[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Notices]
[Pages 13966-13967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031006C]


Marine Mammal Authorization Program Integration of Registration 
for Selected Atlantic Ocean, Gulf of Mexico, and Caribbean Fisheries

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

ACTION: Notice of integrated registration program for Southeast 
fisheries.

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SUMMARY: NMFS is providing notice that it is increasing the number of 
fisheries for which the Marine Mammal Authorization Program (MMAP) 
registration is integrated with existing state and Federal fishery 
licensing and permitting programs. NMFS is integrating MMAP 
registration for state fisheries permitted through the states of North 
Carolina, South Carolina, Georgia, Florida, Louisiana, Alabama, 
Mississippi, Texas, Puerto Rico, and the U.S. Virgin Islands.

ADDRESSES: For east coast fisheries, MMAP marine mammal injury/
mortality reporting forms may be obtained at the following Web address: 
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf 
or from the following office:
    NMFS, Southeast Regional office, Protected Resources Division, 263 
13th Avenue South, St. Petersburg, FL 33701, Attn: Teletha Mincey.

FOR FURTHER INFORMATION CONTACT: Vicki Cornish, Southeast Regional 
Office, 727-824-5312; or Patricia Lawson, Office of Protected 
Resources, 301-713-2322. Individuals who use a telecommunications 
device for the deaf (TDD) 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:

Background

    The Marine Mammal Protection Act (MMPA) prohibits the taking 
(defined as actual or attempted harassment, hunt, capture, or kill) of 
marine mammals, with certain exceptions. The MMAP provides an 
authorization for commercial fishermen that allows the incidental 
(i.e., non-intentional) taking of marine mammals during the course of 
commercial fishing operations. NMFS must annually publish a List of

[[Page 13967]]

Fisheries (LOF)(71 FR 247, January 4, 2006), which categorizes 
commercial fisheries based on the rates or likelihood of serious injury 
or mortality (bycatch) of marine mammals incidental to each fishery. 
Specifically, Category I fisheries are those with frequent bycatch; 
Category II fisheries have occasional bycatch; and Category III 
fisheries have a remote likelihood of or no known bycatch. All 
fishermen who participate in a Category I or II fishery must be 
registered with the MMAP to receive an Authorization Certificate, which 
authorizes their incidental taking of marine mammals. Participants in 
Category III fisheries are not required to register with the MMAP. 
Fishermen participating in any commercial fishery, regardless of 
category, are required to report all incidental injuries and 
mortalities of marine mammals to NMFS within 48 hours of returning from 
a fishing trip. For a complete description of requirements for 
fishermen participating in Category I, II, and III fisheries, please 
consult 50 CFR part 229, subpart A.
    Rather than requiring all participants in Category I and II 
fisheries to register individually, the MMPA directs NMFS to integrate 
registration with existing state or Federal fishery permitting or 
licensing programs (section 118(c)(5)(A)). NMFS' goals for the 
integrated registration program include ensuring consistency in 
registration procedures across a greater number of fisheries, 
increasing the number of registrants to better reflect the level of 
participation in the fisheries, and conducting outreach to the fishing 
industry with regard to MMPA requirements. Using data from existing 
fishery licensing programs, the MMAP integration will reduce the 
registration burden on the fishing industry while facilitating the 
protection and conservation of marine mammals through increased 
outreach efforts. In a licensing system that is integrated with the 
MMAP, fishermen will no longer have to submit an MMAP Pregistration/ 
renewal form or the $25 processing fee to NMFS in order to receive or 
renew their MMAP Authorization Certificates.
    In the southeast U.S., MMAP integration has already been 
established for federally-permitted fisheries (67 FR 79905, December 
31, 2002), but MMAP integration has not heretofore been established for 
state-permitted fisheries. For 2006 and beyond, NMFS will be 
integrating the MMAP registration process for all Southeast state-
permitted fisheries as identified in the final 2005 LOF (71 FR 247, 
January 4, 2006). Southeast state fisheries include those permitted by 
the states of North Carolina, South Carolina, Georgia, Alabama, 
Mississippi, Louisiana, Texas, Puerto Rico, and the U.S. Virgin 
Islands.
    NMFS will make an annual data request to each of these states for 
permit or license-holder information. Using this information, NMFS will 
mail MMAP Authorization Certificates, marine mammal injury/mortality 
reporting forms, and other program information to each permit or 
license-holder. Fishermen who participate in an integrated Category I 
or II state fishery do not need to take any additional action to 
register under the MMAP, as long as they hold a valid state fishing 
permit or license for the affected fishery. However, fishermen who 
participate in state and/or Federal fisheries not yet integrated with 
the MMAP registration system (i.e., fisheries for which no Federal or 
state permits are required) must contact the NMFS, Southeast Regional 
Office, Protected Resources Division, in order to register and receive 
an MMAP authorization certificate. If a fisherman participating in a 
Category I or II fishery, who expects to receive automatic 
registration, does not receive their authorization certificate by March 
31, 2006, or by January 1 of each calendar year thereafter, the 
fisherman should contact NMFS (see FOR FURTHER INFORMATION CONTACT) to 
inquire about the status of their registration. Alternatively, they may 
apply for registration directly, following the procedures in 50 CFR 
229.4(b).
    NMFS will work with the permit-issuing agencies in each state to 
identify and attempt to limit mailing of authorization certificates to 
only those participants in Category I and II fisheries. Some permit 
systems, however, do not allow identification of fishermen using 
specific gear types in a way that matches the fishery designation 
referenced in the LOF. In cases where NMFS or the state permit-issuing 
agency cannot confidently determine which specific fishery identified 
in the LOF each fishermen participates in, based on the permit or 
license information, NMFS may inadvertently issue Authorization 
Certificates to fishermen participating in Category III fisheries. This 
approach, which may be confusing to Category III fishermen who are not 
required to be registered under the MMAP, is necessary to ensure that 
fishermen who need to register with the MMAP are not unintentionally 
excluded.

    Dated: March 13, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E6-3995 Filed 3-17-06; 8:45 am]
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