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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules
3 faxed to the NMFS Office of Protected Resources at 3017130376;
or 4 mailed to the NMFS Office of Protected Resources mailing address is provided on the postage-paid form that can be printed from the web address listed above. Reporting requirements and procedures are found in 50 CFR
229.6.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessels upon request from NMFS.
MMPA section 118 states that the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; thereby authorizing the exemption of vessels too small to safely accommodate an observer from this requirement.
However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico large pelagics longline vessels operating in special areas designated by the Pelagic Longline Take Reduction Plan implementing regulations 50 CFR
229.36d will not be exempted from observer requirements, regardless of their size. Observer requirements are found in 50 CFR 229.7.

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Am I required to comply with any marine mammal TRP regulations?
Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP
regulations are found at 50 CFR 229.30
through 229.37. A description of each TRT and copies of each TRP can be found at: https
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-take-reduction-plans-andteams. It is the responsibility of fishery participants to comply with applicable take reduction regulations.
Where can I find more information about the LOF and the MMAP?
Information regarding the LOF and the MMAP, including registration procedures and forms; current and past LOFs; descriptions of each Category I
and II fishery and some Category III
fisheries; observer requirements; and marine mammal mortality/injury reporting forms and submittal procedures; may be obtained at: https
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-protection-act-list-fisheries, or from any NMFS Regional Office at the addresses listed below:

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NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 019302298, Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, Attn: Jessica Powell;
NMFS, West Coast Region, Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 908024213, Attn: Dan Lawson;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn:
Suzie Teerlink; or NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Diana Kramer.
Sources of Information Reviewed for the 2022 LOF
NMFS reviewed the marine mammal incidental mortality and serious injury information presented in the SARs for all fisheries to determine whether changes in fishery classification are warranted. The SARs are based on the best scientific information available at the time of preparation, including the level of mortality and serious injury of marine mammals that occurs incidental to commercial fishery operations and the PBR levels of marine mammal stocks. The information contained in the SARs is reviewed by regional Scientific Review Groups SRGs representing Alaska, the Pacific including Hawaii, and the U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were established by the MMPA to review the science that informs the SARs, and to advise NMFS on marine mammal population status, trends, and stock structure, uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including marine mammal stranding and entanglement data, observer program data, fishermen self-reports, reports to the SRGs, conference papers, FMPs, and ESA
documents.
The LOF for 2022 was based on, among other things, stranding data;
fishermen self-reports; and SARs, primarily the 2020 SARs, which are based on data from 20142018. The SARs referenced in this LOF include:
2018 84 FR 28489; June 19, 2019, 2019
84 FR 65353; November 27, 2019, and draft 2020 85 FR 78307; December 4, 2020. The SARs are available at:
https www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessmentreports-region.

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Summary of Changes to the LOF for 2022
The following summarizes changes to the LOF for 2022, including the classification of fisheries, fisheries listed, the estimated number of vessels/
persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. NMFS re-classifies one fishery in the LOF for 2022.
Additionally, NMFS adds four fisheries to the LOF. NMFS also makes changes to the estimated number of vessels/
persons and list of species and/or stocks killed or injured in certain fisheries.
Many Category III fisheries on the LOF
have never been described in the LOF.
While detailed information describing each fishery on the LOF has been included within the SARs for some fisheries, a FMP, TRP, or by state agencies, general descriptive information is also included here to clearly define each fishery that is on the LOF. Since the 2016 LOF 80 FR 58427;
September 29, 2015, NMFS has been developing Category III fishery fact sheets that are available online at:
https www.fisheries.noaa.gov/
national/marine-mammal-protection/
list-fisheries-summary-tables. NMFS is requesting public comment on the fisheries descriptions below to include as fact sheet content. The classifications and definitions of U.S. commercial fisheries for 2022 are identical to those provided in the LOF for 2021 with the changes discussed below. State and regional abbreviations used in the following paragraphs include: AK
Alaska, BSAI Bering Sea, Aleutian Island, CA California, Gulf of Alaska GOA, HI Hawaii, Maine Hawaiian Islands MHI, OR Oregon, WA
Washington, and WNA Western North Atlantic.
Commercial Fisheries in the Pacific Ocean Classification of Fisheries NMFS proposes to reclassify the Category II AK Bering Sea, Aleutian Island BSAI rockfish trawl fishery to a Category III fishery. One killer whale Gulf of Alaska, BSAI transient stock mortality in 2012 was driving the Category II classification of this fishery.
From 20142018, this fishery had 100
percent observer coverage, and no additional killer whale M/SI have been observed or reported in this timeframe for this fishery Muto et al., 2021.
Therefore, NMFS proposes to reclassify the AK BSAI rockfish trawl fishery from a Category II to a Category III fishery.

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