Twenty-eight fisheries were proposed for placement in category II 

 because there was some information indicating an occasional 

 incidental take or, in the absence of such information, there was 

 reason to believe that marine mammals were taken occasionally 

 based on factors such as gear type, fishing techniques, target 

 species, areas fished, or fishing season. The majority of 

 fisheries, however, were proposed for listing as category III as 

 fisheries having only a remote likelihood of taking marine 

 mammals. 



By letter of 3 March 1989, the Commission provided comments 

 on the proposed list of fisheries. The Commission expressed 

 concern that some probable category I fisheries had erroneously 

 been placed in category II because there was insufficient 

 documentary evidence from observation of these fisheries to 

 support a category I listing. It recommended that, in the 

 absence of documentary evidence, classification of these 

 fisheries be based on analogy with other category I fisheries. 

 The Commission also recommended that the Service take into 

 account local and seasonal variations in the take of marine 

 mammals and not categorize fisheries solely on the basis of a 

 fishery-wide, season-long average take rate. In addition, the 

 Commission provided specific comments on the placement of 

 particular fisheries. The final list of fisheries, with minor 

 revisions and the addition of some fisheries, was published by 

 the Service on 20 April 1989 (see also Chapter VII) . 



Following discussions with the Commission, the Service 

 issued interim regulations on 19 May 1989 to implement the 

 provisions of the interim exemption. Among other things, those 

 regulations: codified the criteria used to categorize fisheries 

 (i.e., for determining if takings are frequent, occasional, or of 

 remote likelihood) ; set forth procedures for fishermen in 

 category I and II fisheries to register for and be issued 

 exemption certificates; specified the terms and conditions of 

 exemption certificates; required that category I vessels accept 

 observers; established procedures for issuance of emergency and 

 special regulations; and explained that reporting requirements 

 would be addressed in a separate rulemaking. 



A proposed rule setting forth reporting requirements and 

 procedures was published in the Federal Register on 19 June 1989. 

 Final reporting regulations were issued by the Service on 15 

 December 1989. Under the regulations, fishermen in category I 

 and category II fisheries must maintain accurate daily logs of: 

 fishing effort, including gear type and target species; numbers, 

 species, and location of marine mammals taken; type of marine 

 mammal interaction (e.g. , disturbance, injury, or mortality) ; 

 any intentional takes and the methods used to deter marine 

 mammals from gear or catch; and any loss of fish or gear caused 

 by marine mammals. Included along with the regulations were an 

 approved log form and instructions for filling it out. In 



