Notice2026-08717
Marine Mammal Protection Act List of Fisheries for 2026
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 5, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is publishing its proposed changes to the List of Fisheries (LOF) for 2026, as required by the Marine Mammal Protection Act (MMPA). The proposed changes to the LOF for 2026 reflects new information on interactions between commercial fisheries and marine mammals. Under the MMPA, NMFS must classify each commercial fishery on the LOF into one of three categories based on the level of mortality and serious injury (M/SI) 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 those regarding registration, observer coverage, and take reduction plan (TRP) requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Notices]
[Pages 24176-24205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08717]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 260430-0120; RTID 0648-XE921]
Marine Mammal Protection Act List of Fisheries for 2026
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comment.
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SUMMARY: NMFS is publishing its proposed changes to the List of
Fisheries (LOF) for 2026, as required by the Marine Mammal Protection
Act (MMPA). The proposed changes to the LOF for 2026 reflects new
information on interactions between commercial fisheries and marine
mammals. Under the MMPA, NMFS must classify each commercial fishery on
the LOF into one of three categories based on the level of mortality
and serious injury (M/SI) 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 those regarding registration, observer coverage,
and take reduction plan (TRP) requirements.
DATES: Comments must be received by June 4, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2025-0044, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2025-0044 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), 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; Cheryl Cross, Greater Atlantic Region, 978-
281-9100; Jessica Powell, Southeast Region, 727-824-5312; Meghan
Roberts, West Coast Region, 206-526-4048; Suzie Teerlink, Alaska
Region, 907-586-7240; Charlotte Frank, Pacific Islands Region, 808-725-
5156. 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
M/SI 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 those regarding registration,
observer coverage, and TRP 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 M/SI for a
particular stock. If the total annual M/SI 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
[[Page 24177]]
be placed in Category III (unless those fisheries interact with other
stock(s) for which total annual M/SI is greater than 10 percent of
PBR). Otherwise, these fisheries are subject to the next tier of
analysis (Tier 2) to determine their classification.
Tier 2: Tier 2 considers fishery-specific M/SI for a particular
stock.
Category I: Annual M/SI of a stock in a given fishery is greater
than or equal to 50 percent of the PBR level (i.e., frequent incidental
M/SI of marine mammals).
Category II: Annual M/SI 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 M/SI of marine mammals).
Category III: Annual M/SI 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 M/SI 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 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). The superscript ``1'' in tables 1 and 2 identifies stocks
whose incidental M/SI determines a fishery's higher classification.
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 Category
II and III fisheries (50 CFR 229.2). In the absence of reliable
information indicating the frequency of incidental M/SI of marine
mammals by a commercial fishery, NMFS will determine the level of
incidental mortality or serious injury 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.
Further, eligible commercial fisheries not specifically identified
on the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks
incidentally killed or injured in each commercial fishery. The list of
species and/or stocks incidentally killed or injured includes serious
and non-serious documented injuries as described below 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 America, 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. Information
includes 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 M/SI by source.
The SARs are based upon the best available scientific information at
the time of their publication and generally 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 2026 LOF
generally summarizes data from 2017 through 2022. NMFS also reviews
other sources of more recent 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 outside of the SAR and used in the LOF because NMFS
determined it was the best scientific information available.
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
and resulting data 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 typically presented in the SARs. Data obtained from the
observer program and observer coverage levels are important tools in
estimating the level of marine mammal M/SI 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. 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 M/SI of marine mammals. Fishery information
presented in the SARs' appendices and other resources referenced during
the tier analysis may include the 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. The
SARs are available on NMFS' website at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. Information on observer coverage levels in Category I,
II, and III fisheries and detailed descriptions of each Category I and
II fishery on the LOF can be found in the fishery fact sheets on NMFS'
website: https://www.fisheries.noaa.gov/national/
[[Page 24178]]
marine-mammal-protection/list-fisheries-summary-tables. Additional
information on observer programs in commercial fisheries can be found
on NMFS' website: <a href="https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program">https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program</a>.
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 America, and
Caribbean, and table 3 lists all U.S. authorized commercial fisheries
on the high seas. The full LOF tables are available on our website at
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>. 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?
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. 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 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.
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
<a href="https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits">https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits</a>.
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: (1) when the fishery was added to the LOF;
(2) the basis for the fishery's initial classification; (3)
classification changes to the fishery; (4) changes to the list of
species and/or stocks incidentally killed or injured in the fishery;
(5) fishery gear and methods used; (6) observer coverage levels; (7)
fishery management and regulation; and (8) 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 NMFS' website: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>, 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 marine mammals incidental to commercial
fishing operations. The take of threatened or endangered marine mammals
requires additional authorization. Owners of vessels or gear engaged in
a Category III fishery are not required to register with NMFS or obtain
a marine mammal authorization certificate.
How do I register, renew, and receive my Marine Mammal Authorization
Program (MMAP) authorization certificate?
NMFS has integrated the MMPA registration process, implemented
through the 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 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, Southeast and West Coast Regions, NMFS will
issue vessel or gear owners an authorization certificate
electronically. The certificate can be downloaded and/or printed at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate</a>. Printed copies can be mailed upon request by
contacting <a href="/cdn-cgi/l/email-protection#17797a716439707665397a7a766774726563577978767639707861"><span class="__cf_email__" data-cfemail="442a2922376a2325366a2929253427213630042a2b25256a232b32">[email protected]</span></a> or 978-281-9120 in the Greater
Atlantic Region, <a href="/cdn-cgi/l/email-protection#b9d7d4dfca97cadccbd697d4d4d8c9f9d7d6d8d897ded6cf"><span class="__cf_email__" data-cfemail="503e3d36237e2335223f7e3d3d3120103e3f31317e373f26">[email protected]</span></a> or MMAP Hotline at 727-209-
5952 in the Southeast Region, and <a href="/cdn-cgi/l/email-protection#fd90989a959c93d38f929f988f898ebd93929c9cd39a928b"><span class="__cf_email__" data-cfemail="9af7fffdf2fbf4b4e8f5f8ffe8eee9daf4f5fbfbb4fdf5ec">[email protected]</span></a> in the West
Coast Region.
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: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate</a>.
The authorization certificate or a copy (physical or electronic)
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
[[Page 24179]]
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.e., Category I, Category II, or Category 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 <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations</a> or by contacting the appropriate regional office (see FOR
FURTHER INFORMATION CONTACT). Forms may be submitted online using the
electronic form, emailed as an attachment to <a href="/cdn-cgi/l/email-protection#533d3e35207d3e3a2136233c2127133d3c32327d343c25"><span class="__cf_email__" data-cfemail="335d5e55401d5e5a4156435c4147735d5c52521d545c45">[email protected]</span></a>,
faxed to the NMFS Office of Protected Resources at 301-713-0376, or
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. Observer requirements are found in 50 CFR 229.7.
Am I required to comply with any marine mammal TRP regulations?
Table 4 provides a LOF 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 <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams</a>. 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 <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a> 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: Cheryl Cross;
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: Meghan Roberts;
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:
Charlotte Frank.
Sources of Information Reviewed for the 2026 LOF
NMFS reviewed the marine mammal incidental M/SI information
presented in the SARs for all fisheries to determine whether changes in
fishery classification were warranted. The SARs are based on the best
scientific information available at the time of preparation, including
the level of M/SI 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 America, 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, as well as on uncertainties in the
science, research needs, and other issues (see 16 U.S.C. 1386(d)).
NMFS also reviewed other sources of new information, including
marine mammal stranding and entanglement data, injury determination
reports, observer program data, fishermen self-reports, reports to the
SRGs, conference papers, Fishery Management Plans (FMPs), and
Endangered Species Act (ESA) documents.
The proposed changes to the LOF for 2026 are based on, among other
things, stranding data, fishermen self-reports, and SARs (primarily the
final 2023 SARs, which are based on data from 2017 through 2021, and
final 2024 SARs, which are based on data from 2018 through 2022). The
SARs referenced in this notice include 2022 (88 FR 54592, August 11,
2023), 2023 (89 FR 5495, January 29, 2024) and 2024 (90 FR 13344, March
21, 2025). The SARs are available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. We expect that the 2024 SARs will be finalized before
the 2026 changes to the LOF are published.
Summary of Changes to the LOF for 2026
NMFS has withdrawn the proposed MMPA LOF for 2025 (89 FR 77789,
Sept. 24, 2024) because it has determined the annual LOF has been
historically misclassified as a ``rule''. The annual LOF does not meet
the definition of a ``rule'' under the Administrative Procedure Act
(see 5 U.S.C. 551(4)) because it is not an agency statement designed to
implement, interpret, or prescribe law or policy. Rather, the LOF
announces the statutory and regulatory category (i.e., frequent
(Category I), occasional (Category II), or remote (Category III)
incidental mortality and serious injury) each fishery belongs to based
on the best available scientific information. At this time, the 2024
LOF (89 FR 12257, Feb. 16, 2024) remains in effect until the proposed
changes to the LOF are finalized and is available on our website at
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>.
The following summarizes proposed changes to the LOF for 2026,
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 proposes to add two fisheries, remove one
fishery
[[Page 24180]]
and reclassify three fisheries in the LOF for 2026. NMFS also proposes
changes to the estimated number of vessels/persons and list of species
and/or stocks killed or injured in certain fisheries. The
classifications and definitions of U.S. commercial fisheries for 2026
are identical to those provided in the LOF for 2024, except for the
changes discussed below.
Pursuant to Executive Order 14172 (``Restoring Names to Honor
American Greatness'') (January 20, 2025), the Gulf of Mexico is renamed
as the Gulf of America. For purposes of the LOF, this proposed notice
updates names and fishery descriptions of 19 fisheries consistent with
the renaming of the Gulf. The name change does not result in any
changes to, and has no effect on the applicability or enforceability
of, any existing regulations. Marine Mammal stock names that include
``Gulf of Mexico'' will be revised to ``Gulf of America'' in a future
LOF, consistent with the updates to the stock names in the SARs.
State and regional abbreviations used in the following paragraphs
include: AI (Aleutian Islands), AK (Alaska), BS (Bering Sea), CA
(California), FL (Florida), GA (Georgia), GOA (Gulf of Alaska), HI
(Hawaii), MA (Massachusetts), NC (North Carolina), OR (Oregon), SC
(South Carolina) and WA (Washington).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the Category I CA Dungeness crab pot
fishery to a Category II fishery. The most recent estimate of annual M/
SI of the Central America/Southern Mexico--CA/OR/WA stock of humpback
whales from 2018 through 2022 is 1.25, which is 35.7 percent of this
stock's PBR of 3.5 (Carretta et al., 2024a; Carretta et al., 2024b).
Because the estimated M/SI is between 1 and 50 percent of the stock's
PBR, NMFS proposes to reclassify the CA Dungeness crab pot fishery from
a Category I to a Category II fishery.
NMFS proposes to reclassify the Category II HI shallow-set longline
fishery to a Category III fishery. The Category II classification of
this fishery was based on the mean annual estimated M/SI of the Hawaii
pelagic stock of false killer whales. The mean annual estimated M/SI of
the Hawaii pelagic stock of false killer whales from 2017 through 2021
is 0.2, which is 0.56 percent of the stock's PBR (36 whales) (Carretta
et al., 2024b). Because the estimated M/SI is less than 1 percent of
the stock's PBR, NMFS proposes to reclassify the HI shallow-set
longline fishery from a Category II to a Category III fishery.
There are several fisheries on the LOF for which a portion of the
fishing vessels cross the Exclusive Economic Zone (EEZ) boundary and
therefore, operate both within U.S. waters and on the high seas. These
fisheries, though listed separately, are considered the same fisheries
on either side of the EEZ boundary. The Category II Western Pacific
Pelagic longline fishery (HI shallow-set component) is the
corresponding high seas component of the HI shallow-set longline
fishery. Therefore, NMFS proposes to also reclassify the corresponding
high seas component Category II Western Pacific Pelagic longline
fishery (HI shallow-set component) to a Category III fishery.
Addition of Fisheries
NMFS proposes to add the CA deep-set buoy gear fishery as a
Category III fishery. The fishery operates in federal waters along the
U.S. West Coast from the U.S./Mexico border to the WA/OR boundary line.
The fishery targets swordfish and bluefin tuna and has 25 participants.
The CA deep-set buoy gear fishery is a year-round fishery with most
effort occurring during the late summer, fall, and winter months.
Effort is based on fish availability, which can highly fluctuate during
El Ni[ntilde]o and La Ni[ntilde]a years. To date, the majority of
effort has occurred in federal waters in the Southern California Bight
around the Channel Islands. Effort seldom extends farther than 30
nautical miles (nm) (55.56 kilometers (km)) offshore and vessels are
required to stay beyond state boundary lines, 3 nm (5.56 km) from the
mainland and 1 nm (1.852 km) from Channel Islands. Some vessels may
fish within state waters for exploratory purposes. Most fishing occurs
during the day, but a limited number of vessels are approved to fish at
night for exploratory purposes. Additionally, fishing using the linked
buoy gear configuration (described below) is prohibited in depths
shallower than 400 meters (m).
Deep-set buoy gear employs a hook and line system where a
floatation device is deployed on the surface from which a single
weighted line hangs with baited hooks attached. The gear can be fished
in two distinct configurations, standard deep-set buoy gear and linked
deep-set buoy gear, both of which must be actively tended. Standard
buoy gear and linked buoy gear can be fished at the same time so long
as no more than 10 pieces of gear are deployed at any 1 time.
Standard buoy gear: An individual piece (section) of standard buoy
gear consists of a vertical monofilament mainline suspended from a
buoy-array of three buoys with a terminal weight. This typically
includes one 46-pound non-compressible float, one soft buoy, and one
hard bullet indicator buoy, which is connected directly to a
monofilament vertical mainline (typically 300 m long and 2.8-3.5
millimeters thick) attached to a minimum 8 pound (3.6 kg) weight at the
bottom. Up to three gangions with baited hooks may be attached to the
mainline at a minimum depth of 90 m. An illumination source (e.g.,
cyalume or power light) may be used near each gangion, if desired. All
gear must remain within a radius of no more than 5 nm (9.26 km) and the
vessel may be no more than 3 nm (5.56 kilometers) from the nearest
piece of gear.
Linked buoy gear: An individual piece (section) of linked buoy gear
consists of a monofilament mainline which extends vertically from a
buoy-array (either directly or from a minimum 50-foot extender) to a
weight; then horizontally to a second weight; then vertically to a
minimum 50-foot extender attached to a second buoy-array. Up to three
gangions with hooks may be connected to each horizontal section of the
mainline, all of which must be fished below 90 meters. The pieces may
be linked together by the mainline, which is serviceable between each
piece of linked buoy gear and must be suspended between links below a
depth of 50 feet.
The Federal deep-set buoy gear fishery is managed by the Pacific
Fishery Management Council under the Fishery Management Plan for West
Coast Highly Migratory Species (HMS) Fisheries. State-based exploratory
fishing is managed by the California Department of Fish and Wildlife
(CDFW). The Federal fishery currently consists of two permit types.
Limited entry permits are required to fish deep-set buoy gear south of
Point Conception while deep-set buoy gear is permitted on an open
access basis north of Point Conception for any vessels with a General
HMS permit and deep-set buoy gear endorsement. All West Coast vessels
targeting HMS species require a Federal HMS permit, a CDFW swordfish
permit in order to land swordfish in California, and a deep-set buoy
gear limited entry permit to fish deep-set buoy gear south of Point
Conception. Under the current, authorized fishery, operators are
required to submit pre-trip notifications to NMFS before fishing, and
NMFS places observers aboard deep-set buoy gear boats at its discretion
[[Page 24181]]
(subject to available funding and Agency priorities).
NMFS proposes to add the CA deep-set buoy gear fishery as a
Category III fishery based on observed bycatch of four Northern
elephant seals between 2015 and 2019 (NMFS 2023a). All four seals were
released alive and injury determinations were not conducted for the
events. The most recent estimate of total annual fishery M/SI of the CA
breeding stock of elephant seal is 6.8 and PBR is 5,328 (Carretta et
al., 2026), which is 0.1 percent of the stock's PBR. Because injury
determinations were not conducted for the four elephant seals released
alive, the injuries are not counted against PBR in the 2024 SAR.
However, if the injuries were determined to be serious, the addition of
these four injuries total annual fishery M/SI would continue to be less
than one percent of PBR. Therefore, using the Tier 1 analysis, NMFS
proposes to classify the CA deep-set buoy gear fishery as a Category
III fishery because total annual M/SI of the CA breeding stock of
Northern elephant seals across all fisheries is less than or equal to
10 percent of the stock's PBR. NMFS also proposes to add the CA
breeding stock of elephant seal to the list of species/stocks
incidentally killed or injured in this fishery.
Fishery Name and Organizational Changes and Clarifications
NMFS proposes to revise the fishery description for the Category
III West Coast pelagic longline fishery as follows. The West Coast
pelagic longline fishery targets bigeye, yellowfin, Pacific bluefin,
and skipjack tuna along with opah and other HMS in the Eastern Pacific
Ocean. Fishing occurs primarily outside of the U.S. EEZ (3 to 200 nm
(5.6-370.4 km) off the coast) unless such activities are approved to
occur in federal waters for exploratory purposes. The offshore fishery
generally extends south to 20[deg] north latitude and west to 140[deg]
west longitude and commonly targets bigeye tuna at depths from anywhere
between 250 and 400 meters (820.2-1312.3 ft) during the daytime. Nearer
to shore fishing activities target swordfish at night at depths below
30 m and typically target swordfish, tunas and other marketable HMS at
depths below 100 meters during the day.
Gear consists of a monofilament main line approximately 3.2-3.5 mm
(0.1 inch (in)) thick that is set, retrieved and stored on large
hydraulic reels, except when using braided line with basket gear. The
length of the mainline varies with the number of hooks set (from 150 to
2,500+). Fewer hooks are set on configurations fished nearshore and
within federal waters than in sets occurring on the high seas. The
horizontal mainline is suspended at the target fishing depth by
inflatable floats attached via float lines made of monofilament or
braided line. Part of the array used to suspend the mainline includes
radio buoys, used to show the location and footprint of the gear on the
radar of the fishing vessel. Attached to the mainline are monofilament
branch lines (usually 5-30 between each float, depending on the
configuration), and vary in length to reach target depths. These lines
culminate in a swivel weight from which a leader line extends to a
large hook (typically an offset circle hook larger than 14/0). Bait
used in these fisheries consists of mackerel-type fish, squid, or
artificial baits.
The fishery is managed under the HMS FMP by the Pacific Fishery
Management Council. All U.S. West Coast vessels targeting tunas require
a Federal HMS permit and registration with the Inter-American Tropical
Tuna Commission (IATTC). Use of either shallow-set or deep-set pelagic
longline gear within the U.S. EEZ of the U.S. West Coast is prohibited
unless such activities are approved to occur in Federal waters for
exploratory purposes. The HMS FMP does not permit shallow-set longline
fishing, although shallow-set longline vessels fishing under a Hawaii
longline permit (under the Pelagics FMP) do make landings into
California. Use of a vessel monitoring system, attendance at protected
species workshops, and the possession/use of sea turtle, seabird,
marine mammal and shark mitigation gear and safe handling techniques
are required.
The IATTC specifies trip limits (for certain vessel classes/sizes)
and yearly catch limits each year for all tuna species in the
Convention Area. Federal logbooks are required for all authorized
fisheries targeting HMS. Observers are required but the level of
coverage varies depending on monitoring needs and funding availability.
NMFS proposes to clarify the fishery description for the Category
II WA/OR/CA sablefish pot fishery to specify that this fishery operates
in both state and federal waters.
NMFS proposes to remove the Category III HI aquarium collecting
fishery from the LOF. There are no participants in the fishery and
commercial aquarium fishing is inactive in Hawaii.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico--CA/OR/WA stocks of humpback whale to indicate that M/
SI of the stock is determining the Category II classification of the CA
thresher shark/swordfish drift gillnet (>=14 in mesh) fishery. NMFS
also proposes to remove the superscript ``1'' from the CA/OR/WA stocks
of short-finned pilot whale and sperm whale to indicate that M/SI of
the stocks are no longer determining the Category II classification of
the CA thresher shark/swordfish drift gillnet (>=14 in mesh) fishery.
NMFS proposes to add the superscript ``1'' to the Eastern North
Pacific stock of blue whale and Mainland Mexico-CA/OR/WA stock of
humpback whale to indicate that M/SI of the stocks are determining the
Category II classification of the CA Dungeness crab pot fishery.
NMFS proposes to add the superscript ``1'' to the Mainland Mexico-
CA/OR/WA stock of humpback whale to indicate that M/SI of the stock is
determining the Category II classification of the OR Dungeness crab pot
fishery.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the Pacific Ocean as follows:
Category I
<bullet> HI deep-set longline fishery from 146 to 147 vessels/
persons.
Category II
<bullet> CA Dungeness crab pot fishery from 471 to 469 vessels/
persons;
<bullet> CA halibut/white seabass and other species set gillnet
(>3.5 in mesh) fishery from 39 to 41 vessels/persons;
<bullet> CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size >3.5 in and <14 in) fishery from 20 to 6 vessels/persons;
<bullet> AK Bristol Bay salmon drift gillnet fishery from 1,521 to
1,512 vessels/persons;
<bullet> AK Bristol Bay salmon set gillnet fishery from 855 to 847
vessels/persons;
<bullet> AK Kodiak salmon set gillnet fishery from 128 to 130
vessels/persons;
<bullet> AK Cook Inlet salmon set gillnet fishery from 479 to 301
vessels/persons;
<bullet> AK Cook Inlet salmon drift gillnet fishery from 355 to 350
vessels/persons;
<bullet> AK Peninsula/Aleutian Islands salmon drift gillnet from
148 to 145 vessels/persons;
<bullet> AK Peninsula/Aleutian Islands salmon set gillnet fishery
from 75 to 65 vessels/persons;
<bullet> AK Prince William Sound salmon drift gillnet fishery from
483 to 449 vessels/persons;
<bullet> AK Yakutat salmon set gillnet fishery from 95 to 75
vessels/persons;
<bullet> WA Puget Sound Region salmon drift gillnet (includes all
inland waters
[[Page 24182]]
south of US-Canada border and eastward of the Bonilla-Tatoosh line--
Treaty Indian fishing is excluded) fishery from 136 to 137 vessels/
persons;
<bullet> AK Bering Sea, Aleutian Islands flatfish trawl from 29 to
26 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands pollock trawl from 116 to
108 vessels/persons;
<bullet> CA spiny lobster fishery from 189 to 174 vessels/persons;
<bullet> CA spot prawn pot fishery from 22 to 20 vessels/persons;
<bullet> OR Dungeness crab pot fishery from 323 to 352 vessels/
persons;
<bullet> WA/OR/CA sablefish pot fishery from 144 to 122 vessels/
persons;
<bullet> AK Gulf of Alaska sablefish longline fishery from 177 to
141 vessels/persons; and
<bullet> HI shortline fishery from 8 to 11 vessels/persons.
Category III
<bullet> AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet
fishery from 360 to 155 vessels/persons;
<bullet> AK Prince William Sound salmon set gillnet fishery from 25
to 24 vessels/persons;
<bullet> AK roe herring and food/bait herring gillnet fishery from
15 to 8 vessels/persons;
<bullet> CA herring set gillnet fishery from 11 to 9 vessels/
persons;
<bullet> HI inshore gillnet fishery from 26 to 27 vessels/persons;
<bullet> WA Grays Harbor salmon drift gillnet (excluding treaty
Tribal fishing) fishery from 19 to 20 vessels/persons;
<bullet> WA/OR Mainstem Columbia River eulachon gillnet fishery
from 10 to 8 vessels/persons;
<bullet> WA/OR lower Columbia River (includes tributaries) drift
net fishery from 244 to 181 vessels/persons;
<bullet> WA Willapa Bay drift gillnet fishery from 57 to 47
vessels/persons;
<bullet> AK Cook Inlet salmon purse seine fishery from 16 to 11
vessels/persons;
<bullet> AK Kodiak salmon purse seine fishery from 159 to 167
vessels/persons;
<bullet> AK Southeast salmon purse seine fishery from 206 to 204
vessels/persons;
<bullet> AK roe herring and food/bait herring purse seine fishery
from 31 to 51 vessels/persons;
<bullet> AK salmon purse seine (Prince William Sound, Chignik,
Alaska Peninsula) fishery from 298 to 316 vessels/persons;
<bullet> WA/OR sardine purse seine fishery from six to zero
vessels/persons;
<bullet> CA anchovy, mackerel, sardine purse seine fishery from 53
to 59 vessels/persons;
<bullet> WA/OR Lower Columbia River salmon seine fishery from one
to zero vessels/persons;
<bullet> WA/OR herring, anchovy, smelt, squid purse seine or
lampara fishery from 41 to 48 vessels/persons;
<bullet> HI lift net fishery from 14 to 16 vessels/persons;
<bullet> HI inshore purse seine from none recorded to less than
three;
<bullet> HI throw net, cast net fishery from 13 to 21 vessels/
persons;
<bullet> HI seine net fishery from 17 to 15 vessels/persons;
<bullet> WA/OR/CA albacore surface hook and line/troll fishery from
556 to 540 vessels/persons;
<bullet> CA halibut, white seabass, and yellowtail hook and line/
handline fishery from 388 to 435 vessels/persons;
<bullet> AK salmon troll fishery from 850 to 754 vessels/persons;
<bullet> American Samoa tuna troll fishery from six to nine
vessels/persons;
<bullet> CA/OR/WA salmon troll fishery from 1,030 to 808 vessels/
persons;
<bullet> HI troll fishery from 1,124 to 1,038 vessels/persons;
<bullet> HI rod and reel fishery from 235 to 161 vessels/persons;
<bullet> Commonwealth of the Northern Mariana Islands tuna troll
fishery from 9 to 34;
<bullet> Guam tuna troll fishery from 450 to 449 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Greenland turbot longline
fishery from four to zero vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific cod longline
fishery from 26 to 22 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands sablefish longline fishery
from 18 to 11 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands halibut longline fishery
from 84 to 72 vessels/persons;
<bullet> AK Gulf of Alaska halibut longline fishery from 689 to 671
vessels/persons;
<bullet> AK Gulf of Alaska Pacific cod longline fishery from 23 to
42 vessels/persons;
<bullet> AK octopus/squid longline fishery from zero to one
vessels/persons;
<bullet> West Coast pelagic longline fishery from four to eight
vessels/persons;
<bullet> HI shallow-set longline fishery from 14 to 22 vessels/
persons;
<bullet> WA/OR/CA groundfish, bottomfish longline/set line fishery
from 314 to 296 vessels/persons;
<bullet> HI kaka line fishery from 17 to 8 vessels/persons;
<bullet> HI vertical line fishery from six to three vessels/
persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific cod trawl fishery
from 64 to 65 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands rockfish trawl fishery
from 22 to 18 vessels/persons;
<bullet> AK Gulf of Alaska flatfish trawl fishery from 16 to 9
vessels/persons;
<bullet> AK Gulf of Alaska Pacific cod trawl fishery from 12 to 31
vessels/persons;
<bullet> AK Gulf of Alaska pollock trawl fishery from 60 to 53
vessels/persons;
<bullet> AK Gulf of Alaska rockfish trawl fishery from 35 to 30
vessels/persons;
<bullet> AK shrimp otter trawl and beam trawl fishery from 12 to 8
vessels/persons;
<bullet> CA halibut bottom trawl fishery from 23 to 21 vessels/
persons;
<bullet> CA sea cucumber trawl fishery from 11 to 9 vessels/
persons;
<bullet> WA/OR/CA shrimp trawl fishery from 130 to 114 vessels/
persons;
<bullet> WA/OR/CA groundfish trawl fishery from 118 to 104 vessels/
persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific cod pot fishery
from 80 to 56 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands sablefish pot fishery from
15 to 29 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific crab pot fishery
from 73 to 88 vessels/persons;
<bullet> AK Gulf of Alaska crab pot fishery from 186 to 189
vessels/persons;
<bullet> AK Gulf of Alaska Pacific cod pot fishery from 48 to 69
vessels/persons;
<bullet> AK Gulf of Alaska sablefish pot fishery from 129 to 181
vessels/persons;
<bullet> AK Southeast Alaska crab pot fishery from 375 to 259
vessels/persons;
<bullet> AK Southeast Alaska shrimp pot fishery from 104 to 101
vessels/persons;
<bullet> AK shrimp pot, except Southeast fishery from 77 to 72
vessels/persons;
<bullet> CA Tanner crab pot fishery from one to two vessels/
persons;
<bullet> WA/OR/CA hagfish pot fishery from 63 to 47 vessels/
persons;
<bullet> WA Puget Sound Dungeness crab pot/trap fishery from 145 to
139 vessels/persons;
<bullet> HI crab trap from four to three vessels/persons;
<bullet> HI shrimp trap from three to less than three vessels/
persons;
<bullet> HI crab net fishery from four to less than three vessels/
persons;
<bullet> HI Kona crab loop net fishery from 13 to 24 vessels/
persons;
<bullet> AK Bering Sea, Aleutian Islands groundfish jig fishery
from two to one vessels/persons;
<bullet> AK Gulf of Alaska groundfish jig fishery from 68 to 76
vessels/persons;
<bullet> AK halibut jig fishery from five to four vessels/persons;
<bullet> American Samoa bottomfish fishery from 44 to 6 vessels/
persons;
<bullet> Commonwealth of the Northern Mariana Islands bottomfish
fishery from 7 to 29 vessels/persons;
<bullet> Guam bottomfish fishery from 63 to 55 vessels/persons;
<bullet> HI bottomfish handline fishery from 392 to 344 vessels/
persons;
[[Page 24183]]
<bullet> HI inshore handline fishery from 158 to 118 vessels/
persons;
<bullet> HI pelagic handline from 271 to 251 vessels/persons;
<bullet> CA swordfish harpoon fishery from 21 to 17 vessels/
persons;
<bullet> AK herring spawn on kelp pound net fishery from 143 to 99
vessels/persons;
<bullet> AK clam fishery from 57 to 60 vessels/persons;
<bullet> AK miscellaneous invertebrates handpick fishery from 188
to 165 vessels/persons;
<bullet> CA/OR/WA dive collection fishery from 186 to 149 vessels/
persons;
<bullet> HI black coral diving fishery from none recorded to less
than three;
<bullet> HI handpick fishery from 25 to 11 vessels/persons;
<bullet> HI lobster diving fishery from 12 to 8 vessels/persons;
<bullet> HI spearfishing fishery from 67 to 49 vessels/persons;
<bullet> WA/OR/CA hand/mechanical collection fishery from 320 to
422 vessels/persons; and
<bullet> CA nearshore finfish trap fishery from 42 to 43 vessels/
persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS proposes to correct an administrative error for the Category
III WA/OR/CA groundfish/finfish hook and line fishery. Based on public
comment, NMFS added the Central America/Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of humpback whale to the list of
species/stocks incidentally killed or injured in this fishery in the
final 2024 LOF (89 FR 12257, February 16, 2024) based on a 2021
humpback whale entanglement (Carretta et al., 2023a). Upon further
review of the entanglement report, NMFS determined the 2021 humpback
whale entanglement was not a confirmed entanglement. Because the
entanglement was not confirmed, following NMFS' Process for
Distinguishing Serious from Non-Serious Injury of Marine Mammals, an
injury determination was not conducted for this event (NMFS 2023).
Therefore, NMFS proposes to remove the Central America/Southern Mexico-
CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whale from the
list of species/stocks incidentally killed or injured in the Category
III WA/OR/CA groundfish/finfish hook and line fishery.
NMFS proposes to add Guadalupe fur seals to the list of species/
stocks incidentally killed or injured in the Category II CA thresher
shark/swordfish drift gillnet (>=14 in mesh) fishery based on an
observed mortality in 2023 (Carretta 2024).
NMFS proposes to add the CA/OR/WA stock of minke whale to the list
of species/stocks incidentally killed or injured in the Category II OR
Dungeness crab pot fishery. In 2021, a minke whale was reported
entangled in OR Dungeness crab pot gear off the coast of San Diego, CA,
with line bridled through the mouth and trailing buoys (Carretta et
al., 2024a).
NMFS proposes to add three stocks to the list of species/stocks
incidentally killed or injured in the Category III AK Bering Sea,
Aleutian Islands Pacific cod longline fishery. NMFS proposes to add the
Beringia stock of bearded seal based on an observed mortality in 2021
(Freed et al., 2023). NMFS also proposes to add both the Eastern North
Pacific Alaska resident and GOA, AI, BS transient stocks of killer
whales based on an observed mortality in 2022 (Brower et al., 2024).
The mortality was assigned to the Eastern North Pacific Alaska resident
and GOA, AI, BS transient stocks of killer whales because the stock is
unknown and these two stocks overlap in the area where the mortality
occurred.
NMFS proposes to add one stock and remove two stocks from the list
of species/stocks incidentally killed or injured in the Category II AK
Bering Sea, Aleutian Islands pollock trawl fishery. NMFS proposes to
add the Eastern North Pacific Alaska resident stock of killer whales
based on a self-reported mortality in 2021 (Brower et al., 2024). NMFS
proposes to remove both the Arctic stock of ringed seal and ribbon seal
because this fishery has 100 percent observer coverage and there were
no reported or observed M/SI of ribbon or ringed seals in the AK Bering
Sea, Aleutian Islands pollock trawl fishery from 2018 to 2022 (Brower
et al., 2024).
NMFS proposes to add the Hawai[revaps]i, Mexico-North Pacific, and
Western North Pacific stocks of humpback whales to the list of species/
stocks incidentally killed or injured in the Category III AK Bering
Sea, Aleutian Islands sablefish longline fishery based on a serious
injury in 2022 (Brower et al., 2024). The serious injury was assigned
to the three humpback whale stocks because the stock is unknown and
these three stocks overlap in the area where the serious injury
occurred.
NMFS proposes to add the unknown stock of beaked whale to the list
of species/stocks incidentally killed or injured in the Category III HI
shallow-set longline fishery based on an observed serious injury in
2021 (McCracken and Cooper 2022).
NMFS proposes to add the Arctic stock of ringed seal to the list of
species/stocks incidentally killed or injured in the Category III AK
Bering Sea, Aleutian Islands Pacific cod trawl fishery based on an
observed mortality in 2021 (Brower et al., 2024). NMFS also proposes to
remove the Alaska stock of bearded seal and ribbon seal from the list
of species/stocks incidentally killed or injured in the fishery.
Observer coverage for this fishery is between 67 and 80 percent, and
from 2016-2022 there have been no reported or observed M/SI of these
stocks in the AK Bering Sea, Aleutian Islands Pacific cod trawl fishery
(Freed et al., 2023 and Brower et al., 2024).
NMFS proposes to add the Pribilof Islands stock of harbor seal to
the list of species/stocks incidentally killed or injured in the
Category III AK Bering Sea, Aleutian Islands Pacific cod pot fishery
based on a self-reported mortality in 2022 (Brower et al., 2024). NMFS
also proposes to remove the Bristol Bay stock of harbor seal from the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands Pacific cod pot fishery. Observer
coverage for this fishery is between 9.7 and 35 percent and from 2018
through 2022 there were no reported or observed M/SI of this stock in
the AK Bering Sea, Aleutian Islands Pacific cod pot fishery (Young et
al., 2026).
NMFS proposes to remove four stocks from the list of species/stocks
incidentally killed or injured in the Category II AK Bering Sea,
Aleutian Islands flatfish trawl fishery: (1) Bering Sea stock of harbor
porpoise, (2) Western North Pacific stock of humpback whale, (3)
Eastern North Pacific stock of gray whale and (4) ribbon seal. This
fishery has 100 percent observer coverage, and from 2016 through 2022,
there were no reported or observed M/SI of these four stocks in the AK
Bering Sea, Aleutian Islands flatfish trawl fishery (Brower et al.,
2024, Freed et al., 2023 and Young et al., 2023).
NMFS proposes to remove the GOA, AI, BS transient 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. Observer coverage is between 52 and 62 percent when
the fishery is active, and from 2018 through 2020, there were no
reported or observed M/SI of this stock in the AK Bering Sea, Aleutian
Islands Greenland turbot longline fishery (Brower et al., 2024). More
recently, in 2021-2022, there has been zero participation in this
fishery.
[[Page 24184]]
The list of species/stocks incidentally killed or injured in this
fishery is proposed to be updated to state that none have been
documented in the most recent 5 years of data.
NMFS proposes to remove the Western U.S. stock of Steller sea lion
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska Pacific cod longline fishery. Observer
coverage for this fishery is between 0 and 39 percent, and from 2017
through 2021, there were no reported or observed M/SI of this stock in
the AK Gulf of Alaska Pacific cod longline fishery (Young et al.,
2024).
NMFS proposes to remove the Western U.S. stock of Steller sea lion
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska Pacific cod trawl fishery. Observer
coverage for this fishery is between 11 and 100 percent, and from 2017
through 2021 there were no reported or observed M/SI of this stock in
the AK Gulf of Alaska Pacific cod trawl fishery (Young et al., 2024).
The list of species/stocks incidentally killed or injured in this
fishery is proposed to be updated to state that none have been
documented in the most recent 5 years of data.
NMFS proposes to remove the Western U.S. stock of Steller sea lion
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska rockfish trawl fishery. Observer
coverage for this fishery is between 94 and 96 percent, and from 2018
through 2022 there were no reported or observed M/SI of this stock in
the AK Gulf of Alaska rockfish trawl fishery (Young et al., 2024 and
Young et al., 2026). The list of species/stocks incidentally killed or
injured in this fishery is proposed to be updated to state that none
have been documented in the most recent 5 years of data.
NMFS proposes to remove the Cook Inlet/Shelikof Strait stock of
harbor seal from the list of species/stocks incidentally killed or
injured in the Category III AK Gulf of Alaska flatfish trawl fishery.
Observer coverage for this fishery is between 35 and 94 percent, and
from 2018 through 2022 there were no reported or observed M/SI of this
stock in the AK Gulf of Alaska flatfish trawl (Brower et al., 2024).
NMFS proposes to remove ribbon seal from the list of species/stocks
incidentally killed or injured in the Category III AK Bering Sea,
Aleutian Islands rockfish trawl fishery. Observer coverage for this
fishery is between 95 and 96 percent, and from 2018 through 2022, there
were no reported or observed M/SI of this stock in the AK Bering Sea,
Aleutian Islands rockfish trawl fishery (Brower et al., 2024).
Commercial Fisheries in the Atlantic Ocean, Gulf of America, and
Caribbean
Addition of Fisheries
NMFS proposes to add the Massachusetts (MA) green crab pot fishery
as a Category III fishery. This fishery is managed by the state of
Massachusetts. It operates entirely in shallow (4 to 15 feet (1.22 to
4.57 m), inshore Massachusetts state waters in estuaries, harbors,
tidal creeks and salt marshes from April to November and targets green
crab (Carcinus maenas). This fishery uses wire mesh pots that are
discernible from other crab pot gear because the pots have a top entry
design and are often homemade. Because the green crab is an invasive
species, permits are not required to participate in the fishery;
however, letters of authorization are currently issued to 78 commercial
participants.
This fishery has been operating and regulated in Massachusetts for
over 60 years (Annotated Laws of Massachusetts, GL ch. 130, section
37A, 2024) and there have been no documented marine mammal M/SI
incidental to this fishery. Therefore, NMFS proposes to classify the MA
green crab pot fishery as a Category III fishery with no marine mammal
species/stocks identified as incidentally killed or injured in the
fishery.
Fishery Name and Organizational Changes and Clarifications
Consistent with Executive Order 14172 (Restoring Names to Honor
American Greatness), for purposes of the LOF, this proposed notice
updates the following fishery names and associated fishery descriptions
to reflect the renaming of the ``Gulf of Mexico'' to ``Gulf of
America''.
Category I
<bullet> Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline to Atlantic Ocean, Caribbean, Gulf of America large pelagics
longline.
Category II
<bullet> Gulf of Mexico gillnet to Gulf of America gillnet;
<bullet> Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl to
Southeastern U.S. Atlantic, Gulf of America shrimp trawl;
<bullet> Southeastern U.S. Atlantic, Gulf of Mexico stone crab
trap/pot to Southeastern U.S. Atlantic, Gulf of America stone crab
trap/pot; and
<bullet> Gulf of Mexico menhaden purse seine to Gulf of America
menhaden purse seine.
Category III
<bullet> Gulf of Mexico butterfish trawl to Gulf of America
butterfish trawl;
<bullet> Gulf of Mexico mixed species trawl to Gulf of America
mixed species trawl;
<bullet> Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean
snapper-grouper and other reef fish bottom longline/hook-and-line to
Southeastern U.S. Atlantic, Gulf of America, and Caribbean snapper-
grouper and other reef fish bottom longline/hook-and-line;
<bullet> Southeastern U.S. Atlantic, Gulf of Mexico shark bottom
longline/hook-and-line to Southeastern U.S. Atlantic, Gulf of America
shark bottom longline/hook-and-line;
<bullet> Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean
pelagic hook-and-line/harpoon to Southeastern U.S. Atlantic, Gulf of
America, and Caribbean pelagic hook-and-line/harpoon;
<bullet> U.S. Atlantic, Gulf of Mexico trotline to U.S. Atlantic,
Gulf of America trotline;
<bullet> Gulf of Mexico blue crab trap/pot to Gulf of America blue
crab trap/pot;
<bullet> Gulf of Mexico mixed species trap/pot to Gulf of America
mixed species trap/pot;
<bullet> Southeastern U.S. Atlantic, Gulf of Mexico golden crab
trap/pot to Southeastern U.S. Atlantic, Gulf of America golden crab
trap/pot;
<bullet> U.S. Mid-Atlantic/Gulf of Mexico oyster dredge to U.S.
Mid-Atlantic/Gulf of America oyster dredge;
<bullet> Gulf of Mexico haul/beach seine to Gulf of America haul/
beach seine;
<bullet> Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive,
hand/mechanical collection to Atlantic Ocean, Gulf of America,
Caribbean shellfish dive, hand/mechanical collection;
<bullet> Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and
Caribbean cast net to Gulf of America, Southeast Atlantic, Mid-
Atlantic, and Caribbean cast net; and
<bullet> Atlantic Ocean, Gulf of Mexico, Caribbean commercial
passenger fishing vessel to Atlantic Ocean, Gulf of America, Caribbean
commercial passenger fishing vessel.
NMFS proposes to add the superscript ``1'' to the Gulf of Maine
stock of humpback whale to indicate that M/SI of the stock is
determining the Category II classification of the Chesapeake Bay
inshore gillnet fishery.
NMFS proposes to add the superscript ``1'' to the Western North
Atlantic stock of common dolphin to indicate that M/SI of the stock is
determining the Category II classification of the Northeast bottom
trawl fishery. NMFS
[[Page 24185]]
also proposes to remove the superscript ``1'' from the Western North
Atlantic stock of Risso's dolphin to indicate that M/SI of the stock is
no longer determining the Category II classification of the Northeast
bottom trawl fishery.
NMFS proposes to add the superscript ``1'' to the Gulf of Maine
stock of humpback whale and Canadian East coast stock of minke whale to
indicate that M/SI of these stocks are determining the Category II
classification of the MA mixed species trap/pot fishery.
NMFS proposes to remove the superscript ``2'' from the Category II
Atlantic mixed species trap/pot fishery to indicate this fishery is not
classified by analogy to other Category II trap/pot fisheries. Instead,
NMFS proposes to add the superscript ``1'' to the Gulf of Maine stock
of humpback whale to indicate that M/SI of the stock is determining the
Category II classification of the Atlantic mixed species trap/pot
fishery (Henry et al., 2023).
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the Atlantic Ocean, Gulf of America, and Caribbean (Table 2) as
follows:
Category II
<bullet> MA mixed species trap/pot fishery from 1,240 to 2,915
vessels/persons;
<bullet> Southeastern U.S. Atlantic, Gulf of America stone crab
trap/pot fishery from 1,101 to 816 vessels/persons;
<bullet> Atlantic mixed species trap/pot fishery from 3,493 to
1,813 vessels/persons;
<bullet> NC inshore gillnet fishery from 1,157 to 1,005 vessels/
persons;
<bullet> NC long haul seine fishery from 10 to 26 vessels/persons;
and
<bullet> NC roe mullet stop net fishery from one to three vessels/
persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of America, and Caribbean
NMFS proposes to add the Gulf of Maine, Bay of Fundy stock of
harbor porpoise to the list of species/stocks incidentally killed or
injured in the Category I Northeast/mid- Atlantic American lobster and
Jonah crab trap/pot fishery based on a self-reported mortality in 2023.
NMFS proposes to add the Gulf of Maine stock of humpback whale and
Canadian East Coast stock of minke whale to the list of species/stocks
incidentally killed or injured in the Category II Chesapeake Bay
inshore gillnet fishery. In January 2020, a dead humpback whale was
reported in Virginia heavily entangled in gillnet gear (Henry et al.,
2023). Also in February 2020, a minke whale was reported in Virginia
entangled in gillnet gear resulting in a mortality (Hayes et al.,
2024).
NMFS proposes to add the Western North Atlantic stock of white-
sided dolphin to the list of species/stocks incidentally killed or
injured in the Category II mid-Atlantic mid-water trawl (including pair
trawl) fishery based on a self-reported mortality in 2020.
NMFS proposes to add the Western North Atlantic stock of
Globicephala spp. (long-finned or short-finned pilot whale) to the list
of species/stocks incidentally killed or injured in the Category II
mid-Atlantic bottom trawl fishery based on an observed injury in 2021
(Precoda and Lyssikatos 2023).
NMFS proposes to add the Northern Georgia/Southern South Carolina
estuarine system stock of bottlenose dolphin to the list of species/
stocks incidentally killed or injured in the Category II Southeastern
U.S. Atlantic, Gulf of America shrimp trawl fishery based on a self-
reported injury in 2023. Based on the location of the self-report, this
take was assigned to only this stock (i.e., there are no overlapping
stocks at this location).
NMFS proposes to add the Gulf of Maine stock of humpback whale and
the Canadian East coast stock of minke whale to the list of species/
stocks incidentally killed or injured in the Category II MA mixed
species trap/pot fishery. In June 2020, a humpback whale was reported
entangled off Chatham, MA. The whale was partially disentangled and
determined to be a serious injury, prorated to 0.75 (Henry et al.,
2023). In June 2022, a minke whale was entangled in lobster pot gear
set in MA state waters (Moise et al., 2025)
NMFS proposes to remove the Western North Atlantic stock of hooded
seal from the list of species/stocks incidentally killed or injured in
the Category I mid-Atlantic gillnet fishery. This fishery was observed
between 1 and 13 percent from 2017 through 2021 and there were no
reported or observed M/SI of this stock in this fishery.
NMFS proposes to remove the Central Florida coastal and Northern
Florida coastal stocks of bottlenose dolphin from the list of species/
stocks incidentally killed or injured in the Category II Southeast
Atlantic gillnet fishery. This fishery is observed and there have been
no reported or observed M/SI of these stocks in this fishery in over 5
years (Hayes et al., 2026). The fishery was observed at a range of 0.6
to 5.8 percent (mean of 2.9 percent) from 2020 through 2024. The list
of species/stocks incidentally killed or injured in this fishery is
proposed to be updated to state that none documented in the most recent
5 years of data.
NMFS proposes to remove six stocks from the list of species/stocks
incidentally killed or injured in the Category I Atlantic Ocean,
Caribbean, Gulf of America large pelagics longline fishery. The six
stocks are (1) Western North Atlantic stock of false killer whale; (2)
Gulf of Maine, Bay of Fundy stock of harbor porpoise; (3) Canadian East
coast stock of minke whale; (4) Gulf of Mexico stock of pygmy sperm
whale; (5) Northern Gulf of Mexico stock of Risso's dolphin; and (6)
Northern Gulf of Mexico stock of sperm whale. This fishery was observed
between 8.7 and 13.3 percent from 2017 through 2021 and there were no
reported or observed M/SI of these stocks in this fishery (Hayes et
al., 2024; Garrison and Stokes 2023).
NMFS proposes to remove the unknown stock (Central FL, Northern FL,
SC/GA Coastal or Southern Migratory Coastal) of bottlenose dolphin from
the list of species/stocks incidentally killed or injured in the
Category II Southeastern U.S. Atlantic shark gillnet fishery. This
fishery was observed between 5 and 8 percent from 2018 through 2022,
and there were no reported or observed M/SI of this stock in the
fishery (Hayes et al., 2026).
NMFS proposes to remove the Western North Atlantic stock of short-
finned pilot whales from the list of species/stocks incidentally killed
or injured in the Category III Atlantic Ocean, Gulf of America,
Caribbean commercial passenger fishing vessel fishery. From 2017
through 2021, there were no reported M/SI of these stocks in this
fishery (Hayes et al., 2024).
Commercial Fisheries on the High Seas
Classification of Fisheries
As described in the Commercial Fisheries in the Pacific Ocean
section, NMFS proposes to reclassify the Category II Western Pacific
Pelagic longline fishery (HI shallow-set component) to a Category III
fishery.
Number of Vessels/Persons
NMFS proposes to update the estimated number of HSFCA permits for
high seas fisheries as follows:
Category I
<bullet> Atlantic Highly Migratory Species longline fishery from 30
to 36 HSFCA permits; and
[[Page 24186]]
<bullet> Western Pacific Pelagic (HI deep-set component) longline
fishery from 146 to 147 HSFCA permits.
Category II
<bullet> Western and Central Pacific Ocean tuna purse seine fishery
from 14 to 12 HSFCA permits;
<bullet> South Pacific albacore troll longline fishery from six to
five HSFCA permits;
<bullet> Pacific highly migratory species handline/pole and line
fishery from 36 to 37 HSFCA permits;
<bullet> South Pacific albacore troll handline/pole and line
fishery from one to two HSFCA permits;
<bullet> South Pacific albacore troll fishery from 23 to 22 HSFCA
permits; and
<bullet> Western Pacific Pelagic troll fishery from six to five
HSFCA permits.
Category III
<bullet> Northwest Atlantic bottom longline fishery from one to
zero HSFCA permits;
<bullet> Pacific highly migratory species longline fishery from 119
to 97 HSFCA permits;
<bullet> Western Pacific Pelagic longline (HI Shallow-set
component) fishery from 14 to 22 HSFCA permits; and
<bullet> Northwest Atlantic trawl fishery from one to zero HSFCA
permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category I Atlantic Highly
Migratory Species longline fishery: (1) Western North Atlantic stock of
false killer whale, (2) Canadian East coast stock of minke whale and
(3) Gulf of Mexico stock of Risso's dolphin. 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
the U.S. waters component of the fishery minus species and/or stocks
that have geographic ranges exclusively in coastal waters.
NMFS proposes to update the humpback whale stocks on the list of
species/stocks incidentally killed or injured in the Category II
Pacific highly migratory species drift gillnet fishery from humpback
whale, CA/OR/WA to humpback whale, Central America/Southern Mexico-CA/
OR/WA and humpback whale, Mainland Mexico-CA/OR/WA stock based on the
revised stock structure in the 2022 SAR (Carretta et al., 2023).
NMFS also proposes to add Guadalupe fur seal to the list of
species/stocks incidentally killed or injured in the Category II
Pacific highly migratory species drift gillnet fishery based on an
observed mortality in 2023 (Carretta 2024). 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
the U.S. waters component of the fishery minus species and/or stocks
that have geographic ranges exclusively in coastal waters.
NMFS proposes to add the unknown stock of beaked whale to the list
of species/stocks incidentally killed or injured in the Category III
Western Pacific Pelagic longline fishery (HI shallow-set component)
based on an observed serious injury in 2021 (McCracken and Cooper,
2022). 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 the U.S. waters component of
the fishery minus species and/or stocks that have geographic ranges
exclusively in coastal waters.
List of Fisheries
The following tables set forth the proposed changes to the list of
U.S. commercial fisheries according to their classification under
section 118 of the MMPA. Table 1 lists proposed changes for commercial
fisheries in the Pacific Ocean (including Alaska); table 2 lists
proposed changes for commercial fisheries in the Atlantic Ocean, Gulf
of America, and Caribbean; table 3 lists proposed changes for
commercial fisheries on the high seas; and table 4 lists fisheries
affected by TRPs or TRTs.
In tables 1 and 2 of the LOF, 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. The LOF provides a description of the
fishery's potential effort (state and Federal). If NMFS is able to
gather 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 the LOF, contact the relevant regional office (contact information
included above in the section:
Where can I find more information about the LOF and the MMAP?)
For high seas fisheries, table 3 of the LOF 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, the number of HSFCA permits listed on the LOF for the high
seas components of fisheries that also operate within U.S. waters does
not necessarily represent additional effort beyond that in U.S. waters
because many vessels holding HSFCA permits fish both within and outside
U.S. waters and so may be counted twice. Fisheries that operate both
within and outside of the U.S. EEZ boundary are denoted in the tables
below with an asterisk (*) after the fisheries' names.
Tables 1, 2, and 3 below also list proposed changes to 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 2022. In tables 1 and 2 below, NMFS has designated the species/
stocks for which M/SI are determining a fishery's classification (i.e.,
the fishery is classified based on mortalities and serious injuries of
a marine mammal stock that are greater
[[Page 24187]]
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 including a
superscript ``1'' after the stock's name.
In tables 1 and 2 below, there are several fisheries classified as
Category II that have no recent documented M/SI of marine mammals or
fisheries that did not result in a M/SI rate greater than 1 percent of
a stock's PBR level based on known dead or seriously injured marine
mammals. 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 M/SI 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 Category II and III fisheries 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 below by
adding a superscript ``2'' after the fishery's name.
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BILLING CODE 3510-22-C
Classification
Paperwork Reduction Act
This notice contains existing collection-of-information (COI)
requirements subject to the Paperwork Reduction Act but 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 <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
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.
National Environmental Policy Act
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that the publishing these proposed
changes to the LOF qualifies to be categorically excluded from further
National Environmental Policy Act (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 additional 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.
References
Brower, A.A., N.C. Young, J.C. Freed, B.J. Delean, M.M. Muto, M.J.
Keogh, K.L. Raum-Suryan, K.M. Savage, S.S. Teerlink, S.K. Wright,
L.A. Jemison, K.M. Wilkinson, J.E. Jannot, and K.A. Somers. 2024.
Human-Caused Mortality and Injury of NMFS-Managed Alaska Marine
Mammal Stocks, 2018-2022. AFSC Processed Report. 2024-11.
Carretta, J.W., E.M. Oleson, K.A. Forney, A.L. Bradford, K. Yano,
D.W. Weller, A.R. Lang, J. Baker, A.J. Orr, B. Hanson, J.E. Moore,
M. Wallen and R.L. Brownell. 2026. U.S. Pacific Marine Mammal Stock
Assessments: 2024. U.S. Department of Commerce. NOAA Technical
Memorandum PIFSC-182, 72 p.
Carretta, James V. 2024. Estimates of Marine Mammal, Sea Turtle, and
Seabird Bycatch in the California Large-Mesh Drift Gillnet Fishery:
1990-2023. U.S. Department of Commerce, NOAA Technical Memorandum
NMFS-SWFSC-700. 68 p.
Carretta, J.W., J. Greenman, K. Wilkinson, L. Saez, D. Lawson and J.
Viezbicke. 2024a. Sources of Human-Related Injury and Mortality for
U.S. Pacific West coast Marine Mammal Stock Assessments, 2018-2022.
U.S. Department of Commerce. NOAA Technical Memorandum NMFS-SWFSC-
705. 243 p.
Carretta, J.W., E.M. Oleson, K.A. Forney, A.L. Bradford, K. Yano,
D.W. Weller, A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J.E. Moore,
M. Wallen and R.L. Brownell. 2024b. U.S. Pacific Marine Mammal Stock
Assessments: 2023. U.S. Department of Commerce. NOAA Technical
Memorandum NMFS-SWFSC-704. 420 p.
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments:
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
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Dahle, B.S. Fadely, M.C. Ferguson, K.T. Goetz, J.M. London, E.M.
Oleson, R.R. Ream, E.L. Richmond, K.E.W. Shelden, K.L. Sweeney, R.G.
Towell, P.R. Wade, J.M. Waite, and A.N. Zerbini. 2026. Alaska Marine
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Friday, P.L. Boveng, J.M. Breiwick, B.M. Brost, M.F. Cameron, J.L.
Crance, S.P. Dahle, B.S. Fadely, M.C. Ferguson, K.T. Goetz, 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 A.N. Zerbini. 2024.
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Freed R.P. Angliss, N.A. Friday, 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,
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Dated: May 1, 2026.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-08717 Filed 5-4-26; 8:45 am]
BILLING CODE 3510-22-P
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