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

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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. 1387c2, 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-authorization-

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programobtaining-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
229.4e. 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. 1387e 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-authorizationprogramreporting-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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