[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66048-66080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23076]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 070417093-7582-02]
RIN 0648-AV54
List of Fisheries for 2008
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its
final List of Fisheries (LOF) for 2008, as required by the Marine
Mammal Protection Act (MMPA). The final LOF for 2008 reflects new
information on interactions between commercial fisheries and marine
mammals. NMFS must categorize each commercial fishery on the LOF into
one of three categories under the MMPA based upon the level of serious
injury and mortality of marine mammals that occurs incidental to each
fishery. The categorization of a fishery in the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
requirements.
DATES: This final rule is effective January 1, 2008.
ADDRESSES: See SUPPLEMENTARY INFORMATION for a listing of all Regional
offices.
Written comments regarding the burden-hour estimates, or any other
aspect of the collection of information requirements contained in this
final rule, should be submitted in writing to Chief, Marine Mammal and
Sea Turtle Conservation Division, Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring, MD 20910, or to David Rostker,
Office of Management and Budget (OMB), by fax to 202-395-7285 or by
email to [email protected].
FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9280;
Nancy Young, Southeast Region, 727-551-5607; Elizabeth Petras,
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van
Atta, Pacific Islands Region, 808-944-2257. Individuals who use a
telecommunications device for the hearing impaired may call the Federal
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Availability of Published Materials
Information regarding the LOF and the Marine Mammal Authorization
Program, including registration procedures and forms, current and past
LOFs, observer requirements, and marine mammal injury/mortality
reporting forms and submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/, or from any NMFS Regional Office at
the addresses listed below.
Regional Offices
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Teletha Mincey;
NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213, Attn: Lyle Enriquez;
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Permits Office;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802; or
NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI 96814-4700.
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
serious injury and mortality of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The categorization of a fishery in the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SAR) and other relevant
[[Page 66049]]
sources, and publish in the Federal Register any necessary changes to
the LOF after notice and opportunity for public comment (16 U.S.C. 1387
(c)(1)(C)).
How Does NMFS Determine in which Category a Fishery is Placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock, and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: If the total annual mortality and serious injury of a
marine mammal stock, across all fisheries, is less than or equal to 10
percent of the PBR level of the stock, all fisheries interacting with
the stock would be placed in Category III (unless those fisheries
interact with other stock(s) in which total annual mortality and
serious injury is greater than 10 percent of PBR). Otherwise, these
fisheries are subject to the next tier (Tier 2) of analysis to
determine their classification.
Tier 2, Category I: Annual mortality and serious injury of a stock
in a given fishery is greater than or equal to 50 percent of the PBR
level.
Tier 2, Category II: Annual mortality and serious injury of a stock
in a given fishery is greater than 1 percent and less than 50 percent
of the PBR level.
Tier 2, Category III: Annual mortality and serious injury of a
stock in a given fishery is less than or equal to 1 percent of the PBR
level.
While Tier 1 considers the cumulative fishery mortality and serious
injury for a particular stock, Tier 2 considers fishery-specific
mortality and serious injury for a particular stock. Additional details
regarding how the categories were determined are provided in the
preamble to the proposed rule implementing section 118 of the MMPA (60
FR 45086, August 30, 1995).
Since fisheries are categorized on a per-stock basis, a fishery may
qualify as one Category for one marine mammal stock and another
Category for a different marine mammal stock. A fishery is typically
categorized on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II).
Other Criteria That May Be Considered
In the absence of reliable information indicating the frequency of
incidental mortality and serious injury of marine mammals by a
commercial fishery, NMFS will determine whether the fishery qualifies
for Category II by evaluating other factors such as fishing techniques,
gear used, methods used to deter marine mammals, target species,
seasons and areas fished, qualitative data from logbooks or fisher
reports, stranding data, and the species and distribution of marine
mammals in the area, or at the discretion of the Assistant
Administrator for Fisheries (50 CFR 229.2).
How Does NMFS Determine which Species or Stocks are Included as
Incidentally Killed or Seriously Injured in a Fishery?
The LOF includes a list of marine mammal species or stocks
incidentally killed or seriously injured in each commercial fishery,
based on the level of mortality or serious injury in each fishery
relative to the PBR level for each stock. To determine which species or
stocks are included as incidentally killed or seriously injured in a
fishery, NMFS annually reviews the information presented in the current
SARs. The SARs are based upon the best available scientific information
and provide the most current and inclusive information on each stock's
PBR level and level of mortality or serious injury incidental to
commercial fishing operations. NMFS also reviews other sources of new
information, including observer data, stranding data, and fisher self-
reports.
In the absence of reliable information on the level of mortality or
serious injury of a marine mammal stock, or insufficient observer data,
NMFS will determine whether a species or stock should be added to, or
deleted from, the list by considering other factors such as: changes in
gear used, increases or decreases in fishing effort, increases or
decreases in the level of observer coverage, and/or changes in fishery
management that are expected to lead to decreases in interactions with
a given marine mammal stock (such as a Fishery Management Plan or a
Take Reduction Plan). NMFS will provide case-specific justification in
the LOF for changes to the list of species or stocks incidentally
killed or seriously injured.
How Does NMFS Determine the Level of Observer Coverage in a Fishery?
Data obtained from observers and the level of observer coverage are
important tools in estimating the level of marine mammal mortality and
serious injury in commercial fishing operations. The best available
information on the level of observer coverage, and the spatial and
temporal distribution of observed marine mammal interactions, is
presented in the SARs. Starting with the 2005 SARs, each SAR includes
an appendix with detailed descriptions of each Category I and II
fishery in the LOF. The SARs generally do not provide detailed
information on observer coverage in Category III fisheries because
under the MMPA Category III fisheries are not required to accommodate
observers aboard vessels due to the remote likelihood of mortality and
serious injury of marine mammals. Information presented in the SARs'
appendices include: level of observer coverage, target species, levels
of fishing effort, spatial and temporal distribution of fishing effort,
gear characteristics, management and regulations, and interactions with
marine mammals. Copies of the SARs are available on the NMFS Office of
Protected Resource's Web site at: http://www.nmfs.noaa.gov/pr/sars/.
Additional information on observer coverage in commercial fisheries can
be found on the NMFS National Observer Program's website: http://www.st.nmfs.gov/st4/nop/.
How Do I Find Out if a Specific Fishery is in Category I, II, or III?
This final rule includes two tables that list all U.S. commercial
fisheries by LOF Category. Table 1 lists all of the fisheries in the
Pacific Ocean (including Alaska). Table 2 lists all of the fisheries in
the Atlantic Ocean, Gulf of Mexico, and Caribbean.
Are High Seas Fisheries Included in the LOF?
High seas fisheries in which U.S. persons or vessels participate
are not included in the LOF. However, NMFS is considering the inclusion
of U.S.-authorized high seas fisheries (fisheries operating beyond 200
nmi of U.S. coasts) in future LOFs. At this time,
[[Page 66050]]
NMFS is gathering available information on the number of vessels
permitted and/or actively fishing in U.S.-authorized high seas
fisheries, gear types used, and marine mammal-fishery interactions data
included in documents published under the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), National Environmental Policy
Act (NEPA), Endangered Species Act (ESA), and MMPA, and from relevant
Regional Fishery Management Organizations (RFMO) and the International
Whaling Commission (IWC).
Am I Required to Register Under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization from NMFS in order to lawfully incidentally take a marine
mammal in a commercial fishery. Owners of vessels or gear engaged in a
Category III fishery are not required to register with NMFS or obtain a
marine mammal authorization.
How Do I Register?
Vessel or gear owners must register with the Marine Mammal
Authorization Program (MMAP) by contacting the relevant NMFS Regional
Office (see ADDRESSES), unless they participate in a fishery that has
an integrated registration program (described below). Upon receipt of a
completed registration, NMFS will issue vessel or gear owners an
authorization certificate. The authorization certificate, or a copy,
must be on board the vessel while it is operating in a Category I or II
fishery, or for non-vessel fisheries, in the possession of the person
in charge of the fishing operation (50 CFR 229.4(e)).
What is the Process for Registering in an Integrated Fishery?
For some fisheries, NMFS has integrated the MMAP registration
process with existing state and Federal fishery license, registration,
or permit systems. Participants in these fisheries are automatically
registered under the MMAP and are not required to submit registration
or renewal materials or pay the $25 registration fee. The following
section indicates which fisheries are integrated fisheries and has a
summary of the integration process for each Region. Although efforts
are made to limit the issuance of authorization certificates to only
those vessel or gear owners that participate in Category I or II
fisheries, not all state and Federal permit systems distinguish between
fisheries as classified by the LOF. Therefore, some vessel or gear
owners in Category III fisheries may receive authorization certificates
even though they are not required for Category III fisheries.
Individuals fishing in Category I and II fisheries for which no state
or Federal permit is required must register with NMFS by contacting
their appropriate Regional Office (see ADDRESSES).
Which Fisheries Have Integrated Registration Programs?
The following fisheries have integrated registration programs under
the MMPA:
1. All Alaska Category II fisheries;
2. All Washington and Oregon Category II fisheries;
3. Northeast Regional fisheries for which a state or Federal permit
is required;
4. All Southeast Regional fisheries for which a Federal permit is
required, as well as fisheries permitted by the states of North
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas; and
5. The HI Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic
Sharks Longline/Set line Fishery.
How Do I Receive My Authorization Certificate and Injury/Mortality
Reporting Forms?
All vessel or gear owners will receive their authorization
certificates and/or injury/mortality reporting forms via U.S. mail upon
registration, except those vessel owners participating in the Northeast
and Southeast Regional Integrated Registration Program. Vessel or gear
owners participating in the Northeast and Southeast Regional Integrated
Registration Program will receive their authorization certificates as
follows:
1. Northeast Region vessel or gear owners participating in Category
I or II fisheries for which a state or Federal permit is required may
receive their authorization certificate and/or injury/mortality
reporting form by contacting the Northeast Regional Office at 978-281-
9328 or by visiting the Northeast Regional Office Web site (http://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 (http://sero.nmfs.noaa.gov/pr/pr.htm) and following instructions for printing
the necessary documents.
How Do I Renew My Registration Under the MMPA?
Vessel or gear owners that participate in Pacific Islands or
Alaska regional fisheries are automatically renewed and should receive
an authorization certificate by January 1 of each new year. Vessel or
gear owners in Washington and Oregon fisheries receive authorization
with each renewed state fishing license, the timing of which varies
based on target species. Vessel or gear owners who participate in
Pacific Islands, Alaska, Washington, or Oregon fisheries and have not
received authorization certificates by January 1 or with renewed
fishing licenses must contact the appropriate NMFS Regional Office (see
ADDRESSES).
Vessel or gear owners in Southeast or Northeast regional fisheries
may receive their authorization certificates by calling the relevant
NMFS Regional Office or visiting the relevant NMFS Regional Office Web
site (see How Do I Receive My Authorization Certificate and Injury/
Mortality Reporting Forms).
Vessel or gear owners that participate in Southwest regional
fisheries, which do not have an integrated registration program, and
have previously registered in a Category I or II fishery will receive a
renewal packet from the NMFS Southwest Regional Office at least 30 days
prior to January 1 of each new year. It is the responsibility of the
vessel or gear owner in these fisheries to complete their renewal form
and return it to the NMFS Southwest Regional Office at least 30 days in
advance of fishing. Individuals who have not received a renewal packet
by January 1 must request a registration form from the NMFS Southwest
Regional Office (see ADDRESSES).
Am I Required to Submit Reports When I Injure or Kill a Marine
Mammal During the Course of Commercial Fishing Operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a Category I, II, or III
fishery must report to NMFS all incidental injuries and mortalities of
marine mammals that occur during commercial fishing operations.
``Injury'' is defined in 50 CFR 229.2 as a wound or other physical
harm. In addition, any animal that ingests fishing gear or any animal
that is released with fishing gear
[[Page 66051]]
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported. Injury/mortality reporting forms and
instructions for submitting forms to NMFS can be downloaded from:
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf. Reporting requirements and procedures can be found in 50 CFR
229.6.
Am I Required to Take an Observer Aboard My Vessel?
Fishers participating in a Category I or II fishery are required to
accommodate an observer aboard vessel(s) upon request. Observer
requirements can be found in 50 CFR 229.7.
Am I Required to Comply With Any Take Reduction Plan Regulations?
Fishers participating in a Category I or II fishery are required to
comply with any applicable take reduction plans. Take reduction plan
regulations can be found at 50 CFR 229.30-35.
Sources of Information Reviewed for the Final 2008 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all observed fisheries to
determine whether changes in fishery classification were warranted.
NMFS' SARs are based on the best scientific information available at
the time of preparation, including the level of mortality and serious
injury of marine mammals that occurs incidental to commercial fisheries
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the
MMPA to review the science that informs the SARs, and to advise NMFS on
population status and trends, stock structure, uncertainties in the
science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
The final LOF for 2008 was based, among other things, on
information provided in the final SARs for 1996 (63 FR 60, January 2,
1998), the final SARs for 2001 (67 FR 10671, March 8, 2002), the final
SARs for 2002 (68 FR 17920, April 14, 2003), the final SARs for 2003
(69 FR 54262, September 8, 2004), the final SARs for 2004 (70 FR 35397,
June 20, 2005), the final SARs for 2005 (71 FR 26340, May 4, 2006), the
final SARs for 2006 (72 FR 12774, March 19, 2007), and the draft SARs
for 2007 (72 FR 35428, June 28, 2007). All the SARs are available at:
http://www.nmfs.noaa.gov/pr/sars/.
Fishery Descriptions
Below, NMFS briefly describes each Category I and II fishery in the
final LOF for 2008. While detailed information describing each fishery
in the LOF is included in the SARs, within a Fishery Management Plan
(FMP) or Take Reduction Plan (TRP), or by state agencies, general
descriptive information is important to include in the LOF for improved
clarity. Fisheries are defined based on the gear and fishing methods,
target species, temporal and spatial distribution, and management and
regulatory schemes. NMFS refers readers to the SARs for more additional
information on Category I and II fisheries. Abbreviations used in the
following descriptions include: AK (Alaska), AL (Alabama), CA
(California), DE (Deleware), FL (Florida), GA (Georgia), HI (Hawaii),
LA (Louisiana), MA (Massachusetts), ME (Maine), MS (Mississippi), NC
(North Carolina), NJ (New Jersey), NY (New York), OR (Oregon), RI
(Rhode Island), SC (South Carolina), TX (Texas), VA (Virginia), and WA
(Washington).
Category I and II Commercial Fisheries in the Pacific Ocean
HI Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks
Longline/Set Line Fishery
The Category I HI longline fishery targets swordfish, tuna,
billfish, mahi mahi, wahoo, and oceanic sharks. The basic unit of gear
is a 30-40 mi (48-64 km) long mainline made of 0.13-0.16 in (3.2-4.0
mm) diameter monofilament line, with 800-1,000 hooks attached to the
mainline. Deployment and retrieval of gear must occur at night. Shallow
swordfish sets are required to use size 18/0 circle hooks with a 10-
degree offset and mackerel bait. Using squid bait is prohibited. For
deep sets, all float lines must be at least 20 m (65.6 ft) long with a
minimum of 15 branch lines attached to the mainline between any 2
floats, except for basket-style longline gear that may have as few as
10 branch lines. The use of any light emitting device is prohibited and
vessels may not land or possess more than 10 swordfish at any time. The
fishery operates over a huge geographic range extending north-south
from 40[deg] N. lat. to the equator and east-west from Kure Atoll to as
far as 135[deg] W. long. Fishing for swordfish generally occurs north
of Hawaii (as much as 2,000 mi (3,219 km) from Honolulu), whereas
fishing for tunas occurs primarily around the main Hawaiian Islands and
south of the Hawaiian Islands. The fishery operates year-round, with
effort generally lower in the third quarter of the year.
The HI longline fishery is managed in part under the FMP for
Pelagic Fisheries of the Western Pacific Region. The shallow-set
swordfish component has annual fleetwide limits on interactions with
leatherback and loggerhead sea turtles, an annual fleetwide limit of
2,120 shallow sets north of the equator per year, and a requirement for
operators to annually participate in a protected species workshop and
get a valid protected species certification. Also, regulations mandate
100 percent observer coverage in the shallow-set component of the
fishery and at least 20 percent observer coverage in the deep-set
component.
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in
mesh)
The Category I CA/OR thresher shark/swordfish drift gillnet fishery
primarily targets common thresher sharks and swordfish using a 1000-
fathom (6,000 ft; 1,829 m) gillnet with stretched mesh size from 18-22
in (46-56 cm) with a 14-in (35.6 cm) minimum. Other species caught
include: pelagic thresher, bigeye thresher, shortfin mako, blue shark,
albacore, other tunas, and dorado. One end of the net is typically
attached to the vessel and is set at dusk and allowed to drift during
the night, typically for 12-14 hours. Fishing effort extends from the
U.S.-Mexico border north to waters off of OR, with the majority of
effort occurring from October to December. OR restricts landings to
swordfish only.
This fishery is a limited entry fishery managed under the Pacific
Highly Migratory Species (HMS) FMP and by regulations under the Pacific
Offshore Cetacean Take Reduction Plan (POCTRP), including multiple
area-season closures and gear restrictions, a requirement for pingers
on drift gillnets, a requirement that extenders (buoy lines) be at
least 36 ft (11 m) long, and a requirement for vessel captains to
attend skipper education workshops, when notified by NMFS.
CA Angel Shark/Halibut and Other Species Set Gillnet Fishery (>3.5 in
mesh)
The Category I CA angel shark/halibut and other species set gillnet
fishery targets angel shark and halibut from the
[[Page 66052]]
U.S.-Mexico border north to Monterey Bay using 200 fathom (1,200 ft;
366 m) gillnet with a stretch mesh size of 8.5 in (31.6 cm). Net soak
duration is typically 8-10, 19-24, or 44-49 hours at a depth ranging
from 15-50 fathoms (90-300 ft; 27-91 m) with most sets from 15-35
fathoms (90-210 ft; 27-64 m). No more than 1500 fathoms (9,000 ft;
2,743 m) of gill or trammel net may be fished in combination for CA
halibut and angel shark. Fishing occurs year-round, with effort
generally increasing during summer months and declining during last the
3 months of the year. The central CA portion of the fishery from Point
Arguello to Point Reyes has been closed since September, 2002,
following a ban on gillnets inshore of 60 fathoms (360 ft; 110 m). Set
gill nets have been prohibited in state waters south of Point Arguello
and within 70 fathoms (420 ft; 128 m) or one mile (1.6 km), whichever
is less, around the Channel Islands since 1990. The CA Department of
Fish and Game (CDFG) manages the fishery as a limited entry fishery
with gear restrictions and area closures.
CA Yellowtail, Barracuda, and White Seabass Drift Gillnet (mesh size
[gteqt]3.5 in and <14 in) Fishery
The Category II CA yellowtail, barracuda, and white seabass drift
gillnet fishery targets primarily yellowtail and white seabass, and
secondarily barracuda, with target species typically determined by
market demand on a short-term basis. Drift gillnets are up to 6,000 ft
(1,829 m) long and are set at the surface. The mesh size depends on
target species and is typically 6.0-6.5 in (15-16.5 cm). When targeting
yellowtail and barracuda, the mesh size must be [gteqt]3.5 in (9 cm);
when targeting white seabass, the mesh size must be [gteqt]6 in (15.2
cm). From June 16 to March 14 not more than 20 percent, by number, of a
load of fish may be white seabass with a total length of 28 in (71 cm).
A maximum of ten white seabass per load may be taken, if taken in
gillnet or trammel nets with meshes from 3.5-6.0 in (9-15 cm) in
length. The fishery operates year-round, primarily south of Point
Conception with some effort around San Clemente Island and San Nicolas
Island. This fishery is a limited entry fishery with various gear
restrictions and area closures managed by the CDFG. Targeting tuna with
this type of gear was effectively prohibited in April, 2004, under the
Pacific HMS FMP.
CA Anchovy, Mackerel, Sardine Purse Seine Fishery
The Category II CA anchovy, mackerel, sardine purse seine fishery
targets wetfish (anchovy, mackerel, and sardine), with the target
species primarily driven by availability and market demand. The fishery
uses purse seines, drum seines, and lampara nets using standard seining
techniques. A typical purse seine net is 185 fathoms (1,110 ft; 338 m)
long, 22 fathoms (132 ft; 40 m) deep, and 1,600 meshes deep with each
mesh measuring 1.25 in (3 cm). The fishery operates year-round
predominantly in southern CA (including the Channel Islands) from San
Diego, Oceanside, Dana Point, and San Pedro then north to San
Francisco. This fishery is a limited entry fishery, and the mackerel
and sardine fisheries are quota fisheries. The fishery is managed in
accordance with the Coastal Pelagic Species (CPS) FMP.
CA Tuna Purse Seine Fishery
The Category II CA tuna purse seine fishery targets yellowfin,
skipjack, and bluefin tuna using purse seine nets similar to those used
to target Coastal Pelagic Species (see the description under ``CA
anchovy, mackerel, sardine purse seine fishery''). The fishery operates
from May to October south of Point Conception to the U.S.-Mexico border
and in the Southern California Bight. The fishery is managed under the
Pacific HMS FMP. This fishery is considered an opportunistic fishery,
meaning that fishers only target tuna when certain oceanographic and
market conditions exist to make the fishery viable. Effort in the
fishery is highly variable, ranging from zero to ten participants
annually over the past several years.
CA Squid Purse Seine Fishery
The Category II CA squid purse seine fishery targets market squid
using several gear types. From 1997-2001, 98 percent of fishermen used
purse (77 percent) or drum (21 percent) seine nets. Other types used
were lampara, dip, and brail nets. The fishery uses lights (shielded
and oriented downward, with a maximum of 30,000 watts) to aggregate
spawning squid. The fishery operates year-round with the effort
focusing north of Point Conception from April to September and south of
Point Conception from October to March. El Nino events cause northern
landings to increase, while La Nina events cause southern landings to
increase.
The fishery is managed by the CDFG and is monitored under the CPS
FMP and the Market Squid FMP. Commercial squid purse seine fishing is
prohibited year-round from noon on Friday until noon on Sunday to allow
a 2-day consecutive uninterrupted period of spawning. All vessels must
be permitted and comply with a mandatory logbook program for fishing
and lighting. Since 2001, a seasonal harvest guideline is set to limit
further expansion of the fishery.
CA Pelagic Longline Fishery
The Category II CA pelagic longline fishery includes both shallow-
set and deep-set gear targeting swordfish and bigeye, albacore, and
yellowfin tuna. The fishery operates in waters outside of the U.S.
Exclusive Economic Zone (EEZ) because the Pacific HMS FMP prohibits
targeting swordfish with longlines within 200 nmi of shore. In 2004,
the CA-based shallow-set longline fishery was closed due to anticipated
levels of sea turtle interactions. The following is a general
description of the shallow-set fishery as it operated prior to 2004 and
the current deep-set longline fishery.
Prior to 2004, shallow-set longlines operated year-round primarily
targeting swordfish with 15-45 mi (24-72 km) of mainline rigged with
72-ft (22-m) gangions at approximately 197 ft (60 m) intervals. A
shallow-set typically has 800-1,300 hooks with large squid or mackerel
for bait. Most shallow-set fishing takes place at night when swordfish
are at the surface, using various colored lightsticks. A shallow-set
mainline is deployed for 4-7 hours and left to drift unattached for 7-
10 hours. At this time there is no CA-based shallow-set longline
fishing due to anticipated levels of sea turtle interactions.
Deep-set longlines operate year-round primarily targeting tuna with
4-46.6 mi (7-75 km) mainline rigged with 25.6-36 ft (7.8-10.9 m)
gangions with 15-16 branchlines set between floats. Deep-set longlines
are set at dawn with an average 12 hour soak time. The deep-set sag of
the mainline is between 328-1,050 ft (100-320 m) below the water's
surface. A deep-set typically contains 270-1,900 hooks with double
weighted leaders and sardine for bait. Deep-sets use a variety of hooks
including size 38 tuna hooks, size 9 J-hooks, and size 16/0 circle
hooks. A small scale deep-set longline fishery began in January 2005
and continues currently. One hundred percent observer coverage is
required in the deep-set longline fishery.
WA Puget Sound Regional Salmon Drift Gillnet
The Category II WA Puget Sound regional salmon drift gillnet
fishery targets coho, pink, sockeye, chinook, and chum salmon in inland
marine waters (state waters) south of the U.S.-Canada border and east
of the Bonilla-Tatoosh line at the entrance to the Strait of Juan de
Fuca. Drift gillnet gear consists of single web construction, not
[[Page 66053]]
exceeding 300 fathoms (1,800; 549 m) in length, attached at one end of
the vessel. The minimum mesh size varies from 5-7 in (13-18 cm)
depending on the target species. While the depths fished vary,
fishermen strive to keep the net off of the bottom. The drift times
vary depending on the fishing area, tidal condition, and catch. This
fishery is a limited entry fishery with seasonal openings, area
closures, and gear restrictions. Regulations governing incidental take
of marine mammals do not apply to tribal members exercising fishing
treaty rights within this fishery .
AK Prince William Sound Salmon Drift Gillnet Fishery
The Category II AK Prince William Sound salmon drift gillnet
fishery targets salmon using drift gillnet gear with soak times of 15
minutes to 3 hours. The gear is set both during the day and night, with
10-14 sets per day. The fishery operates from mid-May to the end of
September in the Prince William Sound Fisheries Management Area, the
Copper River, and the Bering Sea. The Prince William Sound Fisheries
Management Area consists of 11 districts with six hatcheries
contributing to the salmon fisheries. This drift gillnet fishery is
managed by the AK Department of Fish and Game (ADFG) as a limited entry
fishery with gear restrictions (mesh and net size) and area closures.
AK Peninsula/Aleutian Islands Salmon Drift Gillnet Fishery
The Category II AK Peninsula/Aleutian Islands salmon drift gillnet
fishery targets salmon using drift gillnet gear with soak times of 2-5
hours. The gear is set during the day and night, with 3-8 sets per day.
The fishery operates from mid-June to mid-September in two districts
north of the AK Peninsula (Northern and Northwestern), and four
districts south of the AK Peninsula (Unimake, Southwestern,
Southcentral, and Southeastern). This drift gillnet fishery is managed
by ADFG as a limited entry fishery with gear restrictions (mesh and net
size) and area closures.
AK Peninsula/Aleutian Islands Salmon Set Gillnet Fishery
The Category II AK Peninsula/Aleutian Islands salmon set gillnet
fishery targets salmon using set gillnet with the gear set every 2
hours during the day and night. The gear is set with continuous soak
times during the opener. Salmon may only be fished commercially during
periods known as openers established by ADFG in-season. During some
periods of the season fishing may be continuous with openers lasting
days or even many weeks at a time. The ADFG posts weekly notices of
fishing openers and announces the openers on regular radio channels a
few days or a few hours before each opener. Fishing periods are often
extended by Emergency Order during the last 24 hours of the opener.
This fishery generally operates from June 18 to mid-August in two
districts north of the AK Peninsula (Northern and Northwestern), and
four districts south of the AK Peninsula (Unimake, Southwestern,
Southcentral, and Southeastern). Set gillnet fishing effort also occurs
off Atka and Amelia Islands. This set gillnet fishery is managed by
ADFG as a limited entry fishery with gear restrictions (mesh and net
size) and area closures.
AK Southeast Salmon Drift Gillnet Fishery
The Category II AK Southeast salmon drift gillnet fishery targets
salmon using drift gillnet gear with soak times of 20 minutes to 3
hours. The gear is set during the day and night, with 6-20 sets set per
day. This fishery generally operates from June 18 to early October in
five main fishing areas off Southeast AK, as well as at Annette Island,
in Terminal Harvest Areas (THA) adjacent to hatchery facilities, and
for hatchery cost recovery. The majority of salmon are caught by drift
gillnets in the five main fishing areas (81 percent in 2003) and the
THAs (13 percent in 2003), with small contributions from Annette Island
(4 percent in 2003), and for hatchery cost recovery (1.8 percent in
2003). This drift gillnet fishery is managed by ADFG as a limited entry
fishery, with gear restrictions (mesh and net size) and area closures.
AK Cook Inlet Salmon Drift Gillnet Fishery
The Category II AK Cook Inlet salmon drift gillnet fishery targets
salmon using drift gillnet gear with soak times of 15 minutes to 3
hours, or continuously. The gear is set during the day, with 6-18 sets
per day. This fishery generally operates from June 25 to end of August
in the Central District of the Upper Cook Inlet. Drift gillnet fishing
effort for sockeye salmon peaks in mid to late July. Currently, drift
gillnet fishing for salmon in the Cook Inlet occurs in the Central
District area only for the two regular 12-hour openers on Mondays and
Thursdays. This drift gillnet fishery is managed by ADFG as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Cook Inlet Salmon Set Gillnet Fishery
The Category II AK Cook Inlet salmon set gillnet fishery targets
salmon using set gillnet gear with continuous soak times during the
opener. Fishing effort occurs during the day and night in the Upper
Cook Inlet; while fishing effort occurs only during the day in the
Lower Cook Inlet, except during fishery extensions. In the Upper Cook
Inlet, the catch is picked from the net (i.e., the net is tended) each
day during a slack tide; while the catch is picked from the net every
2-6 hours in the Lower Cook Inlet. The net becomes dry with low tide.
The fishery generally operates from June 2 to mid-September in Cook
Inlet. This set gillnet fishery is managed by ADFG as a limited entry
fishery with gear restrictions (mesh and net size) and area closures.
AK Yakutat Salmon Set Gillnet Fishery
The Category II AK Yakutat salmon set gillnet fishery targets
salmon using set gillnet gear with continuous soak times during the
opener, during the day and night. The catch is picked from the net
every 2-4 hours each day or continuously during peak fishing times. The
fishery generally operates from June 4 to the end of August. The
Yakutat salmon set gillnet fishery consists of multiple set gillnet
fisheries occurring in two fishing districts, the Yakutat District and
the Yakataga District. As many as 25 different areas in the Yakutat and
Yakataga Districts are open to commercial fishing each year. The
Yakutat District fisheries primarily target sockeye and coho salmon,
although all species of salmon are harvested. The Yakataga District
fisheries target coho salmon. With a few exceptions, set gillnetting is
confined to the intertidal area inside the mouths of rivers and
streams, and to the ocean waters immediately adjacent to each. Due to
the terminal nature of these fisheries, ADFG has been able to develop
salmon escapement goals for most of the major, and several of the
minor, fisheries. This set gillnet fishery is managed by ADFG as a
limited entry fishery with gear restrictions (mesh and net size) and
area closures.
AK Kodiak Salmon Set Gillnet Fishery
The Category II AK Kodiak salmon set gillnet fishery targets salmon
using set gillnet gear with continuous soak times during the opener.
Fishing effort occurs during the day, with the catch picked from the
net 2 or more times each day. The majority of set gillnets are attached
to a shore lead up to 80 fathoms (480 ft; 146 m) long in a straight
line to a king
[[Page 66054]]
buoy offshore, with numerous anchor lines and buoys holding the net in
place. The last 25 fathoms (150 ft; 46 m) of the gillnet is usually
formed into a fish trap, also called a hook. The fishery generally
operates from June 9 to the end of September or early October. Many
areas are open until early October, but most fishermen remove the nets
by early September. As the runs progress in late July and change from
sockeye to pink salmon, the ADFG often reduces the length of openers if
escapement goals have not been met. Fishing effort begins to reduce in
mid to late August as salmon runs begin to decline.
This fishery consists of 2 Districts, the Northwest District from
Spruce Island to the south side of Uyak Bay, and the Alitak Bay
District located on the southwestern corner of Kodiak Island. In most
years, the Northwest District is fished by approximately 100 permit
holders and constitutes approximately 70 percent of the annual fishing
effort, while the Alitak Bay District is fished by approximately 70
permit holders and constitutes approximately 30 percent of the annual
fishing effort. Traditionally, the Northwest District is open for the
majority of June and July, while effort in the Alitak Bay District
typically occurs 5 to 7 days out of every 10 days during the fishing
season. This set gillnet fishery is managed by ADFG as a limited entry
fishery with gear restrictions (mesh and net size) and area closures.
AK Bristol Bay Salmon Drift Gillnet Fishery
The Category II AK Bristol Bay salmon drift gillnet fishery targets
salmon using drift gillnet gear with continuous soak times for part of
the net, while other parts of the net are tended. Fishing effort occurs
during the day and night, with a continuous number of sets per day.
This fishery generally operates from June 17 to the end of August in
Bristol Bay. Approximately 80 percent of the salmon catch in Bristol
Bay is caught with drift gillnets. The Bristol Bay management area
consists of five management districts including all coastal and inland
waters from Cape Newenham to Cape Menshikof. There are eight major
river systems in the area, and these form the largest commercial
sockeye salmon fishery in the world. Although sockeye salmon is the
most abundant salmon species that returns to Bristol Bay each year,
chinook, chum, coho, and pink salmon returns are also important to the
fishery. This drift gillnet fishery is managed by ADFG as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Bristol Bay Salmon Set Gillnet Fishery
The Category II AK Bristol Bay salmon set gillnet fishery targets
salmon using set gillnet gear with continuous soak times during the
opener, but the net is dry during low tide. Fishing effort occurs
during the day and night, with 2 or more continuous sets per day. This
fishery generally operates from June 17 to the end of August or mid-
September in the same areas in Bristol Bay as the AK Bristol Bay salmon
drift gillnet fishery discussed above. Approximately 20 percent of the
salmon catch in Bristol Bay is caught with set gillnets. This set
gillnet fishery is managed by ADFG as a limited entry fishery with gear
restrictions (mesh and net size) and area closures.
AK Metlakatla/Annette Island Salmon Drift Gillnet Fishery
The Category II AK Metlakatla/Annette Island salmon drift gillnet
fishery targets salmon using drift gillnet gear off Annette Island in
Southeast AK. This drift gillnet fishery is an exclusively tribal
fishery. The fishery is a limited entry fishery with gear restrictions
(mesh and net size) and area closures. This fishery, as a tribal
fishery, is separate from the AK Southeast drift gillnet fishery only
for regulation purposes. The fisheries are considered the same for LOF
categorization purposes.
AK Southeast Salmon Purse Seine Fishery
The Category II AK Southeast salmon purse seine fishery targets
salmon using purse seine gear with soak times of 20-45 minutes. Fishing
effort occurs mostly in daylight hours, except at the peak of the
season, with 6-20 sets per day. The fishery generally operates from the
end of June to September. In 2003, purse seine fishing ran through
November 12 in THAs. Regulations allow purse seine fishing to occur in
certain fishing districts, and also in certain THAs, hatchery cost
recovery areas, and the Annette Island Fishery Reserve. This purse
seine fishery accounts for approximately 80 percent of the total salmon
harvest in Southeast AK, and approximately 87 percent of the fish
caught are pink salmon. This purse seine fishery is managed by ADFG as
a limited entry fishery with gear restrictions (mesh and net size) and
area closures.
AK Cook Inlet Salmon Purse Seine Fishery
The Category II AK Cook Inlet salmon purse seine fishery targets
salmon using purse seine gear in Cook Inlet from June 1 to October 31.
Purse seines must be between 90 fathoms (540 ft; 165 m) and 250 fathoms
(1,500 ft; 457 m) long, and 100 meshes and 325 meshes deep. Detachable
or loose leads are not permitted. In Cook Inlet, purse seines may be
used in the Southern District, Kamishak Bay District, Outer District,
Eastern District, and Chinitna Bay Subdistrict east of a line from the
crane on the south shore to the largest boulder on the landward end of
Glacier Spit. This purse seine fishery is managed by ADFG as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Kodiak Salmon Purse Seine Fishery
The Category II AK Kodiak salmon purse seine fishery targets salmon
using purse seine gear from June 1 to October 31, with fishing periods
open by regulation and emergency orders. Purse seine gear must have a
mesh size of less than 7 in (18 cm). Purse seine gear must be between
100 fathoms (600 ft; 183 m) and 200 fathoms (1,200 ft; 366 m) long, and
between 100 meshes and 325 meshes deep. At least 50 fathoms (300 ft; 91
m) of a purse seine must be 150 meshes in depth. One lead, no more than
100 fathoms (600 ft; 183 m) in length, may be used with each purse
seine. The aggregate length of a seine and lead may not exceed 250
fathoms (1,500 ft; 457 m). Leads must be removed from the water within
two hours after a season or fishing period closure. Overlapping panels
of net web may not be used in seine leads.
This fishery occurs in the Kodiak Area, including all waters of AK
south of Cape Douglas (58[deg] 51.10' N. lat.), west of 150[deg] W.
long., north of 55[deg] 30' N. lat., and north and east of the southern
entrance of Imuya Bay. This purse seine fishery is managed by ADFG as a
limited entry fishery with gear restrictions (mesh and net size) and
area closures.
AK Bering Sea and Aleutian Islands (BSAI) Flatfish Trawl Fishery
The Category II AK BSAI flatfish trawl fishery targets flatfish
using trawl gear in the U.S. EEZ of the eastern Bering Sea and the
portion of the North Pacific Ocean adjacent to the Aleutian Islands,
which is west of 170[deg] W. long. up to the U.S.-Russian Convention
Line of 1867. Management measures for the BSAI groundfish fisheries
constrain fishing both temporally and spatially. This fishery is
federally managed under the BSAI FMP. The authorized gear, fishing
season, criteria for determining fishing seasons, and area restrictions
by gear type are defined in the regulations
[[Page 66055]]
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pollock Trawl Fishery
The Category II AK BSAI pollock trawl fishery targets flatfish
using trawl gear in the same location as the AK BSAI flatfish trawl
fishery described above. The use of non-pelagic trawl gear in the
directed fishery for pollock is prohibited. This fishery is federally
managed under the BSAI FMP. Management measures for the BSAI groundfish
fisheries constrain fishing both temporally and spatially. The gear
authorized, fishing year, criteria for determining fishing seasons, and
area restrictions by gear type are defined in the regulations
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pacific Cod Longline Fishery
The Category II AK BSAI Pacific cod longline fishery targets
Pacific cod using longline gear in the same location as the AK BSAI
flatfish trawl fishery described above. This fishery is federally
managed under the BSAI FMP. Management measures for the BSAI groundfish
fisheries constrain fishing both temporally and spatially. The gear
authorized, fishing year, criteria for determining fishing seasons, and
area restrictions by gear type are defined in the regulations
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea Sablefish Pot Fishery
The Category II AK Bering Sea sablefish pot fishery targets
sablefish using pot gear in the same location as the AK BSAI flatfish
trawl fishery described above. This fishery is Federally managed under
the BSAI FMP and is operated under Individual Fishing Quotas.
Management measures for the BSAI groundfish fisheries constrain fishing
both temporally and spatially. The gear authorized, fishing year,
criteria for determining fishing seasons, and area restrictions by gear
type are defined in the regulations implementing the BSAI FMP (50 CFR
part 679).
Category I and II Commercial Fisheries in the Atlantic Ocean, Gulf of
Mexico, and Caribbean
Northeast Sink Gillnet Fishery
The Category I Northeast sink gillnet fishery targets Atlantic cod,
haddock, pollock, yellowtail flounder, winter flounder, witch flounder,
American plaice, windowpane flounder, spiny dogfish, monkfish, silver
hake, red hake, white hake, ocean pout, skate spp, mackerel, redfish,
and shad. This fishery uses sink gillnet gear, which is anchored
gillnet (bottom-tending net) fished in the lower one-third of the water
column. The dominant material is monofilament twine with stretched mesh
sizes from 6-12 in (15-30.5 cm) and string lengths from 600-10,500 ft
(183-3,200 m), depending on the target species. The fishery operates
from the U.S.-Canada border to Long Island, NY, at 72[deg] 30' W. long.
south to 36[deg] 33.03' N. lat. (corresponding with the VA/NC border)
and east to the eastern edge of the EEZ, including the Gulf of Maine,
Georges Bank, and Southern New England, and excluding Long Island Sound
or other waters where gillnet fisheries are listed as Category III. At
this time, these Category II and II fisheries include: the Northeast
anchored float gillnet; Northeast drift gillnet; Long Island Sound
inshore gillnet; and RI, southern MA (to Monomoy Island), and NY Bight
(Raritan and Lower NY Bays) inshore gillnet. Fishing effort occurs
year-round, peaking from May to July primarily on continental shelf
regions in depths from 30-750 ft (9-228.6 m), with some nets deeper
than 800 ft (244 m).
This fishery is managed by the Northeast Multispecies (Groundfish)
FMP and the Monkfish FMP. This fishery is also managed by the Atlantic
Large Whale Take Reduction Plan (ALWTRP) and the Harbor Porpoise Take
Reduction Plan (HPTRP) to reduce the risk of entanglement of right,
humpback, and fin whales, and harbor porpoises, respectively. The
fishery is primarily managed by Total Allowable Catch (TAC) limits;
individual trip limits (quotas); effort caps (limited number of days at
sea per vessel); time and area closures; and gear restrictions.
Mid-Atlantic Gillnet Fishery
The Category I Mid-Atlantic gillnet fishery targets monkfish, spiny
dogfish, smooth dogfish, bluefish, weakfish, menhaden, spot, croaker,
striped bass, large and small coastal sharks, Spanish mackerel, king
mackerel, American shad, black drum, skate spp., yellow perch, white
perch, herring, scup, kingfish, spotted seatrout, and butterfish. The
fishery uses drift and sink gillnets, including nets set in a sink,
stab, set, strike, or drift fashion, with some unanchored drift or sink
nets used to target specific species. The dominant material is
monofilament twine with stretched mesh sizes from 2.5-12 in (6.4-30.5
cm), and string lengths from 150-8,400 ft. (46-2,560 m). This fishery
operates year-round west of a line drawn at 72[deg] 30' W. long. south
to 36[deg] 33.03' N. lat. and east to the eastern edge of the EEZ and
north of the NC/SC border, not including waters where Category II and
Category III inshore gillnet fisheries operate in bays, estuaries, and
rivers. At this time, these Category II and Category III fisheries
include: the Chesapeake Bay inshore gillnet; NC inshore gillnet; DE
River inshore gillnet; Long Island Sound inshore gillnet; and RI,
southern MA (to Monomy Island), and NY Bight (Raritan and Lower NY
Bays) inshore gillnet. This fishery includes any residual large pelagic
driftnet effort in the mid-Atlantic and any shark and dogfish gillnet
effort in the mid-Atlantic zone described. The fishing effort is
prosecuted right off the beach (6 ft [1.8 m]) or in nearshore coastal
waters to offshore waters (250 ft [76 m]).
Gear in this fishery is managed by several Federal FMPs and Inter-
State FMPs managed by the Atlantic States Marine Fisheries Commission
(ASMFC), the ALWTRP, the HPTRP, and the Bottlenose Dolphin Take
Reduction Plan (BDTRP). Fisheries are primarily managed by TACs;
individual trip limits (quotas); effort caps (limited number of days at
sea per vessel); time and area closures; and gear restrictions and
modifications.
Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline
Fishery
The Category I Atlantic Ocean, Caribbean, Gulf of Mexico large
pelagics longline fishery targets swordfish, yellowfin tuna, bigeye
tuna, bluefin tuna, albacore tuna, dolphin fish, wahoo, shortfin mako
shark, and a variety of other shark species. The fishery uses a
mainline of >700 lb (317.5 kg) test monofilament typically ranging from
10-45 mi (16-72 km) long. Bullet-shaped floats are suspended at regular
intervals along the mainline and long sections of gear are marked by
radio beacons. Long gangion lines of 200-400 lb (91-181 kg) test
monofilament of typically 100-200 ft (30.5-61 m) are suspended from the
mainline. Only certain sized hooks and baits are allowed based on
fishing location. Hooks are typically fished at depths between 40-120
ft (12-36.6 m). Longlines targeting tuna are typically set at dawn are
hauled near dusk, while longlines targeting swordfish are typically set
at night and hauled in the morning. Gear remains in the water typically
for 10-14 hours. Fishermen generally modify only select sections of
longline gear to target dolphin or wahoo, with the remaining gear
configured to target swordfish, tuna, and/or sharks.
This fishery operates year-round and occurs within and outside the
U.S. EEZ throughout Atlantic, Caribbean and Gulf
[[Page 66056]]
of Mexico waters. The fishery has historically been composed of five
relatively distinct segments with different fishing practices and
strategies, including: Gulf of Mexico yellowfin tuna fishery; South
Atlantic-Florida east coast to Cape Hatteras swordfish fishery; Mid-
Atlantic and New England swordfish and bigeye tuna fishery; U.S.
distant water swordfish fishery; and Caribbean Islands tuna and
swordfish fishery. In addition to geographical area, these segments
have historically differed by percentage of various target and non-
target species, gear characteristics, and deployment techniques.
This fishery is managed under the Consolidated Atlantic HMS FMP.
The dolphin and wahoo portions of the fishery are managed under the
South Atlantic FMP for Dolphin and Wahoo. Regulations under the MSA
address the target fish species, as well as bycatch species protected
under the ESA and/or the MMPA. A portion of this fishery is the subject
of the Pelagic Longline Take Reduction Team (PLTRT), convened in 2005.
NMFS is currently developing regulations to implement the Take
Reduction Plan.
Northeast/Mid-Atlantic American Lobster Trap/Pot Fishery
The Category I Northeast/Mid-Atlantic American lobster trap/pot
fishery targets American lobster primarily with traps, while 2-3
percent of the target species is taken by mobile gear (trawls and
dredges). The fishery operates in inshore and offshore waters from ME
to NJ and may extend as far south as Cape Hatteras. Approximately 80
percent of American lobster are harvested from state waters; therefore,
the ASMFC has a primary regulatory role. The EEZ portion of the fishery
operates under regulations from the Federal American Lobster FMP. Both
the EEZ and state fishery are operating under Federal regulations from
the ALWTRP.
Northeast Anchored Float Gillnet Fishery
The Category II Northeast anchored float gillnet fishery targets
mackerel, herring (particularly for bait), shad, and menhaden using
gillnet gear of any size anchored and fished in the upper two-thirds of
the water column. The fishery operates from the U.S.-Canada border to
Long Island, NY, at 72[deg] 30' W. long south to 36[deg] 33.03' N. lat.
and east to the eastern edge of the EEZ, not including Long Island
Sound or other waters where gillnet fisheries are listed as Category
III. The fishery is managed under the Interstate FMPs for Atlantic
Menhaden and Shad and is subject to ALWTRP implementing regulations. A
total closure of the American shad ocean intercept fishery was fully
implemented in January, 2005.
Northeast Drift Gillnet Fishery
The Category II Northeast drift gillnet fishery targets species
other than large pelagics, including shad, herring, mackerel, and
menhaden. This fishery uses drift gillnet gear, which is gillnet gear
not anchored to the bottom and is free-floating on both ends or free-
flowing at one end and attached to the vessel at the other end. Mesh
sizes are likely less than those used to target large pelagics. The
fishery includes any residual large pelagic driftnet effort in New
England and occurs at any depth in the water column from the U.S.-
Canada border to Long Island, NY, at 72[deg] 30' W. long. south to
36[deg] 33.03' N. lat. and east to the eastern edge of the EEZ. The
fishery is managed under the Interstate FMPs for Atlantic Menhaden and
Shad and is subject to ALWTRP implementing regulations. A total closure
of the American shad ocean intercept fishery was fully implemented in
January, 2005.
Chesapeake Bay Inshore Gillnet Fishery
The Category II Chesapeake Bay inshore gillnet fishery targets
menhaden and croaker using gillnet gear with mesh sizes ranging from
2.75-5 in (7-12.7 cm), depending on the target species. The fishery
operates between the Chesapeake Bay/Bridge Tunnel and the mainland. The
fishery is managed under the Interstate FMPs for Atlantic Menhaden and
Atlantic Croaker.
Northeast Mid-Water Trawl (Including Pair Trawl) Fishery
The Category II Northeast mid-water trawl fishery targets Atlantic
herring with bycatch of several finfish species, predominantly
mackerel, spiny dogfish, and silver hake. This fishery uses primarily
mid-water (pelagic) trawls (single and paired), which is trawl gear
designed, capable, or used to fish for pelagic species with no portion
designed to be operated in contact with the bottom. The fishery occurs
primarily in ME State waters, Jeffrey's Ledge, southern New England,
and Georges Bank during the winter months when the target species
continues its southerly migration from the Gulf of Maine/Georges Bank,
into mid-Atlantic waters. The fishery is managed jointly by the Mid-
Atlantic Fishery Management Council and the ASMFC as a migratory stock
complex.
Mid-Atlantic Flynet Fishery
The Category II Mid-Atlantic flynet fishery is a multispecies
fishery composed of nearshore and offshore components that operate
along the eastern coast of the Mid-Atlantic United States. Flynets are
high profile trawls similar to bottom otter trawls. These nets
typically range from 80-120 ft (24-36.6 m) in headrope length, with
wing mesh sizes of 16-64 in (41-163 cm), following a slow 3:1 taper to
smaller mesh sizes in the body, extension, and codend sections of the
net. The nearshore fishery operates from October to April inside of 30
fathoms (180 ft; 55 m) from NC to NJ. This nearshore fishery targets
Atlantic croaker, weakfish, butterfish, harvestfish, bluefish,
menhaden, striped bass, kingfishes, and other finfish species. Flynet
fishing is no longer permitted south of Cape Hatteras in order to
protect weakfish stocks. The offshore component operates from November
to April outside of 30 fathoms (180 ft; 55 m) from the Hudson Canyon
off NY, south to Hatteras Canyon off NC. These deeper water fisheries
target bluefish, Atlantic mackerel, Loligo squid, black sea bass, and
scup (72 FR 7382, February 15, 2007). Illex Squid are also targeted
offshore (70-200 fathoms [420-1,200 ft; 128-366 m]) during summer
months from May to September.
Northeast Bottom Trawl Fishery
The Category II Northeast bottom trawl fishery uses bottom trawl
gear to target species included in the NE Multispecies FMP, Summer
Flounder FMP, and Scup and Seabass FMP, including, but not limited to:
Atlantic cod, haddock, pollock, yellowtail flounder, winter flounder,
witch flounder, American plaice, Atlantic halibut, redfish, windowpane
flounder, summer flounder, spiny dogfish, monkfish, silver hake, red
hake, white hake, ocean pout, and skate spp. The fishery operates year-
round, with a peak from May to July, from the U.S.-Canada border
through waters east of 72[deg] 30' W. long., primarily on the
continental shelf and throughout the Gulf of Maine, Georges Bank, and
Southern New England. The fishery is primarily managed by TACs,
individual trip limits (quotas), effort caps (limited number of days at
sea per vessel), time and area closures, and gear restrictions.
VA Pound Net Fishery
The Category II VA pound net fishery targets weakfish, spot, and
croaker using stationary gear in nearshore coastal and estuarine waters
off VA. Pound net gear includes a large mesh lead posted
[[Page 66057]]
perpendicular to the shoreline and extending outward to the corral, or
``heart,'' where the catch accumulates. This fishery includes all pound
net effort in VA State waters, including waters inside the Chesapeake
Bay. The fishery is managed under Interstate FMPs for Atlantic Croaker
and Spot, and is an affected fishery under the BDTRP.
Atlantic Mixed Species Trap/Pot Fishery
The Category II Atlantic mixed species trap/pot fishery's target
species include, but are not limited to, hagfish, shrimp, conch/whelk,
red crab, Jonah crab, rock crab, black sea bass, scup, tautog, cod,
haddock, Pollock, redfish (ocean perch) white hake, spot, skate,
catfish, stone crab, American eel, and cunner. The fishery includes all
trap/pot operations from the U.S.-Canada border south through the
waters east of the fishery management demarcation line between the
Atlantic Ocean and the Gulf of Mexico (50 CFR 600.105), but does not
include the following Category I, II, and III trap/pot fisheries:
Northeast/Mid-Atlantic American lobster trap/pot; Atlantic blue crab
trap/pot; Florida spiny lobster trap/ pot; Southeastern U.S. Atlantic,
Gulf of Mexico stone crab trap/pot; U.S. Mid-Atlantic eel trap/pot
fisheries; and the Southeastern U.S. Atlantic, Gulf of Mexico golden
crab fishery (68 FR 1421, January 10, 2003). The fishery is managed
under various Interstate FMPs and is subject to ALWTRP implementing
regulations.
Atlantic Blue Crab Trap/Pot Fishery
The Category II Atlantic blue crab trap/pot fishery targets blue
crab using pots baited with fish or poultry typically set in rows in
shallow water. The pot position is marked by either a floating or
sinking buoy line attached to a surface buoy. The fishery occurs year-
round from the south shore of Long Island at 72[deg] 30' W. long. in
the Atlantic and east of the fishery management demarcation line
between the Atlantic Ocean and the Gulf of Mexico (50 CFR 600.105),
including state waters. The fishery is managed under state FMPs, and is
subject to ALWTRP implementing regulations. It is also an affected
fishery under the BDTRP.
Mid-Atlantic Bottom Trawl Fishery
The Category II Mid-Atlantic bottom trawl fishery uses bottom trawl
gear to target species including, but not limited to, bluefish,
croaker, monkfish, summer flounder (fluke), winter flounder, silver
hake (whiting), spiny dogfish, smooth dogfish, scup, and black sea
bass. The fishery occurs year-round from Cape Cod, MA, to Cape
Hatteras, NC, in waters west of 72[deg] 30' W. long. and north of a
line extending due east from the NC/SC border. The gear is managed by
several state and Federal FMPs that range from MA to NC.
Mid-Atlantic Mid-Water Trawl (Including Pair Trawl) Fishery
The Category II Mid-Atlantic mid-water trawl fishery targets
Atlantic mackerel, Loligo squid, Illex squid, and Atlantic butterfish
using mainly mid-trawl gear, with some bottom trawls. The fishery is
dominated by small-mesh otter trawls, but Loligo squid are also taken
by inshore pound nets and fish traps in spring and summer. The fishery
for Illex occurs offshore, mainly in continental shelf and slope waters
during summer months (June to September), from southern New England to
Cape Hatteras, NC. The fishery for Loligo occurs mostly offshore near
the edge of the continental shelf during fall and winter months
(October to March), and inshore during spring and summer (April to
September) in southern New England and mid-Atlantic waters. The fishery
for Atlantic mackerel occurs primarily in southern New England and the
mid-Atlantic from January to March, and in the Gulf of Maine during
summer and fall (May to December). Atlantic butterfish are mainly
caught as bycatch in the directed squid and mackerel fisheries due to
their northerly inshore migration in summer months and southerly
offshore migration in winter months. The fishery is managed by the
Federal Squid, Mackerel, Butterfish FMP. The Illex and Loligo fisheries
are managed by moratorium permits, gear and area restrictions, quotas,
and trip limits. The Atlantic mackerel and Atlantic butterfish
fisheries are managed by an annual quota system.
Mid-Atlantic Haul/Beach Seine Fishery
Due to pending rulemakings by the NC Division of Marine Fisheries
(NCDMF), particularly pertaining to NC beach gear, NMFS is basing its
description of the Category II Mid-Atlantic haul/beach seine fishery on
the proposed 2001 LOF (66 FR 6545, January 22, 2001) and components of
the proposed 2008 LOF (72 FR 35393, June 28, 2007). NMFS is including
components of both definitions that more accurately reflect the current
fishery. This includes the following description: The Category II Mid-
Atlantic haul/beach seine fishery targets striped bass, mullet, spot,
weakfish, sea trout, bluefish, kingfish, and harvestfish using seines
with one end secured (e.g., swipe nets and long seines) and seines
secured at both ends or those anchored to the beach and hauled up on
the beach. The beach seine system also uses a bunt and a wash net that
are attached to the beach and extend into the surf. The fishery occurs
in waters west of 72[deg] 30' W. long. and north of a line extending
due east from the NC/SC border. The fishery is managed under several
state and Interstate FMPs and is an affected fishery under the BDTRP.
Further revision to the description of this fishery will appear in
a future LOF pending the NCDMF rulemakings.
Mid-Atlantic Menhaden Purse Seine Fishery
The Category II Mid-Atlantic menhaden purse seine fishery targets
menhaden and thread herring using purse seine gear. Most sets occur
within 3 mi (4.8 km) of shore with the majority of the effort occurring
off NC from November to January, and moving northward during warmer
months to southern New England. The fishery is managed under the
Interstate FMP for Atlantic Menhaden.
Southeastern U.S. Atlantic Shark Gillnet Fishery
The Category II Southeastern U.S. Atlantic shark gillnet fishery
targets large and small coastal sharks (blacktip, blacknose, finetooth,
bonnethead, and sharpnose) using gillnets set in a sink, stab, set,
strike, or drift fashion. Mesh size is typically greater than 5 in (13
cm), but may be as small as 2.87 in (7.3 cm) when targeting small
coastal sharks. Drift gillnets most commonly use a mesh size of 5 in
(13 cm) and average 10.2 hours from setting the gear through completion
of haulback; sink gillnets most frequently use a mesh size of 7 in (18
cm) soaking for approximately 2.7 hours; and strike gillnets use the
largest mesh size of 9 in (23 cm) soaking for approximately 0.8 hours.
This fishery has traditionally operated in coastal waters off FL and
GA.
This fishery is managed under the Consolidated Atlantic HMS FMP,
the ALWTRP, and the BDTRP, and is subject to ESA biological opinion
requirements. Regulations implemented under the MSA address managed
target species, as well as bycatch species, including some protected
under the ESA and MMPA (e.g., sea turtles, smalltooth sawfish, and
right whales).
Southeast Atlantic Gillnet Fishery
The Category II Southeast Atlantic gillnet fishery targets finfish
including, but not limited to, king mackerel, Spanish mackerel,
whiting, bluefish, pompano, spot, croaker, little tunny, bonita, jack
crevalle, cobia, and striped mullet. This fishery does not include
[[Page 66058]]
gillnet effort targeting sharks as part of the ``Southeastern U.S.
Atlantic shark gillnet'' fishery. This fishery uses gillnets set in
sink, stab, set, or strike fashion. The fishery operates in waters
south of a line extending due east from the NC/SC border and south and
east of the fishery management council demarcation line between the
Atlantic Ocean and the Gulf of Mexico. The majority of fishing effort
occurs in Federal waters since SC, GA, and FL prohibit the use of
gillnets, with limited exceptions, in state waters.
Fishing for king mackerel, Spanish mackerel, cobia, cero, and
little tunny in Federal waters is managed under the Coastal Migratory
Pelagic Resources (CMPR) FMP. None of the other target species are
Federally managed under the MSA. In state waters, state and ASMFC
Interstate FMPs apply. The fishery is also subject to BDTRP and ALWTRP
implementing regulations.
NC Inshore Gillnet Fishery
The Category II NC inshore gillnet fishery targets species
including, but not limited to, southern flounder, weakfish, bluefish,
Atlantic croaker, striped mullet, spotted seatrout, Spanish mackerel,
striped bass, spot, red drum, black drum, and shad. This fishery
includes any fishing effort using any type of gillnet gear, including
set (float and sink), drift, and runaround gillnet for any target
species inshore of the COLREGS lines in NC. This fishery is managed
under state and ASMFC interstate FMPs, applying net and mesh size
regulations, and seasonal area closures in the Pamlico Sound Gillnet
Restricted Area (PSGNRA). It is also an affected fishery under the
BDTRP.
Gulf of Mexico Gillnet Fishery
The Category II Gulf of Mexico gillnet fishery targets a wide
variety of target species, including, but not limited to: black drum,
sheepshead, weakfish, mullet, spot, croaker, king mackerel, Spanish
mackerel, Florida pompano, flounder shark, menhaden, bluefish, blue
runner, ladyfish, spotted seatrout, croaker, kingfish, and red drum.
This fishery operates year-round using any type of gillnet, including
strike and straight gillnets, in waters north of the U.S.-Mexico border
and west of the fishery management council demarcation line between the
Atlantic Ocean and the Gulf of Mexico. Gillnet gear is prohibited in TX
and FL State waters, but fixed and runaround gillnets are currently
used in LA, MS, and AL with highly variable fishing effort.
Fishing for king mackerel, Spanish mackerel, cobia, cero, little
tunny, dolphin, and bluefish are managed under the CMPR FMP. In the
Gulf of Mexico, CMPR FMP species are the only Federally managed species
for which gillnet gear is authorized, and only run-around gillnetting
for these species is allowed. In state waters, state and Gulf States
Marine Fisheries Commission (GSMFC) Interstate FMPs apply.
NC Long Haul Seine Fishery
The Category II NC long haul seine fishery targets species
including, but not limited to, weakfish, spot, croaker, menhaden,
bluefish, spotted seatrout, and hogfish using multi-filament seines
consisting of a 3,000-6,000 ft (914-1,829 m) net pulled by two boats
for 1-2 nmi (2-4 km). Fish are encircled and concentrated by pulling
the net around a fixed stake. The fishery includes fishing with long
haul seine gear to target any species in waters off NC, including
estuarine waters in Pamlico and Core Sounds and their tributaries. The
fishery occurs from February to November, with peak effort occurring
from June to October. The fishery is managed under ASMFC interstate
FMPs, and is an affected fishery under the BDTRP.
NC Roe Mullet Stop Net Fishery
The Category II NC roe mullet stop net fishery targets striped
mullet from October to November using a stationary, multi-filament
anchored net extended perpendicular to the beach. Once the catch
accumulates near the end of the stop net, a beach haul seine is used to
capture fish and bring them ashore. The stop net is traditionally left
in the water for 1-5 days, but can be left as long as 15 days. This
fishery is unique to Bogue Banks, NC. This fishery is managed under the
NC Striped Mullet FMP, and is an affected fishery under the BDTRP.
Gulf of Mexico Menhaden Purse Seine Fishery
The Category II Gulf of Mexico menhaden purse seine fishery targets
menhaden and thread herring using purse seine gear in bays, sounds, and
nearshore coastal waters along the Gulf of Mexico coast. The majority
of the fishing effort is concentrated off LS and MS, with lesser effort
in AL and TX State waters. FL prohibits the use of purse seines in
state waters. The fishery is managed under the GSMFC Interstate Gulf
Menhaden FMP.
Comments and Responses
NMFS received 10 comment letters and 1 comment via phone on the
proposed 2008 LOF (72 FR 35393, June 28, 2007) from the Marine Mammal
Commission, Hawaii Longline Association, Western Pacific Regional
Fishery Management Council, Mid-Atlantic Fishery Management Council,
Pacific Fishery Management Council's Groundfish Management Team, Gulf
States Marine Fisheries Commission, Center for Biological Diversity, 2
representatives of the commercial fishing industry, and 2
representatives of Federal agencies. Comments on issues outside the
scope of the LOF were noted, but are not responded to in this final
rule.
General Comments
Comment 1: Two commenters commended NMFS for describing all
Category I and II fisheries within the proposed 2008 LOF. While
additional description materials are available elsewhere, one commenter
believes these descriptions provide important context for readers
attempting to evaluate the LOF. One commenter recommended NMFS describe
all Category III fisheries in future LOFs.
Response: NMFS will consider describing Category III fisheries in
future LOFs.
Comment 2: Two commenters commended NMFS for publishing the
proposed 2008 LOF early enough to allow for ample time to review and
comment on the rule, as well as to publish a final 2008 LOF before the
beginning of the 2008 calendar year.
Response: NMFS will make every effort to publish future proposed
LOFs by July of each year, to allow sufficient time for review and
comment by organizations and individuals. This will also allow NMFS to
publish the final LOF in time for the rule to become effective by
January 1 of the respective calendar year.
Comment 3: One commenter commended NMFS for its support of
depredation studies, as outlined in response to comments in the final
2007 LOF (72 FR 14466, March 28, 2007). The commenter encourages NMFS
to continue and enhance its efforts to evaluate and address this
developing issue.
Response: NMFS will continue to develop, conduct, and support
research efforts on depredation-related interactions between marine
mammals and fisheries as funding is available. See the response to
Comment 1 in the final 2007 LOF (72 FR 14466, March 28, 2007) for
details on research conducted in the past and research currently being
conducted.
Comment 4: One commenter reiterated previous letters on the 2005,
2006, and 2007 LOFs calling for the inclusion of observer coverage on
the LOF. The Service indicated in its response to comments on the final
2007
[[Page 66059]]
LOF that it would ``present information associated with the level of
observer coverage or lack of observer coverage, if available, as part
of the justification for proposing changes in future [lists].''
However, information on observer coverage is not provided in the
justification for reclassifying the ``CA yellowtail, barracuda, and
white seabass drift gillnet'' fishery in the proposed 2008 LOF.
Further, the commenter also believes observer information is important
for justifying the status quo. Without such information, it is not
possible to determine whether a given fishery was adequately observed
and no marine mammals were taken or the fishery was not adequately
observed and mortality and serious injury may have occurred, but were
not documented.
Response: Please see responses to Comment 6 in the final 2005 LOF
(71 FR 250, January 4, 2006), Comment 4 in the final 2006 LOF (71 FR
48802, August 22, 2006), and Comment 8 in the final 2007 LOF (72 FR
14466, March 28, 2007). NMFS still feels that it will be of limited use
to include observer coverage data or percentages in the LOF without
also including the confidence associated with mortality/serious injury
estimates generated from observer data. Presenting the level of
observer coverage in the LOF without the associated confidence
information will likely lead to misinterpretation of the information
provided. Information including details of the interaction data and the
Coefficient of Variance (CV) for stock-specific information is reported
in the SARs. NMFS continues to refer readers to the SARs for the most
current, peer-reviewed information on observer coverage. The SARs can
be accessed through the NMFS Office of Protected Resource's web site
at: http://www.nmfs.noaa.gov/pr.sars/. Additional information can also
be found on the National Observer Program web site at: http://www.st.nmfs.gov/st4/nop/.
NMFS acknowledges the lack of inclusion of observer information in
the explanation for the proposed elevation of the ``CA yellowtail,
barracuda, and white seabass drift gillnet'' fishery in the proposed
2008 LOF. This was an unintentional oversight. NMFS will ensure that
information on observer coverage, if available, is included as part of
the justification for proposing classification changes in future LOFs.
NMFS has corrected this oversight here: In the draft 2007 Pacific
Marine Mammal Stock Assessments, the level of observer coverage in the
CA small mesh drift gillnet fishery for white seabass, yellowtail, and
barracuda observer coverage was listed as 11 percent in 2002 and 2003.
During the public comment of the draft 2007 SARs, errors were found in
the listed levels of observer coverage in the CA small mesh drift
gillnet for white seabass, yellowtail, and barracuda. The correct
levels of observer coverage for 2002, 2003, and 2004, are 11.5 percent,
10.4 percent and 17.6 percent, respectively. There has been no observer
coverage in this fishery since 2004. NMFS is seeking funding to observe
this fishery in 2008.
Comment 5: One commenter reiterated previous comments made on the
2004 and 2007 LOFs for inclusion of high seas fisheries on the LOF.
Multiple high sea fisheries, in which U.S.-flagged vessels operate, are
known to interact or are likely to interact with marine mammals.
Section 118 of the MMPA applies to ''commercial fishing operations by
persons using vessels of the United States.'' Therefore, NMFS failure
to include these high seas fisheries is unlawful. The commenter notes
that NMFS responded in 2004 stating, ``NMFS will consider this comment
and whether the LOF applies to high seas fisheries during the
development of future proposed LOFs (69 FR 48407, August 10, 2004). The
commenter recognized that the proposed 2008 LOF provides a longer
explanation of the issue of high seas fisheries, but NMFS has continued
to fail to analyze these fisheries and include them on the LOF.
Specific fisheries suggested as additions to the LOF are the Cobb
Seamount fishery, Pacific pelagic squid jig fishery, South Pacific tuna
purse seine fishery, and fisheries in the area of the Convention on the
Conservation of Antarctic Marine Living Resources (CCAMLR) including
the Patagonian toothfish longline fishery and a trawl fishery for
krill.
Response: NMFS is continuing to consider the inclusion of U.S.-
authorized high seas fisheries in future LOFs. Also, NMFS is gathering
available information on the fishing effort, gear used, and marine
mammal interaction levels specific to U.S. vessels operating in high
seas fisheries. NMFS faces significant challenges in accurately
categorizing high seas fisheries in the LOF. As discussed under in the
preamble of this rule, fisheries are categorized in the LOF based on
the level of mortality and serious injury of marine mammal stocks
relevant to the stock's PBR level. PBR levels are calculated based on
the stock's abundance using data presented in the SARs, required under
section 117 of the MMPA (16 U.S.C. 1386). Section 117 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
therefore calculate PBR levels, for marine mammal stocks on the high
seas. NMFS will continue to explore options for categorizing high seas
fisheries in a future LOF in the absence of marine mammal stock
abundance and PBR level information. Please see response to Comment 9
in the final 2007 LOF (72 FR 14466, March 28, 2007) and the preamble of
this rule for information on NMFS current efforts.
NMFS provides high seas fishing permits under the High Seas Fishing
Compliance Act (HSFCA). NMFS issues permits only for high seas
fisheries analyzed in accordance with the NEPA and the ESA. There are
currently 7 U.S.-authorized high seas fisheries: Atlantic Highly
Migratory Species Fisheries (50 CFR 635), Pacific Highly Migratory
Species Fisheries (50 CFR 660, subpart K), Western Pacific Pelagic
Fisheries (50 CFR 665, subpart C), South Pacific Albacore Troll
Fishing, Pacific Tuna Fisheries (50 CFR 300, subpart C), South Pacific
Tuna Fisheries (50 CFR 300, subpart D), and the Antarctic Marine Living
Resources (50 CFR 300, subpart G). For more information please see the
NMFS Office of International Affairs HSPCA information website: http://www.nmfs.noaa.gov/ia/services/highseas.htm.
The commenter suggested the addition of several specific high sea
fisheries to the LOF, including the Cobb Seamount fishery, Pacific
pelagic squid jig fishery, South Pacific tuna purse seine fishery, and
fisheries in the CCAMLR area including the Patagonian toothfish
longline fishery and a trawl fishery for krill. Currently, NMFS does
not authorize U.S. vessels to participate in the Cobb Seamount fishery
or the Pacific pelagic squid jig fishery. Therefore, these fisheries
would not be considered for addition to the LOF. Also, the South
Pacific tuna purse seine fishery is managed separately under section
301 of the MMPA (16 U.S.C. 1411); therefore, it would not be added to
the LOF required under section 118 of the MMPA. Regarding the CCAMLR
fisheries, in the past there has been a single U.S. vessel
participating in the trawl fishery for krill. However, this vessel has
not fished in the last 2 years. Also, in the past there have been 2
U.S. vessels (under 1 owner) participating in the Patagonian toothfish
longline fishery. NMFS has not received any permit applications for
U.S. vessels to participate in either of the CCAMLR fisheries in the
coming year.
Comment 6: One commenter stated that all Category I and II
fisheries not already subject to take reduction teams should promptly
have such teams
[[Page 66060]]
convened for them. The Category I HI longline fishery should be the
highest priority as takes continue to exceed PBR for false killer
whales.
Response: At this time, NMFS' resources for TRTs are fully utilized
and new TRTs will be initiated when additional resources become
available. When additional TRTs are convened, they will follow
priorities set out in section 118(f)(3) of the MMPA (16 U.S.C. 1387).
When there is insufficient funding available to develop and implement a
TRT for all stocks that interact with Category I and II fisheries, the
highest priority for developing and implementing new TRTs will be given
to species or stocks whose level of incidental mortality and serious
injury exceeds PBR, those with a small population size, and those which
are declining most rapidly.
Comments on Fishery Classification Methodology
Comment 7: One commenter reiterated previous recommendations that
NMFS revise the dividing PBR thresholds for Category I and II
fisheries. The current range for a Category II fishery is an
interaction rate between 1 percent and 50 percent of a stock's PBR,
which is too broad and unnecessarily lumps fisheries with rare
interactions alongside fisheries with numerous interactions. NMFS uses
catch as a proxy for fishing effort, unreasonably large expansion
factors, and double counting of interactions, resulting in one rare
event in a fishery being expanded into an unrealistic overestimation of
takes. Given the precautionary methodology in the PBR formula, the
minimum threshold for Category II should be increased from 1 percent to
10 percent of PBR. Interactions under 10 percent of PBR should be a
Category III. In doing so, rare events (i.e., 1 take in 5 years) would
result in a Category III instead of a Category II classification.
Response: NMFS implemented the classification criteria in the final
regulations to implement the 1994 amendments to the MMPA (60 FR 45086,
August 30, 1995) after ample consideration of comments and suggestions
from the public. NMFS refers the reader to the response to comments 5
through 9 in that rule for a detailed explanation of the reasoning for
setting the dividing thresholds between Category II and III as 1
percent of PBR. NMFS also finalized an Environmental Assessment (EA) in
August, 1995, to analyze the impacts of the regulations implementing
the 1994 amendments on the environment and the public. NMFS also
finalized a revised EA in December 2005 on the process of classifying
U.S. commercial fisheries. A full copy of the updated 2005 EA can be
found at http://www.nmfs.noaa.gov/pr/pdfs/interactions/lof_ea.pdf.
The fishery classification criteria consider the rate of incidental
serious injury and mortality of marine mammals in commercial fisheries
on a stock-specific basis. Therefore, the rate of interaction of a
fishery with a marine mammal stock with a low PBR can be significant
even if it appears to be a minimal problem based on the size of the
fishery or frequency of the interactions. The chosen approach allows
NMFS to focus management actions where fishery interactions have a
significant negative effect on the population.
In addition to the 1-percent threshold, the definitions of Category
II and III fisheries include qualitative criteria that allow the
Assistant Administrator for Fisheries to place a fishery into Category
II or III in the absence of reliable information. This qualitative
criteria will allow the Assistant Administrator to take into
consideration cases where the PBR level for a particular stock is very
low and/or where the level of incidental interaction with commercial
fisheries is low and not likely to delay the population's attainment of
its Optimum Sustainable Population. See the general description of the
two-tiered scheme and qualitative criteria that may be used to classify
a fishery in the preamble in this rule under Fishery Classification
Criteria.
Comment 8: One commenter questioned NMFS' inconsistent use of time
periods in the LOF, instead of always including interaction data from
the most recent 5-year period (e.g. 2002-2006 for the 2006 SAR). For
some fisheries, including those with high levels of observer coverage,
the time period used to calculate annual take rates to categorize
fisheries is 2000-2004. For other fisheries the time period is 2001-
2005. Given that the most recent final SAR is 2006, why isn't the time
period used to calculate annual interaction rates and classify
fisheries for all fisheries 2002-2006? Or consistent for those
fisheries with observer coverage every year?
Response: Fishery classifications on the LOF are based on
interaction data published in the most recent SARs, when available.
SARs are revised on a rotating schedule, so not all SARs will include
data from the same period of time. Section 117 of the MMPA requires
NMFS to review SARs for strategic stocks and for stocks for which
significant new information is available at least annually, and at
least once every 3 years for all other stocks, and make changes if
necessary. Therefore, while the SARs for strategic stocks are reviewed
annually and updated if new information is available, SARs for non-
strategic stocks may be updated only once every 3 years.
Also, it takes approximately a full year to develop new, final
SARs. The annual interaction rates presented in the SARs are based on
the most current observer data available. The draft SARs for 2006 were
prepared in the fall of 2005; at which time, observer data for 2004
were the most current data available. Observer data for 2005 became
available in 2006 and were incorporated into the draft SARs for 2007,
which was published in June, 2007.
Comment 9: One commenter questioned NMFS' continued use of a
recovery factor of 0.1 in the PBR formula for most whale stocks instead
of updating the recovery factor based on new information. The commenter
cited various sections of the GAMMS Workshop Report (Wade and Angliss,
1996) discussing recovery factors, including text stating that recovery
factors can be adjusted to accommodate additional information, when
mortality estimates are known to be relatively unbiased based on high
observer coverage, and to allow for management discretion as consistent
with the goals of the ESA and MMPA. The commenter cites 3 examples in
the report of recovery factors for ESA listed stocks being altered.
Response: This comment is not specifically relevant to the LOF.
While fisheries on the LOF are categorized based on the incidental
mortality and serious injury relevant to a marine mammal stock's PBR,
the calculation of PBR levels are completed and peer-reviewed during
the annual SARs process. NMFS urges the commenter to present these
comments during the public comment period for the draft 2008 SARs, as
the comment period for the draft 2007 SARs has closed.
Comment 10: One commenter stated that a take in which the marine
mammal stock cannot be determined should not be counted as a take for 2
separate stocks, but should be apportioned across the 2 stocks in
question using a weighted probability.
Response: See response to Comments 13 and 14 in the final 2005 LOF
(71 FR 247, January 4, 2006) and Comment 10 in the final 2003 LOF (68
FR 41725, July 15, 2003) for detailed responses to the same comment.
Where there is considerable uncertainty regarding to
[[Page 66061]]
which stock a serious injury or mortality should be assigned, NMFS
exercises a conservative approach of assigning the serious injury or
mortality to both stocks. Clearly, if information were available
regarding the location of take, genetics of the taken animal, or other
conclusive information linking the serious injury or mortality to a
specific stock, NMFS would use it to assign the take to a specific
stock. Also, NMFS continues to conduct research and review data to
determine to which stock an incidental mortality or serious injury can
be assigned. For example, in this final rule NMFS is removing the Gulf
of Alaska, Aleutian Islands, and Bering Sea transient stock of killer
whales from the list of species incidentally injured or killed in two
AK fisheries based on genetic analyses of tissue samples collected by
observers over the past few years, which revealed that the interaction
occurred with the resident stock of killer whales (see below under
Summary of Changes to the LOF for 2008).
Comment 11: One commenter stated that if NMFS persists in using
observed catch as a proxy of effort and expands observed takes, then
takes that occur outside of the observed sample should not be counted.
The apparent point of expansion is to make an estimate for the
``unobserved'' takes; therefore, counting takes in the unobserved
sample is double counting.
Response: See response to Comments 19 and 20 in the final 2005 LOF
(71 FR 247, January 4, 2006) for a very detailed response to the same
comment. Also see response to and Comment 47 in the Notice of
Availability for the 2005 SARs (71 FR 26430, May 4, 2006). The analysis
of bycatch is stratified into many different strata, and estimates of
bycatch are calculated for each individual stratum using data from
monitored hauls. If an observer reported an injury or mortality
incidental to a non-monitored haul, and there were no injuries or
mortalities from monitored hauls in that strata, the report in the non-
monitored haul is used as the estimate of serious injury and mortality
for that stratum. Data from non-monitored hauls are not extrapolated
using the ratio estimation approach but are simply added to an
extrapolation using observer data from monitored hauls.
Comments on Fisheries in the Pacific Ocean
Comment 12: Two commenters questions the SAR for false killer
whales in HI. One commenter stated that the proposed 2008 LOF
perpetuates serious errors and uncertainties found in NMFS' SAR for
false killer whales, errors which persist in the draft 2007 SAR. NMFS'
SAR conflates false killer whale stocks, underestimates false killer
whale abundance, and overestimates the seriousness of the deep-set
longline fishery's (within the Category I HI longline fishery)
interactions with false killer whales.
The second commenter stated that there is no scientifically
recognized HI stock of false killer whales that the proposed LOF lists
as incidentally killed or injured in the Category I HI longline
fishery. There are large uncertainties in the available science for a
``HI'' stock, including the fact that NMFS' population assessment is
based on a single sighting. Available information indicates that the
HI-based tuna longline fishery interacts with a larger Eastern North
Pacific stock of false killer whales. This information needs to be
presented and objectively discussed by NMFS and outside peers.
Response: This comment pertains to the SAR for false killer whales,
HI stock, and has been recently addressed in the response to comments
46-67 in the Notice of Availability of the final 2006 SARs (72 FR
12774, March 19, 2007). NMFS stands by the analysis of the false killer
whale stocks and recognizes that it is the best information currently
available. NMFS will continue to work to reduce any uncertainties that
may be associated with this stock assessment. Comment 13: Two
commenters recommended that NMFS distinguish between the shallow-set
and the deep-set fisheries in the Category I HI longline fishery. The
HI longline fishery should be split into 2 fisheries based on the fact
that the shallow-set and deep-set fisheries have different target
species, operating patterns, management regimes, and interaction rates.
Splitting the HI longline fishery into two fisheries would result in a
Category I deep-set fishery and a Category III shallow-set fishery. The
shallow-set fishery began commercial fishing in late 2004 and is
distinct from the deep-set fishery in that it targets swordfish while
the deep-set fishery targets tuna; uses different gear (including the
number of hooks, gangions and float intervals); uses different bait;
and fishes in different areas of the Pacific Ocean (generally does not
operate within the HI EEZ) at different times of day. The shallow-set
fishery, which has 100 percent observer coverage, has significantly
different interaction and mortality rates involving protected species.
An interaction with a false killer whale has never been observed in the
shallow-set fishery. Also, the shallow-set and deep-set fisheries are
managed differently by the Western Pacific Regional Fishery Management
Council and NMFS and have entirely different regulatory requirements.
Response: The commenters requested that the HI longline fisheries
be split and subsequently listed in the LOF as two separately managed
commercial fisheries: (1) the deep-set (tuna target) fishery; and (2)
the shallow-set (swordfish target) fishery. This is the first request
to split the fishery in this manner that NMFS has received to date.
NMFS believes the request to split the HI longline fishery into two
fisheries (the deep-set fishery and the shallow-set fishery) for
purposes of the LOF has merit, and is therefore taking the commenters'
request under consideration. Indeed, NMFS has split other fisheries in
prior year's LOFs based upon factors such as different target species,
operating patterns, regulations, marine mammal interaction rates, etc.
However, if NMFS were to split the HI longline fishery into a deep-set
and shallow-set fishery in the LOF, and then potentially re-categorize
the shallow-set fishery as a Category III fishery, these changes would
necessarily be presented in the 2009 Proposed LOF, and not in the 2008
Final LOF, as making such considerable changes between a ``Proposed''
and ``Final'' draft of the LOF would negate the important public
comment and response period required for agency rulemaking.
Additionally, if NMFS were to make the changes articulated above,
NMFS would need to consider whether the current system under which the
HI longline fishery is permitted would also need to be changed. The HI
longline fishery is managed, in part, under the Fishery Management Plan
(FMP) for Pelagic Fisheries of the Western Pacific Region (Pelagics
FMP), as amended. The Pelagics FMP and its amendments are developed by
the Western Pacific Fishery Management Council under the authority of
the MSA, 16 U.S.C. 1801 et seq. NMFS also promulgates regulations under
the MSA to administer enforceable elements of the Pelagics FMP.
Currently, participants in the HI longline fishery are required to
obtain a single HI Longline Limited Entry Permit whether they intend to
engage in deep-set longline fishing, shallow-set longline fishing, or
both. Integrated with the single Limited Entry Permit requirement is
the MMAP Certificate. Any vessel engaging in a Category I or II fishery
must obtain a MMAP certificate from NMFS in order to lawfully
incidentally take a marine mammal in a commercial fishery. Unless the
current fishery permitting system under the FMP is
[[Page 66062]]
likewise amended, the single Limited Entry Permit would still require a
MMAP certificate even if the longline fishery was subsequently split
into Category I deep-set and Category III shallow-set fisheries. NMFS
will be soliciting comments on these and other issues in the 2009
Proposed LOF.
Comment 14: One commenter reiterated a comment from the 2007 LOF
recommending NMFS elevate the Category III ``CA lobster, prawn, shrimp,
rock crab, fish pot'' and the ``WA/OR/CA crab pot'' fisheries to
Category II based on interactions with humpback and gray whales. At
least 14 large whales were documented entangled in this gear type from
2000-2005.
Response: As described in responses to comment 18 in the final 2007
LOF (72 FR 38393, March 28, 2007), NMFS is aware of interactions
between humpback and gray whales and pot and trap gear and is taking
steps to address this issue. The NMFS Northwest Regional Office
reviewed interactions between humpback and gray whales and all crab
trap/pot gear in the waters off WA and OR and found that there have
been no observed takes of humpback whales and that the level of take of
gray whale was well below 10 percent of the stock's PBR. Therefore, the
available information did not support elevating the WA and OR crab
fisheries to Category I or II on the 2007 LOF. The NMFS Southwest
Regional Office recently completed a draft characterization of the CA
pot and trap fisheries as a first step in helping to determine which
fisheries are most likely to be interacting with large whales and
whether recategorization of the ``CA lobster, prawn, shrimp, rock crab,
fish pot'' fishery or the CA component of the ``WA/OR/CA crab pot''
fishery is appropriate. Before NMFS can recategorize these fisheries, a
better understanding of the fisheries is necessary, since reports of
interactions between large whales and pot and trap gear come primarily
from stranding reports (including sighting of free-swimming whales).
These reports may not provide reliable identification of the fishing
gear types associated with an interaction because it is difficult to
distinguish between various pot and trap gears from surface
observations of line and floats. Currently, NMFS is working with the
State of CA to develop the characterization of the state and Federal
fisheries that utilize these gear types in the waters off of CA.
Furthermore, NMFS is reviewing observed marine mammal entanglements
from stranding reports to assess the extent of injuries (i.e., whether
or not the injuries were serious injuries) and whether specific
fisheries can be identified from the available data.
NMFS is also considering whether to change descriptions for the CA
pot and trap fishery in the LOF. Currently, the CA lobster, prawn,
shrimp, rock crab and fish pot fisheries are listed as one fishery on
the LOF. NMFS is reviewing of the CA pot and trap fisheries to
determine whether these fisheries should be listed separately on future
LOFs to more accurately reflect spatial and temporal differences in the
various fisheries, the regulatory authority for the fisheries, and the
likelihood of interactions with marine mammals.
Comment 15: One commenter commended NMFS for its support of efforts
to address concerns regarding trap and pot fisheries, such as support
for research efforts and outreach efforts to encourage voluntary
reductions in the amount of potentially entangling gear. The commenter
encouraged NMFS to continue its work with Regional Fishery Management
Councils to improve monitoring and mitigation of serious injury and
mortality.
Response: NMFS acknowledges this comment. See the response to
comment 14 above for more information related to these fisheries.
Comment 16: One commenter noted that the number of vessels listed
in Table 1 of the proposed 2008 LOF for the Category III ``WA/OR/CA
groundfish trawl'' fishery is incorrect. Table 1 indicates an estimated
585 vessels participating; however, the Pacific Fishery Management
Council's Groundfish Management Team estimates that 160-180 vessels
will participate in 2007. The estimated range is based on recent
participants, which varies depending on the choice of some skippers to
participate in trawl fisheries on the West Coast or in AK.
Response: NMFS acknowledges this comment and will make the
suggested change to the number of participants in the ``WA/OR/CA
groundfish trawl'' fishery to 160-180.
Comment 17: Two commenters supported the elevation of the ``CA
yellowtail, barracuda, and white seabass drift gillnet'' fishery to
Category I because the estimated annual serious injury and mortality of
long-beaked common dolphins incidental to the fishery exceeds 50
percent of the stock's PBR. One commenter stated that a take reduction
team must now be convened because this fishery interacts with strategic
marine mammal stocks.
Response: Since the publication of the proposed 2008 LOF, new
information has become available on the level of serious injury and
mortality of the CA stock of long-beaked common dolphin in the ``CA
yellowtail, barracuda, and white seabass drift gillnet'' fishery which
indicates that elevating this fishery to Category I is not appropriate
at this time. The proposed 2008 LOF states that, based on observer
documented interactions in 2003 and 2004, reported in the draft 2007
SAR for long-beaked common dolphin, the estimated annual serious injury
and mortality of the CA stock of long-beaked common dolphins in the
``CA yellowtail, barracuda, and white seabass drift gillnet'' fishery
is approximately 82 percent of the stock's PBR. However, during the
public comment on the draft 2007 SARs, errors were found in the
reported levels of observer coverage in this fishery. The correct
levels of observer coverage for 2002, 2003, and 2004, are 11.5 percent,
10.4 percent, and 17.6 percent, respectively. Based upon these observer
coverage levels, NMFS recalculated the mean annual serious injury or
mortality of the CA stock of long-beaked common dolphin. The revised
mean annual serious injury or mortality in this fishery is 4.7 (0.98)
(CV in parenthesis), which is 43 percent of the stock's PBR of 11.
Based upon these revisions to the draft 2007 SAR, the ``CA yellowtail,
barracuda, and white seabass drift gillnet'' fishery will remain a
Category II fishery, and will not be elevated to a Category I fishery
as proposed in the proposed 2008 LOF. The strategic stock
classification of the CA stock of long-beaked common dolphins remains
supported by the updated information in the SAR. Please also see the
response to Comment 4 in this rule for additional information.
In April 2007, the Pacific Offshore Cetacean Take Reduction Team
(POCTRT) considered CA State gillnet fisheries at their team meeting,
including the ``CA yellowtail, barracuda, and white seabass drift
gillnet'' fishery, and the possible impacts on marine mammals. The
POCTRT made a number of recommendations to NMFS related to these
fisheries, including expanding observer coverage, encouraging research
and information sharing on methods to reduce marine mammal bycatch, and
adding representatives from these fisheries and an additional CDFG
advisor to the POCTRT to address marine mammal bycatch in state gillnet
fisheries. NMFS and the POCTRT are considering expanding the scope of
the POCTRT to include CA gillnet fisheries, including the ``CA
yellowtail, barracuda, and white seabass drift gillnet'' fishery.
Please see response to
[[Page 66063]]
comment 6 in this rule for more information on Take Reduction Teams.
Comment 18: One commenter recommended NMFS remove short-finned
pilot whales from the list of species incidentally killed or injured in
the Category II ``CA squid purse seine'' fishery for two reasons.
First, the information presented in the draft 2007 SAR for the CA squid
purse seine fishery does not reflect the best available science. The
SAR states that the fishery is ``not currently monitored, and has
expanded markedly since 1992.'' However, NMFS Southwest Region observer
data from the CA Coastal Pelagic Purse Seine Observer Program indicates
that 95 pilot whale interaction-free trips were observed from July 2004
to March 2007. Second, the draft 2007 SAR assigns each of the 14
incidents of ``undetermined'' strandings of short-finned pilot whales
as ``probably'' the result of interactions with the ``CA squid purse
seine'' fishery. However, the SAR does not provide clear evidence for
this determination. Since NMFS does not typically assign fishery-
specific mortality from fishery interaction stranding events in the
absence of clear evidence (for example, several East Coast species
covered under TRPs including harbor porpoise, bottlenose dolphins, and
large whales), then it should not be done in this case.
Response: NMFS acknowledges the error in the draft 2007 SAR
regarding the monitoring of the ``CA squid purse seine'' fishery and it
will be corrected in the final 2007 SAR. NMFS has reviewed the report
with records of the stranded short-finned pilot whales from 1975
through 1990 and has concluded that the strandings were most likely
caused by interactions with the purse seine fishery for squid. This is
based upon the location and time of the strandings and the operation of
the squid fishery in the same area and time and other details from the
stranding. NMFS notes that there have been no observed takes of short-
finned pilot whales in this fishery since the observer program began in
2004. However, observer coverage in this fishery is quite low at less
than 2 percent annually. The recommendation to remove short-finned
pilot whales from the list of marine mammals incidentally killed in the
squid purse seine fishery will be further reviewed by NMFS when more
observer information becomes available. NMFS will continue to monitor
this fishery and consider the recommendation to remove short-finned
pilot whales, CA/OR/WA stock, from the list of species incidentally
killed or injured in the ``CA squid purse seine'' fishery for the 2009
LOF.
Comment 19: One commenter requested a review of the Category II
``CA squid purse seine'' fishery interaction with a species listed as
``common dolphin, unknown'' and removal of this species from the list
of species incidentally killed or injured in this fishery if supported
by the data. The CA Coastal Pelagic Purse Seine Observer Program data
contains an observed ``1 dead unidentified common dolphin'' off Santa
Barbara on January 3, 2005. The observer data also indicated that a
group of seven unidentified common dolphins were sighted near the
vessel during this particular haul. The commenter requests that NMFS
re-examine this interaction and determine whether the animals'
location, group size, and time of capture might better match the survey
distribution and group observations for short-beaked common dolphins
than for long-beaked common dolphins. Given the recent increased
abundance reported for short-beaked common dolphins and virtual
disappearance of long-beaked common dolphins in CA waters, the
commenter believes the animal interaction was likely with a short-
beaked common dolphin.
Response: There is insufficient information available to identify
the species of common dolphin observed taken in the ``CA squid purse
seine'' fishery. Both species, long-beaked common dolphins and short-
beaked common dolphins, utilize much of the same habitat and overlap in
areas with this fishery. Therefore, it is possible that either species
could have been taken.
Comment 20: One commenter recommended that the ``strategic''
designation for the long-beaked common dolphin be viewed with extreme
caution in the 2008 LOF. The draft 2007 SAR and proposed 2008 LOF do
not adequately reflect the stock's high interannual variability.
Despite a slight increase in human interactions from 11 to 17 animals,
the observed population plummeted causing the PBR to drop from 242
animals to 11 animals reported in the draft 2007 SAR. Clearly the
reason for the strategic listing is not fishery interactions but likely
environmental in nature, and the LOF should clearly reflect this.
Response: It is the purpose of the LOF to categorize fisheries
based on their level of mortality and serious injury of a marine mammal
stock relative to the stock's PBR level. It is not the purpose or
intent of the LOF to determine a stock's PBR or status as strategic.
The factors leading to a stock's designation as ``strategic'' are
irrelevant for the purposes of categorization fisheries on the LOF.
NMFS urges the commenter to present these comments during the public
comment period for the draft 2008 SARs, as the comment period for the
2007 SARs has closed.
One error was found in the draft 2007 SAR during public review
related to long-beaked common dolphins and takes in the CA small mesh
drift gillnet fishery for white seabass, yellowtail, and barracuda; the
fishery was observed at 11.5 percent, 10.4 percent and 17.6 percent
respectively in 2002, 2003, and 2004, and one serious injury or
mortality was observed in 2003 and one in 2004, with none observed in
2002. The draft SAR does not list the 2004 observer coverage and
assigned the observed takes of long-beaked common dolphins to the years
2002 and 2003. This error will be corrected in the final 2007 SARs and
will lower the mean annual takes estimate for this stock to from 17 to
12.5, but this adjustment does not change the strategic designation of
this stock.
Comment 21: One commenter stated that the Category II Bering Sea
Aleutian Islands (BSAI) Pacific cod longline fishery has a high level
of observer coverage and effort is known, yet catch is used as a proxy
for estimating effort. A proxy is not needed in cases where observer
coverage is high and effort is known. Also, the Science and Statistical
Committee (SSC) of the North Pacific Fishery Management Council stated
in minutes from its February 2005 meeting that NMFS should `` explore
the use of direct measures of fishing effort (instead of using catch as
a proxy for effort) in future analyses at least when and where
possible.''
Response: The response to Comment 15 in the final LOF for 2005
states that catch is the only data that can be used to measure effort
for all vessels, seasons, and areas, to measure relative levels of
effort (71 FR 247, 4 January 2006). NMFS took note of the
recommendation made by the North Pacific Fishery Management Council's
SSC to consider other measures of fishing effort, and discussed this
with the analyst. At this time, catch remains the best method of
quantifying observed and total fishing effort. Should another measure
of effort become available that can be used for all vessels, seasons,
and areas, NMFS will consider modifying the analytical approach.
Comment 22: One commenter noted that, according to a study by Perez
in 2004, 68 percent of longline hauls from 1998-2003 were sampled by
observers. Also, NMFS stated in 2000 (in a Pacific cod paper) that 94
percent of the BSAI Pacific cod longline harvest came from observed
vessels.
[[Page 66064]]
Response: The response to Comment 25 in the final LOF for 2005 (71
FR 247, 4 January 2006) describes why there is a difference between the
percent of hauls observed (or the percent of hooks observed, or the
percent of sets observed) and the percent of boats observed. Also, NMFS
notes that the commenter did not provide citations for the literature
referenced in the comment.
Comment 23: One commenter asked NMFS to explain certain observer
percentages and associated expansions of takes in the 2006 SARs
associated with the Category II BSAI Pacific cod longline fishery. The
2006 SAR for ribbon seal lists one take in 2001 (although the most
recent 5-year period of 2002-2006 should make this interaction drop
out), which is expanded to 3.0 takes with observer coverage of 29.5
percent; for Steller sea lion (Western stock) lists one take in 2002,
expanded to 3.7 takes with observer coverage of 29.6 percent; and for
killer whale (Eastern North Pacific Alaska resident) lists one take in
2003, expanded to 4.2 takes with observer coverage of 29.9 percent. Why
does one take, at the same stated level of observer coverage (29
percent) expand to a range of 3 to 4.2 takes depending on the stock?
Response: To provide as precise an estimate of marine mammal
bycatch as possible, fishery effort and observed marine mammal serious
injury/mortality levels are stratified by fishery, geographic area and
by 2-week period. The percent observer coverage reflected in the SARs
is an average percent observer coverage, not the percent for each
strata. Thus, users of the SARs cannot use the reported percent
observer coverage in the SARs to directly calculate an estimated marine
mammal serious injury/mortality from the observed serious injury/
mortality level.
Comment 24: One commenter questioned why the observer coverage in
these SARs listed as 29 percent when 94 percent of the BSAI pacific cod
longline catch comes from observed vessels (NMFS 2000 Pacific cod
paper) and 68 percent of the catch comes from observed sets (Perez
2004)?
Response: Please see response to comment 22. Also, NMFS notes that
the commenter did not provide citations for the literature referenced
in the comment.
Comment 25: One commenter stated that the formula used to estimate
PBR for the strategic Central North Pacific stock of humpback whales
uses a population estimate from 1993, which causes several fisheries
that interact with this stock to be classified as Category II. However,
all studies indicate that this stock is steadily increasing. A 2001
study calculates an annual growth rate increase of 7 percent (now used
as r max) and a 2004 study calculates an annual growth rate increase of
10 percent. A 2002 study of the Southeast humpback stock reports that
estimates are substantially higher and that the abundance has increased
in recent years. The commenter cites the GAMMS workshop report (Wade
and Angliss, 1996) which states, `` The SARs should be revised whenever
new information becomes available on abundance, mortality, r max, or
stock structure `` Why then is the 1993 estimate still used if growth
population has been 7 percent-10 percent annually?
Response: This is a comment that related to the Stock Assessment
Reports, not the proposed List of Fisheries for 2008. In short, a
change in the abundance estimate will be made when the results of a
recent basin-wide study of North Pacific humpback whales is available
in 2009 or 2010.
Comment 26: One commenter questioned the use of 16-year old data to
categorize the Prince William Sound salmon drift gillnet fishery as
Category II. The categorization is partly due to estimated takes of
Stellar sea lions (Western stock) observed in 1990-1991, when 0 and 2
takes of Stellar sea lions were observed in 1990-1991, respectively.
With 4-5 percent observer coverage the take expanded to 29, or 14.5
takes per year, comprising 50 percent of all fishing mortality of
Stellar sea lions (Western stock).
Response: NMFS agrees that marine mammal interaction data used to
classify commercial fisheries should be as current as is practicable to
ensure that the estimated levels of serious injury and mortality
reflect current fishing practices and conditions. In some cases,
information on marine mammal serious injury and mortality is quite
dated. Currently there are eleven Category II state-managed fisheries
in Alaska on the LOF. Since 1990, seven Category II fisheries have been
observed. Of those, two have been reclassified from Category II to
Category III because the observer program documented very low levels of
marine mammal serious injuries and mortalities that occurred incidental
to these fisheries. Six state-managed Category II fisheries have never
been observed. With currently available funds, only one fishery can be
observed at a time due to the high cost of the observer programs. There
have also been interim years with no Alaska state-managed fishery
observed. Ideally, NMFS would observe each of these fisheries every
five years to ensure data quality and timeliness. However, without the
availability of newer information, NMFS must rely on the best available
information.
Comment 27: One commenter noted that the fishery description for
the Category II AK Metlakatla/Annette Island salmon drift gillnet
fishery is incorrect. The proposed 2008 LOF states that this fishery is
managed by the ADFG with a tribal portion separate from the Category II
``AK Southeast salmon drift gillnet'' fishery only for regulation
purposes. The commenter states that this fishery is an exclusively
tribal fishery managed exclusively by the tribe. There is no relation
or connection with any state fishery or management by any other state
or Federal agency.
Response: NMFS agrees and the change has been made to the final
2008 LOF.
Comments on Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Comment 28: One commenter stated that all of the butterfish and
Illex and Loligo squid fisheries on the East coast are bottom trawl
fisheries, yet the proposed 2008 LOF defines them as Mid-Atlantic mid-
water trawl fisheries. The mackerel fishery consists primarily of mid-
water trawlers, but also includes bottom trawls. This information can
be found in the most recent stock assessments for each fish and squid
species at: http://www.nefsc.noaa.gov/nefsc/publications/series/crdlist.htm. In addition, butterfish were deemed overfished in 2005 and
there is no longer a directed fishery. Trip limits and a very low
bycatch quota will be in place for 2008.
Response: NMFS agrees that based on how some trawl gear is fished
in the Illex and Loligo squid fisheries, the current ``Mid-Atlantic
mid-water trawl'' designation for the Illex and Loligo squid fisheries
may not be an appropriate description of the fishing gear used for
these specific Mid-Atlantic fisheries. However, in the past NMFS has
also received information that suggests that the Illex and Loligo squid
fisheries utilize their trawl gear in a more traditional mid-water
trawl fishing operation. Therefore, NMFS believes that it would be
inappropriate to re-classify this fishery in this 2008 final LOF. NMFS
will consult with the Atlantic Trawl Gear Take Reduction Team and the
Northeast Fisheries Science Center to determine a more appropriate
characterization. NMFS will then propose any necessary changes in the
2009 proposed LOF, allowing adequate time for public comment. The
[[Page 66065]]
inclusion of the butterfish fishery within the ``Mid-Atlantic mid-water
trawl'' fishery will also be addressed and examined at that time.
Comment 29: One commenter reiterated their comment from the 2007
LOF raising concern over NMFS' failure to adequately classify certain
Gulf of Mexico fisheries as Category I or II based on known or
estimated mortality and serious injury of marine mammals in those
fisheries. The commenter specifically recommended NMFS elevate the Gulf
of Mexico blue crab trap/pot fishery to at least a Category II and
perhaps a Category I, and the Gulf of Mexico menhaden purse seine
fishery to a Category I, based on known or likely impacts to bottlenose
dolphin stocks.
Response: NMFS does not believe elevation of the ``Gulf of Mexico
blue crab trap/pot'' fishery or ``Gulf of Mexico menhaden purse seine''
fishery is warranted at this time. There is no observer program for
either of these fisheries; therefore, NMFS relies on stranding data and
fishermen self-reports to document fishery interactions with marine
mammals. Available data from both of these sources do not justify a
reclassification of either fishery at this time. However, NMFS will
continue monitoring fishermen self-reports and stranding data, as well
as enhance stranding response in the Gulf of Mexico, which has been
low, particularly following Hurricanes Katrina and Rita. Observer
coverage for both these fisheries also remains a priority when
resources become available.
Available data indicate interactions with marine mammals occurred
in both fisheries between 2002-2006. In the Gulf of Mexico blue crab
trap/pot fishery, stranding data indicate there were two confirmed
bottlenose dolphin interactions with crab pot fishing gear between
2002-2006, one alive and one dead. In the same period, four dead
bottlenose dolphins stranded with rope or rope marks that may have been
from trap/pot gear, but cause of death could not be determined. NMFS
acknowledges these numbers may underestimate the number of interactions
that are occurring. However, interpreting the data is difficult due to
limitations of the stranding network to accurately document human
interactions, and insufficient information on bottlenose dolphin
abundance and stock structure in the Gulf of Mexico to calculate PBR or
quantify the impacts of fishery interactions on bottlenose dolphin
stocks.
The ``Gulf of Mexico menhaden purse seine'' fishery was observed by
researchers from Louisiana State University in 1992, 1994, and 1995.
The observers documented nine bottlenose dolphin captures, three of
which were mortalities. Using observed and total fishery effort data,
the number of takes was linearly extrapolated to an estimate of 68
animals. On the basis of this information, the fishery was elevated
from Category III to Category II on the 1999 LOF (64 FR 9067, February
24, 1999). Since that time, there has been no observer coverage in this
fishery. Fishermen self-reports through the MMAP reveal five bottlenose
dolphin mortalities from 2002-2006, with two mortalities in 2002, one
in 2004, and two in 2005. One of these animals was believed to have
been dead prior to capture. However, information gathered under the
MMAP cannot be verified and it is not possible to extrapolate these
numbers to obtain an estimate of total takes in this fishery.
The current lack of information on bottlenose dolphin abundance and
stock structure in the Gulf of Mexico combined with a low level of
stranding response, particularly following Hurricanes Katrina and Rita,
make it difficult to assess the population-level impacts of either of
these fisheries. For example, the percentage of stranded animals that
are necropsied is low (FL, TX, and AL necropsied over 50 percent of all
stranded marine mammals from 2002-2006, but MS and LA had much lower
necropsy rates, 16 percent and 3 percent, respectively), making
documentation of human interactions difficult. NMFS is focused on
building capacity in the Gulf and increasing the level and quality of
stranding response. NMFS held workshops in LA and MS in September 2007
to raise awareness of marine mammal management challenges in the Gulf
of Mexico and to enhance marine mammal stranding response. NMFS staff
met with representatives from state fishery and wildlife management
agencies, marine mammal stranding networks, research institutions,
universities, Sea Grant, and other Federal agencies to identify ways to
better manage protected and endangered marine mammals in the Gulf of
Mexico. Furthermore, NMFS intends to provide additional training
workshops in 2008 to enhance the stranding network's capacity for
identifying and documenting human interaction, and instruction on
conducting necropsies. NMFS expects these efforts to increase the
effectiveness of the stranding networks and better inform management
decisions in the future.
Comment 30: One commenter reiterated concerns raised in their
letters on the 2003 through 2007 LOFs recommending that NMFS expedite
its investigation of bottlenose dolphin stock structure and reevaluate
the classification of Gulf of Mexico fisheries. The commenter further
recommended that NMFS expand its efforts to collect reliable
information on serious injury and mortality of marine mammals
incidental to Gulf of Mexico fisheries, with priority given to
instituting an observer program for the menhaden purse seine fishery
and expanding efforts to evaluate bottlenose dolphin entanglement in
the blue crab trap/pot fishery. NMFS has initiated efforts to address
some of these issues and has indicated that it intends to reevaluate
these fisheries as new information becomes available, particularly
information regarding the stock structure of bottlenose dolphins in the
Gulf of Mexico. Nonetheless, the commenter remains concerned about
marine mammal interactions with Gulf of Mexico fisheries, believes that
more active management is needed in this region, and therefore
reiterates its previous recommendations.
Response: NMFS agrees that collection of reliable information on
serious injury and mortality of marine mammals in the Gulf of Mexico is
essential. NMFS is making efforts to more actively manage marine
mammals and build capacity in this area to: (1) address significant
data gaps regarding the distribution, abundance, stock structure, and
health of marine mammals; (2) enhance stranding response capabilities
to better understand threats to marine mammals in the Gulf of Mexico
ecosystem, and (3) ensure constituents are informed regarding NMFS
efforts, threats to the ecosystem, and mitigation strategies to further
reduce impacts to marine mammals. See the response to Comment 29
regarding efforts to enhance stranding network coverage and response in
the Gulf of Mexico.
Managing bottlenose dolphin stocks in the Gulf of Mexico is
especially challenging due to lack of data, particularly regarding
abundance and stock structure. There is currently no PBR calculated for
coastal stocks or bay, sound, and estuarine stocks, so NMFS is unable
to assess the population-level impacts of fishery-related serious
injuries and mortalities. To address this, NMFS is working towards
updating estimates of bottlenose dolphin abundance and refining our
understanding of bottlenose dolphin stock structure in the Gulf of
Mexico. Specifically, in July and August 2007, NMFS completed a ship-
based survey of the Gulf of Mexico continental shelf
[[Page 66066]]
from 20 m (65.6 ft) depth to 500 m (1640 ft) depth from Cedar Key, FL,
to Brownsville, TX, which included line-transect abundance surveys and
the collection of over 200 bottlenose dolphin biopsies for stock
structure analysis. In 2007, NMFS also completed winter and summer
aerial line-transect abundance surveys of coastal bottlenose dolphin
stocks (shore to 20 m [65.6 ft] depth) from Key West to the MS River
delta. NMFS has also worked on bay, sound, and estuarine stocks,
conducting a photo-ID mark-recapture study and biopsy sampling in
Choctawhatchee Bay, FL in July and August 2007 and biopsy sampling in
Mississippi Sound in 2005 and 2006. Data collected during these surveys
are currently being analyzed, and updated information on population
abundance and stock structure should be available in the 2008 SARs.
Once this information is available and PBR is calculated for each
stock, NMFS will be better able to assess the impacts of mortality and
serious injury of marine mammals associated with commercial fisheries
in the Gulf. Observer coverage remains a priority for Gulf of Mexico
fisheries, when resources become available.
Comment 31: One commenter stated that the number of vessels listed
in the proposed 2008 LOF for the Category II Gulf of Mexico menhaden
purse seine fishery is incorrect. Table 2 lists 50 vessels as operating
in this fishery; however, 1999 was the last year that the number of
vessels in the fishery exceeded 50. Since 2000 there have been between
40 and 42 vessels annually participating in the fishery, 2 of which are
typically run boats from the fishing grounds back to the reduction
plants and do not actively fish.
Response: NMFS thanks the commenter for this information. The
number of vessels in the Gulf of Mexico menhaden purse seine fishery
has been updated from 50 to 40-42.
Summary of Changes to the LOF for 2008
The following summarizes changes to the LOF for 2008 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 2008
are identical to those provided in the LOF for 2007 with the following
exceptions.
Commercial Fisheries in the Pacific Ocean
Fishery Classification
The ``CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size [gteqt]3.5 inches and <14 inches)'' fishery is not elevated
to a Category I fishery as proposed in the proposed 2008 LOF. The mean
annual mortality and serious injury for the CA stock of long-beaked
common dolphins was recalculated due to errors in the reporting of
observer coverage for this fishery discovered during the public comment
period for the draft 2007 SARs. Using the correct information, the data
indicate that the annual mortality and serious injury of this stock in
this fishery is 43 percent, not 82 percent, of the stock's PBR as had
been reported in the proposed 2008 LOF. For this reason, the ``CA
yellowtail, barracuda, and white seabass drift gillnet (mesh size
[gteqt]3.5 inches and <14 inches)'' fishery remains a Category II on
the final 2008 LOF.
The superscript ``2'' is removed from Table 1 following the ``CA
yellowtail, barracuda, and white seabass drift gillnet (mesh size
[gteqt]3.5 inches and <14 inches)'' fishery because it is no longer
classified by analogy to other gillnet fisheries. The current data
shows that the mortality and serious injury of the CA stock of long-
beaked common dolphin is 43 percent; therefore, it is driving the
classification of this fishery. A superscript ``1'' is placed next to
this stock in Table 1 to indicate its role as a driving stock.
Removal of Fisheries from the LOF
The Category II ``OR blue shark floating longline'' fishery is
removed from the LOF.
The Category II ``OR swordfish floating longline'' fishery is
removed from the LOF.
Fishery Name and Organizational Changes and Clarifications
The Category II ``CA yellowtail, barracuda, and white seabass drift
gillnet (mesh size >3.5 inches and <14 inches)'' fishery is renamed the
``CA yellowtail, barracuda, and white seabass drift gillnet (mesh size
[gteqt]3.5 inches and <14 inches)'' fishery.
The Category III ``CA set and drift gillnet fisheries that use a
stretched mesh size of 3.5 in or less'' is renamed the ``CA set gillnet
fishery (mesh size <3.5 inches).''
NMFS reviewed the various West Coast pot and trap fisheries for
information on the takes of humpback and gray whales in Category III
trap/pot fisheries on the Pacific Coast. NMFS anticipates that
incidental serious injury and mortality of gray and humpback whales in
OR and WA crab fisheries is unlikely to increase; therefore, NMFS did
not reclassify the crab pot fisheries at this time. NMFS will continue
to analyze information from the remaining pot fisheries along the West
Coast for potential recategorization of certain West Coast trap/pot
fisheries in future LOFs.
The fishery description for the Category II ``AK Metlakatla/Annette
Island salmon drift gillnet'' fishery is changed to reflect that the
fishery is an exclusively tribal fishery managed exclusively by the
tribe. There is no management by any state or Federal agency.
Number of Vessels/Persons
The estimated number of vessels or persons in the Category II ``CA
anchovy, mackerel, and sardine purse seine'' fishery is updated to 63.
The estimated number of vessels or persons in the Category II ``CA
squid purse seine'' fishery is updated to 71.
The estimated number of vessels or persons in the Category III ``HI
inshore gillnet'' fishery is updated to 5.
The estimated number of vessels or persons in the Category III
``WA/OR/CA groundfish trawl'' fishery is updated to 160-180.
The estimated number of vessels or persons in the Category III ``CA
abalone'' fishery is updated to zero.
The estimated number of vessels or persons in the Category III ``CA
set gillnet (mesh size <3.5 inches)'' fishery (renamed from the ``CA
set and drift gillnet fisheries that use a stretched mesh size of 3.5
in or less'' fishery in this final rule) is updated to 304.
List of Species That are Incidentally Injured or Killed
The Hawaiian stocks of striped dolphin and Bryde's whale are added
to the list of marine mammal species and stocks incidentally injured or
killed in the Category I ``HI swordfish, tuna, billfish, mahi mahi,
wahoo, oceanic sharks longline/set line'' fishery.
The Gulf of Alaska, Aleutian Islands, and Bering Sea transient
stock of killer whales is removed from the list of marine mammal
species and stocks incidentally injured or killed in the Category II
``AK Bering Sea and Aleutian Islands Pacific cod longline'' fishery and
the Category III ``AK Bering Sea and Aleutian Islands Greenland turbot
longline'' fishery.
[[Page 66067]]
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Addition of Fisheries to the LOF
The ``GA cannonball jellyfish trawl'' fishery is added to the LOF
as a Category III fishery.
Removal of Fisheries from the LOF
The Category III ``U.S. Mid-Atlantic hand seine'' fishery is
removed from the LOF.
Fishery Name and Organizational Changes and Clarifications
The estimated number of vessels or persons in the Category II
``Gulf of Mexico menhaden purse seine'' fishery is updated to 40-42.
The list of target fish species associated with the Category II
``Atlantic mixed species trap/pot'' fishery is expanded to include
cunner.
The list of target species associated with the Category II
``Southeast Atlantic gillnet'' fishery is updated by removing shad.
The description of the Category II ``Southeast Atlantic gillnet''
fishery is corrected by clarifying that the fishery is also managed
under ALWTRP implementing regulations. Management under the ALWTRP was
inadvertently left out of the description in the proposed rule.
The boundaries and excluded fisheries associated with the Category
I ``Mid-Atlantic gillnet'' fishery are updated through the addition of
the following language, `` NC/SC border, but not including waters where
gillnet fisheries are listed as Category II and Category III. At this
time, these Category II and Category III fisheries include: the
Chesapeake Bay inshore gillnet; NC inshore gillnet; DE River inshore
gillnet; Long Island Sound inshore gillnet; and RI, southern MA (to
Monomy Island), and NY Bight (Raritan and Lower NY Bays) inshore
gillnet.''
The boundaries and excluded fisheries associated with the Category
II ``Atlantic mixed species trap/pot'' fishery are updated through the
addition of the following language, ``The Atlantic mixed species trap/
pot fishery (Category II) includes all trap/pot operations for species
from the U.S.-Canada border down through the waters east of the fishery
management demarcation line between the Atlantic Ocean and the Gulf of
Mexico (50 CFR 600.105), but does not include the following Category I,
II, and III trap/pot fisheries: Northeast/Mid-Atlantic American lobster
trap/pot; Atlantic blue crab trap/pot; FL spiny lobster trap/ pot;
Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot; U.S.
Mid-Atlantic eel trap/pot fisheries; and the Southeastern U.S.
Atlantic, Gulf of Mexico golden crab fishery (68 FR 1421, January 10,
2003).''
The definition of the Category II ``Mid-Atlantic flynet'' fishery,
provided in the final 2007 LOF (71 FR 70345, December 4, 2006), is
replaced with the following language: ``The flynet fishery is a
multispecies fishery composed of nearshore and offshore components that
operate along the eastern coast of the Mid-Atlantic United States.
Flynets are high profile trawls similar to bottom otter trawls. These
nets typically range from 80-120 ft (24-36.6 m) in headrope length,
with wing mesh sizes of 16-64 in (41-163 cm), following a slow 3:1
taper to smaller mesh sizes in the body, extension, and codend sections
of the net. The nearshore fishery operates from October to April inside
of 30 fathoms (180 ft-55 m) from NC to NJ. This nearshore fishery
targets Atlantic croaker, weakfish, butterfish, harvestfish, bluefish,
menhaden , striped bass, kingfishes, and other finfish species. Flynet
fishing is no longer permitted south of Cape Hatteras in order to
protect weakfish stocks. The offshore component operates from November
to April outside of 30 fathoms (180 ft; 55 m) from the Hudson Canyon
off NY, south to Hatteras Canyon off NC. These deeper water fisheries
target bluefish, Atlantic mackerel, Loligo squid, black sea bass, and
scup (72 FR 7382, February 15, 2007). Illex squid are also targeted
offshore (70-200 fathoms [420-1,200 ft; 128-366 m]) during summer
months from May to September.'' NMFS acknowledges that concerns have
been raised over the possible colloquial nature of this fishery and
will continue working to resolve these concerns.
The descriptions of the Category II ``Northeast anchored float
gillnet'', ``Northeast drift gillnet'', ``Atlantic blue crab trap/pot,
and ``Atlantic mixed species trap/pot'' fisheries are updated to
reflect that each is now also managed under ALWTRP implementing
regulations under a recent rulemaking (72 FR 57104, October 5, 2007).
The description of the Category II ``Mid-Atlantic haul/beach
seine'' fishery is undergoing change, particularly pertaining to NC
beach gear, due to pending rulemakings by NCDMF. An updated description
of this fishery will be provided in a future LOF.
List of Species That are Incidentally Seriously Injured or Killed
The Northern Gulf of Mexico continental shelf and Eastern Gulf of
Mexico coastal stocks of bottlenose dolphins are added to the list of
marine mammal species and stocks incidentally injured or killed in the
Category III ``Southeastern U.S. Atlantic, Gulf of Mexico, shark bottom
longline/hook-and-line'' fishery.
The name of the bottlenose dolphin stocks incidentally seriously
injured or killed in the Category I ``Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics longline'' and Category III ``Gulf of Mexico
butterfish trawl'' fisheries are changed from ``Bottlenose dolphin,
Northern Gulf of Mexico outer continental shelf'' to ``Bottlenose
dolphin, Northern Gulf of Mexico oceanic'', and from ``Bottlenose
dolphin, Northern Gulf of Mexico continental shelf edge and slope'' to
``Bottlenose dolphin, Northern Gulf of Mexico continental shelf.''
The name the humpback whale stock incidentally killed/injured in
the Category I ``Northeast sink gillnet'', Category I ``Northeast/Mid-
Atlantic American lobster trap/pot'', Category II ``Northeast anchored
float gillnet'', and Category III ``Gulf of Maine, U.S. Mid-Atlantic
tuna, shark, swordfish hook-and-line/harpoon'' fisheries is changed
from ``Western North Atlantic (WNA)'' to ``Gulf of Maine.''
List of Fisheries
The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA. The
estimated number of vessels/participants is expressed in terms of the
number of active participants in the fishery, when possible. If this
information is not available, the estimated number of vessels or
persons licensed for a particular fishery is provided. If no recent
information is available on the number of participants in a fishery,
the number from the most recent LOF is used.
The tables also list the marine mammal species and stocks
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, and fisher reports. This list includes
all species or stocks known to experience mortality or injury in a
given fishery, but also includes species or stocks for which there are
anecdotal records of interaction. Additionally, species identified by
logbook entries may not be verified. Bycatch of species or stocks
identified is not necessarily driving a fishery's classification in a
given Category. NMFS has designated those stocks driving a fishery's
classification (i.e., the fishery is classified based on serious
injuries and mortalities of a marine mammal stock greater than 50
percent [Category I], or greater than 1 percent and less
[[Page 66068]]
than 50 percent [Category II], of a stock's PBR) by a ``1'' after the
stock's name.
There are several fisheries classified in Category II that have no
recently documented interactions with marine mammals, or interactions
that did not result in a serious injury or mortality. Justification for
classifying these fisheries as a Category II is by analogy to other
gear types that are known to cause mortality or serious injury of
marine mammals, as discussed in the final LOF for 1996 (60 FR 67063,
December 28, 1995), and according to factors listed in the definition
of a ``Category II fishery'' in 50 CFR 229.2. NMFS has designated those
fisheries originally listed by analogy in Tables 1 and 2 by a ``2''
after the fishery's name.
Table 1 lists commercial fisheries in the Pacific Ocean (including
Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf
of Mexico, and Caribbean.
Table 1 - List of Fisheries Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Estimated
of Marine mammal species
Fishery Description vessels/ and stocks incidentally
persons killed/injured
------------------------------------------------------------------------
CATEGORY I
------------------------------- -------------------------
GILLNET FISHERIES: .............. ........................
------------------------------------------------------------------------
CA angel shark/halibut and 58 California sea lion,
other species set gillnet U.S.
(>3.5 in. mesh) Harbor seal, CA
Harbor porpoise, Central
CA\1\
Long-beaked common
dolphin, CA
Northern elephant seal,
CA breeding
Sea otter, CA
Short-beaked common
dolphin, CA/OR/WA
------------------------------------------------------------------------
CA/OR thresher shark/swordfish 85 California sea lion,
drift gillnet ([gteqt]14 in. U.S.
mesh) Dall's porpoise, CA/OR/
WA
Fin whale, CA/OR/WA
Gray whale, Eastern
North Pacific
Humpback whale, Eastern
North Pacific
Long-beaked common
dolphin, CA
Northern elephant seal,
CA breeding
Northern right-whale
dolphin, CA/OR/WA
Pacific white-sided
dolphin, CA/OR/WA
Risso's dolphin, CA/OR/
WA
Short-beaked common
dolphin, CA/OR/WA
Short-finned pilot
whale, CA/OR/WA\1\
Sperm whale, CA/OR/WA
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: .............. ........................
------------------------------------------------------------------------
HI swordfish, tuna, billfish, 140 Blainville's beaked
mahi mahi, wahoo, oceanic whale, HI
sharks longline/set line Bottlenose dolphin, HI
Bryde's whale, HI
False killer whale,
HI\1\
Humpback whale, Central
North Pacific
Pantropical spotted
dolphin, HI
Risso's dolphin, HI
Short-finned pilot
whale, HI
Spinner dolphin, HI
Sperm whale, HI
Striped dolphin, HI
------------------------------------------------------------------------
CATEGORY II
------------------------------- -------------------------
GILLNET FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bristol Bay salmon drift 1,903 Beluga whale, Bristol
gillnet\2\ Bay
Gray whale, Eastern
North Pacific
Harbor seal, Bering Sea
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, North Pacific
Spotted seal, AK
Steller sea lion,
Western U.S.\1\
------------------------------------------------------------------------
AK Bristol Bay salmon set 1,014 Beluga whale, Bristol
gillnet\2\ Bay
Gray whale, Eastern
North Pacific
Harbor seal, Bering Sea
Northern fur seal,
Eastern Pacific
Spotted seal, AK
------------------------------------------------------------------------
[[Page 66069]]
AK Cook Inlet salmon set 745 Beluga whale, Cook Inlet
gillnet Dall's porpoise, AK
Harbor porpoise, GOA
Harbor seal, GOA
Humpback whale, Central
North Pacific\1\
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Cook Inlet salmon drift 576 Beluga whale, Cook Inlet
gillnet Dall's porpoise, AK
Harbor porpoise, GOA\1\
Harbor seal, GOA
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Kodiak salmon set gillnet 188 Harbor porpoise, GOA\1\
Harbor seal, GOA
Sea otter, Southwest AK
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Metlakatla/Annette Island 60 None documented
salmon drift gillnet\2\
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands 164 Dall's porpoise, AK
salmon drift gillnet\2\ Harbor porpoise, GOA
Harbor seal, GOA
Northern fur seal,
Eastern Pacific
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands 116 Harbor porpoise, Bering
salmon set gillnet\2\ Sea
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon 541 Dall's porpoise, AK
drift gillnet Harbor porpoise, GOA\1\
Harbor seal, GOA
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, North Pacific
Sea Otter, South Central
AK
Steller sea lion,
Western U.S.\1\
------------------------------------------------------------------------
AK Southeast salmon drift 481 Dall's porpoise, AK
gillnet Harbor porpoise,
Southeast AK
Harbor seal, Southeast
AK
Humpback whale, Central
North Pacific\1\
Pacific white-sided
dolphin, North Pacific
Steller sea lion,
Eastern U.S.
------------------------------------------------------------------------
AK Yakutat salmon set 170 Gray whale, Eastern
gillnet\2\ North Pacific
Harbor seal, Southeast
AK
Humpback whale, Central
North Pacific
(Southeast AK)
------------------------------------------------------------------------
CA yellowtail, barracuda, and 24 California sea lion,
white seabass drift gillnet U.S.
fishery (mesh size [gteqt]3.5 Long-beaked common
in and <14 in) dolphin, CA\1\
Short-beaked common
dolphin, CA/OR/WA
------------------------------------------------------------------------
WA Puget Sound Region salmon 210 Dall's porpoise, CA/OR/
drift gillnet (includes all WA
inland waters south of US- Harbor porpoise, inland
Canada border and eastward of WA\1\
the Bonilla-Tatoosh line- Harbor seal, WA inland
Treaty Indian fishing is
excluded)
------------------------------------------------------------------------
PURSE SEINE FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Southeast salmon purse 416 Humpback whale, Central
seine North Pacific\1\
------------------------------------------------------------------------
AK Cook Inlet salmon purse 82 Humpback whale, Central
seine North Pacific\1\
------------------------------------------------------------------------
AK Kodiak salmon purse seine 370 Humpback whale, Central
North Pacific\1\
------------------------------------------------------------------------
CA anchovy, mackerel, sardine 63 Bottlenose dolphin, CA/
purse seine OR/WA offshore\1\
California sea lion,
U.S.
Harbor seal, CA
------------------------------------------------------------------------
CA squid purse seine 71 Common dolphin, unknown
Short-finned pilot
whale, CA/OR/WA\1\
------------------------------------------------------------------------
[[Page 66070]]
CA tuna purse seine\2\ 10 None documented
------------------------------------------------------------------------
TRAWL FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 26 Bearded seal, AK
Islands flatfish trawl Harbor porpoise, Bering
Sea
Harbor seal, Bering Sea
Killer whale, AK
resident\1\
Northern fur seal,
Eastern North Pacific
Spotted seal, AK
Steller sea lion,
Western U.S.\1\
Walrus, AK
------------------------------------------------------------------------
AK Bering Sea, Aleutian 120 Dall's porpoise, AK
Islands pollock trawl Harbor seal, AK
Humpback whale, Central
North Pacific\1\
Humpback whale, Western
North Pacific\1\
Killer whale, Eastern
North Pacific, GOA,
Aleutian Islands, and
Bering Sea transient\1\
Minke whale, AK
Ribbon seal, AK
Spotted seal, AK
Steller sea lion,
Western U.S.\1\
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 114 Killer whale, AK
Islands Pacific cod longline resident\1\
Ribbon seal, AK
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
CA pelagic longline\2\ 6 California sea lion,
U.S.
Risso's dolphin, CA/OR/
WA
------------------------------------------------------------------------
POT, RING NET, AND TRAP .............. ........................
FISHERIES:
------------------------------------------------------------------------
AK Bering Sea sablefish pot 6 Humpback whale, Central
North Pacific\1\
Humpback whale, Western
North Pacific\1\
------------------------------------------------------------------------
CATEGORY III
------------------------------- -------------------------
GILLNET FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Kuskokwim, Yukon, Norton 1,922 Harbor porpoise, Bering
Sound, Kotzebue salmon Sea
gillnet
------------------------------------------------------------------------
AK miscellaneous finfish set 3 Steller sea lion,
gillnet Western U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon 30 Harbor seal, GOA
set gillnet Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK roe herring and food/bait 2,034 None documented
herring gillnet
------------------------------------------------------------------------
CA set gillnet (mesh size <3.5 304 None documented
inches)
------------------------------------------------------------------------
HI inshore gillnet 5 Bottlenose dolphin, HI
Spinner dolphin, HI
------------------------------------------------------------------------
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA coast
gillnet (excluding treaty
Tribal fishing)
------------------------------------------------------------------------
WA/OR herring, smelt, shad, 913 None documented
sturgeon, bottom fish,
mullet, perch, rockfish
gillnet
------------------------------------------------------------------------
WA/OR lower Columbia River 110 California sea lion,
(includes tributaries) drift U.S.
gillnet Harbor seal, OR/WA coast
------------------------------------------------------------------------
WA Willapa Bay drift gillnet 82 Harbor seal, OR/WA coast
Northern elephant seal,
CA breeding
------------------------------------------------------------------------
PURSE SEINE, BEACH SEINE, .............. ........................
ROUND HAUL AND THROW NET
FISHERIES:
------------------------------------------------------------------------
[[Page 66071]]
AK Metlakatla salmon purse 10 None documented
seine
------------------------------------------------------------------------
AK miscellaneous finfish beach 1 None documented
seine
------------------------------------------------------------------------
AK miscellaneous finfish purse 3 None documented
seine
------------------------------------------------------------------------
AK octopus/squid purse seine 2 None documented
------------------------------------------------------------------------
AK roe herring and food/bait 8 None documented
herring beach seine
------------------------------------------------------------------------
AK roe herring and food/bait 624 None documented
herring purse seine
------------------------------------------------------------------------
AK salmon beach seine 34 None documented
------------------------------------------------------------------------
AK salmon purse seine (except 953 Harbor seal, GOA
Southeast Alaska, which is in
Category II)
------------------------------------------------------------------------
WA/OR sardine purse seine 42 None documented
------------------------------------------------------------------------
HI Kona crab loop net 42 None documented
------------------------------------------------------------------------
HI opelu/akule net 12 None documented
------------------------------------------------------------------------
HI inshore purse seine 23 None documented
------------------------------------------------------------------------
HI throw net, cast net 14 None documented
------------------------------------------------------------------------
WA (all species) beach seine 235 None documented
or drag seine
------------------------------------------------------------------------
WA/OR herring, smelt, squid 130 None documented
purse seine or lampara
------------------------------------------------------------------------
WA salmon purse seine 440 None documented
------------------------------------------------------------------------
WA salmon reef net 53 None documented
------------------------------------------------------------------------
DIP NET FISHERIES: .............. ........................
------------------------------------------------------------------------
CA squid dip net 115 None documented
------------------------------------------------------------------------
WA/OR smelt, herring dip net 119 None documented
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES: .............. ........................
------------------------------------------------------------------------
CA marine shellfish unknown None documented
aquaculture
------------------------------------------------------------------------
CA salmon enhancement rearing >1 None documented
pen
------------------------------------------------------------------------
CA white seabass enhancement 13 California sea lion,
net pens U.S.
------------------------------------------------------------------------
HI offshore pen culture 2 None documented
------------------------------------------------------------------------
OR salmon ranch 1 None documented
------------------------------------------------------------------------
WA/OR salmon net pens 14 California sea lion,
U.S.
Harbor seal, WA inland
waters
------------------------------------------------------------------------
TROLL FISHERIES: .............. ........................
------------------------------------------------------------------------
AK North Pacific halibut, AK 1,530 (330 AK) None documented
bottom fish, WA/OR/CA
albacore, groundfish, bottom
fish, CA halibut non-salmonid
troll fisheries
------------------------------------------------------------------------
AK salmon troll 2,335 Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
American Samoa tuna troll < 50 None documented
------------------------------------------------------------------------
CA/OR/WA salmon troll 4,300 None documented
------------------------------------------------------------------------
Commonwealth of the Northern 88 None documented
Mariana Islands tuna troll
------------------------------------------------------------------------
[[Page 66072]]
Guam tuna troll 401 None documented
------------------------------------------------------------------------
HI trolling, rod and reel 1,321 None documented
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 12 Killer whale, AK
Islands Greenland turbot resident
longline
------------------------------------------------------------------------
AK Bering Sea, Aleutian 17 None documented
Islands rockfish longline
------------------------------------------------------------------------
AK Bering Sea, Aleutian 63 None documented
Islands sablefish longline
------------------------------------------------------------------------
AK Gulf of Alaska halibut 1,302 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 440 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska rockfish 421 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska sablefish 412 Sperm whale, North
longline Pacific
Steller sea lion,
Eastern U.S.
------------------------------------------------------------------------
AK halibut longline/set line 3,079 Steller sea lion,
(State and Federal waters) Western U.S.
------------------------------------------------------------------------
AK octopus/squid longline 7 None documented
------------------------------------------------------------------------
AK state-managed waters 731 None documented
groundfish longline/setline
(including sablefish,
rockfish, and miscellaneous
finfish)
------------------------------------------------------------------------
American Samoa longline 60 None documented
------------------------------------------------------------------------
WA/OR/CA groundfish, 367 None documented
bottomfish longline/set line
------------------------------------------------------------------------
WA/OR North Pacific halibut 350 None documented
longline/set line
------------------------------------------------------------------------
TRAWL FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 8 Steller sea lion,
Islands Atka mackerel trawl Western U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian 87 Harbor seal, Bering Sea
Islands Pacific cod trawl Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian 9 None documented
Islands rockfish trawl
------------------------------------------------------------------------
AK Gulf of Alaska flatfish 52 None documented
trawl
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 101 Steller sea lion,
trawl Western U.S.
------------------------------------------------------------------------
AK Gulf of Alaska pollock 83 Fin whale, Northeast
trawl Pacific
Northern elephant seal,
North Pacific
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Gulf of Alaska rockfish 45 None documented
trawl
------------------------------------------------------------------------
AK food/bait herring trawl 3 None documented
------------------------------------------------------------------------
AK miscellaneous finfish otter 6 None documented
or beam trawl
------------------------------------------------------------------------
AK shrimp otter trawl and beam 58 None documented
trawl (statewide and Cook
Inlet)
------------------------------------------------------------------------
AK state-managed waters of 2 None documented
Cook Inlet, Kachemak Bay,
Prince William Sound,
Southeast AK groundfish trawl
------------------------------------------------------------------------
CA halibut bottom trawl 53 None documented
------------------------------------------------------------------------
[[Page 66073]]
WA/OR/CA groundfish trawl 160-180 California sea lion,
U.S.
Dall's porpoise, CA/OR/
WA
Harbor seal, OR/WA coast
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, CA/OR/WA
Steller sea lion,
Eastern U.S.
------------------------------------------------------------------------
WA/OR/CA shrimp trawl 300 None documented
------------------------------------------------------------------------
POT, RING NET, AND TRAP .............. ........................
FISHERIES:
------------------------------------------------------------------------
AK Aleutian Islands sablefish 8 None documented
pot
------------------------------------------------------------------------
AK Bering Sea, Aleutian 76 None documented
Islands Pacific cod pot
------------------------------------------------------------------------
AK Bering Sea, Aleutian 329 None documented
Islands crab pot
------------------------------------------------------------------------
AK Gulf of Alaska crab pot unknown None documented
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 154 Harbor seal, GOA
pot
------------------------------------------------------------------------
AK Southeast Alaska crab pot unknown Humpback whale, Central
North Pacific
(Southeast AK)
------------------------------------------------------------------------
AK Southeast Alaska shrimp pot unknown Humpback whale, Central
North Pacific
(Southeast AK)
------------------------------------------------------------------------
AK octopus/squid pot 72 None documented
------------------------------------------------------------------------
AK snail pot 2 None documented
------------------------------------------------------------------------
CA lobster, prawn, shrimp, 608 Gray whale, Eastern
rock crab, fish pot North Pacific
Harbor seal, CA
Humpback whale, Eastern
North Pacific
Sea otter, CA
------------------------------------------------------------------------
OR/CA hagfish pot or trap 25 None documented
------------------------------------------------------------------------
WA/OR/CA crab pot 1,478 Gray whale, Eastern
North Pacific
Humpback whale, Eastern
North Pacific
------------------------------------------------------------------------
WA/OR/CA sablefish pot 176 None documented
------------------------------------------------------------------------
WA/OR shrimp pot/trap 254 None documented
------------------------------------------------------------------------
HI crab trap 22 None documented
------------------------------------------------------------------------
HI fish trap 19 None documented
------------------------------------------------------------------------
HI lobster trap 0 Hawaiian monk seal
------------------------------------------------------------------------
HI shrimp trap 5 None documented
------------------------------------------------------------------------
HANDLINE AND JIG FISHERIES: .............. ........................
------------------------------------------------------------------------
AK miscellaneous finfish 100 None documented
handline and mechanical jig
------------------------------------------------------------------------
AK North Pacific halibut 93 None documented
handline and mechanical jig
------------------------------------------------------------------------
AK octopus/squid handline 2 None documented
------------------------------------------------------------------------
American Samoa bottomfish <50 None documented
------------------------------------------------------------------------
Commonwealth of the Northern <50 None documented
Mariana Islands bottomfish
------------------------------------------------------------------------
Guam bottomfish 200 None documented
------------------------------------------------------------------------
HI aku boat, pole and line 4 None documented
------------------------------------------------------------------------
HI Main Hawaiian Islands, 300 Hawaiian monk seal
Northwest Hawaiian Islands
deep sea bottomfish
------------------------------------------------------------------------
[[Page 66074]]
HI inshore handline 307 None documented
------------------------------------------------------------------------
HI tuna handline 298 Hawaiian monk seal
------------------------------------------------------------------------
WA groundfish, bottomfish jig 679 None documented
------------------------------------------------------------------------
Western Pacific squid jig 6 None documented
------------------------------------------------------------------------
HARPOON FISHERIES: .............. ........................
------------------------------------------------------------------------
CA swordfish harpoon 30 None documented
------------------------------------------------------------------------
POUND NET/WEIR FISHERIES: .............. ........................
------------------------------------------------------------------------
AK herring spawn on kelp pound 452 None documented
net
------------------------------------------------------------------------
AK Southeast herring roe/food/ 3 None documented
bait pound net
------------------------------------------------------------------------
WA herring brush weir 1 None documented
------------------------------------------------------------------------
BAIT PENS: .............. ........................
------------------------------------------------------------------------
WA/OR/CA bait pens 13 California sea lion,
U.S.
------------------------------------------------------------------------
DREDGE FISHERIES: .............. ........................
------------------------------------------------------------------------
Coastwide scallop dredge 108 (12 AK) None documented
------------------------------------------------------------------------
DIVE, HAND/MECHANICAL .............. ........................
COLLECTION FISHERIES:
------------------------------------------------------------------------
AK abalone 0 None documented
------------------------------------------------------------------------
AK clam 156 None documented
------------------------------------------------------------------------
WA herring spawn on kelp 4 None documented
------------------------------------------------------------------------
AK dungeness crab 3 None documented
------------------------------------------------------------------------
AK herring spawn on kelp 363 None documented
------------------------------------------------------------------------
AK urchin and other fish/ 471 None documented
shellfish
------------------------------------------------------------------------
CA abalone 0 None documented
------------------------------------------------------------------------
CA sea urchin 583 None documented
------------------------------------------------------------------------
HI black coral diving 1 None documented
------------------------------------------------------------------------
HI fish pond N/A None documented
------------------------------------------------------------------------
HI handpick 37 None documented
------------------------------------------------------------------------
HI lobster diving 19 None documented
------------------------------------------------------------------------
HI squiding, spear 91 None documented
------------------------------------------------------------------------
WA/CA kelp 4 None documented
------------------------------------------------------------------------
WA/OR sea urchin, other clam, 637 None documented
octopus, oyster, sea
cucumber, scallop, ghost
shrimp hand, dive, or
mechanical collection
------------------------------------------------------------------------
WA shellfish aquaculture 684 None documented
------------------------------------------------------------------------
COMMERCIAL PASSENGER FISHING .............. ........................
VESSEL (CHARTER BOAT)
FISHERIES:
------------------------------------------------------------------------
AK/WA/OR/CA commercial >7,000 (1,107 Killer whale, stock
passenger fishing vessel AK) unknown
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
[[Page 66075]]
HI charter vessel 114 None documented
------------------------------------------------------------------------
LIVE FINFISH/SHELLFISH .............. ........................
FISHERIES:
------------------------------------------------------------------------
CA finfish and shellfish live 93 None documented
trap/hook-and-line
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK - Alaska; CA -
California; GOA - Gulf of Alaska; HI - Hawaii; OR - Oregon; WA -
Washington
\1\ Fishery classified based on serious injuries and mortalities of this
stock, which are greater than 1 percent of the stock's PBR
\2\ Fishery classified by analogy.
Table 2 - List of Fisheries Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Estimated
of Marine mammal species and
Fishery Description vessels/ stocks incidentally
persons killed/injured
------------------------------------------------------------------------
CATEGORY I
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
Mid-Atlantic gillnet >670 Bottlenose dolphin, WNA
coastal\1\
Bottlenose dolphin, WNA
offshore
Common dolphin, WNA
Gray seal, WNA
Harbor porpoise, GME/
BF\1\
Harbor seal, WNA
Harp seal, WNA
Humpback whale, Gulf of
Maine\1\
Long-finned pilot whale,
WNA
Minke whale, Canadian
east coast
Short-finned pilot whale,
WNA
White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast sink gillnet 341 Bottlenose dolphin, WNA
offshore
Common dolphin, WNA
Fin whale, WNA
Gray seal, WNA
Harbor porpoise, GME/
BF\1\
Harbor seal, WNA
Harp seal, WNA
Hooded seal, WNA
Humpback whale, Gulf of
Maine\1\
Minke whale, Canadian
east coast\1\
North Atlantic right
whale, WNA\1\
Risso's dolphin, WNA
White-sided dolphin, WNA
------------------------------------------------------------------------
LONGLINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Atlantic Ocean, Caribbean, Gulf 94 Atlantic spotted dolphin,
of Mexico large pelagics Northern GMX
longline Atlantic spotted dolphin,
WNA
Bottlenose dolphin,
Northern GMX oceanic
Bottlenose dolphin,
Northern GMX continental
shelf
Bottlenose dolphin, WNA
offshore
Common dolphin, WNA
Cuvier's beaked whale,
WNA
Long-finned pilot whale,
WNA\1\
Mesoplodon beaked whale,
WNA
Northern bottlenose
whale, WNA
Pantropical spotted
dolphin, Northern GMX
Pantropical spotted
dolphin, WNA
Pygmy sperm whale, WNA\1\
Risso's dolphin, Northern
GMX
Risso's dolphin, WNA
Short-finned pilot whale,
Northern GMX
Short-finned pilot whale,
WNA\1\
------------------------------------------------------------------------
TRAP/POT FISHERIES: ............ .........................
------------------------------------------------------------------------
[[Page 66076]]
Northeast/Mid-Atlantic American 13,000 Fin whale, WNA
lobster trap/pot Harbor seal, WNA
Humpback whale, Gulf of
Maine\1\
Minke whale, Canadian
east coast\1\
North Atlantic right
whale, WNA\1\
------------------------------------------------------------------------
CATEGORY II
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
Chesapeake Bay inshore 45 None documented
gillnet\2\
------------------------------------------------------------------------
Gulf of Mexico gillnet\2\ 724 Bottlenose dolphin,
Eastern GMX coastal
Bottlenose dolphin, GMX
bay, sound, and
estuarine
Bottlenose dolphin,
Northern GMX coastal
Bottlenose dolphin,
Western GMX coastal
------------------------------------------------------------------------
NC inshore gillnet 94 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
Northeast anchored float 133 Harbor seal, WNA
gillnet\2\ Humpback whale, Gulf of
Maine
White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast drift gillnet\2\ unknown None documented
------------------------------------------------------------------------
Southeast Atlantic gillnet\2\ 779 Bottlenose dolphin, WNA
coastal
------------------------------------------------------------------------
Southeastern U.S. Atlantic 30 Atlantic spotted dolphin,
shark gillnet WNA
Bottlenose dolphin, WNA
coastal\1\
North Atlantic right
whale, WNA
------------------------------------------------------------------------
TRAWL FISHERIES: ............ .........................
------------------------------------------------------------------------
Mid-Atlantic mid-water trawl 620 Bottlenose dolphin, WNA
(including pair trawl) offshore
Common dolphin, WNA
Long-finned pilot whale,
WNA
Risso's dolphin, WNA
Short-finned pilot whale,
WNA
White-sided dolphin,
WNA\1\
------------------------------------------------------------------------
Mid-Atlantic bottom trawl >1,000 Common dolphin, WNA\1\
Long-finned pilot whale,
WNA\1\
Short-finned pilot whale,
WNA\1\
------------------------------------------------------------------------
Mid-Atlantic flynet\2\ 21 None documented
------------------------------------------------------------------------
Northeast mid-water trawl 17 Harbor seal, WNA
(including pair trawl) Long-finned pilot whale,
WNA\1\
Short-finned pilot whale,
WNA\1\
White-sided dolphin, WNA
------------------------------------------------------------------------
Northeast bottom trawl 1,052 Common dolphin, WNA
Harbor porpoise, GME/BF
Harp seal, WNA
Long-finned pilot whale,
WNA
Short-finned pilot whale,
WNA
White-sided dolphin,
WNA\1\
------------------------------------------------------------------------
TRAP/POT FISHERIES: ............ .........................
------------------------------------------------------------------------
Atlantic blue crab trap/pot >16,000 Bottlenose dolphin, WNA
coastal\1\
West Indian manatee,
FL\1\
------------------------------------------------------------------------
Atlantic mixed species trap/ unknown Fin whale, WNA
pot\2\ Humpback whale, Gulf of
Maine
------------------------------------------------------------------------
PURSE SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
[[Page 66077]]
Gulf of Mexico menhaden purse 40-42 Bottlenose dolphin,
seine Eastern GMX coastal
Bottlenose dolphin, GMX
bay, sound, estuarine
Bottlenose dolphin,
Northern GMX coastal\1\
Bottlenose dolphin,
Western GMX coastal
------------------------------------------------------------------------
Mid-Atlantic menhaden purse 22 Bottlenose dolphin, WNA
seine\2\ coastal
------------------------------------------------------------------------
HAUL/BEACH SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Mid-Atlantic haul/beach seine 25 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
NC long haul seine 33 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
STOP NET FISHERIES: ............ .........................
------------------------------------------------------------------------
NC roe mullet stop net 13 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
POUND NET FISHERIES: ............ .........................
------------------------------------------------------------------------
VA pound net 187 Bottlenose dolphin, WNA
coastal\1\
------------------------------------------------------------------------
CATEGORY III
-------------------------------- --------------------------
GILLNET FISHERIES: ............ .........................
------------------------------------------------------------------------
Caribbean gillnet >991 Dwarf sperm whale, WNA
West Indian manatee,
Antillean
------------------------------------------------------------------------
DE River inshore gillnet 60 None documented
------------------------------------------------------------------------
Long Island Sound inshore 20 None documented
gillnet
------------------------------------------------------------------------
RI, southern MA (to Monomoy 32 None documented
Island), and NY Bight (Raritan
and Lower NY Bays) inshore
gillnet
------------------------------------------------------------------------
Southeast Atlantic inshore unknown None documented
gillnet
------------------------------------------------------------------------
TRAWL FISHERIES: ............ .........................
------------------------------------------------------------------------
Atlantic shellfish bottom trawl 972 None documented
------------------------------------------------------------------------
Gulf of Mexico butterfish trawl 2 Bottlenose dolphin,
Northern GMX oceanic
Bottlenose dolphin,
Northern GMX continental
shelf
------------------------------------------------------------------------
Gulf of Mexico mixed species 20 None documented
trawl
------------------------------------------------------------------------
GA cannonball jellyfish trawl 1 None documented
------------------------------------------------------------------------
Southeastern U.S. Atlantic, >18,000 Bottlenose dolphin, WNA
Gulf of Mexico shrimp trawl coastal
Bottlenose dolphin,
Eastern GMX coastal
Bottlenose dolphin,
Western GMX coastal
Bottlenose dolphin, GMX
bay, sound, estuarine
West Indian Manatee, FL
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES: ............ .........................
------------------------------------------------------------------------
Finfish aquaculture 48 Harbor seal, WNA
------------------------------------------------------------------------
Shellfish aquaculture unknown None documented
------------------------------------------------------------------------
PURSE SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
Gulf of Maine Atlantic herring 30 Harbor seal, WNA
purse seine Gray seal, WNA
------------------------------------------------------------------------
Gulf of Maine menhaden purse 50 None documented
seine
------------------------------------------------------------------------
FL west coast sardine purse 10 Bottlenose dolphin,
seine Eastern GMX coastal
------------------------------------------------------------------------
[[Page 66078]]
U.S. Atlantic tuna purse seine 5 Long-finned pilot whale,
WNA
Short-finned pilot whale,
WNA
------------------------------------------------------------------------
LONGLINE/HOOK-AND-LINE ............ .........................
FISHERIES:
------------------------------------------------------------------------
Northeast/Mid-Atlantic bottom 46 None documented
longline/hook-and-line
------------------------------------------------------------------------
Gulf of Maine, U.S. Mid- 26,223 Humpback whale, Gulf of
Atlantic tuna, shark swordfish Maine
hook-and-line/harpoon
------------------------------------------------------------------------
Southeastern U.S. Atlantic, >5,000 None documented
Gulf of Mexico, and Caribbean
snapper-grouper and other reef
fish bottom longline/hook-and-
line
------------------------------------------------------------------------
Southeastern U.S. Atlantic, <125 Bottlenose dolphin,
Gulf of Mexico shark bottom Eastern GMX coastal
longline/hook-and-line Bottlenose dolphin,
Northern GMX continental
shelf
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 1,446 None documented
Gulf of Mexico, and Caribbean
pelagic hook-and-line/harpoon
------------------------------------------------------------------------
TRAP/POT FISHERIES: ............ .........................
------------------------------------------------------------------------
Caribbean mixed species trap/ >501 None documented
pot
------------------------------------------------------------------------
Caribbean spiny lobster trap/ >197 None documented
pot
------------------------------------------------------------------------
FL spiny lobster trap/pot 2,145 Bottlenose dolphin,
Eastern GMX coastal
------------------------------------------------------------------------
Gulf of Mexico blue crab trap/ 4,113 Bottlenose dolphin,
pot Western GMX coastal
Bottlenose dolphin,
Northern GMX coastal
Bottlenose dolphin,
Eastern GMX coastal
Bottlenose dolphin, GMX
Bay, Sound, & Estuarine
West Indian manatee, FL
------------------------------------------------------------------------
Gulf of Mexico mixed species unknown None documented
trap/pot
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 10 None documented
Gulf of Mexico golden crab
trap/pot
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 4,453 None documented
Gulf of Mexico stone crab trap/
pot
------------------------------------------------------------------------
U.S. Mid-Atlantic eel trap/pot >700 None documented
------------------------------------------------------------------------
STOP SEINE/WEIR/POUND NET ............ .........................
FISHERIES:
------------------------------------------------------------------------
Gulf of Maine herring and 50 Gray seal, Northwest
Atlantic mackerel stop seine/ North Atlantic
weir Harbor porpoise, GME/BF
Harbor seal, WNA
Minke whale, Canadian
east coast
White-sided dolphin, WNA
------------------------------------------------------------------------
U.S. Mid-Atlantic crab stop 2,600 None documented
seine/weir
------------------------------------------------------------------------
U.S. Mid-Atlantic mixed species 751 None documented
stop seine/weir/pound net
(except the North Carolina roe
mullet stop net)
------------------------------------------------------------------------
DREDGE FISHERIES: ............ .........................
------------------------------------------------------------------------
Gulf of Maine mussel >50 None documented
------------------------------------------------------------------------
Gulf of Maine, U.S. Mid- 233 None documented
Atlantic sea scallop dredge
------------------------------------------------------------------------
U.S. Mid-Atlantic/Gulf of 7,000 None documented
Mexico oyster
------------------------------------------------------------------------
U.S. Mid-Atlantic offshore surf 100 None documented
clam and quahog dredge
------------------------------------------------------------------------
HAUL/BEACH SEINE FISHERIES: ............ .........................
------------------------------------------------------------------------
[[Page 66079]]
Caribbean haul/beach seine 15 West Indian manatee,
Antillean
------------------------------------------------------------------------
Gulf of Mexico haul/beach seine unknown None documented
------------------------------------------------------------------------
Southeastern U.S. Atlantic, 25 None documented
haul/beach seine
------------------------------------------------------------------------
DIVE, HAND/MECHANICAL ............ .........................
COLLECTION FISHERIES:
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico, 20,000 None documented
Caribbean shellfish dive, hand/
mechanical collection
------------------------------------------------------------------------
Gulf of Maine urchin dive, hand/ >50 None documented
mechanical collection
------------------------------------------------------------------------
Gulf of Mexico, Southeast unknown None documented
Atlantic, Mid-Atlantic, and
Caribbean cast net
------------------------------------------------------------------------
COMMERCIAL PASSENGER FISHING ............ .........................
VESSEL (CHARTER BOAT)
FISHERIES:
------------------------------------------------------------------------
Atlantic Ocean, Gulf of Mexico, 4,000 Bottlenose dolphin,
Caribbean commercial passenger Eastern GMX coastal
fishing vessel Bottlenose dolphin,
Northern GMX coastal
Bottlenose dolphin,
Western GMX coastal
Bottlenose dolphin, WNA
coastal
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: DE - Delaware; FL -
Florida; GA - Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - Gulf
of Mexico; MA - Massachusetts; NC - North Carolina; VA - Virginia; WNA
- Western North Atlantic
\1\ - Fishery classified based on serious injuries and mortalities of
this stock, which are greater than 1 percent of the stock's PBR
\2\ - Fishery classified by analogy.
Classification
During the proposed rulemaking stage for this rule, the Chief
Counsel for Regulation of the Department of Commerce certified to the
Chief Counsel for Advocacy of the Small Business Administration that
this rule would not have a significant economic impact on a substantial
number of small entities. The factual basis leading to the
certification is repeated below.
Under existing regulations, all fishers participating in Category I
or II fisheries must register under the MMPA, obtain an Authorization
Certificate, and pay a fee of $25 (with the exception of those in
regions with a registration process integrated with existing state and
Federal permitting processes). Additionally, fishers may be subject to
a Take Reduction Plan (TRP) and requested to carry an observer. The
Authorization Certificate authorizes the taking of marine mammals
incidental to commercial fishing operations. NMFS has estimated that
approximately 42,000 fishing vessels, most of which are small entities,
operate in Category I or II fisheries, and therefore, are required to
register. However, registration has been integrated with existing state
or Federal registration programs for the majority of these fisheries so
these fishers do not need to register separately under the MMPA.
Currently, approximately 350 fishers register directly with NMFS under
the MMPA authorization program.
Though this final rule will affect approximately 350 small
entities, the $25 registration fee, with respect to anticipated
revenues, is not considered a significant economic impact. If a vessel
is requested to carry an observer, fishers will not incur any direct
economic costs associated with carrying that observer. Potential
indirect costs to individual fishers required to take observers may
include: lost space on deck for catch, lost bunk space, and lost
fishing time due to time needed to process bycatch data. However,
effective monitoring will rotate observers among a limited number of
vessels in a fishery at any given time and each vessel within an
observed fishery has an equal probability of being requested to
accommodate an observer. Therefore, the potential indirect costs to
individual fishers are expected to be minimal since observer coverage
would only be required for a small percentage of an individual's total
annual fishing time. In addition, section 118 of the MMPA 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. As a result of this certification, an
initial regulatory flexibility analysis is not required and was not
prepared. In the event that reclassification of a fishery to Category I
or II results in a TRP, economic analyses of the effects of that plan
will be summarized in subsequent rulemaking actions.
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. The collection of information
for the registration of fishers under the MMPA has been approved by the
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.15 hours per report for new registrants and 0.09 hours per
report for renewals). The requirement for reporting marine mammal
injuries or mortalities has been approved by OMB under OMB control
number 0648-0292 (0.15 hours per report). These estimates include the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding these reporting
burden estimates or any other aspect of the collections of information,
including suggestions for reducing burden, to
[[Page 66080]]
NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
An environmental assessment (EA) was prepared under the National
Environmental Policy Act (NEPA) for regulations to implement section
118 of the MMPA in June 1995. NMFS revised that EA relative to
classifying U.S. commercial fisheries on the LOF in December 2005. Both
the 1995 EA and the 2005 EA concluded that implementation of MMPA
section 118 regulations would not have a significant impact on the
human environment. This final rule does not make any significant change
in the management of reclassified fisheries, and therefore, this final
rule is not expected to change the analysis or conclusion of the 2005
EA. If NMFS takes a management action, for example, through the
development of a TRP, NMFS will first prepare an environmental
document, as required under NEPA, specific to that action.
This final rule will not affect species listed as threatened or
endangered under the Endangered Species Act (ESA) or their associated
critical habitat. The impacts of numerous fisheries have been analyzed
in various biological opinions, and this final rule will not affect the
conclusions of those opinions. The classification of fisheries on the
LOF is not considered to be a management action that would adversely
affect threatened or endangered species. If NMFS takes a management
action, for example, through the development of a TRP, NMFS would
conduct consultation under ESA section 7 for that action.
This final rule will have no adverse impacts on marine mammals and
may have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This final rule will not affect the land or water uses or natural
resources of the coastal zone, as specified under section 307 of the
Coastal Zone Management Act.
Dated: November 19, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-23076 Filed 11-26-07; 8:45 am]
BILLING CODE 3510-22-S