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List of Fisheries (LOF)

List of Fisheries | Background | Classification Criteria | Reporting Requirements | Category I and II Fishery Requirements | More Information

 



harbor porpoise entangled in a net
Dall's Porpoise, entangled
(Phocoenoides dalli)
Photo: NOAA


What is the List of Fisheries?
The List of Fisheries (LOF) classifies U.S. commercial fisheries into one of three Categories according to the level of incidental mortality or serious injury of marine mammals:

  1. frequent incidental mortality or serious injury of marine mammals
  2. occasional incidental mortality or serious injury of marine mammals
  3. remote likelihood of/no known incidental mortality or serious injury of marine mammals

The Marine Mammal Protection Act (MMPA) mandates that each fishery be classified by the level of serious injury and mortality of marine mammals that occurs incidental to each fishery is reported in the annual Marine Mammal Stock Assessment Reports for each stock.

How Do I Find Out if a Specific Fishery is in Category I, II, or III?
The LOF classifies all U.S. commercial fisheries by Category in four tables:

  1. Pacific Ocean (including Alaska) fisheries are listed in Table 1
  2. Atlantic Ocean, Gulf of Mexico, and Caribbean fisheries are listed in Table 2
  3. High Seas fisheries are listed in Table 3 (only included from 2009-present)
  4. Fisheries addressed under existing Take Reduction Teams (TRT) are listed in Table 4 (only included from 2009-present)

A fishery may qualify as one Category for one marine mammal stock and another Category for a different marine mammal stock. A fishery is typically categorized on the LOF according to its highest level of classification (e.g., a fishery that qualifies for Category III for one marine mammal stock and Category II for another marine mammal stock will be listed under Category II).

For more information on the fishery classification criteria, please see below.

Lists of Fisheries by Year

Year Table Final List Proposed List
2015     August 25, 2014
(79 FR 50589)
2014 2014 List of Fisheries with Fishery Fact Sheets effective April 14, 2014
(79 FR 14418)

December 6, 2013
(78 FR 73477)

2013 2013 List of Fisheries with Fishery Fact Sheets 78 FR 53336;
August 29, 2013

78 FR 23708;
April 22, 2013

2012 2012 List of Fisheries with Fishery Fact Sheets 76 FR 73912;
November 29, 2011
76 FR 37716;
June 28, 2011
2011 2011 List of Fisheries with Fishery Fact Sheets 75 FR 68468; November 8, 2010 75 FR 36318;
June 25, 2010
2010 2010 List of Fisheries Table with Fishery Fact Sheets 74 FR 58859;
November 16, 2009
74 FR 27739;
June 11, 2009
2009 2009 List of Fisheries 73 FR 73032;
December 1, 2008
73 FR 33760;
June 13, 2008
2008 2008 List of Fisheries 72 FR 66048;
November 27, 2007
72 FR 35393;
June 28, 2007
2007 2007 List of Fisheries 72 FR 14466;
March 28, 2007
71 FR 70339;
December 4, 2006
2006 2006 List of Fisheries 71 FR 48802;
August 22, 2006
71 FR 20941;
April 24, 2006
2005 2005 List of Fisheries 71 FR 247;
January 4, 2006
69 FR 70094;
December 2, 2004
2004 2004 List of Fisheries 69 FR 48407;
August 10, 2004
69 FR 19365;
April 13, 2004
2003 2003 List of Fisheries 68 FR 41725;
July 15, 2003
68 FR 1414;
January 10, 2003
2002 Notice of Continuing Effect
67 FR 2410;
January 17, 2002
2001 2001 List of Fisheries 66 FR 42780;
August 15, 2001
66 FR 6545;
January 22, 2001
2000 Notice of Continuing Effect
65 FR 24448;
April 26, 2000
1999 see FR Notice for 1999 List of Fisheries 64 FR 9067;
February 24, 1999
63 FR 42803;
August 11, 1998
1998 see FR Notice for 1998 List of Fisheries 63 FR 5748;
February 4, 1998
62 FR 28657;
May 27, 1997
1997 see FR Notice for 1997 List of Fisheries 62 FR 33;
January 2, 1997
61 FR 37035;
July 16, 1996
1996 see FR Notice for 1996 List of Fisheries 60 FR 67063;
December 28, 1995
60 FR 31666;
June 16, 1995


Correction
60 FR 37043;
July 19, 1995

Fishery Classification Criteria
NOAA Fisheries has developed and implemented fishery classification criteria, which consists of a two-tiered, stock-specific approach.

This two-tiered approach 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 the rate, in numbers of animals per year, of incidental mortalities and serious injuries of marine mammals due to commercial fishing operations relative to a stock's Potential Biological Removal (PBR) level. The PBR level is defined (50 CFR 229.2) 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.

While Tier 1 considers the cumulative fishery mortality and serious injury for a particular stock, Tier 2 considers fishery-specific mortality for a particular stock.

Tier 1: annual mortality and serious injury across all fisheries that interact with a stock:

  • If the total is ≤10% of the PBR level of this stock, all fisheries interacting with this stock would be placed in Category III. Otherwise, these fisheries are subject to the next tier (Tier 2) of analysis to determine their classification.

Tier 2: Annual mortality and serious injury of a stock in a given fishery is:

  • Category I: ≥50% of the PBR level
  • Category II: between 1% and 50% of the PBR level
  • Category III: ≤1% of the PBR level

Additional details regarding how threshold percentages between the categories were determined [pdf] are provided in the preamble to the final rule implementing section 118 [pdf] of the MMPA, (60 FR 45086, August 30, 1995).

Since fisheries are categorized on a per-stock basis, a fishery may qualify as one Category for one marine mammal stock and another Category for a different marine mammal stock. A fishery is typically categorized on the LOF according to its highest level of classification (e.g., a fishery that qualifies for Category III for one marine mammal stock and Category II for another marine mammal stock will be listed under Category II).

Am I Required to Submit Reports When I Injure or Kill a Marine Mammal During the Course of Commercial Fishing Operations?
Any vessel owner or operator, or fisher (in the case of non-vessel fisheries), participating in a Category I, II, or III fishery must report all incidental injuries or mortalities of marine mammals [pdf] that occur during commercial fishing operations to NMFS (50 CFR 229.6).

"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 and must be reported.

Requirements for Category I and II Fisheries

Registration
Owners of vessels or gear engaging in a Category I or II fishery, are required under 50 CFR 229.4 to obtain a marine mammal authorization by registering with the Marine Mammal Authorization Program (MMAP).

Upon receipt of a completed registration, NMFS will issue vessel or gear owners a decal to display on their vessels and an authorization certificate that the operator must possess while fishing.

Registration Fees: The procedures and fees associated with registration differ between Regions. For some fisheries, NMFS has integrated the MMPA registration process with existing state and Federal fishery license, registration, or permit systems and related programs. Participants in these fisheries are automatically registered under the MMPA and are not required to pay the $25 registration fee.

Observers
Fishers participating in a Category I or II fishery are required to accommodate an observer onboard your vessel(s) upon request (50 CFR 229.7).

Take Reduction Planning
Fishers participating in a Category I or II fishery are required to comply with any applicable take reduction plans. NMFS may develop and implement take reduction plans for any Category I or II fishery that interacts with a strategic stock.

More Information

Updated: August 25, 2014

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