Voglio sapere a riguardo di…

43492

Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules
Other Criteria That May Be Considered The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. Therefore, NMFS has classified certain fisheries by analogy to other fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, or according to factors discussed in the final LOF for 1996 60 FR 67063; December 28, 1995
and listed in the regulatory definition of a Category II fishery. In the absence of reliable information indicating the frequency of incidental mortality and serious injury of marine mammals by a commercial fishery, NMFS will determine whether the incidental mortality or serious injury is occasional by evaluating other factors such as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fishermen reports, stranding data, and the species and distribution of marine mammals in the area, or at the discretion of the Assistant Administrator for Fisheries 50 CFR
229.2.
Further, eligible commercial fisheries not specifically identified on the LOF
are deemed to be Category II fisheries until the next LOF is published 50 CFR
229.2.

lotter on DSK11XQN23PROD with PROPOSALS1

How does NMFS determine which species or stocks are included as incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. The list of species and/or stocks incidentally killed or injured includes serious and nonserious documented injuries as described later in the List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean and List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean sections.
To determine which species or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs and injury determination reports. SARs are brief reports summarizing the status of each stock of marine mammals occurring in waters under U.S. jurisdiction, including information on the identity and geographic range of the stock, population statistics related to abundance, trend, and annual productivity, notable habitat concerns,
VerDate Sep<11>2014

16:39 Aug 06, 2021

Jkt 253001

and estimates of human-caused mortality and serious injury M/SI by source. The SARs are based upon the best available scientific information and provide the most current and inclusive information on each stocks PBR level and level of interaction with commercial fishing operations. The best available scientific information used in the SARs and reviewed for the 2022
LOF generally summarizes data from 20142018. NMFS also reviews other sources of new information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports i.e., MMPA
mortality/injury reports, and anecdotal reports from that time period. In some cases, more recent information may be available and used in the LOF.
For fisheries with observer coverage, species or stocks are generally removed from the list of marine mammal species and/or stocks incidentally killed or injured if no interactions are documented in the 5-year timeframe summarized in that years LOF. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery species and stocks may be retained for longer than 5 years. For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock.
Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF?
The best available information on the level of observer coverage and the spatial and temporal distribution of observed marine mammal interactions is presented in the SARs. Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. Starting with the 2005 SARs, each Pacific and Alaska SAR includes an appendix with detailed descriptions of each Category I
and II fishery on the LOF, including the observer coverage in those fisheries. For Atlantic fisheries, this information can be found in the LOF Fishery Fact Sheets. The SARs do not provide detailed information on observer coverage in Category III fisheries because, under the MMPA, Category III

PO 00000

Frm 00064

Fmt 4702

Sfmt 4702

fisheries are not required to accommodate observers aboard vessels due to the remote likelihood of mortality and serious injury of marine mammals. Fishery information presented in the SARs appendices and other resources referenced during the tier analysis may include: Level of observer coverage; target species; levels of fishing effort; spatial and temporal distribution of fishing effort;
characteristics of fishing gear and operations; management and regulations; and interactions with marine mammals. Copies of the SARs are available on the NMFS Office of Protected Resources website at: https
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsregion. Information on observer coverage levels in Category I, II, and III
fisheries can be found in the fishery fact sheets on the NMFS Office of Protected Resources website: https
www.fisheries.noaa.gov/national/
marine-mammal-protection/listfisheries-summary-tables. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Programs website: https www.fisheries.noaa.gov/
national/fisheries-observers/nationalobserver-program.
How do I find out if a specific fishery is in Category I, II, or III?
The LOF includes three tables that list all U.S. commercial fisheries by Category. Table 1 lists all of the commercial fisheries in the Pacific Ocean including Alaska; Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S.
authorized commercial fisheries on the high seas. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams TRT.
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS
includes high seas fisheries in Table 3
of the LOF, along with the number of valid High Seas Fishing Compliance Act HSFCA permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act NEPA and the Endangered Species Act ESA. The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type.
For the purposes of the LOF, the high seas fisheries are subdivided based on gear type e.g., trawl, longline, purse
E:FRFM09AUP1.SGM

09AUP1