List of Fisheries for 2011, 36318-36345 [2010-15318]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36318-36345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15318]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 100216088-0093-01]
RIN 0648-AY69


List of Fisheries for 2011

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

ACTION: Proposed rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2011, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2011 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must classify 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 classification 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 24, 2010.

ADDRESSES: Send comments by any one 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 e-mail to David_Rostker@omb.eop.gov.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. 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 (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). 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, 978-281-9280; 
Laura Engleby, Southeast Region, 727-551-5791; 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

[[Page 36319]]

procedures, may be obtained at: https://www.nmfs.noaa.gov/pr/interactions/lof/ or from any NMFS Regional Office at the addresses 
listed below:
    NMFS, Northeast Region, 55 Great Republic Drive, Gloucester, MA 
01930-2298, Attn: Marcia Hobbs;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Laura Engleby;
    NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, Attn: Charles Villafana;
    NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115, 
Attn: Protected Resources Division;
    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 classification of a fishery on 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 (i.e., frequent incidental mortality and serious injuries of 
marine mammals).
    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 (i.e., occasional incidental mortality and serious 
injuries of marine mammals).
    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 (i.e., a remote likelihood or no known incidental mortality and 
serious injuries of marine mammals).
    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).
    Because fisheries are classified 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 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II).

Other Criteria That May Be Considered

    In the absence of reliable information indicating the frequency of 
incidental mortality and serious injury of marine mammals by a 
commercial fishery, NMFS will determine whether the incidental serious 
injury or mortality is ``frequent,'' ``occasional,'' or ``remote'' 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). 
Further, eligible commercial fisheries not specifically identified on 
the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

How does NMFS determine which species or stocks are included as 
incidentally killed or injured in a fishery?

    The LOF includes a list of marine mammal species or stocks 
incidentally killed or injured in each commercial fishery. To determine 
which species or stocks are included as incidentally killed or 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 interaction with 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 
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 (FMP) or 
a take reduction plan (TRP)). NMFS will provide case-specific 
justification in the LOF for changes to the list of species or stocks 
incidentally killed or injured.

[[Page 36320]]

How does NMFS determine the levels of observer coverage in a fishery on 
the LOF?

    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 Resources Web site 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 Web site: 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; and 
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?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. 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). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries 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. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates 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 fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding these permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time FMPs can 
change. Therefore, some vessels/participants may possess valid HSFCA 
permits without the ability to fish under the permit because it was 
issued for a gear type that is no longer authorized under the most 
current FMP. For this reason, the number of HSFCA permits displayed in 
Table 3 is likely higher than the actual U.S. fishing effort on the 
high seas. For more information on how NMFS classifies high seas 
fisheries on the LOF, see the preamble text in the final 2009 LOF (73 
FR 73032; December 1, 2008).

Where can I find specific information on fisheries listed on the LOF?

    NMFS developed summary documents for each Category I and II fishery 
on the LOF. These summaries include the full history of each Category I 
and II fishery, including: When the fishery was added to the LOF, the 
basis for the fishery's initial classification, classification changes 
to the fishery, changes to the list of species or stocks incidentally 
killed or injured in the fishery, fishery gear and methods used, 
observer coverage levels, regulations managing the fishery, applicable 
take reduction teams or plans, if any. These summaries are updated 
after each final LOF. The summaries can be found under ``How Do I Find 
Out if a Specific Fishery is in Category I, II, or III?'' on the NMFS 
Office of Protected Resources Web site: https://www.nmfs.noaa.gov/pr/interactions/lof/.

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 non-endangered and non-threatened marine 
mammals 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 Category I and II 
fisheries on the LOF. Participants in these fisheries are automatically 
registered under the MMAP and are not required to submit registration 
or renewal materials directly under the MMAP. In the Pacific Islands, 
Southwest, Northwest, and Alaska regions, NMFS will issue vessel or 
gear owners an authorization certificate; in the Northeast and 
Southeast Regions, NMFS will issue vessel or gear owners notification 
of registry and directions on obtaining 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)). 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 that participate in Pacific Islands, 
Southwest, Northwest, or Alaska regional fisheries will receive their

[[Page 36321]]

authorization certificates and/or injury/mortality reporting forms via 
U.S. mail, or with their State or Federal license at the time of 
renewal. Vessel or gear owners participating in the Northeast and 
Southeast Regional Integrated Registration Program will receive their 
authorization certificates and/or injury/mortality reporting forms 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/mmap/certificate.html) and following the 
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 will 
receive notice of registry and may receive their authorization 
certificate and/or injury/mortality reporting form by contacting the 
Southeast Regional Office at 727-551-5758 or by visiting the Southeast 
Regional Office Web site (https://sero.nmfs.noaa.gov/pr/pr.htm) and 
following the instructions for printing the necessary documents.

How do I renew my registration under the MMPA?

    The registrations of vessel or gear owners that participate in 
Pacific Islands, Southwest, or Alaska regional fisheries are 
automatically renewed and participants should receive an authorization 
certificate by January 1 of each new year. Vessel or gear owners in 
Northwest regional 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 an authorization certificate 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 fishery listed on the LOF 
must report to NMFS all incidental injuries and mortalities of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II or III) within 48 
hours of the end of the fishing trip. ``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?

    Individuals participating in a Category I or II fishery are 
required to accommodate an observer aboard their vessel(s) upon request 
from NMFS. MMPA section 118 states that an observer will not be placed 
on a vessel if the facilities for quartering an observer or performing 
observer functions are inadequate or unsafe, thereby exempting vessels 
too small to accommodate an observer from this requirement. However, 
observer requirements will not be exempted, regardless of vessel size, 
for U.S. Atlantic Ocean, Caribbean, and Gulf of Mexico large pelagic 
longline vessels operating in special areas designated by the Pelagic 
Longline Take Reduction Plan implementing regulations (50 CFR 
229.36(d)). Observer requirements can be found in 50 CFR 229.7.

Am I required to comply with any take reduction plan regulations?

    Table 4 in this proposed rule provides a list of fisheries affected 
by take reduction teams and plans. Take reduction plan regulations can 
be found at 50 CFR 229.30 through 229.36.

Sources of Information Reviewed for the Proposed 2011 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. 
The 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 marine mammal population status, trends, and 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, FMPs, and ESA documents.
    The proposed LOF for 2011 was based, among other things, on 
information provided in the NEPA and ESA documents analyzing authorized 
high seas fisheries, the final SARs for 1996 (63 FR 60, January 2, 
1998), 2001 (67 FR 10671, March 8, 2002), 2002 (68 FR 17920, April 14, 
2003), 2003 (69 FR 54262, September 8, 2004), 2004 (70 FR 35397, June 
20, 2005), 2005 (71 FR 26340, May 4, 2006), 2006 (72 FR 12774, March 
19, 2007), 2007 (73 FR 21111, April 18, 2008), 2008 (74 FR 19530, April 
29, 2009), 2009 (75 FR 12498, March 16, 2010), and the draft SARs for 
2010 (which will be available for review and comment later during the 
public comment period for this proposed 2011 LOF). The SARs are 
available at: https://www.nmfs.noaa.gov/pr/sars/.

Fishery Descriptions

    Beginning with the final 2008 LOF (72 FR 66048, November 27, 2007), 
NMFS describes each Category I and II fishery on the LOF. Below, NMFS 
describes the fisheries classified as Category I or II on the 2011 LOF 
that were not classified as such on a previous LOF (and therefore have 
not yet been defined on the LOF). Additional details for Category I and 
II fisheries operating in U.S. waters are included in the SARs, FMPs, 
and TRPs, through state agencies, or through the fishery summaries 
available at: https://www.nmfs.noaa.gov/pr/

[[Page 36322]]

interactions/lof/. Additional details for Category I and II fisheries 
operating on the high seas are included in various FMPs, NEPA, or ESA 
documents.

WA Coastal Dungeness Crab Pot/Trap Fishery

    Washington's coastal commercial crab grounds extend from the 
Columbia River estuary to Cape Flattery, including Grays Harbor and 
Willapa Bay. The coastal crab fishery is a limited entry fishery with 
228 license holders, of which approximately 200 are active annually. 
Each coastal crab license is assigned a maximum pot limit of either 300 
or 500 pots. Pots are fished individually and must be marked with an 
identification number. Surface marker buoys must also be tagged for 
identification. The fishery opens on or about December 1 when the 
majority of male crabs have recovered from the fall molt and shell 
condition has hardened. The season runs through September 15. In 1997 
Congress granted Washington, Oregon and California jurisdiction to 
manage Dungeness crab fisheries outside of state waters to the 200 mile 
limit of the U.S. EEZ. Under Washington State regulations, pots can be 
no larger than 13 cubic feet and must be equipped with specified escape 
rings for undersize crab and a biodegradable release mechanism to allow 
crabs to escape from pots that become separated from the buoy or have 
otherwise become lost. There is a summer FMP, which is part of the 
larger Washington Coastal Dungeness Crab FMP, in place to protect crabs 
that enter the molt prior to the September 15 season ending date. This 
summer FMP allows for in-season closures of the fishery if the 
percentage of early molting crab reaches a certain level.

Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl Fishery

    The ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl'' 
fishery (proposed to be elevated to Category II in this proposed rule) 
is a pelagic or bottom trawl fishery operating virtually year-round in 
the Atlantic Ocean from North Carolina through Florida, and in the Gulf 
of Mexico from Florida through Texas. Effort occurs in estuarine, near 
shore coastal waters, and along the continental slope of the Atlantic 
and estuarine, near shore coastal, and offshore continental shelf and 
slope waters in the Gulf of Mexico. The fishery targets brown, pink and 
white shrimp within estuaries, and near coastal and offshore regions; 
and targets Royal Red shrimp along the deep continental slope. 
Commercial shrimp vessels most commonly employ a double-rig otter 
trawl, which normally includes a lazy line attached to each bag's 
codend. The lazy line floats free during active trawling, and as the 
net is hauled back, it is retrieved with a boat- or grappling-hook to 
assist in guiding and emptying the trawl nets. Shrimp trawl soak time 
is about three hours; the fishery typically operates from sunset to 
sunrise when shrimp are most likely to swim higher in the water column. 
Although shrimp trawlers are required under ESA regulations to use 
turtle excluder devices to reduce sea turtle bycatch (50 CFR 223.206), 
the fishery currently does not use any method or gear modification to 
deter, or reduce bycatch of, marine mammals. 2009 data indicate there 
are approximately 4,950 shrimp trawl vessels operating in the Southeast 
Atlantic and Gulf of Mexico with an estimated 76,884 vessel trips.

Summary of Changes to the LOF for 2011

    The following summarizes changes to the LOF for 2011 in fishery 
classification, fisheries listed in the LOF, the estimated number of 
vessels/participants in a particular fishery, and the species/stocks 
that are incidentally killed or injured in a particular fishery. The 
classifications and definitions of U.S. commercial fisheries for 2011 
are identical to those provided in the LOF for 2010 with the proposed 
changes discussed below. State and regional abbreviations used in the 
following paragraphs include: AK (Alaska), CA (California), FL 
(Florida), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), MD 
(Maryland), ME (Maine), NC (North Carolina), NJ (New Jersey), NY (New 
York), OR (Oregon), SC (South Carolina), VA (Virginia), WA 
(Washington), and WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Fishery Classification

WA Coastal Dungeness Crab Pot/Trap Fishery

    NMFS proposes to elevate the ``WA coastal Dungeness crab pot/trap'' 
fishery (proposed to be split from the Category III ``WA Dungeness crab 
pot'' fishery and renamed the ``WA coastal Dungeness crab pot/trap'' 
fishery in this proposed rule) from Category III to Category II based 
on the serious injury of a humpback whale (CA/OR/WA stock) entangled in 
Dungeness crab pot/trap gear in WA state waters in 2008 (draft 2010 
SAR). The estimated annual mortality and serious injury of humpback 
whales (CA/OR/WA stock) due to interactions with all fisheries (Tier 1 
analysis) is approximately 3.6 animals/year, which exceeds 10 percent 
of the stock's PBR level of 11.3 (draft 2010 SAR). The single serious 
injury in the ``WA coastal Dungeness crab pot/trap'' fishery in 2008 
(Tier 2 analysis) results in an average mortality and serious injury 
rate of 0.2 humpback whales per year (when averaged over the latest 
five year data period), or 1.7 percent of PBR, meeting the criteria for 
a Category II classification. There have been no reported humpback 
whale entanglements in crab fisheries in the inland waters of WA. There 
is no observer coverage in this fishery.

CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery

    NMFS proposes to reclassify the ``CA/OR thresher shark/swordfish 
drift gillnet'' fishery from Category I to Category III. NMFS observed 
this fishery from 2004 through 2008 at coverage levels ranging from 
13.5 percent to 20.9 percent. There have been no observed serious 
injury or mortality of any marine mammal stock for which the average 
total fishery mortality and serious injury exceeds 10 percent of the 
stock's PBR (draft 2010 SARs). This fishery was classified as Category 
I based on the level of serious injury and mortality of short-finned 
pilot whales (CA/OR/WA stock) in this fishery exceeding the stock's PBR 
level. However, a short-finned pilot whale has not been observed killed 
or injured in this fishery in the most recent five years of data (2004-
2008), indicating that the serious injury or mortality of short-finned 
pilot whales is now zero (draft 2010 SAR). NMFS will continue to 
observe this fishery under authority of the Highly Migratory Species 
FMP (50 CFR 660.719) and monitor levels of marine mammal mortality and 
serious injury in this fishery. Further, all Pacific Offshore Cetacean 
Take Reduction Plan measures (50 CFR 229.31) continue to apply to this 
fishery.

CA Anchovy, Mackerel, Sardine Purse Seine Fishery

    NMFS proposes to reclassify the ``CA anchovy, mackerel, sardine 
purse seine'' fishery from Category II to Category III. This fishery 
was classified as Category II based on the serious injury or mortality 
of bottlenose dolphins (CA/OR/WA offshore stock) reported in logbooks 
from the early 1990s. Since that time there have been no reports of 
interactions with bottlenose dolphins, and there is no other available 
information to suggest that this fishery is causing serious injury or 
mortality of bottlenose dolphins. The serious injury or mortality 
caused by this fishery to

[[Page 36323]]

other marine mammal stocks is less than 1 percent of each stock's PBR 
(draft 2010 SAR), thus NMFS is proposing that this fishery be placed in 
Category III. Observer coverage in this fishery has been limited, with 
observer coverage in 2008 at less than 1 percent.

CA Squid Purse Seine Fishery

    NMFS proposes to reclassify the ``CA squid purse seine'' fishery 
from Category II to Category III. This fishery was classified as 
Category II due to the serious injury or mortality of long-beaked 
common dolphins (CA stock). The draft 2010 SAR for long-beaked common 
dolphin (CA stock) indicates that the average total fishery mortality 
and serious injury for this stock is below 10 percent of its PBR (Tier 
1 analysis) and is considered insignificant and approaching a zero 
mortality and serious injury rate, meeting the criteria for a Category 
III classification. Long-beaked common dolphins and short-beaked common 
dolphins are the only marine mammals that have been observed seriously 
injured or killed in this fishery. Observer coverage is this fishery is 
low, at less than 2 percent from 2004-2007.

CA Tuna Purse Seine Fishery

    NMFS proposes to reclassify the ``CA tuna purse seine'' fishery 
from Category II to Category III. The ``CA tuna purse seine'' fishery 
was classified as Category II by analogy to the Category II ``CA squid 
purse seine'' fishery. Since NMFS is proposing to reclassify the ``CA 
squid purse seine'' fishery to Category III in this proposed rule, NMFS 
also proposes to reclassify the ``CA tuna purse seine'' fishery. 
Observer coverage in this fishery is low, at less than 2 percent from 
2004-2007.

Addition of Fisheries

    NMFS proposes to add the ``HI kaka line'' fishery to the LOF as 
Category III. This fishery is managed by the State of HI, and includes 
fishing effort with gear consisting of a mainline less than one 
nautical mile in length to which multiple branchlines with baited hooks 
are attached. The mainline is set horizontally. Target species include 
various nearshore and pelagic species. While this fishery has gear that 
may be analogous to the Category II ``HI shortline'' fishery, the gear 
is fixed on or near the bottom, or in shallow midwater. There are no 
known incidental mortalities or serious injuries of marine mammals in 
this fishery, and there is a remote likelihood of marine mammal 
interactions, warranting a Category III classification. This fishery is 
not currently observed.
    NMFS proposes to add the ``HI vertical longline'' fishery to the 
LOF as Category III. This fishery is managed by the State of HI. The 
fishery is prosecuted using a vertical mainline less than one nautical 
mile in length, suspended from the surface with a float, from which 
leaders with baited hooks are attached, and ending with a terminal 
weight. Target species include various pelagic fish species. There are 
no known incidental mortalities or serious injuries of marine mammals 
in this fishery, and there is a remote likelihood of marine mammal 
interactions, warranting a Category III classification. In 2009, there 
were 18 state licensees landing catches in this fishery. This fishery 
is not currently observed.
    NMFS proposes to add the ``HI crab net'' fishery to the LOF as 
Category III. This fishery is managed by the State of HI. This fishery 
is prosecuted using ring nets set manually from the shoreline, mainly 
in estuarine areas, to catch various crab species. The nets are used 
singly, and are not connected with a ground line. There are no known 
incidental mortalities or serious injuries of marine mammals in this 
fishery, and there is a remote likelihood of marine mammal 
interactions, warranting a Category III classification. In 2009, there 
were 8 state licensees landing catches in this fishery. This fishery is 
not currently observed.
    NMFS proposes to add the ``HI hukilau net'' fishery to the LOF as 
Category III. This is a beach seine fishery managed by the State of HI. 
Target species include inshore and reef fish. There are no known 
incidental mortalities or serious injuries of marine mammals in this 
fishery, and there is a remote likelihood of marine mammal 
interactions, warranting a Category III classification. In 2009, there 
were 36 state licensees landing catches in this fishery. This fishery 
is not currently observed.
    NMFS proposes to add the ``HI lobster tangle net'' fishery to the 
LOF as Category III. This fishery is managed by the State of HI. This 
fishery is prosecuted using large mesh net to entangle spiny and 
slipper lobsters. There are no known incidental mortalities or serious 
injuries of marine mammals in this fishery, and there is a remote 
likelihood of marine mammal interactions, warranting a Category III 
classification. In 2009, there were 2 state licensees landing catches 
in this fishery. This fishery is not currently observed.
    NMFS proposes to add the ``HI bullpen trap'' fishery to the LOF as 
Category III. This fishery is managed by the State of HI, and includes 
fishing with a net(s) fixed in position to form a large stationary 
enclosure. There are no known incidental mortalities or serious 
injuries of marine mammals in this fishery, and there is a remote 
likelihood of marine mammal interactions, warranting a Category III 
classification. In 2009, there were 4 state licensees landing catches 
in this fishery. This fishery is not currently observed.
    NMFS proposes to add the ``WA Puget Sound Dungeness crab pot/trap'' 
fishery to the LOF as Category III (proposed to be split from the 
Category III ``WA Dungeness crab pot'' fishery in this proposed rule, 
with the coastal fishery proposed for Category II). This fishery is 
managed by the State of WA, and includes effort in inland marine waters 
south of the U.S./Canada border and east to Cape Flattery. There are no 
known incidental mortalities or serious injuries of marine mammals in 
this fishery, warranting a Category III classification. The Puget Sound 
crab fishery is a limited entry fishery with 249 permits. In 2009, the 
249 permits were owned by 150 individuals. This fishery is not 
currently observed.

Fishery Name and Organizational Changes and Clarifications

    NMFS proposes to change the name of the Category III ``HI squiding, 
spear'' fishery to the ``HI spearfishing'' fishery to reflect the 
multiple target species of spearfishing.
    NMFS proposes to change the name of the Category III ``HI Main 
Hawaiian Islands, Northwestern Hawaiian Islands deep sea bottomfish'' 
fishery to the ``HI Main Hawaiian Islands deep-sea bottomfish 
handline'' fishery. The fishery in the Northwest Hawaiian Islands was 
closed at the end of 2009 and the addition of ``handline'' to the name 
clarifies the gear type used in the fishery.
    NMFS proposes to move the Category III ``HI Kona crab loop net'' 
fishery from the ``Purse Seine, Beach Seine, Round Haul, and Throw Net 
Fisheries'' heading in Table 1 to the ``Pot, Ring Net, and Trap 
Fisheries'' heading to more accurately describe the gear type used in 
this fishery. This fishery uses fine-stranded netting stretched over a 
round or square metal frame to form a flat net. Multiple nets are 
attached to a mainline, set on sandy bottoms like a string of traps, 
and used to entangle crabs in the mesh.
    NMFS proposes to add ``Tangle Net'' to the name of the Category III 
``Purse Seine, Beach Seine, Round Haul and Throw Net Fisheries'' 
heading in Table 1, to include the ``HI lobster tangle net'' fishery 
(proposed to be added to the LOF as Category III in this proposed 
rule).

[[Page 36324]]

    NMFS proposes to split the Category III ``WA Dungeness crab pot'' 
fishery into two separate fisheries: the Category II ``WA coastal 
Dungeness crab pot/trap'' fishery (see above under ``Fishery 
Classifications'' for more details) and the Category III ``WA Puget 
Sound Dungeness crab pot/trap'' fishery (see above under ``Fishery 
Additions'' for more details).
    NMFS proposes to add a superscript ``\2\'' after the Category II 
``CA yellowtail, barracuda, and white seabass drift gillnet (mesh >=3.5 
in and <14 in)'' fishery in Table 1 to denote that this fishery is 
classified by analogy to the Category II ``CA halibut/white seabass and 
other species set gillnet (>=3.5 in mesh)'' fishery. The ``CA halibut/
white seabass and other species set gillnet (>3.5 in mesh)'' fishery is 
classified as Category II based on the entanglement and serious injury 
of a humpback whale in 2008. The ``CA yellowtail, barracuda, and white 
seabass drift gillnet (mesh >=3.5 in and <14 in)'' fishery operates in 
similar areas and similar seasons with the ``CA halibut/white seabass 
and other species set gillnet (>=3.5 in mesh)'' fishery, thus it is 
reasonable that either fishery may cause serious injury or mortality of 
humpback whales.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of persons/vessels in 
the ``CA/OR thresher shark/swordfish drift gillnet'' fishery (proposed 
to be reclassified as Category III in this proposed rule) from 85 to 
45.
    NMFS proposes to update the estimated number of persons/vessels in 
the Category II ``CA halibut/white seabass and other species set 
gillnet'' fishery from 58 to 50.
    NMFS proposes to update the estimated number of persons/vessels in 
the Category II ``CA yellowtail, barracuda, and white seabass drift 
gillnet'' fishery from 24 to 30.
    NMFS proposes to update the estimated number of persons/vessels in 
the ``CA squid purse seine'' fishery (proposed to be reclassified as 
Category III in this proposed rule) from 64 to 65.
    NMFS proposes to update the estimated number of persons/vessels in 
the Category II ``CA spot prawn pot'' fishery from 29 to 27.
    NMFS proposes to update the estimated number of persons/vessels in 
the Category II ``CA Dungeness crab pot'' fishery from 625 to 534.
    NMFS proposes to update the estimated number of persons/vessels in 
the Category II ``CA/OR/WA sablefish pot'' fishery from 155 to 309.
    NMFS proposes to update the estimated number of persons/vessels in 
the Category III ``CA anchovy, mackerel, sardine purse seine'' fishery 
from 63 to 65.
    NMFS proposes to update the estimated number of persons/vessels in 
the following HI fisheries to reflect the number of licensees reporting 
landings in 2009. Category I: ``HI deep-set (tuna target) longline/set 
line'' from 129 to 127. Category II: ``HI shortline'' from 11 to 21. 
Category III: ``HI inshore gillnet'' from 5 to 39; ``HI Kona crab loop 
net'' from 42 to 41; ``HI opelu/akule net'' from 12 to 20; ``HI inshore 
purse seine'' from 23 to 8; ``HI throw net, cast net'' from 14 to 28; 
``HI trolling, rod and reel'' from 1,321 to 2,210; ``HI crab trap'' 
from 22 to 9; ``HI fish trap'' from 19 to 11; ``HI lobster trap'' from 
0 to 3; ``HI shrimp trap'' from 5 to 1; ``HI aku boat, pole, and line'' 
from 4 to 6; ``HI inshore handline'' from 307 to 460; ``HI tuna 
handline'' from 298 to 531; ``HI handpick'' from 37 to 53; ``HI lobster 
diving'' from 19 to 36; ``HI spearfishing'' (proposed name change in 
this proposed rule) from 91 to 163; and ``HI Main Hawaiian Islands 
deep-sea bottomfish handline'' (proposed name change in this proposed 
rule) from 300 to 580.

List of Species or Stocks Incidentally Killed or Injured

    NMFS proposes to add humpback whale (CA/OR/WA stock) to the list of 
species/stocks incidentally killed or injured in the ``WA coastal 
Dungeness crab pot/trap'' fishery (proposed to be elevated to Category 
II in this proposed rule). NMFS further proposes to include a 
superscript ``\1\'' following the humpback whale (CA/OR/WA stock) in 
Table 1, indicating that this stock is driving the classification of 
the fishery. A humpback whale (CA/OR/WA stock) was entangled and 
seriously injured in Dungeness crab pot/trap gear in WA state waters in 
2008 (draft 2010 SAR). The single serious injury results in an average 
mortality and serious injury rate of 0.2 humpback whales per year (when 
averaged over the latest 5 year data period), or 1.7 percent of the 
stock's PBR of 11.3 (draft 2010 SAR).
    NMFS proposes to remove short finned pilot whales (CA/OR/WA stock) 
from the list of species/stocks incidentally killed or injured in the 
``CA/OR thresher shark/swordfish drift gillnet'' fishery (proposed to 
be reclassified as Category II in this proposed rule). This fishery has 
been observed at approximately 20 percent for the period 2004-2008 
(approximately 13.5 percent in 2008) and during that period there were 
no observed interactions with short-finned pilot whales.
    NMFS proposes to remove bottlenose dolphin (CA/OR/WA offshore 
stock) from the list of species/stocks incidentally killed or injured 
in the ``CA anchovy, mackerel, sardine purse seine'' fishery (proposed 
to be reclassified as Category III in this proposed rule). The 
information on the serious injury or mortality of bottlenose dolphins 
in this fishery was based upon logbooks from the early 1990s. Since 
that time there have been no reports of bottlenose dolphin interactions 
in this fishery (draft 2010 SAR) and there is no other available 
information to suggest that this fishery is causing serious injury or 
mortality of bottlenose dolphins. Observer coverage in this fishery has 
been limited, with less than 1 percent observer coverage in 2008.
    NMFS proposes to remove Risso's dolphin (CA/OR/WA stock) from the 
list of species/stocks incidentally killed or injured in the Category 
III ``CA pelagic longline'' fishery. There have been no interactions in 
the latest 5 years of data (draft 2010 SAR). The last observed 
entanglement of a marine mammal in this fishery occurred in 2003. 
Observer coverage in this fishery ranged from 12 to 50 percent from 
2003-2005, and was 100 percent from 2006-2008.
    NMFS proposes to add humpback whale (CA/OR/WA stock) to the list of 
species/stocks incidentally killed or injured in the Category II ``CA 
halibut/white seabass and other species set gillnet (>3.5 in mesh)'' 
fishery. In the 2010 proposed LOF (74 FR 27739; June 11, 2009), NMFS 
requested public comment and/or information on two reports to the Large 
Whale Disentanglement Program of a humpback whale entangled in, and 
seriously injured by, pink monofilament gillnet gear (May 10, 2007, 
offshore of Dana Point, CA, and seen later the same day off Palos 
Verdes, CA). NMFS has since received additional information regarding 
this entangled humpback whale. Based upon the area of the entanglement 
and the type of gear on the whale, NMFS considers it most likely that 
the gear involved in this entanglement was from the ``CA halibut/white 
seabass and other species set gillnet (>3.5 in mesh)'' fishery. One 
serious injury or mortality of a humpback whale (CA/OR/WA stock) would 
result in an annual mortality and serious injury rate of 0.2 animals 
per year (when averaged over five years) or 1.7 percent of the stock's 
PBR of 11.3 (draft 2010 SAR), which is consistent with a Category II 
classification. NMFS also proposes adding a superscript ``\1\'' after 
humpback whale (CA/OR/WA stock), indicating that this stock is driving 
the Category II classification of

[[Page 36325]]

the fishery. NMFS is requesting comments on this proposed change to the 
list of species/stocks incidentally killed or injured in this fishery. 
This proposed action does not change the Category II classification of 
the fishery. Observer coverage in this fishery was approximately 1 
percent in 2006 and 17 percent in 2007. There was no observer coverage 
in 2004, 2005, or 2008.
    NMFS proposes to remove the superscript ``\1\'' after CA sea lions 
(U.S. stock) and harbor seals (CA stock) in the list of species/stocks 
incidentally killed or injured in the Category II ``CA halibut/white 
seabass and other species set gillnet (>3.5 in mesh)'' fishery. These 
stocks are not driving the Category II classification of this fishery. 
There have been observed interactions with these stocks in this fishery 
in recent years; however, the average total fishery mortality and 
serious injury is less than 10 percent of the respective PBR for both 
stocks (Tier 1 analysis) (draft 2010 SAR). There was no observer 
coverage in this fishery in 2008.
    NMFS proposes to remove the superscript ``\2\'' after the Category 
II ``CA Dungeness crab pot'' fishery in Table 1 (indicating the fishery 
is classified as Category II based on analogy to other Category II crab 
pot fisheries), and add a superscript ``\1\'' after humpback whale (CA/
OR/WA stock) in the list of species/stocks incidentally killed or 
injured in this fishery (indicating that serious injury or mortality of 
this stock in this fishery is driving the Category II classification of 
this fishery). In 2008, NMFS received two reports of humpback whales 
entangled in, and seriously injured by, pot/trap fishing gear off the 
coast of California. NMFS determined that one humpback whale was 
entangled and seriously injured in ``CA Dungeness crab pot'' fishery 
gear off of Moss Landing. One serious injury or mortality of a humpback 
whale (CA/OR/WA stock) results in an annual mortality and serious 
injury rate of 0.2 animals per year (when averaged over five years) or 
1.7 percent of the stock's PBR of 11.3 (draft 2010 SAR), which is 
consistent with a Category II classification. Therefore, this fishery 
should be classified based upon the level of serious injury or 
mortality of humpback whales (CA/OR/WA) rather than by analogy. The 
second humpback whale was reported entangled on August 5, 2008, in 
unidentified pot/trap gear in the Santa Barbara Channel. NMFS is 
requesting information from the public on which fishery may have been 
involved in this entanglement. This fishery is not currently observed.
    NMFS proposes to add false killer whale (Palmyra Atoll stock) to 
the list of marine mammal stocks incidentally injured or killed in the 
Category I ``HI deep-set (tuna target) longline/set line'' fishery. One 
false killer whale was seriously injured in this fishery inside the 
Palmyra Atoll EEZ in 2007, resulting in an average mortality and 
serious injury rate of 0.3 whales per year for the period 2004-2008, or 
4.7 percent of the stock's PBR of 6.4 (draft 2010 SAR). Observer 
coverage for this fishery from 2004-2008 ranged from 20 to 28 percent 
(draft 2010 SAR).
    NMFS proposes to add false killer whale (HI Insular stock) to the 
list of marine mammal stocks incidentally injured or killed in the 
Category I ``HI deep-set (tuna target) longline/set line'' fishery. One 
false killer whale was non-seriously injured within the range of the HI 
Insular stock from 2004-2008. Based on the pro-rating method used by 
the NMFS Southwest and Pacific Islands Fisheries Science Centers to 
estimate takes using the proportions of observed interactions that 
resulted in death, serious injury, or non-serious injury, this non-
serious injury results in an average mortality and serious injury rate 
of 0.6 whales per year for the period 2004-2008, or 98.3 percent of the 
stock's PBR of 0.61 (see the draft 2010 SAR for additional information 
on the pro-rating method used by the NMFS Southwest and Pacific Islands 
Fisheries Science Centers). NMFS further proposes to include a 
superscript ``\1\'' following the false killer whale (HI Insular stock) 
in Table 1, indicating that this stock is driving the classification of 
the fishery. Observer coverage for this fishery from 2004-2008 ranged 
from 20 to 28 percent (draft 2010 SAR).
    NMFS proposes to change the stock of bottlenose dolphin injured or 
killed in the Category I ``HI deep-set (tuna target) longline/set 
line'' fishery from ``HI stock'' to ``HI Pelagic stock.'' The 
bottlenose dolphin stock structure was revised for the draft 2010 SAR, 
and the stock that interacts with the deep-set longline fishery is now 
the HI Pelagic stock (draft 2010 SAR). One bottlenose dolphin was 
seriously injured in this fishery in 2006 inside the Hawaiian Islands 
EEZ, resulting in an average mortality and serious injury rate of 0.2 
bottlenose dolphins per year, or 1.1 percent of the stock's PBR of 18 
(draft 2010 SAR). Observer coverage for this fishery from 2004-2008 
ranged from 20 to 28 percent (draft 2010 SAR).
    NMFS proposes to change the stock of pantropical spotted dolphin 
injured or killed in the Category I ``HI deep-set (tuna target) 
longline/set line'' fishery from ``stock unknown'' to ``HI stock.'' One 
pantropical spotted dolphin was killed in this fishery on the high seas 
in 2008, resulting in an average mortality and serious injury rate of 
0.6 pantropical spotted dolphins per year for the period 2004-2008 
(draft 2010 SAR). The draft 2010 SAR clarifies that the HI stock 
includes animals found both within the Hawaiian Islands EEZ and in 
adjacent international waters; however, following the NMFS Guidelines 
for Assessing Marine Mammal Stocks (NMFS 2005), the PBR is calculated 
only for the portion of the stock occurring within the Hawaiian Islands 
EEZ. Therefore, the serious injury of this animal cannot be compared to 
the PBR of this stock. Observer coverage for this fishery during this 
time period ranged from 20 to 28 percent (draft 2010 SAR).
    NMFS proposes to remove the superscript ``\1\'' after humpback 
whale (Central North Pacific stock) in the Category II ``HI shallow-set 
(swordfish target) longline/set line'' fishery because serious injury 
or mortality of this stock is no longer driving the Category II 
classification of this fishery. There was one serious injury and one 
non-serious injury of humpback whales observed in this fishery from 
2004-2008, with 100 percent observer coverage. The one serious injury 
results in an average serious injury and mortality rate of 0.2 humpback 
whales per year, or 0.33 percent of the stock's PBR of 61.2 (draft 2010 
SAR). This is less than one percent of the stock's PBR: Therefore, 
serious injury and mortality of this stock is no longer driving the 
Category II classification of this fishery.
    NMFS proposes to change the stock of bottlenose dolphin injured or 
killed in the Category II ``HI shallow-set (swordfish target) longline/
set line'' fishery from ``stock unknown'' to ``HI Pelagic stock.'' The 
bottlenose dolphin stock structure has been revised for the draft 2010 
SAR, and the stock that interacts with the shallow-set longline fishery 
is now the HI Pelagic stock (draft 2010 SAR). The draft 2010 SAR also 
clarifies that this stock includes animals found both within the 
Hawaiian Islands EEZ and in adjacent international waters.
    NMFS proposes to add a superscript ``\1\'' after bottlenose dolphin 
(HI Pelagic stock) in the Category II ``HI shallow-set (swordfish 
target) longline/set line'' fishery, indicating that serious injury or 
mortality of this stock is driving the Category II classification of 
this fishery. From 2004-2008, three serious injuries of this stock were 
documented outside of U.S. EEZs with 100 percent observer coverage, 
resulting in an average serious injury and mortality rate of 0.6 
bottlenose dolphins per year. During the same time period, one 
bottlenose

[[Page 36326]]

dolphin was observed seriously injured within the Hawaiian Islands EEZ 
with 100 percent observer coverage, resulting in an average serious 
injury and mortality rate of 0.2 bottlenose dolphins per year, or 1.1 
percent of the stock's PBR of 18 (draft 2010 SAR). Additionally, there 
are documented mortalities and serious injuries of other marine mammal 
stocks by the ``HI shallow-set (swordfish target) longline/set line'' 
fishery on the high seas, as described below. While there are no PBRs 
calculated for these stocks outside of the Hawaiian Islands EEZ, NMFS 
cannot rule out the potential for incidental take to exceed 1 percent 
of any stock's PBR. NMFS proposes to retain this fishery in Category II 
based on the occasional documented mortalities and serious injuries of 
these other marine mammal stocks.
    NMFS proposes to add striped dolphin (HI stock) to the list of 
marine mammal stocks incidentally injured or killed in the Category II 
``HI shallow-set (swordfish target) longline/set line'' fishery. One 
striped dolphin (HI stock) was seriously injured in this fishery in 
2008 in waters outside of U.S. EEZs with 100 percent observer coverage, 
resulting in an average mortality and serious injury rate of 0.2 
striped dolphins per year outside U.S. EEZs, for the period 2004-2008 
(draft 2010 SAR). The draft 2010 SAR clarifies that the HI stock of 
striped dolphins includes animals found both within the Hawaiian 
Islands EEZ and in adjacent international waters; however, following 
the NMFS Guidelines for Assessing Marine Mammal Stocks (NMFS 2005), the 
PBR is calculated only for the portion of the stock occurring within 
the Hawaiian Islands EEZ. Therefore, the serious injury of this animal 
cannot be compared to the PBR of this stock.
    NMFS proposes to add false killer whale (HI Pelagic stock) to the 
list of marine mammal stocks incidentally injured or killed in the 
Category II ``HI shallow-set (swordfish target) longline/set line'' 
fishery. NMFS observed one non-serious injury of a false killer whale 
(HI Pelagic stock) in this fishery in 2008 within the range of the HI 
Pelagic stock inside the Hawaiian Islands EEZ, with 100 percent 
observer coverage (draft 2010 SAR).
    NMFS proposes to add Kogia spp. whale (HI stock) to the list of 
marine mammal stocks incidentally injured or killed in the Category II 
``HI shallow-set (swordfish target) longline/set line'' fishery. NMFS 
observed one non-serious injury of a Kogia spp. whale (HI stock) (i.e., 
a pygmy or dwarf sperm whale) in this fishery in 2008 in waters outside 
of U.S. EEZs, with 100 percent observer coverage (draft 2010 SAR). The 
draft 2010 SAR clarifies that the HI stocks of both pygmy and dwarf 
sperm whales include animals found both within the Hawaiian Islands EEZ 
and in adjacent international waters; however, following the NMFS 
Guidelines for Assessing Marine Mammal Stocks (NMFS 2005), PBRs are 
calculated only for the portion of the stocks occurring within the 
Hawaiian Islands EEZ.
    NMFS proposes to change the stock of Bryde's whale injured or 
killed in the Category II ``HI shallow-set (swordfish target) longline/
set line'' fishery from ``stock unknown'' to ``HI stock.'' NMFS 
observed one non-serious injury of a Bryde's whale in this fishery in 
2005 outside of U.S. EEZs, with 100 percent observer coverage. The 
draft 2010 SAR clarifies that this stock includes animals found both 
within the Hawaiian Islands EEZ and in adjacent international waters; 
however, following the NMFS Guidelines for Assessing Marine Mammal 
Stocks (NMFS 2005), PBR is calculated only for the portion of the stock 
occurring within the Hawaiian Islands EEZ.
    NMFS proposes to change the stock of Risso's dolphin injured or 
killed in the Category II ``HI shallow-set (swordfish target) longline/
set line'' fishery from ``stock unknown'' to ``HI stock.'' Eight 
serious injuries and two mortalities of Risso's dolphins were observed 
in this fishery from 2005-2008 outside of U.S. EEZs, with 100 percent 
observer coverage, resulting in an average serious injury and mortality 
rate of 2.0 Risso's dolphins per year outside the U.S. EEZ, for the 
period 2004-2008. The draft 2010 SAR clarifies that this stock includes 
animals found both within the Hawaiian Islands EEZ and in adjacent 
international waters; however, following the NMFS Guidelines for 
Assessing Marine Mammal Stocks (NMFS 2005), the PBR is calculated only 
for the portion of the stock occurring within the Hawaiian Islands EEZ. 
Therefore, the serious injuries and mortalities of these animals cannot 
be compared to the PBR of this stock.
    NMFS proposes to remove sperm whale (stock unknown) from the list 
of species or stocks incidentally killed or injured in the Category II 
``HI shallow-set (swordfish target) longline/set line'' fishery. There 
have been no documented takes of sperm whales in this fishery in the 
latest 5 years of data, with 100 percent observer coverage (draft 2010 
SAR).
    NMFS proposes to change the name of the stock of false killer 
whales listed as being incidentally injured or killed in the Category 
II ``American Samoa longline'' fishery from ``stock unknown'' to 
``American Samoa.'' This stock is newly defined in the draft 2010 SAR. 
Two false killer whales were killed or seriously injured by the fishery 
in 2008, resulting in an average mortality and serious injury rate of 
7.8 whales per year for the period 2006-2008, with approximately 8 
percent observer coverage (draft 2010 SAR). No abundance estimates are 
available for this stock; therefore, a PBR level cannot be calculated 
and the serious injuries or mortalities of these animals cannot be 
compared against the PBR of this stock. (draft 2010 SAR).
    NMFS proposes to add rough-toothed dolphin (American Samoa stock) 
to the list of species or stocks incidentally killed or injured in the 
Category II ``American Samoa longline'' fishery. This stock is newly 
defined in the draft 2010 SAR. One rough-toothed dolphin was seriously 
injured by the fishery in 2008, resulting in an average mortality and 
serious injury rate of 3.6 dolphins per year for the period 2006-2008, 
with approximately 8 percent observer coverage (draft 2010 SAR). No 
abundance estimates are available for this stock; therefore, a PBR 
level cannot be calculated and the serious injury of this animal cannot 
be compared to the PBR of this stock (draft 2010 SAR).

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

Fishery Classification

Southeastern U.S. Atlantic, Gulf of Mexico Shrimp Trawl Fishery

    NMFS proposes to elevate the ``Southeastern U.S. Atlantic, Gulf of 
Mexico shrimp trawl'' fishery from Category III to Category II based on 
interactions reported through observer reports, stranding data, and 
fisheries research data (2009 SAR), with multiple strategic marine 
mammal stocks (bottlenose dolphin, SC coastal; bottlenose dolphin, GA 
coastal; bottlenose dolphin, Northern Gulf of Mexico coastal (Eastern, 
Northern, and Western); and bottlenose dolphin, Gulf of Mexico bay, 
sound and estuarine) and non-strategic marine mammal stocks (bottlenose 
dolphin, Northern Gulf of Mexico continental shelf; and spotted 
dolphin, Northern Gulf of Mexico). The PBR levels are known only for 
two of these stocks, the SC coastal and GA coastal stocks of bottlenose 
dolphins. The PBR levels are unknown or undetermined for the remaining 
stocks because of outdated population estimates (e.g., estimates are 
over 8 years old) and lack of abundance and mortality data necessary to 
calculate a PBR level. For this reason, the annual serious injury and 
mortality rate as it

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compares to each stock's PBR cannot be calculated for most of these 
stocks.
    As stated in the preamble of this proposed rule, in the absence of 
reliable information, NMFS determines whether a Category II 
classification is warranted for a given fishery (i.e., the fishery has 
occasional incidental mortality and serious injury of marine mammals) 
by 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, strandin