Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 43491 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 210730–0153] 

RIN 0648–BK40 

List of Fisheries for 2022 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comment. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

proposed List of Fisheries (LOF) for 

2022, as required by the Marine 

Mammal Protection Act (MMPA). The 

LOF for 2022 reflects new information 

on interactions between commercial 

fisheries and marine mammals. NMFS 

must classify each commercial fishery 

on the LOF into one of three categories 

under the MMPA based upon the level 

of mortality and serious injury of marine 

mammals that occurs incidental to each 

fishery. The classification of a fishery on 

the LOF determines whether 

participants in that fishery are subject to 

certain provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan (TRP) requirements. 

DATES: Comments must be received by 

September 8, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2021–0020, by either of the 

following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2021–0020 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Submit written comments to 

Chief, Marine Mammal and Sea Turtle 

Conservation Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter N/ 

A in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Taylor, Office of Protected 

Resources, 301–427–8402; Allison 

Rosner, Greater Atlantic Region, 978– 

281–9328; Jessica Powell, Southeast 

Region, 727–824–5312; Dan Lawson, 

West Coast Region, 206–526–4740; 

Suzie Teerlink, Alaska Region, 907– 

586–7240; Diana Kramer, Pacific Islands 

Region, 808–725–5167. Individuals who 

use a telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800– 

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

What is the List of Fisheries? 

Section 118 of the MMPA requires 

NMFS to place all U.S. commercial 

fisheries into one of three categories 

based on the level of incidental 

mortality and serious injury of marine 

mammals occurring in each fishery (16 

U.S.C. 1387(c)(1)). The classification of 

a fishery on the LOF determines 

whether participants in that fishery may 

be required to comply with certain 

provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan requirements. NMFS 

must reexamine the LOF annually, 

considering new information in the 

Marine Mammal Stock Assessment 

Reports (SARs) and other relevant 

sources, and publish in the Federal 

Register any necessary changes to the 

LOF after notice and opportunity for 

public comment (16 U.S.C. 1387 

(c)(1)(C)). 

How does NMFS determine in which 

category a fishery is placed? 

The definitions for the fishery 

classification criteria can be found in 

the implementing regulations for section 

118 of the MMPA (50 CFR 229.2). The 

criteria are also summarized here. 

Fishery Classification Criteria 

The fishery classification criteria 

consist of a two-tiered, stock-specific 

approach that first addresses the total 

impact of all fisheries on each marine 

mammal stock and then addresses the 

impact of individual fisheries on each 

stock. This approach is based on 

consideration of the rate, in numbers of 

animals per year, of incidental 

mortalities and serious injuries of 

marine mammals due to commercial 

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. 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. 


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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 2022 

LOF generally summarizes data from 

2014–2018. NMFS also reviews other 

sources of new information, including 

injury determination reports, bycatch 

estimation reports, observer data, 

logbook data, stranding data, 

disentanglement network data, 

fishermen self-reports (i.e., MMPA 

mortality/injury reports), and anecdotal 

reports from that time period. In some 

cases, more recent information may be 

available and used in the LOF. 

For fisheries with observer coverage, 

species or stocks are generally removed 

from the list of marine mammal species 

and/or stocks incidentally killed or 

injured if no interactions are 

documented in the 5-year timeframe 

summarized in that year’s LOF. For 

fisheries with no observer coverage and 

for observed fisheries with evidence 

indicating that undocumented 

interactions may be occurring (e.g., 

fishery has low observer coverage and 

stranding network data include 

evidence of fisheries interactions that 

cannot be attributed to a specific 

fishery) species and stocks may be 

retained for longer than 5 years. For 

these fisheries, NMFS will review the 

other sources of information listed 

above and use its discretion to decide 

when it is appropriate to remove a 

species or stock. 

Where does NMFS obtain information 

on the level of observer coverage in a 

fishery on the LOF? 

The best available information on the 

level of observer coverage and the 

spatial and temporal distribution of 

observed marine mammal interactions is 

presented in the SARs. Data obtained 

from the observer program and observer 

coverage levels are important tools in 

estimating the level of marine mammal 

mortality and serious injury in 

commercial fishing operations. Starting 

with the 2005 SARs, each Pacific and 

Alaska SAR includes an appendix with 

detailed descriptions of each Category I 

and II fishery on the LOF, including the 

observer coverage in those fisheries. For 

Atlantic fisheries, this information can 

be found in the LOF Fishery Fact 

Sheets. The SARs do not provide 

detailed information on observer 

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 


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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. 

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

CONTACT). Authorization certificates 

may also be obtained by visiting the 

MMAP website https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-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). 

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 CONTACT). 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; 


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(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 

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 2022 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 2022 was based on, 

among other things, stranding data; 

fishermen self-reports; and SARs, 

primarily the 2020 SARs, which are 

based on data from 2014–2018. The 

SARs referenced in this LOF include: 

2018 (84 FR 28489; June 19, 2019), 2019 

(84 FR 65353; November 27, 2019), and 

draft 2020 (85 FR 78307; December 4, 

2020). The SARs are available at: 

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

national/marine-mammal-protection/ 

marine-mammal-stock-assessmentreports-region. 

Summary of Changes to the LOF for 

2022 

The following summarizes changes to 

the LOF for 2022, including the 

classification of fisheries, fisheries 

listed, the estimated number of vessels/ 

persons in a particular fishery, and the 

species and/or stocks that are 

incidentally killed or injured in a 

particular fishery. NMFS re-classifies 

one fishery in the LOF for 2022. 

Additionally, NMFS adds four fisheries 

to the LOF. NMFS also makes changes 

to the estimated number of vessels/ 

persons and list of species and/or stocks 

killed or injured in certain fisheries. 

Many Category III fisheries on the LOF 

have never been described in the LOF. 

While detailed information describing 

each fishery on the LOF has been 

included within the SARs for some 

fisheries, a FMP, TRP, or by state 

agencies, general descriptive 

information is also included here to 

clearly define each fishery that is on the 

LOF. Since the 2016 LOF (80 FR 58427; 

September 29, 2015), NMFS has been 

developing Category III fishery fact 

sheets that are available online at: 

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

national/marine-mammal-protection/ 

list-fisheries-summary-tables. NMFS is 

requesting public comment on the 

fisheries descriptions below to include 

as fact sheet content. The classifications 

and definitions of U.S. commercial 

fisheries for 2022 are identical to those 

provided in the LOF for 2021 with the 

changes discussed below. State and 

regional abbreviations used in the 

following paragraphs include: AK 

(Alaska), BSAI (Bering Sea, Aleutian 

Island), CA (California), Gulf of Alaska 

(GOA), HI (Hawaii), Maine Hawaiian 

Islands (MHI), OR (Oregon), WA 

(Washington), and WNA (Western North 

Atlantic). 

Commercial Fisheries in the Pacific 

Ocean 

Classification of Fisheries 

NMFS proposes to reclassify the 

Category II AK Bering Sea, Aleutian 

Island (BSAI) rockfish trawl fishery to a 

Category III fishery. One killer whale 

(Gulf of Alaska, BSAI transient stock) 

mortality in 2012 was driving the 

Category II classification of this fishery. 

From 2014–2018, this fishery had 100 

percent observer coverage, and no 

additional killer whale M/SI have been 

observed or reported in this timeframe 

for this fishery (Muto et al., 2021). 

Therefore, NMFS proposes to reclassify 

the AK BSAI rockfish trawl fishery from 

a Category II to a Category III fishery. 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 43495 

Addition of Fisheries 

NMFS proposes to add the WA/OR/ 

CA other groundfish pot fishery as a 

Category III fishery. This new Category 

III fishery includes pot fishing effort 

from the previously named Category III 

CA nearshore finfish live trap/hook-andline fishery and other groundfish pot 

fishing effort (separate from the 

sablefish pot fishery) that is not 

currently included on the LOF. 

The groundfish pot fishery (other than 

sablefish) in WA/OR/CA targets close to 

100 different species that generally live 

on or near the bottom. There are over 60 

different rockfish species, which 

includes widow, yellowtail, canary, 

chilipepper, yelloweye, and vermilion 

rockfish. Important species of flatfish 

include Dover sole, petrale sole, starry 

and arrowtooth flounder, and Pacific 

sanddab. Other target species include 

boccaccio, cowcod, thornyheads, and 

Pacific Ocean perch. Due to the variety 

of species, there is significant variation 

in the areas and depths where the gear 

is fished. Depths can range from 11–722 

fathoms (20–1,300 meters). The 

locations where fishermen are allowed 

to fish are limited by federal and statedesignated conservation areas (e.g., the 

Rockfish Conservation Area). The 

fishery operates year-round. 

The traps can be either rectangular, 

conical or trapezoidal in shape. Conical 

traps are typically 36–72 inches (91–182 

centimeters) in diameter. In California, 

the diameter limit is 92 inches (233 

centimeters) maximum. All traps are 

between 28–32 inches (71–81 

centimeters) in height. A destructive 

device capable of leaving an 8-inch (20 

centimeter) in diameter opening is 

required. Line consists of a nylon or 

nylon poly-blend material of 3⁄8–5⁄8 inch 

diameter, attached to a string of pots/ 

traps on one end, and a large polyball 

at the surface. The open access fishery 

uses 1–8 strings of 3–4 pots; the limited 

entry fishery uses 20–30 of these strings. 

Whether traps are used individually or 

in a string, it is mandatory that the 

surface end or terminal end be marked 

with a pole, flag, radar reflector, and a 

buoy. In California, the license number 

of the fisher is displayed on the polyball 

with an accompanying ‘‘B’’. The gear 

must be attended to at least once every 

7 days. 

There are over 100 species managed 

under the Pacific Fishery Management 

Council’s (PFMC) Pacific Coast 

Groundfish FMP. It outlines the areas, 

species, regulations, and the process 

that is used to make changes to the 

fishery. The plan also creates guidelines 

for the biennial process of setting 

harvest levels. The fishery is managed 

under two sectors; limited entry and 

open access. Both sectors generally 

share regulations applied to other 

groundfish fisheries such as, quotas, 

harvest guidelines, trip and landing 

limits, area restrictions, seasonal 

closures, and gear restrictions. 

Access to the limited entry fishery 

requires a limited entry permit, in 

addition to gear endorsements required 

by the individual states. Specifically, 

there is a limited entry permit with a 

non-sablefish fixed gear endorsement. 

Individual vessel landing limits are 

enforced. Open access privileges are 

currently available to any fishermen 

with the required state gear 

endorsements, but catch quotas and area 

closures are more restrictive than the 

primary limited entry permit. Open 

access quotas vary based upon the area 

fished. 

There are currently 68 participants in 

this fishery. In the Open Access fixed 

gear fishery, observer coverage rates 

during 2009–2018 ranged from 2–12 

percent. Historically, there have been no 

documented marine mammal 

mortalities or injuries incidental to the 

components of this fishery. Therefore, 

NMFS proposes to add this fishery as a 

Category III fishery. 

NMFS proposes to add the CA other 

crab/shellfish pot fishery as a Category 

III fishery. This new Category III fishery 

targets several species of crab (e.g., 

spider or sheep, Tanner crab) and other 

shellfish species (e.g., Kellet’s whelk) 

using trap/pot gear. 

The majority of effort for Tanner crabs 

occurs in northern California out of 

Eureka and Crescent City. Otherwise, 

most of the components of this fishery 

are primarily active south of Point 

Conception from Santa Barbara to San 

Diego. 

Tanner crab pots/traps are larger (up 

to 10 ft (3 m) x 10 ft (3 m)) than those 

used to target other species, with a 

depth of no more than 42 inches (107 

centimeters). The traps consist either of 

3 mm polyethylene web or vinyl-coated 

steel wire with at least three openings 

of 4.5 inches (11 centimeters) inside 

diameter on the sides and upper panel 

of the trap, to allow undersized crabs to 

escape. Up to 480 traps can be used per 

permitted vessel, with a maximum of 80 

traps used per a single string. Every 

string of traps is marked with a buoy on 

each end, and each buoy is marked with 

the vessel’s commercial boat registration 

number preceded by the letters ‘‘TC’’. 

The gear used to target other species 

in this fishery are generally similar to 

pots/traps used to catch other 

prominent shellfish species that include 

Dungeness crab, rock crab, and spiny 

lobster. Destructive devices that create 

an unobstructed opening anywhere in 

the top or upper half of the trap when 

the material corrodes or fails are 

required. Most traps are fished 

singularly, but strings of 5–25 traps may 

be used to target some species. 

A Tanner crab trap vessel permit is 

required by the state of California. There 

is a 5-inch (12.7 centimeters) minimum 

carapace size limit, and measuring 

devices should be present on the vessel 

at all times. Only males are allowed to 

be retained. The cumulative trip limits 

for each permitted vessel are 250,000 

pounds (113,398 kilograms) of whole 

crab over each 2-month period. There is 

an annual catch limit of 2 million 

pounds for the period from April 1 to 

March 31 of the following year. When 

the limit is close to being reached, the 

State can give notice of at least 10 days 

before the closure. No finfish other than 

sablefish are allowed to be retained 

under the Tanner crab permit. Observers 

and logbooks are required for the 

Tanner crab fishery. 

Spider crab and other species can be 

landed under a general trap permit from 

the State of California. The total 

allowable catch of spider crab for the 

entire state is 95,000 pounds (43,091 

kilograms) landed during a calendar 

year. 

There are currently 40 participants in 

this fishery. There is partial observer 

coverage for this fishery, there have 

been no documented marine mammal 

mortalities or injuries from stranding or 

other data. Therefore, NMFS proposes to 

add this fishery as a Category III fishery. 

NMFS proposes to add the CA/OR/ 

WA non-albacore Highly Migratory 

Species (HMS) hook and line fishery as 

a Category III fishery. This new Category 

III fishery includes hook and line 

fishing gear not covered by fisheries 

currently included on the LOF. Fishing 

effort using troll and other surface hook 

and line gear targeting HMS are not 

captured in the two currently named 

HMS hook and line fisheries on the LOF 

(Category III WA/OR/CA albacore 

surface hook and line/troll fishery and 

Category III CA pelagic longline fishery). 

Hook and line fisheries for nonalbacore HMS species occur in Federal 

waters (3–200 nm), mostly in the 

Southern California Bight with very 

little effort occurring north of Point 

Conception. The species targeted 

include swordfish, tuna (bluefin and 

yellowfin), thresher shark (common, 

bigeye, and pelagic), shortfin mako 

shark, dorado, and opah. 

The fisheries operate year-round. 

Fishing effort generally starts during late 

spring/early summer and starts 

dropping off towards late fall/early 

winter, depending on the availability 


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and movement patterns of HMS. The 

presence of large scale ocean/climate 

conditions such as El Nin ̃ o and La Nin ̃ a 

can influence the movement of HMS 

species considerably. A wide variety of 

depths within the water column may be 

targeted depending on species and other 

factors. 

The main type of hook and line gear 

used for non-albacore HMS is troll gear, 

although other surface hook and line 

gear such as rod-and-reel and hand lines 

may be used. Troll gear typically 

includes one or more lines with lures or 

baited hooks attached that are drawn 

(‘‘trolled’’) through the water column at 

various depths, depending on species 

targeted. 

All HMS require a Federal HMS 

permit, and additional state permits 

may apply. All West Coast non-albacore 

hook and line fisheries are open access. 

There are no limits to the number of 

species that can be landed, with the 

exception of bluefin tuna trip limits 

specified through the Inter-American 

Tropical Tuna Commission. Logbooks 

are required for all fisheries targeting 

HMS, and some HMS fisheries are 

required to carry observers. 

There are currently 124 participants 

in this fishery. Historically, there have 

been no documented marine mammal 

mortalities or injuries incidental to the 

components of this fishery. Therefore, 

this fishery is being proposed as a 

Category III fishery. 

Fishery Name and Organizational 

Changes and Clarification 

NMFS proposes to remove the 

superscript ‘‘1’’ from the Main Hawaiian 

Islands (MHI) insular stock of false 

killer whale to indicate the stock is no 

longer driving the Category I 

classification of the HI deep-set longline 

fishery. The total estimated annual M/ 

SI of the MHI insular stock of false killer 

whale in the HI deep-set longline 

fishery for the 5-year period of 2014– 

2018 is 0.03 animals, which represents 

10 percent of PBR (0.3) (Carretta et al., 

2021). 

NMFS corrects an administrative error 

in Table 1. NMFS adds the superscript 

‘‘1’’ CA/OR/WA stock of humpback 

whales to indicate the stock is driving 

the Category II classification of the CA 

coonstripe shrimp pot fishery. This 

fishery was reclassified in the 2020 LOF 

(85 FR 21079; April 16, 2020) based on 

one entangled humpback whale, but 

Table 1 did not indicate that the stock 

is driving the Category II classification. 

NMFS proposes to rename the 

Category III WA/OR herring, smelt, 

squid purse seine or lampara fishery to 

the WA/OR herring, anchovy, smelt, 

squid purse seine or lampara fishery to 

indicate anchovy is a target species of 

this fishery. This fishery includes 

fishing for herring, anchovy, smelt, 

market squid, and other baitfish that 

occur in inland and coastal waters of 

Oregon and Washington, including bays 

and estuaries. Some portions of the 

fishery are generally open year round, 

but there are other variations depending 

on target species and gear type. 

Fishermen use a variety of gear types 

in this fishery including: Purse seine, 

lampara net, drag seine, and dip bag net 

gear. A purse seine is a large wall of 

netting deployed around an entire 

school of fish. When a school of target 

species is located, a skiff will encircle 

the school with one end of the seine 

attached to it while the other end is 

attached to the fishing vessel itself. 

Once the skiff circles back around to the 

vessel, the lead line at the bottom of the 

seine is pulled in ‘‘pursing’’ the net 

closed on the bottom preventing the fish 

from escaping when swimming 

downward. 

Purse seine, drag seine, and lampara 

nets have a minimum mesh size of a 1⁄2- 

inch (12.7 mm) stretched. In Puget 

Sound, lampara nets are allowed to be 

up to 200 feet (60.96 m) in length. The 

maximum length of purse seine nets 

varies by location with the smallest 

maximum length of 300 feet (91.44 m) 

in inland Oregon to the largest 

allowable length of 1,400 feet in the 

offshore and coastal waters of 

Washington. Drag seines used in 

Willapa Bay, Grays Harbor, and the 

Lower Columbia River can be a 

maximum of 350 feet (106.68 m) long 

with a 11⁄4 inch (31.75 mm) minimum 

stretch measure net mesh size. Squid 

fishing in Washington’s waters involves 

dip net bags with a maximum diameter 

of 10 feet (3.05 m) and maximum size 

of 18 feet (5.47 m), and a minimum 

mesh size of 1-inch (25.4 mm). 

There is some overlap of the 

management of this fishery with the 

PFMC’s Coastal Pelagic Species FMP in 

coastal and offshore waters. There are 

additional state regulations that govern 

the harvest of some species. State 

permits are generally required to fish for 

each species type and/or gear used 

within Washington’s coastal and inland 

waters (e.g., Puget Sound herring 

lampara fishery license, smelt dip bag 

license). Many of the permits are open 

access, with some exceptions that 

include limited entry permits for 

herring fisheries on the Washington 

coast, and the Yaquina Bay herring roe 

purse seine fishery in Oregon. 

Logbooks are required for some 

species/gear used in each state. Catch 

limits for individual landings or total 

fleet catch may apply. For example, 

both states limit the landing of anchovy 

to 5 metric tons (mt) daily, and to 10 mt 

weekly (in Oregon this applies to 

anchovy caught within inland waters). 

Other examples include that the Puget 

Sound herring fishery is closed by 

emergency regulation if the harvest 

exceeds 10 percent of the adult 

spawning biomass. There are limits on 

how much catch can be converted into 

fish meal or other products. Incidental 

bycatch of non-target species (not 

including protected species) may be 

allowed up to certain limits depending 

on the fishery type and the species 

incidentally caught. 

NMFS proposes to rename the 

Category III WA salmon purse seine 

fishery to the WA salmon seine fishery 

to clarify that both purse seine and 

beach seine gear are used to target 

salmon in the Washington state salmon 

fishery. The fishery targets sockeye, 

Chinook, pink, coho, and chum salmon 

within Puget Sound, Washington. The 

purse seine fishery occurs in central 

Puget Sound, the San Juan Islands, and 

Hood Canal. The fishery usually begins 

around mid-July and extends until early 

December, with individual regions 

opening and closing at different times 

within the overall fishing season. The 

beach seine salmon fishery is an 

experimental fishery targeting Chinook 

and coho that is only authorized in 

Hood Canal. The season runs from late 

July to late September, depending upon 

the region within the Hood Canal. 

Purse seines may have a maximum 

length of 1,800 feet (548 m) along the 

cork line, and the net and lead line 

combined cannot exceed 2,200 feet (670 

m). The minimum mesh size of purse 

seine nets is 3.5 inches (88.9 mm) and 

cannot be made of a twine-size smaller 

than 210/30d nylon, 12-thread cotton, or 

an equivalent diameter material. There 

are also specific requirements for the 

configuration of the cork line in the 

bunt. In some areas, a brailer and 

recovery box may be required. 

Beach seining involves a net that is 

able to encircle a group of fish adjacent 

to a beach with one end of the net 

attached to a designated boat. The beach 

seine net cannot be longer than 990 feet 

(301 m), or more than 200 meshes in 

depth. The mesh must be between 3 

(76.2 mm) and 4 (101.6 mm) inches and 

made of twine no smaller than 210/30d 

nylon, 12 thread cotton, or an 

equivalent material. 

The Washington Department of Fish 

and Wildlife (WDFW), Puget Sound 

Treaty Tribes, and NMFS jointly manage 

salmon harvest in Washington. The 

salmon purse seine fishery requires a 

limited entry permit, which is 

transferable. The fishery is managed 


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through season openings, mesh size 

limits, and limits regarding the amount 

of time and effort allowed each day or 

night within the various areas. A 

portion of the fishery is managed by the 

Fraser River Panel, which is composed 

of representatives from the U.S. and 

Canada. A ‘‘Fish Friendly’’ best fishing 

practices workshop has to be attended 

by fishermen in order to fish in certain 

areas. The take of certain salmon species 

is prohibited in specific areas, and they 

have to be released immediately if 

captured. 

Participation in the beach seine 

fishery involves acquiring a beach seine 

permit from WDFW (available since 

2009). The permit holder must 

participate on the designated vessel in 

the open fishery. WDFW may require a 

logbook to be submitted to prove 

participation. Only a few permits are 

issued each year. All non-target fish 

must be released. WDFW deploys 

observers for this fishery. 

For both the purse seine and beach 

seine fisheries, every fisherman is 

required to report lost netting to the 

WDFW. For these fisheries, emergency 

regulations and in-season changes can 

occur based on stock allocations and 

conservation objectives. 

NMFS proposes to combine the 

Category III CA halibut hook and line/ 

handline fishery and Category III CA 

white seabass hook and line/handline 

fishery, and name it the Category III CA 

halibut, white seabass, and yellowtail 

hook and line/handline fishery. This 

combination is based on considerable 

overlap in spatial distribution of target 

species, participants, landings and gear 

used in the fisheries. There are 388 

participants in the fishery. 

This fishery targets California halibut, 

white seabass, and yellowtail, although 

a mix of other species are also taken 

simultaneously including groundfish 

and pelagic species. Effort generally 

takes place in less than 55 fathoms (100 

m) of water, and within 3 nm of the 

shoreline. The fishery is active all along 

the coast of California, although much 

of the effort for certain species occurs in 

the Southern California Bight. 

The hook and line gear used includes 

several types of gear configurations: 

Troll, pole and line and longline. There 

are two types of longline gear that may 

be used in this fishery. The first one 

being a bottom longline with a main line 

extending horizontally along the 

seafloor with short lines attached to it 

at intervals, each culminating into a 

baited hook. The second type is called 

a vertical longline with a line that is 

weighted on the bottom end that is 

anchored to the seafloor, attached to a 

buoy (or buoys) on the top end at the sea 

surface that suspends the line vertically. 

Attached to the main vertical line are 

short lines at intervals, each 

culminating into baited hooks. 

This is an open access fishery 

requiring a Resident Commercial 

Fishing License. A Commercial Ocean 

Enhancement Stamp is required for 

commercial fishermen who take, 

possess, or land any white sea bass 

south of Point Arguello. Other Federal 

and state regulations can be applicable 

depending on which species are caught 

and landed. Any gear that is not 

attached to the vessel must be attached 

to buoys floating on the surface and 

marked on the upper half with a 

commercial fishing license 

identification number at least 2 inches 

(50.8 mm) in height. Only a certain 

number of lines and hooks per line, and 

different types of hook and line gear 

configurations, are allowed in each of 

the districts especially where effort may 

occur less than 1 nm from shore (e.g., 

troll lines, longline gear cannot be 

fished in waters less than 1 nm from 

shore). 

Troll and hand lines are limited to 

900 feet (274 m) or less; only longlines 

can exceed this limit. All hooks present 

have to be below the upper one third of 

any vertical longline gear used. There 

are exemptions within certain districts 

to the number hooks that may be used 

in conjunction with certain gear types if 

the target species consists of at least 80 

percent of the total catch. 

NMFS proposes to rename the 

Category III WA/OR Pacific halibut 

longline fishery to the WA/OR/CA 

Pacific halibut longline fishery to clarify 

there is also Pacific halibut longline 

fishing effort in California. The Pacific 

halibut commercial fishery occurs 

within 10 regulatory areas (3 major areas 

(2, 3, and 4) divided further into 

subareas) throughout the North Pacific 

Ocean within the exclusive economic 

zone (EEZ), established by the 

International Pacific Halibut 

Commission (IPHC). The use of 

longlines to target Pacific halibut occurs 

along the Continental U.S. West Coast 

(excluding Alaska) in what is known as 

Area 2A, which includes the entire EEZ 

off of Washington, Oregon, and 

California. 

Fishermen usually target Pacific 

halibut at depths of 15–150 fathoms 

(27–274 meters) where they prefer to 

hang out in current calming ‘‘hydraulic 

relief zones’’ such as depressions, 

valleys, and rock formations at the 

bottom of the sea. Fishing may occur 

anytime between IPHC’s season dates 

from mid-March through midNovember. The Area 2A non-tribal 

directed commercial fishery usually 

occurs in summer, generally from June– 

July, although in some years it could be 

extended until August. Landing Pacific 

halibut as incidental catch during the 

sablefish longline fishery is allowed, but 

only for vessels participating in the 

sablefish Limited Entry fixed gear 

fishery from April 1 to October 31 with 

a valid license from the IPHC. 

A long main line is used that consists 

of a lead core that allows it to sink to 

the ocean floor. The main line is made 

of nylon or a polyurethane-blend 

roughly 5⁄16 inch (7.9 mm) in width. The 

main line (or ground line) can be up to 

1.5 nautical miles long and set on the 

bottom with an anchor (25–50 pounds 

(11–22 kg) at each end. Hooks are 

attached to the main line every 3–4 feet 

(91–121 cm) with a ‘‘gangion’’ made of 

nylon or monofilament line connected 

with a snap or tied on. The most 

common hooks used are size 16/0 circle 

hooks baited with live squid, mackerel 

heads, or artificial bait resembling 

sardine or anchovy. Pacific halibut is 

also incidentally caught with fixed gear 

(longline) in the sablefish fishery, which 

uses similar gear. 

Pacific halibut fishing off the U.S. 

West Coast used to be managed solely 

by the IPHC through the PFMC Pacific 

Halibut Catch Sharing Plan (CSP). The 

routine management of the non-tribal 

commercial directed Pacific halibut 

fishery is being transitioned from the 

IPHC to the PFMC and NMFS. The IPHC 

will continue to set the total allowable 

catch for Pacific halibut, and the PFMC 

will continue to develop a CSP. 

This is an open access fishery 

requiring permits obtained from the 

IPHC whether targeted or caught 

incidentally in fixed gear (longline) 

sablefish fisheries, with strict size and 

catch limits. Logbooks are required for 

vessels that have an overall length of 26 

feet (7.9 m) or more. If catch limits are 

reached before the official closure dates, 

the fishery will be closed. There are no 

individual fishing quotas in this fishery, 

but there are landing ratios for the 

incidental catch fisheries and vessel 

limits per opener for the directed 

commercial fishery. In 2017 and 2018, 

observer coverage of the directed derby 

fishery was 8 percent and 25 percent, 

respectively. 

NMFS proposes to rename the 

Category III WA/CA kelp fishery to the 

CA/WA kelp, seaweed, and algae fishery 

to clarify that in addition to kelp, other 

species of edible marine plants are 

commercially harvested in waters off 

the U.S. West Coast. The two species of 

kelp that are predominantly harvested 

are giant kelp and bull kelp. Giant kelp 

is the most common kelp species found 

along the southern and central 


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California coast, whereas bull kelp 

becomes more abundant farther north. 

There are 87 geographical kelp beds 

along the California coast and Channel 

Islands. As of December 2020, each of 

the 87 kelp beds are designated as 

either: Open (33 beds), closed (18 beds), 

lease only (3 beds), and leasable (28 

beds). California state marine parks and 

reserves are completely off limits to kelp 

harvesting, but there is limited kelp 

harvesting allowed in state marine 

conservation areas. 

There is a herring roe-on-kelp fishery 

in Washington where kelp is harvested 

by hand from small vessels. The herring 

roe-on-kelp fishery occurs every year 

during the herring spawning season 

from late January until early June. The 

fishery takes place within Puget Sound, 

with regulated area closures. 

There are various harvesting methods 

used for kelp, edible seaweed, or agar 

algae. Gear used for commercial harvest 

of kelp generally consists of a specially 

designed vessel with cutting 

mechanisms on the stern, and a 

conveyor system that places the cut kelp 

into a harvest bin. The blades are 

mounted at the base of the conveyor and 

lowered three feet into the kelp bed 

while the vessel moves slowly stern-first 

through the bed. 

In the herring roe-on-kelp fishery, 

Macrocystis kelp is gathered and 

carefully placed in floating net pens or 

impoundments (pounds) in anticipation 

of a herring spawning event. Herring are 

seined, introduced to the pounds to 

spawn for about a week, and then 

released. The eggs stick to the kelp 

blades which are collected and layered 

with salt in totes. 

The commercial harvesting of kelp, 

marine algae, and agar algae in 

California is managed by the California 

Department of Fish and Wildlife 

(CDFW). A kelp harvest license is valid 

for 1 year at a time. Although the license 

includes edible seaweed and agar algae 

as well, the license applicant must 

choose which type of harvest they will 

be participating in. Harvesters must 

submit a harvest plan that must be 

approved prior to harvesting. A monthly 

harvest report has to be submitted to the 

CDFW on or before the 10th day of each 

month of harvest, even if harvest did not 

occur. 

Harvesters are not allowed to cut 

attached kelp at a depth greater than 4 

feet (1.2 m), but can collect unattached 

kelp. Vessels can collect up to 600 tons 

of kelp a day. Agar algae are cut no 

closer than 2 inches to the holdfast, and 

removal of the holdfast is prohibited. 

Harvesters are not allowed to 

repetitively harvest from individual 

giant or bull kelp specimens, and the 

harvesting of kelp near sea otter rafting 

sites must be avoided. 

Seaweed species of the genus 

Macrocystis is only allowed for 

harvesting for the herring spawn-onkelp fishery, if approved by the WDFW. 

The herring spawn-on-kelp fishery is a 

limited entry fishery. 

NMFS proposes to combine the 

Category III WA groundfish, bottomfish 

jig fishery and the hook and line 

component of the Category III CA 

nearshore finfish live trap/hook-andline fishery, and name it the Category III 

WA/OR/CA groundfish/finfish hook and 

line fishery. This proposed combined 

fishery will also include other 

groundfish/finfish hook and line fishing 

effort of fisheries not currently included 

on the LOF. The two currently named 

Category III fisheries do not account for 

a large amount of non-longline hook and 

line fishing effort, which includes 

numerous combinations of target 

species, gear, and spatial distribution 

along the West Coast. This fishery has 

689 participants. 

The groundfish/finfish hook and line 

fishery (other than bottom longline) 

targets close to 100 different species that 

generally live on or near the bottom. 

There are over 60 different rockfish 

species with the primary species 

targeted in this fishery being black, 

vermilion, brown, and gopher rockfish. 

Other important targeted species 

include lingcod, cabazon, greenling, and 

sablefish. Numerous other finfish/ 

groundfish are also landed. 

Due to the variety of species, there is 

significant variation in the areas and 

depths where the gear is fished. Depths 

can range anywhere from 11–722 

fathoms (20–1,300 m). The locations 

where fishermen are allowed to fish for 

these species groups can be limited by 

conservation areas (e.g., the Rockfish 

Conservation Area). The fishery 

operates year-round. 

Hook and line gear includes several 

types of gear configurations including: 

Troll, pole and line and vertical 

longline. There are Federal and state 

regulations which must be adhered to 

including various area and time closures 

(e.g., Rockfish Critical Habitat). In some 

places, fishing is not allowed in certain 

districts over weekends and legal 

holidays. In California, troll lines cannot 

be fished in waters less than 1 nm from 

shore. Landing limits for different 

species over various time periods also 

typically apply. Other management 

restrictions regarding the number and 

configuration of lines and hooks that are 

allowed in different areas may also 

apply. Portions of this fishery are 

observed under the nearshore 

groundfish fixed gear fishery. Annual 

coverage from 2009–2018 for the entire 

nearshore groundfish fishery ranged 

from 4 to 8 percent. 

NMFS proposes to combine and 

rename the Category III WA/OR bait 

shrimp, clam, hand, dive, or mechanical 

collection fishery and the Category III 

OR/CA sea urchin, sea cucumber hand, 

dive, or mechanical collection fishery 

into two distinct gear-based Category III 

fisheries: (1) The CA/OR/WA dive 

collection fishery and (2) the WA/OR/ 

CA hand/mechanical collection fishery. 

As currently included on the LOF, there 

is overlap of fishing effort and target 

species between the two fisheries along 

the West Coast. Therefore, NMFS is 

proposing to combine these fisheries 

based on the harvesting methodologies’ 

potential risk to marine mammals. 

NMFS proposes to aggregate the 

California, Oregon and Washington 

commercial dive fisheries into one 

Category III fishery, and aggregate the 

California, Oregon and Washington 

hand/mechanical collection fisheries 

into a separate Category III fishery. 

The CA/OR/WA dive collection 

fisheries target primarily sea urchins, 

sea cucumbers, and other mollusks such 

as geoduck clams and occur in all three 

West Coast states. This fishery has 186 

participants. 

In California, the commercial take for 

red sea urchin is open for most of the 

year, but there are restrictions regarding 

certain areas or days of the week at 

times during the year. There are no 

seasonal restrictions on harvest of other 

sea urchin species. California sea 

cucumber may be collected year round; 

warty sea cucumbers are not allowed to 

be collected from March 1 to June 15. 

In Oregon, most of the state is open 

year round for sea urchin harvest. 

However, the largest harvest area 

(Orford Reef) is open only November 

through April. The sea cucumber fishery 

occurs in various areas along the coast, 

but harvest from Orford Reef is 

prohibited May 1 through October 31. 

Harvest of geoducks in Washington 

occurs exclusively within the inland 

waters of WA. The sea urchin fishery 

occurs October through February 

throughout the state, based mostly on 

gonad (roe or uni) condition and 

quality. There are numerous protected 

areas designated by the state of 

Washington where sea urchin fishing is 

prohibited. Specific sea cucumber 

harvest districts exist in the state, each 

with clearly defined open seasons. 

SCUBA gear or a ‘‘hookah rig’’ are 

allowed in all three states where dive 

gear is used for commercial harvesting. 

The ‘‘hookah rig’’ consists of an air 

compressor with supply hoses that 

distribute air to divers. Divers use 


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SCUBA for picking and scouting, but 

when a harvest area is identified the 

Hookah method is predominantly used. 

California and Washington allow divers 

to use nitrox and scooters, although 

Oregon prohibits the use of mixed gas. 

The sea urchin commercial dive 

fishery is a limited entry permit fishery 

in all three U.S. West Coast states. In 

Washington there are catch limits, but 

none in Oregon or California. However, 

there are size limits in Oregon and 

Washington, but none in California. In 

Oregon, there are depth restrictions 

where harvest can occur. The 

Washington sea urchin permits are 

distributed almost equally between state 

and tribal commercial fishermen. 

The sea cucumber dive fishery is a 

limited entry fishery in California and 

Oregon, but is open access requiring a 

shellfish dive permit in Washington. In 

California, there are no landing or size 

limits. In California, sea cucumber trawl 

permits allow for trawling or diving for 

sea cucumber, whereas a sea cucumber 

dive permit only allows for diving for 

sea cucumbers. In Oregon, harvest of sea 

cucumbers is allowed under a sea 

urchin permit. In Washington, a quota 

system exists for sea cucumbers. If the 

quota for the season is reached, the 

fishery is closed. The quota for each 

year changes and is based on stock 

assessments for each district. 

Submissions of logbooks are required in 

all three states. 

To obtain a commercial geoduck 

permit, a competitive bid process is 

used to sell harvest contracts to the 

highest responsible bidder. Successful 

bidders are required to obtain a WDFW 

fishery license prior to commercial 

harvest. 

The WA/OR/CA hand/mechanical 

collection fishery employs hand or 

mechanical collection methods within 

the intertidal or nearshore areas in all 

three West Coast states. Collection of 

clams and other mollusks in intertidal 

and subtidal areas, including razor, 

cockle, and butter clams, represent a 

substantial level of commercial harvest, 

especially in Oregon and Washington. 

Harvest of various bait fish or aquaria 

collection species in nearshore waters 

also occurs, particularly in California. 

This fishery has 320 participants. 

The methods used for hand collection 

of targeted species can include shovels, 

hand pumps (especially for most clams), 

rakes, trowels, and hands (bare or 

protected). Hand powered tools are 

generally used in intertidal areas only. 

Methods for mechanical collection, 

especially for baitfish and aquaria 

species in nearshore or intertidal waters, 

include dip nets, hand pumps (for bait 

shrimp), and small trawl nets, along 

with numerous other devices. 

Management of hand and mechanical 

collection fisheries occurs with varying 

degrees within each state. 

In Washington, specific permits are 

needed to harvest important target 

species such as razor clams or 

burrowing shrimp. Commercial harvest 

of razor clams is allowed only on the 

detached Willapa Spits, located at the 

mouth of Willapa Bay. Fishermen must 

either register with a Department of 

Health certified razor clam dealer or 

become certified by the Department of 

Health individually. 

In Oregon, harvest of intertidal clam 

and shrimp species require a 

commercial shellfish or intertidal 

animal harvest permit. Seasonal 

restrictions that can vary by area may 

apply. Subtidal harvest of clams 

requires a separate permit. 

In California, permits that are 

relevant, depending on the specific 

target and gear used, include: Tidal 

invertebrates, ghost shrimp, bay shrimp, 

and marine aquaria species. There are 

time and area restrictions that include 

marine conservation areas and state 

marine reserves. 

Number of Vessels/Persons 

NMFS proposes to update the 

estimated number of vessels/persons in 

the Pacific Ocean (Table 1) as follows: 

Category II 

• CA thresher shark/swordfish drift 

gillnet (≥14 in mesh) fishery from 14 to 

21 vessels/persons; 

• CA halibut/white seabass and other 

species set gillnet (>3.5 in mesh) fishery 

from 37 to 39 vessels/persons; 

• CA yellowtail, barracuda, and white 

seabass drift gillnet (mesh size ≥3.5 in 

and <14 in) fishery from 22 to 20 

vessels/persons; 

• WA Puget Sound Region salmon 

drift gillnet fishery from 154 to 136 

vessels/persons; 

• CA coonstripe shrimp pot fishery 

from 14 to 9 vessels/persons; 

• CA spiny lobster fishery from 186 to 

189 vessels/persons; 

• CA spot prawn pot fishery from 23 

to 22 vessels/persons; 

• CA Dungeness crab pot fishery from 

501 to 471 vessels/persons; 

• OR Dungeness crab pot fishery from 

342 to 323 vessels/persons; 

• WA/OR/CA sablefish pot fishery 

from 155 to 144 vessels/persons; 

• WA coastal Dungeness crab pot 

fishery from 197 to 204 vessels/persons; 

• HI shortline fishery from 9 to 5 

vessels/persons; 

Category III 

• CA set gillnet (mesh size <3.5 in) 

fishery from 296 to 11 vessels/persons; 

• HI inshore gillnet fishery from 36 to 

29 vessels/persons; 

• WA Grays Harbor salmon drift 

gillnet fishery from 24 to 19 vessels/ 

persons; 

• WA/OR Mainstem Columbia River 

eulachon gillnet fishery from 5 to 10 

vessels/persons; 

• WA Willapa Bay drift gillnet fishery 

from 82 to 57 vessels/persons; 

• WA/OR sardine purse seine fishery 

from 42 to 6 vessels/persons; 

• CA anchovy, mackerel, sardine 

purse seine fishery from 65 to 53 

vessels/persons; 

• CA squid purse seine fishery from 

80 to 68 persons/vessels; 

• CA tuna purse seine fishery from 10 

to 14 vessels/persons; 

• WA/OR Lower Columbia River 

salmon seine fishery from 10 to 1 

person/vessel; 

• WA/OR herring, anchovy, smelt, 

squid purse seine or lampara fishery 

from 130 to 41 vessels/persons; 

• WA salmon seine fishery from 75 to 

81 vessels/persons; 

• HI lift net fishery from 17 to 15 

vessels/persons; 

• HI inshore purse seine fishery from 

<3 to none recorded vessels/persons; 

• HI throw net, cast net fishery from 

23 to 15 vessels/persons; 

• HI seine net fishery from 24 to 17 

vessels/persons; 

• CA squid dip net fishery from 115 

to 19 vessels/persons; 

• HI offshore pen culture fishery from 

2 to 1 vessels/persons; 

• WA/OR/CA albacore surface hook 

and line/troll fishery from 705 to 556 

vessels/persons; 

• CA/OR/WA salmon troll fishery 

from 4,300 to 1,030 vessels/persons; 

• HI troll fishery from 2,117 to 1,380 

vessels/persons; 

• HI rod and reel fishery from 322 to 

237 vessels/persons; 

• Guam tuna troll fishery from 432 to 

398 vessels/persons; 

• WA/OR/CA groundfish, bottomfish 

longline/set line fishery from 367 to 314 

vessels/persons; 

• WA/OR/CA Pacific halibut longline 

fishery from 350 to 130 vessels/persons; 

• CA pelagic longline fishery from 1 

to 4 vessels/persons; 

• HI kaka line fishery from 15 to 5 

vessels/persons; 

• HI vertical line fishery from 3 to 

none recorded vessels/persons; 

• CA halibut bottom trawl fishery 

from 47 to 23 vessels/persons; 

• CA sea cucumber trawl fishery from 

16 to 11 vessels/persons; 

• WA/OR/CA shrimp trawl fishery 

from 300 to 130 vessels/persons; 

• WA/OR/CA groundfish trawl 

fishery from 160–180 to 118 vessels/ 

persons; 


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• CA rock crab pot fishery from 124 

to 113 vessels/persons; 

• WA/OR/CA hagfish pot fishery 

from 54 to 63 vessels/persons; 

• WA/OR shrimp pot/trap fishery 

from 54 to 28 vessels/persons; 

• WA Puget Sound Dungeness crab 

pot/trap fishery from 249 to 145 vessels/ 

persons; 

• HI crab trap fishery from 5 to 4 

vessels/persons; 

• HI fish trap fishery from 9 to 4 

vessels/persons; 

• HI lobster trap fishery from <3 to 

none recorded vessels/persons; 

• HI shrimp trap fishery from 10 to 3 

vessels/persons; 

• HI crab net fishery from 4 to none 

recorded vessels/persons; 

• HI kona crab loop net fishery from 

33 to 20 vessels/persons; 

• American Samoa bottomfish 

handline fishery from fewer than 20 to 

9 vessels/persons; 

• Commonwealth of the Northern 

Mariana Islands bottomfish fishery from 

28 to 11 vessels/persons; 

• Guam bottomfish fishery from >300 

to 67 vessels/persons; 

• HI aku boat, pole and line fishery 

from <3 to none recorded vessels/ 

persons; 

• HI bottomfish handline fishery from 

578 to 385 vessels/persons; 

• HI inshore handline fishery from 

357 to 206 vessels/persons; 

• HI pelagic handline fishery from 

534 to 300 vessels/persons; 

• CA swordfish harpoon fishery from 

6 to 21 vessels/persons; 

• HI bullpen trap fishery from 3 to 

none recorded vessels/persons; 

• HI black coral diving fishery from 

<3 to none recorded vessels/persons; 

• HI fish pond fishery from 5 to none 

recorded vessels/persons; 

• HI handpick fishery from 46 to 25 

vessels/persons; 

• HI lobster diving fishery from 19 to 

12 vessels/persons; 

• HI spearfishing fishery from 163 to 

82 vessels/persons; and 

• HI aquarium collecting fishery from 

90 to 34 vessels/persons. 

List of Species and/or Stocks 

Incidentally Killed or Injured in the 

Pacific Ocean 

NMFS proposes to add the Eastern 

North Pacific stock of gray whale to the 

list of species/stocks incidentally killed 

or injured in the Category II AK Prince 

William Sound salmon drift gillnet 

fishery based on a self-reported serious 

injury in 2018 (Carretta et al., 2020). 

NMFS proposes to add three stocks to 

the list of species/stocks incidentally 

killed or injured in the Category II AK 

Bering Sea, Aleutian Islands pollock 

trawl fishery: (1) Arctic stock of ringed 

seal, (2) Central North Pacific stock of 

humpback whale and (3) Western North 

Pacific stock of humpback whale. In 

2017, there was an observed mortality of 

a ringed seal (Arctic stock) (Muto et al., 

2021). In 2018 one humpback whale 

mortality was observed in the AK Bering 

Sea, Aleutian Islands pollock trawl 

fishery. This mortality occurred in an 

area of humpback whale stock overlap 

and consistent with NMFS Guidelines 

for Assessing Marine Mammal Stocks 

(GAMMS), the serious injury was 

assigned to both the Western North 

Pacific and Central North Pacific stocks 

(Muto et al., 2021). 

NMFS proposes to add the U.S. stock 

of California sea lion to the list of 

species/stocks incidentally killed or 

injured in the Category II CA spiny 

lobster fishery. In 2019, a California sea 

lion was reported entangled in 40 

kilograms of lobster pot gear near Santa 

Barbara, CA. The gear was removed after 

sedating of the animal (Carretta et al., 

2021). 

NMFS proposes to add the California 

stock of Northern elephant seal to the 

list of species/stocks incidentally killed 

or injured in the Category II AK Gulf of 

Alaska sablefish longline fishery based 

on an observed serious injury in 2017 

(Carretta et al., 2020). 

NMFS proposes to add both the 

Western U.S. stock of Steller sea lion 

and North Kodiak stock of harbor seal 

to the list of species/stocks incidentally 

killed or injured in the Category III AK 

Kodiak salmon purse seine fishery. In 

2018, a dead stranded Steller sea lion 

was reported entangled in commercial 

Kodiak salmon seine net (Muto et al., 

2021). Also in 2018, a harbor seal 

mortality was documented in the barrier 

net of the salmon purse seine fishery 

(Young et al., 2020). 

NMFS proposes to add the Gulf of 

Alaska, Aleutian Islands, Bering Sea 

transient stock of killer whale to the list 

of species/stocks incidentally killed or 

injured in the Category III AK Bering 

Sea, Aleutian Greenland turbot longline 

fishery based on observed mortality in 

2015 (Muto et al., 2021). 

NMFS proposes to add the Clarence 

Strait stock of harbor seal to the list of 

species/stocks incidentally killed or 

injured in the Category III AK Gulf of 

Alaska halibut longline fishery based on 

an observed mortality in 2018 (Young et 

al., 2020). 

NMFS proposes to add the Cook Inlet/ 

Shelikof Strait stock of harbor seal to the 

list of species/stocks incidentally killed 

or injured in the Category III AK Gulf of 

Alaska Pacific cod longline fishery 

based on an observed mortality in 2018 

(Young et al., 2020). 

NMFS proposes to add the California 

stock of Northern elephant seal to the 

list of species/stocks incidentally killed 

or injured in the Category III AK Bering 

Sea, Aleutian Islands Atka mackerel 

trawl fishery based on an observed 

serious injury in 2018 (Carretta et al., 

2020). 

NMFS proposes to add three stocks to 

the list of species/stocks incidentally 

killed or injured in the Category III AK 

Gulf of Alaska flatfish trawl fishery. The 

three stocks are: (1) Cook Inlet/Shelikof 

Strait stock of harbor seal, (2) North 

Kodiak stock of harbor seal, and (3) 

South Kodiak stock of harbor seal. In 

2017, there were three observed 

mortalities of harbor seals (one from the 

North Kodiak stock and two from the 

Cook Inlet/Shelikof Strait stock) in the 

Gulf of Alaska flatfish trawl fishery. In 

2018, there was one observed mortality 

of a harbor seal from South Kodiak stock 

(Young et al., 2020). 

NMFS proposes to add the North 

Pacific stock of sperm whale to the list 

of species/stocks incidentally killed or 

injured in the Category III AK Bering 

Sea, Aleutian Islands sablefish pot 

fishery based on an observed mortality 

in 2018 (Muto et al., 2021). 

NMFS proposes to add the U.S. stock 

of California sea lion to the list of 

species/stocks incidentally killed or 

injured in the Category III WA/OR/CA 

groundfish/finfish hook and line 

fishery. In 2017, a California sea lion 

depredated gear from the nearshore 

hook and line fishery and in the process 

carried the away the gear with seven 

hooks attached (Carretta et al., 2021). 

NMFS proposes to add the Central 

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 based on an 

observed vessel strike that was 

determined to be a serious injury in 

2017 (Young et al., 2020). 

NMFS proposes to add the unknown 

stock of striped dolphin to the list of 

species/stocks incidentally killed or 

injured in the Category II American 

Samoa longline fishery based on an 

observed serious injury in 2018. 

NMFS proposes to remove the Alaska 

resident stock of killer whale from the 

list of species/stocks incidentally killed 

or injured in the Category III AK Bering 

Sea, Aleutian Islands Greenland turbot 

longline fishery based on no recently 

observed mortalities or injuries. 

NMFS proposes to remove the Alaska 

stock of spotted seal from the list of 

species/stocks incidentally killed or 

injured in the Category III AK Bering 

Sea, Aleutian Islands Pacific cod 


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longline fishery based on no recently 

observed mortalities or injuries. 

NMFS proposes to remove the six 

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 bearded seal, (2), Bristol Bay 

stock of beluga whale, (3) Eastern Bering 

Sea stock of beluga whale, (4) Eastern 

Chukchi Sea stock of beluga whale, (5) 

Eastern Pacific stock of Northern fur 

seal and (6) Alaska stock of spotted seal. 

There have been no recently observed 

mortalities and injures of these six 

stocks in the AK Bering Sea, Aleutian 

Islands pollock trawl fishery. 

NMFS proposes to remove the Alaska 

stock of bearded seal from the list of 

species/stocks incidentally killed or 

injured in the Category III AK Bering 

Sea, Aleutian Islands Atka mackerel 

trawl fishery based on no recently 

observed mortalities or injuries. 

NMFS proposes to remove both the 

Gulf of Alaska, Aleutian Islands, Bering 

Sea transient stock and Eastern North 

Pacific Alaska resident stock of killer 

whale from the list of species/stocks 

incidentally killed or injured in the 

Category III AK Bering Sea, Aleutian 

Islands rockfish trawl fishery based on 

no recently observed mortalities or 

injuries. NMFS proposes to remove the 

North Pacific stock of Northern elephant 

seal from the list of species/stocks 

incidentally killed or injured in the 

Category III AK Gulf of Alaska flatfish 

trawl fishery based on no recently 

observed mortalities or injuries. 

NMFS proposes to remove the Alaska 

stock of harbor seal from the list of 

species/stocks incidentally killed or 

injured in the Category III AK Gulf of 

Alaska Pacific cod trawl fishery based 

on no recently observed mortalities or 

injuries. 

NMFS proposes to remove three 

stocks from the list of species/stocks 

incidentally killed or injured in the 

Category III AK Gulf of Alaska pollock 

trawl fishery: (1) Alaska stock of Dall’s 

porpoise, (2) Northeast Pacific stock of 

fin whale and (3) North Pacific stock of 

Northern elephant seal. There have been 

no recently observed mortalities and 

injuries of these three stocks in the AK 

Gulf of Alaska pollock trawl fishery. 

NMFS proposes to remove the Gulf of 

Alaska stock of harbor seal from the list 

of species/stocks incidentally killed or 

injured in the Category III AK Gulf of 

Alaska Pacific cod pot fishery based on 

no recently observed mortalities or 

injuries. The list of species/stocks 

incidentally killed or injured in this 

fishery is updated to state none 

documented in the most recent 5 years 

of data. 

NMFS proposes to remove the 

Northeast Pacific stock of fin whale 

from the list of species/stocks 

incidentally killed or injured in the 

Category III AK Gulf of Alaska 

groundfish jig fishery based on no 

recently observed mortalities or injuries. 

The list of species/stocks incidentally 

killed or injured in this fishery is 

updated to state none documented in 

the most recent 5 years of data. 

NMFS proposes to remove five stocks 

from the list of species/stocks 

incidentally killed or injured in the 

Category I HI deep-set longline fishery: 

(1) Pelagic stock of bottlenose dolphin, 

(2) Hawaii stock of Kogia spp., (3) 

Hawaii stock of pygmy killer whale, (4) 

Hawaii stock of Risso’s dolphin and (5) 

Hawaii stock of striped dolphin. There 

have been no recently reported or 

observed mortalities or injuries of these 

five stocks within the EEZ in the HI 

deep-set longline fishery (Carretta et al., 

2021). 

NMFS proposes to remove six stocks 

from the list of species/stocks 

incidentally killed or injured in the 

Category II HI shallow-set longline 

fishery: (1) Hawaii stock of Blainville’s 

beaked whale, (2) Hawaii pelagic stock 

of bottlenose dolphin, (3) Central North 

Pacific stock of humpback whale, (4) 

Hawaii stock of Risso’s dolphin, (5) 

Hawaii stock of rough-toothed dolphin 

and (6) Hawaii stock of striped dolphin. 

From 2014–2018, there have been no 

reported or observed M/SI of these six 

stocks within the EEZ in the HI shallowset longline fishery (Carretta et al., 

2021). 

NMFS proposes to revise marine 

mammal stock names on the list of 

species/stocks incidentally killed or 

injured for consistency with the current 

stock names in the SARs as follows: 

Category II AK Cook Inlet Salmon Set 

Gillnet Fishery 

• Harbor seal, GOA to harbor seal, 

Cook Inlet/Shelikof Strait; 

Category II AK Bering Sea, Aleutian 

Islands Flatfish Trawl Fishery 

• Bearded seal, AK to bearded seal, 

Beringia; 

• Harbor seal, Bering Sea to harbor 

seal, Bristol Bay; 

• Killer whale, AK resident to killer 

whale, Eastern North Pacific Alaska 

resident; 

• Killer whale, GOA, AI, BS transient 

to killer whale, Eastern North Pacific 

GOA, AI, BS transient; 

• Ringed seal, AK to ringed seal, 

Arctic; 

• Ribbon seal, AK to ribbon seal; 

• Spotted seal, AK to spotted seal, 

Bering; 

Category II AK Bering Sea, Aleutian 

Islands Pollock Trawl Fishery 

• Harbor seal, AK to harbor seal, 

Bristol Bay; 

• Ribbon seal, AK to ribbon seal; 

Category II AK Prince William Sound 

Salmon Set Gillnet Fishery 

• Harbor seal, GOA to harbor seal, 

Prince William Sound; 

Category III AK Bering Sea, Aleutian 

Islands Rockfish Trawl Fishery 

• Ribbon seal, AK to ribbon seal; and 

Category III AK Bering Sea, Aleutian 

Islands Pacific Cod Trawl Fishery 

• Ribbon seal, AK to ribbon seal. 

Commercial Fisheries in the Atlantic 

Ocean, Gulf of Mexico, and Caribbean 

Fishery Name and Organizational 

Changes and Clarification 

NMFS proposes to add a new fishery, 

MA mixed species trap/pot fishery, as a 

Category II fishery that encompasses all 

trap/pot fishing that occurs in state 

waters of Massachusetts. We propose to 

remove Massachusetts state waters trap/ 

pot fisheries from the broader Category 

I Northeast/Mid-Atlantic American 

lobster trap/pot and Category II Atlantic 

mixed species trap/pot fisheries. This 

new Category II fishery includes, but is 

not limited to, trap/pot fisheries 

targeting American lobster, black sea 

bass, whelk, tautog, jonah crab, and rock 

crab in Massachusetts state waters. This 

list is not considered comprehensive 

and other species targeted or caught 

using trap/pot fixed gear within this 

geographical boundary, current and 

future, will also be considered a part of 

the MA mixed species trap/pot fishery. 

Based on permit holder information 

collected through the MMAP in 2019, 

there are an estimated 1,240 state permit 

holders utilizing trap/pot gear. 

On January 28, 2021, the 

Massachusetts Marine Fisheries 

Advisory Commission approved several 

new regulatory measures affecting 

protected species and fixed gear fishing 

in Massachusetts. The suite of 

regulations include gear modifications 

and changes to seasonal closures that 

differentiate the Massachusetts trap/pot 

fishery from the Northeast/Mid-Atlantic 

American lobster trap/pot and Atlantic 

mixed species trap/pot fisheries. The 

Massachusetts Department of Marine 

Fisheries has begun implementing these 

regulations, which are further described 

below, and all measures will be in place 

for the 2022 fishing season. Based on 

these new regulations, the 

Massachusetts Department of Marine 

Fisheries commented on the 2021 LOF 


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and asked NMFS to consider separating 

out the trap/pot fixed gear fishery 

operating in Massachusetts state waters 

from the Northeast/Mid-Atlantic 

American lobster trap/pot and Atlantic 

mixed species trap/pot fisheries. NMFS 

agreed to reevaluate the fishery in the 

2022 LOF. We have determined that 

these gear modifications and time/area 

restrictions sufficiently differentiate the 

risk posed by the MA mixed species 

trap/pot fishery from the surrounding 

trap/pot fisheries, warranting a separate 

fishery on the LOF. 

This determination is based on, 

among other considerations discussed 

below, several characteristics of the MA 

mixed species trap/pot fishery as 

modified by these new state regulations: 

(1) By the 2022 fishing season, all 

commercial trap fishermen in 

Massachusetts state waters will be 

required to fish buoy lines that break 

when exposed to 1,700 pounds (771 kg) 

of tension; (2) all commercial trap 

fishermen will be required to fish buoy 

lines with a maximum diameter of 3⁄8

inch (9.5 mm); and (3) state-specific gear 

marks will be required to be no more 

than 60 feet (18 m) apart on all vertical 

lines, distinguishing the gear from other 

states that will use different colors and 

fewer marks. Massachusetts is the only 

state to require these gear modifications 

by regulation, creating a consistent 

standard across the state’s waters for all 

commercial trap/pot fishermen. 

The LOF considers the risk that a 

fishery poses to marine mammal stocks. 

Along with required gear modifications, 

Massachusetts is implementing 

extensive seasonal time/area closures 

that expand current restricted areas in 

time and space to significantly reduce 

co-occurrence of the fishery and North 

Atlantic right whales. Specifically, a 

seasonal commercial trap/pot gear 

closure will occur from February 1–May 

15 in Cape Cod Bay, Stellwagen Bank, 

and Outer Cape Cod Lobster 

Management Area, and north to the New 

Hampshire border. During the May 1– 

May 15 period, the closure will occur on 

a dynamic basis allowing the state to lift 

the closure (or parts thereof) if whales 

no longer remain in state waters. If right 

whales are not detected in the area 

during May 1–May 15, the closure area 

will re-open. This management option is 

only possible due to the extensive 

monitoring of North Atlantic right 

whale populations through state and 

Federal aerial survey efforts over 

Massachusetts’ waters. Monitoring 

information is further enhanced by 

sighting and entanglement reporting 

from commercial and recreational 

vessels that consistently use these 

waters. 

The overall changes to the fishery are 

expected to significantly reduce the risk 

of entanglement of North Atlantic right 

whales and other large whales in 

Massachusetts state waters and 

distinguish the Massachusetts state 

waters trap/pot fishery from other trap/ 

pot fisheries in the area. 

To separate a Category I fishery into 

a new fishery due to new regulatory 

measures, NMFS will require at a 

minimum that the new fishery 

significantly reduce the risk of 

entanglement of the stock driving the 

Category I classification, and that the 

new fishery requires gear marks to 

distinguish the fishery from its former 

fishery on the LOF. Massachusetts 

fulfills these threshold requirements. In 

addition, the new fishery’s classification 

and status as a separate fishery will be 

reevaluated annually. 

NMFS is therefore proposing to 

classify the new MA mixed species trap/ 

pot fishery based on the regulatory 

definition (50 CFR 229.2) of a Category 

II fishery. As described above, this is a 

newly identified fishery and, as a new 

fishery, there is an absence of incidental 

mortality and serious injury of marine 

mammal information in this fishery as 

currently prosecuted. Based on this 

absence of incidental mortality and 

serious injury information, no marine 

mammal species/stocks will be included 

on the list of species/stocks incidentally 

killed or injured in Table 2 for this new 

fishery. Species/stocks will be added to 

the list if mortalities or injuries are 

documented in the fishery. With the 

information from the extensive 

monitoring programs in Massachusetts 

state waters, NMFS will annually 

evaluate the classification of this newly 

identified fishery for the LOF. 

This proposed Category II 

classification for the MA mixed species 

trap/pot fishery does not change the 

measures that the fishery is currently 

subjected to through the Atlantic Large 

Whale Take Reduction Plan (ALWTRP). 

NMFS proposes to add the fishery to the 

list of affected fisheries for the ALWTRP 

in Table 4. 

List of Species and/or Stocks 

Incidentally Killed or Injured in the 

Atlantic Ocean, Gulf of Mexico, and 

Caribbean 

NMFS proposes to add the Northern 

migratory coastal stock of bottlenose 

dolphin to the list of species/stocks 

incidentally killed or injured in the 

Category I Northeast sink gillnet fishery. 

In 2017, there were four self-reported 

mortalities in this fishery. These 

mortalities included one case from 

August 2017 of two dolphins entangled 

in the same gillnet, and a separate case 

from November 2017 of two dolphins 

entangled in the same gillnet (Hayes et 

al., 2021). 

NMFS proposes to add both the 

Pensacola Bay, East Bay stock and 

Perdido Bay stocks of bottlenose 

dolphin to the list of species/stocks 

incidentally killed or injured in the 

Category II Southeastern U.S. Atlantic, 

Gulf of Mexico shrimp trawl fishery. In 

2016, there were two dolphin 

mortalities with documented shrimp 

trawl entanglements, one in Pensacola 

Bay and one in Perdido Bay. One 

stranded, dead dolphin was 

documented with shrimp trawl mesh 

attached and showing evidence of net 

marks and constriction. Another 

stranded, dead dolphin was 

documented with shrimp trawl 

headrope attached as well as small 

pieces of webbing. The gear was 

analyzed and verified by NOAA NMFS 

Harvesting Systems Branch Gear 

Analysis Lab in Pascagoula, MS (NOAA 

National Marine Mammal Health and 

Stranding Response Database 

unpublished data, Hayes et al., 2019). 

Commercial Fisheries on the High Seas 

Fishery Name and Organizational 

Changes and Clarification 

NMFS proposes to rename the 

Category II South Pacific tuna purse 

seine fishery to the Western and Central 

Pacific Ocean tuna purse seine fishery. 

This proposed change aligns the name 

with the current statutory authority 

under which the fishery is managed, the 

Western and Central Pacific Fisheries 

Convention Implementation Act, and 

the gear used in the fishery. 

NMFS proposes to clarify the fishery 

description for the renamed Category II 

Western and Central Pacific Ocean tuna 

purse seine fishery. NMFS clarifies that 

the only gear type used in this fishery 

is purse seine. The fishery description 

previously included longline gear, 

however, South Pacific tuna longline 

fishery is included under the Western 

Pacific Pelagic deep-set and shallow-set 

longline fisheries. Based on this 

proposed clarification, NMFS also 

proposes to remove the Category II 

South Pacific tuna longline fishery from 

the LOF. 

Number of Vessels/Persons 

NMFS proposes updates to the 

estimated number of HSFCA permits for 

high seas fisheries (Table 3) as follows: 

Category I 

• Atlantic highly migratory species 

longline fishery from 45 to 39 HSFCA 

permits; 


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Category II 

• Western and Central Pacific Ocean 

tuna purse seine fishery from 26 to 20 

HSFCA permits; 

• Pacific highly migratory species 

handline/pole and line fishery from 43 

to 44 HSFCA permits; 

• South Pacific albacore troll 

handline/pole and line fishery from 10 

to 9 HSFCA permits; 

• South Pacific albacore troll fishery 

from 18 to 20 HSFCA permits; South 

Pacific tuna troll fishery from 1 to 0 

HSFCA permits; 

• Western Pacific pelagic troll fishery 

from 4 to 6 HSFCA permits; 

Category III 

• Pacific highly migratory species 

longline fishery from 105 to 111 HSFCA 

permits; and 

• Pacific highly migratory species 

troll fishery from 111 to 107 HSFCA 

permits. 

List of Species and/or Stocks 

Incidentally Killed or Injured on the 

High Seas 

NMFS proposes to add the following 

18 stocks to the list of species/stocks 

incidentally killed or injured in the 

Category II Western and Central Pacific 

Ocean tuna purse seine fishery based on 

observed and fishermen self-reported 

mortalities and injuries from 2014 

through 2020: (1) Hawaii pelagic stock 

of bottlenose dolphin, (2) unknown 

stock of blue whale, (3) Hawaii stock of 

Bryde’s whale, (4) Hawaii pelagic stock 

of false killer whale, (5) Hawaii stock of 

fin whale, (6) unknown stock of 

humpback whale, (7) Indo-Pacific 

bottlenose dolphin, (8) California stock 

of long-beaked common dolphin, (9) 

unknown stock of melon-headed whale, 

(10) Hawaii stock of minke whale, (11) 

unknown stock of pantropical spotted 

dolphin, (12) Hawaii stock of pygmy 

killer whale, (13) unknown stock of 

Risso’s dolphin, (14) unknown stock of 

rough-toothed dolphin, (15) Hawaii 

stock of sei whale, (16) unknown stock 

of short-finned pilot whale, (17) Hawaii 

stock of sperm whale, and (18) 

unknown stock of spinner dolphin. 

NMFS proposes to add Ginkgotoothed beaked whale to the list of 

species/stocks incidentally killed or 

injured in the Category II Western 

Pacific Pelagic longline fishery (HI 

shallow-set component). An observed 

entanglement that occurred in 2014 was 

originally added as an unknown stock of 

Mesoplodon species to the list of 

species/stocks incidentally killed or 

injured. This observed entanglement 

was later updated to be a Ginkgotoothed beaked whale. 

NMFS proposes to remove the Central 

North Pacific stock of humpback whale 

and Hawaii stock of pygmy killer whale 

from the list of species/stocks 

incidentally killed or injured in the 

Category I Western Pacific Pelagic 

longline fishery (HI deep-set 

component). From 2014–2018, there 

were no observed mortalities or injuries 

of these two stocks in the HI deep-set 

component of the Western Pacific 

Pelagic longline fishery (Carretta et al., 

2021, Muto et al., 2021). 

NMFS proposes to remove three 

stocks from the list of species/stocks 

incidentally killed or injured in the 

Category II Western Pacific Pelagic 

longline fishery (HI shallow-set 

component). The three stocks are: (1) 

Hawaii stock of Blainville’s beaked 

whale, (2) unknown stock of 

Mesoplodon species, and (3) Hawaii 

stock of rough-toothed dolphin. From 

2014–2018, there were no observed 

moralities or injuries of these stocks in 

the HI shallow-set component of the 

Western Pacific Pelagic longline fishery 

(Carretta et al., 2021). 

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 2018. 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 


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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. 

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

Fishery description 

Estimated 

number of 

vessels/ 

persons 

Marine mammal species and/or 

stocks incidentally killed or injured 

CATEGORY I 

Longline/Set Line Fisheries: 

HI deep-set longline * ∧ ........................................................ 143 ................. False killer whale, HI Pelagic.1

False killer whale, MHI Insular. 

False killer whale, NWHI. 

Humpback whale. Central North Pacific. 

Rough-toothed dolphin, HI. 

Short-finned pilot whale, HI. 

CATEGORY II 

Gillnet Fisheries: 

CA thresher shark/swordfish drift gillnet (≥14 in mesh) * .... 21 ................... Bottlenose dolphin, CA/OR/WA offshore. 

California sea lion, U.S. 

Dall’s porpoise, CA/OR/WA. 

Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA. 

Long-beaked common dolphin, CA. 

Minke whale, CA/OR/WA.1

Northern elephant seal, CA breeding. 

Northern right-whale dolphin, CA/OR/WA. 

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

Risso’s dolphin, CA/OR/WA. 

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

Short-finned pilot whale, CA/OR/WA.1

Sperm Whale, CA/OR/WA.1

CA halibut/white seabass and other species set gillnet 

(>3.5 in mesh).

39 ................... California sea lion, U.S. 

Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

Humpback whale, CA/OR/WA.1

Long-beaked common dolphin, CA. 

Northern elephant seal, CA breeding. 

Sea otter, CA. 

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

CA yellowtail, barracuda, and white seabass drift gillnet 

(mesh size ≥3.5 in and <14 in) 2.

20 ................... California sea lion, U.S. 

Long-beaked common dolphin, CA. 

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

AK Bristol Bay salmon drift gillnet 2 ..................................... 1,862 .............. Beluga whale, Bristol Bay. 

Gray whale, Eastern North Pacific. 

Harbor seal, Bering Sea. 

Northern fur seal, Eastern Pacific. 

Pacific white-sided dolphin, North Pacific. 

Spotted seal, AK. 

Steller sea lion, Western U.S. 

AK Bristol Bay salmon set gillnet 2 ...................................... 979 ................. Beluga whale, Bristol Bay. 

Gray whale, Eastern North Pacific. 

Harbor seal, Bering Sea. 

Northern fur seal, Eastern Pacific. 

Spotted seal, AK. 

AK Kodiak salmon set gillnet .............................................. 188 ................. Harbor porpoise, GOA.1

Harbor seal, GOA. 


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

Fishery description 

Estimated 

number of 

vessels/ 

persons 

Marine mammal species and/or 

stocks incidentally killed or injured 

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, Cook Inlet/Shelikof Strait. 

Humpback whale, Central North Pacific.1

Sea otter, South central AK. 

Steller sea lion, Western U.S. 

AK Cook Inlet salmon drift gillnet ........................................ 569 ................. Beluga whale, Cook Inlet. 

Dall’s porpoise, AK. 

Harbor porpoise, GOA.1

Harbor seal, GOA. 

Steller sea lion, Western U.S. 

AK Peninsula/Aleutian Islands salmon drift gillnet 2 ............ 162 ................. Dall’s porpoise, AK. 

Harbor porpoise, GOA. 

Harbor seal, GOA. 

Northern fur seal, Eastern Pacific. 

AK Peninsula/Aleutian Islands salmon set gillnet 2 ............. 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. 

Gray whale, Eastern North Pacific. 

Harbor porpoise, GOA.1

Harbor seal, Prince William Sound. 

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).

136 ................. Dall’s porpoise, CA/OR/WA. 

Harbor porpoise, inland WA.1

Harbor seal, WA inland. 

Trawl Fisheries: 

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

Gray whale, Eastern North Pacific. 

Harbor porpoise, Bering Sea. 

Harbor seal, Bristol Bay. 

Humpback whale, Western North Pacific.1

Killer whale, Eastern North Pacific Alaska resident.1

Killer whale, Eastern North Pacific GOA, AI, BS transient.1

Northern fur seal, Eastern Pacific. 

Ringed seal, Arctic. 

Ribbon seal. 

Spotted seal, Bering. 

Steller sea lion, Western U.S.1

Walrus, AK. 

AK Bering Sea, Aleutian Islands pollock trawl .................... 102 ................. Harbor seal, Bristol Bay. 

Humpback whale, Central North Pacific. 

Humpback whale, Western North Pacific. 

Ribbon seal. 

Ringed seal, Arctic. 

Steller sea lion, Western U.S.1

Pot, Ring Net, and Trap Fisheries: 


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

Fishery description 

Estimated 

number of 

vessels/ 

persons 

Marine mammal species and/or 

stocks incidentally killed or injured 

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 .................................................... 9 ..................... Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

Humpback whale, CA/OR/WA.1

CA spiny lobster .................................................................. 189 ................. Bottlenose dolphin, CA/OR/WA offshore. 

California sea lion, U.S. 

Humpback whale, CA/OR/WA.1

Gray whale, Eastern North Pacific. 

Southern sea otter. 

CA spot prawn pot ............................................................... 22 ................... Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA.1

Long-beaked common dolphin, CA. 

CA Dungeness crab pot ...................................................... 471 ................. Blue whale, Eastern North Pacific.1

Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA.1

Killer whale, Eastern North Pacific GOA, BSAI transient. 

Killer whale, West Coast transient. 

OR Dungeness crab pot ...................................................... 323 ................. Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA.1

WA/OR/CA sablefish pot ..................................................... 144 ................. Humpback whale, CA/OR/WA.1

WA coastal Dungeness crab pot ......................................... 204 ................. Gray whale, Eastern North Pacific. 

Humpback whale, CA/OR/WA.1

Longline/Set Line Fisheries: 

AK Gulf of Alaska sablefish longline ................................... 295 ................. Northern elephant seal, California. 

Sperm whale, North Pacific. 

Steller sea lion, Eastern U.S. 

HI shallow-set longline * ∧ .................................................... 11 ................... False killer whale, HI Pelagic.1

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

Rough-toothed dolphin, American Samoa. 

Short-finned pilot whale, unknown. 

Striped dolphin, unknown. 

HI shortline 2 ........................................................................ 5 ..................... 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) ....................................... 11 ................... None documented. 

HI inshore gillnet .................................................................. 29 ................... Bottlenose dolphin, HI. 

Spinner dolphin, HI. 

WA Grays Harbor salmon drift gillnet (excluding treaty 

Tribal fishing).

19 ................... Harbor seal, OR/WA coast. 

WA/OR Mainstem Columbia River eulachon gillnet ........... 10 ................... None documented. 

WA/OR lower Columbia River (includes tributaries) drift 

gillnet.

244 ................. California sea lion, U.S. 

Harbor seal, OR/WA coast. 

WA Willapa Bay drift gillnet ................................................. 57 ................... 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. 

Harbor seal, North Kodiak. 

Humpback whale, Central North Pacific. 

Humpback whale, Western North Pacific. 

Steller sea lion, Western U.S. 

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 ................................................ 6 ..................... None documented. 


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

Fishery description 

Estimated 

number of 

vessels/ 

persons 

Marine mammal species and/or 

stocks incidentally killed or injured 

CA anchovy, mackerel, sardine purse seine ...................... 53 ................... California sea lion, U.S. 

Harbor seal, CA. 

CA squid purse seine .......................................................... 68 ................... 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 * .......................................................... 14 ................... None documented. 

WA/OR Lower Columbia River salmon seine ..................... 1 ..................... None documented. 

WA/OR herring, anchovy, smelt, squid purse seine or 

lampara.

41 ................... None documented. 

WA salmon seine ................................................................ 81 ................... None documented. 

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

HI lift net .............................................................................. 15 ................... None documented. 

HI inshore purse seine ........................................................ None recorded None documented. 

HI throw net, cast net .......................................................... 15 ................... None documented. 

HI seine net ......................................................................... 17 ................... None documented. 

Dip Net Fisheries: 

CA squid dip net .................................................................. 19 ................... 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 ........................................................ 1 ..................... 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 ................. 556 ................. None documented. 

CA halibut, white seabass, and yellowtail hook and line/ 

handline.

388 ................. None documented. 

CA/OR/WA non-albacore HMS hook and line .................... 124 ................. 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 ....................................................... 1,030 .............. None documented. 

HI troll .................................................................................. 1,380 .............. Pantropical spotted dolphin, HI. 

HI rod and reel .................................................................... 237 ................. None documented. 

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

Guam tuna troll .................................................................... 398 ................. None documented. 

Longline/Set Line Fisheries: 

AK Bering Sea, Aleutian Islands Greenland turbot longline 4 ..................... Killer whale, GOA, AI, BS transient. 

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

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, Clarence Strait. 

Harbor seal, Cook Inlet. 

Steller sea lion, Eastern U.S. 

AK Gulf of Alaska Pacific cod longline ................................ 92 ................... Harbor seal, Cook Inlet/Shelikof Strait. 

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 ............ 314 ................. 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/CA Pacific halibut longline ..................................... 130 ................. None documented. 

CA pelagic longline .............................................................. 4 ..................... None documented in the most recent 5 years of data. 

HI kaka line .......................................................................... 5 ..................... None documented. 

HI vertical line ...................................................................... None recorded None documented. 

Trawl Fisheries: 


lotter on DSK11XQN23PROD with PROPOSALS1
43508 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 

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

Fishery description 

Estimated 

number of 

vessels/ 

persons 

Marine mammal species and/or 

stocks incidentally killed or injured 

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

Northern elephant seal, California. 

Steller sea lion, Western U.S. 

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

Ribbon seal. 

Steller sea lion, Western U.S. 

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

Ribbon seal. 

AK Gulf of Alaska flatfish trawl ............................................ 36 ................... Harbor seal, Cook Inlet/Shelikof Strait. 

Harbor seal, North Kodiak. 

Harbor seal, South Kodiak. 

Steller sea lion, Western U.S. 

AK Gulf of Alaska Pacific cod trawl .................................... 55 ................... Steller sea lion, Western U.S. 

AK Gulf of Alaska pollock trawl ........................................... 67 ................... 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. 

AK state-managed waters of Prince William Sound 

groundfish trawl.

2 ..................... None documented. 

CA halibut bottom trawl ....................................................... 23 ................... California sea lion, U.S. 

Harbor porpoise, unknown. 

Harbor seal, unknown. 

Northern elephant seal, CA breeding. 

Steller sea lion, unknown. 

CA sea cucumber trawl ....................................................... 11 ................... None documented. 

WA/OR/CA shrimp trawl ...................................................... 130 ................. California sea lion, U.S. 

WA/OR/CA groundfish trawl ................................................ 118 ................. 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 ..................... Sperm whale, North Pacific. 

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 ................. None documented in most recent 5 years of data. 

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 ................................................................. 113 ................. Gray whale, Eastern North Pacific. 

Harbor seal, CA. 

CA other crab/shellfish pot fishery ...................................... 40 ................... None documented. 

WA/OR/CA hagfish pot ........................................................ 63 ................... None documented. 

WA/OR/CA other groundfish pot fishery ............................. 68 ................... None documented. 

WA/OR shrimp pot/trap ....................................................... 28 ................... None documented. 

WA Puget Sound Dungeness crab pot/trap ........................ 145 ................. None documented. 

HI crab trap .......................................................................... 4 ..................... Humpback whale, Central North Pacific. 

HI fish trap ........................................................................... 4 ..................... None documented. 

HI lobster trap ...................................................................... None recorded None documented in recent years. 

HI shrimp trap ...................................................................... 3 ..................... None documented. 

HI crab net ........................................................................... None recorded None documented. 

HI Kona crab loop net ......................................................... 20 ................... 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 ................. None documented in most recent 5 years of data. 

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

American Samoa bottomfish ............................................... 9 ..................... None documented. 

Commonwealth of the Northern Mariana Islands 

bottomfish.

11 ................... None documented. 

Guam bottomfish ................................................................. 67 ................... None documented. 

HI aku boat, pole, and line .................................................. None recorded None documented. 

HI bottomfish handline ......................................................... 385 ................. None documented in recent years. 

HI inshore handline ............................................................. 206 ................. None documented. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 43509 

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

Fishery description 

Estimated 

number of 

vessels/ 

persons 

Marine mammal species and/or 

stocks incidentally killed or injured 

HI pelagic handline .............................................................. 300 ................. None documented. 

WA/OR/CA groundfish/finfish hook and line ....................... 689 ................. California sea lion, U.S. 

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

Harpoon Fisheries: 

CA swordfish harpoon ......................................................... 21 ................... 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 ..................................................................... None recorded None documented. 

Bait Pens: 

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

Dredge Fisheries: 

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. 

CA/OR/WA dive collection ................................................... 186 ................. None documented. 

CA/WA kelp, seaweed and algae ....................................... 4 ..................... None documented. 

HI black coral diving ............................................................ None recorded None documented. 

HI fish pond ......................................................................... None recorded None documented. 

HI handpick .......................................................................... 25 ................... None documented. 

HI lobster diving ................................................................... 12 ................... None documented. 

HI spearfishing ..................................................................... 82 ................... None documented. 

WA/OR/CA hand/mechanical collection .............................. 320 ................. None documented. 

Commercial Passenger Fishing Vessel (Charter Boat) Fisheries: 

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

AK).

Humpback whale, Central North Pacific. 

Humpback whale, Western North Pacific. 

Killer whale, unknown. 

Steller sea lion, Eastern U.S. 

Steller sea lion, Western U.S. 

Live Finfish/Shellfish Fisheries: 

HI aquarium collecting ......................................................... 34 ................... 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, Northern Migratory coastal. 


lotter on DSK11XQN23PROD with PROPOSALS1
43510 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 

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, 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. 

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


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 43511 

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 

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. 

Bottlenose dolphin, Northern GMX coastal.1

Bottlenose dolphin, Pensacola Bay, East Bay. 

Bottlenose dolphin, Perdido Bay. 

Bottlenose dolphin, SC/GA coastal.1

Bottlenose dolphin, Southern migratory coastal. 

Bottlenose dolphin, Western GMX coastal.1

Trap/Pot Fisheries: 

MA mixed species trap/pot .................................................. 1,240 .............. None documented. 

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: 


lotter on DSK11XQN23PROD with PROPOSALS1
43512 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 

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 

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. 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 43513 

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 

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: 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1
43514 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 

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 * ........................................ 39 ............. 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. 

Kogia spp. (Pygmy or dwarf sperm 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: 

Western and Central Pacific Ocean Tuna Purse Seine ........ 20 ............. Bottlenose dolphin, HI Pelagic. 

Blue whale, unknown. 

Bryde’s whale, HI. 

False killer whale, HI Pelagic. 

Fin whale, HI. 

Humpback whale, unknown. 

Indo-Pacific dolphin. 

Long-beaked common dolphin, CA. 

Melon-headed whale, unknown. 

Minke whale, HI. 

Pantropical spotted dolphin, unknown. 

Pygmy killer whale, HI. 

Risso’s dolphin, unknown. 

Rough-toothed dolphin, unknown. 

Sei whale, HI. 

Short-finned pilot whale, unknown. 

Sperm whale, HI. 

Spinner dolphin, unknown. 

Western Pacific Pelagic ......................................................... 1 ............... No information. 

Longline Fisheries: 

CCAMLR ................................................................................ 0 ............... None documented. 

South Pacific Albacore Troll ................................................... 6 ............... No information. 

Western Pacific Pelagic (HI Shallow-set component) * ∧ ....... 11 ............. Bottlenose dolphin, HI Pelagic. 

False killer whale, HI Pelagic. 

Fin whale, HI. 

Ginkgo-toothed beaked whale. 

Guadalupe fur seal. 

Humpback whale, Central North Pacific. 

Northern elephant seal, CA breeding. 

Risso’s dolphin, HI. 

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

Striped dolphin, HI. 


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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 

Handline/Pole and Line Fisheries: 

Atlantic Highly Migratory Species .......................................... 1 ............... No information. 

Pacific Highly Migratory Species ........................................... 44 ............. No information. 

South Pacific Albacore Troll ................................................... 9 ............... No information. 

Western Pacific Pelagic ......................................................... 5 ............... No information. 

Troll Fisheries: 

Atlantic Highly Migratory Species .......................................... 0 ............... No information. 

South Pacific Albacore Troll ................................................... 20 ............. No information. 

South Pacific Tuna Fisheries ** .............................................. 0 ............... No information. 

Western Pacific Pelagic ......................................................... 6 ............... No information. 

CATEGORY III 

Longline Fisheries: 

Northwest Atlantic Bottom Longline ....................................... 2 ............... None documented. 

Pacific Highly Migratory Species ........................................... 111 ........... 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 * ......................................... 107 ........... None documented. 

List of Terms, Abbreviations, and Symbols Used in Table 3: 

CA—California; GMX—Gulf of Mexico; HI—Hawaii; OR—Oregon; WA—Washington; WNA—Western North Atlantic; 

* Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. The number of permits listed in 

Table 3 represents only the number of permits for the high seas component of the fishery; 

** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna 

Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits are valid for 5 years, permits obtained in past years 

exist in the HSFCA permit database for gear types that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it 

does not represent effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for unauthorized gear 

types expire, the permit-holder will be required to obtain a permit for an authorized gear type; and ∧The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or 

stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal 

waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of 

the EEZ boundary. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these 

fisheries operating in U.S. waters. 

TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS

Take reduction plans Affected fisheries 

Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 Category I 

Mid-Atlantic gillnet. 

Northeast/Mid-Atlantic American lobster trap/pot. 

Northeast sink gillnet. 

Category II 

Atlantic blue crab trap/pot. 

Atlantic mixed species trap/pot. 

MA 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. 


lotter on DSK11XQN23PROD with PROPOSALS1
43516 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 

TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued 

Take reduction plans Affected fisheries 

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 proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Any entity 

with combined annual fishery landing 

receipts less than $11 million is 

considered a small entity for purposes 

of the Regulatory Flexibility Act. Under 

the size standard, all entities subject to 

this action were considered small 

entities; thus, they all would continue to 

be considered small under the new 

standards. 

Under existing regulations, all 

individuals participating in Category I 

or II fisheries must register under the 

MMPA and obtain an authorization 

certificate. The authorization certificate 

authorizes the taking of non-endangered 

and non-threatened marine mammals 

incidental to commercial fishing 

operations. Additionally, individuals 

may be subject to a TRP and requested 

to carry an observer. NMFS has 

estimated that up to approximately 

55,502 fishing vessels, most with annual 

revenues below the SBA’s small entity 

thresholds, may operate in Category I or 

II fisheries. As fishing vessels operating 

in Category I or II fisheries, they are 

required to register with NMFS. The 

MMPA registration process is integrated 

with existing state and Federal 

licensing, permitting, and registration 

programs. Therefore, individuals who 

have a state or Federal fishing permit or 

landing license, or who are authorized 

through another related state or Federal 

fishery registration program, are 

currently not required to register 

separately under the MMPA or pay the 

$25 registration fee. Through this 

integrated process, registration under 

the MMPA, including the $25 

registration fee, is only required for 

vessels participating in a Category I or 

II non-permitted fishery. All Category I 

and II fisheries listed on the 2022 

proposed LOF are permitted through 

state or Federal processes, and 

registration under the MMPA is covered 

through the integrated process. 

Therefore, this proposed rule would not 

impose any direct costs on small 

entities. 

The MMPA requires any vessel owner 

or operator participating in a fishery 

listed on the LOF to report to NMFS, 

within 48 hours of the end of the fishing 

trip, all marine mammal incidental 

mortalities and injuries that occur 

during commercial fishing operations. 

These marine mammal mortalities and 

injuries are reported using a postagepaid, Office of Management and Budget 

(OMB) approved form (OMB Control 

Number 0648–0292). This postage-paid 

form requires less than 15 minutes to 

complete and can be dropped in any 

mailbox, faxed, emailed, or completed 

online within 48 hours of the vessels 

return to port. Therefore, record keeping 

and reporting costs associated with this 

LOF are minimal and would not have a 

significant impact on a substantial 

number of small entities. 

If a vessel is requested to carry an 

observer, vessels will not incur any 

direct economic costs associated with 

carrying that observer. As a result of this 

certification, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. In the event 

that reclassification of a fishery to 

Category I or II results in a TRP, 

economic analyses of the effects of that 

TRP would be summarized in 

subsequent rulemaking actions. 

This proposed rule contains existing 

collection-of-information (COI) 

requirements subject to the Paperwork 

Reduction Act and would not impose 

additional or new COI requirements. 

The COI for the registration of 

individuals under the MMPA has been 

approved by the OMB under OMB 

Control Number 0648–0293 (0.15 hours 

per report for new registrants). The 

requirement for reporting marine 

mammal mortalities or injuries has been 

approved by OMB under OMB Control 

Number 0648–0292 (0.15 hours per 

report). These estimates include the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the COI. Send comments regarding these 

reporting burden estimates or any other 

aspect of the COI, including suggestions 

for reducing burden, to NMFS (see 

ADDRESSES). You may also submit 

comments on these or any other aspects 

of the collection of information at 

www.reginfo.gov/public/do/PRAMain. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with a COI, 

subject to the requirements of the 

Paperwork Reduction Act, unless that 

COI displays a currently valid OMB 

control number. 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Orders 12866 and 

13563. 

In accordance with the Companion 

Manual for NOAA Administrative Order 

(NAO) 216–6A, NMFS preliminarily 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules 43517 

determined that publishing this 

proposed LOF qualifies to be 

categorically excluded from further 

NEPA review, consistent with categories 

of activities identified in Categorical 

Exclusion G7 (‘‘Preparation of policy 

directives, rules, regulations, and 

guidelines of an administrative, 

financial, legal, technical, or procedural 

nature, or for which the environmental 

effects are too broad, speculative or 

conjectural to lend themselves to 

meaningful analysis and will be subject 

later to the NEPA process, either 

collectively or on a case-by-case basis’’) 

of the Companion Manual and we have 

not identified any extraordinary 

circumstances listed in Chapter 4 of the 

Companion Manual for NAO 216–6A 

that would preclude application of this 

categorical exclusion. If NMFS takes a 

management action, for example, 

through the development of a TRP, 

NMFS would first prepare an 

Environmental Impact Statement or 

Environmental Assessment, as required 

under NEPA, specific to that action. 

This proposed rule would not affect 

species listed as threatened or 

endangered under the ESA or their 

associated critical habitat. The impacts 

of numerous fisheries have been 

analyzed in various biological opinions, 

and this proposed rule will not affect 

the conclusions of those opinions. The 

classification of fisheries on the LOF is 

not considered to be a management 

action that would adversely affect 

threatened or endangered species. If 

NMFS takes a management action, for 

example, through the development of a 

TRP, NMFS would consult under ESA 

section 7 on that action. 

This proposed rule would have no 

adverse impacts on marine mammals 

and may have a positive impact on 

marine mammals by improving 

knowledge of marine mammals and the 

fisheries interacting with marine 

mammals through information collected 

from observer programs, stranding and 

sighting data, or take reduction teams. 

This proposed rule would not affect 

the land or water uses or natural 

resources of the coastal zone, as 

specified under section 307 of the 

Coastal Zone Management Act. 

References 

Carretta, J.V., E. Oleson, K.A. Forney, J. 

Baker, J.E. Moore, D.W. Weller, A.R. 

Lang, M.M. Muto, B. Hanson, A.J. Orr, H. 

Huber, M.S. Lowry, J. Barlow, D. Lynch, 

L. Carswell, and R.L. Brownell Jr. 2021. 

U.S. Pacific Marine Mammal Stock 

Assessments: 2020. U.S. Department of 

Commerce, NOAA Technical 

Memorandum NMFS–SWFSC–646. 

394 p. 

Carretta, J.V., J. Greenman, K. Wilkinson, J. 

Freed, L. Saez, D. Lawson, J. Viezbicke, 

and J. Jannot. 2021. Sources of humanrelated injury and mortality for U.S. 

Pacific west coast marine mammal stock 

assessments, 2015–2019. Draft reviewed 

by the Pacific Scientific Review Group in 

March, 2021. 162 p. 

Carretta, J.V., B. Delean, V. Helker, M.M. 

Muto, J. Greenman, K. Wilkinson, D. 

Lawson, J. Viezbicke, and J. Jannot. 2020. 

Sources of Human-Related Injury and 

Mortality for U.S. Pacific West Coast 

Marine Mammal Stock Assessments, 

2014–2018, U.S. Department of 

Commerce, NOAA Technical 

Memorandum NMFS–SWFSC631. 147 p. 

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

Rosel, P.E., editors. 2021. U.S. Atlantic 

and Gulf of Mexico Marine Mammal 

Stock Assessments 2020. U.S. 

Department of Commerce. 399 p. 

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

Rosel, P.E., editors. 2019. U.S. Atlantic 

and Gulf of Mexico Marine Mammal 

Stock Assessments 2018. NOAA Tech 

Memo NMFS–NE–258, 298 p. 

Muto, M.M., V.T. Helker, B.J. Delean, N.C. 

Young, J.C. Freed R.P. Angliss, P.L. 

Boveng, J.M. Breiwick, B.M. Brost, M.F. 

Cameron, P.J. Clapham, J.L. Crance, S.P. 

Dahle, M.E. Dahlheim, B.S. Fadely, M.C. 

Ferguson, L.W. Fritz, K.T. Goetz, 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, K.L. 

Sweeney, R.G. Towell, P.R. Wade, J.M. 

Waite, and Alexandre N. Zerbini. 2021. 

Alaska Marine Mammal Stock 

Assessments 2020. U.S. Department of 

Commerce, NOAA Tech. Memo. NMFS– 

AFSC–421. 398 p. 

Young, N.C., B.J. Delean, V.T. Helker, J.C. 

Freed, M.M. Muto, K. Savage, S. 

Teerlink, L.A. Jemison, K. Wilkinson, 

and J.E. Jannot. 2020. Human-caused 

mortality and injury of NMFS-managed 

Alaska marine mammal stocks, 2014– 

2018. U.S. Dep. Commer., NOAA Tech. 

Memo.NMFS–AFSC–413, 142 p. 

Dated: July 30, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–16653 Filed 8–6–21; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with PROPOSALS1