,219 km) from Honolulu), whereas 
fishing for tunas occurs primarily around the main Hawaiian Islands and 
south of the Hawaiian Islands. The fishery operates year-round, with 
effort generally lower in the third quarter of the year.
    The HI longline fishery is managed in part under the FMP for 
Pelagic Fisheries of the Western Pacific Region. The shallow-set 
swordfish component has annual fleetwide limits on interactions with 
leatherback and loggerhead sea turtles, an annual fleetwide limit of 
2,120 shallow sets north of the equator per year, and a requirement for 
operators to annually participate in a protected species workshop and 
get a valid protected species certification. Also, regulations mandate 
100 percent observer coverage in the shallow-set component of the 
fishery and at least 20 percent observer coverage in the deep-set 
component.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in 
mesh)
    The Category I CA/OR thresher shark/swordfish drift gillnet fishery 
primarily targets common thresher sharks and swordfish using a 1000-
fathom (6,000 ft; 1,829 m) gillnet with stretched mesh size from 18-22 
in (46-56 cm) with a 14-in (35.6 cm) minimum. Other species caught 
include: pelagic thresher, bigeye thresher, shortfin mako, blue shark, 
albacore, other tunas, and dorado. One end of the net is typically 
attached to the vessel and is set at dusk and allowed to drift during 
the night, typically for 12-14 hours. Fishing effort extends from the 
U.S.-Mexico border north to waters off of OR, with the majority of 
effort occurring from October to December. OR restricts landings to 
swordfish only.
    This fishery is a limited entry fishery managed under the Pacific 
Highly Migratory Species (HMS) FMP and by regulations under the Pacific 
Offshore Cetacean Take Reduction Plan (POCTRP), including multiple 
area-season closures and gear restrictions, a requirement for pingers 
on drift gillnets, a requirement that extenders (buoy lines) be at 
least 36 ft (11 m) long, and a requirement for vessel captains to 
attend skipper education workshops, when notified by NMFS.
CA Angel Shark/Halibut and Other Species Set Gillnet Fishery (>3.5 in 
mesh)
    The Category I CA angel shark/halibut and other species set gillnet 
fishery targets angel shark and halibut from the

[[Page 66052]]

U.S.-Mexico border north to Monterey Bay using 200 fathom (1,200 ft; 
366 m) gillnet with a stretch mesh size of 8.5 in (31.6 cm). Net soak 
duration is typically 8-10, 19-24, or 44-49 hours at a depth ranging 
from 15-50 fathoms (90-300 ft; 27-91 m) with most sets from 15-35 
fathoms (90-210 ft; 27-64 m). No more than 1500 fathoms (9,000 ft; 
2,743 m) of gill or trammel net may be fished in combination for CA 
halibut and angel shark. Fishing occurs year-round, with effort 
generally increasing during summer months and declining during last the 
3 months of the year. The central CA portion of the fishery from Point 
Arguello to Point Reyes has been closed since September, 2002, 
following a ban on gillnets inshore of 60 fathoms (360 ft; 110 m). Set 
gill nets have been prohibited in state waters south of Point Arguello 
and within 70 fathoms (420 ft; 128 m) or one mile (1.6 km), whichever 
is less, around the Channel Islands since 1990. The CA Department of 
Fish and Game (CDFG) manages the fishery as a limited entry fishery 
with gear restrictions and area closures.
CA Yellowtail, Barracuda, and White Seabass Drift Gillnet (mesh size 
[gteqt]3.5 in and <14 in) Fishery
    The Category II CA yellowtail, barracuda, and white seabass drift 
gillnet fishery targets primarily yellowtail and white seabass, and 
secondarily barracuda, with target species typically determined by 
market demand on a short-term basis. Drift gillnets are up to 6,000 ft 
(1,829 m) long and are set at the surface. The mesh size depends on 
target species and is typically 6.0-6.5 in (15-16.5 cm). When targeting 
yellowtail and barracuda, the mesh size must be [gteqt]3.5 in (9 cm); 
when targeting white seabass, the mesh size must be [gteqt]6 in (15.2 
cm). From June 16 to March 14 not more than 20 percent, by number, of a 
load of fish may be white seabass with a total length of 28 in (71 cm). 
A maximum of ten white seabass per load may be taken, if taken in 
gillnet or trammel nets with meshes from 3.5-6.0 in (9-15 cm) in 
length. The fishery operates year-round, primarily south of Point 
Conception with some effort around San Clemente Island and San Nicolas 
Island. This fishery is a limited entry fishery with various gear 
restrictions and area closures managed by the CDFG. Targeting tuna with 
this type of gear was effectively prohibited in April, 2004, under the 
Pacific HMS FMP.
CA Anchovy, Mackerel, Sardine Purse Seine Fishery
    The Category II CA anchovy, mackerel, sardine purse seine fishery 
targets wetfish (anchovy, mackerel, and sardine), with the target 
species primarily driven by availability and market demand. The fishery 
uses purse seines, drum seines, and lampara nets using standard seining 
techniques. A typical purse seine net is 185 fathoms (1,110 ft; 338 m) 
long, 22 fathoms (132 ft; 40 m) deep, and 1,600 meshes deep with each 
mesh measuring 1.25 in (3 cm). The fishery operates year-round 
predominantly in southern CA (including the Channel Islands) from San 
Diego, Oceanside, Dana Point, and San Pedro then north to San 
Francisco. This fishery is a limited entry fishery, and the mackerel 
and sardine fisheries are quota fisheries. The fishery is managed in 
accordance with the Coastal Pelagic Species (CPS) FMP.
CA Tuna Purse Seine Fishery
    The Category II CA tuna purse seine fishery targets yellowfin, 
skipjack, and bluefin tuna using purse seine nets similar to those used 
to target Coastal Pelagic Species (see the description under ``CA 
anchovy, mackerel, sardine purse seine fishery''). The fishery operates 
from May to October south of Point Conception to the U.S.-Mexico border 
and in the Southern California Bight. The fishery is managed under the 
Pacific HMS FMP. This fishery is considered an opportunistic fishery, 
meaning that fishers only target tuna when certain oceanographic and 
market conditions exist to make the fishery viable. Effort in the 
fishery is highly variable, ranging from zero to ten participants 
annually over the past several years.
CA Squid Purse Seine Fishery
    The Category II CA squid purse seine fishery targets market squid 
using several gear types. From 1997-2001, 98 percent of fishermen used 
purse (77 percent) or drum (21 percent) seine nets. Other types used 
were lampara, dip, and brail nets. The fishery uses lights (shielded 
and oriented downward, with a maximum of 30,000 watts) to aggregate 
spawning squid. The fishery operates year-round with the effort 
focusing north of Point Conception from April to September and south of 
Point Conception from October to March. El Nino events cause northern 
landings to increase, while La Nina events cause southern landings to 
increase.
    The fishery is managed by the CDFG and is monitored under the CPS 
FMP and the Market Squid FMP. Commercial squid purse seine fishing is 
prohibited year-round from noon on Friday until noon on Sunday to allow 
a 2-day consecutive uninterrupted period of spawning. All vessels must 
be permitted and comply with a mandatory logbook program for fishing 
and lighting. Since 2001, a seasonal harvest guideline is set to limit 
further expansion of the fishery.
CA Pelagic Longline Fishery
    The Category II CA pelagic longline fishery includes both shallow-
set and deep-set gear targeting swordfish and bigeye, albacore, and 
yellowfin tuna. The fishery operates in waters outside of the U.S. 
Exclusive Economic Zone (EEZ) because the Pacific HMS FMP prohibits 
targeting swordfish with longlines within 200 nmi of shore. In 2004, 
the CA-based shallow-set longline fishery was closed due to anticipated 
levels of sea turtle interactions. The following is a general 
description of the shallow-set fishery as it operated prior to 2004 and 
the current deep-set longline fishery.
    Prior to 2004, shallow-set longlines operated year-round primarily 
targeting swordfish with 15-45 mi (24-72 km) of mainline rigged with 
72-ft (22-m) gangions at approximately 197 ft (60 m) intervals. A 
shallow-set typically has 800-1,300 hooks with large squid or mackerel 
for bait. Most shallow-set fishing takes place at night when swordfish 
are at the surface, using various colored lightsticks. A shallow-set 
mainline is deployed for 4-7 hours and left to drift unattached for 7-
10 hours. At this time there is no CA-based shallow-set longline 
fishing due to anticipated levels of sea turtle interactions.
    Deep-set longlines operate year-round primarily targeting tuna with 
4-46.6 mi (7-75 km) mainline rigged with 25.6-36 ft (7.8-10.9 m) 
gangions with 15-16 branchlines set between floats. Deep-set longlines 
are set at dawn with an average 12 hour soak time. The deep-set sag of 
the mainline is between 328-1,050 ft (100-320 m) below the water's 
surface. A deep-set typically contains 270-1,900 hooks with double 
weighted leaders and sardine for bait. Deep-sets use a variety of hooks 
including size 38 tuna hooks, size 9 J-hooks, and size 16/0 circle 
hooks. A small scale deep-set longline fishery began in January 2005 
and continues currently. One hundred percent observer coverage is 
required in the deep-set longline fishery.
WA Puget Sound Regional Salmon Drift Gillnet
    The Category II WA Puget Sound regional salmon drift gillnet 
fishery targets coho, pink, sockeye, chinook, and chum salmon in inland 
marine waters (state waters) south of the U.S.-Canada border and east 
of the Bonilla-Tatoosh line at the entrance to the Strait of Juan de 
Fuca. Drift gillnet gear consists of single web construction, not

[[Page 66053]]

exceeding 300 fathoms (1,800; 549 m) in length, attached at one end of 
the vessel. The minimum mesh size varies from 5-7 in (13-18 cm) 
depending on the target species. While the depths fished vary, 
fishermen strive to keep the net off of the bottom. The drift times 
vary depending on the fishing area, tidal condition, and catch. This 
fishery is a limited entry fishery with seasonal openings, area 
closures, and gear restrictions. Regulations governing incidental take 
of marine mammals do not apply to tribal members exercising fishing 
treaty rights within this fishery .
AK Prince William Sound Salmon Drift Gillnet Fishery
    The Category II AK Prince William Sound salmon drift gillnet 
fishery targets salmon using drift gillnet gear with soak times of 15 
minutes to 3 hours. The gear is set both during the day and night, with 
10-14 sets per day. The fishery operates from mid-May to the end of 
September in the Prince William Sound Fisheries Management Area, the 
Copper River, and the Bering Sea. The Prince William Sound Fisheries 
Management Area consists of 11 districts with six hatcheries 
contributing to the salmon fisheries. This drift gillnet fishery is 
managed by the AK Department of Fish and Game (ADFG) as a limited entry 
fishery with gear restrictions (mesh and net size) and area closures.
AK Peninsula/Aleutian Islands Salmon Drift Gillnet Fishery
    The Category II AK Peninsula/Aleutian Islands salmon drift gillnet 
fishery targets salmon using drift gillnet gear with soak times of 2-5 
hours. The gear is set during the day and night, with 3-8 sets per day. 
The fishery operates from mid-June to mid-September in two districts 
north of the AK Peninsula (Northern and Northwestern), and four 
districts south of the AK Peninsula (Unimake, Southwestern, 
Southcentral, and Southeastern). This drift gillnet fishery is managed 
by ADFG as a limited entry fishery with gear restrictions (mesh and net 
size) and area closures.
AK Peninsula/Aleutian Islands Salmon Set Gillnet Fishery
    The Category II AK Peninsula/Aleutian Islands salmon set gillnet 
fishery targets salmon using set gillnet with the gear set every 2 
hours during the day and night. The gear is set with continuous soak 
times during the opener. Salmon may only be fished commercially during 
periods known as openers established by ADFG in-season. During some 
periods of the season fishing may be continuous with openers lasting 
days or even many weeks at a time. The ADFG posts weekly notices of 
fishing openers and announces the openers on regular radio channels a 
few days or a few hours before each opener. Fishing periods are often 
extended by Emergency Order during the last 24 hours of the opener.
    This fishery generally operates from June 18 to mid-August in two 
districts north of the AK Peninsula (Northern and Northwestern), and 
four districts south of the AK Peninsula (Unimake, Southwestern, 
Southcentral, and Southeastern). Set gillnet fishing effort also occurs 
off Atka and Amelia Islands. This set gillnet fishery is managed by 
ADFG as a limited entry fishery with gear restrictions (mesh and net 
size) and area closures.
AK Southeast Salmon Drift Gillnet Fishery
    The Category II AK Southeast salmon drift gillnet fishery targets 
salmon using drift gillnet gear with soak times of 20 minutes to 3 
hours. The gear is set during the day and night, with 6-20 sets set per 
day. This fishery generally operates from June 18 to early October in 
five main fishing areas off Southeast AK, as well as at Annette Island, 
in Terminal Harvest Areas (THA) adjacent to hatchery facilities, and 
for hatchery cost recovery. The majority of salmon are caught by drift 
gillnets in the five main fishing areas (81 percent in 2003) and the 
THAs (13 percent in 2003), with small contributions from Annette Island 
(4 percent in 2003), and for hatchery cost recovery (1.8 percent in 
2003). This drift gillnet fishery is managed by ADFG as a limited entry 
fishery, with gear restrictions (mesh and net size) and area closures.
AK Cook Inlet Salmon Drift Gillnet Fishery
    The Category II AK Cook Inlet salmon drift gillnet fishery targets 
salmon using drift gillnet gear with soak times of 15 minutes to 3 
hours, or continuously. The gear is set during the day, with 6-18 sets 
per day. This fishery generally operates from June 25 to end of August 
in the Central District of the Upper Cook Inlet. Drift gillnet fishing 
effort for sockeye salmon peaks in mid to late July. Currently, drift 
gillnet fishing for salmon in the Cook Inlet occurs in the Central 
District area only for the two regular 12-hour openers on Mondays and 
Thursdays. This drift gillnet fishery is managed by ADFG as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Cook Inlet Salmon Set Gillnet Fishery
    The Category II AK Cook Inlet salmon set gillnet fishery targets 
salmon using set gillnet gear with continuous soak times during the 
opener. Fishing effort occurs during the day and night in the Upper 
Cook Inlet; while fishing effort occurs only during the day in the 
Lower Cook Inlet, except during fishery extensions. In the Upper Cook 
Inlet, the catch is picked from the net (i.e., the net is tended) each 
day during a slack tide; while the catch is picked from the net every 
2-6 hours in the Lower Cook Inlet. The net becomes dry with low tide. 
The fishery generally operates from June 2 to mid-September in Cook 
Inlet. This set gillnet fishery is managed by ADFG as a limited entry 
fishery with gear restrictions (mesh and net size) and area closures.
AK Yakutat Salmon Set Gillnet Fishery
    The Category II AK Yakutat salmon set gillnet fishery targets 
salmon using set gillnet gear with continuous soak times during the 
opener, during the day and night. The catch is picked from the net 
every 2-4 hours each day or continuously during peak fishing times. The 
fishery generally operates from June 4 to the end of August. The 
Yakutat salmon set gillnet fishery consists of multiple set gillnet 
fisheries occurring in two fishing districts, the Yakutat District and 
the Yakataga District. As many as 25 different areas in the Yakutat and 
Yakataga Districts are open to commercial fishing each year. The 
Yakutat District fisheries primarily target sockeye and coho salmon, 
although all species of salmon are harvested. The Yakataga District 
fisheries target coho salmon. With a few exceptions, set gillnetting is 
confined to the intertidal area inside the mouths of rivers and 
streams, and to the ocean waters immediately adjacent to each. Due to 
the terminal nature of these fisheries, ADFG has been able to develop 
salmon escapement goals for most of the major, and several of the 
minor, fisheries. This set gillnet fishery is managed by ADFG as a 
limited entry fishery with gear restrictions (mesh and net size) and 
area closures.
AK Kodiak Salmon Set Gillnet Fishery
    The Category II AK Kodiak salmon set gillnet fishery targets salmon 
using set gillnet gear with continuous soak times during the opener. 
Fishing effort occurs during the day, with the catch picked from the 
net 2 or more times each day. The majority of set gillnets are attached 
to a shore lead up to 80 fathoms (480 ft; 146 m) long in a straight 
line to a king

[[Page 66054]]

buoy offshore, with numerous anchor lines and buoys holding the net in 
place. The last 25 fathoms (150 ft; 46 m) of the gillnet is usually 
formed into a fish trap, also called a hook. The fishery generally 
operates from June 9 to the end of September or early October. Many 
areas are open until early October, but most fishermen remove the nets 
by early September. As the runs progress in late July and change from 
sockeye to pink salmon, the ADFG often reduces the length of openers if 
escapement goals have not been met. Fishing effort begins to reduce in 
mid to late August as salmon runs begin to decline.
    This fishery consists of 2 Districts, the Northwest District from 
Spruce Island to the south side of Uyak Bay, and the Alitak Bay 
District located on the southwestern corner of Kodiak Island. In most 
years, the Northwest District is fished by approximately 100 permit 
holders and constitutes approximately 70 percent of the annual fishing 
effort, while the Alitak Bay District is fished by approximately 70 
permit holders and constitutes approximately 30 percent of the annual 
fishing effort. Traditionally, the Northwest District is open for the 
majority of June and July, while effort in the Alitak Bay District 
typically occurs 5 to 7 days out of every 10 days during the fishing 
season. This set gillnet fishery is managed by ADFG as a limited entry 
fishery with gear restrictions (mesh and net size) and area closures.
AK Bristol Bay Salmon Drift Gillnet Fishery
    The Category II AK Bristol Bay salmon drift gillnet fishery targets 
salmon using drift gillnet gear with continuous soak times for part of 
the net, while other parts of the net are tended. Fishing effort occurs 
during the day and night, with a continuous number of sets per day. 
This fishery generally operates from June 17 to the end of August in 
Bristol Bay. Approximately 80 percent of the salmon catch in Bristol 
Bay is caught with drift gillnets. The Bristol Bay management area 
consists of five management districts including all coastal and inland 
waters from Cape Newenham to Cape Menshikof. There are eight major 
river systems in the area, and these form the largest commercial 
sockeye salmon fishery in the world. Although sockeye salmon is the 
most abundant salmon species that returns to Bristol Bay each year, 
chinook, chum, coho, and pink salmon returns are also important to the 
fishery. This drift gillnet fishery is managed by ADFG as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Bristol Bay Salmon Set Gillnet Fishery
    The Category II AK Bristol Bay salmon set gillnet fishery targets 
salmon using set gillnet gear with continuous soak times during the 
opener, but the net is dry during low tide. Fishing effort occurs 
during the day and night, with 2 or more continuous sets per day. This 
fishery generally operates from June 17 to the end of August or mid-
September in the same areas in Bristol Bay as the AK Bristol Bay salmon 
drift gillnet fishery discussed above. Approximately 20 percent of the 
salmon catch in Bristol Bay is caught with set gillnets. This set 
gillnet fishery is managed by ADFG as a limited entry fishery with gear 
restrictions (mesh and net size) and area closures.
AK Metlakatla/Annette Island Salmon Drift Gillnet Fishery
    The Category II AK Metlakatla/Annette Island salmon drift gillnet 
fishery targets salmon using drift gillnet gear off Annette Island in 
Southeast AK. This drift gillnet fishery is an exclusively tribal 
fishery. The fishery is a limited entry fishery with gear restrictions 
(mesh and net size) and area closures. This fishery, as a tribal 
fishery, is separate from the AK Southeast drift gillnet fishery only 
for regulation purposes. The fisheries are considered the same for LOF 
categorization purposes.
AK Southeast Salmon Purse Seine Fishery
    The Category II AK Southeast salmon purse seine fishery targets 
salmon using purse seine gear with soak times of 20-45 minutes. Fishing 
effort occurs mostly in daylight hours, except at the peak of the 
season, with 6-20 sets per day. The fishery generally operates from the 
end of June to September. In 2003, purse seine fishing ran through 
November 12 in THAs. Regulations allow purse seine fishing to occur in 
certain fishing districts, and also in certain THAs, hatchery cost 
recovery areas, and the Annette Island Fishery Reserve. This purse 
seine fishery accounts for approximately 80 percent of the total salmon 
harvest in Southeast AK, and approximately 87 percent of the fish 
caught are pink salmon. This purse seine fishery is managed by ADFG as 
a limited entry fishery with gear restrictions (mesh and net size) and 
area closures.
AK Cook Inlet Salmon Purse Seine Fishery
    The Category II AK Cook Inlet salmon purse seine fishery targets 
salmon using purse seine gear in Cook Inlet from June 1 to October 31. 
Purse seines must be between 90 fathoms (540 ft; 165 m) and 250 fathoms 
(1,500 ft; 457 m) long, and 100 meshes and 325 meshes deep. Detachable 
or loose leads are not permitted. In Cook Inlet, purse seines may be 
used in the Southern District, Kamishak Bay District, Outer District, 
Eastern District, and Chinitna Bay Subdistrict east of a line from the 
crane on the south shore to the largest boulder on the landward end of 
Glacier Spit. This purse seine fishery is managed by ADFG as a limited 
entry fishery with gear restrictions (mesh and net size) and area 
closures.
AK Kodiak Salmon Purse Seine Fishery
    The Category II AK Kodiak salmon purse seine fishery targets salmon 
using purse seine gear from June 1 to October 31, with fishing periods 
open by regulation and emergency orders. Purse seine gear must have a 
mesh size of less than 7 in (18 cm). Purse seine gear must be between 
100 fathoms (600 ft; 183 m) and 200 fathoms (1,200 ft; 366 m) long, and 
between 100 meshes and 325 meshes deep. At least 50 fathoms (300 ft; 91 
m) of a purse seine must be 150 meshes in depth. One lead, no more than 
100 fathoms (600 ft; 183 m) in length, may be used with each purse 
seine. The aggregate length of a seine and lead may not exceed 250 
fathoms (1,500 ft; 457 m). Leads must be removed from the water within 
two hours after a season or fishing period closure. Overlapping panels 
of net web may not be used in seine leads.
    This fishery occurs in the Kodiak Area, including all waters of AK 
south of Cape Douglas (58[deg] 51.10' N. lat.), west of 150[deg] W. 
long., north of 55[deg] 30' N. lat., and north and east of the southern 
entrance of Imuya Bay. This purse seine fishery is managed by ADFG as a 
limited entry fishery with gear restrictions (mesh and net size) and 
area closures.
AK Bering Sea and Aleutian Islands (BSAI) Flatfish Trawl Fishery
    The Category II AK BSAI flatfish trawl fishery targets flatfish 
using trawl gear in the U.S. EEZ of the eastern Bering Sea and the 
portion of the North Pacific Ocean adjacent to the Aleutian Islands, 
which is west of 170[deg] W. long. up to the U.S.-Russian Convention 
Line of 1867. Management measures for the BSAI groundfish fisheries 
constrain fishing both temporally and spatially. This fishery is 
federally managed under the BSAI FMP. The authorized gear, fishing 
season, criteria for determining fishing seasons, and area restrictions 
by gear type are defined in the regulations

[[Page 66055]]

implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pollock Trawl Fishery
    The Category II AK BSAI pollock trawl fishery targets flatfish 
using trawl gear in the same location as the AK BSAI flatfish trawl 
fishery described above. The use of non-pelagic trawl gear in the 
directed fishery for pollock is prohibited. This fishery is federally 
managed under the BSAI FMP. Management measures for the BSAI groundfish 
fisheries constrain fishing both temporally and spatially. The gear 
authorized, fishing year, criteria for determining fishing seasons, and 
area restrictions by gear type are defined in the regulations 
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pacific Cod Longline Fishery
    The Category II AK BSAI Pacific cod longline fishery targets 
Pacific cod using longline gear in the same location as the AK BSAI 
flatfish trawl fishery described above. This fishery is federally 
managed under the BSAI FMP. Management measures for the BSAI groundfish 
fisheries constrain fishing both temporally and spatially. The gear 
authorized, fishing year, criteria for determining fishing seasons, and 
area restrictions by gear type are defined in the regulations 
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea Sablefish Pot Fishery
    The Category II AK Bering Sea sablefish pot fishery targets 
sablefish using pot gear in the same location as the AK BSAI flatfish 
trawl fishery described above. This fishery is Federally managed under 
the BSAI FMP and is operated under Individual Fishing Quotas. 
Management measures for the BSAI groundfish fisheries constrain fishing 
both temporally and spatially. The gear authorized, fishing year, 
criteria for determining fishing seasons, and area restrictions by gear 
type are defined in the regulations implementing the BSAI FMP (50 CFR 
part 679).

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

Northeast Sink Gillnet Fishery
    The Category I Northeast sink gillnet fishery targets Atlantic cod, 
haddock, pollock, yellowtail flounder, winter flounder, witch flounder, 
American plaice, windowpane flounder, spiny dogfish, monkfish, silver 
hake, red hake, white hake, ocean pout, skate spp, mackerel, redfish, 
and shad. This fishery uses sink gillnet gear, which is anchored 
gillnet (bottom-tending net) fished in the lower one-third of the water 
column. The dominant material is monofilament twine with stretched mesh 
sizes from 6-12 in (15-30.5 cm) and string lengths from 600-10,500 ft 
(183-3,200 m), depending on the target species. The fishery operates 
from the U.S.-Canada border to Long Island, NY, at 72[deg] 30' W. long. 
south to 36[deg] 33.03' N. lat. (corresponding with the VA/NC border) 
and east to the eastern edge of the EEZ, including the Gulf of Maine, 
Georges Bank, and Southern New England, and excluding Long Island Sound 
or other waters where gillnet fisheries are listed as Category III. At 
this time, these Category II and II fisheries include: the Northeast 
anchored float gillnet; Northeast drift gillnet; Long Island Sound 
inshore gillnet; and RI, southern MA (to Monomoy Island), and NY Bight 
(Raritan and Lower NY Bays) inshore gillnet. Fishing effort occurs 
year-round, peaking from May to July primarily on continental shelf 
regions in depths from 30-750 ft (9-228.6 m), with some nets deeper 
than 800 ft (244 m).
    This fishery is managed by the Northeast Multispecies (Groundfish) 
FMP and the Monkfish FMP. This fishery is also managed by the Atlantic 
Large Whale Take Reduction Plan (ALWTRP) and the Harbor Porpoise Take 
Reduction Plan (HPTRP) to reduce the risk of entanglement of right, 
humpback, and fin whales, and harbor porpoises, respectively. The 
fishery is primarily managed by Total Allowable Catch (TAC) limits; 
individual trip limits (quotas); effort caps (limited number of days at 
sea per vessel); time and area closures; and gear restrictions.
Mid-Atlantic Gillnet Fishery
    The Category I Mid-Atlantic gillnet fishery targets monkfish, spiny 
dogfish, smooth dogfish, bluefish, weakfish, menhaden, spot, croaker, 
striped bass, large and small coastal sharks, Spanish mackerel, king 
mackerel, American shad, black drum, skate spp., yellow perch, white 
perch, herring, scup, kingfish, spotted seatrout, and butterfish. The 
fishery uses drift and sink gillnets, including nets set in a sink, 
stab, set, strike, or drift fashion, with some unanchored drift or sink 
nets used to target specific species. The dominant material is 
monofilament twine with stretched mesh sizes from 2.5-12 in (6.4-30.5 
cm), and string lengths from 150-8,400 ft. (46-2,560 m). This fishery 
operates year-round 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 NC/SC border, not including waters where Category II and 
Category III inshore gillnet fisheries operate in bays, estuaries, and 
rivers. At this time, these Category II and Category III fisheries 
include: the Chesapeake Bay inshore gillnet; NC inshore gillnet; DE 
River inshore gillnet; Long Island Sound inshore gillnet; and RI, 
southern MA (to Monomy Island), and NY Bight (Raritan and Lower NY 
Bays) inshore gillnet. This fishery includes any residual large pelagic 
driftnet effort in the mid-Atlantic and any shark and dogfish gillnet 
effort in the mid-Atlantic zone described. The fishing effort is 
prosecuted right off the beach (6 ft [1.8 m]) or in nearshore coastal 
waters to offshore waters (250 ft [76 m]).
    Gear in this fishery is managed by several Federal FMPs and Inter-
State FMPs managed by the Atlantic States Marine Fisheries Commission 
(ASMFC), the ALWTRP, the HPTRP, and the Bottlenose Dolphin Take 
Reduction Plan (BDTRP). Fisheries are primarily managed by TACs; 
individual trip limits (quotas); effort caps (limited number of days at 
sea per vessel); time and area closures; and gear restrictions and 
modifications.
Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline 
Fishery
    The Category I Atlantic Ocean, Caribbean, Gulf of Mexico large 
pelagics longline fishery targets swordfish, yellowfin tuna, bigeye 
tuna, bluefin tuna, albacore tuna, dolphin fish, wahoo, shortfin mako 
shark, and a variety of other shark species. The fishery uses a 
mainline of >700 lb (317.5 kg) test monofilament typically ranging from 
10-45 mi (16-72 km) long. Bullet-shaped floats are suspended at regular 
intervals along the mainline and long sections of gear are marked by 
radio beacons. Long gangion lines of 200-400 lb (91-181 kg) test 
monofilament of typically 100-200 ft (30.5-61 m) are suspended from the 
mainline. Only certain sized hooks and baits are allowed based on 
fishing location. Hooks are typically fished at depths between 40-120 
ft (12-36.6 m). Longlines targeting tuna are typically set at dawn are 
hauled near dusk, while longlines targeting swordfish are typically set 
at night and hauled in the morning. Gear remains in the water typically 
for 10-14 hours. Fishermen generally modify only select sections of 
longline gear to target dolphin or wahoo, with the remaining gear 
configured to target swordfish, tuna, and/or sharks.
    This fishery operates year-round and occurs within and outside the 
U.S. EEZ throughout Atlantic, Caribbean and Gulf

[[Page 66056]]

of Mexico waters. The fishery has historically been composed of five 
relatively distinct segments with different fishing practices and 
strategies, including: Gulf of Mexico yellowfin tuna fishery; South 
Atlantic-Florida east coast to Cape Hatteras swordfish fishery; Mid-
Atlantic and New England swordfish and bigeye tuna fishery; U.S. 
distant water swordfish fishery; and Caribbean Islands tuna and 
swordfish fishery. In addition to geographical area, these segments 
have historically differed by percentage of various target and non-
target species, gear characteristics, and deployment techniques.
    This fishery is managed under the Consolidated Atlantic HMS FMP. 
The dolphin and wahoo portions of the fishery are managed under the 
South Atlantic FMP for Dolphin and Wahoo. Regulations under the MSA 
address the target fish species, as well as bycatch species protected 
under the ESA and/or the MMPA. A portion of this fishery is the subject 
of the Pelagic Longline Take Reduction Team (PLTRT), convened in 2005. 
NMFS is currently developing regulations to implement the Take 
Reduction Plan.
Northeast/Mid-Atlantic American Lobster Trap/Pot Fishery
    The Category I Northeast/Mid-Atlantic American lobster trap/pot 
fishery targets American lobster primarily with traps, while 2-3 
percent of the target species is taken by mobile gear (trawls and 
dredges). The fishery operates in inshore and offshore waters from ME 
to NJ and may extend as far south as Cape Hatteras. Approximately 80 
percent of American lobster are harvested from state waters; therefore, 
the ASMFC has a primary regulatory role. The EEZ portion of the fishery 
operates under regulations from the Federal American Lobster FMP. Both 
the EEZ and state fishery are operating under Federal regulations from 
the ALWTRP.
Northeast Anchored Float Gillnet Fishery
    The Category II Northeast anchored float gillnet fishery targets 
mackerel, herring (particularly for bait), shad, and menhaden using 
gillnet gear of any size anchored and fished in the upper two-thirds of 
the water column. The fishery operates 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, not including Long Island 
Sound or other waters where gillnet fisheries are listed as Category 
III. The fishery is managed under the Interstate FMPs for Atlantic 
Menhaden and Shad and is subject to ALWTRP implementing regulations. A 
total closure of the American shad ocean intercept fishery was fully 
implemented in January, 2005.
Northeast Drift Gillnet Fishery
    The Category II Northeast drift gillnet fishery targets species 
other than large pelagics, including shad, herring, mackerel, and 
menhaden. This fishery uses drift gillnet gear, which is gillnet gear 
not anchored to the bottom and is free-floating on both ends or free-
flowing at one end and attached to the vessel at the other end. Mesh 
sizes are likely less than those used to target large pelagics. The 
fishery includes any residual large pelagic driftnet effort in New 
England and occurs at any depth in the water column 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. The 
fishery is managed under the Interstate FMPs for Atlantic Menhaden and 
Shad and is subject to ALWTRP implementing regulations. A total closure 
of the American shad ocean intercept fishery was fully implemented in 
January, 2005.
Chesapeake Bay Inshore Gillnet Fishery
    The Category II Chesapeake Bay inshore gillnet fishery targets 
menhaden and croaker using gillnet gear with mesh sizes ranging from 
2.75-5 in (7-12.7 cm), depending on the target species. The fishery 
operates between the Chesapeake Bay/Bridge Tunnel and the mainland. The 
fishery is managed under the Interstate FMPs for Atlantic Menhaden and 
Atlantic Croaker.
Northeast Mid-Water Trawl (Including Pair Trawl) Fishery
    The Category II Northeast mid-water trawl fishery targets Atlantic 
herring with bycatch of several finfish species, predominantly 
mackerel, spiny dogfish, and silver hake. This fishery uses primarily 
mid-water (pelagic) trawls (single and paired), which is trawl gear 
designed, capable, or used to fish for pelagic species with no portion 
designed to be operated in contact with the bottom. The fishery occurs 
primarily in ME State waters, Jeffrey's Ledge, southern New England, 
and Georges Bank during the winter months when the target species 
continues its southerly migration from the Gulf of Maine/Georges Bank, 
into mid-Atlantic waters. The fishery is managed jointly by the Mid-
Atlantic Fishery Management Council and the ASMFC as a migratory stock 
complex.
Mid-Atlantic Flynet Fishery
    The Category II Mid-Atlantic flynet fishery is a multispecies 
fishery composed of nearshore and offshore components that operate 
along the eastern coast of the Mid-Atlantic United States. Flynets are 
high profile trawls similar to bottom otter trawls. These nets 
typically range from 80-120 ft (24-36.6 m) in headrope length, with 
wing mesh sizes of 16-64 in (41-163 cm), following a slow 3:1 taper to 
smaller mesh sizes in the body, extension, and codend sections of the 
net. The nearshore fishery operates from October to April inside of 30 
fathoms (180 ft; 55 m) from NC to NJ. This nearshore fishery targets 
Atlantic croaker, weakfish, butterfish, harvestfish, bluefish, 
menhaden, striped bass, kingfishes, and other finfish species. Flynet 
fishing is no longer permitted south of Cape Hatteras in order to 
protect weakfish stocks. The offshore component operates from November 
to April outside of 30 fathoms (180 ft; 55 m) from the Hudson Canyon 
off NY, south to Hatteras Canyon off NC. These deeper water fisheries 
target bluefish, Atlantic mackerel, Loligo squid, black sea bass, and 
scup (72 FR 7382, February 15, 2007). Illex Squid are also targeted 
offshore (70-200 fathoms [420-1,200 ft; 128-366 m]) during summer 
months from May to September.
Northeast Bottom Trawl Fishery
    The Category II Northeast bottom trawl fishery uses bottom trawl 
gear to target species included in the NE Multispecies FMP, Summer 
Flounder FMP, and Scup and Seabass FMP, including, but not limited to: 
Atlantic cod, haddock, pollock, yellowtail flounder, winter flounder, 
witch flounder, American plaice, Atlantic halibut, redfish, windowpane 
flounder, summer flounder, spiny dogfish, monkfish, silver hake, red 
hake, white hake, ocean pout, and skate spp. The fishery operates year-
round, with a peak from May to July, from the U.S.-Canada border 
through waters east of 72[deg] 30' W. long., primarily on the 
continental shelf and throughout the Gulf of Maine, Georges Bank, and 
Southern New England. The fishery is primarily managed by TACs, 
individual trip limits (quotas), effort caps (limited number of days at 
sea per vessel), time and area closures, and gear restrictions.
VA Pound Net Fishery
    The Category II VA pound net fishery targets weakfish, spot, and 
croaker using stationary gear in nearshore coastal and estuarine waters 
off VA. Pound net gear includes a large mesh lead posted

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perpendicular to the shoreline and extending outward to the corral, or 
``heart,'' where the catch accumulates. This fishery includes all pound 
net effort in VA State waters, including waters inside the Chesapeake 
Bay. The fishery is managed under Interstate FMPs for Atlantic Croaker 
and Spot, and is an affected fishery under the BDTRP.
Atlantic Mixed Species Trap/Pot Fishery
    The Category II Atlantic mixed species trap/pot fishery's target 
species include, but are not 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, stone crab, American eel, and cunner. The fishery includes all 
trap/pot operations from the U.S.-Canada border south through the 
waters east of the fishery management demarcation line between the 
Atlantic Ocean and the Gulf of Mexico (50 CFR 600.105), but does not 
include the following Category I, II, and III trap/pot fisheries: 
Northeast/Mid-Atlantic American lobster trap/pot; Atlantic blue crab 
trap/pot; Florida spiny lobster trap/ pot; Southeastern U.S. Atlantic, 
Gulf of Mexico stone crab trap/pot; U.S. Mid-Atlantic eel trap/pot 
fisheries; and the Southeastern U.S. Atlantic, Gulf of Mexico golden 
crab fishery (68 FR 1421, January 10, 2003). The fishery is managed 
under various