List of Fisheries for 2009, 33760-33800 [08-1352]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 115 (Friday, June 13, 2008)]
[Proposed Rules]
[Pages 33760-33800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 080204115-8135-01]
RIN 0648-AW48


List of Fisheries for 2009

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

[[Page 33761]]


ACTION: Proposed rule; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2009, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2009 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 August 12, 2008.

ADDRESSES: Send comments by anyone of the following methods.
    (1) Electronic Submissions: Submit all electronic comments through 
the Federal eRulemaking portal: https://www.regulations.gov (follow 
instructions for submitting comments).
    (2) Mail: Chief, Marine Mammal and Sea Turtle Conservation 
Division, Attn: List of Fisheries, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910.
    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 
and Sea Turtle Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to David 
Rostker, OMB, by fax to 202-395-7285 or by email to David_
Rostker@omb.eop.gov.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All personal identifying information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments. Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    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; 
Nancy Young, 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; 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/lof/, 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, Attn: Bridget Mansfield; or
    NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani 
Boulevard, Suite 1100, Honolulu, HI 96814-4700, Attn: Lisa Van Atta.

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 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

[[Page 33762]]

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).
    Because 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, including observer coverage. 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 includes: level of 
observer coverage, target species, levels of fishing effort, spatial 
and temporal distribution of fishing effort, characteristics of fishing 
gear and operations, management and regulations, and interactions with 
marine mammals. Copies of the SARs are available on the NMFS Office of 
Protected Resource's website at: https://www.nmfs.noaa.gov/pr/sars/. 
Additional information on observer programs 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 proposed rule includes three 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; 
Table 3 lists all U.S.-authorized fisheries on the high seas. A fourth 
table, Table 4, lists all fisheries managed under applicable take 
reduction plans or teams.

Are High Seas Fisheries Included on the LOF?

    NMFS received public comments for the 2007 LOF (72 FR 14466, March 
28, 2007, comment/response 9) and the 2008 LOF (72 FR 66048, November 
27, 2007, comment/response 5) requesting NMFS include high seas 
fisheries on the LOF. In response to these comments, NMFS analyzed the 
relationship between MMPA sections 117 and 118 and the High Seas 
Fishing Compliance Act (HSFCA) and determined that it is appropriate to 
include U.S. fishers fishing on the high seas on the LOF. Beginning 
with the 2009 LOF, NMFS proposes to include high seas fisheries in 
Table 3 of the LOF. NMFS compiled information on vessels issued a HSFCA 
permit to identify fisheries operating on the high seas and to ensure 
that all high seas fisheries are included in the LOF, particularly 
those that do not have a component within waters under the jurisdiction 
of the United States (e.g., State waters, the U.S. territorial sea, and 
the U.S. Exclusive Economic Zone (EEZ); hereafter referred to as ``U.S. 
waters'').
    NMFS acknowledges that many fisheries currently operate in both 
U.S. waters and on the high seas, creating some overlap between the 
fisheries listed in Tables 1 and 2 and those in Table 3. NMFS has 
designated those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these U.S. waters fisheries do not necessarily 
represent additional fishers that are not accounted for in Tables 1 and 
2. Many fishers holding these permits also fish within U.S. waters and 
are included in the number of vessels and participants operating within 
those fisheries in Table 1 and 2. For example, the fishers 
participating in the Category I ``CA/OR thresher shark/swordfish drift 
gillnet fishery'' may operate in both U.S. waters and the adjacent high 
seas, thus the high seas component of this fishery (listed in Table 3 
as the ``Pacific Highly Migratory Species'' drift gillnet) is not a 
separate fishery, but an extension of the fishery operating within U.S. 
waters (listed in Table 1).

How Does NMFS Authorize U.S. Vessels to Participate in High Seas 
Fisheries?

    NMFS issues high seas fishing permits, valid for five years, under 
the HSFCA. To fish under a high seas permit, a fisherman must also 
possess any required permits issued under the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA) (with the exception of the South

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Pacific Tuna Treaty fisheries, the Pacific Tuna Fisheries (Eastern 
Tropical Pacific purse seine vessels) and the South Pacific Albacore 
Troll fishery), and any permits issued by NMFS to fish within the 
convention area of a Regional Fishery Management Organization. Under 
the current permitting system, however, a fisherman can obtain a high 
seas permit prior to obtaining any necessary MSA permits. Similarly, a 
fisherman may have a HSFCA permit that was issued prior to changes in 
permits issued under the MSA. Therefore, some fishers possess valid 
HSFCA permits without the ability to fish under the permit. For this 
reason, the number of HSFCA permits displayed in Table 3 of this 
proposed rule is likely higher than the actual fishing effort by U.S. 
vessels on the high seas.
    As of 2004, NMFS issues HSFCA permits only for high seas fisheries 
analyzed in accordance with the National Environmental Policy Act 
(NEPA) and the Endangered Species Act (ESA). There are currently seven 
U.S.-authorized high seas fisheries: Atlantic Highly Migratory Species 
Fisheries, Pacific Highly Migratory Species Fisheries, Western Pacific 
Pelagic Fisheries, South Pacific Albacore Troll Fishing, Pacific Tuna 
Fisheries, South Pacific Tuna Fisheries, and Antarctic Marine Living 
Resources. The LOF will not include the ``Pacific (Eastern Tropical) 
Tuna Fisheries'' because these fisheries are managed under Title III of 
the MMPA, separate from those fisheries subject to the LOF under 
section 118. Permits obtained prior to 2004 for fisheries that are no 
longer authorized by the HSFCA, but for which the 5-year permit is 
still valid, are included on the LOF as ``unspecified.'' The 
``unspecified'' fisheries will be removed from the LOF once those 
permits have expired, and the permit holder is required to renew the 
permit under one of the seven authorized fisheries.
    The authorized high seas fisheries are broad in scope and encompass 
multiple specific fisheries identified by gear type. Therefore, the 
seven U.S.-authorized high seas fisheries, exclusive of the ``Pacific 
(Eastern Tropical) Tuna Fisheries'', are subdivided on the LOF based on 
gear types (e.g., trawls, longlines, purse seines, gillnets, etc.), as 
listed on each individual's permit application, to provide more detail 
on composition of effort within these fisheries.

How Will NMFS Categorize High Seas Fisheries on the LOF?

    As discussed in the previous sections of this preamble, commercial 
fisheries operating within U.S. waters are categorized on the LOF based 
on the level of mortality and serious injury of marine mammal stocks 
incidental to commercial fishing as related to the stock's PBR level. 
PBR levels are calculated based on the stock's abundance using data 
presented in the SARs. Section 117 of the MMPA (16 U.S.C. 1386) 
requires NMFS to prepare SARs for marine mammal stocks occurring ``in 
waters under the jurisdiction of the United States.'' NMFS does not 
develop SARs or calculate PBR levels for marine mammal stocks on the 
high seas; therefore, NMFS does not possess the same information to 
categorize high seas fisheries as is used to categorize fisheries 
operating within U.S. waters.
    NMFS proposes to categorize the majority of high seas fisheries on 
the LOF as Category II. Category II is the appropriate category for new 
fisheries for which NMFS does not have adequate information to 
accurately categorize, unless there is reliable information to 
categorize it otherwise, or until further information becomes 
available. Categorizing a fishery as a Category II allows NMFS to place 
observers on vessels in that fishery, providing NMFS the opportunity to 
obtain information needed to most accurately catagorize a commercial 
fishery. For fisheries that operate both within U.S. waters and on the 
high seas, the fishery will be classified according to its status in 
U.S. waters. Therefore, for a Category I or Category III fishery within 
U.S. waters, the high seas component would also be classified as 
Category I or Category III, accordingly. For example, the ``Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery'' is a 
Category I fishery targeting highly migratory species within U.S. 
waters. Vessels in this fishery regularly cross into the high seas 
while fishing. Therefore, the high seas ``Atlantic Highly Migratory 
Species'' longline fishery would also be classified as Category I 
because it is the same fishery regardless of whether a vessel is 
fishing within U.S. waters or crosses the boundary into the high seas. 
Please see below under ``Summary of changes to the LOF for 2009'' for 
more details. NMFS will continue to gather available information on the 
authorized high seas fisheries and recategorize fisheries in Table 3, 
if necessary, as more information becomes available.

How Will NMFS Determine which Species or Stocks to Include as 
Incidentally Killed or Seriously Injured in a High Seas Fishery?

    All serious injury and mortality of marine mammals incidental to 
commercial fishing operations, both in U.S. waters and on the high 
seas, must be reported to NMFS. High seas fishers are provided with 
Marine Mammal Take Reporting Forms to record such incidents. (Very few 
marine mammal takes by U.S. vessels participating in high seas 
fisheries, however, have been reported on these forms to date.) 
Observer programs for fisheries operating within U.S. waters also 
collect data on the high seas if the vessel should cross into high seas 
waters. Additionally, some fisheries that operate exclusively on the 
high seas have formal observer programs that provide data on 
interactions. In these cases, the MSA, NEPA, or ESA documents 
supporting the authorization of the seven U.S.-authorized high seas 
fisheries review observer documented interactions and list the marine 
mammal species taken in those fisheries. This information is used to 
identify marine mammals killed/injured in these fisheries in Table 3 on 
the LOF. For other fisheries without observer data, the MSA, NEPA, and 
ESA documents supporting the authorization of the seven U.S.-authorized 
high seas fisheries present information on marine mammal interactions 
from anecdotal and other reports, which do not always specify the 
marine mammal species involved in the interactions. Therefore, marine 
mammal species killed or injured in the high seas fisheries without 
observer data that are listed in Table 3 would be designated as 
``undetermined'' until additional information on marine mammal 
populations and fishery interactions on the high seas become available.
    For high seas fisheries with an associated fishery operating within 
U.S. waters, as discussed above, Table 3 would list the same marine 
mammal species killed or injured (excluding coastal species that would 
not be found on the high seas) as those killed or injured by that 
fishery operating within U.S. waters. For example, the ``CA/OR thresher 
shark/swordfish drift gillnet ([gteqt]14 in, mesh)'' lists Risso's 
dolphins as killed or injured in the fishery operating within U.S. 
waters. This species occurs both within U.S. waters and the adjacent 
high seas and vessels in this fishery often cross into the high seas to 
fish. NMFS assumes that these vessels pose the same risk to the species 
on both sides of the EEZ boundary. Therefore, NMFS will also list 
Risso's dolphins under the high seas component of this fishery, the 
``Pacific Highly Migratory Species'' drift gillnet fishery. NMFS will 
add and delete

[[Page 33764]]

species from the LOF as additional information becomes available.

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 to lawfully take a marine mammal incidental to commercial 
fishing. 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?

    NMFS has integrated the MMPA registration process, the Marine 
Mammal Authorization Program (MMAP), with existing state and Federal 
fishery license, registration, or permit systems for all Category I and 
II fisheries on the LOF. Participants in these fisheries are 
automatically registered under the MMAP and NMFS will issue vessel or 
gear owners an authorization certificate. Participants in these 
fisheries are not required to submit registration or renewal materials 
directly under the MMAP. 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)). 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).

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, 
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-
9300 x6505 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, 
Southwest, 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 these regions 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 participating 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).

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 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. Refer to Table 4 in 
this document for a list of fisheries affected by take reduction teams 
and plans. Take reduction plan regulations can be found at 50 CFR 
229.30-35.

Sources of Information Reviewed for the Proposed 2009 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, fishery management plans, ESA documents,

[[Page 33765]]

and other information that may not be included in the SARs.
    The proposed LOF for 2009 was based, among other things, on 
information provided in the NEPA and ESA documents analyzing authorized 
high seas fisheries, and 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), the final SARs for 
2007 (73 FR 21111, April 18, 2008), and the draft SARs for 2008. All 
the SARs are available at: https://www.nmfs.noaa.gov/pr/sars/.

Fishery Descriptions

    NMFS described each Category I and II fishery on the LOF for 2008 
in the final 2008 LOF (72 FR 66048, November 27, 2007). Below, NMFS 
briefly describes each fishery listed as a Category I or II fishery 
appearing on the LOF for the first time. Additional details for 
Category I and II fisheries operating in U.S. waters are included in 
the SARs, Fishery Management Plans (FMPs), and Take Reduction Plans 
(TRPs), or through state agencies. Additional details for Category I 
and II fisheries operating on the high seas are included in various 
FMPs, NEPA, or ESA documents.

High Seas Atlantic Highly Migratory Species Fisheries

    The Atlantic Highly Migratory Species (HMS) high seas fisheries are 
similar to fisheries targeting Atlantic HMS within U.S. waters, but 
primarily use pelagic longline gear. Atlantic swordfish and bigeye tuna 
are the primary target species on the high seas, with Atlantic 
yellowfin, albacore and skipjack tunas, and pelagic and some deepwater 
sharks also caught and retained for sale. Bluefin tuna are caught 
incidental to pelagic longline operations, both on the high seas and 
within U.S. waters, and may be retained subject to specific target 
catch requirements.
    Within U.S. waters, HMS commercial fishers use several gear types. 
Authorized gear for tuna include speargun (except when targeting 
bluefin), rod and reel, handlines, bandit gear, harpoon, pelagic 
longline, trap (pound net and fish weir), and purse seine. Purse seines 
used to target bluefin tuna must have a mesh size of less than or equal 
to 4.5 in (11.4 cm) and at least 24-count thread throughout the net. 
Only rod and reel gear may be used to target billfish and commercial 
possession of Atlantic billfish is prohibited. Authorized gear for 
sharks includes rod and reel, handline, bandit gear, longline, and 
gillnet. Gillnets must be less than or equal to 2.5 km (1.6 mi) in 
length. Authorized gear for swordfish includes handline, handgear 
(including buoy gear), and longline for north Atlantic swordfish, and 
longline for south Atlantic swordfish. North Atlantic swordfish 
incidentally taken in squid trawls may be retained. The fishery 
management area for Atlantic HMS includes U.S. waters and the adjacent 
high seas.
    Atlantic HMS are managed under regulations implementing the 
Consolidated Atlantic HMS FMP (2006), under the authority of the MSA 
and the Atlantic Tunas Convention Act (ATCA). Regulations issued under 
the MSA address the target fish species, as well as bycatch of species 
protected by the ESA, MMPA, and Migratory Bird Treaty Act. The MSA 
regulations (50 CFR part 635) require vessel owners and operators 
targeting Atlantic HMS with longline or gillnet gear to complete 
protected species (sea turtles and marine mammals) safe handling, 
release, and identification workshops. The regulations also require 
shark dealers to complete an Atlantic shark identification workshop.
    The high seas components of Atlantic HMS fisheries are extensions 
of various Category I II, and III fisheries operating in U.S. waters 
(Tables 1 and 2). The longline fishery targeting Atlantic HMS in U.S. 
waters is the Category I, ``Atlantic Ocean, Caribbean, Gulf of Mexico 
large pelagics longline fishery.'' NMFS is currently developing 
regulations to implement the Pelagic Longline Take Reduction Plan 
(PLTRP) for this fishery. The gillnet fishery targeting Atlantic HMS in 
U.S. waters is the Category II, ``Southeastern U.S. Atlantic shark 
gillnet'' fishery. This fishery is subject to the Bottlenose Dolphin 
TRP (BDTRP) (50 CFR 229.35), for coastal gillnetting only, and the 
Atlantic Large Whale TRP (ALWTRP) (50 CFR 229.32). The purse seine 
fishery targeting Atlantic HMS in U.S. waters is the Category III, 
``Atlantic tuna purse seine fishery.''
    For more information on the Atlantic HMS fisheries and details on 
the management and regulations of these fisheries, please see the 
Consolidated Atlantic HMS FMP (https://www.nmfs.noaa.gov/sfa/hms/
hmsdocument_files/FMPs.htm) and the regulations for Atlantic HMS 
fisheries in 50 CFR part 635.

High Seas Pacific Highly Migratory Species Fisheries

    The Pacific HMS high seas fisheries are virtually the same as 
fisheries targeting Pacific HMS within U.S. waters. Pacific HMS 
fisheries target tunas (North Pacific albacore, yellowfin, bigeye, 
skipjack, and bluefin), billfish (striped marlin), sharks (common 
thresher, pelagic thresher, bigeye thresher, shortfin mako, and blue), 
swordfish, and dorado (i.e., dolphinfish) using several gear types. 
Authorized gear include surface hook-and-line (including troll, rod and 
reel, handline, albacore jig, and live bait), harpoon (non-mechanical), 
drift gillnet (14 in (35.5 cm) stretch mesh or greater), pelagic 
longline, and purse seine (including ring, drum, and lampara nets). 
Pacific HMS incidentally caught by unauthorized gear may be landed 
under certain circumstances. Species prohibited in Pacific HMS 
fisheries include any salmon species, great white shark, basking shark, 
megamouth shark, and Pacific halibut. The fishery management area for 
Pacific HMS covers U.S. waters from the U.S.-Mexico border to the U.S.- 
Canada border, and the adjacent high seas.
    Pacific HMS are managed under regulations implementing the FMP for 
U.S. West Coast Fisheries for HMS, adopted in April 2004. The MSA 
regulations (50 CFR part 660, subpart K) address the target fish 
species as well as species protected by the ESA and MMPA. The MSA 
regulations lay out multiple restrictions for fishing for Pacific HMS 
with longline gear. Vessels fishing longline gear may not target HMS 
within U.S. waters. Targeting swordfish with shallow set longline gear 
or possessing a light stick on board the vessel west of 150[deg] W. 
long. and north of the equator is prohibited. From April 1-May 31, 
longline gear is prohibited in the area bounded on the south by the 
equator, north by 15[deg] N. lat., east by 145[deg] W. long., and west 
by 180[deg] long. Longline vessels must have a valid protected species 
workshop certificate onboard, along with safe handling and release 
tools for sea turtles and seabirds.
    Along with the MSA requirements, including area closures for marine 
mammal and sea turtle protection, drift gillnet fishing for Pacific HMS 
is managed under the MMPA through the Pacific Offshore Cetacean Take 
Reduction Plan (POCTRP) (50 CFR 229.31). The POCTRP regulations require 
multiple gear modifications during the May 1-January 31 fishing season, 
including a requirement that all extenders (buoy lines) be at least 6 
fathoms (36 ft; 10.9 m) in length, all

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floatlines be fished at a minimum of 36 ft (10.9 m) below the surface, 
all nets have operational pingers to a water depth of a least 100 
fathoms (600 ft; 182.9 m). Also, all drift gillnet vessel operators 
must attend skipper education workshops before each fishing season.
    The high seas components of Pacific HMS fisheries are extensions of 
various Category I, II, and III fisheries operating within U.S. waters 
(Tables 1 and 2). The drift gillnet fishery targeting Pacific HMS, the 
Category I ``CA/OR thresher shark/swordfish drift gillnet ([gteqt]14in. 
mesh) fishery,'' is managed under the POCTRP. The purse seine fishery 
targeting Pacific HMS within U.S. waters is the Category II ``CA tuna 
purse seine fishery.'' While longline fishing for Pacific HMS is 
prohibited within U.S. waters, the LOF includes the Category II ``CA 
pelagic longline fishery'' to account for swordfish caught outside U.S. 
waters, but landed into the U.S. West coast. The troll fishery 
targeting Pacific HMS is an extension of U.S. waters Category III ``AK 
North Pacific halibut, AK bottom fish, WA/OR/CA albacore, groundfish, 
bottom fish, CA halibut non-salmonid troll fisheries.''
    For more information on the Pacific HMS fisheries and details on 
the management and regulations of these fisheries, please see the 
Pacific HMS FMP (https://www.pcouncil.org/hms/hmsfmp.html#final), the 
Pacific HMS FMP Biological Opinion (BiOp) (https://swr.nmfs.noaa.gov/
HMS_FMP_Opinion_Final.pdf), and the regulations for Pacific HMS in 
50 CFR part 660, subpart K.

High Seas Western Pacific Pelagic Fisheries

    The Western Pacific pelagic high seas fisheries are virtually the 
same as fisheries targeting Wester Pacific pelagic species in U.S. 
waters. Western Pacific pelagic fisheries target tunas (albacore, 
bigeye, yellowfin, bluefin, and skipjack), billfish (Indo-Pacific blue 
marlin, black marlin, striped marlin, shortbill spearfish), sharks 
(pelagic thresher, bigeye thresher, common thresher, silky, oceanic 
whitetip, blue, shortfin mako, longfin mako, and salmon), swordfish, 
sailfish, wahoo, kawakawa, moonfish, pomfret, oilfish, and other tuna 
relatives. The main gears used to fish in the Western Pacific Pelagic 
fisheries are pelagic longline, troll, and handline. The Western 
Pacific Pelagic fisheries take place in the Western Pacific Fishery 
Management Area (including waters shoreward of the EEZ boundary around 
American Samoa, Guam, Hawaii, the Northern Mariana Islands, Midway, 
Johnston and Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, and 
Howland Islands) and the adjacent high seas waters.
    Western Pacific Pelagic fisheries are managed under regulations 
implementing the FMP for the Pelagic Fisheries of the Western Pacific 
Region developed by the Western Pacific Fishery Management Council 
(WPFMC). The MSA regulations (50 CFR part 665, subpart C) address 
target fish species as well as bycatch of species protected under the 
ESA, MMPA, and Migratory Bird Treaty Act. The MSA regulations outline 
restrictions on effort, observer coverage requirements, longline 
fishing prohibited areas, sea turtle and seabird bycatch mitigation 
measures, annual fleetwide limits on interactions with leatherback and 
loggerhead sea turtles, and a requirement for owners of longline 
vessels to participate in annual protected species workshops. Drift 
gillnet fishing in the fishery management area is prohibited, except 
where authorized by an experimental fishery permit.
    The high seas components of the Western Pacific Pelagic longline 
fishery are extensions of the Category I ``HI deep-set (tuna target) 
longline/set line fishery'' and the Category II ``HI shallow-set 
(swordfish target) longline/set line fishery'' (proposed to be split 
into two fisheries from the ``HI swordfish, tuna, billfish, mahi mahi, 
wahoo, oceanic sharks longline/set line fishery'' in this proposed 
rule) operating within U.S. waters. All requirements for vessels 
fishing longline gear within U.S. waters remain effective in high seas 
waters (as described in the above paragraph).
    For more information on the Western Pacific Pelagic fisheries and 
details on the management and regulations of these fisheries, please 
see the Western Pacific Pelagic FMP BiOp (https://www.fpir.noaa.gov/
Library/PUBDOCs/), the Western Pacific Pelagic FMP Environmental Impact 
Statement (EIS) (https://www.fpir.noaa.gov/Library/PUBDOCs/), and the 
regulations for Western Pacific Pelagic fisheries in 50 CFR 665, 
Subpart C.

High Seas South Pacific Albacore Troll Fisheries

    The South Pacific albacore troll high seas fisheries target South 
Pacific albacore using mostly longline or troll gear in waters solely 
outside of any nation's EEZ. Longline gear, set with 1,000 or more 
hooks suspended from a horizontally buoyed mainline several miles long, 
accounts for 86 percent of the catch. Trolling vessels (including jigs 
or live bait) attach 10-20 fishing lines of various lengths to the 
vessel's outriggers on a slow-moving boat (5-6 knots). The total U.S. 
catch of South Pacific albacore has accounted for less than 5 percent 
of the total international catch in recent years.
    U.S. vessels fish in the South Pacific albacore fishery from 
November/December-April. Many vessels then participate in the larger 
North Pacific albacore fishery from April-October. South Pacific 
albacore fishing occurs outside any nation's EEZ in an area bounded by 
approximately 110[deg] W. long. and 180[deg] W. long., and by 25[deg] 
S. lat. and 45[deg] S. lat. Most U.S. troll vessels depart from the 
U.S. West Coast or Hawaii and unload in American Samoa, Fiji, or 
Tahiti.
    The South Pacific albacore troll fishery is not managed by 
regulations implementing any FMP. The WPFMC has concluded, and NMFS 
agrees, that conservation and management measures for this fishery are 
not warranted as the stock in not overfished and there are no known 
protected species interactions. Sea turtles and marine mammals do not 
prey on the bait species used by these vessels and vessels are 
typically slow-moving and would therefore likely able to avoid a 
collision with a whale. As of 2001, the HSFCA requires U.S. albacore 
troll vessel operators to file logbooks with NMFS for fishing in the 
South Pacific.
    For more information on the South Pacific albacore troll fishery, 
please see the 2004 U.S. South Pacific albacore troll fishery 
Environmental Assessment (EA) (https://www.fpir.noaa.gov/Library/
PUBDOCs/). There are no regulations governing these fisheries.

High Seas South Pacific Tuna Fisheries

    The South Pacific Tuna Treaty (SPTT) manages access of U.S. purse 
seine vessels targeting tuna (skipjack and yellowfin) within the EEZs 
of 16 Pacific Island Countries in the Western and Central Pacific Ocean 
that are party to the Treaty. The SPTT Area includes the waters from 
north of 60[deg] S. lat. and east of 90[deg] E. long. subject to the 
fishing jurisdiction of Pacific Island parties, and all waters within 
rhumb lines connecting multiple geographic coordinates, and north along 
the 152[deg] E. long. out to Australia's EEZ border. The Treaty Area 
includes portions of waters in the EEZs of most of the Pacific Island 
Countries included in the Treaty. The SPTT is intended to apply only to 
U.S. purse seine vessels; however, provisions have been made to 
accommodate high seas fishing by U.S. albacore tuna troll and U.S. 
longline vessels within the Treaty Area. Both a SPTT and a HSFCA permit 
are required to fish in SPTT waters.

[[Page 33767]]

    Under the SPTT, observers are recruited from the Pacific Island 
Countries and then trained and deployed by the Forum Fisheries Agency 
(FFA) in Honiara in the Solomon Islands. Many of the FFA deployed 
observers serve in and have experience from domestic observer programs 
active in each observer's respective country. The target observer level 
coverage is 20 percent of U.S. purse seine vessels, the full costs of 
which are the responsibility of the U.S. purse seine vessel owners. 
Observers collect a range of data, including a form for recording 
information on interactions with seabirds, sea turtles, marine mammals, 
and sharks. Fishery observers undergo training in species 
identification for target and bycatch species; however, marine mammal 
species identification has only recently been placed as a priority 
matter for reporting. Observer data from January 1997-June 2002 show 
that 11 sets resulted in interactions with marine mammals. However, the 
data indicate only that the animals were ``unidentified whales, marine 
mammals, or dolphin/porpoise.'' The International Fisheries Division in 
the NMFS Pacific Islands Region is working with the FFA observer 
program to better train observers in marine mammal identification.
    For additional information on the South Pacific Tuna Treaty and 
details on the management and regulations of these fisheries, see the 
South Pacific Tuna Treaty EA (https://www.fpir.noaa.gov/Library/PUBDOCs/
) and the regulations for the South Pacific Tuna Treaty in 50 CFR 300, 
subpart D.

High Seas Antarctic Living Marine Resources Fisheries

    The Commission for the Conservation of Antarctic Marine Living 
Resources (Convention or CCAMLR) conserves and manages Antarctic marine 
living resources (AMLR) in waters surrounding Antarctica. The 
Convention applies to AMLR in the waters from 60[deg] S. lat. south to 
the Antarctic Convergence, with limited exceptions, covering 32.9 
million square kilometers. Both an AMLR and a HSFCA permit are required 
to fish in CCAMLR waters. There are multiple gear types used to target 
multiple species in the Convention Area. Gear types include pelagic and 
bottom trawl, trap/pot, gillnet, and longline. Target species include 
krill and Antarctic finfish (rockcod species, toothfish species, 
icefish species, silverfish, cod, and lanternfish), mollusks, and 
crustaceans. CCAMLR Conservation Measures require or recommend several 
measures for fisheries in the Convention area. Mandatory measures 
include requirements for reporting; operating a Vessel Monitoring 
System while in the Convention area; longline gear modifications to 
reduce seabird interactions; mesh sizes restrictions for trawl gear. 
Recommendations include seal bycatch mitigation measures, such as a 
seal excluder device.
    CCAMLR has identified two types of scientifically trained observers 
to collect information required in CCAMLR-managed fisheries, including 
information on entanglements and incidental mortality of seabirds and 
marine mammals. The first type of observer is a ``national 
observer,such as a U.S. observer placed on a U.S. vessel by 
the U.S. Government. The second type of observer is an ``international 
observer,'' or an observer operating in accordance with bilateral 
arrangements between the Nation whose vessel is fishing and the nation 
providing the observer. CCAMLR Conservation measures require all 
fishing vessels in the Convention area (except vessels fishing for 
krill) to carry at least one international observer and, where 
possible, an additional observer. The United States requires all of its 
vessels fishing in the CCAMLR area, for any target species and with any 
gear, to carry an observer. In certain exploratory toothfish fisheries, 
the vessel must carry two observers, with at least one being an 
international observer.
    For additional information on the fishing activities in the CCAMLR 
region and details on the management and regulations of these 
fisheries, see the CCAMLR Programmatic EIS https://www.nmfs.noaa.gov/
sfa/domes_fish/news_of_note.htmccamlr), the CCAMLR Schedule 
of Conservation Measures in Force (https://www.ccamlr.org), and the 
regulations for the harvesting of AMLR in 50 CFR 300, subpart D.

CA spot prawn pot

    The ``CA spot prawn pot fishery'' (proposed to be listed as a 
Category II in this rule) operates from Central CA southward to the 
Mexican border. Strings of 10-50 oblong cylindrical traps are commonly 
fished at depths usually greater than 100 fathoms. This is a limited 
access fishery managed by the state of CA. A tiered permit system has 
been implemented allowing a maximum of 150 or 500 traps to be fished at 
one time depending on the fishing history associated with the permit. A 
maximum of 300 traps may be located within state waters (inside 3 
miles), regardless of permit tier. North of Point Arguello, the season 
is open from August 1-April 30. South of Point Arguello, the season 
runs from February 1-October 30.

CA Dungeness crab pot

    The ``CA Dungeness crab pot fishery'' (proposed to be listed as a 
Category II in this rule) operates along the central and northern 
coastal waters of CA in depths typically from 10-40 fathoms. The 
cylindrical or rectangular pots used in the fishery are buoyed, or 
fished, individually, although fishing strings of multiple traps are 
allowed in the central region. There is no limit on the number of traps 
which may operated by a fisherman at one time. This is a limited access 
fishery managed in part by the State of California and the Tri-State 
Committee agreement for Dungeness crab, which also includes the states 
of OR and WA. The fishery is divided into two management areas. The 
central region (south of the Mendocino-Sonoma county line) is open 
November 15-June 30. The northern region (north of the Mendocino-Sonoma 
county line) can open on December 1, but may be delayed by the 
California Department of Fish and Game (CDFG) based on the condition of 
market crabs, and continues until July 15.

OR Dungeness crab pot

    The ``OR Dungeness crab pot fishery'' (proposed to be listed as a 
Category II in this rule) operates along the coastal waters of OR in 
depths typically from 10-40 fathoms. This is a limited access fishery 
managed by the OR Department of Fish and Wildlife (ODFW) in conjunction 
with the Tri-State Committee agreement for Dungeness crab, which also 
includes the states of CA and WA. The Dungeness crab season runs from 
December 1-August 14, although the state may delay the opening based on 
the condition of the crabs. Additionally, the state may close the 
season after the end of May if catch rates are still high to protect 
molting crab. A three-tiered pot limitation system has been implemented 
allowing a maximum 200, 300, or 500 pots to be fished at once depending 
on previous landing history. Logbook reporting of effort and catch data 
to the state is now required. The cylindrical or rectangular pots used 
in the fishery are fished individually by law.

WA/OR/CA sablefish pot

    The ``CA/OR/WA sablefish pot fishery'' (proposed to be listed as a 
Category II in this rule) sets gear in waters past the 100 fathom curve 
off the West coast of the U.S. In CA, gear is set outside 150 fathoms, 
with an average depth of 190 fathoms. There are two separate trap 
fisheries, open access and

[[Page 33768]]

limited entry, and both have quotas. Open access fishers will usually 
fish 1 to 8 strings of 3-4 pots, each with a float line and buoy stick. 
The gear sometimes soaks for long periods. Fishers in the limited entry 
fishery will normally fish 20-30 pot strings. The fishery operates year 
round and effort varies from southern CA to the Canadian border.
    This fishery is managed under regulations implementing the West 
Coast Groundfish FMP developed by Pacific Fishery Management Council. 
Access to the limited entry fishery is granted under a limited entry 
permit system, in addition to gear endorsements required by the 
individual states. Open access privileges are currently available to 
any fisherman with the requisite state gear endorsement, but involve 
much more restrictive limitations in catch quotas and additional area 
closures than the primary limited entry permit. Open access quotas vary 
based upon the area being fished. The limited entry fishery is open 
from April 1-October 31, while open access is available year-round. 
Limited entry permits are tiered based on the annual cumulative 
landings allowed by each permit. Permits are transferable, but the tier 
category remains fixed. Up to three limited entry permits may be 
stacked on a single vessel. As with most pot gear fished out in deeper 
waters, sablefish traps are set in strings of multiple traps.

Summary of Changes to the LOF for 2009

    The following summarizes changes to the LOF for 2009 in fishery 
classification, fisheries listed in 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 
classifications and definitions of U.S. commercial fisheries for 2009 
are identical to those provided in the LOF for 2008 with the proposed 
changes discussed below. State abbreviations used in the following 
paragraphs include: AK (Alaska), AL (Alabama), CA (California), DE 
(Delaware), 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).

Commercial Fisheries on the High Seas

    NMFS proposes to add high seas fisheries to the LOF, beginning with 
the 2009 LOF. NMFS is soliciting public comments on the proposed 
process for including high seas fisheries on the LOF (presented in the 
preamble under the section ``Are high seas fisheries included on the 
LOF?''), the fishery descriptions for the authorized high seas 
fisheries (presented in the preamble under the section ``Fishery 
descriptions''), and the proposed fishery additions described below.
Addition of Fisheries to the LOF

High Seas Atlantic Highly Migratory Species Fisheries

    NMFS proposes to add the U.S.-authorized high seas Atlantic HMS 
fisheries to the LOF. The Atlantic HMS high seas fisheries include all 
fisheries using multiple gear types to target Atlantic HMS (described 
in the ``Fishery Descriptions'' section in the preamble of this 
proposed rule). Due to the lack of specific information on marine 
mammal abundance and marine mammal-fishery interactions on the high 
seas, NMFS proposes to categorize all fisheries targeting Atlantic HMS 
on the high seas with gear other than longline and purse seine (e.g., 
gillnet, trawl, handline, and troll gear) as Category II. Category II 
is the appropriate classification for new fisheries on the LOF for 
which there is little information on which to base classification. NMFS 
proposes to categorize the longline component of this fishery as a 
Category I because it is an extension of the Category I ``Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagics longline'' fishery 
operating within U.S. waters. The gear used, fishing methods, and 
target species are the same, and longline vessels targeting Atlantic 
HMS regularly cross into the high seas, and back, when fishing. NMFS 
proposes to categorize the purse seine component of this fishery as a 
Category III because it is an extension of the Category III ``U.S. 
Atlantic tuna purse seine fishery'' operating within U.S. waters. There 
are 88 valid HSFCA permits for fishers targeting Atlantic HMS on the 
high seas with all gear types. As noted in the preamble, the number of 
valid permits may not accurately account for annual fishing effort on 
the high seas. Please see the discussion on the HSFCA permitting 
process under the section ``Are high seas fisheries included on the 
LOF?'' in the preamble of this proposed rule for additional details.
    Many marine mammal species interacting with Atlantic HMS fisheries 
operating in U.S. waters also inhabit the high seas. Observer coverage 
for the Category I pelagic longline fishery extends into the high seas, 
so information is available on which marine mammal stocks are 
incidentally taken by this fishery on the high seas. For this reason, 
NMFS proposes to list the marine mammal species that have been 
documented killed or injured in the Category I high seas longline 
component of Atlantic HMS fisheries in Table 3.
    Similar observer data are not available for the high seas Atlantic 
HMS drift gillnet fishery, which is an extension of the Category II 
``Southeastern U.S. Atlantic shark gillnet fishery''; or the purse 
seine fishery, which is an extension of the Category III ``Atlantic 
tuna purse seine fishery.'' For those fisheries where no interaction 
data (observer or other data) exist on the high seas, NMFS proposes to 
list all the non-coastal marine mammal species/stocks killed or injured 
in the portion of the fishery that operates in U.S. waters as injured 
or killed in the same fishery operating on the high seas in Table 3. 
Specifically, NMFS proposes to add all non-coastal marine mammal 
species killed or injured in the Category II ``Southeastern U.S. 
Atlantic shark gillnet fishery'' (operating within U.S. waters) as 
injured or killed in the Category II drift gillnet component of the 
Atlantic HMS fisheries (operating on the high seas). Also, NMFS 
proposes to list all non-coastal marine mammal species killed or 
injured in the Category III purse seine component of the Atlantic HMS 
fisheries (operating within U.S. waters) as injured or killed in the 
Category III ``Atlantic tuna purse seine fishery'' (operating on the 
high seas).
    There is little information on interactions between marine mammals 
and fishing gear used to target Atlantic HMS on the high seas, other 
than that listed in the previous paragraphs. Given the lack of data on 
marine mammal abundance and interactions with high seas Atlantic HMS 
fisheries (excluding the longline, drift gillnet, and purse seine 
components), NMFS proposes to list the marine mammal species killed or 
injured in these fisheries as ``undetermined'' in Table 3.

High Seas Pacific Highly Migratory Species Fisheries

    NMFS proposes to add the U.S.-authorized high seas Pacific HMS 
fisheries to the LOF. The Pacific HMS fisheries include all fisheries 
using multiple gear types to target Pacific HMS (described in the 
``Fishery Descriptions'' section in the preamble of this proposed 
rule). Due to the lack of specific information on marine mammal 
abundance and interactions with Pacific HMS high seas fisheries, NMFS 
proposes to categorize all fisheries targeting Pacific HMS on the high 
seas with gear other than drift gillnet and

[[Page 33769]]

troll (e.g., longline, gillnet, trawl, purse seine, and handline gear) 
as Category II. Category II is the appropriate classification for new 
fisheries on the LOF for which there is little information on which to 
base classification as described in the definition for ``Category II'' 
in 50 CFR 229.2. NMFS proposes to categorize the drift gillnet 
component of this fishery as a Category I because it is an extension of 
the Category I ``CA/OR thresher shark/swordfish drift gillnet 
([gteqt]14 in. mesh) fishery'' operating within U.S. waters. The gear 
used, fishing methods, and target species are the same in U.S. waters 
and on the high seas. Similarly, NMFS proposes to categorize the troll 
component of this fishery as a Category III because it is an extension 
of the Category III ``AK North Pacific halibut, AK bottom fish, WA/OR/
CA albacore, groundfish, bottom fish, CA halibut non-salmonid troll 
fisheries'' operating within U.S. waters.
    There are 344 valid HSFCA permits for fishers targeting Pacific HMS 
on the high seas using all gear types. As noted in the preamble, the 
number of valid permits may not accurately account for annual fishing 
effort on the high seas. Please see the discussion on the HSFCA 
permitting process under the section ``Are high seas fisheries included 
on the LOF?'' in the preamble of this proposed rule for additional 
details.
    Many marine mammal species interacting with Pacific HMS fisheries 
operating in U.S. waters also inhabit the high seas. Thus, fishing 
vessels that cross into the high seas are also likely to interact with 
these marine mammals once they cross into the high seas. For those 
fisheries where no interaction data (observer or other data) exist on 
the high seas, NMFS proposes to list all the non-coastal marine mammal 
species/stocks killed or injured in the portion of the fishery that 
operates in U.S. waters as injured or killed in the same fishery 
operating on the high seas in Table 3.
    NMFS proposes to add all non-coastal marine mammal species killed 
or injured in the Category I ``CA/OR thresher shark/swordfish drift 
gillnet (>14 in mesh) fishery'' (operating within U.S. waters) as 
injured or killed in the associated drift gillnet component of Pacific 
HMS fisheries (operating on the high seas).
    NMFS proposes to add all non-coastal marine mammal species killed 
or injured in the Category II ``CA tuna purse seine fishery'' 
(operating within U.S. waters) as injured or killed in the associated 
purse seine component of the Pacific HMS fisheries (operating on the 
high seas).
    NMFS proposes to list all marine mammal species killed or injured 
in the Category II ``CA pelagic longline fishery'' as injured or killed 
in the associated longline component of the Pacific HMS fisheries 
(operating on the high seas). This fishery is currently prohibited 
within U.S. waters, but remains listed on Table 1 because catch is 
landed on the U.S. West coast. Therefore, the marine mammal species 
listed as killed or injured in this fishery were observed taken on the 
high seas.
    There is little information on interactions between marine mammals 
and fishing gear used to target Pacific HMS on the high seas, other 
than that listed in the previous paragraphs. Given the lack of data on 
marine mammal abundance and interactions with high seas Pacific HMS 
fisheries (excluding the longline, drift gillnet, and purse seine 
components), NMFS proposes to list the marine mammal species killed or 
injured in these fisheries as ``undetermined'' in Table 3.

High Seas Western Pacific Pelagic Fisheries

    NMFS proposes to add the U.S.-authorized high seas Western Pacific 
pelagic fisheries to the LOF. The Western Pacific pelagic fisheries 
include all fisheries using multiple gear types to target Western 
Pacific pelagic species (described in the ``Fishery Descriptions'' 
section in the preamble of this proposed rule). Due to the lack of 
specific information on marine mammal abundance and interactions with 
fisheries on the high seas, NMFS proposes to categorize all fisheries 
targeting Western Pacific