Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27739 

OAR–2009–0142, by one of the 

following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

• E-mail: steckel.andrew@epa.gov. 

• Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Al 

Petersen, Permits Office (AIR–4), U.S. 

Environmental Protection Agency, 

Region IX, (415) 947–4118, 

petersen.alfred@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the approval of 

AVAQMD Rule 444 and SCAQMD Rule 

445. In the Rules and Regulations 

section of this Federal Register, we are 

approving these local rules in a direct 

final action without prior proposal 

because we believe this SIP revision is 

not controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: April 14, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–13482 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 090218194–9196–01] 

RIN 0648–AX65 

List of Fisheries for 2010 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

proposed List of Fisheries (LOF) for 

2010, as required by the Marine 

Mammal Protection Act (MMPA). The 

proposed LOF for 2010 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 10, 2009. 

ADDRESSES: Send comments by any one 

of the following methods. 

(1) Electronic Submissions: Submit all 

electronic comments through the 

Federal eRulemaking portal: http:// 

www.regulations.gov (follow 

instructions for submitting comments). 

(2) Mail: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Attn: 

List of Fisheries, Office of Protected 

Resources, NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Comments regarding the burden-hour 

estimates, or any other aspect of the 

collection of information requirements 

contained in this proposed rule, should 

be submitted in writing to Chief, Marine 

Mammal and Sea Turtle Conservation 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Silver 

Spring, MD 20910, or to David Rostker, 

OMB, by fax to 202–395–7285 or by 

email to DavidlRostker@omb.eop.gov. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields, if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

See SUPPLEMENTARY INFORMATION for a 

listing of all Regional Offices. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Andersen, Office of Protected 

Resources, 301–713–2322; David 

Gouveia, Northeast Region, 978–281– 

9280; Anne Ney, Southeast Region, 727– 

551–5758; Elizabeth Petras, Southwest 

Region, 562–980–3238; Brent Norberg, 

Northwest Region, 206–526–6733; 

Bridget Mansfield, Alaska Region, 907– 

586–7642; Lisa Van Atta, Pacific Islands 

Region, 808–944–2257. Individuals who 

use a telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800– 

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Availability of Published Materials 

Information regarding the LOF and 

the Marine Mammal Authorization 

Program, including registration 

procedures and forms, current and past 

LOFs, observer requirements, and 

marine mammal injury/mortality 

reporting forms and submittal 

procedures, may be obtained at: http:// 

www.nmfs.noaa.gov/pr/interactions/lof/ 

, or from any NMFS Regional Office at 

the addresses listed below: 


cprice-sewell on PRODPC61 with PROPOSALS
27740 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

NMFS, Northeast Region, Fifty five 

Great Republic Drive, Gloucester, MA 

01930–2298, Attn: Marcia Hobbs; 

NMFS, Southeast Region, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Attn: Teletha Mincey; 

NMFS, Southwest Region, 501 W. 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213, Attn: Lyle Enriquez; 

NMFS, Northwest Region, 7600 Sand 

Point Way NE, Seattle, WA 98115, Attn: 

Permits Office; 

NMFS, Alaska Region, Protected 

Resources, P.O. Box 22668, 709 West 

9th Street, Juneau, AK 99802, Attn: 

Bridget Mansfield; or 

NMFS, Pacific Islands Region, 

Protected Resources, 1601 Kapiolani 

Boulevard, Suite 1100, Honolulu, HI 

96814–4700, Attn: Lisa Van Atta. 

What is the List of Fisheries? 

Section 118 of the MMPA requires 

NMFS to place all U.S. commercial 

fisheries into one of three categories 

based on the level of incidental serious 

injury and mortality of marine mammals 

occurring in each fishery (16 U.S.C. 

1387(c)(1)). The classification of a 

fishery on the LOF determines whether 

participants in that fishery may be 

required to comply with certain 

provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan requirements. NMFS 

must reexamine the LOF annually, 

considering new information in the 

Marine Mammal Stock Assessment 

Reports (SAR) and other relevant 

sources, and publish in the Federal 

Register any necessary changes to the 

LOF after notice and opportunity for 

public comment (16 U.S.C. 1387 

(c)(1)(C)). 

How Does NMFS Determine in which 

Category a Fishery is Placed? 

The definitions for the fishery 

classification criteria can be found in 

the implementing regulations for section 

118 of the MMPA (50 CFR 229.2). The 

criteria are also summarized here. 

Fishery Classification Criteria 

The fishery classification criteria 

consist of a two-tiered, stock-specific 

approach that first addresses the total 

impact of all fisheries on each marine 

mammal stock, and then addresses the 

impact of individual fisheries on each 

stock. This approach is based on 

consideration of the rate, in numbers of 

animals per year, of incidental 

mortalities and serious injuries of 

marine mammals due to commercial 

fishing operations relative to the 

potential biological removal (PBR) level 

for each marine mammal stock. The 

MMPA (16 U.S.C. 1362 (20)) defines the 

PBR level as the maximum number of 

animals, not including natural 

mortalities, that may be removed from a 

marine mammal stock while allowing 

that stock to reach or maintain its 

optimum sustainable population. This 

definition can also be found in the 

implementing regulations for section 

118 of the MMPA (50 CFR 229.2). 

Tier 1: If the total annual mortality 

and serious injury of a marine mammal 

stock, across all fisheries, is less than or 

equal to 10 percent of the PBR level of 

the stock, all fisheries interacting with 

the stock would be placed in Category 

III (unless those fisheries interact with 

other stock(s) in which total annual 

mortality and serious injury is greater 

than 10 percent of PBR). Otherwise, 

these fisheries are subject to the next 

tier (Tier 2) of analysis to determine 

their classification. 

Tier 2, Category I: Annual mortality 

and serious injury of a stock in a given 

fishery is greater than or equal to 50 

percent of the PBR level. 

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). 

Because 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 of mortality is 

‘‘occasional’’ by evaluating other factors 

such as fishing techniques, gear used, 

methods used to deter marine mammals, 

target species, seasons and areas fished, 

qualitative data from logbooks or fisher 

reports, stranding data, and the species 

and distribution of marine mammals in 

the area, or at the discretion of the 

Assistant Administrator for Fisheries 

(50 CFR 229.2). Further, eligible 

commercial fisheries not specifically 

identified on the LOF are deemed to be 

Category II fisheries until the next LOF 

is published. 

How Does NMFS Determine which 

Species or Stocks are Included as 

Incidentally Killed or Injured in a 

Fishery? 

The LOF includes a list of marine 

mammal species or stocks incidentally 

killed or injured in each commercial 

fishery. To determine which species or 

stocks are included as incidentally 

killed or injured in a fishery, NMFS 

annually reviews the information 

presented in the current SARs. The 

SARs are based upon the best available 

scientific information and provide the 

most current and inclusive information 

on each stock’s PBR level and level of 

interaction with commercial fishing 

operations. NMFS also reviews other 

sources of new information, including 

observer data, stranding data, and fisher 

self-reports. 

In the absence of reliable information 

on the level of mortality or injury of a 

marine mammal stock, or insufficient 

observer data, NMFS will determine 

whether a species or stock should be 

added to, or deleted from, the list by 

considering other factors such as: 

changes in gear used, increases or 

decreases in fishing effort, increases or 

decreases in the level of observer 

coverage, and/or changes in fishery 

management that are expected to lead to 

decreases in interactions with a given 

marine mammal stock (such as a fishery 

management plan (FMP) or a take 

reduction plan (TRP)). NMFS will 

provide case-specific justification in the 

LOF for changes to the list of species or 

stocks incidentally killed or injured. 

How Does NMFS Determine the Level of 

Observer Coverage in a Fishery? 

Data obtained from observers and the 

level of observer coverage are important 

tools in estimating the level of marine 

mammal mortality and serious injury in 

commercial fishing operations. The best 

available information on the level of 

observer coverage, and the spatial and 

temporal distribution of observed 

marine mammal interactions, is 

presented in the SARs. Starting with the 

2005 SARs, each SAR includes an 

appendix with detailed descriptions of 

each Category I and II fishery in the 

LOF, including observer coverage. The 

SARs generally do not provide detailed 

information on observer coverage in 

Category III fisheries because, under the 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27741 

MMPA, Category III fisheries are not 

required to accommodate observers 

aboard vessels due to the remote 

likelihood of mortality and serious 

injury of marine mammals. Information 

presented in the SARs’ appendices 

includes: level of observer coverage, 

target species, levels of fishing effort, 

spatial and temporal distribution of 

fishing effort, characteristics of fishing 

gear and operations, management and 

regulations, and interactions with 

marine mammals. Copies of the SARs 

are available on the NMFS Office of 

Protected Resource’s website at: http:// 

www.nmfs.noaa.gov/pr/sars/. 

Additional information on observer 

programs in commercial fisheries can be 

found on the NMFS National Observer 

Program’s website: http:// 

www.st.nmfs.gov/st4/nop/. 

How Do I Find Out if a Specific Fishery 

is in Category I, II, or III? 

This proposed rule includes three 

tables that list all U.S. commercial 

fisheries by LOF Category. Table 1 lists 

all of the fisheries in the Pacific Ocean 

(including Alaska); Table 2 lists all of 

the fisheries in the Atlantic Ocean, Gulf 

of Mexico, and Caribbean; Table 3 lists 

all U.S.-authorized fisheries on the high 

seas. A fourth table, Table 4, lists all 

fisheries managed under applicable take 

reduction plans or teams. 

Are High Seas Fisheries Included on 

the LOF? 

Beginning with the 2009 LOF, NMFS 

includes high seas fisheries in Table 3 

of the LOF, along with the number of 

valid High Sea Fishing Compliance Act 

(HSFCA) permits in each fishery. As of 

2004, NMFS issues HSFCA permits only 

for high seas fisheries analyzed in 

accordance with the National 

Environmental Policy Act (NEPA) and 

the Endangered Species Act (ESA). The 

authorized high seas fisheries are broad 

in scope and encompass multiple 

specific fisheries identified by gear type. 

For the purposes of the LOF, the high 

seas fisheries are subdivided based on 

gear type (e.g., trawl, longline, purse 

seine, gillnet, troll, etc.) to provide more 

detail on composition of effort within 

these fisheries. Many fisheries operate 

in both U.S. waters and on the high 

seas, creating some overlap between the 

fisheries listed in Tables 1 and 2 and 

those in Table 3. In these cases, the high 

seas component of the fishery is not 

considered a separate fishery, but an 

extension of a fishery operating within 

U.S. waters (listed in Table 1 or 2). 

NMFS designates those fisheries in 

Tables 1, 2, and 3 by a ‘‘*’’ after the 

fishery’s name. The number of HSFCA 

permits listed in Table 3 for the high 

seas components of these fisheries 

operating in U.S. waters do not 

necessarily represent additional fishers 

that are not accounted for in Tables 1 

and 2. Many fishers holding these 

permits also fish within U.S. waters and 

are included in the number of vessels 

and participants operating within those 

fisheries in Table 1 and 2. 

HSFCA permits are valid for five 

years, during which time FMPs can 

change. Therefore, some fishers may 

possess valid HSFCA permits without 

the ability to fish under the permit 

because it was issued for a gear type that 

is no longer authorized under the most 

current FMP. For this reason, the 

number of HSFCA permits displayed in 

Table 3 is likely higher than the actual 

U.S. fishing effort on the high seas. For 

more information on how NMFS 

classifies high seas fisheries on the LOF, 

see the preamble text in the final 2009 

LOF (73 FR 73032; December 1, 2008). 

Are Treaty Tribal Fisheries Included on 

the LOF? 

In the final rule implementing section 

118 of the MMPA (60 FR 45086, August 

30, 1995) NMFS concluded that treaty 

tribal fisheries are conducted under the 

authority of the Indian treaties; 

therefore, the MMPA’s requirements in 

section 118 do not apply to treaty Indian 

tribes. NMFS stated, ‘‘ the rights to fish 

and hunt are already secured separately 

for Northwest tribes pursuant to their 

treaties with the United States. NMFS 

reviewed the relationship of the 

Northwest Indian treaties to the MMPA 

and did not find clear evidence that 

Congress intended to abrogate treaty 

Indian rights. Section 14 of the 

Amendments to the MMPA (Pub. L. No. 

103–238) states ’Nothing in this Act, 

including any amendments to the 

Marine Mammal Protection Act of 1972 

made by this Act -- alters or is intended 

to alter any treaty between the United 

States and one or more Indian tribes.’ 

This provision clarifies that existing 

treaty Indian fishing rights are not 

affected by the amendments to the 

MMPA. Therefore, tribal fisheries are 

conducted under the authority of the 

Indian treaties rather than the MMPA, 

and the MMPA’s mandatory registration 

systems do not apply to treaty Indian 

fishers operating in their usual and 

accustomed fishing areas. Since 

inclusion of the treaty Indian fisheries 

in the LOF would also establish an 

obligation to obtain an MMPA 

registration under section 118, NMFS 

has deleted reference to tribal fisheries 

in the LOF. The registration 

requirements for Category I or II 

fisheries will not apply to treaty Indian 

tribes.’’ (60 FR 45086, August 30, 1995.) 

During the public comment phase for 

the proposed 2009 LOF, NMFS received 

a comment requesting the LOF be 

amended to include tribal fisheries (73 

FR 73039, December 1, 2008; comment/ 

response 4). The commenter stated that 

because of the subsequent holding of the 

Ninth Circuit in Anderson v. Evans, 371 

F.3d 475 (9th Cir. 2002) finding that the 

MMPA applies to the Makah application 

to the gray whale hunt, NMFS’ 1995 

conclusion exempting tribal fisheries 

from the LOF and the Section 118 

authorization process may no longer be 

valid. NMFS responded in the final 

2009 LOF that the Agency would 

consider the comment during the 

development of future proposed LOFs 

(73 FR 73039, December 1, 2008; 

comment/response 4). 

NMFS is evaluating whether or not 

the 1995 conclusion to exempt tribal 

fisheries from the LOF should be 

changed due to Anderson v. Evans. At 

this time, NMFS is seeking public 

comment on whether or not to include 

treaty tribal fisheries on future LOFs 

during the public comment period for 

the proposed 2010 LOF. 

Am I Required to Register Under the 

MMPA? 

Owners of vessels or gear engaging in 

a Category I or II fishery are required 

under the MMPA (16 U.S.C. 1387(c)(2)), 

as described in 50 CFR 229.4, to register 

with NMFS and obtain a marine 

mammal authorization to lawfully take 

a non-endangered and non-threatened 

marine mammal incidental to 

commercial fishing. Owners of vessels 

or gear engaged in a Category III fishery 

are not required to register with NMFS 

or obtain a marine mammal 

authorization. 

How Do I Register? 

NMFS has integrated the MMPA 

registration process, the Marine 

Mammal Authorization Program 

(MMAP), with existing state and Federal 

fishery license, registration, or permit 

systems for Category I and II fisheries on 

the LOF. Participants in these fisheries 

are automatically registered under the 

MMAP and are not required to submit 

registration or renewal materials 

directly under the MMAP. In the Pacific 

Islands, Southwest, Northwest, and 

Alaska regions, NMFS will issue vessel 

or gear owners an authorization 

certificate; in the Northeast and 

Southeast Regions, NMFS will issue 

vessel or gear owners notification of 

registry and directions on obtaining an 

authorization certificate. The 

authorization certificate, or a copy, must 

be on board the vessel while it is 

operating in a Category I or II fishery, or 


cprice-sewell on PRODPC61 with PROPOSALS
27742 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

for non-vessel fisheries, in the 

possession of the person in charge of the 

fishing operation (50 CFR 229.4(e)). 

Although efforts are made to limit the 

issuance of authorization certificates to 

only those vessel or gear owners that 

participate in Category I or II fisheries, 

not all state and Federal permit systems 

distinguish between fisheries as 

classified by the LOF. Therefore, some 

vessel or gear owners in Category III 

fisheries may receive authorization 

certificates even though they are not 

required for Category III fisheries. 

Individuals fishing in Category I and II 

fisheries for which no state or Federal 

permit is required must register with 

NMFS by contacting their appropriate 

Regional Office (see ADDRESSES). 

How Do I Receive My Authorization 

Certificate and Injury/Mortality 

Reporting Forms? 

All vessel or gear owners that 

participate in Pacific Islands, 

Southwest, Northwest, or Alaska 

regional fisheries will receive their 

authorization certificates and/or injury/ 

mortality reporting forms via U.S. mail, 

or with their State or Federal license at 

the time of renewal. Vessel or gear 

owners participating in the Northeast 

and Southeast Regional Integrated 

Registration Program will receive their 

authorization certificates as follows: 

1. Northeast Region vessel or gear 

owners participating in Category I or II 

fisheries for which a state or Federal 

permit is required may receive their 

authorization certificate and/or injury/ 

mortality reporting form by contacting 

the Northeast Regional Office at 978– 

281–9328 or by visiting the Northeast 

Regional Office Web site (http:// 

www.nero.noaa.gov/protlres/mmap/ 

certificate.html) and following 

instructions for printing the necessary 

documents. 

2. Southeast Region vessel or gear 

owners participating in Category I or II 

fisheries for which a Federal permit is 

required, as well as fisheries permitted 

by the states of North Carolina, South 

Carolina, Georgia, Florida, Alabama, 

Mississippi, Louisiana, and Texas will 

receive notice of registry and may 

receive their authorization certificate 

and/or injury/mortality reporting form 

by contacting the Southeast Regional 

Office at 727–551–5758 or by visiting 

the Southeast Regional Office Web site 

(http://sero.nmfs.noaa.gov/pr/pr.htm) 

and following instructions for printing 

the necessary documents. 

How Do I Renew My Registration 

Under the MMPA? 

Vessel or gear owners that participate 

in Pacific Islands, Southwest, or Alaska 

regional fisheries are automatically 

renewed and should receive an 

authorization certificate by January 1 of 

each new year. Vessel or gear owners in 

Washington and Oregon fisheries 

receive authorization with each 

renewed state fishing license, the timing 

of which varies based on target species. 

Vessel or gear owners who participate in 

these regions and have not received 

authorization certificates by January 1 or 

with renewed fishing licenses must 

contact the appropriate NMFS Regional 

Office (see ADDRESSES). 

Vessel or gear owners participating in 

Southeast or Northeast regional fisheries 

may receive an authorization certificate 

by calling the relevant NMFS Regional 

Office or visiting the relevant NMFS 

Regional Office Web site (see How Do I 

Receive My Authorization Certificate 

and Injury/Mortality Reporting Forms). 

Am I Required to Submit Reports When 

I Injure or Kill a Marine Mammal 

During the Course of Commercial 

Fishing Operations? 

In accordance with the MMPA (16 

U.S.C. 1387(e)) and 50 CFR 229.6, any 

vessel owner or operator, or gear owner 

or operator (in the case of non-vessel 

fisheries), participating in a 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 reporting 

forms and instructions for submitting 

forms to NMFS can be downloaded 

from: http://www.nmfs.noaa.gov/pr/ 

pdfs/interactions/ 

mmaplreportinglform.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. MMPA Section 118 states that 

an observer will not be placed on a 

vessel if the facilities for quartering an 

observer or performing observer 

functions are inadequate or unsafe, 

thereby exempting vessels too small to 

accommodate an observer from this 

requirement. However, observer 

requirements will not be exempted for 

U.S. Atlantic Ocean, Caribbean, Gulf of 

Mexico large pelagics longline vessels 

operating in special areas designated by 

the Pelagic Longline Take Reduction 

Plan implementing regulations (50 CFR 

229.36(d)). Observer requirements can 

be found in 50 CFR 229.7. 

Am I Required to Comply With Any 

Take Reduction Plan Regulations? 

Fishers participating in a Category I or 

II fishery are required to comply with 

any applicable TRP regulations. Table 4 

in this proposed rule provides a list of 

fisheries affected by take reduction 

teams and plans. Take reduction plan 

regulations can be found at 50 CFR 

229.30 through 229.35. 

Sources of Information Reviewed for 

the Proposed 2010 LOF 

NMFS reviewed the marine mammal 

incidental serious injury and mortality 

information presented in the SARs for 

all observed fisheries to determine 

whether changes in fishery 

classification were warranted. The SARs 

are based on the best scientific 

information available at the time of 

preparation, including the level of 

serious injury and mortality of marine 

mammals that occurs incidental to 

commercial fisheries and the PBR levels 

of marine mammal stocks. The 

information contained in the SARs is 

reviewed by regional Scientific Review 

Groups (SRGs) representing Alaska, the 

Pacific (including Hawaii), and the U.S. 

Atlantic, Gulf of Mexico, and Caribbean. 

The SRGs were created by the MMPA to 

review the science that informs the 

SARs, and to advise NMFS on marine 

mammal population status, trends, and 

stock structure, uncertainties in the 

science, research needs, and other 

issues. 

NMFS also reviewed other sources of 

new information, including marine 

mammal stranding data, observer 

program data, fisher self-reports, fishery 

management plans, and ESA 

documents. 

The proposed LOF for 2010 was 

based, among other things, on 

information provided in the NEPA and 

ESA documents analyzing authorized 

high seas fisheries, and the final SARs 

for 1996 (63 FR 60, January 2, 1998), 

2001 (67 FR 10671, March 8, 2002), 

2002 (68 FR 17920, April 14, 2003), 

2003 (69 FR 54262, September 8, 2004), 

2004 (70 FR 35397, June 20, 2005), 2005 

(71 FR 26340, May 4, 2006), 2006 (72 FR 

12774, March 19, 2007), 2007 (73 FR 

21111, April 18, 2008), and 2008 (74 FR 

19530, April 29, 2009). The SARs are 

available at: http://www.nmfs.noaa.gov/ 

pr/sars/. 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27743 

Fishery Descriptions 

Beginning with the final 2008 LOF (72 

FR 66048, November 27, 2007), NMFS 

describes each Category I and II fishery 

on the LOF. Below, NMFS describes the 

fisheries classified as Category I or II 

fisheries on the 2010 LOF that were not 

classified as such on a previous LOF 

(and therefore have not yet been defined 

on the LOF). Additional details for 

Category I and II fisheries operating in 

U.S. waters are included in the SARs, 

FMPs, and TRPs, or through state 

agencies. Additional details for Category 

I and II fisheries operating on the high 

seas are included in various FMPs, 

NEPA, or ESA documents. 

American Samoa Longline Fishery 

The Category II ‘‘American Samoa 

longline’’ fishery operates in waters 

around American Samoa targeting tuna 

(mainly albacore, also skipjack, 

yellowfin and bigeye). Wahoo, sharks, 

billfish, and other miscellaneous pelagic 

species are also caught, with most of the 

sharks and billfish released. In 2000, the 

‘‘American Samoa longline’’ fishery 

began to expand rapidly with the influx 

of large (more than 50 ft (15.2 m) overall 

length) conventional monohull vessels, 

similar to the type used in the Hawaiibased longline fisheries. Vessels over 50 

ft (15.2 m) may set 1,500 - 2,500 hooks 

and have a greater fishing range and 

capacity for storing fish (8 - 40 metric 

tons). The fleet reached a peak of 66 

vessels in 2001, and set a peak of almost 

7,000 sets in 2002. 

The rapid expansion of longline 

fishing effort within the Exclusive 

Economic Zone (EEZ) waters around 

American Samoa prompted the Western 

Pacific Fishery Management Council 

(WPFMC) to develop a limited entry 

system for the fishery, implemented by 

NMFS in 2005. Under the limited access 

program, NMFS issued a total of 60 

initial longline limited entry permits in 

2005 to qualified candidates, spread 

among 4 vessel size classes (72 FR 

10711, March 9, 2007): 22 permits 

issued in Class A (less than or equal to 

40 ft (12.2 m) length); 5 in Class B (40– 

50 ft (12.2–15.2 m)); 12 in Class C (50– 

70 ft (15.2–21.3 m)); and 21 in Class D 

(more than 70 ft (21.3 m)). The limited 

entry program regulations cap the 

maximum number of permits to the 60 

initial permits issued. Permits may be 

transferred, upgraded, and renewed. In 

2008, the American Samoa longline 

fishery had 28 active vessels. Observers 

were first placed on American Samoa 

longline vessels in April 2006 to 

monitor protected species interactions, 

with observer coverage averaging 

approximately 6–8 percent each year. 

Under the limited entry program, 

vessel operators must submit federal 

longline logbooks, vessels over 40 ft 

(12.2 m) must carry observers if 

requested by NMFS, and vessels over 50 

ft (15.2 m) must have an operational 

vessel monitoring system. In addition, 

vessel owners and operators of vessels 

registered to an American Samoa 

longline limited entry permit must 

attend a protected species workshop 

annually, carry and use dip nets, line 

clippers, and bolt cutters, and follow 

handling, resuscitation, and release 

requirements for incidentally hooked or 

entangled sea turtles (70 FR 69282, 

November 15, 2005). There are existing 

regulations intended to mitigate sea 

turtle incidental hookings, and in 2009 

the WPFMC recommended additional 

measures be implemented to minimize 

interactions with green sea turtles, 

including modifications to gear to place 

hooks below 100 m (328 ft) depth and 

to increase observer coverage (WPFMC 

144th Meeting, March 23–26, 2009). 

Current regulations include a 

prohibition on U.S. vessels greater than 

50 ft (15.2 m) in length overall from 

using longline gear within 50 nmi 

around the islands of American Samoa. 

American Samoa longline fishery 

regulations can be found at 50 CFR 

665.36–38. 

HI Shortline Fishery 

The Category II ‘‘HI shortline’’ fishery 

is a small-scale system operating off the 

State of HI, and targeting bigeye tuna 

(Thunnus obesus) or the lustrous 

pomfret (Eumigistes illustris). This 

fishery was developed to target these 

fish species when they concentrate over 

the summit of Cross Seamount (290 km 

(180 mi) south of the State of HI). The 

gear style is designed specifically to 

target the aggregating fish species over 

seamount structures. The primary gear 

type used is a horizontal main line 

(monofilament) less than 1 nmi long, 

and includes two baskets of 

approximately 50 hooks each. The gear 

is set before dawn and has a short soak 

time, with the gear retrieved about two 

hours after it is set. This fishery has no 

seasonal component and may operate 

year-round. There are no specific fishing 

permits issued for this fishery. However, 

all persons with a State of Hawaii 

Commercial Marine License (CML) may 

participate in any fishery, including the 

‘‘HI shortline’’ fishery. Of those persons 

possessing CMLs, shortline 

participation has changed from 5 to 11 

vessels during 2003 - 2008. From 2003– 

2008, there was an average of 135,757 

pounds (lbs) of fish landed each year. In 

2008 alone, 104,152 lbs of fish were 

landed. Currently, there is no reporting 

system in place to document potential 

marine mammal interactions in this 

fishery. However, there are anecdotal 

reports of interactions off the north side 

of Maui, but the species and extent of 

interactions are unknown. 

CA Spiny Lobster Trap Fishery 

The Category II ‘‘CA spiny lobster 

trap’’ fishery operates in southern 

California, with the highest proportion 

of landings made into Santa Barbara. 

The fishery operates from the first 

Wednesday in October to the first 

Wednesday after March 15. The fishery 

tends to be most productive during the 

first two months, when gear is set close 

to shore in shallow water (15 fathoms or 

less). By the end of the season, traps are 

set in waters deeper than 50 fathoms. 

This is a limited access fishery with 

both transferable and non-transferable 

permits. An estimated 225 permits are 

in use each year. There is no restriction 

on the number of traps set, but most 

vessels set 100 to 500 traps per day. 

Traps are generally fished singularly 

and are required to have a buoy marker 

with the owner’s license number, 

followed by the letter ‘‘P’’ to signify that 

it is a spiny lobster trap. This estimated 

number of vessels/participants in this 

fishery is 225. 

Summary of Changes to the LOF for 

2010 

The following summarizes changes to 

the LOF for 2010 in fishery 

classification, fisheries listed in the 

LOF, the estimated number of vessels/ 

participants in a particular fishery, and 

the species/stocks that are incidentally 

killed or seriously injured in a 

particular fishery. The classifications 

and definitions of U.S. commercial 

fisheries for 2010 are identical to those 

provided in the LOF for 2009 with the 

proposed changes discussed below. 

State abbreviations used in the 

following paragraphs include: AK 

(Alaska), CA (California), HI (Hawaii), 

MD (Maryland), NC (North Carolina), NJ 

(New Jersey), SC (South Carolina), and 

VA (Virginia). 

Commercial Fisheries in the Pacific 

Ocean 

Fishery Classification 

NMFS proposed to elevate the 

‘‘American Samoa longline’’ fishery 

from Category III to Category II based on 

analogy with other Category I and II 

longline fisheries in the tropical/subtropical latitudes of the Pacific. The 

fishing gear and methods used to fish in 

the ‘‘American Samoa longline’’ fishery 

are similar to the Category I ‘‘HI deepset (tuna target) longline/set line’’ and 


cprice-sewell on PRODPC61 with PROPOSALS
27744 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

the Category II ‘‘HI shallow-set 

(swordfish target) longline/set line’’ 

fisheries, both fisheries which 

frequently or occasionally seriously 

injure or kill marine mammals. The 

‘‘American Samoa longline’’ fishery, 

although a Category III, has been 

observed since 2006 with an average of 

7.2 percent coverage. There were three 

interactions between the ‘‘American 

Samoa longline’’ fishery and marine 

mammals in 2008, two false killer 

whales (stock unknown), one of which 

was a mortality, and one rough-tooth 

dolphin (stock unknown). These 

interactions will be analyzed by the 

Southwest Fisheries Science Center 

(SWFSC) during the development of the 

2010 SARs to determine whether or not 

the surviving animals were injured or 

seriously injured during these 

interactions. The analysis may also 

enable NMFS to determine whether or 

not the false killer whales interacting 

with this fishery are from the HI stock 

which interacts with the ‘‘HI deep-set 

(tuna target) longline/set line’’ fishery, 

or if the animals belong to a separate 

stock associated with American Samoa. 

Although the abundance estimate and 

the PBR for the false killer whales are 

unknown, the population around 

American Samoa may be a relatively 

small, island-associated population, as 

has been documented around other 

Pacific Islands. When completed, the 

results of these analyses will be reported 

and addressed in future LOFs. 

NMFS proposes to reclassify the ‘‘AK 

southeast salmon purse seine’’ fishery 

from Category II to Category III. The 

current Category II classification is 

based on one permit holder self-report 

of an incidental mortality of a 

humpback whale (Central North Pacific) 

in this fishery in 1996. There are no 

further self-reports, known 

entanglements, or anecdotal information 

of any humpback whales or other 

marine mammals injured or killed in 

this fishery since 1996. Though 

entanglements of humpbacks occur 

annually in Southeast Alaska, gear 

found on such animals in Southeast 

Alaska has never been identified as 

purse seine gear. While the ‘‘AK 

southeast salmon purse seine’’ fishery 

has never been observed, NMFS reasons 

that some additional information on 

incidental takes would have come to 

light over the thirteen years since the 

first report if there were a level of 

serious injury and mortality of concern 

in this fishery, either through 

strandings/entanglement network data 

or permit holder self-reports. 

NMFS stated in a response to public 

comments in the final 2009 LOF that the 

agency would review sperm whale 

(North Pacific) interactions in the 

Category III ‘‘Gulf of Alaska sablefish 

longline’’ fishery. The 2008 SAR reports 

three sperm whales were observed 

seriously injured in this fishery in 2006 

(with 11.2 percent observer coverage), 

which extrapolates to 10 sperm whales 

from 2002–2006 (or an average annual 

serious injury or mortality level of two 

sperm whales/year). Analysis for more 

recent years’ data is not complete, and 

there is no calculated PBR for this stock. 

Therefore, no change to this fishery’s 

category is recommended at this time. 

NMFS will continue to review sperm 

whale interactions with this fishery and 

will revisit the classification of the 

fishery on future LOFs, if warranted, 

once the more recent years’ data are 

analyzed and reported. 

NMFS proposes to classify the ‘‘CA 

spiny lobster trap’’ fishery (proposed to 

be split from the Category III ‘‘CA spiny 

lobster, coonstripe shrimp, rock crab, 

tanner crab pot or trap’’ fishery, 

proposed to be renamed the ‘‘CA 

coonstripe shrimp, rock crab, tanner 

crab pot or trap’’ fishery, in this 

proposed rule) as Category II based on 

serious injuries to humpback whales 

(CA/OR/WA). The NMFS Large Whale 

Disentanglement Network (LWDN) 

reported four humpback whale 

entanglement events off CA resulting in 

serious injury, with various types of 

fishing gear, in 2007. (Details on 

humpback whale entanglements on the 

west coast prior to 2007 can be found 

in the 2009 proposed LOF (73 FR 33760; 

June 13, 2008.)) The gear involved in a 

July 2007 entanglement event that 

caused a serious injury to a humpback 

whale was identified as lobster trap 

gear. The total annual rate of mortality 

and serious injury (Tier 1 analysis) of 

humpback whales (CA/OR/WA) in all 

commercial fisheries from 2002 through 

2006 exceeds 10 percent of the PBR 

level for this stock (final 2008 SAR). 

This single serious injury of a 

humpback whale in lobster trap gear 

results in an average mortality and 

serious injury rate of 0.2 humpback 

whales/year (when averaged over 5 

years), or 8 percent of the PBR (2.5). 

Therefore, Category II classification is 

warranted. NMFS acknowledges that 

entanglements reported to the LWDN 

likely represent a minimum number of 

interactions. There is no observer 

coverage in this fishery. 

NMFS proposes to reclassify the ‘‘CA 

pelagic longline’’ fishery from Category 

II to Category III. This fishery includes 

the shallow-set longline fishery that 

previous to 2004 operated on the high 

seas with most vessels landing in CA. In 

2004, this fishery was prohibited inside 

the EEZ under a regulation promulgated 

under the ESA in order to protect 

loggerhead sea turtles. This fishery also 

includes a deep-set longline fishery that 

developed since 2005. The classification 

of this fishery as Category II was based 

upon analogy with other pelagic 

longline fisheries and an injury of a 

Risso’s dolphins (CA/OR/WA) in 2003. 

In addition, one mortality of an 

unidentified dolphin was observed in 

this fishery in 2003. The total annual 

fishery mortality and serious injury of 

Risso’s dolphins (CA/OR/WA) in all 

commercial fisheries (Tier 1 analysis) is 

less than10 percent of the stock’s PBR 

(final 2008 SAR); therefore, Category III 

classification is warranted. NMFS has 

no information to indicate that the ‘‘CA 

pelagic longline’’ fishery interacts with 

other marine mammal species/stocks 

and observer coverage is high in this 

fishery (ranged from 12 percent to 50 

percent from 2003–2005, and was 100 

percent in 2006 and 2007). 

Addition of Fisheries to the LOF 

NMFS proposes to add the ‘‘CA spiny 

lobster trap’’ fishery Category II fishery 

(see the discussion in the previous 

section for details). 

NMFS proposes to add the ‘‘HI 

shortline’’ fishery as Category II based 

on analogy with the Category I ‘‘HI 

deep-set (tuna-target) longline/set line’’ 

and Category II ‘‘HI shallow-set 

(swordfish-target) longline/set line’’ 

fisheries. NMFS recently became aware 

of the operation of this commercial 

fishery. NMFS proposes to classify the 

‘‘HI shortline’’ fishery as Category II by 

analogy to the HI longline fisheries 

based on similarities between the gear 

used, areas fished, and species targeted 

in the three fisheries. NMFS has 

received anecdotal reports of 

interactions with marine mammals in 

this fishery; however, the species and 

extent of the interactions are unknown. 

For more information, see the 

description of this fishery in the 

‘‘Fishery Descriptions’’ section of this 

proposed rule. 

Fishery Name and Organizational 

Changes and Clarifications 

NMFS proposes to rename the 

Category III ‘‘CA spiny lobster, 

coonstripe shrimp, rock crab, tanner 

crab pot or trap’’ fishery to the ‘‘CA 

coonstripe shrimp, rock crab, tanner 

crab pot or trap’’ fishery to more 

accurately reflect the target species of 

the fishery. As explained above, the 

spiny lobster portion of this fishery is 

proposed to be added to 2010 LOF as a 

separate Category II fishery. The 

estimated number of vessels/ 

participants in the Category III ‘‘CA 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27745 

coonstripe shrimp, rock crab, tanner 

crab pot or trap’’ fishery is 305. 

List of Species That are Incidentally 

Killed or Injured 

NMFS proposes to change the stock 

name for false killer whales incidentally 

killed/injured in the ‘‘HI deep-set (tunatarget) longline/set line’’ fishery from 

‘‘HI’’ to ‘‘HI pelagic.’’ The 2008 SARs 

separates the ‘‘HI’’ stock into the ‘‘HI 

insular’’ and ‘‘HI pelagic’’ stocks, stating 

that all of the false killer whale injuries 

and mortalities due to interactions with 

longline fisheries are considered to be 

from the ‘‘HI pelagic’’ stock (74 FR 

19530, April 29, 2009). 

NMFS proposes to add pantropical 

spotted dolphin (stock unknown) to the 

list of species/stocks incidentally killed/ 

injured in the Category I ‘‘HI deep-set 

(tuna target) longline/set line’’ fishery 

based on a documented mortality in 

2008. While analysis of the 2008 

observer data will not be finalized until 

publication of the 2010 SARs, NMFS 

proposes to add the species at this time 

because a mortality does not need to be 

analyzed to determine the severity (as is 

necessary for an animal released after an 

interaction). The average observer 

coverage over the past five years was 

22.7 percent. 

NMFS proposes to remove spinner 

dolphin (HI) from the list of species/ 

stocks incidentally killed/injured in the 

Category I ‘‘HI deep-set (tuna target) 

longline/set line’’ fishery because there 

have been no observed interactions in 

the past five years. The average observer 

coverage over the past five years was 

22.7 percent. 

NMFS proposes to remove 

pantropical spotted dolphin (stock 

unknown) from the list of species/stocks 

incidentally killed/injured in the 

Category II ‘‘HI shallow-set (swordfish 

target) longline/set line’’ fishery. There 

have been no observed interactions in 

the past five years and observer 

coverage is 100 percent. 

NMFS indicated in the final 2009 LOF 

(73 FR 73032, December 1, 2008; 

comment response 15) that the agency 

would reexamine 2008 observer data 

which reported an interaction between 

the Category II ‘‘HI shallow-set 

(swordfish target) longline/set line’’ 

fishery and a false killer whale. NMFS 

is not proposing to add false killer 

whales to the list of species/stocks 

incidentally killed/injured in the ‘‘HI 

shallow-set (swordfish target) longline/ 

set line’’ fishery at this time. As stated 

in the final 2009 LOF (comment 

response 15), the data presented in the 

annual SARs have an average of a twoyear time delay because of the time 

needed to properly analyze the data and 

complete the peer-review process. 

Therefore, this 2008 interaction will be 

analyzed by the SWFSC during the 

development of the 2010 SARs to 

determine whether or not the animal 

was injured or seriously injured during 

this interaction. If the SWFSC analysis 

reveals the animal was injured during 

the interaction, NMFS will add false 

killer whales to a future LOF at that 

time. 

NMFS proposes to add false killer 

whale (stock unknown) to the list of 

species/stocks incidentally killed/ 

injured in the ‘‘American Samoa 

longline’’ fishery (proposed to be 

elevated from Category III to Category II 

in this proposed rule) based on a 

mortality reported in 2008. As stated 

above during NMFS’ justification for 

proposing to elevate this fishery to 

Category II, there were two reported 

interactions with false killer whales 

(stock unknown) (one interaction 

resulted in the animal’s mortality and 

the other animal was released alive with 

the injury status not yet analyzed), and 

one with a rough-toothed dolphin (stock 

unknown) (also released alive with the 

injury status not yet analyzed). NMFS 

proposes to add false killer whale (stock 

unknown) to the list of species/stocks 

incidentally killed/injured because the 

mortality does not need to be analyzed 

further to determine the level of injury 

to the animal. However, NMFS is not 

proposing to add rough-toothed dolphin 

(stock unknown) to list of species/stocks 

incidentally killed/injured until after 

the SWFSC completes the analysis of 

the interaction and determines whether 

or not the animal was injured during the 

interaction. If the analysis reveals that 

the animal was injured during this 

interaction, NMFS will add roughtoothed dolphin (stock unknown) to a 

future LOF at that time. 

NMFS proposes to remove humpback 

whales (Central North Pacific) from the 

list of species/stocks incidentally killed 

or injured in the ‘‘AK southeast salmon 

purse seine’’ fishery (proposed to be 

reclassified from Category II to Category 

III in this proposed rule). There are no 

self-reports, known entanglements, or 

anecdotal information of any humpback 

whales or other marine mammals 

injured or killed in this fishery since 

1996. This fishery has never been 

observed, but stranding and 

entanglement networks are active in the 

area. 

NMFS proposes to change the stock 

name for Northern fur seals on the list 

of species/stocks incidentally killed or 

injured in the Category II ‘‘AK Bering 

Sea, Aleutian Islands flatfish trawl’’ 

fishery from ‘‘Eastern North Pacific’’ to 

‘‘Eastern Pacific,’’ to correct a 

typographical error. This stock has been 

referred to as the ‘‘Eastern Pacific’’ stock 

since the 1998 SARs. 

NMFS proposes to remove shortfinned pilot whales (CA/OR/WA) from 

the list of species/stocks incidentally 

killed or injured in the Category II ‘‘CA 

squid purse seine’’ fishery. NMFS has 

reviewed the available information on 

the distribution and abundance of short 

finned pilot whales, along with observer 

records, self-reports from the fishers, 

and the SWR stranding data base, and 

has concluded that the likelihood of 

interactions between this fishery and 

short-finned pilot whales (CA/OR/WA) 

is extremely remote. Short-finned pilot 

whales were once commonly seen off 

the coast of CA, but have become quite 

rare in recent years (Barlow and Forney 

2007). Observer coverage in the ‘‘CA 

squid purse seine’’ fishery began in 

2004 with less than 10 percent observer 

coverage. In 2005 and 2006, observer 

coverage was approximately 2.0 percent 

and 1.3 percent, respectively. 

NMFS proposes to add a superscript 

‘‘1’’ after long-beaked common dolphins 

(CA) in the list of species/stocks 

incidentally killed or injured in the 

Category II ‘‘CA squid purse seine’’ 

fishery. This fishery was classified as a 

Category II based on the level of serious 

injury and mortality of short-finned 

pilot whales (CA/OR/WA), which 

NMFS proposes to remove from the list 

of species/stocks incidentally killed or 

injured in this proposed rule (see 

preceding paragraph). The ‘‘CA squid 

purse seine’’ fishery will remain a 

Category II fishery due to a serious 

injury with a suspected long-beaked 

common dolphin. As described in the 

final 2009 LOF (73 FR 73032, December 

1, 2008) an unidentified common 

dolphin was observed entangled and 

seriously injured during an interaction 

with the squid purse seine fishery in 

2006 in an area where long-beaked 

common dolphins (CA) are known to 

occur. Given the area in which the 

interaction occurred, the unidentified 

common dolphin could have been a 

short-beaked common dolphin (CA) or a 

long-beaked common dolphin (CA). Due 

to the paucity of the information on the 

interaction and the low level of observer 

coverage in this fishery, NMFS cannot 

eliminate the possibility that a longbeaked common dolphin was seriously 

injured during this event. The level of 

serious injury of long-beaked common 

dolphin in this fishery, when 

extrapolated from the level of observer 

coverage, results in a mean annual 

mortality and serious injury of 

approximately 29 animals, which is 30 

percent of the stock’s PBR (95) and 

consistent with Category II 


cprice-sewell on PRODPC61 with PROPOSALS
27746 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

classification. Observer coverage in the 

‘‘CA squid purse seine’’ fishery began in 

2004 with less than 10 percent observer 

coverage. In 2005 and 2006, observer 

coverage was approximately 2.0 percent 

and 1.3 percent, respectively. 

NMFS proposes to add humpback 

whale (CA/OR/WA) and gray whale 

(Eastern North Pacific) to the list of 

species/stocks incidentally killed or 

injured in the ‘‘CA spiny lobster’’ 

fishery (proposed to be classified as 

Category II in this proposed rule), with 

a superscript ‘‘1’’ after humpback 

whales, indicating that takes of this 

stock are driving the classification of the 

fishery. As described above, a 

humpback whale was reported seriously 

injured due to an entanglement in spiny 

lobster trap gear in July 2007, resulting 

in an average annual serious injury and 

mortality level of 8 percent of the 

stock’s PBR. Gray whales (Eastern North 

Pacific) have also been reported 

incidentally killed or injured in this 

fishery. NMFS has received multiple 

reports of gray whales entangled in trap/ 

pot gear off CA, including a report from 

April 2000 of a dead gray whale 

stranded on a beach in Santa Barbara 

County entangled in spiny lobster trap 

gear. Interactions with gray whales are 

not driving the Category II classification 

of this fishery. Currently, total 

commercial fishery-related annual 

mortality levels less than10 percent of 

the stock’s PBR (final 2007 SAR); 

therefore, a Tier 2 evaluation is not 

necessary. 

NMFS is requesting public comment 

and/or information on two large whale 

entanglement events in 2007. On May 

10, 2007, a free-swimming humpback 

whale was reported seriously injured 

with pink monofilament gillnet draped 

on its body. The animal was first seen 

offshore of Dana Point and was seen 

again later the same day off Palos 

Verdes Bay Club, of Palos Verdes, CA. 

On April 2, 2007, a free-swimming gray 

whale was reported entangled in and 

seriously injured by small mesh blue/ 

green monofilament gillnet. The animal 

was seen at Rocky Point, near Rancho 

Palos Verdes, CA. No other information 

is available on the sightings. Based upon 

the area and time of year that these 

animals were sighted, gear from either 

or both of the Category II ‘‘CA halibut/ 

white seabass and other species set 

gillnet (3.5 in mesh)’’ or the ‘‘CA 

yellowtail, barracuda, and white seabass 

drift gillnet (mesh size ≥3.5 in and <14 

in)’’ fisheries could have caused the 

entanglement events. As described in 

the proposed 2009 LOF (73 FR 33760, 

December 1, 2005), NMFS must 

consider which fisheries operate in the 

same time and area as an observed 

entangled marine mammal. Both gillnet 

fisheries were active at the time and 

area when the humpback whale and 

gray whale were observed entangled in 

gillnet gear. The ‘‘CA halibut/white 

seabass and other species set gillnet 

(>3.5 in mesh)’’ fishery was observed 

only once between 2003 and 2007, with 

17.8 percent coverage in 2007. The ‘‘CA 

yellowtail, barracuda, and white seabass 

drift gillnet (mesh size ≥3.5 in and <14 

in)’’ fishery was observed twice between 

2003 and 2007, with 10.4 percent and 

11.0 percent coverage in 2003 and 2004, 

respectively. NMFS is continuing to 

review the available information on the 

types of gear used in each fishery, and 

the distribution of each fishery and large 

whales during the time of the 

entanglement events. NMFS is also 

specifically requesting available 

information on the gear characteristics 

of each fishery or the entanglement 

events reported above. NMFS may 

propose to add humpback whales (CA/ 

OR/WA) and gray whales (Eastern North 

Pacific) to the list of species/stocks 

incidentally killed or injured in the 

Category II ‘‘CA halibut/white seabass 

and other species set gillnet (3.5 in 

mesh)’’ and/or ‘‘CA yellowtail, 

barracuda, and white seabass drift 

gillnet (mesh size ≥3.5 in and <14 in)’’ 

fisheries to the final 2010 LOF or a 

future LOF, if warranted. 

NMFS proposes to remove CA sea 

lion (U.S.) from the list of species/stocks 

incidentally killed or injured in the ‘‘CA 

pelagic longline’’ fishery (proposed to 

be reclassified as Category III in this 

proposed rule). CA sea lions (U.S.) were 

included on the list of species/stocks 

incidentally killed or injured in this 

fishery based on logbook reports when 

the fishery was originally included on 

the LOF in 1996. There have been no 

reported interactions since that time. 

Observer coverage in this fishery ranged 

from 12 percent to 50 percent from 

2003–2005, and was 100 percent in 

2006 and 2007. 

Commercial Fisheries in the Atlantic 

Ocean, Gulf of Mexico, and Caribbean 

Fishery Name and Organizational 

Changes and Clarifications 

NMFS proposes to replace the 

existing description of the Category I 

‘‘Mid-Atlantic gillnet fishery from the 

final 2008 LOF (72 FR 66048; November 

27, 2007) and changes to the description 

outlined in the final 2007 LOF (73 FR 

73032; December 1, 2008) with the 

following updated language, to reflect 

multiple amendments, including 

changes in state regulations, over the 

past several years: ‘‘The Category I MidAtlantic 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° 30′ W. long. south 

to 36° 33.03′ N. lat. (VA/NC border) and 

east to the eastern edge of the EEZ and 

north of the NC/SC border, not 

including waters where Category II and 

Category III inshore gillnet fisheries 

operate in bays, estuaries, and rivers. 

This fishery includes any residual large 

pelagic driftnet effort in the midAtlantic, any shark and dogfish gillnet 

effort in the mid-Atlantic, and those 

North Carolina small and large mesh 

beach-anchored gillnets formerly placed 

in the Category II Mid-Atlantic haul/ 

beach seine fishery in the mid-Atlantic 

zone described. This NC component 

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 and interstate FMPs 

managed by the Atlantic States Marine 

Fisheries Commission (ASMFC), the 

Atlantic Large Whale Take Reduction 

Plan (ALWTRP), the Harbor Porpoise 

Take Reduction Plan (HPTRP), and the 

Bottlenose Dolphin Take Reduction 

Plan (BDTRP). Fisheries are primarily 

managed by total allowable catch limits; 

individual trip limits (quotas); effort 

caps (limited number of days at sea per 

vessel); time and area closures; and gear 

restrictions and modifications.’’ 

NMFS proposes to replace the 

existing description of the Category II 

‘‘Mid-Atlantic haul/beach seine’’ fishery 

from the final 2008 LOF (72 FR 66048; 

November 27, 2007) and changes to the 

description outlined in the final 2007 

LOF (73 FR 73032; December 1, 2008) 

with the following updated language, to 

reflect multiple amendments, including 

changes in state regulations, over the 

past several years: ‘‘The Category II MidAtlantic 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 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27747 

beach. The beach seine system also uses 

a bunt and a wash net that are attached 

to the beach and extend into the surf. 

The fishery occurs in waters west of 72° 

30′ W. long. and north of a line 

extending due east from the NC/SC 

border. The only haul/beach seine gear 

operating in NC included in this 

Category II fishery is the ‘‘Atlantic 

Ocean striped bass beach seine fishery’’ 

during the winter, as regulated by NC 

Marine Fisheries Commission rules 

(NCDMF) and NCDMF proclamations. 

NCDMF defines a beach seine operating 

under the Atlantic Ocean Striped Bass 

beach seine fishery as a ‘‘swipe net 

constructed of multifilament, multifiber 

webbing fished from the ocean beach 

that is deployed from a vessel launched 

from the ocean beach where the fishing 

operation takes place, and one end of 

the beach seine is attached to the shore 

at all times during the operation.’’ All 

other NC small and large mesh beachanchored gillnets with webbing 

constructed of all monofilament 

material or a combination of 

monofilament and multifilament 

material were moved to the Category I 

Mid-Atlantic gillnet fishery in the final 

2009 LOF because their construction 

and fishing technique were more similar 

to a gillnet than a traditional beach 

seine. A description of the gear and 

fishing practices for the haul/beach 

seine and small and large mesh beachanchored gillnets operating in NC are 

found in the final 2008 LOF (72 FR 

66048; November 27, 2007) and final 

2009 LOF (73 FR 73032, December 1, 

2008). In addition to the NC component 

as described above, the ‘‘Mid-Atlantic 

haul/beach seine fishery also includes 

haul/beach seining in other areas of the 

mid-Atlantic, including NY through VA. 

Because the net materials and fishing 

practices of the Atlantic Ocean striped 

bass beach seine fishery in NC are 

different from haul seining in other 

areas, NMFS may consider splitting this 

fishery in the future. The Mid-Atlantic 

haul/beach seine fishery is managed 

under several state and Interstate FMPs 

and is an affected fishery under the 

BDTRP.’’ 

Number of Vessels/Persons 

In past LOFs, the number of state 

participants for several northeast and 

mid-Atlantic fisheries was unknown 

and therefore the estimations for the 

number of vessels/persons participating 

in these fisheries were based solely on 

available federal information. This year 

NMFS has included available state 

permit information as well as federal 

permit information for the following 

northeast and mid-Atlantic fishery 

estimates. In some cases the addition of 

the state dataset has caused the fishery 

participation estimates to increase 

significantly compared to past LOFs. It 

should be noted that this may provide 

an artificial representation of fishery 

participation trends and may only 

reflect the addition of the new state 

dataset, not actual increases in the 

number of fishery participants. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category I ‘‘Mid-Atlantic gillnet’’ 

fishery from >370 to 7,596. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category I ‘‘Northeast sink 

gillnet’’ fishery from 341 to >6,455. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘Atlantic mixed 

species trap/pot’’ fishery from unknown 

to >429. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘Mid-Atlantic 

menhaden purse seine’’ fishery from 22 

to 34. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘Mid-Atlantic haul/ 

beach seine’’ fishery from 25 to >221. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘Mid Atlantic midwater trawl’’ fishery from 620 to 400. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘Northeast bottom 

trawl’’ fishery from 1052 to 1,600. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘Northeast mid-water 

trawl’’ fishery from 17 to 1,000. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category II ‘‘VA pound net’’ 

fishery from 187 to 62. 

NMFS proposes to update the 

estimated number of vessels or persons 

in the Category III ‘‘Gulf of Maine 

Atlantic herring purse seine’’ fishery 

from 30 to <10. 

List of Species That are Incidentally 

Killed or Injured 

NMFS proposes to add the harbor 

porpoise (Gulf of Maine/Bay of Fundy 

(GME/BF)) to the list of marine mammal 

species/stocks incidentally killed or 

injured in the Category II ‘‘Northeast 

bottom trawl fishery’’ because of 

mortalities reported in the final 2008 

SARs. NMFS removed this stock from 

the list of species/stocks incidentally 

killed or injured in this fishery on the 

final 2009 LOF (73 FR 73032; December 

1, 2008) based on information from past 

LOFs indicating this listing represented 

a typographical error persisting since 

the final 2005 LOF (71 FR 247; January 

4, 2006). New information reported in 

the final 2008 SAR indicates there have 

been several incidental mortalities of 

harbor porpoises (GME/BF) in the 

Northeast bottom trawl between 2003 

and 2008. These observed takes have 

included one fresh dead harbor porpoise 

taken in 2003, four in 2005, and one in 

2006. Estimates have not been generated 

or reported in the SARs for the 

percentage of the stock’s PBR (PBR=610) 

seriously injured or killed in this fishery 

(final 2008 SARs). Based on this newly 

available data, NMFS proposes to relist 

the harbor porpoise (GME/BF) under 

species/stocks incidentally injured or 

killed in the ‘‘Northeast bottom trawl’’ 

fishery. Estimated observer coverage 

(measured in trips) for the ‘‘Northeast 

bottom trawl’’ fishery during the period 

1994–2006 was 0.4, 1.1, 0.2, 0.2, 0.1, 

0.3, 1, 1, 3, 4, 5, 12 and 6 percent, 

respectively (final 2008 SARs). 

NMFS proposes to remove fin whales 

(Western North Atlantic (WNA)) from 

the list of species/stocks incidentally 

killed or injured in the Category I 

‘‘Northeast/Mid-Atlantic American 

lobster trap/pot’’ fishery. Fin whales 

were added to the LOF in 1997 based on 

an animal that was thought to have been 

entangled in lobster gear. However, 

subsequent analysis revealed the 

interaction was with hagfish pot gear, 

but the LOF was never updated to 

reflect this analysis. A fin whale has 

never been reported incidentally killed 

or injured in Northeast/Mid-Atlantic 

American lobster trap/pot gear. 

Additionally, this fishery does not have 

observer coverage, although it should be 

noted that initial encounters between 

large whales and fishing gear are rarely 

observed. 

NMFS proposes to remove the 

superscript ‘‘1’’ after humpback whale 

(Gulf of Maine) and minke whale 

(Canadian east coast) in the Category I 

‘‘Northeast/Mid-Atlantic American 

lobster trap/pot’’ fishery because serious 

injury and mortality of these stocks are 

not driving the Category I classification 

of this fishery. Annual mortality and 

serious injury of humpback whales in 

all lobster fisheries is 0.2 animals (PBR 

1.1), or 18 percent of the stock’s PBR 

(final 2008 SAR). Annual mortality and 

serious injury of minke whales in all 

lobster fisheries is 0.4 animals 

(PBR=19), or 2 percent of the stock’s 

PBR (final 2008 SAR). The level of 

annual mortality and serious injury of 

humpback and minke whales in the 

‘‘Northeast/Mid-Atlantic American 

lobster trap/pot’’ fishery is unknown at 

this time, but is likely less than 50 

percent of the stocks’ PBRs. It is 

important to note that the date sighted 


cprice-sewell on PRODPC61 with PROPOSALS
27748 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

and location provided in the SAR is not 

necessarily when or where the large 

whale serious injury or mortality 

occurred. The NMFS Northeast Regional 

Office (NERO) is currently working on 

a review of large whale entanglement 

events where gear type was identified 

and the location where the gear was set 

was known, to support the ALWTRP 

and to update the LOF tables. Once this 

review is complete, NMFS may propose 

changes to a future LOF, if warranted. 

There is no observer coverage in this 

fishery. 

NMFS proposes to leave the 

superscript ‘‘1’’ after North Atlantic 

right whale (WNA) in the Category I 

‘‘Northeast/Mid-Atlantic American 

lobster trap/pot’’ fishery because annual 

mortality and serious injury of right 

whales in all lobster fisheries is 0.2 

animals (PBR=0) which is greater than 

fifty percent of the stock’s PBR (final 

2008 SAR). The level of annual 

mortality and serious injury of right 

whales in the ‘‘Northeast/Mid-Atlantic 

American lobster trap/pot’’ fishery is 

unknown at this time, but is likely more 

than 50 percent of the stock’s PBR. It is 

important to note that the date sighted 

and location provided in the SAR is not 

necessarily when or where the large 

whale serious injury or mortality 

occurred. The NMFS NERO is currently 

working on a review of large whale 

entanglement events where gear type 

was identified and the location where 

the gear was set was known, to support 

the ALWTRP and to update the LOF 

tables. Once this review is complete, 

NMFS may propose changes to a future 

LOF, if warranted. There is no observer 

coverage in this fishery. 

NMFS proposes to remove the 

superscript ‘‘1’’ after minke whales 

(Canadian east coast), humpback whales 

(Gulf of Maine), and North Atlantic right 

whales (WNA) from the list of species/ 

stocks incidentally killed/injured in the 

Category I ‘‘Northeast sink gillnet’’ 

fishery because serious injury and 

mortality of these species/stocks are not 

driving the Category I classification of 

this fishery. No serious injury or 

mortality of minke whales in gillnet 

fisheries were reported from 2001–2006 

(final 2008 SARs). The annual mortality 

and serious injury for humpback whales 

(Gulf of Maine) in all gillnet fisheries is 

0.2 animals (PBR of 1.1), or 18 percent 

of the stock’s PBR (final 2008 SAR). The 

level of annual mortality and serious 

injury of humpback whales in the 

‘‘Northeast sink gillnet’’ fishery is 

unknown at this time, but is likely less 

than 50 percent of the stock’s PBR. It is 

important to note that the date sighted 

and location provided in the SAR is not 

necessarily when or where the large 

whale serious injury or mortality 

occurred. The final 2008 SARs report 

one mortality of a right whale in the 

most recent five years (2001–2006). This 

mortality of a right whale calf was the 

result of entanglement and injury to the 

whale by gillnet gear in the Southeast 

U.S. Restricted Area (as described under 

the ALWTRP, 50 CFR 229.32), where 

two gillnet fisheries traditionally 

operate: the Category II ‘‘Southeast 

Atlantic gillnet’’ fishery and the 

Category II ‘‘Southeastern U.S. Atlantic 

shark gillnet’’ fishery. However, NMFS 

was unable to determined which 

specific gillnet fishery was responsible 

for the interaction (for more information 

see comment/response 23 in the final 

2006 LOF; 71 FR 48802, August 22, 

2006). NMFS proposed to retain 

humpback whales, North Atlantic right 

whales, and minke whales on the list of 

species/stocks incidentally killed or 

injured given that they have been 

known to interact with or become 

entangled in gillnet gear, though not 

resulting in serious injury or mortality. 

The NMFS NERO is currently working 

on a review of large whale entanglement 

events where gear type was identified 

and the location where the gear was set 

was known, to support the ALWTRP 

and to update the LOF tables. Once this 

review is complete, NMFS may propose 

changes for this fishery in a future LOF, 

if warranted. Observer coverage in the 

‘‘Northeast sink gillnet’’ fishery from 

2001 to 2006 was between 2 percent and 

7 percent (final 2008 SAR). 

NMFS proposes to remove the 

superscript ‘‘1’’ after harbor porpoise 

(GME/BF) and humpback whale (Gulf of 

Maine) in the Category I ‘‘Mid-Atlantic 

gillnet’’ fishery because serious injury 

and mortality of these stocks are not 

driving the Category I classification of 

this fishery. Annual mortality and 

serious injury of harbor porpoises in 

this fishery is 299 animals (PBR=610), 

or 49 percent of the stock’s PBR (final 

2008 SAR). The annual mortality and 

serious injury of humpback whales in 

all gillnet fisheries is 0.2 animals (PBR 

of 1.1), or 18 percent of the stock’s PBR 

(final 2008 SAR). The level of annual 

mortality and serious injury of 

humpback whales in the ‘‘Mid-Atlantic 

gillnet’’ fishery is unknown at this time, 

but is likely less than 50 percent of the 

stock’s PBR. It is important to note that 

the date sighted and location provided 

in the SAR is not necessarily when or 

where the large whale serious injury or 

mortality occurred. The NMFS NERO is 

currently working on a review of large 

whale entanglement events where gear 

type was identified and the location 

where the gear was set was known, to 

support the ALWTRP and to update the 

LOF tables. Once this review is 

complete, NMFS may propose changes 

to a future LOF, if warranted. Observer 

coverage in this fishery between 2001 

and 2006 was between 1 percent and 3 

percent (final 2008 SAR). 

NMFS proposes to remove pygmy 

sperm whales (WNA) from the list of 

species/stocks incidentally killed or 

injured in the Category I ‘‘Atlantic 

Ocean, Caribbean, Gulf of Mexico large 

pelagics longline’’ fishery because there 

have been no injuries or mortalities 

reported in the last five years (final 2008 

SARs). Observer coverage in this fishery 

from 2000–2006 was between 4 percent 

and 7 percent, with coverage often 

greater than 10 percent in some areas 

and seasons (final 2008 SARs). 

Commercial Fisheries on the High Seas 

Removal of Fisheries 

As stated in the preamble under 

‘‘How Does NMFS Authorize U.S. 

Vessels to Participate in High Seas 

Fisheries?,’’ HSFCA permits exist that 

were obtained prior to 2004 for fisheries 

that are no longer authorized by the 

HSFCA, but for which the 5–year permit 

is still valid. These are included on the 

LOF as ‘‘unspecified’’ and these 

fisheries will be removed from the LOF 

once those permits have expired. For 

the 2010 LOF, all unspecified fisheries 

for all gear types are removed, except for 

trawl gear. Four trawl gear permits 

remain for an unspecified fishery. 

Number of HSFCA Permits 

As stated in the preamble under 

‘‘How Does NMFS Authorize U.S. 

Vessels to Participate in High Seas 

Fisheries?,’’ some fishers possess valid 

HSFCA permits for gear types that are 

no longer authorized for use (therefore, 

the fishers are unable to fish under the 

permit). For this reason, the number of 

HSFCA permits updated below and 

displayed in Table 3 of this proposed 

rule may not accurately represent actual 

fishing effort by U.S. vessels on the high 

seas. 

NMFS proposes to update the 

estimated number of HSFCA permits in 

the High Seas Atlantic highly migratory 

species fishery for the following gear 

types: longline, from 75 to 72; trawl, 

from 3 to 2; handline/pole-and-line from 

2 to 1; and troll, from 5 to 7. 

NMFS proposes to update the 

estimated number of HSFCA permits in 

the High Seas Pacific highly migratory 

species fishery for the following gear 

types: drift gillnet, from 5 to 4; trawl, 

from 14 to 3; purse seine, from 5 to 8; 

pot, from 8 to 7; longline, from 56 to 62; 

handline/pole and line, from 18 to 22; 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27749 

liners not elseware identified (NEI), 

from 3 to 1; multipurpose vessels, from 

9 to 7; and troll, from 222 to 249. 

NMFS proposes to update the 

estimated number of HSFCA permits in 

the High Seas South Pacific Albacore 

Troll fishery for the following gear 

types: trawl, from 5 to 2; longline, from 

12 to 11; handline/pole and line, from 

7 to 8; troll, from 45 to 53; multipurpose 

vessels, from 6 to 4. 

NMFS proposes to update the 

estimated number of HSFCA permits in 

the High Seas South Pacific Tuna 

fishery for the following gear types: 

purse seine from 23 to 36; longline, from 

2 to 3; troll, from 1 to 3. 

NMFS proposes to update the 

estimated number of HSFCA permits in 

the High Seas Western Pacific Pelagic 

fishery for the following gear types: 

trawl, from 11 to 4; purse seine, from 4 

to 3; pot, from 8 to 7; handline/pole and 

line, from 8 to 9; liners NEI, from 2 to 

1; multipurpose vessels, from 7 to 5. 

List of Species That are Incidentally 

Killed or Injured 

NMFS proposes to change the stock 

name for false killer whales incidentally 

killed/injured in the ‘‘High Seas 

Western Pacific Pelagic (Deep-set 

component)’’ fishery from ‘‘HI’’ to ‘‘HI 

pelagic.’’ This fishery is an extension of 

the ‘‘HI deep-set (tuna target) longline/ 

set line’’ fishery operating in U.S. 

waters. Since this fishery remains the 

same and many marine mammals 

species are found on either side of the 

EEZ boundary, the list of species/stocks 

incidentally killed or injured in the high 

seas component of the fishery is 

identical to the list of species/stocks 

killed or injured in the component 

operating in U.S. waters. The 2008 SARs 

separates the ‘‘HI’’ stock into the ‘‘HI 

insular’’ and ‘‘HI pelagic’’ stocks, stating 

that all of the false killer whale injuries 

and mortalities due to interactions with 

longline fisheries are considered to be 

from the ‘‘HI pelagic’’ stock (74 FR 

19530, April 29, 2009). 

NMFS proposes to add pantropical 

spotted dolphin (stock unknown) to the 

list of species/stocks incidentally killed/ 

injured in the Category II ‘‘High Seas 

Western Pacific Pelagic (Deep-set 

component)’’ fishery. This fishery is an 

extension of the ‘‘HI deep-set (tuna 

target) longline/set line’’ fishery 

operating in U.S. waters. Since this 

fishery remains the same and many 

marine mammals species are found on 

either side of the EEZ boundary, the list 

of species/stocks incidentally killed or 

injured in the high seas component of 

the fishery is identical to the list of 

species/stocks killed or injured in the 

component operating in U.S. waters. 

There was one observed mortality of a 

pantropical spotted dolphin (stock 

unknown) in the ‘‘HI deep-set (tuna 

target) longline/set line’’ fishery in 2008 

(as described above). The average 

observer coverage in the ‘‘HI deep-set 

(tuna target) longline/set line’’ fishery 

over the past five years was 22.7 

percent. 

NMFS proposes to remove spinner 

dolphin (HI) from the list of species/ 

stocks incidentally killed/injured in the 

Category II ‘‘High Seas Western Pacific 

Pelagic (Deep-set component)’’ fishery. 

This fishery is an extension of the ‘‘HI 

deep-set (tuna target) longline/set line’’ 

fishery component operating in U.S. 

waters. Since this fishery remains the 

same and many marine mammals 

species found on either side of the EEZ 

boundary, the list of species/stocks 

incidentally killed or injured in the high 

seas component of the fishery is 

identical to the list of species/stocks 

killed or injured in the U.S. waters 

component. There have been no 

observed interactions with spinner 

dolphins (HI) in the ‘‘HI deep-set (tuna 

target) longline/set line’’ fishery over the 

past five years (as described above). The 

average observer coverage in the ‘‘HI 

deep-set (tuna target) longline/set line’’ 

fishery over the past five years was 22.7 

percent. 

NMFS proposes to remove 

pantropical spotted dolphin (stock 

unknown) from the list of species/stocks 

incidentally killed/injured in the 

Category II ‘‘High Seas Western Pacific 

Pelagic (Shallow-set component)’’ 

fishery. This fishery is an extension of 

the ‘‘HI shallow-set (swordfish target) 

longline/set line’’ fishery operating in 

U.S. waters. Since this fishery remains 

the same and many marine mammals 

species found on either side of the EEZ 

boundary, the list of species/stocks 

incidentally killed or injured in the high 

seas component of the fishery is 

identical to the list of species/stocks 

killed or injured in the component 

operating in U.S. waters. There have 

been no observed interactions with 

pantropical spotted dolphins (stock 

unknown) in the ‘‘HI shallow-set 

(swordfish target) longline/set line’’ 

fishery over the past five years (as 

described above), with observer 

coverage at 100 percent. 

List of Fisheries 

The following tables set forth the 

proposed list of U.S. commercial 

fisheries according to their classification 

under section 118 of the MMPA. In 

Tables 1 and 2, the estimated number of 

vessels/participants in fisheries 

operating within U.S. waters 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. For high seas fisheries, Table 3 

lists the number of currently valid 

HSFCA permits held by fishers. 

Although this likely overestimates the 

number of active participants in many 

of these fisheries, the number of valid 

HSFCA permits is the most reliable data 

at this time. 

Tables 1, 2, and 3 also list the marine 

mammal species and stocks incidentally 

killed or injured in each fishery based 

on observer data, logbook data, 

stranding reports, disentanglement 

network data, and fisher reports. This 

list includes all species or stocks known 

to be injured or killed in a given fishery, 

but also includes species or stocks for 

which there are anecdotal records of an 

injury or mortality. Additionally, 

species identified by logbook entries 

may not be verified. 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. 

In Tables 1 and 2, there are several 

fisheries classified in Category II that 

have no recent documented injuries or 

mortalities of marine mammals, or that 

did not result in a serious injury or 

mortality rate greater than 1 percent of 

a stock’s PBR level. NMFS has classified 

these fisheries by analogy to other gear 

types that are known to cause mortality 

or serious injury of marine mammals, as 

discussed in the final LOF for 1996 (60 

FR 67063, December 28, 1995), and 

according to factors listed in the 

definition of a ‘‘Category II fishery’’ in 

50 CFR 229.2. NMFS has designated 

those fisheries listed by analogy in 

Tables 1 and 2 by a ‘‘2’’ after the 

fishery’s name. 

There are several fisheries in Tables 1, 

2, and 3 in which a portion of the 

fishing vessels cross the EEZ boundary, 

and therefore operate within U.S. waters 

and on the high seas. NMFS has 

designated those fisheries in each Table 

by a ‘‘*’’ 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 3 lists commercial 

fisheries on the High Seas; Table 4 lists 


cprice-sewell on PRODPC61 with PROPOSALS
27750 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

fisheries affected by Take Reduction 

Plans or Teams. 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

CATEGORY I 

GILLNET FISHERIES: 

CA/OR thresher shark/swordfish drift gillnet (≥14 in mesh) * 85 California sea lion, U.S. 

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/WA1

LONGLINE/SET LINE FISHERIES: 

HI deep-set (tuna target) longline/set line * 129 Blainville’s beaked whale, HI 

Bottlenose dolphin, HI 

False killer whale, HI pelagic1

Humpback whale, Central North Pacific 

Pantropical spotted dolphin, stock unknown 

Risso’s dolphin, HI 

Short-finned pilot whale, HI 

Striped dolphin, HI 

CATEGORY II 

GILLNET FISHERIES: 

CA halibut/white seabass and other species set gillnet (>3.5 in mesh) 58 

California sea lion, U.S.1

Harbor seal, CA1

Long-beaked common dolphin, CA 

Northern elephant seal, CA breeding 

Sea otter, CA 

Short-beaked common dolphin, CA/OR/WA 

CA yellowtail, barracuda, and white seabass drift gillnet fishery (mesh size 

≥3.5 in and <14 in) 

24 California sea lion, U.S. 

Long-beaked common dolphin, CA1

Short-beaked common dolphin, CA/OR/WA 

AK Bristol Bay salmon drift gillnet2 1,862 Beluga whale, Bristol 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. 

AK Bristol Bay salmon set gillnet2 983 Beluga whale, Bristol Bay 

Gray whale, Eastern North Pacific 

Harbor seal, Bering Sea 

Northern fur seal, Eastern Pacific 

Spotted seal, AK 

AK Cook Inlet salmon set gillnet 738 Beluga whale, Cook Inlet 

Dall’s porpoise, AK 

Harbor porpoise, GOA 

Harbor seal, GOA 

Humpback whale, Central North Pacific1

Steller sea lion, Western U.S. 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27751 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

AK Cook Inlet salmon drift gillnet 571 Beluga whale, Cook Inlet 

Dall’s porpoise, AK 

Harbor porpoise, GOA1

Harbor seal, GOA 

Steller sea lion, Western U.S. 

AK Kodiak salmon set gillnet 188 Harbor porpoise, GOA1

Harbor seal, GOA 

Sea otter, Southwest AK 

Steller sea lion, Western U.S. 

AK Peninsula/Aleutian Islands salmon drift gillnet2 162 Dall’s porpoise, AK 

Harbor porpoise, GOA 

Harbor seal, GOA 

Northern fur seal, Eastern Pacific 

AK Peninsula/Aleutian Islands salmon set gillnet2 115 Harbor porpoise, Bering Sea 

Steller sea lion, Western U.S. 

AK Prince William Sound salmon drift gillnet 537 Dall’s porpoise, AK 

Harbor porpoise, GOA1

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 gillnet 476 Dall’s porpoise, AK 

Harbor porpoise, Southeast AK 

Harbor seal, Southeast AK 

Humpback whale, Central North Pacific1

Pacific white-sided dolphin, North Pacific 

Steller sea lion, Eastern U.S. 

AK Yakutat salmon set gillnet2 166 Gray whale, Eastern North Pacific 

Harbor seal, Southeast AK 

Humpback whale, Central North Pacific (Southeast 

AK) 

WA Puget Sound Region salmon drift gillnet (includes all inland waters 

south of US-Canada border and eastward of the Bonilla-Tatoosh lineTreaty Indian fishing is excluded) 

210 Dall’s porpoise, CA/OR/WA 

Harbor porpoise, inland WA1

Harbor seal, WA inland 

PURSE SEINE FISHERIES: 

AK Cook Inlet salmon purse seine 82 Humpback whale, Central North Pacific1

AK Kodiak salmon purse seine 370 Humpback whale, Central North Pacific1

CA anchovy, mackerel, sardine purse seine 63 Bottlenose dolphin, CA/OR/WA offshore1

California sea lion, U.S. 

Harbor seal, CA 

CA squid purse seine 64 Long-beaked common dolphin, CA1

Short-beaked common dolphin, CA/OR/WA 

CA tuna purse seine 2* 10 None documented 

TRAWL FISHERIES: 

AK Bering Sea, Aleutian Islands flatfish trawl 34 Bearded seal, AK 

Harbor porpoise, Bering Sea 

Harbor seal, Bering Sea 

Killer whale, AK resident1

Northern fur seal, Eastern Pacific 

Spotted seal, AK 

Steller sea lion, Western U.S.1

Walrus, AK 


cprice-sewell on PRODPC61 with PROPOSALS
27752 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

AK Bering Sea, Aleutian Islands pollock trawl 95 Dall’s porpoise, AK 

Harbor seal, AK 

Humpback whale, Central North Pacific1

Humpback whale, Western North Pacific1

Killer whale, Eastern North Pacific, GOA, Aleutian Islands, and Bering Sea transient1

Minke whale, AK 

Ribbon seal, AK 

Spotted seal, AK 

Steller sea lion, Western U.S.1

LONGLINE/SET LINE FISHERIES: 

HI shallow-set (swordfish target) longline/ set line * 28 Bottlenose dolphin, stock unknown 

Bryde’s whale, stock unknown 

Humpback whale, Central North Pacific1

Risso’s dolphin, stock unknown 

Sperm whale, stock unknown 

American Samoa longline2 60 False killer whale, stock unknown 

HI shortline2 11 None documented 

AK Bering Sea, Aleutian Islands Pacific cod longline 54 Killer whale, AK resident1

Ribbon seal, AK 

Steller sea lion, Western U.S. 

POT, RING NET, AND TRAP FISHERIES: 

AK Bering Sea sablefish pot 6 Humpback whale, Central North Pacific1

Humpback whale, Western North Pacific1

CA spot prawn pot 29 Gray whale, Eastern North Pacific 

Humpback whale, CA/OR/WA1

CA Dungeness crab pot2 625 Gray whale, Eastern North Pacific 

Humpback whale, CA/OR/WA 

OR Dungeness crab pot 433 Gray whale, Eastern North Pacific 

Humpback whale, CA/OR/WA1

WA/OR/CA sablefish pot 155 Humpback whale, CA/OR/WA1

CA spiny lobster 225 Gray whale, Eastern North Pacific 

Humpback whale, CA/OR/WA1

CATEGORY III 

GILLNET FISHERIES: 

AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet 824 Harbor porpoise, Bering Sea 

AK miscellaneous finfish set gillnet 3 Steller sea lion, Western U.S. 

AK Prince William Sound salmon set gillnet 30 Harbor seal, GOA 

Steller sea lion, Western U.S. 

AK roe herring and food/bait herring gillnet 986 None documented 

CA set gillnet (mesh size <3.5 in) 304 None documented 

HI inshore gillnet 5 Bottlenose dolphin, HI 

Spinner dolphin, HI 

WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing) 24 Harbor seal, OR/WA coast 

WA/OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch, rockfish 

gillnet 

913 None documented 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27753 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

WA/OR lower Columbia River (includes tributaries) drift gillnet 110 California sea lion, U.S. 

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 Southeast salmon purse seine 415 None documented in recent years 

AK Metlakatla salmon purse seine 10 None documented 

AK miscellaneous finfish beach seine 1 None documented 

AK miscellaneous finfish purse seine 0 None documented 

AK octopus/squid purse seine 0 None documented 

AK roe herring and food/bait herring beach seine 4 None documented 

AK roe herring and food/bait herring purse seine 361 None documented 

AK salmon beach seine 31 None documented 

AK salmon purse seine (excluding salmon purse seine fisheries listed as 

Category II) 

936 Harbor seal, GOA 

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 or drag seine 235 None documented 

WA/OR herring, smelt, squid purse seine or lampara 130 None documented 

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 aquaculture unknown None documented 

CA salmon enhancement rearing pen >1 None documented 

CA white seabass enhancement net pens 13 California sea lion, 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 bottom fish, WA/OR/CA albacore, groundfish, 

bottom fish, CA halibut non-salmonid troll fisheries *

1,302 

(102 AK) 

None documented 


cprice-sewell on PRODPC61 with PROPOSALS
27754 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

AK salmon troll 2,045 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 Mariana Islands tuna troll 88 None documented 

Guam tuna troll 401 None documented 

HI trolling, rod and reel 1,321 None documented 

LONGLINE/SET LINE FISHERIES: 

AK Bering Sea, Aleutian Islands Greenland turbot longline 29 Killer whale, AK resident 

AK Bering Sea, Aleutian Islands rockfish longline 0 None documented 

AK Bering Sea, Aleutian Islands sablefish longline 28 None documented 

AK Gulf of Alaska halibut longline 1,302 None documented 

AK Gulf of Alaska Pacific cod longline 440 None documented 

AK Gulf of Alaska rockfish longline 0 None documented 

AK Gulf of Alaska sablefish longline 291 Sperm whale, North Pacific 

Steller sea lion, Eastern U.S. 

AK halibut longline/set line (State and Federal waters) 2,521 Steller sea lion, Western U.S. 

AK octopus/squid longline 2 None documented 

AK State-managed waters longline/setline (including sablefish, rockfish, 

lingcod, and miscellaneous finfish) 

1,448 None documented 

WA/OR/CA groundfish, bottomfish longline/set line 367 None documented 

WA/OR North Pacific halibut longline/set line 350 None documented 

CA pelagic longline 6 Risso’s dolphin, CA/OR/WA 

TRAWL FISHERIES: 

AK Bering Sea, Aleutian Islands Atka mackerel trawl 9 Steller sea lion, Western U.S. 

AK Bering Sea, Aleutian Islands Pacific cod trawl 93 Harbor seal, Bering Sea 

Steller sea lion, Western U.S. 

AK Bering Sea, Aleutian Islands rockfish trawl 10 None documented 

AK Gulf of Alaska flatfish trawl 41 None documented 

AK Gulf of Alaska Pacific cod trawl 62 Steller sea lion, Western U.S. 

AK Gulf of Alaska pollock trawl 62 Fin whale, Northeast Pacific 

Northern elephant seal, North Pacific 

Steller sea lion, Western U.S. 

AK Gulf of Alaska rockfish trawl 34 None documented 

AK food/bait herring trawl 4 None documented 

AK miscellaneous finfish otter or beam trawl 317 None documented 

AK shrimp otter trawl and beam trawl (statewide and Cook Inlet) 32 None documented 

AK State-managed waters of Cook Inlet, Kachemak Bay, Prince William 

Sound, Southeast AK groundfish trawl 

2 None documented 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27755 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

CA halibut bottom trawl 53 None documented 

WA/OR/CA groundfish trawl 160–180 California sea lion, U.S. 

Dall’s porpoise, CA/OR/WA 

Harbor seal, OR/WA coast 

Northern fur seal, Eastern Pacific 

Pacific white-sided dolphin, CA/OR/WA 

Steller sea lion, Eastern U.S. 

WA/OR/CA shrimp trawl 300 None documented 

POT, RING NET, AND TRAP FISHERIES: 

AK statewide miscellaneous finfish pot 293 None documented 

AK Aleutian Islands sablefish pot 8 None documented 

AK Bering Sea, Aleutian Islands Pacific cod pot 68 None documented 

AK Bering Sea, Aleutian Islands crab pot 297 None documented 

AK Gulf of Alaska crab pot 300 None documented 

AK Gulf of Alaska Pacific cod pot 154 Harbor seal, GOA 

AK Southeast Alaska crab pot 433 Humpback whale, Central North Pacific (Southeast 

AK) 

AK Southeast Alaska shrimp pot 283 Humpback whale, Central North Pacific (Southeast 

AK) 

AK shrimp pot, except Southeast 15 None documented 

AK octopus/squid pot 27 None documented 

AK snail pot 1 None documented 

CA coonstripe shrimp, rock crab, tanner crab pot or trap 305 Gray whale, Eastern North Pacific 

Harbor seal, CA 

OR/CA hagfish pot or trap 54 None documented 

WA Dungeness crab pot 288 Gray whale, Eastern North Pacific 

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 handline/hand troll and mechanical jig 445 None documented 

AK North Pacific halibut handline/hand troll and mechanical jig 228 None documented 

AK octopus/squid handline 0 None documented 

American Samoa bottomfish <50 None documented 

Commonwealth of the Northern Mariana Islands bottomfish <50 None documented 

Guam bottomfish 200 None documented 

HI aku boat, pole, and line 4 None documented 


cprice-sewell on PRODPC61 with PROPOSALS
27756 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

HI Main Hawaiian Islands, Northwestern Hawaiian Islands deep sea 

bottomfish 

300 Hawaiian monk seal 

HI inshore handline 307 None documented 

HI tuna handline 298 None documented 

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 net 415 None documented 

AK Southeast herring roe/food/bait pound net 6 None documented 

WA herring brush weir 1 None documented 

BAIT PENS: 

WA/OR/CA bait pens 13 California sea lion, U.S. 

DREDGE FISHERIES: 

Coastwide scallop dredge 108 

(12 AK) 

None documented 

DIVE, HAND/MECHANICAL COLLECTION FISHERIES: 

AK abalone 0 None documented 

AK clam 156 None documented 

WA herring spawn on kelp 4 None documented 

AK dungeness crab 2 None documented 

AK herring spawn on kelp 266 None documented 

AK urchin and other fish/shellfish 570 None documented 

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, octopus, oyster, sea cucumber, scallop, 

ghost shrimp hand, dive, or mechanical collection 

637 None documented 

WA shellfish aquaculture 684 None documented 

COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27757 

TABLE 1 — LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

AK/WA/OR/CA commercial passenger fishing vessel >7,000 

(2,702 

AK) 

Killer whale, stock unknown 

Steller sea lion, Eastern U.S. 

Steller sea lion, Western U.S. 

HI charter vessel 114 None documented 

LIVE FINFISH/SHELLFISH FISHERIES: 

CA nearshore finfish live trap/hook-and-line 93 None documented 

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 50 percent (Category I) or greater than 

1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated high seas component listed in Table 3. 

TABLE 2—LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

CATEGORY I 

GILLNET FISHERIES: 

Mid-Atlantic gillnet 7,596 Bottlenose dolphin, WNA coastal1

Bottlenose dolphin, WNA offshore 

Common dolphin, WNA 

Gray seal, WNA 

Harbor porpoise, GME/BF 

Harbor seal, WNA 

Harp seal, WNA 

Humpback whale, Gulf of Maine 

Long-finned pilot whale, WNA 

Minke whale, Canadian east coast 

Short-finned pilot whale, WNA 

White-sided dolphin, WNA 

Northeast sink gillnet >6,455 Bottlenose dolphin, WNA offshore 

Common dolphin, WNA 

Fin whale, WNA 

Gray seal, WNA 

Harbor porpoise, GME/BF1

Harbor seal, WNA 

Harp seal, WNA 

Hooded seal, WNA 

Humpback whale, Gulf of Maine 

Minke whale, Canadian east coast 

North Atlantic right whale, WNA 

Risso’s dolphin, WNA 

White-sided dolphin, WNA 

LONGLINE FISHERIES: 


cprice-sewell on PRODPC61 with PROPOSALS
27758 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

TABLE 2—LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline * 94 Atlantic spotted dolphin, Northern GMX 

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, WNA1

Mesoplodon beaked whale, WNA 

Northern bottlenose whale, WNA 

Pantropical spotted dolphin, Northern GMX 

Pantropical spotted dolphin, WNA 

Risso’s dolphin, Northern GMX 

Risso’s dolphin, WNA 

Short-finned pilot whale, Northern GMX 

Short-finned pilot whale, WNA1

TRAP/POT FISHERIES: 

Northeast/Mid-Atlantic American lobster trap/pot 13,000 Harbor seal, WNA 

Humpback whale, Gulf of Maine 

Minke whale, Canadian east coast 

North Atlantic right whale, WNA1

CATEGORY II 

GILLNET FISHERIES: 

Chesapeake Bay inshore gillnet2 45 None documented in recent years 

Gulf of Mexico gillnet2 724 Bottlenose dolphin, Eastern GMX coastal 

Bottlenose dolphin, GMX bay, sound, and estuarine 

Bottlenose dolphin, Northern GMX coastal 

Bottlenose dolphin, Western GMX coastal 

NC inshore gillnet 94 Bottlenose dolphin, WNA coastal1

Northeast anchored float gillnet2 133 Harbor seal, WNA 

Humpback whale, Gulf of Maine 

White-sided dolphin, WNA 

Northeast drift gillnet2 unknown None documented 

Southeast Atlantic gillnet2 779 Bottlenose dolphin, WNA coastal 

Southeastern U.S. Atlantic shark gillnet 30 Atlantic spotted dolphin, WNA 

Bottlenose dolphin, WNA coastal1

North Atlantic right whale, WNA 

TRAWL FISHERIES: 

Mid-Atlantic mid-water trawl (including pair trawl) 400 Bottlenose dolphin, WNA offshore 

Common dolphin, WNA 

Long-finned pilot whale, WNA 

Risso’s dolphin, WNA 

Short-finned pilot whale, WNA 

White-sided dolphin, WNA1

Mid-Atlantic bottom trawl >1,000 Common dolphin, WNA1

Long-finned pilot whale, WNA1

Short-finned pilot whale, WNA1

White-sided dolphin, WNA 

Mid-Atlantic flynet2 21 None documented 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27759 

TABLE 2—LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

Northeast mid-water trawl (including pair trawl) 1,000 Harbor seal, WNA 

Long-finned pilot whale, WNA1

Short-finned pilot whale, WNA1

White-sided dolphin, WNA 

Northeast bottom trawl 1,600 Common dolphin, WNA 

Harbor porpoise, GME/BF 

Harbor seal, WNA 

Harp seal, WNA 

Long-finned pilot whale, WNA 

Short-finned pilot whale, WNA 

White-sided dolphin, WNA1

TRAP/POT FISHERIES: 

Atlantic blue crab trap/pot >16,000 Bottlenose dolphin, WNA coastal1

West Indian manatee, FL1

Atlantic mixed species trap/pot2 >429 Fin whale, WNA 

Humpback whale, Gulf of Maine 

PURSE SEINE FISHERIES: 

Gulf of Mexico menhaden purse seine 40–42 Bottlenose dolphin, Eastern GMX coastal 

Bottlenose dolphin, GMX bay, sound, estuarine 

Bottlenose dolphin, Northern GMX coastal1

Bottlenose dolphin, Western GMX coastal1

Mid-Atlantic menhaden purse seine2 34 Bottlenose dolphin, WNA coastal 

HAUL/BEACH SEINE FISHERIES: 

Mid-Atlantic haul/beach seine >221 Bottlenose dolphin, WNA coastal1

NC long haul seine 33 Bottlenose dolphin, WNA coastal1

STOP NET FISHERIES: 

NC roe mullet stop net 13 Bottlenose dolphin, WNA coastal1

POUND NET FISHERIES: 

VA pound net 62 Bottlenose dolphin, WNA coastal1

CATEGORY III 

GILLNET FISHERIES: 

Caribbean gillnet >991 Dwarf sperm whale, WNA 

West Indian manatee, Antillean 

DE River inshore gillnet 60 None documented in recent years 

Long Island Sound inshore gillnet 20 None documented in recent years 

RI, southern MA (to Monomoy Island), and NY Bight (Raritan and Lower 

NY Bays) inshore gillnet 

32 None documented in recent years 

Southeast Atlantic inshore gillnet unknown None documented 

TRAWL FISHERIES: 

Atlantic shellfish bottom trawl 972 None documented 


cprice-sewell on PRODPC61 with PROPOSALS
27760 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

TABLE 2—LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl >18,000 Bottlenose dolphin, WNA coastal 

Bottlenose dolphin, Eastern GMX coastal 

Bottlenose dolphin, Western GMX coastal 

Bottlenose dolphin, GMX bay, sound, estuarine 

West Indian manatee, FL 

Gulf of Mexico butterfish trawl 2 Bottlenose dolphin, Northern GMX oceanic 

Bottlenose dolphin, Northern GMX continental shelf 

Gulf of Mexico mixed species trawl 20 None documented 

GA cannonball jellyfish trawl 1 None documented 

MARINE AQUACULTURE FISHERIES: 

Finfish aquaculture 48 Harbor seal, WNA 

Shellfish aquaculture unknown None documented 

PURSE SEINE FISHERIES: 

Gulf of Maine Atlantic herring purse seine <10 Harbor seal, WNA 

Gray seal, WNA 

Gulf of Maine menhaden purse seine 50 None documented 

FL West Coast sardine purse seine 10 Bottlenose dolphin, 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 longline/hook-and-line 46 None documented in recent years 

Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-and-line/harpoon 26,223 Humpback whale, Gulf of Maine 

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line >5,000 None documented 

Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hookand-line <125 Bottlenose dolphin, Eastern GMX coastal 

Bottlenose dolphin, Northern GMX continental shelf 

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hookand-line/harpoon 1,446 None documented 

U.S. Atlantic, Gulf of Mexico trotline unknown None documented 

TRAP/POT FISHERIES 

Caribbean mixed species trap/pot >501 None documented 

Caribbean spiny lobster trap/pot >197 None documented 

FL spiny lobster trap/pot 2,145 Bottlenose dolphin, Eastern GMX coastal 

Bottlenose dolphin, WNA coastal 

Gulf of Mexico blue crab trap/pot 4,113 Bottlenose dolphin, 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 trap/pot unknown None documented 

Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot 10 None documented 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27761 

TABLE 2—LIST OF FISHERIES -- COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery Description 

Estimated 

# of 

vessels/ 

persons 

Marine mammal species and stocks incidentally 

killed/ injured 

Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot 4,453 Bottlenose dolphin, WNA coastal 

U.S. Mid-Atlantic eel trap/pot >700 None documented 

STOP SEINE/WEIR/POUND NET FISHERIES: 

Gulf of Maine herring and Atlantic mackerel stop seine/weir 50 Gray seal, Northwest North Atlantic 

Harbor porpoise, GME/BF 

Harbor seal, WNA 

Minke whale, Canadian East Coast 

White-sided dolphin, WNA 

U.S. Mid-Atlantic crab stop seine/weir 2,600 None documented 

U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC 

roe mullet stop net) 

751 None documented 

DREDGE FISHERIES: 

Gulf of Maine mussel >50 None documented 

Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge 233 None documented 

U.S. Mid-Atlantic/Gulf of Mexico oyster 7,000 None documented 

U.S. Mid-Atlantic offshore surf clam and quahog dredge 100 None documented 

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 haul/beach seine 25 None documented 

DIVE, HAND/MECHANICAL COLLECTION FISHERIES: 

Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical 

collection 

20,000 None documented 

Gulf of Maine urchin dive, hand/mechanical collection >50 None documented 

Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net unknown None documented 

COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: 

Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing 

vessel 

4,000 Bottlenose dolphin, Eastern GMX coastal 

Bottlenose dolphin, Northern GMX coastal 

Bottlenose dolphin, Western GMX coastal 

Bottlenose dolphin, WNA coastal 

List of Abbreviations and Symbols Used in Table 2: DE - Delaware; FL - Florida; GA - Georgia; GME/BF - Gulf of Maine/Bay of Fundy; GMX - 

Gulf of Mexico; MA - Massachusetts; NC - North Carolina; VA - Virginia; WNA - Western North Atlantic; 1 Fishery classified based on serious injuries and mortalities of this stock, which are greater than 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category 

II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated high seas component listed in Table 3. 

BILLING CODE 3510–22–S 


cprice-sewell on PRODPC61 with PROPOSALS
27762 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 


cprice-sewell on PRODPC61 with PROPOSALSEP11jn09.000</GPH>
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27763 


cprice-sewell on PRODPC61 with PROPOSALSEP11jn09.001</GPH>
27764 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 


cprice-sewell on PRODPC61 with PROPOSALSEP11jn09.002</GPH>
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27765 

BILLING CODE 3510–22–S 


cprice-sewell on PRODPC61 with PROPOSALSEP11jn09.003</GPH>
27766 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

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 

rule would not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis leading to the certification is set 

forth below. 

Under existing regulations, all fishers 

participating in Category I or II fisheries 

must register under the MMPA and 

obtain an Authorization Certificate. The 

Authorization Certificate authorizes the 

taking of marine mammals incidental to 

commercial fishing operations. 

Additionally, fishers may be subject to 

a Take Reduction Plan (TRP) and 

requested to carry an observer. NMFS 

has estimated that approximately 59,500 

fishing vessels, most of which are small 

entities, operate in Category I or II 

fisheries, and therefore, are required to 

register with NMFS. The MMPA 

registration process is integrated with 

existing state and Federal licensing, 

permitting, and registration programs. 

Therefore, fishers who have a federal or 

state fishery permit or landing license, 

or who are authorized through another 

related federal or state fishery 

registration program, are currently not 

required to register separately under the 

MMPA or pay the $25 registration fee. 

Therefore, there are no direct costs to 

small entities under this proposed rule. 

If a vessel is requested to carry an 

observer, fishers will not incur any 

direct economic costs associated with 

carrying that observer. Potential indirect 

costs to individual fishers required to 

take observers may include: lost space 

on deck for catch, lost bunk space, and 

lost fishing time due to time needed to 

process bycatch data. For effective 

monitoring, however, observers will 

rotate 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 because 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. The Council of Environmental 

Quality (CEQ) recommends agencies 

review EAs every five years; therefore, 

NMFS reviewed the 2005 EA in 2009. 

NMFS concluded that, because there 

have been no changes to the process 

used to develop the LOF and implement 

section 118 of the MMPA (including no 

new alternatives and no additional or 

new impacts on the human 

environment), there is not a need to 

update the 2005 EA at this time. 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 

Barlow, J., and K.A. Forney. 2007. 

Abundance and population density of 

cetaceans in the California Current 

ecosystem. Fishery Bulletin 105:509– 

526. 

Dated: June 4, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–13714 Filed 6–10–09; 8:45 am] 

BILLING CODE 3510–22–C 


cprice-sewell on PRODPC61 with PROPOSALS