3028 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (b)—Continued 

U.S. code citation Civil monetary penalty description 

Adjusted 

penalty 

amount 2020 

Adjusted 

penalty 

amount 2021 

49 U.S.C. 14901(d)(2) ................. Minimum penalty for each instance of transportation of household 

goods if broker provides estimate without carrier agreement.

16,258 16,450 

49 U.S.C. 14901(d)(3) ................. Minimum penalty for each instance of transportation of household 

goods without being registered.

40,640 41,120 

49 U.S.C. 14901(e) ...................... Minimum penalty for each violation of a transportation rule ............ 3,251 3,289 

49 U.S.C. 14901(e) ...................... Minimum penalty for each additional violation .................................. 8,128 8,224 

49 U.S.C. 14903(a) ...................... Maximum penalty for undercharge or overcharge of tariff rate, for 

each violation.

162,568 164,490 

49 U.S.C. 14904(a) ...................... For first violation, rebates at less than the rate in effect .................. 325 329 

49 U.S.C. 14904(a) ...................... For all subsequent violations ............................................................ 407 412 

49 U.S.C. 14904(b)(1) ................. Maximum penalty for first violation for undercharges by freight forwarders.813 823 

49 U.S.C. 14904(b)(1) ................. Maximum penalty for subsequent violations ..................................... 3,251 3,289

49 U.S.C. 14904(b)(2) ................. Maximum penalty for other first violations under § 13702 ................ 813 823 

49 U.S.C. 14904(b)(2) ................. Maximum penalty for subsequent violations ..................................... 3,251 3,289

49 U.S.C. 14905(a) ...................... Maximum penalty for each knowing violation of § 14103(a), and 

knowingly authorizing, consenting to, or permitting a violation of 

§ 14103(a) or (b).

16,258 16,450 

49 U.S.C. 14906 .......................... Minimum penalty for first attempt to evade regulation ..................... 2,226 2,252 

49 U.S.C. 14906 .......................... Minimum amount for each subsequent attempt to evade regulation 5,562 5,628 

49 U.S.C. 14907 .......................... Maximum penalty for recordkeeping/reporting violations ................. 8,128 8,224 

49 U.S.C. 14908(a)(2) ................. Maximum penalty for violation of § 14908(a)(1) ............................... 3,251 3,289 

49 U.S.C. 14910 .......................... When another civil penalty is not specified under this part, for each 

violation, for each day.

813 823 

49 U.S.C. 14915(a)(1)–(2) ........... Minimum penalty for holding a household goods shipment hostage, for each day.12,919 13,072 

49 U.S.C. 14916(c)(1) .................. Maximum penalty for each knowing violation under § 14916(a) for 

unlawful brokerage activities.

11,125 11,257 

Pipeline Carrier Civil Penalties 

49 U.S.C. 16101(a) ...................... Maximum penalty for violation of this part, for each day ................. 8,128 8,224 

49 U.S.C. 16101(b)(1), (4) ........... For each recordkeeping violation under § 15722, each day ............ 813 823 

49 U.S.C. 16101(b)(2), (4) ........... For each inspection violation liable under § 15722, each day ......... 162 164 

49 U.S.C. 16101(b)(3)–(4) ........... For each reporting violation under § 15723, each day ..................... 162 164 

49 U.S.C. 16103(a) ...................... Maximum penalty for improper disclosure of information ................. 1,625 1,644 

[FR Doc. 2021–00755 Filed 1–13–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 210108–0005] 

RIN 0648–BJ72 

List of Fisheries for 2021 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

final 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: The effective date of this final 

rule is February 16, 2021. 

ADDRESSES: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Office 

of Protected Resources, NMFS, 1315 

East-West Highway, Silver Spring, MD 

20910. 

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 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3029 

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 (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 fisheryspecific 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 ‘‘nonserious’’ 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 


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3030 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

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 

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: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reportsregion. 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: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/listfisheries-summary-tables. Additional 

information on observer programs in 

commercial fisheries can be found on 

the NMFS National Observer Program’s 

website: https://www.fisheries.noaa.gov/ 

national/fisheries-observers/nationalobserver-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 https://

www.fisheries.noaa.gov/permit/highseas-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: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-protection-act-listfisheries, 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. 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3031 

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. 

Vessel or gear owners who participate 

in fisheries in these regions and have 

not received authorization certificates 

by the beginning of the calendar year, or 

with renewed fishing licenses, must 

contact the appropriate NMFS Regional 

Office (see FOR FURTHER INFORMATION). 

Authorization certificates may also be 

obtained by visiting the MMAP website 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-authorizationprogram#obtaining-a-marine-mammalauthorization-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)). 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). 

In recognition of logistical challenges 

with certificate issuance related to the 

ongoing COVID–19 pandemic, the 

MMAP certificate issued in 2020 

remains in effect, valid through 

December 31, 2021, for vessel or gear 

owners participating in all Category I 

and II fisheries as of the final 2021 LOF. 

2020 certificates may be retained or 

replacements downloaded from https:// 

go.usa.gov/xArUW. Vessel or gear 

owners participating in previous 

Category III fisheries reclassified as a 

Category II fishery in this final 2021 

LOF can obtain their MMAP certificate 

on our website https://go.usa.gov/ 

xArUW. 

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. 

Mortality/injury reporting forms and 

instructions for submitting forms to 

NMFS can be found at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-authorizationprogram#reporting-a-death-or-injury-ofa-marine-mammal-during-commercialfishing-operations or by contacting the 

appropriate regional office (see FOR

FURTHER INFORMATION). Forms may be 

submitted via any of the following 

means: (1) Online using the electronic 

form; (2) emailed as an attachment to 

nmfs.mireport@noaa.gov; (3) faxed to 

the NMFS Office of Protected Resources 

at 301–713–0376; or (4) mailed to the 

NMFS Office of Protected Resources 

(mailing address is provided on the 

postage-paid form that can be printed 

from the web address listed above). 

Reporting requirements and procedures 

are found in 50 CFR 229.6. 

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? 

Table 4 provides a list of fisheries 

affected by TRPs and TRTs. TRP 

regulations are found at 50 CFR 229.30 

through 229.37. A description of each 

TRT and copies of each TRP can be 

found at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-take-reduction-plans-andteams. It is the responsibility of fishery 

participants to comply with applicable 

take reduction 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: https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-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, Southeast Region, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Attn: Jessica Powell; 

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 


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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 LOF for 2021 was based on, 

among other things, stranding data; 

fishermen self-reports; and SARs, 

primarily the 2019 SARs, which are 

based on data from 2013–2017. The 

SARs referenced in this LOF include: 

2016 (82 FR 29039; June 27, 2017), 2018 

(84 FR 28489; June 19, 2019), and 2019 

(84 FR 65353; November 27, 2019). The 

SARs are available at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reportsregion. 

Comments and Responses 

NMFS received nine comment letters 

on the proposed LOF for 2021 (85 FR 

59258; September 21, 2020). Comments 

were received from members of the 

public, Atlantic Offshore Lobstermen’s 

Association (AOLA), Freezer Longline 

Coalition (FLC), Hawaii Longline 

Association (HLA), Maine Lobstermen’s 

Association (MLA), Massachusetts 

Division of Marine Fisheries (MA DMF), 

Marine Mammal Commission 

(Commission) and Whale Safe USA. 

Responses to substantive comments are 

below; comments on actions not related 

to the LOF are not included. 

General Comments 

Comment 1: A commenter 

recommends that NMFS require 

Category III fisheries to accommodate 

observers aboard vessels in order to 

expand data collection on marine 

mammal bycatch in fisheries. 

Response: MMPA section 118 requires 

individuals participating in a Category I 

or II fishery to accommodate an observer 

aboard their vessel(s) upon request from 

NMFS. In addition, MMPA section 

118(d)(7) provides NMFS, with the 

consent by the vessel owner, the ability 

to place an observer on board a vessel 

participating in Category III fisheries (50 

CFR 229.7(d)). The MMPA and 

implementing regulations (50 CFR 

229.6) also include a marine mammal 

mortality and injury reporting 

requirement for all Category I, II and III 

fisheries. Any vessel owner or operator 

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 within 48 hours of 

the end of the fishing trip. 

Comments on Commercial Fisheries in 

the Pacific Ocean 

Comment 2: FLC recommends NMFS 

reclassify the AK Bering Sea, Aleutian 

Islands (BSAI) Pacific cod longline 

fishery from a Category II to Category III. 

They note that the following marine 

mammal stocks are included on the list 

of species/stocks incidentally killed or 

injured in the BSAI Pacific cod longline 

fishery: Killer whale (Eastern North 

Pacific AK resident); killer whale (Gulf 

of Alaska, BSAI transient); Northern fur 

seal (Eastern Pacific); spotted seal (AK) 

and Steller sea lion (Western U.S). FLC 

provides evidence that from 2013 

through 2017 the only marine mammal 

stock incidentally killed or injured in 

the BSAI Pacific cod longline fishery 

was the Western U.S. stock of Steller sea 

lions and these did not result in annual 

M/SI greater than 1 percent of the 

stock’s PBR level. 

FLC also states that the BSAI Pacific 

cod longline fishery is currently 

classified as a Category II based on a 

killer whale M/SI in 2012. They note 

that this M/SI is assigned to both the 

resident and transient stocks of killer 

whales and is outside the 5 year 

timeframe (2013–2017) of the 2021 LOF. 

Therefore, FLC recommends that the 

BSAI Pacific cod longline fishery be 

reclassified as a Category III fishery. 

Response: NMFS reviewed the 

information provided and agrees with 

FLC. One killer whale (Gulf of Alaska, 

BSAI transient stock) M/SI was driving 

the Category II classification of the BSAI 

Pacific cod longline fishery. This killer 

whale M/SI occurred in 2012, and no 

additional M/SI have been observed or 

reported for the 2013–2017 data analysis 

timeframe for this fishery. Therefore, 

NMFS reclassifies the AK BSAI Pacific 

cod longline fishery from a Category II 

to a Category III fishery in this final rule. 

NMFS also removes both the Eastern 

North Pacific AK resident stock and 

Gulf of Alaska, BSAI transient stock of 

killer whales from the list of species 

and/or stocks incidentally killed or 

injured in the BSAI Pacific cod longline 

fishery. 

Comment 3: FLC recommends NMFS 

re-evaluate how a single marine 

mammal M/SI is assigned to multiple 

stocks when stock ranges overlap. They 

state that the M/SI should be distributed 

between stocks based on the relative 

proportion of the population of the two 

stocks combined. 

As noted in the 2016 SAR (Muto et 

al., 2017), the 2012 killer whale M/SI in 

the BSAI Pacific cod longline fishery 

was assigned to both the resident and 

transient stocks of killer whale, given no 

genetic samples were collected and the 

overlap in the range of the two stocks in 

Alaska waters. FLC further states that 

NMFS attributes the single M/SI to both 

stocks equally. However, the probability 

of encountering either stock is not 100 

percent, but proportional to the relative 

population of the stocks throughout the 

range. The commenter notes that 

revising the single M/SI between both 

killer whale stocks (based on probability 

of encounter) would distribute the 

single 2012 M/SI in the BSAI Pacific 

cod longline fishery from 100 percent 

for both stocks to 80 percent to the 

resident stock and 20 percent to the 

transient stock. 

Response: The SARs are drafted 

according to NMFS’ ‘‘Guidelines for 

Preparing Stock Assessment Reports 

Pursuant to the 1994 Amendments to 

the MMPA’’ (NMFS 2016, 02–204–01). 

This provides directives for consistently 

assigning M/SI to stocks, including 

times when the M/SI is documented in 

an area of overlapping stocks. Because 

there were no data to indicate specific 

stock or reliable data that could be used 

to partition the 2012 killer whale M/SI, 

the M/SI was assigned to both stocks as 

prescribed by NMFS’ ‘‘Guidelines for 

Preparing Stock Assessment Reports 

Pursuant to the 1994 Amendments to 

the MMPA’’. 

Comment 4: FLC requests that NMFS 

update the LOF fishery fact sheet for the 

Category II BSAI Pacific cod longline 

fishery. The LOF fishery fact sheet for 

the BSAI Pacific cod longline fishery 


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has an incorrect description for the 

observer coverage in both the catcher 

processor and catcher vessel longline 

sectors. The description of observer 

coverage included in the LOF fishery 

fact sheet is outdated and does not 

reflect the Observer Program structuring 

for catcher processor and catcher vessels 

sectors since 2012. 

Response: NMFS thanks FLC for 

bringing to our attention that the 

observer coverage information in the AK 

BSAI Pacific cod longline fishery fact 

sheet on NMFS’ website needs 

updating. The fishery fact sheets 

summarize LOF classification 

information for the public and we will 

review and correct this error. 

Comment 5: The Commission restates 

a previous comment and recommends 

NMFS reclassify both the Category II SE 

Alaska salmon drift gillnet and Yakutat 

salmon set gillnet fisheries as Category 

I fisheries. The Commission previously 

noted that the 2016 SAR for the 

Southeast Alaska stock of harbor 

porpoise reported a population-size 

estimate of 975 and an estimated 

minimum population size (Nmin) of 

896, which produced a PBR of 8.9 

animals. That 2016 SAR also reported a 

total annual M/SI estimate of 34 animals 

for the two fisheries combined. The 

Commission states that the estimated 

annual M/SI has not changed, and 

although the stock’s PBR increased to 12 

in the 2019 SAR, fishery-related M/SI 

still exceed PBR by nearly threefold. 

The Commission states that the 

clearer case can be made for 

reclassifying the Category II SE Alaska 

salmon drift gillnet fishery as a Category 

I fishery. They note that the estimated 

annual harbor porpoise M/SI in the SE 

Alaska salmon drift gillnet fishery 

included the 2019 SAR is 12 animals 

which equals PBR for the stock and 

exceeds the Category I classification 

threshold of 50 percent of PBR. The 

Commission continues to state that this 

M/SI estimate is based on data collected 

in salmon management areas 6–8 in 

2012 and 2013, and is a conservative 

estimate since salmon management 

areas 6–8 comprise only a small portion 

of the total area surveyed. 

The Commission notes that is more 

difficult to address the harbor porpoise 

M/SI in Category II Yakutat salmon set 

gillnet because there is a geographical 

disconnect between where observer data 

was collected and the population 

surveys were conducted. Thus, the 

comparison of the estimated annual M/ 

SI does not provide a meaningful basis 

for classifying this fishery, given the 

likely population structure found in the 

Southeast Alaska (SEAK) harbor 

porpoise stock, as described in the 2019 

SAR. Therefore, the Commission 

reiterates its recommendation that 

NMFS reclassify the SE Alaska salmon 

drift gillnet as a Category I fishery. 

Response: This comment has been 

addressed previously (see 85 FR 21079, 

April 16, 2020). The PBR level for the 

SEAK harbor porpoise stock was 

estimated based on a survey that 

covered only a portion of the currentlyrecognized distribution of this stock, 

and it included commercial fishery M/ 

SI that occurred far north of the 

surveyed areas. Over the last year, 

NMFS has made substantial progress in 

analyzing genetic data to resolve stock 

structure of harbor porpoise in 

Southeast Alaska. Once finalized, the 

analysis of these data will be helpful in 

addressing management concerns 

related to SEAK harbor porpoise and 

effects from commercial fishing. NMFS 

continues to pursue options for 

additional observer coverage to collect 

more recent and more geographically 

comprehensive data on mortality in 

Alaska’s state fisheries, and we will 

prioritize observation of the Southeast 

Alaska drift gillnet fishery. For the 2021 

LOF, NMFS retains the Category II 

classification for the Yakutat salmon set 

gillnet and SE Alaska salmon drift 

gillnet fisheries until more data are 

available. 

Comment 6: HLA restates a previous 

comment recommending NMFS remove 

the Main Hawaiian Islands (MHI) 

insular and Northwestern Hawaiian 

Islands (NWHI) stocks of false killer 

whales from the list of species and/or 

stocks incidentally killed or injured in 

the Category I Hawaii deep-set longline 

fishery. HLA notes that (a) the False 

Killer Whale Take Reduction Plan 

(FKWTRP) closed the deep-set longline 

fishery for almost the entire range of the 

MHI insular stock, (b) since this change 

was made in 2013 there have been no 

false killer whale interactions in the 

fishery, and (c) there has never been a 

deep-set longline fishery interaction in 

the very small area of the stocks’ range 

where the fishery operates. The 

commenter also states that no 

information has been presented to the 

False Killer Whale TRT or the Pacific 

Scientific Review Group suggesting any 

false killer whale interactions in the 

deep-set fishery can reliably be 

attributed to the Insular or NWHI stocks 

of false killer whales. HLA requests that 

NMFS remove the MHI insular and 

NWHI stocks of false killer whales from 

the list of species and/or stocks 

incidentally killed or injured in the 

Category I Hawaii deep-set longline 

fishery. 

Response: This comment has been 

addressed previously (see 84 FR 22051, 

May 16, 2019; 85 FR 21079, April 16, 

2020). The MHI insular stock of false 

killer whales have been documented via 

telemetry to move far enough offshore to 

reach longline fishing areas (Bradford et 

al., 2015). The MHI insular, Hawaii 

pelagic, and NWHI stocks have partially 

overlapping ranges. MHI insular false 

killer whales have been satellite tracked 

as far as 115 km from the MHI, while 

pelagic stock animals have been tracked 

to within 11 kilometers (km) of the MHI 

and throughout the NWHI. Thus, M/SI 

of false killer whales of unknown stock 

within the stock overlap zones must be 

prorated to MHI insular, pelagic, or 

NWHI stocks. Annual bycatch estimates 

are prorated using a process outlined in 

detail in the SARs, which account for 

M/SI that occur within the MHI-pelagic 

or NWHI-pelagic overlap zones. 

For observed fisheries with evidence 

indicating that undocumented 

interactions may be occurring (e.g., 

fishery has evidence of fisheries 

interactions that cannot be attributed to 

a specific fishery, and stranding 

network data include evidence of 

fisheries interactions that cannot be 

attributed to a specific fishery), stocks 

may be retained on the LOF for longer 

than 5 years. For these fisheries, NMFS 

will review the other sources of relevant 

information to determine when it is 

appropriate to remove a species or stock 

from the LOF. As described in the 2019 

LOF (84 FR 22051, May 16, 2019), six 

false killer whale M/SI incidental to the 

deep-set longline fishery were observed 

inside the exclusive economic zone 

(EEZ) around Hawaii, including three 

that occurred close to the outer 

boundary of the Main Hawaiian Islands 

Longline Fishing Prohibited Area, in 

close proximity to the outer boundary of 

the MHI Insular false killer whale 

stocks’ range. Also, MHI Insular false 

killer whale range overlaps with areas 

that are open to deep-set longline 

fishing and MHI Insular false killer 

whales have been documented with 

injuries consistent with fisheries 

interactions that have not been 

attributed to a specific fishery (Baird et 

al., 2014). Additionally, in August 2020, 

NMFS reopened the Southern Exclusion 

Zone to Hawaii deep-set longline fishing 

(85 FR 50959, August 19, 2020). 

In addition to the SARs, NMFS also 

reviews other sources of new 

information for the LOF, including 

injury determination reports, bycatch 

estimation reports, and observer data. In 

some cases, more recent information 

may be available and used in the LOF. 

In January 2019, there was an observed 

mortality of a false killer whale 

incidental to the Hawaii deep-set 

longline fishery that occurred within the 


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range of the NWHI stock. Therefore, 

NMFS retains both the MHI insular and 

NWHI false killer whale stocks on the 

list of species and/or stocks incidentally 

killed or injured in the Category I 

Hawaii deep-set longline fishery. 

Comment 7: HLA restates a previous 

comment opposing the inclusion of the 

Hawaii stocks of Kogia species (pygmy 

or dwarf sperm whales) on the list of 

species and/or stocks incidentally killed 

or injured in the Category I HI deep-set 

longline fishery. HLA requests that 

NMFS remove Kogia species from the 

list of species and/or stocks incidentally 

killed or injured in the deep-set longline 

fishery because SARs for the two stock 

does not include M/SI in the deep-set 

fishery. 

Response: This comment has been 

addressed previously (see 84 FR 22051, 

May 16, 2019). The 2021 LOF generally 

summarizes data from 2013–2017, and 

in addition to the SARs, the LOF also 

reviews other sources of information, 

including injury determination reports 

and observer data. In February 2014, 

there was an observed interaction with 

a pygmy sperm whale (Kogia breviceps) 

in the Category I HI deep-set longline 

fishery. Therefore, NMFS retains Kogia 

on the list of species and/or stocks 

incidentally killed or injured in the 

Category I HI deep-set longline fishery. 

Comment 8: HLA recommends NMFS 

remove the Central North Pacific 

humpback whale stock from the list of 

species and/or stocks incidentally killed 

or injured in the Category II HI shallowset longline fishery. HLA states that the 

proposed 2021 LOF includes the Central 

North Pacific stock of humpback whales 

on the list of species and/or stocks 

incidentally killed or injured from the 

Category II HI shallow-set longline 

fishery, but the most recent SAR does 

not identify M/SI in the shallow-set 

fishery. The HI shallow-set longline 

fishery has 100 percent observer 

coverage and therefore, the Central 

North Pacific stock of humpback whale 

stock should be removed the list of 

species and/or stocks incidentally killed 

or injured in the Category II HI shallowset longline fishery. 

Response: In addition to the M/SI 

included in the SARs, the LOF 

references data from injury 

determination reports, bycatch 

estimation reports, observer data, 

logbook data, stranding data, 

disentanglement network data, 

fishermen self-reports, and anecdotal 

reports. In March 2015, there was an 

observed humpback whale, Central 

North Pacific stock, injury in the 

Category II Hawaii shallow-set longline 

fishery. The injury was determined to be 

non-serious. Due to the observed injury, 

the Central North Pacific stock of 

humpback whale is retained on the list 

of species and/or stocks incidentally 

killed or injured in the Category II HI 

shallow-set longline fishery. 

Comment 9: The Commission 

recommends that NMFS reclassify the 

Category III Hawaii troll fishery as a 

Category II fishery. The Commission 

states that NMFS proposed to reclassify 

the Category III Hawaii charter vessel 

fishery, which is primarily a troll 

fishery, and the HI trolling, rod and reel 

fisheries as Category II fisheries in the 

2012 LOF (76 FR 37716, June 28, 2011). 

In the proposed rule, NMFS based the 

proposed change on reports of hooking 

spotted dolphins, and information on 

the prevalence of vessels from these 

fisheries targeting Pantropical spotted 

dolphin pods. NMFS estimated that M/ 

SI would be, at a minimum, 

approximately 2 percent of PBR, 

justifying the Category II classifications 

for both fisheries. The Commission 

notes the final 2012 LOF (76 FR 73912, 

November 29, 2011) did not finalize the 

fishery proposed reclassifications. 

The Commission states that 

implementing regulations allow for 

NMFS, in the absence of reliable 

estimates of the M/SI, to determine 

whether M/SI occurs ‘not at all or with 

a remote likelihood’ (Category III), 

‘occasionally’ (Category II), or 

‘frequently’ based on analogy to similar 

fisheries. This is the approach NMFS 

took this approach in 2012 proposed 

LOF. 

The Commission also notes that the 

case for reclassifying the troll fisheries 

as Category II fisheries has strengthened 

since serious injuries due to hooking or 

entanglement in fishing line have been 

documented, and reliable estimates of 

rates of troll vessels fishing in and 

through spotted dolphin groups have 

been published (Baird and Webster, 

2020). In addition, the spotted dolphin 

stock considered in 2011, was later split 

into four stocks (three insular and one 

pelagic) in the 2013 SAR, and each of 

the insular stocks is likely to have a 

smaller PBR than the estimates used in 

2012 proposed LOF. Given NMFS’s 

assessment in 2012 proposed LOF that 

interactions were likely ‘occasional’, 

combined with more recent information, 

the Commission recommends that 

NMFS reclassify the Category III Hawaii 

troll fishery as a Category II fishery. 

Response: As noted by the 

Commission, there are four stocks of 

pantropical spotted dolphins in the 

Hawaii Islands region: Oahu stock, 4- 

Islands stock, Hawaii Island stock, and 

Hawaii pelagic stock. In 2014, one 

pantropical spotted dolphin from the 

Hawaii Island stock was observed 

hooked above the jaw and trailing 8–10 

feet of fishing line (Bradford and 

Lyman, 2018). In 2017, a spotted 

dolphin from the 4-Islands stock was 

observed with a band of debris around 

its rostrum preventing it from opening 

its mouth (Bradford and Lyman, 2019). 

Both of these injuries are considered 

serious injuries and the responsible 

fishery is not known for either case. In 

addition, of the four pantropical spotted 

dolphin stocks, only the Hawaii pelagic 

stock has a minimum population 

estimate and resulting PBR. 

Without known M/SI attributed to the 

HI troll fishery, and a minimum 

population estimate and PBR for only 

one of the four stocks, we evaluated 

classification of the fishery by analogy. 

However, in reviewing available data, 

there are no documented mortalities or 

injuries of pantropical spotted dolphins 

in similar fisheries. There are no current 

data on interactions with pantropical 

dolphins (or other dolphin species) in 

any other Pacific Ocean commercial 

troll fisheries. In other stocks of 

pantropical dolphins, the only 

documented fishery-related M/SI in the 

Northern Gulf of Mexico stock of 

pantropical are incidental to the pelagic 

longline fishery (2015 SAR). The 

Western North Atlantic stock of 

pantropical spotted dolphins’ total 

annual estimated fishery-related M/SI is 

presumed to be zero, as there were no 

reports of mortalities or serious injuries 

(2019 SAR). There are no documented 

interactions with pantropical spotted 

dolphins in commercial troll fisheries 

on the high seas (2020 LOF). Therefore, 

the HI troll fishery cannot be classified 

by analogy to other fisheries that use 

similar fishing techniques that are 

known to cause mortality or serious 

injury of pantropical spotted dolphins. 

The mentioned study, (Baird and 

Webster, 2020) presented findings on 

the magnitude and nature of 

associations between fishing vessels and 

pantropical spotted dolphin stocks. The 

study did not estimate mortality or 

injury rates incidental to fisheries. 

Results of the study indicated that there 

is a high frequency of associations 

between troll and rod and reel fishing, 

and pantropical spotted dolphins, and 

in particular with the Hawaii Island 

stock. This information suggests 

hookings and/or entanglements may 

occur, and the fishing technique of 

trolling through groups and 

repositioning presents a heightened risk 

of hooking or entanglement to 

pantropical spotted dolphins. However, 

this information alone does not provide 

sufficient evidence with which to 

conclude that spotted dolphins are 

being seriously injured or killed on an 


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‘‘occasional basis’’ as necessary for a 

Category II fishery classification. 

Therefore, NMFS is retaining the 

Category III classification of the Hawaii 

troll fishery. 

Comments on Commercial Fisheries in 

the Atlantic Ocean, Gulf of Mexico, and 

Caribbean 

Comment 10: MLA states that NMFS 

has the flexibility to consider a variety 

of criteria, such as differences in gear 

and fishing techniques, and the 

distribution of endangered stocks 

relative to individual fisheries when 

classifying fisheries on the LOF. The 

commenter notes that the Maine state 

waters lobster fishery is managed and 

enforced by the state of Maine. While 

the Federal waters portion of the Maine 

lobster fishery is managed through the 

Atlantic States Marine Fisheries 

Commission as part of Lobster 

Management Area 1, it is also subject to 

further regulation and enforcement by 

the state of Maine through the Lobster 

Management Policy Councils. In 

addition, Maine’s state and Federal 

waters lobstermen must declare a 

lobster zone and are required to fish the 

majority of gear in their home zone, 

limiting the spatial footprint of where 

individual lobstermen can set gear. 

MLA states that this requirement 

differentiates the Maine lobster fishery 

from all other lobster fisheries 

throughout the Northeast and midAtlantic. 

Response: NMFS agrees that the 

Agency has the flexibility to separate 

out individual fisheries where it is 

appropriate; however, the commenter 

has not presented adequate information 

to substantiate any difference in risk 

that Maine state and Federal lobster 

fisheries pose to North Atlantic right 

whales, or other large whale species, 

that would warrant a current change in 

classification for these fisheries. As 

stated in the 2020 Final LOF (85 FR 

21079, April 16, 2020), fisheries are 

classified based on the gear types used, 

how the gear is fished, and the behavior 

of the fishery related to the risk to 

marine mammals. Multiple states 

participate in the Northeast/midAtlantic American lobster trap/pot 

fishery, using a wide variety of gear and 

gear configurations throughout a large 

portion of coastal waters. While we 

recognize this variety within the fishery 

at large, there are not clear boundaries 

to divide gear use across the wider area 

as suggested by this comment. 

Importantly, the state of Maine does not 

use unique gear configurations from 

other states and gear configurations 

within Maine’s waters are not uniform 

or divided across the geographic 

boundaries (i.e., exemption lines) that 

MLA has identified. Further, gear 

marking and right whale monitoring 

efforts throughout Maine waters are 

insufficient to determine that the gear or 

area presents a different risk to large 

whales. Below we provide further detail 

as to why the information presented by 

the MLA is insufficient for the requested 

changes. At this time, we do not have 

enough information to suggest Maine’s 

fisheries should be split from the 

Northeast/mid-Atlantic American 

lobster trap/pot fishery, because the gear 

used in Maine waters is not unique from 

other states. 

While NMFS appreciates the state of 

Maine’s efforts to manage the footprint 

of where individual lobstermen may set 

their gear, NMFS must look at the risk 

that the gear itself poses to large whales, 

particularly North Atlantic right whales. 

Current Maine state lobster management 

does not represent unique gear 

characteristics (e.g., the use of weak 

rope exclusively or exclusion of vertical 

lines). In non-exempted waters, risk 

reduction can be calculated based on 

implemented changes to gear 

configurations, and if that risk reduction 

is substantial enough, NMFS could 

revisit the fishery classification in a 

future LOF. 

Comment 11: MLA states that the 

NMFS Category I Northeast/midAtlantic American lobster trap/pot 

fishery does not accurately capture 

marine mammal interactions and risk. 

MLA recommends NMFS classify 

Maine’s state and Federal water’s lobster 

fisheries as unique fisheries, separate 

from the Category I Northeast/midAtlantic American lobster trap/pot 

fishery. 

The commenter notes that in the 

absence of sufficient data to properly 

classify all fisheries, the MMPA 

provides that NMFS may evaluate 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. MLA 

further states that there are several 

factors with disparity among the 

Northeast and mid-Atlantic lobster 

fisheries, as well as significant 

differences in potential overlap with 

North Atlantic right whales. These 

differences among the lobster fisheries 

include: Fishing techniques, gear used, 

seasons and areas fished, fishermen’s 

observations of right whales and 

distribution of marine mammals. MLA 

alleges that based on these factors, the 

lobster fishery prosecuted close to shore 

in Maine is significantly different than 

lobster fisheries which occur in offshore 

Lobster Management Area 3 or off of 

New Jersey. 

MLA also alleges that Maine’s state 

and Federal lobster fisheries do not 

meet the criteria of a Category I fishery 

under the MMPA. MLA recommends 

NMFS reclassify the Maine state waters 

lobster fishery as Category III fishery 

since there are no documented serious 

injuries or mortalities with this fishery, 

and NMFS determined that regulating 

the waters exempt from the Atlantic 

Large Whale Take Reduction Plan 

(ALWTRP) would have no significant 

benefit to large whales. MLA also 

recommends NMFS reclassify the Maine 

Federal waters lobster fishery as 

Category II fishery. MLA alleges there 

are no documented M/SI in the Maine 

Federal lobster fishery, but the Category 

II classification may be warranted under 

an abundance of precaution that a future 

interaction could occur due to the 

offshore migration of North Atlantic 

right whales. 

MLA states that according to the 2019 

North Atlantic right whale SAR, PBR is 

0.8, and M/SI for commercial fisheries 

is 5.55. MLA’s further analysis shows 

zero M/SI attributed to the Maine 

lobster fishery over this most recent 5 

year period, while there were six 

documented cases in Canadian trap/pot 

fisheries. In addition, MLA alleges, 

there has been only one right whale 

entangled in Maine lobster gear in April 

2002, and the entanglement was 

determined to be a non-serious injury. 

Maine gear was involved in a second 

case in 2004, but it was not the primary 

entangling gear in this case. The 

commenter states that there are four 

additional trap/pot entanglement cases 

that resulted in right whale M/SI for 

which a fishery was not determined 

and, therefore, for which the Maine 

lobster fishery cannot be completely 

ruled out. However, a close look at these 

cases reveals that the entangling gear is 

no longer fished, efforts to trace 

registration numbers to U.S. fishery 

were unsuccessful, or a Maine fishery 

was explicitly ruled out. 

Response: NMFS uses the 

classification criteria described in the 

preamble to classify fisheries as 

Category I, Category II, or Category III. 

As noted, a fishery is classified under 

Category I if the annual M/SI of a stock 

in a given fishery is greater than or 

equal to 50 percent of the stock’s PBR 

level. Additional details regarding 

categorization of fisheries is provided in 

the preamble to the final rule 

implementing section 118 of the MMPA 

(60 FR 45086; August 30, 1995). 


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As noted in the section of this rule 

and the LOF proposed rule describing 

how NMFS determines which species or 

stocks are included as incidentally 

killed or injured in a fishery, for 

fisheries with no observer coverage and 

for observed fisheries with evidence 

indicating that undocumented 

interactions may be occurring (e.g., 

fishery has evidence of fisheries 

interactions that cannot be attributed to 

a specific fishery, and stranding 

network data include evidence of 

fisheries interactions that cannot be 

attributed to a specific fishery), stocks 

may be retained on the LOF for longer 

than 5 years. For these fisheries, NMFS 

will review the other sources of relevant 

information to determine when it is 

appropriate to remove a species or stock 

from the LOF. 

At this time, we consider it 

appropriate to retain North Atlantic 

right whales as a species listed as 

driving the classification of the 

Northeast/mid-Atlantic lobster trap/pot 

fishery given that PBR is 0.8 and the 

further detail provided below, which 

reiterates responses provided in the 

2020 Final LOF (85 FR 21079, April 16, 

2020). 

The commenter cites four cases of 

unknown entanglements they believe 

explicitly rule out Maine lobster 

fisheries from the origin of 

entanglement. However, the evidence 

presented is not sufficient to draw these 

conclusions. In one of the commenter’s 

cited cases (E43–12/RW 4193), red 

tracers were identified in the recovered 

gear. Red tracers are indicative of the 

gear marking scheme required for the 

ALWTRP Northern Inshore Trap/Pot 

fishery management area, a management 

area that overlaps Maine, New 

Hampshire, and Massachusetts state 

waters. Therefore, it cannot be ruled out 

that the entanglement may have 

occurred off the coast of Maine in nonexempt waters. An additional case from 

2011, previously noted in our 2020 

Final LOF response to comments (85 FR 

21079, April 16, 2020) but not 

mentioned in MLA’s comment, also 

included recovered gear with these red 

tracers, though the location of that 

entanglement remains unknown (E11– 

11/RW 4040). Therefore, Maine lobster 

trap/pot fisheries cannot be ruled out as 

the potential origin for entanglements 

with undetermined origins. 

We also note that two additional 

entanglements have been identified as 

Massachusetts lobster trap/pot 

entanglements (E36–16/RW 3623 and 

E25–09). This is relevant to the 

discussion since Maine state and 

Federal lobster fisheries are functionally 

equivalent to gear found in these 

entanglements; and, therefore, gear 

fished in Maine presents similar risks. 

While floating groundline is 

prohibited in ALWTRP non-exempt 

management areas, there are waters 

along the east coast (including off the 

coast of Maine) that are exempted from 

this ALWTRP requirement. Therefore, 

the recovery of floating groundline from 

an entanglement does not explicitly rule 

out Maine lobster fisheries. For 

example, in case E25–10/RW 3911, the 

gear analysis found ‘‘wire mesh is likely 

the remains of wire traps that parted off 

from themselves. This wire mesh, along 

with the 7/16 inch poly and associated 

gangions, is consistent with gear used in 

trap/pot fisheries conducted along the 

east coast of the U.S. and Canada’’ 

(NMFS 2010 Large Whale Entanglement 

Report), which is consistent with some 

gear fished in exempted waters. 

Additionally, unless a rope diameter is 

explicitly prohibited in an area, rope 

diameter does not rule out the potential 

for an entanglement to have occurred in 

Maine waters, even if it does not 

represent the majority’s normal fishing 

practices. Therefore, the 9/16 inch float 

rope that was recovered from E01–09/ 

RW 3311, again, does not explicitly rule 

out Maine lobster fisheries. 

With this request, the commenter is 

also not taking into consideration the 

high percentage of unidentified 

entanglements that are both first sighted 

in the U.S. and in Canada. Over the past 

5 years, there have been 4.15 M/SI 

entanglements documented annually 

where the origin of the entanglement is 

unknown (Hayes et al., 2020). 

The sample size of recovered gear 

from entanglements is small and much 

of the retrieved gear is unmarked and 

cannot be attributed to a particular 

location. Currently, the state of Maine 

does not require gear marking in 

ALWTRP exempted areas. The lack of 

marks on retrieved gear may indicate 

the current marking scheme is 

inadequate, or that entanglements are 

occurring in areas where gear is not 

currently marked, such as international 

waters or current exempted areas. The 

state is currently pursuing a gear 

marking regime in these exempted 

waters that may provide additional data 

about entanglement risk in these areas 

in the future. 

The commenter alleges ‘‘There are 

zero instances of Maine lobster gear 

associated with a right whale serious 

injury or mortality in any data set, and 

only one known entanglement where 

Maine lobster was the primary 

entangling gear in 2002 resulting in nonserious injury determination.’’ We 

recognize that there has only been one 

confirmed mortality (in 2012) in 

identified U.S. trap/pot gear in the past 

decade. Those cases where we could 

identify lobster gear from right whale 

entanglements during the past 10 years 

were determined to result in nonserious injuries. However, there have 

been a number of life-threatening 

entanglements since 2010 that have 

resulted in a non-serious injury due to 

disentanglement intervention. (Henry et 

al., 2019). According to NMFS’ ‘‘Process 

for Distinguishing Serious from NonSerious Injury of Marine Mammals 

(NMFS 2015, 02–238–01),’’ cases that 

would have been serious injuries prior 

to disentanglement are not counted 

against PBR in the SAR, but they are 

included in the recorded takes for the 

LOF and associated management 

measures. Aerial surveys, whale 

watching boats, the presence of other 

fisheries, and the presence and 

associated outreach by a 

disentanglement team contribute to the 

higher reporting of entanglement 

sightings in certain areas (i.e., 

Massachusetts) than in Maine state and 

offshore waters; we cannot conclude 

that risk is nonexistent in other areas 

where entanglements are not observed. 

With 85 percent of all observed right 

whales exhibiting entanglement scars, it 

is likely that entanglements are indeed 

occurring in areas where entanglements 

have not yet been observed and/or 

reported. 

NMFS will continue to annually 

evaluate marine mammal interactions 

and risk posed by a variety of gear types 

and fisheries through the LOF process. 

As stated previously, should 

information suggest that unique gear 

characteristics have lowered the risk of 

interaction in a particular 

geographically unique portion of a 

fishery, NMFS will evaluate to 

determine if the risk reduction is 

sufficient for separating the fishery out 

from the broader, current, classification 

of the Category I Northeast/mid-Atlantic 

American lobster trap/pot fishery. 

As stated above, we find that there is 

insufficient information to suggest that 

Maine’s fisheries should be split from 

the Northeast/mid-Atlantic American 

lobster trap/pot fishery because the gear 

used in Maine waters and the manner in 

which the gear is used are not unique 

from other states. Further, we maintain 

that entanglement data indicate that the 

gear used across this fishery remains a 

risk to right whales. Should Maine 

fisheries make significant changes to 

their gear configurations that 

differentiate these fisheries from other 

state and Federal lobster trap/pot 

fisheries, such as eliminating vertical 

lines, NMFS will reconsider this 

decision. 


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Comment 12: AOLA expresses 

concern that data used in the LOF do 

not represent the current conditions of 

the Category I Northeast/mid-Atlantic 

American lobster trap/pot fishery nor 

marine mammal stocks. The commenter 

notes that the primary information used 

in the 2021 LOF comes from 2019 SARs, 

which are based on data from 2013– 

2017. Yet since 2013, the northwest 

Atlantic has undergone considerable 

climatic changes that have influenced 

the distributions of marine mammals 

and their prey. AOLA further states that 

the 2014 ALWTRP regulations as well as 

the American lobster fishery 

management plan regulations, reduced 

vertical lines and enhanced gear 

marking in the fishery. AOLA requests 

NMFS incorporate more timely data and 

recent information into the 2021 LOF. 

Response: NMFS agrees that the best 

available scientific information is 

important for assessing the risk fisheries 

pose to marine mammal stocks. NMFS 

uses the best available scientific 

information to prepare the annual LOF. 

This includes relying on the SARs, 

which are peer reviewed by the U.S. 

Atlantic, Gulf of Mexico, and Caribbean 

Scientific Review Group. The MMPA 

established this SRG, along with two 

others, 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. We recognize 

that this peer review process takes 

additional time to ensure that the best 

available are used to inform the LOF. 

However, the SARs generally provide 

the most current and inclusive 

information on each stock’s PBR level 

and level of interaction with 

commercial fishing operations; there 

may also be more recent reports that 

include bycatch estimates. 

Comment 13: AOLA expresses 

concern with how NMFS assigns M/SI 

when the origin of entanglement is 

unknown. AOLA states to that 

according to the 2019 North Atlantic 

right whale SAR the 5-year mean 

estimated M/SI from entanglements is 

5.55. Of those, 0.2 were attributed to 

U.S. fisheries, 1.2 to Canadian fisheries, 

and the remaining 4.15 were 

undetermined. The commenter notes 

that NMFS splits undetermined North 

Atlantic right whale M/SI evenly 

between the two countries. However, 86 

percent of known entanglements were 

in Canadian gear. AOLA recommends 

NMFS split undetermined North 

Atlantic right whale M/SI between the 

two countries based on the percentage 

of known entanglements from each 

country and this prorated distribution of 

M/SI should be used when classifying 

fisheries on the LOF. 

Response: For determining a fishery’s 

classification on the LOF, NMFS must 

assess the M/SI with respect to a stock’s 

PBR. See response to comment #11 

above about M/SI of right whales that is 

attributed to the Northeast/mid-Atlantic 

American lobster trap/pot fishery. 

With respect to the current unknown 

North Atlantic right whale M/SI being 

assumed to be divided between both 

Canada and U.S. equally, this was a 

scenario that NMFS generated to 

support ALWTRT deliberations and is 

not used for classifying fisheries on the 

MMPA LOF. Given the additional 

regulatory requirements for Category I 

and II fisheries, NMFS uses known M/ 

SI that can be attributed to a specific 

fishery for LOF analysis. 

Comment 14: AOLA expresses 

concern over the perceived lack of 

parity when assessing the impacts of 

fisheries on marine mammals. AOLA 

understands that with limited observer 

coverage and data gaps there is a level 

of subjectivity into the LOF 

classification process; however, the 

process should be equal among 

fisheries. The commenter notes that the 

Northeast/mid-Atlantic American 

lobster trap/pot fishery is classified as a 

Category I fishery for North Atlantic 

right whales, yet there has been only 

one confirmed mortality in American 

lobster trap/pot gear in the past decade 

(2012) and no documented serious 

injuries (as stated in the 2020 LOF final 

rule). In the 2020 LOF final rule, NMFS 

cites all U.S. undetermined M/SI, 

potential M/SI prevented by 

intervention, and North Atlantic right 

whale entanglement scarring rates as 

data used for the Category I 

classification of the Northeast/midAtlantic American lobster trap/pot 

fishery. AOLA recommends NMFS take 

a more equitable approach when 

assessing entanglement risk across 

fisheries, countries, and non-fishery 

sources, and also notes this would assist 

in assuring fishermen are treated fairly. 

Response: The LOF is the annual 

process NMFS conducts 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. See response to comment #11 

above about how cases that would have 

been serious injuries prior to 

disentanglement are not counted against 

PBR in the SAR, but are included in the 

LOF classification process. 

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), NMFS uses the best available 

data to inform the LOF; thus, data older 

than 5 years may be used to retain a 

fishery classification or the list of 

species and stocks killed/injured 

incidental to a fishery. 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. 

The assessment of large whale M/SI in 

fisheries with limited observer coverage 

remains a considerable challenge 

compared to other gear types that 

interact with pinniped or small 

cetaceans. In fisheries with sufficient 

observer coverage, NMFS extrapolates 

annual M/SI estimates for bycaught 

species. However, large whale fishery 

interaction assessments are dependent 

on direct counts of entangled whales, 

not the fishery per se. This observed 

count of entanglements is not 

representative of total fishery-related M/ 

SI that goes undetected or unattributed 

to a particular cause, and therefore 

represents the minimum M/SI. A 

method to assign cause to these 

unknown, as well as undetected 

mortalities, while addressing country 

entanglement of origin, is currently 

under development (Hayes et al., 2020). 

When these estimations become 

available, NMFS will solicit public 

comment through the SAR publication 

process. 

Comment 15: MA DMF recommends 

NMFS reclassify the Massachusetts state 

waters lobster trap/pot fishery as its 

own non-Category I fishery, separate 

from the Category I Northeast/midAtlantic American lobster trap/pot 

fishery based on the gear restrictions 

and large whale conservation programs 

that are unique to Massachusetts. They 

note that the state of Massachusetts has 

a number of actions currently in place, 

as well as a number of additional 

actions that will be in place for the 2021 

fishing season, that distinguish the 

Massachusetts state lobster trap/pot 

fishery as unique from the rest of the 

Category I Northeast/mid-Atlantic 

American lobster trap/pot fishery. MA 

DMF states that they are the only state 

lobster trap/trap fishery implementing 

the following actions either currently or 

in the future: (1) Lobster trap/pot fishery 

closure from February 1st to April 30th 

(currently in place for the Massachusetts 

Bay Restricted Area, proposed closure of 

all state waters beginning February 1, 

2021); (2) dynamic extension of the 

lobster trap/pot fishery closure to ensure 


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safe passage of right whales from our 

waters prior to fixed gear being set 

(currently in place for the Massachusetts 

Bay Restricted Area, proposed for all 

state waters beginning February 1, 

2021); (3) ban use of vertical buoy lines 

greater than 3⁄8 inch diameter (proposed 

to begin February 1, 2021); (4) ban 

fishing single traps by the majority of its 

active fleet (proposed to begin January 

1, 2022); (5) universal requirement of 

1,700 pound breaking strength line or 

equivalent contrivance (proposed to 

begin February 1, 2021); (6) permitting 

and regulatory scheme designed to 

reduce participation and effort over time 

(currently in place); and (7) 

demonstrated substantial decline in the 

number of participants and the number 

of buoy lines deployed (currently in 

place). Based on these mitigation efforts, 

MA DMF recommends NMFS reclassify 

the Massachusetts state waters lobster 

trap/pot fishery as its own non-Category 

I fishery. 

Response: NMFS appreciates the 

actions the state of Massachusetts has 

taken, and continues to take, to help 

conserve and protect North Atlantic 

right whales. However, the current 

implemented measures are not enough 

to suggest Massachusetts’s state waters 

lobster trap/pot fishery should be split 

from the Category I Northeast/midAtlantic American lobster trap/pot 

fishery. At this time, NMFS retains the 

Category I classification for the 

Northeast/Mid-Atlantic American 

lobster trap/pot fishery, which includes 

the state waters of Massachusetts. 

Additional detail on how gear would be 

considered unique to differentiate it 

from other state lobster and trap/pot 

fisheries is included in response to 

Comment #11. NMFS looks forward to 

seeing what measures the state of 

Massachusetts will finalize and 

implement for the state lobster trap/pot 

fishery in the future. Should major 

changes to lobster gear and fishing 

practices be required and implemented 

for all Massachusetts state lobster 

fishing gear, making this gear unique 

and easily identified from other state 

and Federal gear, NMFS will re-evaluate 

the status of this fishery and consider it 

in a future proposed LOF. 

Comment 16: Whale Safe USA 

requests NMFS maintain the Category I 

classifications for Northeast/MidAtlantic American lobster trap/pot 

fishery and Northeast sink gillnet 

fishery. 

Response: As stated above in response 

to Comments #11 and 15, NMFS retains 

the Category I classification of the 

Northeast/Mid-Atlantic American 

lobster trap/pot fishery. Additionally, 

no data is currently available to suggest 

state fisheries should be separated from 

the Category I Northeast sink gillnet 

fishery, therefore NMFS retains the 

Category I classification for the 

Northeast sink gillnet fishery. 

Summary of Changes From the 

Proposed Rule 

NMFS reclassifies the AK BSAI 

Pacific cod longline fishery from a 

Category II to Category III fishery. NMFS 

also removes both the Eastern North 

Pacific AK resident stock and Gulf of 

Alaska, BSAI transient stock of killer 

whales from the list of species and/or 

stocks incidentally killed or injured in 

the BSAI Pacific cod longline fishery. 

NMFS updates the MMAP certificate 

process for calendar year 2021. MMAP 

certificates issued in 2020 remain in 

effect, valid through December 31, 2021, 

for vessel or gear owners participating 

in all Category I and II fisheries as of the 

final 2021 LOF. 

Summary of Changes to the LOF for 

2021 

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 

two fisheries 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 reclassifies the AK Bering Sea, 

Aleutian Islands Pacific cod pot fishery 

from a Category III to a Category II 

fishery. 

NMFS reclassifies the AK BSAI 

Pacific cod longline fishery from at 

Category II to Category III fishery. 

Fishery Name and Organizational 

Changes 

NMFS adds 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. 

Number of Vessels/Persons 

NMFS updates 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 adds 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. 

NMFS adds 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, (2) Western North Pacific stock of 

humpback whale, and (3) Central North 

Pacific stock of humpback whale. 

NMFS adds both the 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. 

NMFS adds 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. 

NMFS adds 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. 

NMFS adds 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. 

NMFS adds 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. 

NMFS adds two stocks to the list of 

species/stocks incidentally killed or 

injured in the Category III WA/OR/CA 

groundfish trawl fishery: (1) California 


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breeding stock of northern elephant seal 

and (2) CA/OR/WA stock of northern 

right whale dolphin. 

NMFS adds 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. NMFS removes 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. 

NMFS removes 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 longline fishery. 

NMFS removes 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. 

NMFS removes 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 fishery. 

NMFS removes 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. 

Commercial Fisheries in the Atlantic 

Ocean, Gulf of Mexico, and Caribbean 

Fishery Name and Organizational 

Changes and Clarification 

NMFS adds 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. 

NMFS clarifies 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 clarifies 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. 

As discussed in the proposed rule, 

NMFS clarifies its response to Comment 

#14 in the 2020 Final LOF (85 FR 21079; 

April 16, 2020). In Comment #14, 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 updates 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 adds 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. 

NMFS adds 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. 

NMFS adds 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. 

Following consultation with the U.S. 

Fish and Wildlife Service, NMFS adds 

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. 

NMFS removes 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. midVerDate Sep<11>2014 18:22 Jan 13, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1

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3040 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

Atlantic tuna, shark, swordfish hookand line/harpoon fishery. 

Commercial Fisheries on the High Seas 

Number of Vessels/Persons 

NMFS updates 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? section). 

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 

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 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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3041 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Fishery description 

Estimated # 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/WA1. 

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/WA1. 

Sperm Whale, CA/OR/WA1. 

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/WA1. 

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, GOA1. 

Harbor seal, GOA. 

Humpback whale, Central North Pacific. 

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. 


khammond on DSKJM1Z7X2PROD with RULES
3042 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description 

Estimated # of 

vessels/persons 

Marine mammal species and/or stocks incidentally killed or injured 

Harbor porpoise, GOA1. 

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 ............. 113 Harbor porpoise, Bering Sea. 

Northern sea otter, Southwest AK. 

Steller sea lion, Western U.S. 

AK Prince William Sound salmon drift gillnet ...................... 537 Dall’s porpoise, AK. 

Harbor porpoise, GOA1. 

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 gillnet ........................................ 474 Dall’s porpoise, AK. 

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 gillnet 2 ........................................... 168 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 US-Canada border and eastward 

of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded).

154 Dall’s porpoise, CA/OR/WA. 

Harbor porpoise, inland WA1. 

Harbor seal, WA inland. 

Trawl Fisheries: 

AK Bering Sea, Aleutian Islands flatfish trawl ..................... 32 Bearded seal, AK. 

Gray whale, Eastern North Pacific. 

Harbor porpoise, Bering Sea. 

Harbor seal, Bering Sea. 

Humpback whale, Western North Pacific 1. 

Killer whale, AK resident 1. 

Killer whale, GOA, AI, BS transient 1. 

Northern fur seal, Eastern Pacific. 

Ringed seal, AK. 

Ribbon seal, AK. 

Spotted seal, AK. 

Steller sea lion, Western U.S.1. 

Walrus, AK. 

AK Bering Sea, Aleutian Islands pollock trawl .................... 102 Bearded Seal, AK. 

Beluga whale, Bristol Bay. 

Beluga whale, Eastern Bering Sea. 

Beluga whale, Eastern Chukchi Sea. 

Harbor seal, AK. 

Northern fur seal, Eastern Pacific. 

Ribbon seal, AK. 

Spotted seal, AK. 

Steller sea lion, Western U.S.1. 

AK Bering Sea, Aleutian Islands rockfish trawl ................... 17 Harbor seal, Aleutian Islands. 

Killer whale, ENP AK resident 1. 

Killer whale, GOA, AI, BS transient 1. 

Ribbon seal, AK. 

Pot, Ring Net, and Trap Fisheries: 

AK Bering Sea, Aleutian Islands Pacific cod pot ................ 59 Harbor seal, Bristol Bay. 

Humpback whale, Central North Pacific. 

Humpback whale, Western North Pacific. 

CA coonstripe shrimp pot .................................................... 14 Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

Humpback whale, CA/OR/WA. 

CA spiny lobster .................................................................. 186 Bottlenose dolphin, CA/OR/WA offshore. 

Humpback whale, CA/OR/WA1. 

Gray whale, Eastern North Pacific. 

Southern sea otter. 

CA spot prawn pot ............................................................... 23 Gray whale, Eastern North Pacific. 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3043 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description 

Estimated # of 

vessels/persons 

Marine mammal species and/or stocks incidentally killed or injured 

Humpback whale, CA/OR/WA1. 

Long-beaked common dolphin, CA. 

CA Dungeness crab pot ...................................................... 501 Blue whale, Eastern North Pacific 1. 

Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA1. 

Killer whale, Eastern North Pacific GOA, BSAI transient. 

Killer whale, West Coast transient. 

OR Dungeness crab pot ...................................................... 342 Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA1. 

WA/OR/CA sablefish pot ..................................................... 155 Humpback whale, CA/OR/WA1. 

WA coastal Dungeness crab pot ......................................... 197 Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA1. 

Longline/Set Line Fisheries: 

AK Gulf of Alaska sablefish longline ................................... 295 Sperm whale, North Pacific. 

Steller sea lion, Eastern U.S. 

HI shallow-set longline * ∧ .................................................... 11 Blainville’s beaked whale, HI. 

Bottlenose dolphin, HI Pelagic. 

False killer whale, HI Pelagic 1. 

Humpback whale, Central North Pacific. 

Risso’s dolphin, HI. 

Rough-toothed dolphin, HI. 

Striped dolphin, HI. 

American Samoa longline 2 .................................................. 13 False killer whale, American Samoa. 

Rough-toothed dolphin, American Samoa. 

Short-finned pilot whale, unknown. 

HI shortline 2 ......................................................................... 9 None documented. 

Category III 

Gillnet Fisheries: 

AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon 

gillnet.

1,778 Harbor porpoise, Bering Sea. 

AK Prince William Sound salmon set gillnet ....................... 29 Harbor seal, GOA. 

Humpback whale, Central North Pacific. 

Sea otter, South central AK. 

Steller sea lion, Western U.S. 

AK roe herring and food/bait herring gillnet ........................ 920 None documented. 

CA set gillnet (mesh size <3.5 in) ....................................... 296 None documented. 

HI inshore gillnet .................................................................. 36 Bottlenose dolphin, HI. 

Spinner dolphin, HI. 

WA Grays Harbor salmon drift gillnet (excluding treaty 

Tribal fishing).

24 Harbor seal, OR/WA coast. 

WA/OR Mainstem Columbia River eulachon gillnet ............ 15 None documented. 

WA/OR lower Columbia River (includes tributaries) drift 

gillnet.

110 California sea lion, U.S. 

Harbor seal, OR/WA coast. 

WA Willapa Bay drift gillnet ................................................. 82 Harbor seal, OR/WA coast. 

Northern elephant seal, CA breeding. 

Miscellaneous Net Fisheries: 

AK Cook Inlet salmon purse seine ...................................... 83 Humpback whale, Central North Pacific. 

AK Kodiak salmon purse seine ........................................... 376 Dall’s porpoise, AK. 

Humpback whale, Central North Pacific. 

Humpback whale, Western North Pacific. 

AK Southeast salmon purse seine ...................................... 315 Humpback whale, Central North Pacific. 

AK roe herring and food/bait herring beach seine .............. 10 None documented. 

AK roe herring and food/bait herring purse seine ............... 356 None documented. 

AK salmon beach seine ....................................................... 31 None documented. 

AK salmon purse seine (Prince William Sound, Chignik, 

Alaska Peninsula).

936 Harbor seal, GOA. 

Harbor seal, Prince William Sound. 

WA/OR sardine purse seine ................................................ 42 None documented. 

CA anchovy, mackerel, sardine purse seine ....................... 65 California sea lion, U.S. 

Harbor seal, CA. 

CA squid purse seine .......................................................... 80 California sea lion, U.S. 

Long-beaked common dolphin, CA. 

Risso’s dolphin, CA/OR/WA. 

Short-beaked common dolphin, CA/OR/WA. 

CA tuna purse seine * .......................................................... 10 None documented. 

WA/OR Lower Columbia River salmon seine ..................... 10 None documented. 

WA/OR herring, smelt, squid purse seine or lampara ........ 130 None documented. 

WA salmon purse seine ...................................................... 75 None documented. 

WA salmon reef net ............................................................. 11 None documented. 


khammond on DSKJM1Z7X2PROD with RULES
3044 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description 

Estimated # of 

vessels/persons 

Marine mammal species and/or stocks incidentally killed or injured 

HI lift net .............................................................................. 17 None documented. 

HI inshore purse seine ........................................................ <3 None documented. 

HI throw net, cast net .......................................................... 23 None documented. 

HI seine net ......................................................................... 24 None documented. 

Dip Net Fisheries: 

CA squid dip net .................................................................. 115 None documented. 

Marine Aquaculture Fisheries: 

CA marine shellfish aquaculture .......................................... unknown None documented. 

CA salmon enhancement rearing pen ................................. >1 None documented. 

CA white seabass enhancement net pens .......................... 13 California sea lion, U.S. 

HI offshore pen culture ........................................................ 2 None documented. 

WA salmon net pens ........................................................... 14 California sea lion, U.S. 

Harbor seal, WA inland waters. 

WA/OR shellfish aquaculture ............................................... 23 None documented. 

Troll Fisheries: 

WA/OR/CA albacore surface hook and line/troll ................. 705 None documented. 

CA halibut hook and line/handline ....................................... unknown None documented. 

CA white seabass hook and line/handline .......................... unknown None documented. 

AK Bering Sea, Aleutian Islands groundfish hand troll and 

dinglebar troll.

unknown None documented. 

AK Gulf of Alaska groundfish hand troll and dinglebar troll unknown None documented. 

AK salmon troll .................................................................... 1,908 Steller sea lion, Eastern U.S. 

Steller sea lion, Western U.S. 

American Samoa tuna troll .................................................. 13 None documented. 

CA/OR/WA salmon troll ....................................................... 4,300 None documented. 

HI troll .................................................................................. 2,117 Pantropical spotted dolphin, HI. 

HI rod and reel ..................................................................... 322 None documented. 

Commonwealth of the Northern Mariana Islands tuna troll 40 None documented. 

Guam tuna troll .................................................................... 432 None documented. 

Longline/Set Line Fisheries: 

AK Bering Sea, Aleutian Islands Greenland turbot longline 4 Killer whale, AK resident. 

AK Bering Sea, Aleutian Islands Pacific cod longline ......... 45 Northern fur seal, Eastern Pacific. 

Spotted seal, AK. 

Steller sea lion, Western U.S. 

AK Bering Sea, Aleutian Islands sablefish longline ............ 22 None documented. 

AK Bering Sea, Aleutian Islands halibut longline ................ 127 Northern fur seal, Eastern Pacific. 

Sperm whale, North Pacific. 

AK Gulf of Alaska halibut longline ....................................... 855 Harbor seal, Cook Inlet. 

Steller sea lion, Eastern U.S. 

AK Gulf of Alaska Pacific cod longline ................................ 92 Steller sea lion, Western U.S. 

AK octopus/squid longline ................................................... 3 None documented. 

AK state-managed waters longline/setline (including sablefish, rockfish, lingcod, and miscellaneous finfish).464 None documented. 

WA/OR/CA groundfish, bottomfish longline/set line ............ 367 Bottlenose dolphin, CA/OR/WA offshore. 

California sea lion, U.S. 

Northern elephant seal, California breeding. 

Sperm whale, CA/OR/WA. 

Steller sea lion, Eastern U.S. 

WA/OR Pacific halibut longline ............................................ 350 None documented. 

CA pelagic longline .............................................................. 1 None documented in the most recent 5 years of data. 

HI kaka line .......................................................................... 15 None documented. 

HI vertical line ...................................................................... 3 None documented. 

Trawl Fisheries: 

AK Bering Sea, Aleutian Islands Atka mackerel trawl ........ 13 Bearded seal, AK. 

Harbor seal, Aleutian Islands. 

Steller sea lion, Western U.S. 

AK Bering Sea, Aleutian Islands Pacific cod trawl .............. 72 Bearded seal, AK. 

Ribbon seal, AK. 

Steller sea lion, Western U.S. 

AK Gulf of Alaska flatfish trawl ............................................ 36 Northern elephant seal, North Pacific. 

Steller sea lion, Western U.S. 

AK Gulf of Alaska Pacific cod trawl ..................................... 55 Harbor seal, AK. 

Steller sea lion, Western U.S. 

AK Gulf of Alaska pollock trawl ........................................... 67 Dall’s porpoise, AK. 

Fin whale, Northeast Pacific. 

Northern elephant seal, North Pacific. 

Steller sea lion, Western U.S. 

AK Gulf of Alaska rockfish trawl .......................................... 43 Steller sea lion, Western U.S. 

AK Kodiak food/bait herring otter trawl ............................... 4 None documented. 

AK shrimp otter trawl and beam trawl ................................. 38 None documented. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3045 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description 

Estimated # of 

vessels/persons 

Marine mammal species and/or stocks incidentally killed or injured 

AK state-managed waters of Prince William Sound 

groundfish trawl.

2 None documented. 

CA halibut bottom trawl ....................................................... 47 California sea lion, U.S. 

Harbor porpoise, unknown. 

Harbor seal, unknown. 

Northern elephant seal, CA breeding. 

Steller sea lion, unknown. 

CA sea cucumber trawl ....................................................... 16 None documented. 

WA/OR/CA shrimp trawl ...................................................... 300 California sea lion, U.S. 

WA/OR/CA groundfish trawl ................................................ 160–180 California sea lion, U.S. 

Dall’s porpoise, CA/OR/WA. 

Harbor seal, OR/WA coast. 

Northern elephant seal, CA breeding. 

Northern fur seal, Eastern Pacific. 

Northern right whale dolphin, CA/OR/WA. 

Pacific white-sided dolphin, CA/OR/WA. 

Steller sea lion, Eastern U.S. 

Pot, Ring Net, and Trap Fisheries: 

AK Bering Sea, Aleutian Islands sablefish pot .................... 6 None documented. 

AK Bering Sea, Aleutian Islands crab pot ........................... 540 Bowhead whale, Western Arctic. 

Gray whale, Eastern North Pacific. 

AK Gulf of Alaska crab pot .................................................. 271 None documented. 

AK Gulf of Alaska Pacific cod pot ....................................... 116 Harbor seal, GOA. 

AK Gulf of Alaska sablefish pot ........................................... 248 None documented. 

AK Southeast Alaska crab pot ............................................ 375 Humpback whale, Central North Pacific (Southeast AK). 

AK Southeast Alaska shrimp pot ......................................... 99 Humpback whale, Central North Pacific (Southeast AK).

AK shrimp pot, except Southeast ........................................ 141 None documented. 

AK octopus/squid pot ........................................................... 15 None documented. 

CA rock crab pot .................................................................. 124 Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

WA/OR/CA hagfish pot ........................................................ 54 None documented. 

WA/OR shrimp pot/trap ....................................................... 254 None documented. 

WA Puget Sound Dungeness crab pot/trap ........................ 249 None documented. 

HI crab trap .......................................................................... 5 Humpback whale, Central North Pacific. 

HI fish trap ........................................................................... 9 None documented. 

HI lobster trap ...................................................................... <3 None documented in recent years. 

HI shrimp trap ...................................................................... 10 None documented. 

HI crab net ........................................................................... 4 None documented. 

HI Kona crab loop net ......................................................... 33 None documented. 

Hook and Line, Handline, and Jig Fisheries: 

AK Bering Sea, Aleutian Islands groundfish jig .................. 2 None documented. 

AK Gulf of Alaska groundfish jig ......................................... 214 Fin whale, Northeast Pacific. 

AK halibut jig ........................................................................ 71 None documented. 

American Samoa bottomfish ............................................... fewer than 20 None documented. 

Commonwealth of the Northern Mariana Islands 

bottomfish.

28 None documented. 

Guam bottomfish ................................................................. >300 None documented. 

HI aku boat, pole, and line .................................................. <3 None documented. 

HI bottomfish handline ......................................................... 578 None documented in recent years. 

HI inshore handline .............................................................. 357 None documented. 

HI pelagic handline .............................................................. 534 None documented. 

WA groundfish, bottomfish jig .............................................. 679 None documented. 

Western Pacific squid jig ..................................................... 0 None documented. 

Harpoon Fisheries: 

CA swordfish harpoon ......................................................... 6 None documented. 

Pound Net/Weir Fisheries: 

AK herring spawn on kelp pound net .................................. 291 None documented. 

AK Southeast herring roe/food/bait pound net .................... 2 None documented. 

HI bullpen trap ..................................................................... 3 None documented. 

Bait Pens: 

WA/OR/CA bait pens ........................................................... 13 California sea lion, U.S. 

Dredge Fissheries: 

AK scallop dredge ............................................................... 108 (5 AK) None documented. 

Dive, Hand/Mechanical Collection Fisheries: 

AK clam ............................................................................... 130 None documented. 

AK Dungeness crab ............................................................. 2 None documented. 

AK herring spawn on kelp ................................................... 266 None documented. 

AK miscellaneous invertebrates handpick ........................... 214 None documented. 

HI black coral diving ............................................................ <3 None documented. 

HI fish pond ......................................................................... 5 None documented. 


khammond on DSKJM1Z7X2PROD with RULES
3046 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued 

Fishery description 

Estimated # of 

vessels/persons 

Marine mammal species and/or stocks incidentally killed or injured 

HI handpick .......................................................................... 46 None documented. 

HI lobster diving ................................................................... 19 None documented. 

HI spearfishing ..................................................................... 163 None documented. 

WA/CA kelp ......................................................................... 4 None documented. 

WA/OR bait shrimp, clam hand, dive, or mechanical collection.201 None documented. 

OR/CA sea urchin, sea cucumber hand, dive, or mechanical collection.10 None documented. 

Commercial Passenger Fishing Vessel (Charter Boat) Fisheries: 

AK/WA/OR/CA commercial passenger fishing vessel ......... >7,000 (1,006 

AK) 

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; 1Fishery 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. 2Fishery 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 

Category I 

Gillnet Fisheries: 

Mid-Atlantic gillnet ................................................................ 4,020 Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, Southern Migratory coastal.1

Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern NC estuarine system.1

Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA. 

Gray seal, WNA. 

Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Hooded seal, WNA. 

Humpback whale, Gulf of Maine. 

Minke whale, Canadian east coast. 

Northeast sink gillnet ........................................................... 4,072 Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA. 

Fin whale, WNA. 

Gray seal, WNA.1

Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Harp seal, WNA. 

Humpback whale, Gulf of Maine. 

Minke whale, Canadian east coast. 

North Atlantic right whale, WNA. 

Risso’s dolphin, WNA. 

White-sided dolphin, WNA. 

Trap/Pot Fisheries: 

Northeast/Mid-Atlantic American lobster trap/pot ................ 8,485 Humpback whale, Gulf of Maine. 

Minke whale, Canadian east coast. 

North Atlantic right whale, WNA.1

Longline Fisheries: 

Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 

longline *.

201 Atlantic spotted dolphin, Northern GMX. 

Bottlenose dolphin, Northern GMX oceanic. 

Bottlenose dolphin, WNA offshore. 

Common dolphin, WNA 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3047 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description 

Estimated 

number 

of vessels/ 

persons 

Marine mammal species and/or stocks incidentally killed or injured 

Cuvier’s beaked whale, WNA. 

False killer whale, WNA 

Harbor porpoise, GME, BF. 

Kogia spp. (Pygmy or dwarf sperm whale), WNA. 

Long-finned pilot whale, WNA. 

Mesoplodon beaked whale, WNA. 

Minke whale, Canadian East coast. 

Pantropical spotted dolphin, Northern GMX. 

Pygmy sperm whale, GMX. 

Risso’s dolphin, Northern GMX. 

Risso’s dolphin, WNA. 

Rough-toothed dolphin, Northern GMX. 

Short-finned pilot whale, Northern GMX. 

Short-finned pilot whale, WNA.1

Sperm whale, Northern GMX. 

Category II 

Gillnet Fisheries: 

Chesapeake Bay inshore gillnet 2 ........................................ 265 Bottlenose dolphin, unknown (Northern migratory coastal or 

Southern migratory coastal). 

Gulf of Mexico gillnet 2 ......................................................... 248 Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, GMX bay, sound, and estuarine. 

Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Western GMX coastal. 

NC inshore gillnet ................................................................ 2,676 Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern NC estuarine system.1

Northeast anchored float gillnet 2 ......................................... 852 Harbor seal, WNA. 

Humpback whale, Gulf of Maine. 

White-sided dolphin, WNA. 

Northeast drift gillnet 2 .......................................................... 1,036 None documented. 

Southeast Atlantic gillnet 2 ................................................... 273 Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Northern FL coastal. 

Bottlenose dolphin, SC/GA coastal. 

Bottlenose dolphin, Southern migratory coastal. 

Southeastern U.S. Atlantic shark gillnet .............................. 21 Bottlenose dolphin, unknown (Central FL, Northern FL, SC/GA 

coastal, or Southern migratory coastal). 

North Atlantic right whale, WNA. 

Trawl Fisheries: 

Mid-Atlantic mid-water trawl (including pair trawl) ............... 320 Bottlenose dolphin, WNA offshore. 

Harbor seal, WNA. 

Mid-Atlantic bottom trawl ..................................................... 633 Bottlenose dolphin, WNA offshore.1

Common dolphin, WNA.1

Gray seal, WNA.1

Harbor seal, WNA. 

Risso’s dolphin, WNA.1

White-sided dolphin, WNA. 

Northeast mid-water trawl (including pair trawl) .................. 542 Common dolphin, WNA. 

Gray seal, WNA. 

Harbor seal, WNA. 

Long-finned pilot whale, WNA.1

Northeast bottom trawl ........................................................ 968 Bottlenose dolphin, WNA offshore.1

Common dolphin, WNA. 

Gray seal, WNA.1

Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Harp seal, WNA. 

Long-finned pilot whale, WNA.1

Risso’s dolphin, WNA.1

White-sided dolphin, WNA.1

Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl .... 10,824 Atlantic spotted dolphin, Northern Gulf of Mexico. 

Bottlenose dolphin, Charleston estuarine system. 

Bottlenose dolphin, Eastern GMX coastal.1

Bottlenose dolphin, GMX bay, sound, estuarine.1

Bottlenose dolphin, GMX continental shelf. 

Bottlenose dolphin, Mississippi River Delta. 

Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 


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3048 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description 

Estimated 

number 

of vessels/ 

persons 

Marine mammal species and/or stocks incidentally killed or injured 

Bottlenose dolphin, Northern GMX coastal.1

Bottlenose dolphin, SC/GA coastal.1

Bottlenose dolphin, Southern migratory coastal. 

Bottlenose dolphin, Western GMX coastal.1

Trap/Pot Fisheries: 

Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/ 

pot 2.

1,101 Bottlenose dolphin, Biscayne Bay estuarine. 

Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, FL Bay. 

Bottlenose dolphin, GMX bay, sound, estuarine (FL west 

coast portion). 

Bottlenose dolphin, Indian River Lagoon estuarine system. 

Bottlenose dolphin, Jacksonville estuarine system. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. 

Atlantic mixed species trap/pot 2 .......................................... 3,493 Fin whale, WNA. 

Humpback whale, Gulf of Maine. 

Atlantic blue crab trap/pot .................................................... 6,679 Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Central GA estuarine system.1

Bottlenose dolphin, Charleston estuarine system.1

Bottlenose dolphin, Indian River Lagoon estuarine system. 

Bottlenose dolphin, Jacksonville estuarine system. 

Bottlenose dolphin, Northern FL coastal.1

Bottlenose dolphin, Northern GA/Southern SC estuarine system. 

Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Northern SC estuarine system. 

Bottlenose dolphin, SC/GA coastal. 

Bottlenose dolphin, Southern GA estuarine system. 

Bottlenose dolphin, Southern Migratory coastal.1

Bottlenose dolphin, Southern NC estuarine system. 

West Indian manatee, FL. 

Purse Seine Fisheries: 

Gulf of Mexico menhaden purse seine ............................... 40–42 Bottlenose dolphin, GMX bay, sound, estuarine. 

Bottlenose dolphin, Mississippi River Delta. 

Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Northern GMX coastal.1

Bottlenose dolphin, Western GMX coastal.1

Mid-Atlantic menhaden purse seine 2 .................................. 17 Bottlenose dolphin, Northern Migratory coastal. 

Bottlenose dolphin, Southern Migratory coastal. 

Haul/Beach Seine Fisheries: 

Mid-Atlantic haul/beach seine .............................................. 359 Bottlenose dolphin, Northern Migratory coastal.1

Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern Migratory coastal.1

NC long haul seine .............................................................. 22 Bottlenose dolphin, Northern NC estuarine system.1

Bottlenose dolphin, Southern NC estuarine system. 

Stop Net Fisheries: 

NC roe mullet stop net ........................................................ 1 Bottlenose dolphin, Northern NC estuarine system. 

Bottlenose dolphin, unknown (Southern migratory coastal or 

Southern NC estuarine system). 

Pound Net Fisheries: 

VA pound net ....................................................................... 20 Bottlenose dolphin, Northern migratory coastal. 

Bottlenose dolphin, Northern NC estuarine system. 

Bottlenose dolphin, Southern Migratory coastal.1

Category III 

Gillnet Fisheries: 

Caribbean gillnet .................................................................. 127 None documented in the most recent 5 years of data. 

DE River inshore gillnet ....................................................... unknown None documented in the most recent 5 years of data. 

Long Island Sound inshore gillnet ....................................... unknown None documented in the most recent 5 years of data. 

RI, southern MA (to Monomoy Island), and NY Bight (Raritan and Lower NY Bays) inshore gillnet.unknown None documented in the most recent 5 years of data. 

Southeast Atlantic inshore gillnet ........................................ unknown Bottlenose dolphin, Northern SC estuarine system. 

Trawl Fisheries: 

Atlantic shellfish bottom trawl .............................................. >58 None documented. 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3049 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description 

Estimated 

number 

of vessels/ 

persons 

Marine mammal species and/or stocks incidentally killed or injured 

Gulf of Mexico butterfish trawl ............................................. 2 Bottlenose dolphin, Northern GMX oceanic. 

Bottlenose dolphin, Northern GMX continental shelf. 

Gulf of Mexico mixed species trawl ..................................... 20 None documented. 

GA cannonball jellyfish trawl ............................................... 1 Bottlenose dolphin, SC/GA coastal. 

Marine Aquaculture Fisheries: 

Finfish aquaculture .............................................................. 48 Harbor seal, WNA. 

Shellfish aquaculture ........................................................... unknown None documented. 

Purse Seine Fisheries: 

Gulf of Maine Atlantic herring purse seine .......................... >7 Harbor seal, WNA. 

Gulf of Maine menhaden purse seine ................................. >2 None documented. 

FL West Coast sardine purse seine .................................... 10 Bottlenose dolphin, Eastern GMX coastal. 

U.S. Atlantic tuna purse seine * ........................................... 5 None documented in most recent 5 years of data. 

Longline/Hook and Line Fisheries: 

Northeast/Mid-Atlantic bottom longline/hook-and-line ......... >1,207 None documented. 

Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish 

hook-and-line/harpoon.

2,846 Humpback whale, Gulf of Maine. 

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean 

snapper-grouper and other reef fish bottom longline/ 

hook-and-line.

>5,000 Bottlenose dolphin, GMX continental shelf. 

Southeastern U.S. Atlantic, Gulf of Mexico shark bottom 

longline/hook-and-line.

39 Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, Northern GMX continental shelf. 

Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean 

pelagic hook-and-line/harpoon.

680 None documented. 

U.S. Atlantic, Gulf of Mexico trotline ................................... unknown None documented. 

Trap/Pot Fisheries: 

Caribbean mixed species trap/pot ....................................... 154 Bottlenose dolphin, Puerto Rico and United States Virgin Islands. 

Caribbean spiny lobster trap/pot ......................................... 40 None documented. 

FL spiny lobster trap/pot ...................................................... 1,268 Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, FL Bay estuarine. 

Bottlenose dolphin, FL Keys. 

Gulf of Mexico blue crab trap/pot ........................................ 4,113 Bottlenose dolphin, Barataria Bay. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, GMX bay, sound, estuarine. 

Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Western GMX coastal. 

West Indian manatee, FL. 

Gulf of Mexico mixed species trap/pot ................................ unknown None documented. 

Southeastern U.S. Atlantic, Gulf of Mexico golden crab 

trap/pot.

10 None documented. 

U.S. Mid-Atlantic eel trap/pot ............................................... unknown None documented. 

Stop Seine/Weir/Pound Net/Floating Trap/Fyke Net Fisheries: 

Gulf of Maine herring and Atlantic mackerel stop seine/ 

weir.

>1 Harbor porpoise, GME/BF. 

Harbor seal, WNA. 

Minke whale, Canadian east coast. 

Atlantic white-sided dolphin, WNA. 

U.S. Mid-Atlantic crab stop seine/weir ................................ 2,600 None documented. 

U.S. Mid-Atlantic mixed species stop seine/weir/pound net 

(except the NC roe mullet stop net).

unknown Bottlenose dolphin, Northern NC estuarine system. 

RI floating trap ..................................................................... 9 None documented. 

Northeast and Mid-Atlantic fyke net .................................... unknown None documented. 

Dredge Fisheries: 

Gulf of Maine sea urchin dredge ......................................... unknown None documented. 

Gulf of Maine mussel dredge .............................................. unknown None documented. 

Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge .......... >403 None documented. 

Mid-Atlantic blue crab dredge .............................................. unknown None documented. 

Mid-Atlantic soft-shell clam dredge ..................................... unknown None documented. 

Mid-Atlantic whelk dredge ................................................... unknown None documented. 

U.S. Mid-Atlantic/Gulf of Mexico oyster dredge .................. 7,000 None documented. 

New England and Mid-Atlantic offshore surf clam/quahog 

dredge.

unknown None documented. 

Haul/Beach Seine Fisheries: 


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3050 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— 

Continued 

Fishery description 

Estimated 

number 

of vessels/ 

persons 

Marine mammal species and/or stocks incidentally killed or injured 

Caribbean haul/beach seine ................................................ 38 West Indian manatee, Puerto Rico. 

Gulf of Mexico haul/beach seine ......................................... unknown None documented. 

Southeastern U.S. Atlantic haul/beach seine ...................... 25 None documented. 

Dive, Hand/Mechanical Collection Fisheries: 

Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, 

hand/mechanical collection.

20,000 None documented. 

Gulf of Maine urchin dive, hand/mechanical collection ....... unknown None documented. 

Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net.unknown None documented. 

Commercial Passenger Fishing Vessel (Charter Boat) Fisheries: 

Atlantic Ocean, Gulf of Mexico, Caribbean commercial 

passenger fishing vessel.

4,000 Bottlenose dolphin, Barataria Bay estuarine system. 

Bottlenose dolphin, Biscayne Bay estuarine. 

Bottlenose dolphin, Central FL coastal. 

Bottlenose dolphin, Choctawhatchee Bay. 

Bottlenose dolphin, Eastern GMX coastal. 

Bottlenose dolphin, FL Bay. 

Bottlenose dolphin, GMX bay, sound, estuarine. 

Bottlenose dolphin, Indian River Lagoon estuarine system. 

Bottlenose dolphin, Jacksonville estuarine system. 

Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay 

Boudreau. 

Bottlenose dolphin, Northern FL coastal. 

Bottlenose dolphin, Northern GA/Southern SC estuarine. 

Bottlenose dolphin, Northern GMX coastal. 

Bottlenose dolphin, Northern migratory coastal. 

Bottlenose dolphin, Northern NC estuarine. 

Bottlenose dolphin, Southern migratory coastal. 

Bottlenose dolphin, Southern NC estuarine system. 

Bottlenose dolphin, SC/GA coastal. 

Bottlenose dolphin, Western GMX coastal. 

Short-finned pilot whale, WNA. 

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; 1Fishery 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; 2Fishery classified by analogy; and 

* Fishery has an associated high seas component listed in Table 3. 

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. 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3051 

TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued 

Fishery description 

Number of 

HSFCA permits 

Marine mammal species and/or stocks incidentally killed or injured 

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. 

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. 


khammond on DSKJM1Z7X2PROD with RULES
3052 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

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. 

Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 

CFR 229.31.

Category II 

CA thresher shark/swordfish drift gillnet (≥14 in mesh). 

Atlantic Trawl Gear Take Reduction Team (ATGTRT) ..................... Category II 

Mid-Atlantic bottom trawl. 

Mid-Atlantic mid-water trawl (including pair trawl). 

Northeast bottom trawl. 

Northeast mid-water trawl (including pair trawl). 

List of Symbols Used in Table 4: 

* 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 rule 

would not have a significant economic 

impact on a substantial number of small 

entities. No comments were received on 

that certification, and no new 

information has been discovered to 

change that conclusion. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

This rule contains existing collectionof-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). 

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 rule has been determined to be 

not significant for the purposes of 

Executive Orders 12866 and 13563. 

This rule is not expected to be an 

Executive Order 13771 regulatory action 

because this rule is not significant under 

Executive Order 12866. 

In accordance with the Companion 

Manual for NOAA Administrative Order 

(NAO) 216–6A, NMFS determined that 

publishing this 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, 


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Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3053 

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 

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 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 

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 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 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 

Baird, R.W., and D.L. Webster. 2020. Using 

dolphins to catch tuna: Assessment of 

associations between pantropical spotted 

dolphins and yellowfin tuna hook and 

line fisheries in Hawai‘i. Fisheries 

Research. 230. (2020):105652. 

Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. 

Cullins, D.J. McSweeney, E.M. Oelson, 

A.L. Bradford, J. Barlow, D.L. Webster. 

False Killer Whales and Fisheries 

Interaction in Hawaiian Waters: 

Evidence for Sex Bias and Variation 

Among Populations and Social Groups. 

2014. Marine Mammal Science 31(2): 

579–590. 

Bradford A.L. and E.G. Lyman. 2019. Injury 

determinations for humpback whales 

and other cetaceans reported to NOAA 

response networks in the Hawaiian 

Islands during 2017. U.S. Dept. of 

Commerce, NOAA Technical 

Memorandum NMFS–PIFSC–81, 18 p. 

Bradford A.L. and E. Lyman. 2018. Injury 

determinations for humpback whales 

and other cetaceans reported to the 

Hawaiian Islands Disentanglement and 

Pacific Islands Marine Mammal 

Response Networks during 2013–2016. 

NOAA Technical Memorandum. NMFS– 

PIFSC–75. 24 pp. 

Bradford, A.L., E.M. Oleson, R.W. Baird, C.H. 

Boggs, K.A. Forney, and N.C. Young. 

2015. Revised stock boundaries for false 

killer whales (Pseudorca crassidens) in 

Hawaiian waters. U.S. Department. 

Commerce, NOAA Technical 

Memorandum. NOAA–NMFS–PIFSC–47, 

29 p. 

Hayes, S.A., Josephson, E., Maze-Foley, K., 

Rosel, P.E., 2020. US Atlantic and Gulf 

of Mexico Marine Mammal Stock 

Assessments 2019. NOAA Technical 

Memorandum NMFS–NE–264, 479 p. 

Henry A, Garron M, Reid A, Morin D, 

Ledwell W, Cole TVN. 2019. Serious 

injury and mortality determinations for 

baleen whale stocks along the Gulf of 

Mexico, United States East Coast, and 

Atlantic Canadian Provinces, 2012–2016. 

US Department of Commerce, Northeast 

Fish Sci Cent Ref Doc. 19–13; 54 p. 

Muto, M.M, V.T. Helker, R.P. Angliss, B.A. 

Allen, P.L. Boveng, J.M. Breiwick, M.F. 

Cameron, P.J. Clapham, S.P. Dahle, M.E. 

Dahlheim, B.S. Fadely, M.C. Ferguson, 

L.W. Fritz, R.C. Hobbs, Y.V. 

Ivashchenko, A.S. Kennedy, J.M. 

London, S.A. Mizroch, R.R. Ream, E.L. 

Richmond, K.E.W. Shelden, R.G. Towell, 

P.R. Wade, J.M. Waite, and A.N. Zerbini. 

2017. Alaska Marine Mammal Stock 

Assessments, 2016. NOAA Technical 

Memorandum NOAA–TM–NMFS– 

AFSC–355. 367 p. 

National Marine Fisheries Service. 2016. 

Guidelines for Preparing Stock 

Assessment Reports Pursuant to the 1994 

Amendments to the MMPA. 02–204–01. 

25 p. (Available at: https://

www.fisheries.noaa.gov/webdam/ 

download/64690366) 

Authority: MMPA, 16 U.S.C. 1361 et seq. 

Dated: January 8, 2021. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–00570 Filed 1–13–21; 8:45 am] 

BILLING CODE 3510–22–P 


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