[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50778-50779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20006]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XI06


Marine Mammal Authorization Program Integration of Registration 
for Selected West Coast Fisheries

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

ACTION: Notice; expansion of integrated registration program.

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SUMMARY:  NMFS is providing notice that it is increasing the number of 
fisheries for which the Marine Mammal Authorization Program (MMAP) 
registration is integrated with existing state and Federal fishery 
licensing and permitting programs, beginning with the 2009 List of 
Fisheries (LOF). NMFS is integrating MMAP registration at this time 
only for specific Category I or II fisheries regulated under fishery 
management plans (FMPs) administered by the Southwest Regional Office, 
or fisheries under permits issued by the state of California. Fishermen 
who participate in a Category I or II fishery for which registration is 
not integrated with existing state or Federal permitting programs must 
continue to register directly with NMFS through the MMAP.

ADDRESSES: For West Coast fisheries, registration information and 
marine mammal injury/mortality reporting forms may be obtained from the 
following regional office: NMFS, Southwest Region, Sustainable 
Fisheries Division, Attn: Lyle Enriquez, 501 West Ocean Blvd., Suite 
4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Patricia Lawson, Office of Protected 
Resources, 301-713-2322; or Lyle Enriquez, Southwest Regional Office, 
562-980-4025.

SUPPLEMENTARY INFORMATION: According to the Marine Mammal Protection 
Act (MMPA), all fishermen who participate in a Category I or II fishery 
listed in the annual LOF must be registered with a MMAP (section 
118(c)(2)(A)). A fishery is classified on the LOF based on whether it 
has frequent (Category I), occasional (Category II), or remote 
(Category III) likelihood of incidental mortality and serious injury 
(or bycatch) of marine mammals. The MMAP provides an authorization for 
commercial fishermen which allows the incidental (i.e., non-
intentional) taking of marine mammals pursuant to the MMPA during the 
course of commercial fishing operations. Participants in Category III 
fisheries are not required to register with the MMAP. Fishermen 
participating in any commercial fishery, regardless of category, are 
required to report all incidental injuries and mortalities of marine 
mammals to NMFS within 48 hours of returning from a fishing trip. For a 
complete description of requirements for fishermen participating in 
Category I, II, and III fisheries, please consult 50 CFR part 229, 
subpart A.
    Rather than requiring all participants in Category I and II 
fisheries to register individually, the MMPA directs NMFS to integrate 
registration with existing state or Federal fishery permitting or 
licensing programs (section 118(c)(5)(A)). NMFS' goals for the 
integrated registration program include ensuring consistency in 
registration procedures across a greater number of fisheries, 
increasing the number of registrants to better reflect the level of 
participation in the fisheries, and conducting outreach to the fishing 
industry with regard to MMPA requirements. Using data from existing 
fishery licensing programs, the MMAP integration will reduce the 
registration burden on the fishing industry while facilitating the 
protection and conservation of marine mammals through increased 
outreach efforts. In a licensing system that is integrated with the 
MMAP, fishermen are not required to submit an MMAP registration/renewal 
form or the $25 processing fee to NMFS in order to receive or renew 
their MMAP Authorization Certificates.
    NMFS will integrate the following fisheries that are managed under 
the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq.: the Coastal Pelagics FMP (California anchovy, mackerel, 
and sardine purse seine fishery) fisheries, and the Highly Migratory 
Species FMP (California pelagic longline, California tuna purse seine, 
and California/Oregon drift gillnet fisheries) fisheries. In order to 
integrate state-managed fisheries, NMFS is obtaining fishery license-
holder information from the State of California. Category I and II 
state managed fisheries that NMFS will integrate include the California 
angel shark/halibut and other species set gillnet; and California squid 
purse seine fisheries. NMFS will make an annual

[[Page 50779]]

data request to the state of California for permit or license-holder 
information. Using this information, NMFS will mail MMAP Authorization 
Certificates, marine mammal injury/mortality reporting forms, and other 
program information to each permit or license-holder. Fishermen who 
participate in an integrated Category I or II state fishery do not need 
to take any additional action to register under the MMAP, as long as 
they hold a valid state fishing permit or license for the affected 
fishery. However, fishermen who participate in Category I or II state 
and/or Federal fisheries not yet integrated with the MMAP registration 
system (i.e., fisheries for which no Federal or state permits are 
required) must contact the NMFS, Southwest Regional Office, Sustainable 
Fisheries Division (see FOR FURTHER INFORMATION CONTACT), in order to 
register and receive an MMAP Authorization Certificate. If a fisherman 
participating in a Category I or II fishery, who expects to receive 
automatic registration, does not receive an Authorization Certificate 
by January 1 of each calendar year hereafter, the fisherman should 
contact NMFS (see FOR FURTHER INFORMATION CONTACT) to inquire about the 
status of his/her registration. Alternatively, he/she may apply for 
registration directly, following the procedures in 50 CFR 229.4(b). In 
any case, every fisherman fishing in a Category I or II fishery must 
have an Authorization Certificate.
    NMFS will work with the permit-issuing agencies in each state to 
identify and attempt to limit mailing of Authorization Certificates to 
only those participants in Category I and II fisheries. Some permit 
systems, however, do not allow identification of fishermen using 
specific gear types in a way that matches the fishery designation 
referenced in the LOF. In cases where NMFS or the state permit-issuing 
agency cannot confidently determine which specific fishery identified 
in the LOF each fishermen participates in, based on the permit or 
license information, NMFS may inadvertently issue Authorization 
Certificates to fishermen participating in Category III fisheries. This 
approach, which may be confusing to Category III fishermen who are not 
required to be registered under the MMAP, is necessary to ensure that 
fishermen who must register with the MMAP are not unintentionally 
excluded from notification.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-20006 Filed 8-27-08; 8:45 am]
BILLING CODE 3510-22-S