MARINE MAMMAL COMMISSION — Annual Report for 1992 
The Commission noted that in some cases, particu- 
larly for those fisheries where observer coverage has 
been low or where the inter-annual variation in inci- 
dental take levels may be high, the Service appeared 
to be proposing changes to the list of fisheries based 
upon very limited information. The Commission 
therefore recommended that the Service proceed 
cautiously when revising the list and assess the 
likelihood that available data accurately represent the 
likely average or long-term take level for a particular 
fishery. The Commission also noted that some 
fisheries may take marine mammals infrequently in 
individual fishing operations, yet because a large 
number of operations are conducted, they may cumu- 
latively have significant adverse effects on marine 
mammal populations. In light of this concern, the 
Commission recommended that two such fisheries, the 
shrimp trawl and menhaden purse seine fisheries off 
the South Atlantic and Gulf states, be upgraded from 
Category III to Category II to enable the Service to 
obtain more reliable information on fishing effort and 
incidental take rates. The Commission cautioned that, 
unless better information on these fisheries is devel- 
oped, it could be difficult to justify authorizing any 
take incidental to these fisheries under the new man- 
agement regime being developed to govern marine 
mammial-fisheries interactions after 1 October 1993. 
The Service published its final list of fisheries for 
1992 on 12 May 1992. The Service determined that 
the 1991 observer data for the Prince William Sound 
salmon driftnet fishery did not support the proposed 
downlisting of the fishery. As such, the fishery was 
retained in Category I. The other proposed fishery 
reclassifications noted above were all adopted in the 
final list. The Commission’s recommendation that the 
shrimp trawl fishery and the menhaden purse seine 
fishery be moved to Category II was not adopted. 
By Federal Register notice of 5 August 1992 the 
National Marine Fisheries Service proposed no chang- 
es to the list of fisheries for the 1993 fishing season. 
The Commission provided comments to the Service on 
2 September 1992. The Commission noted that, 
inasmuch as the Service had not provided it with 
requested data obtained under the interim exemption 
program, it had “no basis for determining whether 
such a proposal is appropriate or whether additional 
changes...may be warranted.” Subsequently, the 
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Service provided the Commission with a summary of 
the incidental take data obtained under the interim 
exemption’s observer and reporting programs. Those 
data supported the Service’s determination that further 
changes to the list of fisheries were not needed. 
However, by letter of 8 December 1992 the Service 
provided the Commission with additional information 
indicating that a reclassification of the pair trawl 
fishery for swordfish, tuna, and shark from Category 
II to Category I might be appropriate. At the end of 
1992, the Commission was reviewing that information 
and planned to provide comments early in 1993. 
Under the interim exemption, all vessels participat- 
ing in Category I or Category II fisheries must 
register with the National Marine Fisheries Service 
and obtain an exemption certificate. At the end of 
1989, approximately 10,400 vessel owners had 
registered for and had been issued exemption certifi- 
cates. Exemption certificates were renewed automati- 
cally by the Service in 1990, and by the end of that 
year, nearly 16,000 vessels participating in Category 
I or Category II fisheries had registered and had 
obtained exemption certificates. Exemption certifi- 
cates were renewed in 1991 and 1992 only if the 
required reports had been received by the National 
Marine Fisheries Service. During 1991, 12,194 
vessels were registered as participating in Category I 
and/or Category II fisheries. In 1992, the number of 
registered vessels dropped to 11,223. It is unknown 
whether the decline in registration reflects a decline in 
the number of vessels engaged in Category I and II 
fisheries or an increase in the number of vessels 
participating in those fisheries without registering for 
an exemption. 
Fishermen operating in Category I and Category II 
fisheries must maintain accurate daily logs of fishing 
effort, including gear type and target species; the 
number, 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. By the end of each year, 
an annual report, including a copy of the required 
logs, must be submitted to the Service. Category III 
fishermen are not required to submit annual reports, 
but must report all lethal incidental taking of marine 
