[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50778-50779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20006]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI06
Marine Mammal Authorization Program Integration of Registration
for Selected West Coast Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; expansion of integrated registration program.
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SUMMARY: NMFS is providing notice that it is increasing the number of
fisheries for which the Marine Mammal Authorization Program (MMAP)
registration is integrated with existing state and Federal fishery
licensing and permitting programs, beginning with the 2009 List of
Fisheries (LOF). NMFS is integrating MMAP registration at this time
only for specific Category I or II fisheries regulated under fishery
management plans (FMPs) administered by the Southwest Regional Office,
or fisheries under permits issued by the state of California. Fishermen
who participate in a Category I or II fishery for which registration is
not integrated with existing state or Federal permitting programs must
continue to register directly with NMFS through the MMAP.
ADDRESSES: For West Coast fisheries, registration information and
marine mammal injury/mortality reporting forms may be obtained from the
following regional office: NMFS, Southwest Region, Sustainable
Fisheries Division, Attn: Lyle Enriquez, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Patricia Lawson, Office of Protected
Resources, 301-713-2322; or Lyle Enriquez, Southwest Regional Office,
562-980-4025.
SUPPLEMENTARY INFORMATION: According to the Marine Mammal Protection
Act (MMPA), all fishermen who participate in a Category I or II fishery
listed in the annual LOF must be registered with a MMAP (section
118(c)(2)(A)). A fishery is classified on the LOF based on whether it
has frequent (Category I), occasional (Category II), or remote
(Category III) likelihood of incidental mortality and serious injury
(or bycatch) of marine mammals. The MMAP provides an authorization for
commercial fishermen which allows the incidental (i.e., non-
intentional) taking of marine mammals pursuant to the MMPA during the
course of commercial fishing operations. Participants in Category III
fisheries are not required to register with the MMAP. Fishermen
participating in any commercial fishery, regardless of category, are
required to report all incidental injuries and mortalities of marine
mammals to NMFS within 48 hours of returning from a fishing trip. For a
complete description of requirements for fishermen participating in
Category I, II, and III fisheries, please consult 50 CFR part 229,
subpart A.
Rather than requiring all participants in Category I and II
fisheries to register individually, the MMPA directs NMFS to integrate
registration with existing state or Federal fishery permitting or
licensing programs (section 118(c)(5)(A)). NMFS' goals for the
integrated registration program include ensuring consistency in
registration procedures across a greater number of fisheries,
increasing the number of registrants to better reflect the level of
participation in the fisheries, and conducting outreach to the fishing
industry with regard to MMPA requirements. Using data from existing
fishery licensing programs, the MMAP integration will reduce the
registration burden on the fishing industry while facilitating the
protection and conservation of marine mammals through increased
outreach efforts. In a licensing system that is integrated with the
MMAP, fishermen are not required to submit an MMAP registration/renewal
form or the $25 processing fee to NMFS in order to receive or renew
their MMAP Authorization Certificates.
NMFS will integrate the following fisheries that are managed under
the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq.: the Coastal Pelagics FMP (California anchovy, mackerel,
and sardine purse seine fishery) fisheries, and the Highly Migratory
Species FMP (California pelagic longline, California tuna purse seine,
and California/Oregon drift gillnet fisheries) fisheries. In order to
integrate state-managed fisheries, NMFS is obtaining fishery license-
holder information from the State of California. Category I and II
state managed fisheries that NMFS will integrate include the California
angel shark/halibut and other species set gillnet; and California squid
purse seine fisheries. NMFS will make an annual
[[Page 50779]]
data request to the state of California for permit or license-holder
information. Using this information, NMFS will mail MMAP Authorization
Certificates, marine mammal injury/mortality reporting forms, and other
program information to each permit or license-holder. Fishermen who
participate in an integrated Category I or II state fishery do not need
to take any additional action to register under the MMAP, as long as
they hold a valid state fishing permit or license for the affected
fishery. However, fishermen who participate in Category I or II state
and/or Federal fisheries not yet integrated with the MMAP registration
system (i.e., fisheries for which no Federal or state permits are
required) must contact the NMFS, Southwest Regional Office, Sustainable
Fisheries Division (see FOR FURTHER INFORMATION CONTACT), in order to
register and receive an MMAP Authorization Certificate. If a fisherman
participating in a Category I or II fishery, who expects to receive
automatic registration, does not receive an Authorization Certificate
by January 1 of each calendar year hereafter, the fisherman should
contact NMFS (see FOR FURTHER INFORMATION CONTACT) to inquire about the
status of his/her registration. Alternatively, he/she may apply for
registration directly, following the procedures in 50 CFR 229.4(b). In
any case, every fisherman fishing in a Category I or II fishery must
have an Authorization Certificate.
NMFS will work with the permit-issuing agencies in each state to
identify and attempt to limit mailing of Authorization Certificates to
only those participants in Category I and II fisheries. Some permit
systems, however, do not allow identification of fishermen using
specific gear types in a way that matches the fishery designation
referenced in the LOF. In cases where NMFS or the state permit-issuing
agency cannot confidently determine which specific fishery identified
in the LOF each fishermen participates in, based on the permit or
license information, NMFS may inadvertently issue Authorization
Certificates to fishermen participating in Category III fisheries. This
approach, which may be confusing to Category III fishermen who are not
required to be registered under the MMAP, is necessary to ensure that
fishermen who must register with the MMAP are not unintentionally
excluded from notification.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 25, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-20006 Filed 8-27-08; 8:45 am]
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