The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2021 re...
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Proposed rule, request for comment.
SUMMARY:
The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on 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 (TRP) requirements.
DATES:
Comments must be received by October 21, 2020.
ADDRESSES:
You may submit comments on this document, identified by NOAA-NMFS-2020-0054, by either of the following methods:
Electronic Submission:
Submit all electronic public comments via the
Federal e-Rulemaking Portal:
2. Click the “Comment Now!” icon, complete the required fields;
3. Enter or attach your comments.
Mail:
Submit written comments to Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
Instructions:
Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on
www.regulations.gov
without change. All personal identifying information (
e.g.,
name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-586-7240; Diana Kramer, Pacific Islands Region, 808-725-5167. 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:
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 mortality and serious injury of marine mammals occurring in each fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SARs) 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
( printed page 59259)
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 (OSP). This definition can also be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1:
Tier 1 considers the cumulative fishery mortality and serious injury for a particular stock. 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 will be placed in Category III (unless those fisheries interact with other stock(s) for 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:
Tier 2 considers fishery-specific mortality and serious injury for a particular stock.
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 (
i.e.,
frequent incidental mortality and serious injury of marine mammals).
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 (
i.e.,
occasional incidental mortality and serious injury of marine mammals).
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 (
i.e.,
a remote likelihood of or no known incidental mortality and serious injury of marine mammals).
Additional details regarding how the categories were determined are provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified 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 classified 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). Stocks driving a fishery's classification are denoted with a superscript “1” in Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. Therefore, NMFS has classified certain fisheries by analogy to other fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, or according to factors discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995) and listed in the regulatory definition of a Category II fishery. 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 mortality or serious injury is “occasional” by evaluating other factors such as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fishermen reports, stranding data, and the species and distribution of marine mammals in the area, or at the discretion of the Assistant Administrator for Fisheries (50 CFR 229.2).
Further, eligible commercial fisheries not specifically identified on the LOF are deemed to be Category II fisheries until the next LOF is published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. The list of species and/or stocks incidentally killed or injured includes “serious” and “non-serious” documented injuries as described later in the
List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean
and
List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean
sections. To determine which species or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs and injury determination reports. SARs are brief reports summarizing the status of each stock of marine mammals occurring in waters under U.S. jurisdiction, including information on the identity and geographic range of the stock, population statistics related to abundance, trend, and annual productivity, notable habitat concerns, and estimates of human-caused mortality and serious injury (M/SI) by source. The SARs are based upon the best available scientific information and provide the most current and inclusive information on each stock's PBR level and level of interaction with commercial fishing operations. The best available scientific information used in the SARs and reviewed for the 2021 LOF generally summarizes data from 2013-2017. NMFS also reviews other sources of new information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (
i.e.,
MMPA mortality/injury reports), and anecdotal reports from that time period. In some cases, more recent information may be available and used in the LOF.
For fisheries with observer coverage, species or stocks are generally removed from the list of marine mammal species and/or stocks incidentally killed or injured if no interactions are documented in the 5-year timeframe summarized in that year's LOF. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (
e.g.,
fishery has low observer coverage and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery) species and stocks may be retained for longer than 5 years. For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock.
Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF?
The best available information on the level of observer coverage and the spatial and temporal distribution of observed marine mammal interactions is presented in the SARs. Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. Starting with the 2005 SARs, each Pacific and Alaska SAR includes an appendix with detailed descriptions of each Category I and II fishery on the LOF, including the observer coverage in those fisheries. For Atlantic fisheries, this information can be found in the LOF Fishery Fact Sheets. The SARs do not provide detailed information on observer
( printed page 59260)
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. Fishery information presented in the SARs' appendices and other resources referenced during the tier analysis may include: Level of observer coverage; target species; levels of fishing effort; spatial and temporal distribution of fishing effort; characteristics of fishing gear and operations; management and regulations; and interactions with marine mammals. Copies of the SARs are available on the NMFS Office of Protected Resources website at:
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.
Information on observer coverage levels in Category I, II, and III fisheries can be found in the fishery fact sheets on the NMFS Office of Protected Resources' website:
www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Program's website:
www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.
How do I find out if a specific fishery is in Category I, II, or III?
The LOF includes three tables that list all U.S. commercial fisheries by Category. Table 1 lists all of the commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S. authorized commercial fisheries on the high seas. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (
e.g.,
trawl, longline, purse seine, gillnet, troll, etc.) to provide more detail on composition of effort within these fisheries. Many fisheries operate in both U.S. waters and on the high seas, creating some overlap between the fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). NMFS designates those fisheries in Tables 1, 2, and 3 with an asterisk (*) after the fishery's name. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels/participants holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2.
HSFCA permits are valid for 5 years, during which time Fishery Management Plans (FMPs) can change. Therefore, some vessels/participants may possess valid HSFCA permits without the ability to fish under the permit because it was issued for a gear type that is no longer authorized under the most current FMP. For this reason, the number of HSFCA permits displayed in Table 3 is likely higher than the actual U.S. fishing effort on the high seas. For more information on how NMFS classifies high seas fisheries on the LOF, see the preamble text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional information about HSFCA permits can be found at
www.fisheries.noaa.gov/permit/high-seas-fishing-permits.
Where can I find specific information on fisheries listed on the LOF?
Starting with the 2010 LOF, NMFS developed summary documents, or fishery fact sheets, for each Category I and II fishery on the LOF. These fishery fact sheets provide the full history of each Category I and II fishery, including: When the fishery was added to the LOF; the basis for the fishery's initial classification; classification changes to the fishery; changes to the list of species and/or stocks incidentally killed or injured in the fishery; fishery gear and methods used; observer coverage levels; fishery management and regulation; and applicable TRPs or TRTs, if any. These fishery fact sheets are updated after each final LOF and can be found under “How Do I Find Out if a Specific Fishery is in Category I, II, or III?” on the NMFS Office of Protected Resources' website:
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries,
linked to the “List of Fisheries Summary” table. NMFS is developing similar fishery fact sheets for each Category III fishery on the LOF. However, due to the large number of Category III fisheries on the LOF and the lack of accessible and detailed information on many of these fisheries, the development of these fishery fact sheets is taking significant time to complete. NMFS began posting Category III fishery fact sheets online with the LOF for 2016.
Am I required to register under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. 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, renew and receive my Marine Mammal Authorization Program authorization certificate?
NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials.
In the Pacific Islands, West Coast, and Alaska regions, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail or with their state or Federal license or permit at the time of issuance or renewal. In the Greater Atlantic and Southeast Regions, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year.
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)). 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 license or 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 license or permit is required must register with NMFS by contacting their appropriate Regional Office (see
ADDRESSES
).
Am I required to submit reports when I kill or injure 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 fishery listed on the LOF must report to NMFS all incidental mortalities and injuries of marine mammals that occur during commercial fishing operations, regardless of the category in which the fishery is placed (I, II, or III) within 48 hours of the end of the fishing trip or, in the case of non-vessel fisheries, fishing activity. “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.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. MMPA section 118 states that the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; thereby authorizing the exemption of vessels too small to safely accommodate an observer from this requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico large pelagics longline vessels operating in special areas designated by the Pelagic Longline Take Reduction Plan implementing regulations (50 CFR 229.36(d)) will not be exempted from observer requirements, regardless of their size. Observer requirements are found in 50 CFR 229.7.
Am I required to comply with any marine mammal TRP regulations?
Where can I find more information about the LOF and the MMAP?
Information regarding the LOF and the MMAP, including registration procedures and forms; current and past LOFs; descriptions of each Category I and II fishery and some Category III fisheries; observer requirements; and marine mammal mortality/injury reporting forms and submittal procedures; may be obtained at:
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries,
or from any NMFS Regional Office at the addresses listed below:
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Diana Kramer.
Sources of Information Reviewed for the 2021 LOF
NMFS reviewed the marine mammal incidental mortality and serious injury information presented in the SARs for all fisheries to determine whether changes in fishery classification are warranted. The SARs are based on the best scientific information available at the time of preparation, including the level of mortality and serious injury of marine mammals that occurs incidental to commercial fishery operations 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 established by the MMPA to review the science that informs the SARs, and to advise NMFS on marine mammal population status, trends, and stock structure, uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including marine mammal stranding and entanglement data, observer program data, fishermen self-reports, reports to the SRGs, conference papers, FMPs, and ESA documents.
The following summarizes changes to the LOF for 2021, including the classification of fisheries, fisheries listed, the estimated number of vessels/persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. NMFS re-classifies one fishery in the LOF for 2021. NMFS also makes changes to the estimated number of vessels/persons and list of species and/or stocks killed or injured in certain fisheries. The classifications and definitions of U.S. commercial fisheries for 2021 are identical to those provided in the LOF for 2020 with the changes discussed below. State and regional abbreviations used in the following paragraphs include: AK (Alaska), CA (California), HI (Hawaii), OR (Oregon), WA (Washington), and WNA (Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the AK Bering Sea, Aleutian Islands Pacific cod pot fishery from a Category III to a Category II fishery based on an observed entanglement of a western North Pacific humpback whale in the Pacific cod pot fishery in 2017 (Delean
et al.,
2020). This entanglement was determined to be a serious injury and resulted in a mean annual estimated M/SI level of 0.2 (6.7 percent of PBR) for AK Bering Sea, Aleutian Islands Pacific cod pot fishery. Therefore, because the estimated M/SI is between 1 and 50 percent of PBR (Tier 2 analysis), NMFS proposes to reclassify the AK Bering Sea, Aleutian Islands Pacific cod pot fishery from a Category III to a Category II fishery.
Fishery Name and Organizational Changes
NMFS proposes to add a superscript “1” to the CA/OR/WA stock of minke whale indicating it is driving the Category II classification of the CA thresher shark/swordfish drift gillnet (>/=14 in mesh) fishery. The CA/OR/WA minke whale mean annual estimated M/SI is 0.1 whales (2.86 percent of PBR) for the CA thresher shark/swordfish drift gillnet (>/=14 in mesh) fishery (Carretta, 2020) and warrants a Category II classification (M/SI is between 1 and 50 percent of PBR) for this fishery.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows:
Category I
HI deep-set longline fishery from 145 to 143 vessels/persons;
Category II
HI shallow-set longline fishery from 18 to 11 vessels/persons;
American Samoa longline fishery from 15 to 13 vessels/persons; and
Category III
American Samoa bottomfish handline fishery from fewer than 30 to fewer than 20 vessels/persons.
List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean
NMFS proposed to add the Aleutian Islands stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands rockfish trawl fishery based on an observed mortality in 2014.
NMFS proposes to add three stocks to the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod pot fishery: (1) Bristol Bay stock of harbor seal based on two observed mortalities in 2014, (2) Western North Pacific stock of humpback whale, and (3) Central North Pacific stock of humpback whale. In 2017, a humpback whale was observed entangled in the State-managed parallel Pacific cod pot fishery. This entanglement occurred in an area of humpback whale stock overlap and consistent with the current Guidelines for Assessing Marine Mammal Stocks (GAMMS), the serious injury was assigned to both the Western North Pacific and Central North Pacific stocks (Delean
et al.,
2020).
NMFS proposes to add the both Eastern North Pacific Gulf of Alaska, Aleutian Islands, and Bering Sea Transient stock, and West Coast Transient stock, of killer whales to the list of species/stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery. In 2015, a dead killer whale was reported entangled in CA Dungeness crab pot gear in California. Genetic analysis indicated the animal was a transient whale from either the Eastern North Pacific Gulf of Alaska, Aleutian Islands, and Bering Sea Transient stock, or the West Coast Transient stock (Delean
et al.,
2020). In 2016, a West Coast transient killer whale was reported entangled in CA Dungeness crab pot gear before self-releasing without serious injury (Delean
et al.,
2020).
NMFS proposes to add two stocks to the list of species/stocks incidentally killed or injured in the Category III CA squid purse seine fishery: (1) CA/OR/WA stock of Risso's dolphin and (2) U.S. stock of California sea lion. In 2020, NMFS received video footage taken in 2018 depicting evidence of Risso's dolphins and California sea lions incidentally captured in a squid purse seine operating off the coast of California.
NMFS proposes to add the Cook Inlet stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category III AK Gulf of Alaska halibut longline fishery based on an observed mortality in 2015.
NMFS proposes to add the Aleutian Islands stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Atka mackerel trawl fishery based on an observed mortality in 2016.
NMFS proposes to add the U.S. stock of California sea lion to the list of species/stocks incidentally killed or injured in the Category III WA/OR/CA shrimp trawl fishery. In 2017, a California sea lion was incidentally captured and released (non-serious injury) from a ridgeback prawn trawl net off the coast of California (Carretta
et al.,
2020).
NMFS proposes to add two stocks to the list of species/stocks incidentally killed or injured in the Category III WA/OR/CA groundfish trawl fishery: (1) California breeding stock of northern elephant seal and (2) CA/OR/WA stock of northern right whale dolphin. Six northern elephant seal mortalities occurred off the coast of California, Oregon and Washington, four in 2015 and two in 2016 (Carretta
et al.,
2020). In 2016, northern right whale dolphin was incidentally killed in a catcher processor midwater trawl gear off the coast of Oregon (Carretta
et al.,
2020).
NMFS proposes to add to the Western North Pacific stock of humpback whale to the list of species/stocks incidentally killed or injured in the Category III AK/WA/OR/CA commercial passenger fishing vessel fishery for a ship strike that occurred in 2017. NMFS proposes to remove three stocks from the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands pollock trawl fishery: (1) Alaska stock of ringed seal, (2) Central North Pacific stock of humpback whale and (3) Western North Pacific stock of humpback whale based on no recently observed mortalities or injuries.
NMFS proposes to remove the Alaska stock of ringed seal from the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod
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longline fishery based on no recently observed mortalities or injuries.
NMFS proposes to remove the Western U.S. stock of Steller sea lion from the list of species/stocks incidentally killed or injured in the Category II AK Gulf of Alaska sablefish longline fishery based on no recently observed mortalities or injuries.
NMFS proposes to remove the Alaska stock of ringed seal from the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Pacific cod trawl based on no recently observed mortalities or injuries.
NMFS proposes to remove the Alaska stock of harbor seal from the list of species/stocks incidentally killed or injured in the Category III AK Gulf of Alaska flatfish trawl fishery based on no recently observed mortalities or injuries.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean
Fishery Name and Organizational Changes and Clarification
NMFS proposes to add a superscript “1” to the following four stocks to indicate they are driving the Category II classification of the Northeast trawl fishery: (1) Western North Atlantic stock of Risso's dolphin, (2) Western North Atlantic stock of long-finned pilot whale, (3) Western North Atlantic offshore stock of bottlenose dolphin, and (4) Western North Atlantic stock of gray seal. The Risso's dolphin mean annual mortality in the Northeast trawl fishery is an estimated 4.2 animals, which represents 1.4 percent of the stock's PBR (303). The long-finned pilot whale mean annual mortality in this fishery is an estimated 15 animals, which represents 4.9 percent of the stock's PBR (306). The bottlenose dolphin mean annual mortality is an estimated 10.4 animals, which represents 2 percent of the stock's PBR (519). The gray seal mean annual mortality is an estimated 16 animals, which represents 1.2 percent of the stock's PBR (1,389). Observer coverage for this fishery from 2013-2017 was 15, 17, 19, 12 and 16 percent, respectively
NMFS proposes to clarify the fishery description of the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. NMFS clarifies that this fishery targets shrimp species with various gear types, but mainly utilizes skimmer or otter trawls. These gear types likely entangle marine mammals, particularly bottlenose dolphins, in very similar ways. The common entangling mechanism of these gear types are the “lazy” or “easy” line.
NMFS proposes to clarify the fishery description of the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. NMFS clarifies that the fishery does not target bluefin tuna, shortfin mako sharks and other shark species.
NMFS clarifies its response to Comment 14 in the 2020 Final LOF (85 FR 21079; April 16, 2020). In Comment #14, Maine Lobstermen's Association (MLA) notes “there has been only one right whale entangled in Maine gear in April 2002, and the entanglement was determined to be a non-serious injury. There are two additional non-serious injury entanglement cases that involved Maine lobster gear. However, Maine lobster gear was not the primary entangling gear in these cases.” In the 2020 Final LOF, NMFS' response in part to this comment stated: “We recognize that there has only been one confirmed mortality (in 2012) in American lobster gear in the past decade. All other documented lobster interactions were determined to result in non-serious injuries. However, there have been a number of entanglements for which interventions occurred because these entanglements were determined to be resulting in serious injuries (Henry
et al.,
2019).”
NMFS clarifies part of the response to Comment #14 to state: We recognize there has been only one confirmed mortality (in 2012) in the past decade in U.S. Northern inshore/nearshore trap/pot gear which could be gear from the Northeast/Mid-Atlantic American lobster trap/pot fishery or the Atlantic mixed species trap/pot fishery. All other documented lobster interactions were determined to result in non-serious injuries. However, there have been a number of entanglements for which interventions occurred because these entanglements were determined to be resulting in serious injuries (Henry
et al.,
2019).
Number of Vessels/Persons
NMFS proposes updates to the estimated number of vessels/persons in the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:
Category I
Mid-Atlantic gillnet fishery from 3,950 to 4,020 vessels/person;
Northeast sink gillnet fishery from 3,163 to 4,072 vessels/persons;
Category II
Chesapeake Bay inshore gillnet fishery from 248 to 265 vessels/persons;
Northeast bottom trawl fishery from 2,238 to 968 vessels/persons;
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery from 4,950 to 10,824 vessels/persons;
Atlantic mixed species trap/pot fishery from 3,332 to 3,493 vessels/persons;
Mid-Atlantic menhaden purse seine fishery from 19 to 17 vessels/persons;
Virginia pound net fishery from 26 to 20 vessels/persons;
Category III
Caribbean gillnet fishery from >991 to 127 vessels/persons;
Caribbean mixed species trap/pot fishery from >501 to 154 vessels/persons;
Caribbean spiny lobster trap/pot fishery from >197 to 40 vessels/persons; and
Caribbean haul/beach seine fishery from 15 to 38 vessels/person.
NMFS notes there is variability in the estimated number of vessels/persons in the Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. This variability is due to multiple permitting agencies, differences in fishery management, and artifacts with available data sets. A complete explanation of the variability is available in the Environmental Impact Statement to Reduce the Incidental Bycatch and Mortality of Sea Turtles in the Southeastern U.S. Shrimp Fisheries (November 4, 2019).
List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS proposes to add the Mobile Bay, Bonsecour Bay stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in the Category II Gulf of Mexico gillnet fishery based on one dead, stranded dolphin with gillnet lesions on the rostrum and a sliced ventrum in 2016. Dolphins entangled in gillnet gear often present with diagnostic lesions when stranded that can be identified by trained personnel (Kuiken, 1996, Read and Murray, 2000, Moore and Barco, 2013). In addition, gillnet fishermen will sometimes make a longitudinal slit along the ventral surface of the abdomen before discarding the carcass to reduce floating (Read and Murray, 2000). The Gulf of Mexico gillnet fishery is the only gillnet fishery in the Gulf of Mexico.
NMFS proposes to add the Western North Atlantic offshore stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in the Category II mid-Atlantic mid-water trawl (including pair trawl) fishery based on a self-reported mortality in 2016.
( printed page 59264)
NMFS proposes to add the Puerto Rico and U.S. Virgin Islands stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in Category III Caribbean mixed species trap/pot fishery. In 2014, one dolphin was entangled in trap/pot line. The animal was rescued and subsequently died.
Following consultation with the U.S. Fish and Wildlife Service, NMFS proposes to add the Antillean subspecies (Puerto Rico stock) of West Indian manatee to the list of species/stocks incidentally killed or injured in Category III Caribbean haul/beach seine fishery based on two documented entanglements of manatees, one in 2009 and one in 2018.
NMFS proposes to remove the Western North Atlantic offshore stock of bottlenose dolphin from the list of species/stocks incidentally killed or injured in the Category III Gulf of Maine, U.S. mid-Atlantic tuna, shark, swordfish hook-and line/harpoon fishery. From 2013 through 2017, there were no reported or observed mortalities or injuries in this fishery (Hayes
et al.,
in review).
Commercial Fisheries on the High Seas
Number of Vessels/Persons
NMFS proposes updates to the estimated number of HSFCA permits for high seas fisheries (Table 3) as follows:
Category I
Atlantic highly migratory species longline fishery from 53 to 45 HSFCA permits;
Western Pacific pelagic longline (HI deep-set component) fishery from 145 to 143 HSFCA permits;
Category II
South Pacific tuna purse seine fishery from 33 to 26 HSFCA permits;
South Pacific tuna longline fishery from 2 to 3 HSFCA permits;
Western Pacific pelagic longline (HI shallow-set component) fishery from 18 to 11 HSFCA permits;
Atlantic highly migratory species handline/pole and line fishery from 2 to 1 HSFCA permits;
Pacific highly migratory species handline/pole and line fishery from 41 to 43 HSFCA permits;
South Pacific albacore troll handline/pole and line fishery from 11 to 10 HSFCA permits;
South Pacific albacore troll fishery from 17 to 18 HSFCA permits;
Western Pacific pelagic troll fishery from 5 to 4 HSFCA permits;
Category III
Northwest Atlantic bottom longline fishery from 3 to 2 HSFCA permits;
Pacific highly migratory species longline fishery from 108 to 105 HSFCA permits; and
Pacific highly migratory species troll fishery from 119 to 111 HSFCA permits.
List of Fisheries
The following tables set forth the list of U.S. commercial fisheries according to their classification under section 118 of the MMPA. Table 1 lists commercial fisheries in the Pacific Ocean (including Alaska), Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial fisheries on the high seas, and Table 4 lists fisheries affected by TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons participating in fisheries operating within U.S. waters is expressed in terms of the number of active participants in the fishery, when possible. If this information is not available, the estimated number of vessels or persons licensed for a particular fishery is provided. If no recent information is available on the number of participants, vessels, or persons licensed in a fishery, then the number from the most recent LOF is used for the estimated number of vessels or persons in the fishery. NMFS acknowledges that, in some cases, these estimates may be inflations of actual effort. For example, the State of Hawaii does not issue fishery-specific licenses, and the number of participants reported in the LOF represents the number of commercial marine license holders who reported using a particular fishing gear type/method at least once in a given year, without considering how many times the gear was used. For these fisheries, effort by a single participant is counted the same whether the fisherman used the gear only once or every day. In the Mid-Atlantic and New England fisheries, the numbers represent the potential effort for each fishery, given the multiple gear types for which several state permits may allow. Changes made to Mid-Atlantic and New England fishery participants will not affect observer coverage or bycatch estimates, as observer coverage and bycatch estimates are based on vessel trip reports and landings data. Tables 1 and 2 serve to provide a description of the fishery's potential effort (state and Federal). If NMFS is able to extract more accurate information on the gear types used by state permit holders in the future, the numbers will be updated to reflect this change. For additional information on fishing effort in fisheries found on Table 1 or 2, contact the relevant regional office (contact information included above in Where can I find more information about the LOF and the MMAP? subsection).
For high seas fisheries, Table 3 lists the number of valid HSFCA permits currently held. Although this likely overestimates the number of active participants in many of these fisheries, the number of valid HSFCA permits is the most reliable data on the potential effort in high seas fisheries at this time. As noted previously in this LOF, the number of HSFCA permits listed in Table 3 for the high seas components of fisheries that also operate within U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or stocks incidentally killed or injured (seriously or non-seriously) in each fishery based on SARs, injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (
i.e.,
MMAP reports), and anecdotal reports. The best available scientific information included in these reports is based on data through 2017. This list includes all species and/or stocks known to be killed or injured in a given fishery, but also includes species and/or stocks for which there are anecdotal records of a mortality or injury. Additionally, species identified by logbook entries, stranding data, or fishermen self-reports (
i.e.,
MMAP reports) may not be verified. In Tables 1 and 2, NMFS has designated those species/stocks driving a fishery's classification (
i.e.,
the fishery is classified based on mortalities and serious injuries of a marine mammal stock that are greater than or equal to 50 percent (Category I), or greater than 1 percent and less than 50 percent (Category II), of a stock's PBR) by a “1” after the stock's name.
In Tables 1 and 2, there are several fisheries classified as Category II that have no recent documented mortalities or serious injuries of marine mammals, or fisheries that did not result in a mortality or serious injury rate greater than 1 percent of a stock's PBR level based on known interactions. NMFS has classified these fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that
( printed page 59265)
are known to cause mortality or serious injury of marine mammals, as discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995), and according to factors listed in the definition of a “Category II fishery” in 50 CFR 229.2 (
i.e.,
fishing techniques, gear types, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fishermen reports, stranding data, and the species and distribution of marine mammals in the area). NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by adding a “2” after the fishery's name.
There are several fisheries in Tables 1, 2, and 3 in which a portion of the fishing vessels cross the exclusive economic zone (EEZ) boundary and therefore operate both within U.S. waters and on the high seas. These fisheries, though listed separately on Table 1 or 2 and Table 3, are considered the same fisheries on either side of the EEZ boundary. NMFS has designated those fisheries in each table with an asterisk (*) after the fishery's name.
Table 1—List of Fisheries—Commercial Fisheries in the Pacific Ocean
Fishery description
Estimated
number of
vessels/
persons
Marine mammal species and/or stocks incidentally
killed or injured
Category I
Longline/Set Line Fisheries:
HI deep-set longline * ^
143
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.1
False killer whale, MHI Insular.1
False killer whale, NWHI.
Humpback whale. Central North Pacific.
Kogia
spp.
(Pygmy or dwarf sperm whale), HI.
Pygmy killer whale, HI.
Risso's dolphin, HI.
Rough-toothed dolphin, HI.
Short-finned pilot whale, HI.
Striped dolphin, HI.
Category II
Gillnet Fisheries:
CA thresher shark/swordfish drift gillnet (≥14 in mesh) *
14
Bottlenose dolphin, CA/OR/WA offshore.
California sea lion, U.S.
Dall's porpoise, CA/OR/WA.
Gray whale, Eastern North Pacific.
Humpback whale, CA/OR/WA.
Long-beaked common dolphin, CA.
Minke whale, CA/OR/WA.1
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.1
CA halibut/white seabass and other species set gillnet (>3.5 in mesh)
37
California sea lion, U.S.
Gray whale, Eastern North Pacific.
Harbor seal, CA.
Humpback whale, CA/OR/WA.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 white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2
22
California sea lion, U.S.
Long-beaked common dolphin, CA.
Short-beaked common dolphin, CA/OR/WA.
AK Bristol Bay salmon drift gillnet 2
1,862
Beluga whale, Bristol Bay.
Gray whale, Eastern North Pacific.
Harbor seal, Bering Sea.
Northern fur seal, Eastern Pacific.
Pacific white-sided dolphin, North Pacific.
Spotted seal, AK.
Steller sea lion, Western U.S.
AK Bristol Bay salmon set gillnet 2
979
Beluga whale, Bristol Bay.
Gray whale, Eastern North Pacific.
Harbor seal, Bering Sea.
Northern fur seal, Eastern Pacific.
Spotted seal, AK.
AK Kodiak salmon set gillnet
188
Harbor porpoise, GOA.1
Harbor seal, GOA.
Humpback whale, Central North Pacific.
( printed page 59266)
Humpback whale, Western North Pacific.
Sea otter, Southwest AK.
Steller sea lion, Western U.S.
AK Cook Inlet salmon set gillnet
736
Beluga whale, Cook Inlet.
Dall's porpoise, AK.
Harbor porpoise, GOA.
Harbor seal, GOA.
Humpback whale, Central North Pacific.1
Sea otter, South central AK.
Steller sea lion, Western U.S.
AK Cook Inlet salmon drift gillnet
569
Beluga whale, Cook Inlet.
Dall's porpoise, AK.
Harbor porpoise, GOA.1
Harbor seal, GOA.
Steller sea lion, Western U.S.
AK Peninsula/Aleutian Islands salmon drift gillnet 2
162
Dall's porpoise, AK.
Harbor porpoise, GOA.
Harbor seal, GOA.
Northern fur seal, Eastern Pacific.
AK Peninsula/Aleutian Islands salmon set gillnet 2
Gray whale, Eastern North Pacific.
Harbor Porpoise, Southeastern AK.
Harbor seal, Southeast AK.
Humpback whale, Central North Pacific (Southeast AK).
WA Puget Sound Region salmon drift gillnet (includes all inland waters south of U.S.-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded)
Humpback whale, Western North Pacific.
Killer whale, unknown.
Steller sea lion, Eastern U.S.
Steller sea lion, Western U.S.
Live Finfish/Shellfish Fisheries:
CA nearshore finfish live trap/hook-and-line
93
None documented.
HI aquarium collecting
90
None documented.
List of Abbreviations and Symbols Used in Table 1:
AI—Aleutian Islands; AK—Alaska; BS—Bering Sea; CA—California; ENP—Eastern North Pacific; GOA—Gulf of Alaska; HI—Hawaii; MHI—Main Hawaiian Islands; OR—Oregon; WA—Washington;
1
Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock's PBR;
2
Fishery classified by analogy;
* Fishery has an associated high seas component listed in Table 3; and
^ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. The species and/or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas.
Table 2—List of Fisheries—Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean
Fishery description
Estimated
number of
vessels/
persons
Marine mammal species and/or stocks incidentally
killed or injured
List of Abbreviations and Symbols Used in Table 2:
DE—Delaware; FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX—Gulf of Mexico; MA—Massachusetts; NC—North Carolina; NY—New York; RI—Rhode Island; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic;
1
Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock's PBR;
2
Fishery classified by analogy; and
* Fishery has an associated high seas component listed in Table 3.
( printed page 59275)
Table 3—List of Fisheries—Commercial Fisheries on the High Seas
Fishery description
Number of HSFCA
permits
Marine mammal species and/or stocks incidentally
killed or injured
Category I
Longline Fisheries:
Atlantic Highly Migratory Species *
45
Atlantic spotted dolphin, WNA.
Bottlenose dolphin, Northern GMX oceanic.
Bottlenose dolphin, WNA offshore.
Common dolphin, WNA.
Cuvier's beaked whale, WNA.
False killer whale, WNA.
Killer whale, GMX oceanic.
Kogia
spp.
whale (Pygmy or dwarf sperm whale), WNA.
Long-finned pilot whale, WNA.
Mesoplodon beaked whale, WNA.
Minke whale, Canadian East coast.
Pantropical spotted dolphin, WNA.
Risso's dolphin, GMX.
Risso's dolphin, WNA.
Short-finned pilot whale, WNA.
Western Pacific Pelagic (HI Deep-set component) * ‸
143
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.
Humpback whale, Central North Pacific.
Kogia
spp.
(Pygmy or dwarf sperm whale), HI.
Pygmy killer whale, HI.
Risso's dolphin, HI.
Short-finned pilot whale, HI.
Striped dolphin, HI.
Category II
Drift Gillnet Fisheries:
Pacific Highly Migratory Species * ‸
5
Long-beaked common dolphin, CA.
Humpback whale, CA/OR/WA.
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.
Trawl Fisheries:
Atlantic Highly Migratory Species **
1
No information.
CCAMLR
0
Antarctic fur seal.
Purse Seine Fisheries:
South Pacific Tuna Fisheries
26
No information.
Western Pacific Pelagic
1
No information.
Longline Fisheries:
CCAMLR
0
None documented.
South Pacific Albacore Troll
6
No information.
South Pacific Tuna Fisheries **
3
No information.
Western Pacific Pelagic (HI Shallow-set component) * ‸
11
Blainville's beaked whale, HI.
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.
Fin whale, HI.
Guadalupe fur seal.
Humpback whale, Central North Pacific.
Mesoplodon sp., unknown.
Northern elephant seal, CA breeding.
Risso's dolphin, HI.
Rough-toothed dolphin, HI.
Short-beaked common dolphin, CA/OR/WA.
Striped dolphin, HI.
Handline/Pole and Line Fisheries:
Atlantic Highly Migratory Species
1
No information.
Pacific Highly Migratory Species
43
No information.
South Pacific Albacore Troll
10
No information.
Western Pacific Pelagic
5
No information.
Troll Fisheries:
Atlantic Highly Migratory Species
0
No information.
South Pacific Albacore Troll
18
No information.
South Pacific Tuna Fisheries **
1
No information.
Western Pacific Pelagic
4
No information.
( printed page 59276)
Category III
Longline Fisheries:
Northwest Atlantic Bottom Longline
2
None documented.
Pacific Highly Migratory Species
105
None documented in the most recent 5 years of data.
Purse Seine Fisheries:
Pacific Highly Migratory Species * ‸
5
None documented.
Trawl Fisheries:
Northwest Atlantic
4
None documented.
Troll Fisheries:
Pacific Highly Migratory Species *
111
None documented.
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA—California; GMX—Gulf of Mexico; HI—Hawaii; OR—Oregon; WA—Washington; WNA—Western North Atlantic;
* Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. The number of permits listed in Table 3 represents only the number of permits for the high seas component of the fishery;
** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits are valid for 5 years, permits obtained in past years exist in the HSFCA permit database for gear types that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type; and
‸ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of the EEZ boundary. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these fisheries operating in U.S. waters.
Table 4—Fisheries Affected by Take Reduction Teams and Plans
Take reduction plans
Affected fisheries
Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32
Category I
Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American lobster trap/pot.
Northeast sink gillnet.
Category II
Atlantic blue crab trap/pot.
Atlantic mixed species trap/pot.
Northeast anchored float gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic shark gillnet.*
Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.‸
Bottlenose Dolphin Take Reduction Plan (BDTRP)—50 CFR 229.35
Category I
Mid-Atlantic gillnet.
Category II
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic shark gillnet.
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl.‸
Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.‸
VA pound net.
False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37
Category I
HI deep-set longline.
Category II
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan (HPTRP)—50 CFR 229.33 (New England) and 229.34 (Mid-Atlantic)
Category I
Mid-Atlantic gillnet.
Northeast sink gillnet.
Pelagic Longline Take Reduction Plan (PLTRP)—50 CFR 229.36
Category I
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline.
( printed page 59277)
Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR 229.31
Category II
CA thresher shark/swordfish drift gillnet (≥14 in mesh).
* Only applicable to the portion of the fishery operating in U.S. waters; and
‸ Only applicable to the portion of the fishery operating in the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule would not have a significant economic impact on a substantial number of small entities. Any entity with combined annual fishery landing receipts less than $11 million is considered a small entity for purposes of the Regulatory Flexibility Act. Under the size standard, all entities subject to this action were considered small entities; thus, they all would continue to be considered small under the new standards.
Under existing regulations, all individuals participating in Category I or II fisheries must register under the MMPA and obtain an authorization certificate. The authorization certificate authorizes the taking of non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Additionally, individuals may be subject to a TRP and requested to carry an observer. NMFS has estimated that up to approximately 55,329 fishing vessels, most with annual revenues below the SBA's small entity thresholds, may operate in Category I or II fisheries. As fishing vessels operating in Category I or II fisheries, they are required to register with NMFS. The MMPA registration process is integrated with existing state and Federal licensing, permitting, and registration programs. Therefore, individuals who have a state or Federal fishing permit or landing license, or who are authorized through another related state or Federal fishery registration program, are currently not required to register separately under the MMPA or pay the $25 registration fee. Through this integrated process, registration under the MMPA, including the $25 registration fee, is only required for vessels participating in a Category I or II non-permitted fishery. All Category I and II fisheries listed on the 2021 proposed LOF are permitted through state or Federal processes, and registration under the MMPA is covered through the integrated process. Therefore, this proposed rule would not impose any direct costs on small entities.
The MMPA requires any vessel owner or operator participating in a fishery listed on the LOF to report to NMFS, within 48 hours of the end of the fishing trip, all marine mammal incidental mortalities and injuries that occur during commercial fishing operations. These marine mammal mortalities and injuries are reported using a postage-paid, Office of Management and Budget (OMB) approved form (OMB Control Number 0648-0292). This postage-paid form requires less than 15 minutes to complete and can be dropped in any mailbox, faxed, emailed, or completed online within 48 hours of the vessels return to port. Therefore, record keeping and reporting costs associated with this LOF are minimal and would not have a significant impact on a substantial number of small entities.
If a vessel is requested to carry an observer, vessels will not incur any direct economic costs associated with carrying that observer. As a result of this certification, an initial regulatory flexibility analysis is not required and none has been prepared. In the event that reclassification of a fishery to Category I or II results in a TRP, economic analyses of the effects of that TRP would be summarized in subsequent rulemaking actions.
This proposed rule contains existing collection-of-information (COI) requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements. The COI for the registration of individuals under the MMPA has been approved by the OMB under OMB Control Number 0648-0293 (0.15 hours per report for new registrants). The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per report). These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the COI. Send comments regarding these reporting burden estimates or any other aspect of the COI, including suggestions for reducing burden, to NMFS (see
ADDRESSES
). You may also submit comments on these or any other aspects of the collection of information at
www.reginfo.gov/public/do/PRAMain.
Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with a COI, subject to the requirements of the Paperwork Reduction Act, unless that COI displays a currently valid OMB control number.
This proposed rule has been determined to be not significant for the purposes of Executive Orders 12866 and 13563.
In accordance with the Companion Manual for NOAA Administrative Order (NAO) 216-6A, NMFS preliminarily determined that publishing this proposed LOF qualifies to be categorically excluded from further NEPA review, consistent with categories of activities identified in Categorical Exclusion G7 (“Preparation of policy directives, rules, regulations, and guidelines of an administrative, financial, legal, technical, or procedural nature, or for which the environmental effects are too broad, speculative or conjectural to lend themselves to meaningful analysis and will be subject later to the NEPA process, either collectively or on a case-by-case basis”) of the Companion Manual and we have not identified any extraordinary circumstances listed in Chapter 4 of the Companion Manual for NAO 216-6A
( printed page 59278)
that would preclude application of this categorical exclusion. If NMFS takes a management action, for example, through the development of a TRP, NMFS would first prepare an Environmental Impact Statement or Environmental Assessment, as required under NEPA, specific to that action.
This proposed rule would not affect species listed as threatened or endangered under the ESA or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this proposed rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would consult under ESA section 7 on that action.
This proposed rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams.
This proposed rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act.
References
Carretta, J.V. 2020. Estimates of marine mammal, sea turtle, and seabird bycatch from the California large-mesh drift gillnet fishery: 1990-2018. Draft reviewed by the Pacific Scientific Review Group. March, 2020. 84 p.
Carretta, J.V., B. Delean, V. Helker, M.M. Muto, J. Greenman, K. Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2020. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stock assessments, 2014-2018. Draft reviewed by the Pacific Scientific Review Group. March, 2020. 151 p.
Delean, B.J., V.T. Helker, M.M. Muto, K. Savage, S. Teerlink, L.A. Jemison, K. Wilkinson, J. Jannot, and N.C. Young. 2020. Human-caused mortality and injury of NMFS-managed Alaska marine mammal stocks 2013-2017 U.S. Department of Commerce, NOAA Technical Memorandum NMFS-AFSC-401. 86 p.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., In Review. Draft US Atlantic and Gulf of Mexico Marine Mammal Stock Assessments 2019.
Kuiken, T. 1996. Diagnosis of By-Catch in Cetaceans. Montpellier: European Cetacean Society.
Maze-Foley, K. and L.P. Garrison. 2018. Serious Injury Determinations for Small Cetaceans off the Southeast U.S. Coast, 2012-2016. Southeast Fisheries Science Center Reference Document PRBD-2018-04.
Moore, K.T., and Barco, S. 2013. Handbook for Recognizing, Evaluating, and Documenting Human Interaction in Cetaceans and Pinnipeds. NOAA-TMNMFS-SWFSC-510:102.
Read, A.J., and Murray, K.T. 2000. Gross Evidence of Human-Induced Mortality in Small Cetaceans. NOAA.
Dated: September 15, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
Use this for formal legal and research references to the published document.
85 FR 59258
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“List of Fisheries for 2021,” thefederalregister.org (September 21, 2020), https://thefederalregister.org/documents/2020-20709/list-of-fisheries-for-2021.
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0054
16 U.S.C. 1387(c)(1)
50 CFR 229.2
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region
www.reginfo.gov/public/do/PRAMain