[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35393-35419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12556]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 070417093-7109-01]
RIN 0648-AV54


List of Fisheries for 2008

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

ACTION: Proposed rule; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its 
proposed List of Fisheries (LOF) for 2008, as required by the Marine 
Mammal Protection Act (MMPA). The proposed 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: Comments must be received by August 27, 2007.

ADDRESSES: Send comments to Chief, Marine Mammal and Sea Turtle 
Conservation Division, Attn: List of Fisheries, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. 
Comments may also be sent via e-mail to [email protected], via 
fax to 301-427-2522, or to the Federal eRulemaking portal: http://www.regulations.gov (follow instructions for submitting comments).
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in this 
proposed rule, should be submitted in writing to Chief, Marine Mammal 
and Sea Turtle Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to David 
Rostker, OMB, by fax to 202-395-7285 or by e-mail to [email protected].
    See SUPPLEMENTARY INFORMATION for a listing of all Regional 
offices.

FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected 
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9328; 
Nancy Young, Southeast Region, 727-551-5607; 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

[[Page 35394]]

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/mmap, 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 13\th\ 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 
9\th\ 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 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 incidental serious 
injury or mortality 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 serious injury or mortality 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 types 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 do I 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

[[Page 35395]]

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.
    NMFS refers readers to the SARs for the most current information on 
the level of observer coverage for each fishery. 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 Web site: http://www.st.nmfs.gov/st4/nop/.

How Do I Find Out if a Specific Fishery is in Category I, II, or III?

    This proposed rule includes 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?

    Currently, 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, 
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 Fisheries 
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).
    NMFS faces significant challenges in accurately categorizing high 
seas fisheries in the LOF. As discussed under ``Fishery Classification 
Criteria'', 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. 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 PBR levels, for marine 
mammal stocks on the high seas. As a result, NMFS does not have 
sufficient information on marine mammal stock abundances or the level 
of marine mammal-fishery interactions on the high seas to classify high 
seas fisheries on the LOF at this time. NMFS will continue to explore 
options for the potential inclusion of high seas fisheries in a future 
LOF using available information. NMFS will also continue to gather 
available information on existing U.S.-authorized high seas fisheries, 
marine mammal stock abundances on the high seas, and levels of marine 
mammal-fishery interactions on the high seas in order to accurately 
categorize high seas fisheries for potential inclusion on future LOFs.

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 MMPA registration 
process with existing state and Federal fishery license, registration, 
or permit systems. Participants in these fisheries are automatically 
registered under the MMPA 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. Vessel or gear 
owners who operate in an integrated fishery and have not received an 
authorization certificate by January 1 of each new year or with renewed 
state fishing licenses (as in Washington and Oregon) must contact their 
NMFS Regional Office (see ADDRESSES). 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 Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic 
Sharks Longline/Set line Fishery.

How Do I Renew My Registration Under the MMPA?

    Vessel or gear owners that participate in fisheries that have 
integrated registration programs (described above) are automatically 
renewed and should receive an authorization certificate by January 1 of 
each new year, with the

[[Page 35396]]

exception of Washington and Oregon Category II fisheries. Washington 
and Oregon fishers receive authorization with each renewed state 
fishing license, the timing of which varies based on target species. 
Vessel or gear owners who participate in an integrated fishery and have 
not received authorization certificates by January 1 or with renewed 
fishing licenses (Washington and Oregon) must contact the appropriate 
NMFS Regional Office (see ADDRESSES). Vessel or gear owners that 
participate in fisheries that do not have integrated registration 
programs and that have previously registered in a Category I or II 
fishery will receive a renewal packet from the appropriate NMFS 
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 appropriate NMFS 
Regional Office at least 30 days in advance of fishing. Individuals who 
have not received a renewal packet by January 1 or are registering for 
the first time must request a registration form from the appropriate 
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 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 report 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 
requirements can be found at 50 CFR 229.30-34.

Sources of Information Reviewed for the Proposed 2008 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the SARs for all observed fisheries 
to determine whether changes in fishery classification were warranted. 
NMFS' SARs are based on the best scientific information available at 
the time of preparation, including the level of serious injury and 
mortality of marine mammals that occurs incidental to commercial 
fisheries and the PBR levels of marine mammal stocks. The information 
contained in the SARs is reviewed by regional Scientific Review Groups 
(SRGs) representing Alaska, the Pacific (including Hawaii), and the 
U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by 
the MMPA to review the science that informs the SARs, and to advise 
NMFS on population status and trends, stock structure, uncertainties in 
the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
    The proposed 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. All the SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

Fishery Descriptions

    Many fisheries on the LOF only partially been described in the LOF, 
or not at all. 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. 
Below, NMFS briefly describes each Category I and II fishery in the 
proposed LOF for 2008. 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.

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.

[[Page 35397]]

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 and pelagic thresher sharks, swordfish, and 
mako shark 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, dorado, 
groundfish, coastal pelagics, and crab. 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 Oregon, with the majority of 
effort occurring from October to December. Oregon 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.
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 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 California 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 Fishery (mesh 
size >3.5 in. and <14 in.)
    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 measures 1.25 in (3 cm). The fishery operates year-round 
predominantly in southern CA (including the Channel Islands) from San 
Pedro, San Diego, Oceanside, and Dana Point, 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 opportunist 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)

[[Page 35398]]

intervals. A shallow-set typically has 800-1,300 hooks with large squid 
or mackerel for bait. Most shallow-set fishing took 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.
OR Swordfish Floating Longline Fishery
    The Category II OR swordfish floating (i.e., surface or pelagic) 
longline fishery targets swordfish using a buoyed mainline fitted with 
leaders and baited hooks. The mainline is fished near the surface and 
is suspended from buoys. Swordfish longlines may not exceed 1,000 
fathoms (6,000 ft; 1,829 m) in length and must be attached at one end 
to the vessel when fishing. The gear is typically set in the evening 
and retrieved in the morning. Fishing could occur year-round; however, 
effort generally terminates by late fall. This fishery, like the ``CA 
pelagic longline'' fishery discussed above, is managed under the 
Pacific HMS FMP, which prohibits targeting swordfish with longlines 
within the EEZ. Shallow-set methods used for swordfish are also 
prohibited east of 150[deg]W. long. While this fishery can operate 
outside the U.S. EEZ, it is a developmental fishery with virtually no 
participants. There were no active permit holders in this fishery from 
2000-2005. As a result, NMFS is proposing to remove this fishery from 
the 2008 LOF. Please see ``Summary of Changes to the LOF for 2008'' for 
more information.
OR Blue Shark Floating Longline Fishery
    The Category II OR blue shark floating (i.e., surface or pelagic) 
longline fishery targets blue sharks off the coast of OR using a buoyed 
mainline fitted with leaders and baited hooks. The mainline is fished 
near the surface and is suspended from buoys. Shark longlines must be 
marked at each terminal surface end with a pole and flag, an operating 
light, a radar reflector, and a buoy showing clear identification and 
gear owner. The gear is typically set in the evening and retrieved in 
the morning. The fishery occurs year-round, however, effort generally 
terminates in the fall. This fishery is managed under the Pacific HMS 
FMP, which prohibits targeting highly migratory species such as blue 
shark with longlines within the U.S. EEZ. While this fishery can 
operate outside the U.S. EEZ, the number of Oregon Developmental 
Fishery Permits for fishing blue shark using a floating longline is 
limited to 10. From 2000-2005, there were fewer than 5 permits issued 
annually for this fishery. As a result, NMFS is proposing to remove 
this fishery from the 2008 LOF. Please see ``Summary of Changes to the 
LOF for 2008'' for more information.
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 
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 Alaska 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 Alaska 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

[[Page 35399]]

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 is 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 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 managed by ADFG as a 
limited entry fishery with gear restrictions (mesh and net size) and 
area closures. The tribal portion of this

[[Page 35400]]

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 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. Large mesh (10-14 in 
[25-35.6 cm]) sink gillnets, either tied down or set upright without 
floats using a polyfoam core floatline, are used when targeting 
monkfish. 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 Virginia/North Carolina 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. 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. This fishery is also managed by the Atlantic Large Whale Take 
Reduction Plan (ALWTRP) and the

[[Page 35401]]

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 North Carolina/South Carolina 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; 
North Carolina inshore gillnet; Delaware River inshore gillnet; Long 
Island Sound inshore gillnet; and Rhode Island, southern Massachusetts 
(to Monomy Island), and New York Bight (Raritan and Lower New York 
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 Team (BDTRT). 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 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 
Maine to New Jersey 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. 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. 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

[[Page 35402]]

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 fisher 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 Maine 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 following definition is proposed in the 2008 LOF. For the 
existing 2007 definition, see ``Fishery Name and Organization Changes 
and Clarifications'' for Atlantic, Gulf of Mexico and Caribbean 
fisheries below.
    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 North Carolina to New Jersey. 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 New York, south to Hatteras Canyon off North 
Carolina. 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 Maine-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.
Virginia Pound Net Fishery
    The Category II Virginia pound net fishery targets weakfish, spot, 
and croaker using stationary gear in nearshore coastal and estuarine 
waters off Virginia. Pound net gear includes a large mesh lead posted 
perpendicular to the shoreline and extending outward to the corral, or 
``heart,'' where the catch accumulates. This fishery includes all pound 
net effort in Virginia State waters, including waters inside the 
Chesapeake Bay. The fishery is managed under Interstate FMPs for 
Atlantic Croaker and Spot, and is subject to BDTRP implementing 
regulations.
Atlantic Mixed Species Trap/Pot Fishery
    The Category II Atlantic mixed species trap/pot fishery's targets 
species including, but 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, and American eel. The fishery includes all trap/
pot operations for species other than American lobster and blue crab 
from the Maine-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.
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 BDTRP and ALWTRP implementing regulations.
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 North Carolina/South Carolina border. The 
gear is managed by several state and Federal FMPs that range from 
Massachusetts to North Carolina.
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

[[Page 35403]]

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
    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 beach seines soak for less than 2 hours. The fishery occurs 
in waters west of 72[deg] 30'W. long. and north of a line extending due 
east from the North Carolina-South Carolina border. Fishing on the 
Outer Banks, NC, occurs primarily in the spring (April to June) and 
fall (October to December). The fishery is managed under the Interstate 
FMPs for Bluefish and for Atlantic Striped Bass of the Atlantic Coast 
from Maine through North Carolina, and is subject to BDTRP implementing 
regulations.
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 North Carolina 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 Florida 
and Georgia.
     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). Under the ALWTRP, various restrictions are in place 
during right whale calving season from November 15 through April 15.
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 
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 North Carolina-South 
Carolina 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 South 
Carolina, Georgia, and Florida 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 
implementing regulations.
North Carolina Inshore Gillnet Fishery
    The Category II North Carolina 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 North Carolina. 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). This fishery is subject to 
BDTRP implementing regulations.
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 
Texas and Florida State waters, but fixed and runaround gillnets are 
currently used in Louisiana, Mississippi, and Alabama, 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.
North Carolina Long Haul Seine Fishery
    The Category II North Carolina 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 1,000-2,000 yard (3,000-6,000 ft) 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 North 
Carolina, 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 the BDTRP.

[[Page 35404]]

North Carolina Roe Mullet Stop Net Fishery
    The Category II North Carolina 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 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 Louisiana and Mississippi, 
with lesser effort in Alabama and Texas State waters. Florida prohibits 
the use of purse seines in state waters. The fishery is managed under 
the GSMFC Interstate Gulf Menhaden FMP.

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
    NMFS proposes to elevate the ``CA yellowtail, barracuda, and white 
seabass drift gillnet (mesh size >3.5 inches and <14 inches)'' fishery 
(proposed to be changed to ``CA yellowtail, barracuda, and white 
seabass drift gillnet (mesh size [gteqt]3.5 inches and <14 inches)'' 
fishery in this proposed rule) from a Category II fishery to a Category 
I fishery based upon observer documented interactions with the CA stock 
of long-beaked common dolphins in 2003 and 2004. The estimated annual 
mortality of long-beaked common dolphins in this fishery is 9 dolphins. 
The PBR for the CA stock of long-beaked common dolphin is 11 animals 
(draft U.S. Pacific SAR for 2007). Therefore, the estimated annual 
serious injury and mortality in this fishery is approximately 82 
percent of the stock's PBR. Category I classification is necessary 
because the mean serious injury and mortality of the CA stock of long-
beaked common dolphins in this fishery exceeds 50 percent of its PBR. 
NMFS also proposes to remove the superscript ``\2\'' (i.e., a Category 
II fishery classification based on analogy with another fishery) from 
this fishery and add a superscript ``\1\'' (which represents which 
stocks are driving a fishery's classification) after long-beaked common 
dolphin in Table 1, as bycatch of the CA stock of long-beaked common 
dolphin is driving the proposed reclassification to Category I.
Removal of Fisheries from the LOF
    NMFS proposes to remove the Category II ``OR blue shark floating 
longline'' fishery and the Category II ``OR swordfish floating 
longline'' fishery from the LOF. The Pacific HMS FMP regulations (50 
CFR 660.712(a)) and ESA regulations (50 CFR 223.206(d)(9)) prohibit the 
use of longline gear to target HMS species in the U.S. Pacific EEZ and 
prohibit the use of shallow-set longline gear outside the U.S. Pacific 
EEZ. As a result, the State of Oregon is no longer issuing 
developmental permits for these fisheries.
Fishery Name and Organizational Changes and Clarifications
    NMFS proposes to modify the name of the Category III ``CA set and 
drift gillnet fisheries that use a stretched mesh size of 3.5 in or 
less'' to the ``CA set gillnet fishery (mesh size <3.5 inches)''. This 
definition better describes the fishery and is consistent with the 
California Fish and Game Code regulating state commercial fisheries in 
marine waters.
    NMFS proposes to modify the name of the Category II (proposed for 
elevation to a Category I in this proposed rule) ``CA yellowtail, 
barracuda, and white seabass drift gillnet (mesh size >3.5 inches and 
<14 inches)'' fishery to ``CA yellowtail, barracuda, and white seabass 
drift gillnet (mesh size [gteqt]3.5 inches and <14 inches)'' fishery. 
This change is consistent with the minimum mesh size allowed in this 
fishery, 3.5 in (8.9 cm), as defined in California's Fish and Game 
Code.
    NMFS received comments on the 2007 LOF regarding take of humpback 
and gray whales in Category III trap/pot fisheries on the Pacific 
Coast, which prompted NMFS to review the various west coast pot and 
trap fisheries. Reports to the Marine Mammal Stranding Network in the 
Pacific Northwest (OR and WA) indicate that gray whale entanglements in 
commercial crab gear occurs in both states; however, no takes of 
humpback whales in crab gear have been reported in the Northwest Region 
from 2001 to present. The 2005 Alaska SAR for the Eastern North Pacific 
stock of gray whale estimated the total fisheries incidental serious 
injury and mortality for this stock at less than 10 percent of the 
stock's PBR level. The crab fisheries in Oregon and Washington are both 
state regulated limited entry fisheries and both states have recently 
enacted regulations to reduce and limit the number of pots used by 
fishery participants. 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 is not recommending 
reclassification of the crab pot fishery 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.
Number of Vessels/Persons
    NMFS proposes to update the estimated number of vessels or persons 
in the Category III ``CA abalone'' fishery from 111 to zero. The State 
of California closed the commercial abalone fishery in 1997 due to 
declines in all five species of abalone. The State of California is 
currently involved in a fishery development process that may allow a 
limited red abalone fishery at San Miguel Island, CA. NMFS will 
continue to monitor this fishery and update the LOF as appropriate.
    NMFS proposes to update the estimated number of vessels or persons 
in the Category III ``CA set and drift gillnet fisheries that use a 
stretched mesh size of 3.5 in or less'' (proposed to be changed to the 
``CA set gillnet (mesh size <3.5 inches)'' fishery in this proposed 
rule) from 341 to 304, based upon the number of permits issued in the 
herring fishery and the number of vessels that use this gear to target 
other fish species. The number of active vessels in this fishery varies 
yearly.
    NMFS proposes to update the estimated number of vessels or persons 
in the Category II ``CA anchovy, mackerel, and sardine purse seine'' 
fishery from 100 to 63.
    NMFS proposes to update the estimated number of vessels or persons 
in the Category II ``CA squid purse seine'' fishery from 65 to 71.
    NMFS proposes to update the estimated number of vessels or persons

[[Page 35405]]

in the Category III ``Hawaii inshore gillnet'' fishery from 35 to 5.
List of Species That are Incidentally Injured or Killed
    NMFS proposes to add the Hawaiian stocks of striped dolphin and 
Bryde's whale to the list of marine mammal species and stocks 
incidentally injured or killed in the ``Hawaii swordfish, tuna, 
billfish, mahi mahi, wahoo, oceanic sharks longline/set line'' fishery 
based on observed serious injury and mortalities in the HI-based 
longline fishery. A Bryde's whale was observed injured in 2005 and a 
striped dolphin was observed killed in 2006.
    NMFS proposes to remove the Gulf of Alaska, Aleutian Islands, and 
Bering Sea transient stock of killer whales from 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. Genetic analyses of tissue samples collected by 
observers over the past few years have indicated that the mortalities 
incidental to these two fisheries were resident killer whales (2006 
Final SARs [72 FR 12774, March 19, 2007]). Genetic analyses indicated 
that the mortalities incidental to the ``Bering Sea and Aleutian 
Islands pollack trawl'' fishery were transient killer whales (2006 
Final SARs [72 FR 12774, March 19, 2007]). Therefore, the transient 
stock of killer whales remains on the list of species or stocks 
incidentally killed or injured in the pollack trawl fishery.

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

Addition of Fisheries to the LOF
    NMFS proposes to add the ``Georgia cannonball jellyfish trawl'' 
fishery as a Category III fishery. This is an experimental mid-water 
trawl fishery targeting cannonball jellyfish and operating in state and 
Federal waters off of Georgia between February and April. Participation 
in this fishery requires a permit and the use of a turtle excluder 
device (TED). Eight vessels were issued permits each year between 2004-
2006. However, the number of active vessels decreased from 8 in 2004 to 
1 in 2006, and the Georgia Department of Natural Resources (DNR) 
expects participation in this experimental fishery to remain low. The 
Georgia DNR conducts bycatch assessments in experimental fisheries 
permitted by the state. Less than 5 percent of the fishery has been 
assessed for the last several years combined. No marine mammal species 
or stocks have been observed incidentally seriously injured or killed 
in this fishery (Pers. Comm., Julie Califf, Georgia DNR; Atlantic 
States Marine Fisheries Commission, 2006).
Removal of Fisheries from the LOF
    NMFS proposes to remove the Category III ``U.S.-mid Atlantic hand 
seine'' fishery from the LOF. This fishery was added to the LOF in 1996 
based on historical information and was placed in Category III by 
analogy to other hand seine fisheries (60 FR 31681, June 16, 1995). No 
marine mammal stocks have been documented as seriously injured or 
killed in this fishery. No new information on this fishery has been 
identified since its addition in 1996, and therefore NMFS proposed to 
remove it from the LOF.
Fishery Name and Organizational Changes and Clarifications
Southeast Atlantic Gillnet Fishery
    NMFS proposes to remove shad from the list of target species 
associated with the Category II ``Southeast Atlantic gillnet'' fishery. 
A total closure of the ocean intercept fishery for American shad was 
implemented January 1, 2005, under Amendment 1 to the Interstate FMP 
for Shad and River Herring. Remaining gillnet effort targeting shad and 
river herring in inshore rivers and bays is included in the Category 
III ``Southeast Atlantic inshore gillnet'' fishery.
Mid-Atlantic Gillnet Fishery
    NMFS proposes to clarify the boundaries and excluded fisheries in 
the Category I ``mid-Atlantic gillnet'' fishery. Currently, the 
boundaries for the mid-Atlantic gillnet fishery are defined as 
including ``fishing for any target species using any type of gillnet 
gear 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 
North Carolina-South Carolina border'' (71 FR 70346, December 4, 2006). 
NMFS proposes to clarify this boundary definition through the addition 
of the following language, ``North Carolina-South Carolina 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; North Carolina 
inshore gillnet; Delaware River inshore gillnet; Long Island Sound 
inshore gillnet; and Rhode Island, southern Massachusetts (to Monomy 
Island), and New York Bight (Raritan and Lower New York Bays) inshore 
gillnet''.
Atlantic Mixed Species Trap/Pot Fishery
    NMFS proposes to clarify the boundaries and excluded fisheries in 
the Category II ``Atlantic mixed species trap/pot'' fishery. Currently, 
the boundaries are defined as extending throughout the U.S. Atlantic 
waters from Maine to Florida (68 FR 1420, January 10, 2003). NMFS 
proposes to clarify this boundary definition, as well as those 
fisheries not included in the definition, by adding the following, 
``The Atlantic mixed species trap/pot fishery (Category II) includes 
all trap/pot operations for species from the Maine-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; 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)''.
    NMFS also proposes to expand the list of fish species targeted by 
the Category II ``Atlantic mixed species trap/pot'' fishery. NMFS added 
this Category II fishery to the 2003 LOF to encompass the ``Northeast 
trap/pot'', the ``mid-Atlantic mixed species trap/pot'', the ``U.S. 
mid-Atlantic and Southeast U.S. Atlantic black sea bass trap/pot'' 
fisheries and any other trap/pot fisheries otherwise not identified in 
the LOF, based on the use of similar gear and the potential for marine 
mammal entanglements. In the final 2007 LOF (72 FR 14474, March 28, 
2007), NMFS expanded the target fish species in the Atlantic mixed 
species trap/pot fishery to include, but not be 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 and American eel (not included in the LOF's ``U.S. 
Mid-Atlantic eel trap/pot'' fishery description). NMFS has recently 
become aware that this fishery is targeting an additional species, 
cunner. Therefore, NMFS proposes to expand the list of species 
associated with this fishery to also include cunner.
Mid-Atlantic Flynet Fishery
    NMFS believes that at this time, changes to the current Category II 
``mid-Atlantic flynet'' fishery definition are warranted for 
maintaining consistency

[[Page 35406]]

with the North Carolina definitions of the ``flynet fishery'' and other 
Federal definitions for this fishery (CFR 50 CFR 697.2; 72 FR 7382, 
February 15, 2007). NMFS proposes to clarify this fishery definition by 
replacing the current definition provided in the LOF in 2007 (71 FR 
70345, December 4, 2006) 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 
North Carolina to New Jersey. 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 New York, south 
to Hatteras Canyon off North Carolina. 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 with mid-
Atlantic states and NMFS regional Fisheries Science Centers to resolve 
these concerns. Through this proposed 2008 LOF, NMFS also solicits 
additional public comments, or information, concerning characteristics 
associated with the ``Flynet Fishery'' from New Jersey to North 
Carolina.
List of Species That are Incidentally Seriously Injured or Killed
    NMFS proposes to add the Northern Gulf of Mexico continental shelf 
and Eastern Gulf of Mexico coastal stocks of bottlenose dolphins to the 
list of marine mammal species and stocks incidentally injured or killed 
in the ``Southeastern U.S. Atlantic, Gulf of Mexico, shark bottom 
longline/hook-and-line'' fishery. Three interactions with bottlenose 
dolphins have been documented through the Commercial Shark Fishery 
Observer Program, which monitored the fishery between 1994 and 2004. 
Two of the interactions involved ``hooked'' dolphins released alive 
(1999 and 2002), and one interaction resulted in a mortality (2003) 
[Pers. Comm., G. Burgess and A. Morgan; Burgess and Morgan, 2003A; 
Burgess and Morgan, 2003B). Based on the spatial information provided 
by the observer program, NMFS determined that the dolphins were likely 
part of the Gulf of Mexico coastal and continental shelf stocks. 
Although bycatch estimates for the shark bottom longline fishery have 
not been extrapolated for marine mammal stocks, NMFS believes that 
interactions with bottlenose dolphins are rare. This fishery is 
currently observed with an annual target of 3.9 percent coverage. No 
bottlenose dolphins have been observed injured or killed within the 
last five years. However, the fishery still operates in the same 
general areas and uses the same type of gear; therefore, NMFS believes 
the fishery continues to present a low level of risk for interactions.
    NMFS proposes to change the name of the bottlenose dolphin stocks 
incidentally seriously injured or killed in the ``Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline'' and ``Gulf of 
Mexico butterfish trawl'' fisheries 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 
names of these stocks were changed in the 2003 and 2005 SARs and the 
LOF should have also been updated at that time. This proposal corrects 
that oversight.
    NMFS proposes to change the name of the humpback whale stock 
incidentally killed/injured from ``Western North Atlantic (WNA)'' to 
``Gulf of Maine'' for the ``Northeast sink gillnet'' (Category I), 
``Northeast/mid-Atlantic American lobster trap/pot'' (Category I), 
``Northeast anchored float gillnet'' (Category II), and ``Gulf of 
Maine, U.S. mid-Atlantic tuna, shark, swordfish hook-and-line/harpoon'' 
(Category III) fisheries to reflect the interactions taking place 
between these fisheries and humpback whales from the Gulf of Maine 
feeding stock. During 2002, the Gulf of Maine stock was classified as a 
separate feeding stock based on research conducted along the Nova 
Scotian Shelf that showed a strong fidelity by individual whales to 
this region. The reclassification was based on the assumption that, 
were this subpopulation wiped out, repopulation by immigration from 
adjacent areas would not occur on any reasonable timescale (U.S. 
Atlantic and Gulf of Mexico Stock Assessments, 2005; 71 FR 26340, May 
4, 2006). Subsequent support included genetic analyses conducted by 
Pasb l et al. in 1995. During the Comprehensive Assessment of North 
Atlantic Humpback Whales, the International Whaling Commission also 
acknowledged that evidence existed for treating the Gulf of Maine as a 
separate stock for the purpose of management (IWC 2002).

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 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, which are greater than 1 percent of a 
stock's PBR level, 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

[[Page 35407]]

``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 yellowtail, barracuda, and   24              California sea lion,
 white seabass drift gillnet                     U.S.
 fishery (mesh size [gteqt]3.5                  Long-beaked common
 inches and <14 inches)                          dolphin, CA\1\
                                                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
                                                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
------------------------------------------------------------------------
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 35408]]

 
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)
------------------------------------------------------------------------
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\
------------------------------------------------------------------------
CA tuna purse seine2            10              None documented
------------------------------------------------------------------------
TRAWL FISHERIES:                ..............  ........................
------------------------------------------------------------------------

[[Page 35409]]

 
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)
------------------------------------------------------------------------
Hawaii 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:
------------------------------------------------------------------------
AK Metlakatla salmon purse      10              None documented
 seine
------------------------------------------------------------------------
AK miscellaneous finfish beach  1               None documented
 seine
------------------------------------------------------------------------

[[Page 35410]]

 
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
------------------------------------------------------------------------
Guam tuna troll                 401             None documented
------------------------------------------------------------------------
HI trolling, rod and reel       1,321           None documented
------------------------------------------------------------------------

[[Page 35411]]

 
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 35412]]

 
WA, OR, CA groundfish trawl     585             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
------------------------------------------------------------------------

[[Page 35413]]

 
HI Main Hawaiian Islands,       300             Hawaiian monk seal
 Northwest Hawaiian Islands
 deep sea bottomfish
------------------------------------------------------------------------
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                      1               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:
------------------------------------------------------------------------

[[Page 35414]]

 
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.
------------------------------------------------------------------------
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:              ............  .........................
------------------------------------------------------------------------

[[Page 35415]]

 
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:              ............  .........................
------------------------------------------------------------------------
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
------------------------------------------------------------------------
North Carolina 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
------------------------------------------------------------------------

[[Page 35416]]

 
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:           ............  .........................
------------------------------------------------------------------------
Gulf of Mexico menhaden purse    50            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\
------------------------------------------------------------------------
North Carolina long haul seine   33            Bottlenose dolphin, WNA
                                                coastal\1\
------------------------------------------------------------------------
STOP NET FISHERIES:              ............  .........................
------------------------------------------------------------------------
North Carolina roe mullet stop   13            Bottlenose dolphin, WNA
 net                                            coastal\1\
------------------------------------------------------------------------
POUND NET FISHERIES:             ............  .........................
------------------------------------------------------------------------
Virginia pound net               187           Bottlenose dolphin, WNA
                                                coastal\1\
------------------------------------------------------------------------
Category III
--------------------------------              --------------------------
GILLNET FISHERIES:               ............  .........................
------------------------------------------------------------------------
Caribbean gillnet                >991          Dwarf sperm whale, WNA
                                               West Indian manatee,
                                                Antillean
------------------------------------------------------------------------
Delaware River inshore gillnet   60            None documented
------------------------------------------------------------------------
Long Island Sound inshore        20            None documented
 gillnet
------------------------------------------------------------------------
Rhode Island, southern           32            None documented
 Massachusetts (to Monomoy
 Island), and New York Bight
 (Raritan and Lower New York
 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
------------------------------------------------------------------------

[[Page 35417]]

 
Georgia cannonball jellyfish     1             None documented
 trawl
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Florida west coast sardine       10            Bottlenose dolphin,
 purse seine                                    Eastern GMX coastal
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Florida 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:
------------------------------------------------------------------------

[[Page 35418]]

 
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:      ............  .........................
------------------------------------------------------------------------
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: FL - Florida; GA -
  Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - Gulf of Mexico; NC
  - North Carolina; SC - South Carolina; TX - Texas; 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

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed 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 proposed 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,

[[Page 35419]]

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 proposed 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 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 proposed 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 proposed rule would not make any significant 
change in the management of reclassified fisheries, and therefore, this 
proposed 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 proposed 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 proposed 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 proposed 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 proposed 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.

References

    Atlantic States Marine Fisheries Commission. 2006. Draft Report. 
Characterization of Georgia Commercial and Recreational Fisheries by 
Gear Type: The Potential for Interaction with Sea Turtles.
    Burgess, G. and A. Morgan. 2003A. Final Report NA97FF0041. Renewal 
of an observer program to monitor the directed commercial shark fishery 
in the Gulf of Mexico and South Atlantic.
    Burgess, G. and A. Morgan. 2003B. Final Report NA16FM1598, National 
Marine Fisheries Service Award. Renewal of an observer program to 
monitor the directed commercial shark fishery in the Gulf of Mexico and 
South Atlantic: 2002(2) and 2003(1) fishing seasons.
    Burgess, G. and A. Morgan. 2007. Personal Communication.
    Califf, J. 2007. Personal Communication.

    Dated: June 21, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-12556 Filed 6-27-07; 8:45 am]
BILLING CODE 3510-22-S