[Federal Register: June 28, 2007 (Volume 72, Number 124)]
[Proposed Rules]
[Page 35393-35419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn07-20]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 070417093-7109-01]
RIN 0648-AV54
List of Fisheries for 2008
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) is publishing its
proposed List of Fisheries (LOF) for 2008, as required by the Marine
Mammal Protection Act (MMPA). The proposed LOF for 2008 reflects new
information on interactions between commercial fisheries and marine
mammals. NMFS must categorize each commercial fishery on the LOF into
one of three categories under the MMPA based upon the level of serious
injury and mortality of marine mammals that occurs incidental to each
fishery. The categorization of a fishery in the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
requirements.
DATES: Comments must be received by August 27, 2007.
ADDRESSES: Send comments to Chief, Marine Mammal and Sea Turtle
Conservation Division, Attn: List of Fisheries, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Comments may also be sent via e-mail to 2008LOF.comments@noaa.gov, via
fax to 301-427-2522, or to the Federal eRulemaking portal: http://www.regulations.gov
(follow instructions for submitting comments).
Comments regarding the burden-hour estimates, or any other aspect
of the collection of information requirements contained in this
proposed rule, should be submitted in writing to Chief, Marine Mammal
and Sea Turtle Conservation Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to David
Rostker, OMB, by fax to 202-395-7285 or by e-mail to
David_Rostker@omb.eop.gov.
See SUPPLEMENTARY INFORMATION for a listing of all Regional
offices.
FOR FURTHER INFORMATION CONTACT: Melissa Andersen, Office of Protected
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9328;
Nancy Young, Southeast Region, 727-551-5607; Elizabeth Petras,
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Lisa Van
Atta, Pacific Islands Region, 808-944-2257. Individuals who use a
telecommunications device for the hearing impaired may call the Federal
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Availability of Published Materials
Information regarding the LOF and the Marine Mammal Authorization
Program, including registration
[[Page 35394]]
procedures and forms, current and past LOFs, observer requirements, and
marine mammal injury/mortality reporting forms and submittal
procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/mmap
, or from any NMFS Regional Office at the addresses
listed below.
Regional Offices
NMFS, Northeast Region, One Blackburn Drive, Gloucester, MA 01930-
2298, Attn: Marcia Hobbs;
NMFS, Southeast Region, 263 13\th\ Avenue South, St. Petersburg, FL
33701, Attn: Teletha Mincey;
NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213, Attn: Lyle Enriquez;
NMFS, Northwest Region, 7600 Sand Point Way NE, Seattle, WA 98115,
Attn: Permits Office;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9\th\ Street, Juneau, AK 99802; or
NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani
Boulevard, Suite 1100, Honolulu, HI 96814-4700.
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
serious injury and mortality of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The categorization of a fishery in the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SAR) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How Does NMFS Determine in which Category a Fishery is Placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock, and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: If the total annual mortality and serious injury of a
marine mammal stock, across all fisheries, is less than or equal to 10
percent of the PBR level of the stock, all fisheries interacting with
the stock would be placed in Category III (unless those fisheries
interact with other stock(s) in which total annual mortality and
serious injury is greater than 10 percent of PBR). Otherwise, these
fisheries are subject to the next tier (Tier 2) of analysis to
determine their classification.
Tier 2, Category I: Annual mortality and serious injury of a stock
in a given fishery is greater than or equal to 50 percent of the PBR
level.
Tier 2, Category II: Annual mortality and serious injury of a stock
in a given fishery is greater than 1 percent and less than 50 percent
of the PBR level.
Tier 2, Category III: Annual mortality and serious injury of a
stock in a given fishery is less than or equal to 1 percent of the PBR
level.
While Tier 1 considers the cumulative fishery mortality and serious
injury for a particular stock, Tier 2 considers fishery-specific
mortality and serious injury for a particular stock. Additional details
regarding how the categories were determined are provided in the
preamble to the proposed rule implementing section 118 of the MMPA (60
FR 45086, August 30, 1995).
Since fisheries are categorized on a per-stock basis, a fishery may
qualify as one Category for one marine mammal stock and another
Category for a different marine mammal stock. A fishery is typically
categorized on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II).
Other Criteria That May Be Considered
In the absence of reliable information indicating the frequency of
incidental mortality and serious injury of marine mammals by a
commercial fishery, NMFS will determine whether the incidental serious
injury or mortality qualifies for Category II by evaluating other
factors such as fishing techniques, gear used, methods used to deter
marine mammals, target species, seasons and areas fished, qualitative
data from logbooks or fisher reports, stranding data, and the species
and distribution of marine mammals in the area, or at the discretion of
the Assistant Administrator for Fisheries (50 CFR 229.2).
How Does NMFS Determine which Species or Stocks are Included as
Incidentally Killed or Seriously Injured in a Fishery?
The LOF includes a list of marine mammal species or stocks
incidentally killed or seriously injured in each commercial fishery,
based on the level of serious injury or mortality in each fishery
relative to the PBR level for each stock. To determine which species or
stocks are included as incidentally killed or seriously injured in a
fishery, NMFS annually reviews the information presented in the current
SARs. The SARs are based upon the best available scientific information
and provide the most current and inclusive information on each stock's
PBR level and level of mortality or serious injury incidental to
commercial fishing operations. NMFS also reviews other sources of new
information, including observer data, stranding data and fisher self-
reports.
In the absence of reliable information on the level of mortality or
serious injury of a marine mammal stock, or insufficient observer data,
NMFS will determine whether a species or stock should be added to, or
deleted from, the list by considering other factors such as: changes in
gear types used, increases or decreases in fishing effort, increases or
decreases in the level of observer coverage, and/or changes in fishery
management that are expected to lead to decreases in interactions with
a given marine mammal stock (such as a Fishery Management Plan or a
Take Reduction Plan). NMFS will provide case specific justification in
the LOF for changes to the list of species or stocks incidentally
killed or seriously injured.
How do I Determine the Level of Observer Coverage in a Fishery?
Data obtained from observers and the level of observer coverage are
important tools in estimating the level of marine mammal mortality and
serious injury in commercial fishing operations. The best available
information on the level of observer coverage, and the spatial and
temporal distribution of observed
[[Page 35395]]
marine mammal interactions, is presented in the SARs. Starting with the
2005 SARs, each SAR includes an appendix with detailed descriptions of
each Category I and II fishery in the LOF. The SARs generally do not
provide detailed information on observer coverage in Category III
fisheries because under the MMPA Category III fisheries are not
required to accommodate observers aboard vessels due to the remote
likelihood of mortality and serious injury of marine mammals.
Information presented in the SARs' appendices include: level of
observer coverage, target species, levels of fishing effort, spatial
and temporal distribution of fishing effort, gear characteristics,
management and regulations, and interactions with marine mammals.
NMFS refers readers to the SARs for the most current information on
the level of observer coverage for each fishery. Copies of the SARs are
available on the NMFS Office of Protected Resource's Web site at:
http://www.nmfs.noaa.gov/pr/sars/. Additional information on observer
coverage in commercial fisheries can be found on the NMFS National
Observer Program's Web site: http://www.st.nmfs.gov/st4/nop/.
How Do I Find Out if a Specific Fishery is in Category I, II, or III?
This proposed rule includes two tables that list all U.S.
commercial fisheries by LOF Category. Table 1 lists all of the
fisheries in the Pacific Ocean (including Alaska). Table 2 lists all of
the fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.
Are High Seas Fisheries Included in the LOF?
Currently, high seas fisheries in which U.S. persons or vessels
participate are not included in the LOF. However, NMFS is considering
the inclusion of U.S.-authorized high seas fisheries (fisheries
operating beyond 200 nmi of U.S. coasts) in future LOFs. At this time,
NMFS is gathering available information on the number of vessels
permitted and/or actively fishing in U.S.-authorized high seas
fisheries, gear types used, and marine mammal-fishery interactions data
included in documents published under the Magnuson-Stevens Fisheries
Conservation and Management Act (MSA), National Environmental Policy
Act (NEPA), Endangered Species Act (ESA), and MMPA, and from relevant
Regional Fishery Management Organizations (RFMO) and the International
Whaling Commission (IWC).
NMFS faces significant challenges in accurately categorizing high
seas fisheries in the LOF. As discussed under ``Fishery Classification
Criteria'', fisheries are categorized in the LOF based on the level of
mortality and serious injury of marine mammal stocks relevant to the
stock's PBR level. PBR levels are calculated based on the stock's
abundance using data presented in the SARs, required under section 117
of the MMPA. Section 117 requires NMFS to prepare SARs for marine
mammal stocks occurring ``in waters under the jurisdiction of the
United States''. NMFS does not develop SARs, or PBR levels, for marine
mammal stocks on the high seas. As a result, NMFS does not have
sufficient information on marine mammal stock abundances or the level
of marine mammal-fishery interactions on the high seas to classify high
seas fisheries on the LOF at this time. NMFS will continue to explore
options for the potential inclusion of high seas fisheries in a future
LOF using available information. NMFS will also continue to gather
available information on existing U.S.-authorized high seas fisheries,
marine mammal stock abundances on the high seas, and levels of marine
mammal-fishery interactions on the high seas in order to accurately
categorize high seas fisheries for potential inclusion on future LOFs.
Am I Required to Register Under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization from NMFS in order to lawfully incidentally take a marine
mammal in a commercial fishery. Owners of vessels or gear engaged in a
Category III fishery are not required to register with NMFS or obtain a
marine mammal authorization.
How Do I Register?
Vessel or gear owners must register with the Marine Mammal
Authorization Program (MMAP) by contacting the relevant NMFS Regional
Office (see ADDRESSES), unless they participate in a fishery that has
an integrated registration program (described below). Upon receipt of a
completed registration, NMFS will issue vessel or gear owners an
authorization certificate. The authorization certificate, or a copy,
must be on board the vessel while it is operating in a Category I or II
fishery, or for non-vessel fisheries, in the possession of the person
in charge of the fishing operation (50 CFR 229.4(e)).
What is the Process for Registering in an Integrated Fishery?
For some fisheries, NMFS has integrated the MMPA registration
process with existing state and Federal fishery license, registration,
or permit systems. Participants in these fisheries are automatically
registered under the MMPA and are not required to submit registration
or renewal materials or pay the $25 registration fee. The following
section indicates which fisheries are integrated fisheries and has a
summary of the integration process for each Region. Vessel or gear
owners who operate in an integrated fishery and have not received an
authorization certificate by January 1 of each new year or with renewed
state fishing licenses (as in Washington and Oregon) must contact their
NMFS Regional Office (see ADDRESSES). Although efforts are made to
limit the issuance of authorization certificates to only those vessel
or gear owners that participate in Category I or II fisheries, not all
state and Federal permit systems distinguish between fisheries as
classified by the LOF. Therefore, some vessel or gear owners in
Category III fisheries may receive authorization certificates even
though they are not required for Category III fisheries. Individuals
fishing in Category I and II fisheries for which no state or Federal
permit is required must register with NMFS by contacting their
appropriate Regional Office (see ADDRESSES).
Which Fisheries Have Integrated Registration Programs?
The following fisheries have integrated registration programs under
the MMPA:
1. All Alaska Category II fisheries;
2. All Washington and Oregon Category II fisheries;
3. Northeast Regional fisheries for which a state or Federal permit
is required;
4. All Southeast Regional fisheries for which a Federal permit is
required, as well as fisheries permitted by the states of North
Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas; and
5. The Hawaii Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic
Sharks Longline/Set line Fishery.
How Do I Renew My Registration Under the MMPA?
Vessel or gear owners that participate in fisheries that have
integrated registration programs (described above) are automatically
renewed and should receive an authorization certificate by January 1 of
each new year, with the
[[Page 35396]]
exception of Washington and Oregon Category II fisheries. Washington
and Oregon fishers receive authorization with each renewed state
fishing license, the timing of which varies based on target species.
Vessel or gear owners who participate in an integrated fishery and have
not received authorization certificates by January 1 or with renewed
fishing licenses (Washington and Oregon) must contact the appropriate
NMFS Regional Office (see ADDRESSES). Vessel or gear owners that
participate in fisheries that do not have integrated registration
programs and that have previously registered in a Category I or II
fishery will receive a renewal packet from the appropriate NMFS
Regional Office at least 30 days prior to January 1 of each new year.
It is the responsibility of the vessel or gear owner in these fisheries
to complete their renewal form and return it to the appropriate NMFS
Regional Office at least 30 days in advance of fishing. Individuals who
have not received a renewal packet by January 1 or are registering for
the first time must request a registration form from the appropriate
Regional Office (see ADDRESSES).
Am I Required to Submit Reports When I Injure or Kill a Marine Mammal
During the Course of Commercial Fishing Operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a Category I, II, or III
fishery must report to NMFS all incidental injuries and mortalities of
marine mammals that occur during commercial fishing operations.
``Injury'' is defined in 50 CFR 229.2 as a wound or other physical
harm. In addition, any animal that ingests fishing gear or any animal
that is released with fishing gear entangling, trailing, or perforating
any part of the body is considered injured, regardless of the presence
of any wound or other evidence of injury, and must be reported. Injury/
mortality report forms and instructions for submitting forms to NMFS
can be downloaded from: http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf.
Reporting requirements and procedures can be
found in 50 CFR 229.6.
Am I Required to Take an Observer Aboard My Vessel?
Fishers participating in a Category I or II fishery are required to
accommodate an observer aboard vessel(s) upon request. Observer
requirements can be found in 50 CFR 229.7.
Am I Required to Comply With Any Take Reduction Plan Regulations?
Fishers participating in a Category I or II fishery are required to
comply with any applicable take reduction plans. Take reduction plan
requirements can be found at 50 CFR 229.30-34.
Sources of Information Reviewed for the Proposed 2008 LOF
NMFS reviewed the marine mammal incidental serious injury and
mortality information presented in the SARs for all observed fisheries
to determine whether changes in fishery classification were warranted.
NMFS' SARs are based on the best scientific information available at
the time of preparation, including the level of serious injury and
mortality of marine mammals that occurs incidental to commercial
fisheries and the PBR levels of marine mammal stocks. The information
contained in the SARs is reviewed by regional Scientific Review Groups
(SRGs) representing Alaska, the Pacific (including Hawaii), and the
U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by
the MMPA to review the science that informs the SARs, and to advise
NMFS on population status and trends, stock structure, uncertainties in
the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding data, observer program data, fisher self-
reports, and other information that may not be included in the SARs.
The proposed LOF for 2008 was based, among other things, on
information provided in the final SARs for 1996 (63 FR 60, January 2,
1998), the final SARs for 2001 (67 FR 10671, March 8, 2002), the final
SARs for 2002 (68 FR 17920, April 14, 2003), the final SARs for 2003
(69 FR 54262, September 8, 2004), the final SARs for 2004 (70 FR 35397,
June 20, 2005), the final SARs for 2005 (71 FR 26340, May 4, 2006), the
final SARs for 2006 (72 FR 12774, March 19, 2007), and the draft SARs
for 2007. All the SARs are available at: http://www.nmfs.noaa.gov/pr/sars/
.
Fishery Descriptions
Many fisheries on the LOF only partially been described in the LOF,
or not at all. While detailed information describing each fishery in
the LOF is included in the SARs, within a Fishery Management Plan (FMP)
or Take Reduction Plan (TRP), or by state agencies, general descriptive
information is important to include in the LOF for improved clarity.
Below, NMFS briefly describes each Category I and II fishery in the
proposed LOF for 2008. Fisheries are defined based on the gear and
fishing methods, target species, temporal and spatial distribution, and
management and regulatory schemes. NMFS refers readers to the SARs for
more additional information on Category I and II fisheries.
Category I and II Commercial Fisheries in the Pacific Ocean
HI Swordfish, Tuna, Billfish, Mahi Mahi, Wahoo, Oceanic Sharks
Longline/Set Line Fishery
The Category I HI longline fishery targets swordfish, tuna,
billfish, mahi mahi, wahoo, and oceanic sharks. The basic unit of gear
is a 30-40 mi (48-64 km) long mainline made of 0.13-0.16 in (3.2-4.0
mm) diameter monofilament line, with 800-1,000 hooks attached to the
mainline. Deployment and retrieval of gear must occur at night. Shallow
swordfish sets are required to use size 18/0 circle hooks with a 10-
degree offset and mackerel bait. Using squid bait is prohibited. For
deep sets, all float lines must be at least 20 m (65.6 ft) long with a
minimum of 15 branch lines attached to the mainline between any 2
floats, except for basket-style longline gear that may have as few as
10 branch lines. The use of any light emitting device is prohibited and
vessels may not land or possess more than 10 swordfish at any time. The
fishery operates over a huge geographic range extending north-south
from 40[deg]N. lat. to the equator and east-west from Kure Atoll to as
far as 135[deg]W. long. Fishing for swordfish generally occurs north of
Hawaii (as much as 2,000 mi (3,219 km) from Honolulu), whereas fishing
for tunas occurs primarily around the main Hawaiian Islands and south
of the Hawaiian Islands. The fishery operates year-round, with effort
generally lower in the third quarter of the year.
The HI longline fishery is managed in part under the FMP for
Pelagic Fisheries of the Western Pacific Region. The shallow-set
swordfish component has annual fleetwide limits on interactions with
leatherback and loggerhead sea turtles, an annual fleetwide limit of
2,120 shallow sets north of the equator per year, and a requirement for
operators to annually participate in a protected species workshop and
get a valid protected species certification. Also, regulations mandate
100 percent observer coverage in the shallow-set component of the
fishery and at least 20 percent observer coverage in the deep-set
component.
[[Page 35397]]
CA/OR Thresher Shark/Swordfish Drift Gillnet Fishery ([gteqt]14 in
Mesh)
The Category I CA/OR thresher shark/swordfish drift gillnet fishery
primarily targets common and pelagic thresher sharks, swordfish, and
mako shark using a 1000-fathom (6,000 ft; 1,829 m) gillnet with
stretched mesh size from 18-22 in (46-56 cm) with a 14-in (35.6 cm)
minimum. Other species caught include: pelagic thresher, bigeye
thresher, shortfin mako, blue shark, albacore, other tunas, dorado,
groundfish, coastal pelagics, and crab. One end of the net is typically
attached to the vessel and is set at dusk and allowed to drift during
the night, typically for 12-14 hours. Fishing effort extends from the
U.S.-Mexico border north to waters off of Oregon, with the majority of
effort occurring from October to December. Oregon restricts landings to
swordfish only.
This fishery is a limited entry fishery managed under the Pacific
Highly Migratory Species (HMS) FMP and by regulations under the Pacific
Offshore Cetacean Take Reduction Plan (POCTRP), including multiple
area-season closures and gear restrictions, a requirement for pingers
on drift gillnets, a requirement that extenders (buoy lines) be at
least 36 ft (11 m) long, and a requirement for vessel captains to
attend skipper education workshops.
CA Angel Shark/Halibut and Other Species Set Gillnet Fishery (< 3.5 in
mesh)
The Category I CA angel shark/halibut and other species set gillnet
fishery targets angel shark and halibut from the U.S.-Mexico border
north to Monterey Bay using 200 fathom (1,200 ft; 366 m) gillnet with a
stretch mesh size of 8.5 in (31.6 cm). Net soak duration is typically
8-10, 19-24, or 44-49 hours at a depth ranging from 15-50 fathoms (90-
300 ft; 27-91 m) with most sets from 15-35 fathoms (90-210 ft; 27-64
m). No more than 1500 fathoms (9,000 ft; 2,743 m) of gill or trammel
net may be fished in combination for CA halibut and angel shark.
Fishing occurs year-round, with effort generally increasing during
summer months and declining during last the 3 months of the year. The
central CA portion of the fishery from Point Arguello to Point Reyes
has been closed since September, 2002, following a ban on gillnets
inshore of 60 fathoms (360 ft; 110 m). Set gill nets have been
prohibited in state waters south of Point Arguello and within 70
fathoms (420 ft; 128 m) or one mile (1.6 km), whichever is less, around
the Channel Islands since 1990. The California Department of Fish and
Game (CDFG) manages the fishery as a limited entry fishery with gear
restrictions and area closures.
CA Yellowtail, Barracuda, and White Seabass Drift Gillnet Fishery (mesh
size >3.5 in. and <14 in.)
The Category II CA yellowtail, barracuda, and white seabass drift
gillnet fishery targets primarily yellowtail and white seabass, and
secondarily barracuda, with target species typically determined by
market demand on a short-term basis. Drift gillnets are up to 6,000 ft
(1,829 m) long and are set at the surface. The mesh size depends on
target species and is typically 6.0-6.5 in (15-16.5 cm). When targeting
yellowtail and barracuda, the mesh size must be [gteqt]3.5 in (9 cm);
when targeting white seabass, the mesh size must be [gteqt]6 in (15.2
cm). From June 16 to March 14 not more than 20 percent, by number, of a
load of fish may be white seabass with a total length of 28 in (71 cm).
A maximum of ten white seabass per load may be taken, if taken in
gillnet or trammel nets with meshes from 3.5-6.0 in (9-15 cm) in
length. The fishery operates year-round, primarily south of Point
Conception with some effort around San Clemente Island and San Nicolas
Island. This fishery is a limited entry fishery with various gear
restrictions and area closures managed by the CDFG. Targeting tuna with
this type of gear was effectively prohibited in April, 2004, under the
Pacific HMS FMP.
CA Anchovy, Mackerel, Sardine Purse Seine Fishery
The Category II CA anchovy, mackerel, sardine purse seine fishery
targets wetfish (anchovy, mackerel, and sardine), with the target
species primarily driven by availability and market demand. The fishery
uses purse seines, drum seines, and lampara nets using standard seining
techniques. A typical purse seine net is 185 fathoms (1,110 ft; 338 m)
long, 22 fathoms (132 ft; 40 m) deep, and 1,600 meshes deep with each
mesh measures 1.25 in (3 cm). The fishery operates year-round
predominantly in southern CA (including the Channel Islands) from San
Pedro, San Diego, Oceanside, and Dana Point, then north to San
Francisco. This fishery is a limited entry fishery, and the mackerel
and sardine fisheries are quota fisheries. The fishery is managed in
accordance with the Coastal Pelagic Species (CPS) FMP.
CA Tuna Purse Seine Fishery
The Category II CA tuna purse seine fishery targets yellowfin,
skipjack, and bluefin tuna using purse seine nets similar to those used
to target Coastal Pelagic Species (see the description under ``CA
anchovy, mackerel, sardine purse seine fishery''). The fishery operates
from May to October south of Point Conception to the U.S.-Mexico border
and in the Southern California Bight. The fishery is managed under the
Pacific HMS FMP. This fishery is considered an opportunist fishery,
meaning that fishers only target tuna when certain oceanographic and
market conditions exist to make the fishery viable. Effort in the
fishery is highly variable, ranging from zero to ten participants
annually over the past several years.
CA Squid Purse Seine Fishery
The Category II CA squid purse seine fishery targets market squid
using several gear types. From 1997-2001, 98 percent of fishermen used
purse (77 percent) or drum (21 percent) seine nets. Other types used
were lampara, dip, and brail nets. The fishery uses lights (shielded
and oriented downward, with a maximum of 30,000 watts) to aggregate
spawning squid. The fishery operates year-round with the effort
focusing north of Point Conception from April to September and south of
Point Conception from October to March. El Nino events cause northern
landings to increase, while La Nina events cause southern landings to
increase.
The fishery is managed by the CDFG and is monitored under the CPS
FMP and the Market Squid FMP. Commercial squid purse seine fishing is
prohibited year-round from noon on Friday until noon on Sunday to allow
a 2-day consecutive uninterrupted period of spawning. All vessels must
be permitted and comply with a mandatory logbook program for fishing
and lighting. Since 2001, a seasonal harvest guideline is set to limit
further expansion of the fishery.
CA Pelagic Longline Fishery
The Category II CA pelagic longline fishery includes both shallow-
set and deep-set gear targeting swordfish and bigeye, albacore, and
yellowfin tuna. The fishery operates in waters outside of the U.S.
Exclusive Economic Zone (EEZ) because the Pacific HMS FMP prohibits
targeting swordfish with longlines within 200 nmi of shore. In 2004,
the CA-based shallow-set longline fishery was closed due to anticipated
levels of sea turtle interactions. The following is a general
description of the shallow-set fishery as it operated prior to 2004 and
the current deep-set longline fishery.
Prior to 2004, shallow-set longlines operated year-round primarily
targeting swordfish with 15-45 mi (24-72 km) of mainline rigged with
72-ft (22-m) gangions at approximately 197 ft (60 m)
[[Page 35398]]
intervals. A shallow-set typically has 800-1,300 hooks with large squid
or mackerel for bait. Most shallow-set fishing took place at night when
swordfish are at the surface, using various colored lightsticks. A
shallow-set mainline is deployed for 4-7 hours and left to drift
unattached for 7-10 hours. At this time there is no CA-based shallow-
set longline fishing due to anticipated levels of sea turtle
interactions.
Deep-set longlines operate year-round primarily targeting tuna with
4-46.6 mi (7-75 km) mainline rigged with 25.6-36 ft (7.8-10.9 m)
gangions with 15-16 branchlines set between floats. Deep-set longlines
are set at dawn with an average 12 hour soak time. The deep-set sag of
the mainline is between 328-1,050 ft (100-320 m) below the water's
surface. A deep-set typically contains 270-1,900 hooks with double
weighted leaders and sardine for bait. Deep-sets use a variety of hooks
including size 38 tuna hooks, size 9 J-hooks, and size 16/0 circle
hooks. A small scale deep-set longline fishery began in January 2005
and continues currently. One hundred percent observer coverage is
required in the deep-set longline fishery.
OR Swordfish Floating Longline Fishery
The Category II OR swordfish floating (i.e., surface or pelagic)
longline fishery targets swordfish using a buoyed mainline fitted with
leaders and baited hooks. The mainline is fished near the surface and
is suspended from buoys. Swordfish longlines may not exceed 1,000
fathoms (6,000 ft; 1,829 m) in length and must be attached at one end
to the vessel when fishing. The gear is typically set in the evening
and retrieved in the morning. Fishing could occur year-round; however,
effort generally terminates by late fall. This fishery, like the ``CA
pelagic longline'' fishery discussed above, is managed under the
Pacific HMS FMP, which prohibits targeting swordfish with longlines
within the EEZ. Shallow-set methods used for swordfish are also
prohibited east of 150[deg]W. long. While this fishery can operate
outside the U.S. EEZ, it is a developmental fishery with virtually no
participants. There were no active permit holders in this fishery from
2000-2005. As a result, NMFS is proposing to remove this fishery from
the 2008 LOF. Please see ``Summary of Changes to the LOF for 2008'' for
more information.
OR Blue Shark Floating Longline Fishery
The Category II OR blue shark floating (i.e., surface or pelagic)
longline fishery targets blue sharks off the coast of OR using a buoyed
mainline fitted with leaders and baited hooks. The mainline is fished
near the surface and is suspended from buoys. Shark longlines must be
marked at each terminal surface end with a pole and flag, an operating
light, a radar reflector, and a buoy showing clear identification and
gear owner. The gear is typically set in the evening and retrieved in
the morning. The fishery occurs year-round, however, effort generally
terminates in the fall. This fishery is managed under the Pacific HMS
FMP, which prohibits targeting highly migratory species such as blue
shark with longlines within the U.S. EEZ. While this fishery can
operate outside the U.S. EEZ, the number of Oregon Developmental
Fishery Permits for fishing blue shark using a floating longline is
limited to 10. From 2000-2005, there were fewer than 5 permits issued
annually for this fishery. As a result, NMFS is proposing to remove
this fishery from the 2008 LOF. Please see ``Summary of Changes to the
LOF for 2008'' for more information.
WA Puget Sound Regional Salmon Drift Gillnet
The Category II WA Puget Sound regional salmon drift gillnet
fishery targets coho, pink, sockeye, chinook, and chum salmon in inland
marine waters (state waters) south of the U.S.-Canada border and east
of the Bonilla-Tatoosh line at the entrance to the Strait of Juan de
Fuca. Drift gillnet gear consists of single web construction, not
exceeding 300 fathoms (1,800; 549 m) in length, attached at one end of
the vessel. The minimum mesh size varies from 5-7 in (13-18 cm)
depending on the target species. While the depths fished vary,
fishermen strive to keep the net off of the bottom. The drift times
vary depending on the fishing area, tidal condition, and catch. This
fishery is a limited entry fishery with seasonal openings, area
closures, and gear restrictions. Regulations governing incidental take
of marine mammals do not apply to tribal members exercising fishing
treaty rights within this fishery.
AK Prince William Sound Salmon Drift Gillnet Fishery
The Category II AK Prince William Sound salmon drift gillnet
fishery targets salmon using drift gillnet gear with soak times of 15
minutes to 3 hours. The gear is set both during the day and night, with
10-14 sets per day. The fishery operates from mid-May to the end of
September in the Prince William Sound Fisheries Management Area, the
Copper River, and the Bering Sea. The Prince William Sound Fisheries
Management Area consists of 11 districts with six hatcheries
contributing to the salmon fisheries. This drift gillnet fishery is
managed by the Alaska Department of Fish and Game (ADFG) as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Peninsula/Aleutian Islands Salmon Drift Gillnet Fishery
The Category II AK Peninsula/Aleutian Islands salmon drift gillnet
fishery targets salmon using drift gillnet gear with soak times of 2-5
hours. The gear is set during the day and night, with 3-8 sets per day.
The fishery operates from mid-June to mid-September in two districts
north of the Alaska Peninsula (Northern and Northwestern), and four
districts south of the AK Peninsula (Unimake, Southwestern,
Southcentral, and Southeastern). This drift gillnet fishery is managed
by ADFG as a limited entry fishery with gear restrictions (mesh and net
size) and area closures.
AK Peninsula/Aleutian Islands Salmon Set Gillnet Fishery
The Category II AK Peninsula/Aleutian Islands salmon set gillnet
fishery targets salmon using set gillnet with the gear set every 2
hours during the day and night. The gear is set with continuous soak
times during the opener. Salmon may only be fished commercially during
periods known as openers established by ADFG in-season. During some
periods of the season fishing may be continuous with openers lasting
days or even many weeks at a time. The ADFG posts weekly notices of
fishing openers and announces the openers on regular radio channels a
few days or a few hours before each opener. Fishing periods are often
extended by Emergency Order during the last 24 hours of the opener.
This fishery generally operates from June 18 to mid-August in two
districts north of the AK Peninsula (Northern and Northwestern), and
four districts south of the AK Peninsula (Unimake, Southwestern,
Southcentral, and Southeastern). Set gillnet fishing effort also occurs
off Atka and Amelia Islands. This set gillnet fishery is managed by
ADFG as a limited entry fishery with gear restrictions (mesh and net
size) and area closures.
AK Southeast Salmon Drift Gillnet Fishery
The Category II AK Southeast salmon drift gillnet fishery targets
salmon using drift gillnet gear with soak times of 20 minutes to 3
hours. The gear is set during the day and night, with 6-20 sets set per
day. This fishery generally
[[Page 35399]]
operates from June 18 to early October in five main fishing areas off
Southeast AK, as well as at Annette Island, in terminal harvest areas
(THA) adjacent to hatchery facilities, and for hatchery cost recovery.
The majority of salmon are caught by drift gillnets in the five main
fishing areas (81 percent in 2003) and the THAs (13 percent in 2003),
with small contributions from Annette Island (4 percent in 2003), and
for hatchery cost recovery (1.8 percent in 2003). This drift gillnet
fishery is managed by ADFG as a limited entry fishery, with gear
restrictions (mesh and net size) and area closures.
AK Cook Inlet Salmon Drift Gillnet Fishery
The Category II AK Cook Inlet salmon drift gillnet fishery targets
salmon using drift gillnet gear with soak times of 15 minutes to 3
hours, or continuously. The gear is set during the day, with 6-18 sets
per day. This fishery generally operates from June 25 to end of August
in the Central District of the Upper Cook Inlet. Drift gillnet fishing
effort for sockeye salmon peaks in mid to late July. Currently, drift
gillnet fishing for salmon in the Cook Inlet occurs in the Central
District area only for the two regular 12-hour openers on Mondays and
Thursdays. This drift gillnet fishery is managed by ADFG as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Cook Inlet Salmon Set Gillnet Fishery
The Category II AK Cook Inlet salmon set gillnet fishery targets
salmon using set gillnet gear with continuous soak times during the
opener. Fishing effort occurs during the day and night in the Upper
Cook Inlet; while fishing effort occurs only during the day in the
Lower Cook Inlet, except during fishery extensions. In the Upper Cook
Inlet, the catch is picked from the net (i.e., the net is tended) each
day during a slack tide; while the catch is picked from the net every
2-6 hours in the Lower Cook Inlet. The net becomes dry with low tide.
The fishery generally operates from June 2 to mid-September in Cook
Inlet. This set gillnet fishery is managed by ADFG as a limited entry
fishery with gear restrictions (mesh and net size) and area closures.
AK Yakutat Salmon Set Gillnet Fishery
The Category II AK Yakutat salmon set gillnet fishery targets
salmon using set gillnet gear with continuous soak times during the
opener, during the day and night. The catch is picked from the net
every 2-4 hours each day or continuously during peak fishing times. The
fishery generally operates from June 4 to the end of August. The
Yakutat salmon set gillnet fishery consists of multiple set gillnet
fisheries occurring in two fishing districts, the Yakutat District and
the Yakataga District. As many as 25 different areas in the Yakutat and
Yakataga Districts are open to commercial fishing each year. The
Yakutat District fisheries primarily target sockeye and coho salmon,
although all species of salmon are harvested. The Yakataga District
fisheries target coho salmon. With a few exceptions, set gillnetting is
confined to the intertidal area inside the mouths of rivers and
streams, and to the ocean waters immediately adjacent to each. Due to
the terminal nature of these fisheries, ADFG has been able to develop
salmon escapement goals for most of the major, and several of the
minor, fisheries. This set gillnet fishery is managed by ADFG as a
limited entry fishery with gear restrictions (mesh and net size) and
area closures.
AK Kodiak Salmon Set Gillnet Fishery
The Category II AK Kodiak salmon set gillnet fishery targets salmon
using set gillnet gear with continuous soak times during the opener.
Fishing effort occurs during the day, with the catch is picked from the
net 2 or more times each day. The majority of set gillnets are attached
to a shore lead up to 80 fathoms (480 ft; 146 m) long in a straight
line to a king buoy offshore, with numerous anchor lines and buoys
holding the net in place. The last 25 fathoms (150 ft; 46 m) of the
gillnet is usually formed into a fish trap, also called a hook. The
fishery generally operates from June 9 to the end of September or early
October. Many areas are open until early October, but most fishermen
remove the nets by early September. As the runs progress in late July
and change from sockeye to pink salmon, the ADFG often reduces the
length of openers if escapement goals have not been met. Fishing effort
begins to reduce in mid to late August as salmon runs begin to decline.
This fishery consists of 2 Districts, the Northwest District from
Spruce Island to the south side of Uyak Bay, and the Alitak Bay
District located on the southwestern corner of Kodiak island. In most
years, the Northwest District is fished by approximately 100 permit
holders and constitutes approximately 70 percent of the annual fishing
effort, while the Alitak Bay District is fished by approximately 70
permit holders and constitutes approximately 30 percent of the annual
fishing effort. Traditionally, the Northwest District is open for the
majority of June and July, while effort in the Alitak Bay District
typically occurs 5 to 7 days out of every 10 days during the fishing
season. This set gillnet fishery is managed by ADFG as a limited entry
fishery with gear restrictions (mesh and net size) and area closures.
AK Bristol Bay Salmon Drift Gillnet Fishery
The Category II AK Bristol Bay salmon drift gillnet fishery targets
salmon using drift gillnet gear with continuous soak times for part of
the net, while other parts of the net are tended. Fishing effort occurs
during the day and night, with a continuous number of sets per day.
This fishery generally operates from June 17 to the end of August in
Bristol Bay. Approximately 80 percent of the salmon catch in Bristol
Bay is caught with drift gillnets. The Bristol Bay management area
consists of five management districts including all coastal and inland
waters from Cape Newenham to Cape Menshikof. There are eight major
river systems in the area, and these form the largest commercial
sockeye salmon fishery in the world. Although sockeye salmon is the
most abundant salmon species that returns to Bristol Bay each year,
chinook, chum, coho, and pink salmon returns are also important to the
fishery. This drift gillnet fishery is managed by ADFG as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Bristol Bay Salmon Set Gillnet Fishery
The Category II AK Bristol Bay salmon set gillnet fishery targets
salmon using set gillnet gear with continuous soak times during the
opener, but the net is dry during low tide. Fishing effort occurs
during the day and night, with 2 or more continuous sets per day. This
fishery generally operates from June 17 to the end of August or mid-
September in the same areas in Bristol Bay as the AK Bristol Bay salmon
drift gillnet fishery discussed above. Approximately 20 percent of the
salmon catch in Bristol Bay is caught with set gillnets. This set
gillnet fishery is managed by ADFG as a limited entry fishery with gear
restrictions (mesh and net size) and area closures.
AK Metlakatla/Annette Island Salmon Drift Gillnet Fishery
The Category II AK Metlakatla/Annette Island salmon drift gillnet
fishery targets salmon using drift gillnet gear off Annette Island in
Southeast AK. This drift gillnet fishery is managed by ADFG as a
limited entry fishery with gear restrictions (mesh and net size) and
area closures. The tribal portion of this
[[Page 35400]]
fishery is separate from the AK Southeast drift gillnet fishery only
for regulation purposes. The fisheries are considered the same for LOF
categorization purposes.
AK Southeast Salmon Purse Seine Fishery
The Category II AK Southeast salmon purse seine fishery targets
salmon using purse seine gear with soak times of 20-45 minutes. Fishing
effort occurs mostly in daylight hours, except at the peak of the
season, with 6-20 sets per day. The fishery generally operates from the
end of June to September. In 2003, purse seine fishing ran through
November 12 in THAs. Regulations allow purse seine fishing to occur in
certain fishing districts, and also in certain THAs, hatchery cost
recovery areas, and the Annette Island Fishery Reserve. This purse
seine fishery accounts for approximately 80 percent of the total salmon
harvest in Southeast AK, and approximately 87 percent of the fish
caught are pink salmon. This purse seine fishery is managed by ADFG as
a limited entry fishery with gear restrictions (mesh and net size) and
area closures.
AK Cook Inlet Salmon Purse Seine Fishery
The Category II AK Cook Inlet salmon purse seine fishery targets
salmon using purse seine gear in Cook Inlet from June 1 to October 31.
Purse seines must be between 90 fathoms (540 ft; 165 m) and 250 fathoms
(1,500 ft; 457 m) long, and 100 meshes and 325 meshes deep. Detachable
or loose leads are not permitted. In Cook Inlet, purse seines may be
used in the Southern District, Kamishak Bay District, Outer District,
Eastern District, and Chinitna Bay Subdistrict east of a line from the
crane on the south shore to the largest boulder on the landward end of
Glacier Spit. This purse seine fishery is managed by ADFG as a limited
entry fishery with gear restrictions (mesh and net size) and area
closures.
AK Kodiak Salmon Purse Seine Fishery
The Category II AK Kodiak salmon purse seine fishery targets salmon
using purse seine gear from June 1 to October 31, with fishing periods
open by regulation and emergency orders. Purse seine gear must have a
mesh size of less than 7 in (18 cm). Purse seine gear must be between
100 fathoms (600 ft; 183 m) and 200 fathoms (1,200 ft; 366 m) long, and
between 100 meshes and 325 meshes deep. At least 50 fathoms (300 ft; 91
m) of a purse seine must be 150 meshes in depth. One lead, no more than
100 fathoms (600 ft; 183 m) in length, may be used with each purse
seine. The aggregate length of a seine and lead may not exceed 250
fathoms (1,500 ft; 457 m). Leads must be removed from the water within
two hours after a season or fishing period closure. Overlapping panels
of net web may not be used in seine leads.
This fishery occurs in the Kodiak Area, including all waters of AK
south of Cape Douglas (58[deg] 51.10'N. lat.), west of 150[deg]W.
long., north of 55[deg] 30'N. lat., and north and east of the southern
entrance of Imuya Bay. This purse seine fishery is managed by ADFG as a
limited entry fishery with gear restrictions (mesh and net size) and
area closures.
AK Bering Sea and Aleutian Islands (BSAI) Flatfish Trawl Fishery
The Category II AK BSAI flatfish trawl fishery targets flatfish
using trawl gear in the U.S. EEZ of the eastern Bering Sea and the
portion of the North Pacific Ocean adjacent to the Aleutian Islands,
which is west of 170[deg]W. long. up to the U.S.-Russian Convention
Line of 1867. Management measures for the BSAI groundfish fisheries
constrain fishing both temporally and spatially. This fishery is
federally managed under the BSAI FMP. The authorized gear, fishing
season, criteria for determining fishing seasons, and area restrictions
by gear type are defined in the regulations implementing the BSAI FMP
(50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pollock Trawl Fishery
The Category II AK BSAI pollock trawl fishery targets flatfish
using trawl gear in the same location as the AK BSAI flatfish trawl
fishery described above. The use of non-pelagic trawl gear in the
directed fishery for pollock is prohibited. This fishery is federally
managed under the BSAI FMP. Management measures for the BSAI groundfish
fisheries constrain fishing both temporally and spatially. The gear
authorized, fishing year, criteria for determining fishing seasons, and
area restrictions by gear type are defined in the regulations
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea and Aleutian Islands (BSAI) Pacific Cod Longline Fishery
The Category II AK BSAI Pacific cod longline fishery targets
Pacific cod using longline gear in the same location as the AK BSAI
flatfish trawl fishery described above. This fishery is federally
managed under the BSAI FMP. Management measures for the BSAI groundfish
fisheries constrain fishing both temporally and spatially. The gear
authorized, fishing year, criteria for determining fishing seasons, and
area restrictions by gear type are defined in the regulations
implementing the BSAI FMP (50 CFR part 679).
AK Bering Sea Sablefish Pot Fishery
The Category II AK Bering Sea sablefish pot fishery targets
sablefish using pot gear in the same location as the AK BSAI flatfish
trawl fishery described above. This fishery is Federally managed under
the BSAI FMP and is operated under Individual Fishing Quotas.
Management measures for the BSAI groundfish fisheries constrain fishing
both temporally and spatially. The gear authorized, fishing year,
criteria for determining fishing seasons, and area restrictions by gear
type are defined in the regulations implementing the BSAI FMP (50 CFR
part 679).
Category I and II Commercial Fisheries in the Atlantic Ocean, Gulf of
Mexico, and Caribbean
Northeast Sink Gillnet Fishery
The Category I Northeast sink gillnet fishery targets Atlantic cod,
haddock, pollock, yellowtail flounder, winter flounder, witch flounder,
American plaice, windowpane flounder, spiny dogfish, monkfish, silver
hake, red hake, white hake, ocean pout, skate spp, mackerel, redfish,
and shad. This fishery uses sink gillnet gear, which is anchored
gillnet (bottom-tending net) fished in the lower one-third of the water
column. The dominant material is monofilament twine with stretched mesh
sizes from 6-12 in (15-30.5 cm) and string lengths from 600-10,500 ft
(183-3,200 m), depending on the target species. Large mesh (10-14 in
[25-35.6 cm]) sink gillnets, either tied down or set upright without
floats using a polyfoam core floatline, are used when targeting
monkfish. The fishery operates from the U.S.-Canada border to Long
Island, NY, at 72[deg] 30'W. long. south to 36[deg] 33.03'N. lat.
(corresponding with the Virginia/North Carolina border) and east to the
eastern edge of the EEZ, including the Gulf of Maine, Georges Bank, and
Southern New England, and excluding Long Island Sound or other waters
where gillnet fisheries are listed as Category III. Fishing effort
occurs year-round, peaking from May to July primarily on continental
shelf regions in depths from 30-750 ft (9-228.6 m), with some nets
deeper than 800 ft (244 m).
This fishery is managed by the Northeast Multispecies (Groundfish)
FMP. This fishery is also managed by the Atlantic Large Whale Take
Reduction Plan (ALWTRP) and the
[[Page 35401]]
Harbor Porpoise Take Reduction Plan (HPTRP) to reduce the risk of
entanglement of right, humpback, and fin whales, and harbor porpoises,
respectively. The fishery is primarily managed by Total Allowable Catch
(TAC) limits; individual trip limits (quotas); effort caps (limited
number of days at sea per vessel); time and area closures; and gear
restrictions.
Mid-Atlantic Gillnet Fishery
The Category I mid-Atlantic gillnet fishery targets monkfish, spiny
dogfish, smooth dogfish, bluefish, weakfish, menhaden, spot, croaker,
striped bass, large and small coastal sharks, Spanish mackerel, king
mackerel, American shad, black drum, skate spp., yellow perch, white
perch, herring, scup, kingfish, spotted seatrout, and butterfish. The
fishery uses drift and sink gillnets, including nets set in a sink,
stab, set, strike, or drift fashion, with some unanchored drift or sink
nets used to target specific species. The dominant material is
monofilament twine with stretched mesh sizes from 2.5-12 in (6.4-30.5
cm), and string lengths from 150-8,400 ft. (46-2,560 m). This fishery
operates year-round west of a line drawn at 72[deg] 30'W. long. south
to 36[deg] 33.03'N. lat. and east to the eastern edge of the EEZ and
north of the North Carolina/South Carolina border, not including waters
where Category II and Category III inshore gillnet fisheries operate in
bays, estuaries, and rivers. At this time, these Category II and
Category III fisheries include: the Chesapeake Bay inshore gillnet;
North Carolina inshore gillnet; Delaware River inshore gillnet; Long
Island Sound inshore gillnet; and Rhode Island, southern Massachusetts
(to Monomy Island), and New York Bight (Raritan and Lower New York
Bays) inshore gillnet. This fishery includes any residual large pelagic
driftnet effort in the mid-Atlantic and any shark and dogfish gillnet
effort in the mid-Atlantic zone described. The fishing effort is
prosecuted right off the beach (6 ft [1.8 m]) or in nearshore coastal
waters to offshore waters (250 ft [76 m]).
Gear in this fishery is managed by several Federal FMPs and Inter-
State FMPs managed by the Atlantic States Marine Fisheries Commission
(ASMFC), the ALWTRP, the HPTRP, and the Bottlenose Dolphin Take
Reduction Team (BDTRT). Fisheries are primarily managed by TACs;
individual trip limits (quotas); effort caps (limited number of days at
sea per vessel); time and area closures; and gear restrictions and
modifications.
Atlantic Ocean, Caribbean, Gulf of Mexico Large Pelagics Longline
Fishery
The Category I Atlantic Ocean, Caribbean, Gulf of Mexico large
pelagics longline fishery targets swordfish, yellowfin tuna, bigeye
tuna, bluefin tuna, albacore tuna, dolphin fish, wahoo, shortfin mako
shark, and a variety of other shark species. The fishery uses a
mainline of >700 lb (317.5 kg) test monofilament typically ranging from
10-45 mi (16-72 km) long. Bullet-shaped floats are suspended at regular
intervals along the mainline and long sections of gear are marked by
radio beacons. Long gangion lines of 200-400 lb (91-181 kg) test
monofilament of typically 100-200 ft (30.5-61 m) are suspended from the
mainline. Only certain sized hooks and baits are allowed based on
fishing location. Hooks are typically fished at depths between 40-120
ft (12-36.6 m). Longlines targeting tuna are typically set at dawn are
hauled near dusk, while longlines targeting swordfish are typically set
at night and hauled in the morning. Gear remains in the water typically
for 10-14 hours. Fishermen generally modify only select sections of
longline gear to target dolphin or wahoo, with the remaining gear
configured to target swordfish, tuna, and/or sharks.
This fishery operates year-round and occurs within and outside the
U.S. EEZ throughout Atlantic, Caribbean and Gulf of Mexico waters. The
fishery has historically been composed of five relatively distinct
segments with different fishing practices and strategies, including:
Gulf of Mexico yellowfin tuna fishery; South Atlantic-Florida east
coast to Cape Hatteras swordfish fishery; Mid-Atlantic and New England
swordfish and bigeye tuna fishery; U.S. distant water swordfish
fishery; and Caribbean Islands tuna and swordfish fishery. In addition
to geographical area, these segments have historically differed by
percentage of various target and non-target species, gear
characteristics, and deployment techniques.
This fishery is managed under the Consolidated Atlantic HMS FMP.
The dolphin and wahoo portions of the fishery are managed under the
South Atlantic FMP for Dolphin and Wahoo. Regulations under the MSA
address the target fish species, as well as bycatch species protected
under the ESA and/or the MMPA. A portion of this fishery is the subject
of the Pelagic Longline Take Reduction Team (PLTRT), convened in 2005.
NMFS is currently developing regulations to implement the Take
Reduction Plan.
Northeast/Mid-Atlantic American Lobster Trap/Pot Fishery
The Category I Northeast/mid-Atlantic American lobster trap/pot
fishery targets American lobster primarily with traps, while 2-3
percent of the target species is taken by mobile gear (trawls and
dredges). The fishery operates in inshore and offshore waters from
Maine to New Jersey and may extend as far south as Cape Hatteras.
Approximately 80 percent of American lobster are harvested from state
waters; therefore, the ASMFC has a primary regulatory role. The EEZ
portion of the fishery operates under regulations from the Federal
American Lobster FMP. Both the EEZ and state fishery are operating
under Federal regulations from the ALWTRP.
Northeast Anchored Float Gillnet Fishery
The Category II Northeast anchored float gillnet fishery targets
mackerel, herring (particularly for bait), shad, and menhaden using
gillnet gear of any size anchored and fished in the upper two-thirds of
the water column. The fishery operates from the U.S.-Canada border to
Long Island, NY, at 72[deg] 30'W. long south to 36[deg] 33.03'N. lat.
and east to the eastern edge of the EEZ, not including Long Island
Sound or other waters where gillnet fisheries are listed as Category
III. The fishery is managed under the Interstate FMPs for Atlantic
Menhaden and Shad. A total closure of the American shad ocean intercept
fishery was fully implemented in January, 2005.
Northeast Drift Gillnet Fishery
The Category II Northeast drift gillnet fishery targets species
other than large pelagics, including shad, herring, mackerel, and
menhaden. This fishery uses drift gillnet gear, which is gillnet gear
not anchored to the bottom and is free-floating on both ends or free-
flowing at one end and attached to the vessel at the other end. Mesh
sizes are likely less than those used to target large pelagics. The
fishery includes any residual large pelagic driftnet effort in New
England and occurs at any depth in the water column from the U.S.-
Canada border to Long Island, NY, at 72[deg] 30'W. long. south to
36[deg] 33.03 N. lat. and east to the eastern edge of the EEZ. The
fishery is managed under the Interstate FMPs for Atlantic Menhaden and
Shad. A total closure of the American shad ocean intercept fishery was
fully implemented in January, 2005.
Chesapeake Bay Inshore Gillnet Fishery
The Category II Chesapeake Bay inshore gillnet fishery targets
menhaden
[[Page 35402]]
and croaker using gillnet gear with mesh sizes ranging from 2.75-5 in
(7-12.7 cm), depending on the target species. The fishery operates
between the Chesapeake Bay/Bridge Tunnel and the mainland. The fishery
is managed under the Interstate FMPs for Atlantic Menhaden and Atlantic
Croaker.
Northeast Mid-Water Trawl (Including Pair Trawl) Fishery
The Category II Northeast mid-water trawl fisher targets Atlantic
herring with bycatch of several finfish species, predominantly
mackerel, spiny dogfish, and silver hake. This fishery uses primarily
mid-water (pelagic) trawls (single and paired), which is trawl gear
designed, capable, or used to fish for pelagic species with no portion
designed to be operated in contact with the bottom. The fishery occurs
primarily in Maine State waters, Jeffrey's Ledge, southern New England,
and Georges Bank during the winter months when the target species
continues its southerly migration from the Gulf of Maine/Georges Bank,
into mid-Atlantic waters. The fishery is managed jointly by the Mid-
Atlantic Fishery Management Council and the ASMFC as a migratory stock
complex.
Mid-Atlantic Flynet Fishery
The following definition is proposed in the 2008 LOF. For the
existing 2007 definition, see ``Fishery Name and Organization Changes
and Clarifications'' for Atlantic, Gulf of Mexico and Caribbean
fisheries below.
The Category II mid-Atlantic flynet fishery is a multispecies
fishery composed of nearshore and offshore components that operate
along the eastern coast of the mid-Atlantic United States. Flynets are
high profile trawls similar to bottom otter trawls. These nets
typically range from 80-120 ft (24-36.6 m) in headrope length, with
wing mesh sizes of 16-64 in (41-163 cm), following a slow 3:1 taper to
smaller mesh sizes in the body, extension, and codend sections of the
net. The nearshore fishery operates from October to April inside of 30
fathoms (180 ft; 55 m) from North Carolina to New Jersey. This
nearshore fishery targets Atlantic croaker, weakfish, butterfish,
harvestfish, bluefish, menhaden, striped bass, kingfishes, and other
finfish species. Flynet fishing is no longer permitted south of Cape
Hatteras in order to protect weakfish stocks. The offshore component
operates from November to April outside of 30 fathoms (180 ft; 55 m)
from the Hudson Canyon off New York, south to Hatteras Canyon off North
Carolina. These deeper water fisheries target bluefish, Atlantic
mackerel, Loligo squid, black sea bass, and scup (72 FR 7382, February
15, 2007). Illex Squid are also targeted offshore (70-200 fathoms [420-
1,200 ft; 128-366 m]) during summer months from May to September.
Northeast Bottom Trawl Fishery
The Category II Northeast bottom trawl fishery uses bottom trawl
gear to target species included in the NE Multispecies FMP, Summer
Flounder FMP, and Scup and Seabass FMP, including, but not limited to:
Atlantic cod, haddock, pollock, yellowtail flounder, winter flounder,
witch flounder, American plaice, Atlantic halibut, redfish, windowpane
flounder, summer flounder, spiny dogfish, monkfish, silver hake, red
hake, white hake, ocean pout, and skate spp. The fishery operates year-
round, with a peak from May to July, from the Maine-Canada border
through waters east of 72[deg] 30'W. long., primarily on the
continental shelf and throughout the Gulf of Maine, Georges Bank, and
Southern New England. The fishery is primarily managed by TACs,
individual trip limits (quotas), effort caps (limited number of days at
sea per vessel), time and area closures, and gear restrictions.
Virginia Pound Net Fishery
The Category II Virginia pound net fishery targets weakfish, spot,
and croaker using stationary gear in nearshore coastal and estuarine
waters off Virginia. Pound net gear includes a large mesh lead posted
perpendicular to the shoreline and extending outward to the corral, or
``heart,'' where the catch accumulates. This fishery includes all pound
net effort in Virginia State waters, including waters inside the
Chesapeake Bay. The fishery is managed under Interstate FMPs for
Atlantic Croaker and Spot, and is subject to BDTRP implementing
regulations.
Atlantic Mixed Species Trap/Pot Fishery
The Category II Atlantic mixed species trap/pot fishery's targets
species including, but not limited to, hagfish, shrimp, conch/whelk,
red crab, Jonah crab, rock crab, black sea bass, scup, tautog, cod,
haddock, Pollock, redfish (ocean perch) white hake, spot, skate,
catfish, stone crab, and American eel. The fishery includes all trap/
pot operations for species other than American lobster and blue crab
from the Maine-Canada border south through the waters east of the
fishery management demarcation line between the Atlantic Ocean and the
Gulf of Mexico (50 CFR 600.105), but does not include the following
Category I, II, and III trap/pot fisheries: Northeast/Mid-Atlantic
American lobster trap/pot; Atlantic blue crab trap/pot; Florida spiny
lobster trap/ pot; Southeastern U.S. Atlantic, Gulf of Mexico stone
crab trap/pot; U.S. Mid-Atlantic eel trap/pot fisheries; and the
Southeastern U.S. Atlantic, Gulf of Mexico golden crab fishery (68 FR
1421, January 10, 2003). The fishery is managed under various
Interstate FMPs.
Atlantic Blue Crab Trap/Pot Fishery
The Category II Atlantic blue crab trap/pot fishery targets blue
crab using pots baited with fish or poultry typically set in rows in
shallow water. The pot position is marked by either a floating or
sinking buoy line attached to a surface buoy. The fishery occurs year-
round from the south shore of Long Island at 72[deg] 30'W. long. in the
Atlantic and east of the fishery management demarcation line between
the Atlantic Ocean and the Gulf of Mexico (50 CFR 600.105), including
state waters. The fishery is managed under state FMPs, and is subject
to BDTRP and ALWTRP implementing regulations.
Mid-Atlantic Bottom Trawl Fishery
The Category II mid-Atlantic bottom trawl fishery uses bottom trawl
gear to target species including, but not limited to, bluefish,
croaker, monkfish, summer flounder (fluke), winter flounder, silver
hake (whiting), spiny dogfish, smooth dogfish, scup, and black sea
bass. The fishery occurs year-round from Cape Cod, MA, to Cape
Hatteras, NC, in waters west of 72[deg] 30'W. long. and north of a line
extending due east from the North Carolina/South Carolina border. The
gear is managed by several state and Federal FMPs that range from
Massachusetts to North Carolina.
Mid-Atlantic Mid-Water Trawl (Including Pair Trawl) Fishery
The Category II mid-Atlantic mid-water trawl fishery targets
Atlantic mackerel, Loligo squid, Illex squid, and Atlantic butterfish
using mainly mid-trawl gear, with some bottom trawls. The fishery is
dominated by small-mesh otter trawls, but Loligo squid are also taken
by inshore pound nets and fish traps in spring and summer. The fishery
for Illex occurs offshore, mainly in continental shelf and slope waters
during summer months (June to September), from southern New England to
Cape Hatteras, NC. The fishery for Loligo occurs mostly offshore near
the edge of the continental shelf during fall and winter months
(October to March), and inshore during spring and summer (April to
September) in southern New England and mid-Atlantic waters. The fishery
for Atlantic
[[Page 35403]]
mackerel occurs primarily in southern New England and the mid-Atlantic
from January to March, and in the Gulf of Maine during summer and fall
(May to December). Atlantic butterfish are mainly caught as bycatch in
the directed squid and mackerel fisheries due to their northerly
inshore migration in summer months and southerly offshore migration in
winter months. The fishery is managed by the Federal Squid, Mackerel,
Butterfish FMP. The Illex and Loligo fisheries are managed by
moratorium permits, gear and area restrictions, quotas, and trip
limits. The Atlantic mackerel and Atlantic butterfish fisheries are
managed by an annual quota system.
Mid-Atlantic Haul/Beach Seine Fishery
The Category II mid-Atlantic haul/beach seine fishery targets
striped bass, mullet, spot, weakfish, sea trout, bluefish, kingfish,
and harvestfish using seines with one end secured (e.g., swipe nets and
long seines) and seines secured at both ends or those anchored to the
beach and hauled up on the beach. The beach seine system also uses a
bunt and a wash net that are attached to the beach and extend into the
surf. The beach seines soak for less than 2 hours. The fishery occurs
in waters west of 72[deg] 30'W. long. and north of a line extending due
east from the North Carolina-South Carolina border. Fishing on the
Outer Banks, NC, occurs primarily in the spring (April to June) and
fall (October to December). The fishery is managed under the Interstate
FMPs for Bluefish and for Atlantic Striped Bass of the Atlantic Coast
from Maine through North Carolina, and is subject to BDTRP implementing
regulations.
Mid-Atlantic Menhaden Purse Seine Fishery
The Category II mid-Atlantic menhaden purse seine fishery targets
menhaden and thread herring using purse seine gear. Most sets occur
within 3 mi (4.8 km) of shore with the majority of the effort occurring
off North Carolina from November to January, and moving northward
during warmer months to southern New England. The fishery is managed
under the Interstate FMP for Atlantic Menhaden.
Southeastern U.S. Atlantic Shark Gillnet Fishery
The Category II Southeastern U.S. Atlantic shark gillnet fishery
targets large and small coastal sharks (blacktip, blacknose, finetooth,
bonnethead, and sharpnose) using gillnets set in a sink, stab, set,
strike, or drift fashion. Mesh size is typically greater than 5 in (13
cm), but may be as small as 2.87 in (7.3 cm) when targeting small
coastal sharks. Drift gillnets most commonly use a mesh size of 5 in
(13 cm) and average 10.2 hours from setting the gear through completion
of haulback; sink gillnets most frequently use a mesh size of 7 in (18
cm) soaking for approximately 2.7 hours; and strike gillnets use the
largest mesh size of 9 in (23 cm) soaking for approximately 0.8 hours.
This fishery has traditionally operated in coastal waters off Florida
and Georgia.
This fishery is managed under the Consolidated Atlantic HMS FMP,
the ALWTRP, and the BDTRP, and is subject to ESA biological opinion
requirements. Regulations implemented under the MSA address managed
target species, as well as bycatch species, including some protected
under the ESA and MMPA (e.g., sea turtles, smalltooth sawfish, and
right whales). Under the ALWTRP, various restrictions are in place
during right whale calving season from November 15 through April 15.
Southeast Atlantic Gillnet Fishery
The Category II Southeast Atlantic gillnet fishery targets finfish
including, but not limited to, king mackerel, Spanish mackerel,
whiting, bluefish, pompano, spot, croaker, little tunny, bonita, jack
crevalle, cobia, and striped mullet. This fishery does not include
gillnet effort targeting sharks as part of the ``Southeastern U.S.
Atlantic shark gillnet'' fishery. This fishery uses gillnets set in
sink, stab, set, or strike fashion. The fishery operates in waters
south of a line extending due east from the North Carolina-South
Carolina border and south and east of the fishery management council
demarcation line between the Atlantic Ocean and the Gulf of Mexico. The
majority of fishing effort occurs in Federal waters since South
Carolina, Georgia, and Florida prohibit the use of gillnets, with
limited exceptions, in state waters.
Fishing for king mackerel, Spanish mackerel, cobia, cero, and
little tunny in Federal waters is managed under the Coastal Migratory
Pelagic Resources (CMPR) FMP. None of the other target species are
Federally managed under the MSA. In state waters, state and ASMFC
Interstate FMPs apply. The fishery is also subject to BDTRP
implementing regulations.
North Carolina Inshore Gillnet Fishery
The Category II North Carolina inshore gillnet fishery targets
species including, but not limited to, southern flounder, weakfish,
bluefish, Atlantic croaker, striped mullet, spotted seatrout, Spanish
mackerel, striped bass, spot, red drum, black drum, and shad. This
fishery includes any fishing effort using any type of gillnet gear,
including set (float and sink), drift, and runaround gillnet for any
target species inshore of the COLREGS lines in North Carolina. This
fishery is managed under state and ASMFC interstate FMPs, applying net
and mesh size regulations, and seasonal area closures in the Pamlico
Sound Gillnet Restricted Area (PSGNRA). This fishery is subject to
BDTRP implementing regulations.
Gulf of Mexico Gillnet Fishery
The Category II Gulf of Mexico gillnet fishery targets a wide
variety of target species, including, but not limited to: black drum,
sheepshead, weakfish, mullet, spot, croaker, king mackerel, Spanish
mackerel, Florida pompano, flounder shark, menhaden, bluefish, blue
runner, ladyfish, spotted seatrout, croaker, kingfish, and red drum.
This fishery operates year-round using any type of gillnet, including
strike and straight gillnets, in waters north of the U.S.-Mexico border
and west of the fishery management council demarcation line between the
Atlantic Ocean and the Gulf of Mexico. Gillnet gear is prohibited in
Texas and Florida State waters, but fixed and runaround gillnets are
currently used in Louisiana, Mississippi, and Alabama, with highly
variable fishing effort.
Fishing for king mackerel, Spanish mackerel, cobia, cero, little
tunny, dolphin, and bluefish are managed under the CMPR FMP. In the
Gulf of Mexico, CMPR FMP species are the only Federally managed species
for which gillnet gear is authorized, and only run-around gillnetting
for these species is allowed. In state waters, state and Gulf States
Marine Fisheries Commission (GSMFC) Interstate FMPs apply.
North Carolina Long Haul Seine Fishery
The Category II North Carolina long haul seine fishery targets
species including, but not limited to, weakfish, spot, croaker,
menhaden, bluefish, spotted seatrout, and hogfish using multi-filament
seines consisting of a 1,000-2,000 yard (3,000-6,000 ft) net pulled by
two boats for 1-2 nmi (2-4 km). Fish are encircled and concentrated by
pulling the net around a fixed stake. The fishery includes fishing with
long haul seine gear to target any species in waters off North
Carolina, including estuarine waters in Pamlico and Core Sounds and
their tributaries. The fishery occurs from February to November, with
peak effort occurring from June to October. The fishery is managed
under ASMFC interstate FMPs and the BDTRP.
[[Page 35404]]
North Carolina Roe Mullet Stop Net Fishery
The Category II North Carolina roe mullet stop net fishery targets
striped mullet from October to November using a stationary, multi-
filament anchored net extended perpendicular to the beach. Once the
catch accumulates near the end of the stop net, a beach haul seine is
used to capture fish and bring them ashore. The stop net is
traditionally left in the water for 1-5 days, but can be left as long
as 15 days. This fishery is unique to Bogue Banks, NC. This fishery is
managed under the NC Striped Mullet FMP and the BDTRP.
Gulf of Mexico Menhaden Purse Seine Fishery
The Category II Gulf of Mexico menhaden purse seine fishery targets
menhaden and thread herring using purse seine gear in bays, sounds, and
nearshore coastal waters along the Gulf of Mexico coast. The majority
of the fishing effort is concentrated off Louisiana and Mississippi,
with lesser effort in Alabama and Texas State waters. Florida prohibits
the use of purse seines in state waters. The fishery is managed under
the GSMFC Interstate Gulf Menhaden FMP.
Summary of Changes to the LOF for 2008
The following summarizes changes to the LOF for 2008 in fishery
classification, fisheries listed in the LOF, the number of participants
in a particular fishery, and the species and/or stocks that are
incidentally killed or seriously injured in a particular fishery. The
classifications and definitions of U.S. commercial fisheries for 2008
are identical to those provided in the LOF for 2007 with the following
exceptions.
Commercial Fisheries in the Pacific Ocean
Fishery Classification
NMFS proposes to elevate the ``CA yellowtail, barracuda, and white
seabass drift gillnet (mesh size >3.5 inches and <14 inches)'' fishery
(proposed to be changed to ``CA yellowtail, barracuda, and white
seabass drift gillnet (mesh size [gteqt]3.5 inches and < 14 inches)''
fishery in this proposed rule) from a Category II fishery to a Category
I fishery based upon observer documented interactions with the CA stock
of long-beaked common dolphins in 2003 and 2004. The estimated annual
mortality of long-beaked common dolphins in this fishery is 9 dolphins.
The PBR for the CA stock of long-beaked common dolphin is 11 animals
(draft U.S. Pacific SAR for 2007). Therefore, the estimated annual
serious injury and mortality in this fishery is approximately 82
percent of the stock's PBR. Category I classification is necessary
because the mean serious injury and mortality of the CA stock of long-
beaked common dolphins in this fishery exceeds 50 percent of its PBR.
NMFS also proposes to remove the superscript ``\2\'' (i.e., a Category
II fishery classification based on analogy with another fishery) from
this fishery and add a superscript ``\1\'' (which represents which
stocks are driving a fishery's classification) after long-beaked common
dolphin in Table 1, as bycatch of the CA stock of long-beaked common
dolphin is driving the proposed reclassification to Category I.
Removal of Fisheries from the LOF
NMFS proposes to remove the Category II ``OR blue shark floating
longline'' fishery and the Category II ``OR swordfish floating
longline'' fishery from the LOF. The Pacific HMS FMP regulations (50
CFR 660.712(a)) and ESA regulations (50 CFR 223.206(d)(9)) prohibit the
use of longline gear to target HMS species in the U.S. Pacific EEZ and
prohibit the use of shallow-set longline gear outside the U.S. Pacific
EEZ. As a result, the State of Oregon is no longer issuing
developmental permits for these fisheries.
Fishery Name and Organizational Changes and Clarifications
NMFS proposes to modify the name of the Category III ``CA set and
drift gillnet fisheries that use a stretched mesh size of 3.5 in or
less'' to the ``CA set gillnet fishery (mesh size < 3.5 inches)''. This
definition better describes the fishery and is consistent with the
California Fish and Game Code regulating state commercial fisheries in
marine waters.
NMFS proposes to modify the name of the Category II (proposed for
elevation to a Category I in this proposed rule) ``CA yellowtail,
barracuda, and white seabass drift gillnet (mesh size >3.5 inches and
< 14 inches)'' fishery to ``CA yellowtail, barracuda, and white seabass
drift gillnet (mesh size [gteqt]3.5 inches and < 14 inches)'' fishery.
This change is consistent with the minimum mesh size allowed in this
fishery, 3.5 in (8.9 cm), as defined in California's Fish and Game
Code.
NMFS received comments on the 2007 LOF regarding take of humpback
and gray whales in Category III trap/pot fisheries on the Pacific
Coast, which prompted NMFS to review the various west coast pot and
trap fisheries. Reports to the Marine Mammal Stranding Network in the
Pacific Northwest (OR and WA) indicate that gray whale entanglements in
commercial crab gear occurs in both states; however, no takes of
humpback whales in crab gear have been reported in the Northwest Region
from 2001 to present. The 2005 Alaska SAR for the Eastern North Pacific
stock of gray whale estimated the total fisheries incidental serious
injury and mortality for this stock at less than 10 percent of the
stock's PBR level. The crab fisheries in Oregon and Washington are both
state regulated limited entry fisheries and both states have recently
enacted regulations to reduce and limit the number of pots used by
fishery participants. NMFS anticipates that incidental serious injury
and mortality of gray and humpback whales in OR and WA crab fisheries
is unlikely to increase; therefore, NMFS is not recommending
reclassification of the crab pot fishery at this time. NMFS will
continue to analyze information from the remaining pot fisheries along
the west coast for potential recategorization of certain west coast
trap/pot fisheries in future LOFs.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels or persons
in the Category III ``CA abalone'' fishery from 111 to zero. The State
of California closed the commercial abalone fishery in 1997 due to
declines in all five species of abalone. The State of California is
currently involved in a fishery development process that may allow a
limited red abalone fishery at San Miguel Island, CA. NMFS will
continue to monitor this fishery and update the LOF as appropriate.
NMFS proposes to update the estimated number of vessels or persons
in the Category III ``CA set and drift gillnet fisheries that use a
stretched mesh size of 3.5 in or less'' (proposed to be changed to the
``CA set gillnet (mesh size < 3.5 inches)'' fishery in this proposed
rule) from 341 to 304, based upon the number of permits issued in the
herring fishery and the number of vessels that use this gear to target
other fish species. The number of active vessels in this fishery varies
yearly.
NMFS proposes to update the estimated number of vessels or persons
in the Category II ``CA anchovy, mackerel, and sardine purse seine''
fishery from 100 to 63.
NMFS proposes to update the estimated number of vessels or persons
in the Category II ``CA squid purse seine'' fishery from 65 to 71.
NMFS proposes to update the estimated number of vessels or persons
[[Page 35405]]
in the Category III ``Hawaii inshore gillnet'' fishery from 35 to 5.
List of Species That are Incidentally Injured or Killed
NMFS proposes to add the Hawaiian stocks of striped dolphin and
Bryde's whale to the list of marine mammal species and stocks
incidentally injured or killed in the ``Hawaii swordfish, tuna,
billfish, mahi mahi, wahoo, oceanic sharks longline/set line'' fishery
based on observed serious injury and mortalities in the HI-based
longline fishery. A Bryde's whale was observed injured in 2005 and a
striped dolphin was observed killed in 2006.
NMFS proposes to remove the Gulf of Alaska, Aleutian Islands, and
Bering Sea transient stock of killer whales from the Category II ``AK
Bering Sea and Aleutian Islands Pacific cod longline'' fishery and the
Category III ``AK Bering Sea and Aleutian Islands Greenland turbot
longline'' fishery. Genetic analyses of tissue samples collected by
observers over the past few years have indicated that the mortalities
incidental to these two fisheries were resident killer whales (2006
Final SARs [72 FR 12774, March 19, 2007]). Genetic analyses indicated
that the mortalities incidental to the ``Bering Sea and Aleutian
Islands pollack trawl'' fishery were transient killer whales (2006
Final SARs [72 FR 12774, March 19, 2007]). Therefore, the transient
stock of killer whales remains on the list of species or stocks
incidentally killed or injured in the pollack trawl fishery.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Addition of Fisheries to the LOF
NMFS proposes to add the ``Georgia cannonball jellyfish trawl''
fishery as a Category III fishery. This is an experimental mid-water
trawl fishery targeting cannonball jellyfish and operating in state and
Federal waters off of Georgia between February and April. Participation
in this fishery requires a permit and the use of a turtle excluder
device (TED). Eight vessels were issued permits each year between 2004-
2006. However, the number of active vessels decreased from 8 in 2004 to
1 in 2006, and the Georgia Department of Natural Resources (DNR)
expects participation in this experimental fishery to remain low. The
Georgia DNR conducts bycatch assessments in experimental fisheries
permitted by the state. Less than 5 percent of the fishery has been
assessed for the last several years combined. No marine mammal species
or stocks have been observed incidentally seriously injured or killed
in this fishery (Pers. Comm., Julie Califf, Georgia DNR; Atlantic
States Marine Fisheries Commission, 2006).
Removal of Fisheries from the LOF
NMFS proposes to remove the Category III ``U.S.-mid Atlantic hand
seine'' fishery from the LOF. This fishery was added to the LOF in 1996
based on historical information and was placed in Category III by
analogy to other hand seine fisheries (60 FR 31681, June 16, 1995). No
marine mammal stocks have been documented as seriously injured or
killed in this fishery. No new information on this fishery has been
identified since its addition in 1996, and therefore NMFS proposed to
remove it from the LOF.
Fishery Name and Organizational Changes and Clarifications
Southeast Atlantic Gillnet Fishery
NMFS proposes to remove shad from the list of target species
associated with the Category II ``Southeast Atlantic gillnet'' fishery.
A total closure of the ocean intercept fishery for American shad was
implemented January 1, 2005, under Amendment 1 to the Interstate FMP
for Shad and River Herring. Remaining gillnet effort targeting shad and
river herring in inshore rivers and bays is included in the Category
III ``Southeast Atlantic inshore gillnet'' fishery.
Mid-Atlantic Gillnet Fishery
NMFS proposes to clarify the boundaries and excluded fisheries in
the Category I ``mid-Atlantic gillnet'' fishery. Currently, the
boundaries for the mid-Atlantic gillnet fishery are defined as
including ``fishing for any target species using any type of gillnet
gear west of a line drawn at 72[deg] 30'W. long. south to 36[deg]
33.03'N. lat. and east to the eastern edge of the EEZ and north of the
North Carolina-South Carolina border'' (71 FR 70346, December 4, 2006).
NMFS proposes to clarify this boundary definition through the addition
of the following language, ``North Carolina-South Carolina border, but
not including waters where gillnet fisheries are listed as Category II
and Category III. At this time, these Category II and Category III
fisheries include: the Chesapeake Bay inshore gillnet; North Carolina
inshore gillnet; Delaware River inshore gillnet; Long Island Sound
inshore gillnet; and Rhode Island, southern Massachusetts (to Monomy
Island), and New York Bight (Raritan and Lower New York Bays) inshore
gillnet''.
Atlantic Mixed Species Trap/Pot Fishery
NMFS proposes to clarify the boundaries and excluded fisheries in
the Category II ``Atlantic mixed species trap/pot'' fishery. Currently,
the boundaries are defined as extending throughout the U.S. Atlantic
waters from Maine to Florida (68 FR 1420, January 10, 2003). NMFS
proposes to clarify this boundary definition, as well as those
fisheries not included in the definition, by adding the following,
``The Atlantic mixed species trap/pot fishery (Category II) includes
all trap/pot operations for species from the Maine-Canada border down
through the waters east of the fishery management demarcation line
between the Atlantic Ocean and the Gulf of Mexico (50 CFR 600.105), but
does not include the following Category I, II, and III trap/pot
fisheries: Northeast/Mid-Atlantic American lobster trap/pot; Atlantic
blue crab trap/pot; Florida spiny lobster trap/ pot; Southeastern U.S.
Atlantic, Gulf of Mexico stone crab trap/pot; U.S. Mid-Atlantic eel
trap/pot fisheries; and the Southeastern U.S. Atlantic, Gulf of Mexico
golden crab fishery (68 FR 1421, January 10, 2003)''.
NMFS also proposes to expand the list of fish species targeted by
the Category II ``Atlantic mixed species trap/pot'' fishery. NMFS added
this Category II fishery to the 2003 LOF to encompass the ``Northeast
trap/pot'', the ``mid-Atlantic mixed species trap/pot'', the ``U.S.
mid-Atlantic and Southeast U.S. Atlantic black sea bass trap/pot''
fisheries and any other trap/pot fisheries otherwise not identified in
the LOF, based on the use of similar gear and the potential for marine
mammal entanglements. In the final 2007 LOF (72 FR 14474, March 28,
2007), NMFS expanded the target fish species in the Atlantic mixed
species trap/pot fishery to include, but not be limited to: hagfish,
shrimp, conch/whelk, red crab, Jonah crab, rock crab, black sea bass,
scup, tautog, cod, haddock, pollock, redfish (ocean perch), white hake,
spot, skate, catfish and American eel (not included in the LOF's ``U.S.
Mid-Atlantic eel trap/pot'' fishery description). NMFS has recently
become aware that this fishery is targeting an additional species,
cunner. Therefore, NMFS proposes to expand the list of species
associated with this fishery to also include cunner.
Mid-Atlantic Flynet Fishery
NMFS believes that at this time, changes to the current Category II
``mid-Atlantic flynet'' fishery definition are warranted for
maintaining consistency
[[Page 35406]]
with the North Carolina definitions of the ``flynet fishery'' and other
Federal definitions for this fishery (CFR 50 CFR 697.2; 72 FR 7382,
February 15, 2007). NMFS proposes to clarify this fishery definition by
replacing the current definition provided in the LOF in 2007 (71 FR
70345, December 4, 2006) with the following language: ``The flynet
fishery is a multispecies fishery composed of nearshore and offshore
components that operate along the eastern coast of the mid-Atlantic
United States. Flynets are high profile trawls similar to bottom otter
trawls. These nets typically range from 80-120 ft (24-36.6 m) in
headrope length, with wing mesh sizes of 16-64 in (41-163 cm),
following a slow 3:1 taper to smaller mesh sizes in the body,
extension, and codend sections of the net. The nearshore fishery
operates from October to April inside of 30 fathoms (180 ft-55 m) from
North Carolina to New Jersey. This nearshore fishery targets Atlantic
croaker, weakfish, butterfish, harvestfish, bluefish, menhaden, striped
bass, kingfishes, and other finfish species. Flynet fishing is no
longer permitted south of Cape Hatteras in order to protect weakfish
stocks. The offshore component operates from November to April outside
of 30 fathoms (180 ft; 55 m) from the Hudson Canyon off New York, south
to Hatteras Canyon off North Carolina. These deeper water fisheries
target bluefish, Atlantic mackerel, Loligo squid, black sea bass, and
scup (72 FR 7382, February 15, 2007). Illex squid are also targeted
offshore (70-200 fathoms [420-1,200 ft; 128-366 m]) during summer
months from May to September.''
NMFS acknowledges that concerns have been raised over the possible
colloquial nature of this fishery and will continue working with mid-
Atlantic states and NMFS regional Fisheries Science Centers to resolve
these concerns. Through this proposed 2008 LOF, NMFS also solicits
additional public comments, or information, concerning characteristics
associated with the ``Flynet Fishery'' from New Jersey to North
Carolina.
List of Species That are Incidentally Seriously Injured or Killed
NMFS proposes to add the Northern Gulf of Mexico continental shelf
and Eastern Gulf of Mexico coastal stocks of bottlenose dolphins to the
list of marine mammal species and stocks incidentally injured or killed
in the ``Southeastern U.S. Atlantic, Gulf of Mexico, shark bottom
longline/hook-and-line'' fishery. Three interactions with bottlenose
dolphins have been documented through the Commercial Shark Fishery
Observer Program, which monitored the fishery between 1994 and 2004.
Two of the interactions involved ``hooked'' dolphins released alive
(1999 and 2002), and one interaction resulted in a mortality (2003)
[Pers. Comm., G. Burgess and A. Morgan; Burgess and Morgan, 2003A;
Burgess and Morgan, 2003B). Based on the spatial information provided
by the observer program, NMFS determined that the dolphins were likely
part of the Gulf of Mexico coastal and continental shelf stocks.
Although bycatch estimates for the shark bottom longline fishery have
not been extrapolated for marine mammal stocks, NMFS believes that
interactions with bottlenose dolphins are rare. This fishery is
currently observed with an annual target of 3.9 percent coverage. No
bottlenose dolphins have been observed injured or killed within the
last five years. However, the fishery still operates in the same
general areas and uses the same type of gear; therefore, NMFS believes
the fishery continues to present a low level of risk for interactions.
NMFS proposes to change the name of the bottlenose dolphin stocks
incidentally seriously injured or killed in the ``Atlantic Ocean,
Caribbean, Gulf of Mexico large pelagics longline'' and ``Gulf of
Mexico butterfish trawl'' fisheries from ``Bottlenose dolphin, Northern
Gulf of Mexico outer continental shelf'' to ``Bottlenose dolphin,
Northern Gulf of Mexico oceanic'', and from ``Bottlenose dolphin,
Northern Gulf of Mexico continental shelf edge and slope'' to
``Bottlenose dolphin, Northern Gulf of Mexico continental shelf''. The
names of these stocks were changed in the 2003 and 2005 SARs and the
LOF should have also been updated at that time. This proposal corrects
that oversight.
NMFS proposes to change the name of the humpback whale stock
incidentally killed/injured from ``Western North Atlantic (WNA)'' to
``Gulf of Maine'' for the ``Northeast sink gillnet'' (Category I),
``Northeast/mid-Atlantic American lobster trap/pot'' (Category I),
``Northeast anchored float gillnet'' (Category II), and ``Gulf of
Maine, U.S. mid-Atlantic tuna, shark, swordfish hook-and-line/harpoon''
(Category III) fisheries to reflect the interactions taking place
between these fisheries and humpback whales from the Gulf of Maine
feeding stock. During 2002, the Gulf of Maine stock was classified as a
separate feeding stock based on research conducted along the Nova
Scotian Shelf that showed a strong fidelity by individual whales to
this region. The reclassification was based on the assumption that,
were this subpopulation wiped out, repopulation by immigration from
adjacent areas would not occur on any reasonable timescale (U.S.
Atlantic and Gulf of Mexico Stock Assessments, 2005; 71 FR 26340, May
4, 2006). Subsequent support included genetic analyses conducted by
Pasb l et al. in 1995. During the Comprehensive Assessment of North
Atlantic Humpback Whales, the International Whaling Commission also
acknowledged that evidence existed for treating the Gulf of Maine as a
separate stock for the purpose of management (IWC 2002).
List of Fisheries
The following two tables list U.S. commercial fisheries according
to their assigned categories under section 118 of the MMPA. The
estimated number of vessels/participants is expressed in terms of the
number of active participants in the fishery, when possible. If this
information is not available, the estimated number of vessels or
persons licensed for a particular fishery is provided. If no recent
information is available on the number of participants in a fishery,
the number from the most recent LOF is used.
The tables also list the marine mammal species and stocks
incidentally killed or injured in each fishery based on observer data,
logbook data, stranding reports, and fisher reports. This list includes
all species or stocks known to experience mortality or injury in a
given fishery, but also includes species or stocks for which there are
anecdotal records of interaction. Additionally, species identified by
logbook entries may not be verified. Bycatch of species or stocks
identified is not necessarily driving a fishery's classification in a
given Category. NMFS has designated those stocks driving a fishery's
classification (i.e., the fishery is classified based on serious
injuries and mortalities of a marine mammal stock greater than 50
percent [Category I], or greater than 1 percent and less than 50
percent [Category II], of a stock's PBR) by a ``1'' after the stock's
name.
There are several fisheries classified in Category II that have no
recently documented interactions with marine mammals, or interactions
that did not result in a serious injury or mortality. Justification for
classifying these fisheries, which are greater than 1 percent of a
stock's PBR level, is by analogy to other gear types that are known to
cause mortality or serious injury of marine mammals, as discussed in
the final LOF for 1996 (60 FR 67063, December 28, 1995), and according
to factors listed in the definition of a
[[Page 35407]]
``Category II fishery'' in 50 CFR 229.2. NMFS has designated those
fisheries originally listed by analogy in Tables 1 and 2 by a ``2''
after the fishery's name.
Table 1 lists commercial fisheries in the Pacific Ocean (including
Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf
of Mexico, and Caribbean.
Table 1 - List of Fisheries Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Estimated
of Marine mammal species
Fishery Description vessels/ and stocks incidentally
persons killed/injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
GILLNET FISHERIES: .............. ........................
------------------------------------------------------------------------
CA angel shark/halibut and 58 California sea lion,
other species set gillnet U.S.
(>3.5 in. mesh) Harbor seal, CA
Harbor porpoise, Central
CA\1\
Long-beaked common
dolphin, CA
Northern elephant seal,
CA breeding
Sea otter, CA
Short-beaked common
dolphin, CA/OR/WA
------------------------------------------------------------------------
CA yellowtail, barracuda, and 24 California sea lion,
white seabass drift gillnet U.S.
fishery (mesh size [gteqt]3.5 Long-beaked common
inches and < 14 inches) dolphin, CA\1\
Short-beaked common
dolphin, CA/OR/WA
------------------------------------------------------------------------
CA/OR thresher shark/swordfish 85 California sea lion,
drift gillnet ([gteqt]14 in. U.S.
mesh) Dall's porpoise, CA/OR/
WA
Fin whale, CA/OR/WA
Gray whale, Eastern
North Pacific
Humpback whale, Eastern
North Pacific
Long-beaked common
dolphin, CA
Northern elephant seal,
CA breeding
Northern right-whale
dolphin, CA/OR/WA
Pacific white-sided
dolphin, CA/OR/WA
Risso's dolphin, CA/OR/
WA
Short-beaked common
dolphin, CA/OR/WA
Short-finned pilot
whale, CA/OR/WA\1\
Sperm whale, CA/OR/WA
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: .............. ........................
------------------------------------------------------------------------
HI swordfish, tuna, billfish, 140 Blainville's beaked
mahi mahi, wahoo, oceanic whale, HI
sharks longline/set line Bottlenose dolphin, HI
False killer whale,
HI\1\
Humpback whale, Central
North Pacific
Pantropical spotted
dolphin, HI
Risso's dolphin, HI
Short-finned pilot
whale, HI
Spinner dolphin, HI
Sperm whale, HI
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bristol Bay salmon drift 1,903 Beluga whale, Bristol
gillnet\2\ Bay
Gray whale, Eastern
North Pacific
Harbor seal, Bering Sea
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, North Pacific
Spotted seal, AK
Steller sea lion,
Western U.S.\1\
------------------------------------------------------------------------
AK Bristol Bay salmon set 1,014 Beluga whale, Bristol
gillnet\2\ Bay
Gray whale, Eastern
North Pacific
Harbor seal, Bering Sea
Northern fur seal,
Eastern Pacific
Spotted seal, AK
------------------------------------------------------------------------
[[Page 35408]]
AK Cook Inlet salmon set 745 Beluga whale, Cook Inlet
gillnet Dall's porpoise, AK
Harbor porpoise, GOA
Harbor seal, GOA
Humpback whale, Central
North Pacific\1\
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Cook Inlet salmon drift 576 Beluga whale, Cook Inlet
gillnet Dall's porpoise, AK
Harbor porpoise, GOA\1\
Harbor seal, GOA
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Kodiak salmon set gillnet 188 Harbor porpoise, GOA\1\
Harbor seal, GOA
Sea otter, Southwest AK
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Metlakatla/Annette Island 60 None documented
salmon drift gillnet\2\
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands 164 Dall's porpoise, AK
salmon drift gillnet\2\ Harbor porpoise, GOA
Harbor seal, GOA
Northern fur seal,
Eastern Pacific
------------------------------------------------------------------------
AK Peninsula/Aleutian Islands 116 Harbor porpoise, Bering
salmon set gillnet\2\ Sea
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon 541 Dall's porpoise, AK
drift gillnet Harbor porpoise, GOA\1\
Harbor seal, GOA
Northern fur seal,
Eastern Pacific
Pacific white-sided
dolphin, North Pacific
Sea Otter, South Central
AK
Steller sea lion,
Western U.S.\1\
------------------------------------------------------------------------
AK Southeast salmon drift 481 Dall's porpoise, AK
gillnet Harbor porpoise,
Southeast AK
Harbor seal, Southeast
AK
Humpback whale, Central
North Pacific\1\
Pacific white-sided
dolphin, North Pacific
Steller sea lion,
Eastern U.S.
------------------------------------------------------------------------
AK Yakutat salmon set 170 Gray whale, Eastern
gillnet\2\ North Pacific
Harbor seal, Southeast
AK
Humpback whale, Central
North Pacific
(Southeast AK)
------------------------------------------------------------------------
WA Puget Sound Region salmon 210 Dall's porpoise, CA/OR/
drift gillnet (includes all WA
inland waters south of US- Harbor porpoise, inland
Canada border and eastward of WA\1\
the Bonilla-Tatoosh line- Harbor seal, WA inland
Treaty Indian fishing is
excluded)
------------------------------------------------------------------------
PURSE SEINE FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Southeast salmon purse 416 Humpback whale, Central
seine North Pacific\1\
------------------------------------------------------------------------
AK Cook Inlet salmon purse 82 Humpback whale, Central
seine North Pacific\1\
------------------------------------------------------------------------
AK Kodiak salmon purse seine 370 Humpback whale, Central
North Pacific\1\
------------------------------------------------------------------------
CA anchovy, mackerel, sardine 63 Bottlenose dolphin, CA/
purse seine OR/WA offshore\1\
California sea lion,
U.S.
Harbor seal, CA
------------------------------------------------------------------------
CA squid purse seine 71 Common dolphin, unknown
Short-finned pilot
whale, CA/OR/WA\1\
------------------------------------------------------------------------
CA tuna purse seine2 10 None documented
------------------------------------------------------------------------
TRAWL FISHERIES: .............. ........................
------------------------------------------------------------------------
[[Page 35409]]
AK Bering Sea, Aleutian 26 Bearded seal, AK
Islands flatfish trawl Harbor porpoise, Bering
Sea
Harbor seal, Bering Sea
Killer whale, AK
resident\1\
Northern fur seal,
Eastern North Pacific
Spotted seal, AK
Steller sea lion,
Western U.S.\1\
Walrus, AK
------------------------------------------------------------------------
AK Bering Sea, Aleutian 120 Dall's porpoise, AK
Islands pollock trawl Harbor seal, AK
Humpback whale, Central
North Pacific\1\
Humpback whale, Western
North Pacific\1\
Killer whale, Eastern
North Pacific, GOA,
Aleutian Islands, and
Bering Sea transient\1\
Minke whale, AK
Ribbon seal, AK
Spotted seal, AK
Steller sea lion,
Western U.S.\1\
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 114 Killer whale, AK
Islands Pacific cod longline resident\1\
Ribbon seal, AK
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
CA pelagic longline\2\ 6 California sea lion,
U.S.
Risso's dolphin, CA/OR/
WA
------------------------------------------------------------------------
POT, RING NET, AND TRAP .............. ........................
FISHERIES:
------------------------------------------------------------------------
AK Bering Sea sablefish pot 6 Humpback whale, Central
North Pacific\1\
Humpback whale, Western
North Pacific\1\
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Kuskokwim, Yukon, Norton 1,922 Harbor porpoise, Bering
Sound, Kotzebue salmon Sea
gillnet
------------------------------------------------------------------------
AK miscellaneous finfish set 3 Steller sea lion,
gillnet Western U.S.
------------------------------------------------------------------------
AK Prince William Sound salmon 30 Harbor seal, GOA
set gillnet Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK roe herring and food/bait 2,034 None documented
herring gillnet
------------------------------------------------------------------------
CA set gillnet (mesh size < 3.5 304 None documented
inches)
------------------------------------------------------------------------
Hawaii inshore gillnet 5 Bottlenose dolphin, HI
Spinner dolphin, HI
------------------------------------------------------------------------
WA Grays Harbor salmon drift 24 Harbor seal, OR/WA coast
gillnet (excluding treaty
Tribal fishing)
------------------------------------------------------------------------
WA, OR herring, smelt, shad, 913 None documented
sturgeon, bottom fish,
mullet, perch, rockfish
gillnet
------------------------------------------------------------------------
WA, OR lower Columbia River 110 California sea lion,
(includes tributaries) drift U.S.
gillnet Harbor seal, OR/WA coast
------------------------------------------------------------------------
WA Willapa Bay drift gillnet 82 Harbor seal, OR/WA coast
Northern elephant seal,
CA breeding
------------------------------------------------------------------------
PURSE SEINE, BEACH SEINE, .............. ........................
ROUND HAUL AND THROW NET
FISHERIES:
------------------------------------------------------------------------
AK Metlakatla salmon purse 10 None documented
seine
------------------------------------------------------------------------
AK miscellaneous finfish beach 1 None documented
seine
------------------------------------------------------------------------
[[Page 35410]]
AK miscellaneous finfish purse 3 None documented
seine
------------------------------------------------------------------------
AK octopus/squid purse seine 2 None documented
------------------------------------------------------------------------
AK roe herring and food/bait 8 None documented
herring beach seine
------------------------------------------------------------------------
AK roe herring and food/bait 624 None documented
herring purse seine
------------------------------------------------------------------------
AK salmon beach seine 34 None documented
------------------------------------------------------------------------
AK salmon purse seine (except 953 Harbor seal, GOA
Southeast Alaska, which is in
Category II
------------------------------------------------------------------------
WA, OR sardine purse seine 42 None documented
------------------------------------------------------------------------
HI Kona crab loop net 42 None documented
------------------------------------------------------------------------
HI opelu/akule net 12 None documented
------------------------------------------------------------------------
HI inshore purse seine 23 None documented
------------------------------------------------------------------------
HI throw net, cast net 14 None documented
------------------------------------------------------------------------
WA (all species) beach seine 235 None documented
or drag seine
------------------------------------------------------------------------
WA, OR herring, smelt, squid 130 None documented
purse seine or lampara
------------------------------------------------------------------------
WA salmon purse seine 440 None documented
------------------------------------------------------------------------
WA salmon reef net 53 None documented
------------------------------------------------------------------------
DIP NET FISHERIES: .............. ........................
------------------------------------------------------------------------
CA squid dip net 115 None documented
------------------------------------------------------------------------
WA, OR smelt, herring dip net 119 None documented
------------------------------------------------------------------------
MARINE AQUACULTURE FISHERIES: .............. ........................
------------------------------------------------------------------------
CA marine shellfish unknown None documented
aquaculture
------------------------------------------------------------------------
CA salmon enhancement rearing >1 None documented
pen
------------------------------------------------------------------------
CA white seabass enhancement 13 California sea lion,
net pens U.S.
------------------------------------------------------------------------
HI offshore pen culture 2 None documented
------------------------------------------------------------------------
OR salmon ranch 1 None documented
------------------------------------------------------------------------
WA, OR salmon net pens 14 California sea lion,
U.S.
Harbor seal, WA inland
waters
------------------------------------------------------------------------
TROLL FISHERIES: .............. ........................
------------------------------------------------------------------------
AK North Pacific halibut, AK 1,530 (330 AK) None documented
bottom fish, WA, OR, CA
albacore, groundfish, bottom
fish, CA halibut non-salmonid
troll fisheries
------------------------------------------------------------------------
AK salmon troll 2,335 Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
------------------------------------------------------------------------
American Samoa tuna troll < 50 None documented
------------------------------------------------------------------------
CA/OR/WA salmon troll 4,300 None documented
------------------------------------------------------------------------
Commonwealth of the Northern 88 None documented
Mariana Islands tuna troll
------------------------------------------------------------------------
Guam tuna troll 401 None documented
------------------------------------------------------------------------
HI trolling, rod and reel 1,321 None documented
------------------------------------------------------------------------
[[Page 35411]]
LONGLINE/SET LINE FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 12 Killer whale, AK
Islands Greenland turbot resident
longline
------------------------------------------------------------------------
AK Bering Sea, Aleutian 17 None documented
Islands rockfish longline
------------------------------------------------------------------------
AK Bering Sea, Aleutian 63 None documented
Islands sablefish longline
------------------------------------------------------------------------
AK Gulf of Alaska halibut 1,302 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska Pacific cod 440 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska rockfish 421 None documented
longline
------------------------------------------------------------------------
AK Gulf of Alaska sablefish 412 Sperm whale, North
longline Pacific
Steller sea lion,
Eastern U.S.
------------------------------------------------------------------------
AK halibut longline/set line 3,079 Steller sea lion,
(State and Federal waters) Western U.S.
------------------------------------------------------------------------
AK octopus/squid longline 7 None documented
------------------------------------------------------------------------
AK state-managed waters 731 None documented
groundfish longline/setline
(including sablefish,
rockfish, and miscellaneous
finfish)
------------------------------------------------------------------------
American Samoa longline 60 None documented
------------------------------------------------------------------------
WA, OR, CA groundfish, 367 None documented
bottomfish longline/set line
------------------------------------------------------------------------
WA, OR North Pacific halibut 350 None documented
longline/set line
------------------------------------------------------------------------
TRAWL FISHERIES: .............. ........................
------------------------------------------------------------------------
AK Bering Sea, Aleutian 8 Steller sea lion,
Islands Atka mackerel trawl Western U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian 87 Harbor seal, Bering Sea
Islands Pacific cod trawl Steller sea lion,
Western U.S.
------------------------------------------------------------------------
AK Bering Sea, Aleutian 9 None documented
I