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Dated: October 5, 2020. rule established conditions for (bycatch) of marine mammals in excess Tracey L. Thompson, evaluating a harvesting nation’s of United States standards (16 U.S.C. Acting Deputy Director, Office of Sustainable regulatory programs to address 1371(a)(2)). NMFS published Fisheries, National Marine Fisheries Service. incidental and intentional mortality and regulations implementing these [FR Doc. 2020–22300 Filed 10–7–20; 8:45 am] serious injury of marine mammals in its statutory requirements of the MMPA in BILLING CODE 3510–22–P fisheries producing fish and fish August 2016 (81 FR 54390; August 15, products exported to the United States. 2016) (MMPA Import Provisions Rule). Specifically, fish or fish products cannot The regulations apply to any foreign DEPARTMENT OF COMMERCE be imported into the United States from nation with fisheries exporting fish and commercial fishing operations that fish products to the United States, either National Oceanic and Atmospheric result in the incidental mortality or directly or through an intermediary Administration serious injury of marine mammals in nation.1 excess of United States standards. The The LOFF lists foreign commercial [Docket No. 201001–0262; RTID 0648– fisheries that export fish and fish XA338] MMPA Import Provisions Rule established an initial five-year products to the United States and that Fish and Fish Product Import exemption period during which the have been classified as either ‘‘export’’ Provisions of the Marine Mammal import prohibitions do not apply. The or ‘‘exempt’’ based on the frequency and Protection Act; Final 2020 List of exemption period allows time for likelihood of interactions or incidental Foreign Fisheries harvesting nations to develop regulatory mortality and serious injury of a marine programs to mitigate marine mammal mammal. All fisheries that export to the AGENCY: National Marine Fisheries bycatch in their respective fisheries. United States must be included on the Service (NMFS), National Oceanic and After the exemption period, fish and LOFF by January 1, 2022. A harvesting Atmospheric Administration (NOAA), fish products identified by the Assistant nation must apply for and receive a Commerce. Administrator as from export and Comparability Finding for each of its ACTION: Notice of availability. exempt fisheries in the LOFF can only export and exempt fisheries on the be imported into the United States if the LOFF to continue to export fish and fish SUMMARY: NMFS is publishing its final harvesting nation has applied for and products to the United States from those 2020 List of Foreign Fisheries (LOFF), as received a Comparability Finding from fisheries beginning January 1, 2022. required by the regulation implementing NMFS. The 2016 final rule established What do the classifications of ‘‘exempt the Fish and Fish Product Import procedures that a harvesting nation fishery’’ and ‘‘export fishery’’ mean? Provisions of the Marine Mammal must follow and conditions it must meet Protection Act (MMPA). The final 2020 to receive a Comparability Finding for a The classifications of ‘‘exempt LOFF reflects new information received fishery. The rule also established fishery’’ or ‘‘export fishery’’ determine during the comment period on provisions for intermediary nations to the criteria that a nation’s fishery must interactions between commercial ensure that such nations do not import meet to receive a Comparability Finding fisheries exporting fish and fish and re-export to the United States fish for that fishery. A Comparability products to the United States and or fish products that are subject to an Finding is required for both exempt and marine mammals and updates and import prohibition. export fisheries, but the criteria for revises the draft 2020 LOFF. NMFS This final 2020 LOFF (see https:// exempt and export fisheries differ. classified commercial fisheries in this www.fisheries.noaa.gov/foreign/ For an exempt fishery, the criteria to final 2020 LOFF into one of two international-affairs/list-foreign- receive a Comparability Finding are categories, either ‘‘export’’ or ‘‘exempt,’’ fisheries) makes updates to the final limited to conditions related only to the based upon frequency and likelihood of 2017 LOFF, which was published on prohibition of intentional killing or incidental mortality and serious injury March 16, 2018 (83 FR 11703) and the injury of marine mammals (see 50 CFR of marine mammals likely to occur draft 2020 LOFF, which was published 216.24(h)(6)(iii)(A)). For an export incidental to each fishery. The on March 17, 2020 (85 FR 15116). fishery, the criteria to receive a classification of a fishery on the final Comparability Finding include the What is the List of Foreign Fisheries? 2020 LOFF determines which regulatory conditions related to the prohibition of requirements will be applicable to that Based on information provided by intentional killing or injury of marine fishery for it to receive a Comparability nations, industry, the public, and other mammals (see 50 CFR Finding necessary to export fish and readily available sources, NMFS 216.24(h)(6)(iii)(A)) and the requirement fish products to the United States from identified nations with commercial to develop and maintain regulatory that fishery. The final 2020 LOFF can be fishing operations that export fish and programs comparable in effectiveness to found at: https:// fish products to the United States and the U.S. regulatory program for reducing www.fisheries.noaa.gov/foreign/ classified each of those fisheries based incidental marine mammal bycatch (see international-affairs/list-foreign- on their frequency of marine mammal 50 CFR 216.24(h)(6)). The definitions of fisheries. interactions as either ‘‘exempt’’ or ‘‘exempt fishery’’ and ‘‘export fishery’’ ‘‘export’’ fisheries (see Definitions are stated in the Definitions below. FOR FURTHER INFORMATION CONTACT: below). The entire list of these export Nina Young, NMFS IASI at and exempt fisheries, organized by 1 With respect to all references to ‘‘nation’’ or [email protected], mmpa.loff@ nation (or economy), constitutes the ‘‘nations’’ in the rule, it should be noted that the noaa.gov, or 301–427–8383. LOFF. Taiwan Relations Act of 1979, Public Law 96–8, SUPPLEMENTARY INFORMATION: In August Section 4(b)(1), provides that [w]henever the laws Why is the LOFF important? of the United States refer or relate to foreign 2016, NMFS published a final rule (81 countries, nations, states, governments, territories FR 54390; August 15, 2016) Under the MMPA, the United States or similar entities, such terms shall include and implementing the fish and fish product prohibits imports of commercial fish or such laws shall apply with respect to Taiwan. 22 U.S.C. 3303(b)(1). This is consistent with the United import provisions (section 101(a)(2)) of fish products caught in commercial States’ one-China policy, under which the United the MMPA (hereafter referred to as the fishing operations resulting in the States has maintained unofficial relations with MMPA Import Provisions Rule). This incidental killing or serious injury Taiwan since 1979.

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What type of fisheries are included in Frequently Asked Questions About the data, the species and distribution of the List of Foreign Fisheries? LOFF and the MMPA Import Provisions marine mammals in the area, or other Definitions Within the MMPA Import factors. The LOFF contains only those Provisions Commercial fishing operations not commercial fishing operations specifically identified in the current authorized by the harvesting nation to What is a ‘‘Comparability Finding?’’ LOFF as either exempt or export fish and export fish and fish products to A Comparability Finding is a finding fisheries are deemed to be export the United States. 50 CFR 18.3 defines by NMFS that the harvesting nation has fisheries until a revised LOFF is posted, ‘‘commercial fishing operation’’ as the implemented a regulatory program for unless the harvesting nation provides lawful harvesting of fish from the an export or exempt fishery that has met the Assistant Administrator with marine environment for profit as part of the applicable conditions specified in information to properly classify a an on-going business enterprise. This the regulations (see 50 CFR 216.24(h)) foreign commercial fishing operation does not include sport-fishing activities, subject to the additional considerations not on the LOFF. To properly classify for Comparability Findings set out in whether or not carried out by charter the foreign commercial fishing the regulations. A Comparability boat or otherwise, and whether or not operation, the Assistant Administrator Finding is required for a nation to may also request additional information the fish caught are subsequently sold. At export fish and fish products to the from the harvesting nation, as well as 50 CFR 229.2, ‘‘commercial fishing United States. To receive a consider other relevant information operation’’ is defined as the catching, Comparability Finding for an export about such commercial fishing taking, or harvesting of fish from the fishery, the harvesting nation must operations and the frequency of marine environment (or other areas maintain a regulatory program with incidental mortality and serious injury where marine mammals occur) that respect to that fishery that is comparable of marine mammals. results in the sale or barter of all or part in effectiveness to the U.S. regulatory of the fish harvested. The term includes program for reducing incidental marine What is the definition of an ‘‘exempt licensed commercial passenger fishing mammal bycatch. This requirement may fishery?’’ vessel (as defined in section 216.3 of 50 be met by developing, implementing, The definition of exempt fishery can CFR 216) activities and aquaculture and maintaining a regulatory program be found in the implementing activities. Per the application of these that includes measures that are regulations for section 101(a)(2) of the two definitions, the LOFF contains comparable, or that effectively achieve MMPA (see 50 CFR 216.3). NMFS export and exempt fisheries that are comparable results to the regulatory considers ‘‘exempt’’ fisheries to be engaged in the lawful and authorized program under which the analogous functionally equivalent to Category III commercial harvest of fish from the U.S. fishery operates. fisheries under the U.S. regulatory program (see definitions at 50 CFR marine environment. The term What is the definition of an ‘‘export ‘‘commercial fishing operation’’ is used 229.2). fishery?’’ NMFS defines an exempt fishery as a in the definitions of exempt fishery and The definition of an export fishery foreign commercial fishing operation export fishery (see Definitions below). can be found in the implementing determined by the Assistant How did NMFS classify a fishery if a regulations for section 101(a)(2) of the Administrator to be the source of harvesting nation did not provide MMPA (see 50 CFR 216.3). NMFS exports of commercial fish and fish information? considers export fisheries to be products to the United States and that functionally equivalent to Category I has a remote likelihood of, or no known, Information on the frequency or and II fisheries under the U.S. incidental mortality and serious injury likelihood of interactions or bycatch in regulatory program (see definitions at 50 of marine mammals in the course of most foreign fisheries was lacking or CFR 229.2). commercial fishing operations. A incomplete. Absent such information, NMFS defines ‘‘export fishery’’ as a commercial fishing operation that has a NMFS used readily available foreign commercial fishing operation remote likelihood of causing incidental information, noted below, to classify determined by the Assistant mortality and serious injury of marine fisheries, which included drawing Administrator to be the source of mammals is one that, collectively with analogies to similar U.S. fisheries and exports of commercial fish and fish other foreign fisheries exporting fish gear types interacting with similar products to the United States and that and fish products to the United States, marine mammal stocks. Where no has more than a remote likelihood of causes the annual removal of: analogous fishery or fishery information incidental mortality and serious injury (1) Ten percent or less of any marine of marine mammals in the course of its existed, NMFS classified the mammal stock’s bycatch limit, or commercial fishing operations. (2) More than ten percent of any commercial fishing operation as an Where reliable information on the marine mammal stock’s bycatch limit, export fishery until information frequency of incidental mortality and yet that fishery by itself removes one becomes available to properly classify serious injury of marine mammals percent or less of that stock’s bycatch the fishery. Henceforth, in the year prior caused by the commercial fishing limit annually, or to the year in which a determination is operation is not provided by the (3) Where reliable information has not required on a Comparability Finding harvesting nation, the Assistant been provided by the harvesting nation application (e.g., 2020 and 2024), NMFS Administrator may determine the on the frequency of incidental mortality will revise the LOFF. When revising the likelihood of incidental mortality and and serious injury of marine mammals LOFF, NMFS may reclassify a fishery if serious injury as more than remote by caused by the commercial fishing a harvesting nation provides reliable evaluating information concerning operation, the Assistant Administrator information to reclassify the fishery or factors such as fishing techniques, gear may determine whether the likelihood such information is readily available to used, methods used to deter marine of incidental mortality and serious NMFS (e.g., during the comment mammals, target fish species, seasons injury is ‘‘remote’’ by evaluating periods, consultations, or in Progress and areas fished, qualitative data from information such as fishing techniques, Reports). logbooks or fisher reports, stranding gear used, methods to deter marine

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mammals, target fish species, seasons fishery as ‘‘export’’ or ‘‘exempt’’ to the United States must be on the LOFF and areas fished, qualitative data from develop the LOFF. and have a Comparability Finding (see logbooks or fisher reports, stranding 50 CFR 216.24(h)(1)). How did NMFS determine which species data, the species and distribution of or stocks are included as incidentally or After publication of the LOFF, if a marine mammals in the area, or other intentionally killed or seriously injured nation wishes to commence exporting factors at the discretion of the Assistant in a fishery? fish and fish products to the United Administrator. States from a fishery not currently A foreign fishery will not be classified The LOFF includes a column included in the LOFF, that fishery will as an exempt fishery unless the consisting of a list of marine mammals be classified as an export fishery until Assistant Administrator has reliable that co-occur with the commercial the next LOFF is published and will be information from the harvesting nation, fisheries, that is, the distribution of provided a provisional Comparability or other information, to support such a marine mammals that overlaps with the Finding for a period not to exceed finding. distribution of commercial fishing twelve months. If a harvesting nation activity. The marine mammals that co- can provide the reliable information Developing the 2020 List of Foreign occur with a fishery may or may not necessary to classify the commercial Fisheries interact with or be incidentally or fishing operation at the time of the intentionally killed or injured in the How is the list of foreign fisheries request for a provisional Comparability fishery. The LOFF also includes a list of organized? Finding or prior to the expiration of the marine mammal species and/or stocks provisional Comparability Finding, NMFS organized the LOFF by incidentally or intentionally killed or NMFS will classify the fishery in harvesting nation (or economy). The injured in a commercial fishing accordance with the definitions. The LOFF may include ‘‘exempt fisheries’’ operation. The list of species and/or provisions for new entrants are and ‘‘export fisheries’’ for each stocks incidentally or intentionally discussed in the regulations harvesting nation. Each fishery is killed or injured includes ‘‘serious’’ and defined by target species, geographic ‘‘non-serious’’ documented injuries and implementing section 101(a)(2) of the location of harvest, gear-type or a interactions with fishing gear, including MMPA (see 50 CFR 216.24(h)(8)(vi)). combination thereof. Where known, the interactions such as depredation. How can a classification be changed? LOFF also includes a list of the marine NMFS reviewed information mammals that co-occur with the fishery, submitted by nations (for inclusion in To change a fishery’s classification, a list of marine mammals that interact the 2017 LOFF, draft 2020 LOFF, and in nations or other interested stakeholders (e.g., depredate the fishing gear, are their 2019 Progress Report) and readily must provide observer data, logbook killed or injured in, or are released from available scientific information summaries (preferably over a five-year the fishery) with each commercial including co-occurrence models period), or reports that specifically fishing operation, and numerical demonstrating distributional overlap of indicate the presence or absence of estimates of the incidental mortality and commercial fishing operations and marine mammal interactions, quantify serious injury of marine mammals in marine mammals to determine which such interactions wherever possible, each commercial fishing operation. species or stocks to include as provide additional information on the location and operation of the fishery, What sources of information did NMFS incidentally or intentionally killed or injured in or interacting with a fishery. details about the gear type and how it use to classify the commercial fisheries is used, maps showing the distribution included in the LOFF? NMFS also reviewed, when available, injury determination reports, bycatch of marine mammals and the operational NMFS reviewed and considered estimation reports, observer data, area of the fishery, information documentation provided by nations logbook data, disentanglement network regarding marine mammal populations during the development of the 2017 data, fisher self-reports, and the and the biological impact of that fishery LOFF, the draft 2020 LOFF, and the information referenced in the definition on those populations, and/or any other 2019 Progress Report. NMFS also of exempt and export fishery (see documentation that clearly reviewed and considered the Definitions above or 50 CFR 216.3). demonstrates that a fishery is either an information provided by the public and export or exempt fishery. Data from other available sources of information, How often will NMFS revise the list of independent onboard observer programs including, but not limited to: Fishing foreign fisheries? documenting marine mammal vessel records; reports of on-board NMFS will re-evaluate foreign interaction and bycatch is preferable fishery observers; information from off- commercial fishing operations and and is given higher consideration than loading facilities, port-side government publish in the Federal Register the year self-reports, logbooks, fishermen officials, enforcement entities and prior to the expiration of the exemption interviews, or sales tickets or dockside documents, transshipment vessel period or previously issued interviews. Such data can be workers and fish importers; government Comparability Findings (e.g., this year summarized and averaged over at least vessel registries; RFMO or and again in 2024) a notice of a five-year period and include intergovernmental agreement availability of the draft LOFF for public information on the observer program documents, reports, national reports, comment and a notice of availability of including the percent coverage, number and statistical document programs; the final revised LOFF. NMFS will of vessels, and sets or hauls observed. appropriate catch certification revise the final LOFF, as appropriate, Nations should also indicate whether programs; Food and Agricultural and publish a notice of availability in bycatch estimates from observer data are Organization (FAO) documents and the Federal Register every four years observed minimum counts or profiles; and published literature and thereafter. In revising the list, NMFS extrapolated estimates for the entire reports on commercial fishing may reclassify a fishery if new, fishery. Nations submitting logbook operations with intentional or substantive information indicates the information should include details incidental mortality and serious injury need to re-examine and possibly about the reporting system, including of marine mammals. NMFS has used the reclassify a fishery. After January 1, examples of forms and requirements for available information to classify each 2022, all fisheries exporting products to reporting. Nations may make formal

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requests to NMFS to reconsider a fishy including, but not limited to, (lines that connect the traps). These classification. information on fishing techniques, gear lines represent an entanglement risk to used, methods used to deter marine large whales and some small cetaceans. Classification Criteria, Rationale, and mammals, target fish species, and However, NMFS classified as exempt Process Used To Classify Fisheries seasons and areas fished; qualitative trap and pot fisheries operating in the Process When Incidental Mortality and data from logbooks or fisher reports; Gulf of Mexico and Caribbean due to the Serious Injury Estimates and Bycatch stranding data; and information on the low co-occurrence with large whales in Limits Are Available species and distribution of marine this region and an analogous U.S. mammals in the area, or other factors. Category III mixed species and lobster If estimates of the total incidental Published scientific literature provides trap/pot fishery operating in the Gulf of mortality and serious injury were numerous risk assessments of marine Mexico and Caribbean. NMFS classifies available and a bycatch limit calculated mammal bycatch in fisheries, routinely as exempt small-scale fish, crab, and for a marine mammal stock, NMFS used using these approaches to estimate lobster pot fisheries using mitigation the quantitative and tiered analysis to marine mammal mortality rates, identify strategies to prevent large whale classify foreign commercial fishing information gaps, set priorities for entanglements, including seasonal operations as export or exempt fisheries conservation, and transfer technology closures during migration periods, under the category definition within 50 for deterring marine mammals from gear ropeless fishing, and vertical line CFR 229.2 and the procedures used to and catch. Findings from the most acoustic release technology. categorize U.S. fisheries as Category I, II, recent publications cited in this Federal NMFS classified as export longline or III, at https://www.fisheries.noaa.gov/ Register notice often demonstrate levels gear and troll line fisheries because the national/marine-mammal-protection/ of risk by location, season, fishery, and likelihood of marine mammal bycatch is marine-mammal-protection-act-list- gear. more than remote. However, NMFS fisheries. classified as exempt longline and troll Classification in the Absence of fisheries with demonstrated bycatch Process When Only Incidental Mortality Information and Serious Injury Estimates Were rates that are less than remote or the Available When no analogous gear, fishery, or fishery is analogous (by area, gear type, fishery information existed, or and target species) to U.S. Category III For most commercial fisheries, NMFS insufficient information was provided fishery operating in the area where the is still lacking detail regarding marine by the nation and information was not fishery occurs. The entanglement rates mammal interactions and/or lacking readily available, NMFS classified the from marine mammals depredating quantitative information on the commercial fishing operation as an longline gear is largely unknown. NMFS frequency of interactions. Where nations export fishery per the definition of classifies as exempt snapper/grouper provided estimates of bycatch or NMFS ‘‘export fishery’’ at 50 CFR 216.3. These bottom-set longline fisheries operating found estimates of bycatch in published fishing operations will remain classified in the Gulf of Mexico and the Caribbean literature, national reports, or through as export fisheries until the harvesting because they are analogous to U.S. other readily available sources, NMFS nation provides the reliable information Category III bottom-set longline gear classified the fishery as an export necessary to classify properly the operating in these areas. NMFS also fishery if the information indicated that fishery or, in the course of revising the classifies as exempt longline fisheries there was a likelihood that the mortality LOFF, such information becomes using a cachalotera system (e.g., system and serious injury was more than readily available to NMFS. which protects bait and catch from remote. Global Classifications for Some Fishing marine mammal depredation), which Alternative Approaches When Estimates Gear Types prevents and, in some cases, eliminates of Marine Mammal Bycatch Are marine mammal hook depredation and Due to a lack of information about Unavailable entanglement. marine mammal bycatch, NMFS used NMFS uniformly classified as export As bycatch estimates are lacking for gear types to classify fisheries as either all gillnet, driftnet, set net, fyke net, most fisheries, NMFS relied on three export or exempt. The detailed rationale trammel net, and pound net fisheries considerations to assess the likelihood for these classifications by gear type because the likelihood of marine of bycatch or interaction with marine were provided in the Federal Register mammal bycatch in this gear type is mammals, including: (1) Co-occurrence, notice for the draft 2017 LOFF (82 FR more than remote. Few nations the spatial and seasonal distribution and 39762; August 22, 2017) and are provided evidence that the likelihood of overlap of marine mammals and fishing summarized here. In the absence of marine mammal bycatch in these gillnet operations as a measure of risk specific information showing a remote and set net fisheries was less than (Komoroske & Lewison 2015; FAO 2010; likelihood of marine mammal bycatch remote. Those that did, demonstrated Watson et al., 2006; Read et al., 2006; in a particular fishery, NMFS classified that the gillnet fishing area of operation Reeves et al., 2004); (2) analogous gear, fisheries using these gear types as did not overlap with marine mammal evaluation of records of bycatch and export. Exceptions to those habitat. assessment of risk, where such classifications are included in the NMFS classified purse seine fisheries information exists, in analogous U.S. discussion below. as export, unless the fishery is operating fisheries (MMPA List of Fisheries found NMFS classified as export all trap and under an RFMO that has implemented at: https://www.fisheries.noaa.gov/ pot fisheries because the risk of conservation and management measures action/list-fisheries-2019) and entanglement in float/buoy lines and prohibiting the intentional encirclement international fisheries or gear types; and groundlines is more than remote, of marine mammals by a purse seine. In (3) overarching classifications, especially in areas of co-occurrence those instances, NMFS classifies the evaluation of gears and fishing with large whales. While many nations purse seine fisheries as exempt because operations and their risk of marine assert that marine mammals cannot the evidence suggests that, where purse mammal bycatch (see section below for enter the trap and become entangled, seine vessels do not intentionally set on further discussion). NMFS also the risk is not from the trap but from the marine mammals, the likelihood of evaluated other relevant information surface buoy line and the groundlines marine mammal bycatch is generally

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remote. However, if there is Overview of the Final 2020 LOFF and West Bank, Western Sahara, Zambia, documentary evidence that a nation’s the Response by Nations and Zimbabwe. purse seine fishery continues to The 2020 final LOFF is composed of In the course of updating the incidentally kill or injure marine 953 exempt fisheries and 1852 export draft2020 LOFF, NMFS added and/or mammals despite such a prohibition, fisheries from 131 nations (or re-confirmed that the following nations NMFS classified the fishery as an export economies). Eighty-five nations were exporting to the United States to fishery. Similarly, if any nation submitted updates to their draft 2020 identify if they should be included on provided evidence that it had adopted LOFF, which NMFS used to create the the LOFF and, if so, how to list their and implemented a regulatory measure final 2020 LOFF. The following nations fisheries: Albania, Aruba, Belarus, prohibiting the intentional encirclement are predominantly intermediary nations: Jordan, Libya, Lithuania, Slovakia, of marine mammals by a purse seine Aruba, Belarus, Monaco, and Somalia, St. Lucia, Togo, and Yemen. vessel, that fishery would be designated Switzerland. NMFS continues to work with Burundi, as exempt, absent evidence that it The 2017 LOFF, the draft 2020 LOFF, British Virgin Islands, Cambodia, continued to incidentally kill or injure the final 2020 LOFF, as well as a list of French Guiana, Kazakhstan, Laos, marine mammals. intermediary nations (or economies) and Moldova, and Rwanda. their associated products and sources of NMFS urges nations to examine their NMFS classified as export all trawl exports to the United States over the last fisheries, including bream trawls, pair those products, and a list of fisheries and nations where the rule does not two decades and include all fisheries or trawls, and otter trawls, because the processors and processed products likelihood of marine mammal bycatch apply, can be found at: https:// www.fisheries.noaa.gov/foreign/ which have, are, or in the future may be in this gear type is more than remote, the source of fish and fish products and this gear type often co-occurs with international-affairs/list-foreign- fisheries. exported to the United States. To ensure marine mammal stocks. However, the that no fisheries or processed products krill trawl fishery operating under the Nations Failing To Respond are overlooked in this process, nations Commission for the Conservation of More than 20 nations (or economies) 2 should be as inclusive as possible. Antarctic Marine Living Resources failed to submit updates to their 2017 Nations or other entities should provide (CCAMLR) in subareas 48.1–4 is LOFF entries, their 2019 Progress Report all the documentation and applicable classified as exempt due to the and the Draft 2020 LOFF. These nations references necessary to support any conservation and management measures include: Bahrain, British Virgin Islands, proposed modifications to the fisheries requiring marine mammal excluding Cameroon, Cape Verde, Egypt, Haiti, on the LOFF. If any nation on these lists devices, observer coverage and reporting Iran, Israel, Kiribati, Libya, Mauritania, intends to export fish and fish products requirements, and because total Mozambique, Papua New Guinea, to the United States, they should contact estimated marine mammal mortalities Romania, Solomon Islands, South NMFS to ensure their fisheries are on are less than ten percent of the bycatch Africa, Saint Kitts and Nevis, Saint the LOFF and that they apply for and limit/PBR for these pinniped stocks that Lucia, Tanzania, Tunisia, Turks and receive a Comparability Finding. interact with that fishery. Caicos Islands, and Venezuela. These General Changes From the Draft 2020 There are several gear types that nations are not on a positive trajectory LOFF NMFS classified as exempt because they toward receiving Comparability are highly selective, have a remote Findings for their commercial fisheries Nations That Did Not Update Their likelihood of marine mammal bycatch, and face a risk of trade restrictions. Draft 2020 LOFF or have analogous U.S. Category III NMFS was able to confirm that Approximately 55 nations (or fisheries. These gear types are: hand approximately 65 nations are not economies) did not update the collection, diving, manual extraction, exporting or do not intend to export fish information in their LOFF. These hand lines, hook and line, jigs, dredges, or fish products to the United States in nations (or economies) include: Antigua clam rakes, beach-operated hauling nets, the coming years: Afghanistan, Algeria, and Barbuda, Armenia, Bahrain, ring nets, beach seines, small lift nets, Andorra, Angola, Anguilla, Azerbaijan, Barbados, Benin, British Virgin Islands, cast nets, small bamboo weir, and Bermuda, Bhutan, Bolivia, Bosnia and Brunei, Cameroon, Cape Verde, Costa floating mats for roe collection. Herzegovina, Botswana, Burkina Faso, Rica, Dominican Republic, Egypt, Central African Republic, Cayman Ghana, Grenada, Guatemala, Guinea, NMFS classified Danish seine Islands, Chad, Congo, Cuba, Czech Haiti, Israel, Ivory Coast, Jamaica, fisheries as exempt based on the remote Republic, Djibouti, Dominica, East Jordan, Kazakhstan, Kenya, Kiribati, likelihood of marine mammal bycatch Timor, Equatorial Guinea, Eritrea, Liberia, Libya, Madagascar, Malta, because of a lack of documented Ethiopia, Gabon, Gaza Strip, Georgia, Mauritania, Mauritius, Mexico, interactions with marine mammals. The Gibraltar, Guadeloupe, Guinea-Bissau, Mozambique, Namibia, Papua New exception is any Danish seine fisheries Iraq, Kosovo, Kuwait, Kyrgyzstan, Guinea, Romania, Samoa, Senegal, with documentary evidence of marine Lebanon, Lesotho, Liechtenstein, Seychelles, Sierra Leone, Slovakia, mammal interactions, which NMFS Luxembourg, Malawi, Mali, Martinique, Solomon Islands, Somalia, South Africa, classified as export. Mongolia, Monserrat, Montenegro, St. Kitts and Nevis, St. Lucia, St. Finally, NMFS classified as exempt Nauru, Nepal, Netherlands Antilles, Vincent and the Grenadines, Suriname, most forms of aquaculture, including Niger, Niue, North Macedonia, North Tanzania, Togo, Tunisia, Turks and lines and floating cages, unless Korea, Paraguay, Qatar, San Marino, Caicos Islands, Uganda, United Arab documentary evidence indicates marine Serbia, Sudan, Swaziland, Syria, Emirates, Vanuatu, and Yemen. As a mammal interactions or entanglement, Tajikistan, Tokelau, Tuvalu, Uzbekistan, result, the fishery classifications for particularly of large whale entanglement these nations (or economies) for the in aquaculture seaweed or shellfish 2 The terms ‘‘nation’’ or ‘‘harvesting nation’’ most part remain unchanged from the lines, or in cases where nations permit includes foreign countries, nations, states, governments, territories, economies, or similar draft2020 LOFF. It is uncertain what aquaculture facilities to intentionally entities that have laws governing the fisheries impact disruptions to government kill or injure marine mammals. operating under their control. services or other extenuating

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circumstances played in a nation’s management system, to commercially of co-occurring marine mammals. ability or failure to submit updates to its fish and export fish and fish products to Following is a summary of those LOFF. the United States. A list of commercial changes. The changes to each fishery fisheries that were deleted from or can be found at https:// Updates to the Draft 2020 LOFF added to the LOFF and modifications to www.fisheries.noaa.gov/foreign/ Nations updated their draft2020 LOFF the list of marine mammals that interact international-affairs/list-foreign- through the NMFS International Affairs with fisheries that were retained on the fisheries. Information Capture and Reporting LOFF can be found at: https:// Canada System (IAICRS). The IAICRS enables www.fisheries.noaa.gov/foreign/ NMFS to achieve greater consistency international-affairs/list-foreign- Canadian net pen finfish aquaculture and standardization in the reporting of fisheries. facilities without a history of marine target species, gear types, area of After harvesting nations revised the mammal incidental or intentional operation, and marine mammal LOFF, NMFS reviewed fisheries and mortality were reclassified as exempt interactions. Nations were instructed to identified gear types indicated in a fisheries. The reclassification was based revise their fisheries information to fishery that should be classified as an on a comparison to U.S. salmon reflect their fishery management regime. export fishery rather than as an exempt aquaculture operations. The U.S. Throughout the exemption period, fishery, or vice versa. NMFS reclassified salmon net pen aquaculture facilities are harvesting nations continued to update such fisheries from export to exempt or classified as Category III. Canadian net and refine their LOFF. These from exempt to export, as appropriate. pen aquaculture is known to have an modifications continue to improve the A list of commercial fisheries with equally low likelihood of marine quantity, quality, consistency, and revised classifications can be found at: mammal interactions, and intentional accuracy of the final 2020 LOFF. A https://www.fisheries.noaa.gov/foreign/ killing of marine mammals has recently record of all modifications are retained international-affairs/list-foreign- been banned in Canada. The Minister of within the IAICRS. fisheries. the Department of Fisheries and Oceans Harvesting nations undertook the Finally, NMFS requested that nations Canada (DFO) notified Canadian following modifications: update their list of marine mammals aquaculture operators on March 22, • Linked exported seafood products that co-occur with the fishery and 2019, that the DFO would cease to to specific fisheries and identified the specifically identify which marine authorize the lethal removal of nuisance target (and associated non-target) mammals co-occur or overlap with seals effective immediately. At the same species of those fisheries; commercial fishing operations from time, the DFO notified industry of its • aggregated multi-species fisheries those that potentially or do interact with intention to prohibit this activity in into one fishery, as appropriate; the fishery. This resulted in nations regulation prior to 2022. Additionally, • updated gear types based on the (such as Greenland, Turkey, and Cook the Canadian Industry Alliance (CAIA) FAO definitions of fishing gear, grouped Islands) revising their marine mammal stated their members’ commitment to by categories, in accordance with the lists to remove out-of-habitat marine ‘‘no intentional mammal kill practices FAO-recommended classification mammals (i.e., marine mammal species in [our] seafood farming operations system, the International Standard incorrectly specified as being associated within Canada,’’ as well as their Statistical Classification of Fishing Gear with a fishery when those species do commitment to ‘‘non-lethal and non- (ISSCFG); not, in fact, inhabit that water body), acoustic deterrence methods’’ for • updated the area of operation using specifying previously unspecified marine mammals. The DFO has initiated the FAO major fishing areas and marine mammal species (i.e., changing the regulatory process to amend the subareas, and the nation’s management from a designation of ‘‘whale Marine Mammal Regulations (MMR) areas within their EEZ within those unspecified’’ to an indication of a and the Pacific Aquaculture Regulations FAO fishing subareas; specific species), and removing species (PAR) to remove regulatory provisions • eliminated fisheries that were solely that may be distributed in or migrate allowing aquaculture operators to use for domestic consumption and added through a nation’s waters but those lethal force on marine mammals, with fisheries that export fish and fish distributions do not overlap with the the exception of cases where there is an products or intend in the future to operation area of the fishery. Likewise, imminent threat to human life or export such products to the United nations added to their lists of marine humane dispatch of a seriously injured States; mammals that co-occur with their animal. • updated their marine mammal commercial fishing operations. Canada also has regulatory abundance estimates; The final 2020 LOFF is the last LOFF mechanisms in place that require the • updated their marine mammal prior to the deadline for submission of immediate notification of marine bycatch limits; Comparability Finding applications by mammal mortality or serious injury by • updated their marine mammal nations. The 2020 LOFF will be the aquaculture operators. The MMR, which bycatch estimates for some of their foundation for all responses that nations apply on the east coast, and the PAR fisheries on the LOFF, including adding must provide as part of their Conditions of License in British additional years of data (e.g., in Comparability Finding application. Columbia both stipulate that the DFO accordance with NMFS’ must be immediately notified of marine recommendation to include at least five Nation-Specific Modifications Made to mammal mortalities. Additionally, years bycatch data); and the Draft 2020 LOFF aquaculture operators are required • updated bycatch estimates Several nations undertook significant under Marine Mammal Management including information on the number of revisions to their LOFF. These revisions Plans or Farm Management Plans to marine mammals killed, injured, and include analysis of fishery bycatch have marine mammal mitigation released alive in the fishery. compared to the bycatch limit to measures in place. These plans can NMFS maintains that the fisheries on demonstrate a remote likelihood of describe non-lethal marine mammal the LOFF should reflect the commercial bycatch, comparative analysis of deterrence methods, such as anti- fisheries authorized by the harvesting fisheries with analogous U.S. domestic predatory netting. Additionally, the nation, according to their fishery fisheries, and modification to their list DFO has undertaken a study of marine

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mammal deterrence methods and have some type of direct interaction Mammal Interactions or Co-occurrence identified humane and effective with fisheries on the LOFF. by Group, Species or Stock’’ column. deterrence methods. ‘‘RFMO’’ indicates that the fishery is Description of the Columns on the LOFF Additionally, NMFS reclassified as operating under the jurisdiction of, or exempt Canadian purse seine, tuck The final 2020 LOFF is again adhering to the management measures seine and bar seine fisheries. As stated organized by nation, and has listed the of, one or several regional fishery in the 2020 draft LOFF (85 FR 15116, exempt and export fisheries for each management organizations (RFMOs) or March 17, 2020), if any nation nation. This list is organized by arrangements. demonstrated that it had implemented a columns contains the following List of Intermediary Nations and measure prohibiting the intentional information. ‘‘Target Species or Products for Nations That Are encirclement of marine mammals by a Product’’ is a list of the target species Processing Fish and Fish Products purse seine vessel, that fishery would be and the non-target species associated For the purposes of identifying designated as exempt, absent evidence with that exempt or export fishery. For intermediary nations, the list of that it continued to incidentally kill or standardization purposes, this list intermediary nations and products injure marine mammals. In 2019, includes common and scientific names include instances where a nation Canada implemented a measure under for the fishery’s target and non-target sources raw material from another conditions of licenses prohibiting the species. nation for processing and re-export to encirclement of marine mammals in ‘‘Gear Type’’ is the list of fishing gears the United States, or if the nation is both Atlantic purse seine, tuck seine, and bar used to harvest the target species. As the harvester and processor of the raw seine fisheries. These fisheries operate previously discussed, the gears are designated according to the FAO material, or if the fish and fish product in the Atlantic Regions and have a is harvested or processed elsewhere and definitions of fishing gear and are remote likelihood of marine mammal transshipped through that nation’s grouped by categories in accordance bycatch, as determined based on fishery jurisdiction. In addition, the ≥ with the FAO-recommended ISSCFG monitoring ( 5 percent observer intermediary nation list also identifies ≥ classification system. coverage and/or 5 percent electronic whether the specific fish or fish product monitoring). These fisheries have either ‘‘Number of Vessels/Licenses/ was harvested in the nation’s waters no documented marine mammal Participants, Aquaculture Facilities’’ is under an ‘‘Access/License/Charter bycatch over at least five fishing an estimate of the number of vessels Agreement or Bilateral/Permitting seasons, or individual bycatch levels <1 authorized to fish in this fishery, the Agreement.’’ Nations have indicated percent of bycatch limit and cumulative number of fishing permits or licenses whether the product was harvested by fishery bycatch levels <10 percent of the issued by the nation for vessels, or the another nation operating under an bycatch limit; prohibit intentional number of participants authorized to agreement, and have indicated which killing of marine mammals; have legally fish or operate in this fishery. In nations are actively fishing in its waters mandatory reporting of marine mammal the case of aquaculture, it is the number for the listed product. If the product was interactions; and are analogous with of facilities authorized by the nation to not harvested in a nation’s waters, but U.S. Category III fisheries. operate aquaculture operations. rather was imported into a nation from NMFS also reclassified several other ‘‘Area of Operation’’ is the FAO global another nation for the purposes of fisheries based on their having a remote fishing area and sub-regional statistical processing, that nation indicated which likelihood of marine mammal bycatch area or division where the fishery nations provided the product or raw and being analogous to U.S. Category III operates. Nations may have also material. If the product was fisheries. The fisheries that were included fishery management areas transshipped through a nation’s border reclassified can be found at: https:// specific to their laws and management (i.e., transport only, with no value www.fisheries.noaa.gov/foreign/ structure with the FAO area, division, or added), thus changing the product’s international-affairs/list-foreign- subarea. origin so that it becomes a product of fisheries. ‘‘Marine Mammal Interactions or Co- the nation through which it is occurrence by Group, Species or Stock’’ Chile transshipped, that nation indicated that is a listing of marine mammal species or it is solely transshipping the product. If Chile’s LOFF had an exhaustive list of stocks of known marine mammals a nation is performing some form of marine mammal populations identified whose distribution overlaps the area of value-added processing of the product, as co-occurring with its fisheries. Chile’s operation of the fishery. This list then the nation did not indicate that it initial approach was to use the includes the marine mammal species/ is solely transshipping. Finally, if a International Union for Conservation of stock that may be found in or migrate nation is also the harvester of this Nature (IUCN) data on geographic through a nation’s waters, specifically product, that nation indicated that it is distribution to identify all marine those marine mammals that have a sourcing this product from other nations mammals in Chilean waters regardless regular and significant co-occurrence and possibly co-mingling the product of whether they co-occurred with the with this fishery, depredate on bait or with product from its own active- fishery listed on the LOFF. After catch, are captured and released alive, harvest fisheries already on the LOFF. NMFS’s technical consultations with or are killed or injured in the fishery. The current list of intermediary Chile, Chile revised the list to reflect Co-occurrence data is useful to develop products is at: https:// only marine mammal populations that risk assessment models in the absence www.fisheries.noaa.gov/foreign/ actually co-occur or interact with its of bycatch estimates. international-affairs/list-foreign- fisheries on the LOFF. Chile held ‘‘Marine Mammal Bycatch Estimates’’ fisheries. workshops with marine mammal are the marine mammal species/stocks experts and reviewed the scientific and the average annual bycatch estimate The List of Fisheries Listed in ‘‘Rule literature to identify, on a precautionary for that species as provided by the Does Not Apply’’ basis, marine mammal species or stocks harvesting nation. This list is likely to The MMPA Import Provisions do not whose distribution overlaps with areas be a subset of the marine mammal apply to any land-based or freshwater where fishing operations occur or that species/stocks listed in the ‘‘Marine aquaculture operations, as these

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commercial fishing operations do not imports from commercial fishing harvesting nation and not subject to the occur in marine mammal habitat. operations not identified in the final prohibition be accompanied by a Nevertheless, NMFS is aiming to LOFF as either exempt or export Certification of Admissibility (50 CFR account for all fish and fish products fisheries will be classified as an export 216.24 (h)(9)(iii)). fishery until the next List of Foreign exported by a nation to the United Evaluating a Nation’s Progress in Fisheries is published unless the States in one of three categories: (1) Reducing Bycatch LOFF (exempt and export fisheries); (2) Assistant Administrator has reliable Intermediary (processed or transshipped information from the harvesting nation Comment 2: NGOs commented that products); (3) Rule Does Not Apply to properly classify the foreign NMFS should strongly urge nations to (freshwater and inland fisheries/ commercial fishing operation (50 CFR demonstrate in their Comparability aquaculture). Fisheries that occur solely 216.3, defining ‘‘export fishery’’). As Finding applications that they meet all in fresh water outside any marine such, fish and fish products entering the conditions established in Section mammal habitat, and inland United States from such fisheries must (h)(6)(iii) of the regulations. For aquaculture operations, are exempt from have a valid Comparability Finding, be fisheries operating in their own EEZs, this rule and are listed in the ‘‘Rule accompanied by a Certificate of this includes prohibiting intentional Does Not Apply’’ list. Admissibility, or be accompanied by mortality, conducting marine mammal other documentation required by NMFS stock assessments, maintaining a Response to Comments indicating that the fish or fish products fisheries register, requiring bycatch NMFS received ten comment letters were not caught or harvested in a reduction, conducting monitoring, and on the draft 2020 LOFF (85 FR 15116; fishery subject to an import prohibition proving that bycatch does not exceed March 17, 2020). Several non- (Id. § 216.24(h)(i)–(iii)). Otherwise, such PBR (or a comparable scientific metric) governmental organizations (NGOs) and fish and fish products will be banned (50 CFR 216.24(h)(6)(iii)). an industry group submitted comments, from entry into the United States Response: For any nation applying to which are summarized below. Nations pursuant to Section 101(a)(2) of the receive a Comparability Finding for a provided either comments or MMPA. Without such a Comparability fishery, NMFS must determine that the substantive changes in the form of Finding (or Certificate of Admissibility harvesting nation maintains a regulatory updates to their LOFF through the or other documentation), there is no program with respect to the fishery that IAICRS, those updates are summarized reasonable proof that imports are is comparable in effectiveness to the above. meeting U.S. standards and such U.S. regulatory program regarding Several comments received were not imports must be barred from entry. incidental mortality and serious injury germane to the draft LOFF and are not Response: The MMPA Import of marine mammals in the course of addressed in this section. These Provisions Rule (50 CFR 216.24(h)) commercial fishing operations, in comments include references to actions clearly provides that all fisheries that particular by maintaining a regulatory outside the scope of the statutory export to the United States must be on program that includes or effectively mandate or actions covered under other the LOFF. It is equally clear that a achieves comparable results as the rulemakings. Generally, comments from harvesting nation must apply for and conditions in paragraph (h)(6)(iii)(C), industry and the environmental receive a Comparability Finding for (D), or (E). The term ‘‘comparable in community were supportive of NMFS’s each of its export and exempt fisheries effectiveness’’ means that the regulatory program effectively achieves ongoing implementation of the MMPA on the LOFF to continue to export fish comparable results to the U.S. Import Provisions. Both sectors and fish products from those fisheries to regulatory program. This approach gives recognize that the MMPA Import the United States. For purposes of this harvesting nations flexibility to Provisions provide a mechanism to level section, a fish or fish product caught implement the same type of regulatory the playing field for U.S. fishermen with commercial fishing technology program as the United States or a while improving fishing practices and which results in the incidental mortality different program that achieves the same the status of marine mammal or incidental serious injury of marine results. NMFS does not require that populations worldwide. Animal Welfare mammals in excess of U.S. standards is every nation implement every element Institute, Center for Biological Diversity, any fish or fish product harvested in an exempt or export fishery for which a outlined in 50 CFR 216.24 (h)(6)(iii). For International Fund for Animal Welfare, example, if a particular fishery with Natural Resources Defense Council, and valid Comparability Finding is not in effect. Accordingly, it is unlawful for high bycatch switches to non-entangling Whale and Dolphin Conservation gear and can demonstrate that it has (hereafter referred to as non- any person to import, or attempt to import, into the United States for virtually eliminated its bycatch, that governmental organizations or NGOs) action can be considered comparable in submitted extensive comments, which commercial purposes any fish or fish product if such fish or fish product that effectiveness. Likewise, if a nation are summarized and responded to chooses to eliminate its bycatch by below. Comments received on the draft was caught or harvested in a fishery that does not have a valid Comparability implementing time or area-based 2020 LOFF are available for review at Finding in effect at the time of import. closures and can demonstrate the http://www.regulations.gov under NMFS disagrees with these NGO effectiveness of such closures, that Docket ID NOAA–NMFS–2020–0001. commenters that a Certification of regulatory program may be considered General Comments Admissibility must accompany each comparable in effectiveness. When shipment from a nation. A Certification making this determination, NMFS Legal Comments on the MMPA Import of Admissibility may only be required evaluates a harvesting nation’s Provisions Rule and the Protocol for in situations where fish or fish products implementation of bycatch mitigation LOFF Treatment of Fish and Fish are subject to an import prohibition and measures that will result in clear and Products From Commercial Fishing the Assistant Administrator, to avoid significant bycatch reductions. Operations Not Identified in the LOFF circumvention of the import Comment 3: NGOs reiterated their Comment 1: NGOs commented that prohibition, requires that the same or concern with 50 CFR 216.24 (h)(7) of the NMFS should provide clarity to similar fish and fish products caught or MMPA Import Provisions Rule, which exporters, importers, and the public that harvested in another fishery of the allows NMFS to make several

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considerations in determining whether a apply the same protective and of the bycatch monitoring or reporting nation’s regulatory program is statutorily required standard for all program. comparable. These considerations nations. Basis for Exempt and Export include the progress a foreign exporter Response: NMFS is mindful of U.S. Determinations has made in achieving its bycatch obligations under the WTO Agreement objectives, the likelihood a nation’s when implementing the provisions of Comment 6: NGOs state that NMFS regulations will reduce bycatch, and the the MMPA and works with the Office of should disclose the basis for its extent to which the harvesting nation the U.S. Trade Representative to ensure determinations of whether a fishery is has successfully implemented bycatch that any actions taken under the MMPA exempt or export. They stated that, measures (50 CFR 216.24(h)(7)(ii), (iii)). are consistent with these obligations. unlike NMFS’s draft and final 2017 The commenters express concern that Agency actions and recommendations LOFFs, the 2020 draft LOFF does not these considerations would give NMFS under the MMPA Import Provisions contain either references or detailed flexibility in determining whether Rule, including this final LOFF, will be information and a few other critical nations’ bycatch programs are in accordance with U.S. obligations categories (rationale, company name, comparable to the U.S. program, even if under the WTO and other applicable etc.). The commenters state that this nations exceed PBR or a similar bycatch international law. Consistent with the transparency is critical for the public to limit. They maintain that the MMPA WTO Agreement and U.S. obligations understand the decisions being made, Import Provisions require that NMFS under other free trade agreements, whether the decisions are consistent, shall ban fish imports if exporting NMFS will consider a harvesting and whether they have sufficient fisheries’ serious injury and mortality nation’s existing mechanisms where support as is required under the (SI/M) exceeds United States standards they provide for comparable protection Administrative Procedure Act (see Ctr. (16 U.S.C. 1371(a)(2)). The commenters of marine mammal species and are for Biological Diversity v. Kempthorne, claim the MMPA does not allow nations appropriate to the conditions in the 466 F.3d 1098, 1104 (9th Cir. 2006) ‘‘It with fisheries with unknown or harvesting nation. By taking into is insufficient for requisite declining bycatch or bycatch in excess account different conditions in a determinations to be lurking in the of PBR to enter the United States. They nation’s fishery, including conditions administrative record yet be assert that NMFS has no statutory that could bear on the feasibility and unidentified in the decision itself.’’). authority to deem nations comparable effectiveness of certain bycatch Response: The draft 2017 LOFF and for half-measures taken or for mere mitigation measures, NMFS considers final 2017 LOFF contained a summary improvement and that NMFS must alternative measures implemented by of the information used to support the require nations to meet U.S. bycatch the nation that are as effective or more designations or identification of standards. effective than those applicable in U.S. fisheries (see https:// Response: NMFS recognizes that there fisheries. www.fisheries.noaa.gov/foreign/ will be situations, similar to those international-affairs/list-foreign- Marine Mammal Mortality encountered in our domestic fisheries, fisheries). The draft 2017 LOFF (82 FR where Comparability Finding Comment 5: NGOs requested that 39762, August 22, 2017), the final 2017 determinations will occur during a time NMFS clarify how many years of LOFF (83 FR 11703, March 16, 2018), when a harvesting nation may be mortality data may be used to calculate the draft 2020 LOFF (85 FR 15116 at implementing new regulations or the ‘‘Annual Average Mortality 15119, March 17, 2020), and this revising existing regulations to meet the Estimate’’ for each stock in a fishery. To document explain the basis for the conditions of a Comparability Finding. ensure consistency for reporting, the classification of the exempt and export NMFS believes that such actions should commenters urged NMFS to recommend fisheries in a clear and transparent be encouraged rather than penalized. In to nations that they use a five-year manner. Additionally, the draft 2017 those situations, NMFS must determine average unless a nation demonstrates and final 2017 LOFF contained a whether such regulations are likely to that data quantity and quality for a ‘‘Detailed Information’’ column which reduce marine mammal bycatch or are particular fishery justifies a different served as a catch-all for information that making progress toward reducing average. did not fit within the confines of the marine mammal bycatch. The Secretary Response: NMFS uses the Guidelines excel format, or contained references must make that same determination for Preparing Stock Assessment Reports used in identifying fisheries from non- when promulgating regulations to Pursuant to Section 117 of the Marine responsive nations. The move to IAICRS implement domestic take reduction Mammal Protection Act (NMFS 2016) allowed for a level of consistency in measures, as the MMPA mandates that when advising nations on the data capture that was not available in a take reduction plan shall include development of their regulatory plans. the 2017 format to capture this measures the Secretary expects will The commenters should note that in the information in the relevant columns reduce, within 6 months of the plan’s Federal Register notice (85 FR 15116 at published in the 2020 LOFF versions. implementation, such mortality and 15119, March 17, 2020) under the Comment 7: The NGOs cite NMFS’ serious injury to a level below the section entitled ‘‘Instructions to Nations stock assessment guidance to assert that potential biological removal level (16 Reviewing the Draft 2020 LOFF and logbook data alone should not be used U.S.C. 1387(f)(5)(A)). NMFS cannot Actions Needed by Nations,’’ nations as a basis for exempting a fishery from establish a standard for other nations are requested to update their marine regulatory requirements. The that is more rigorous than the U.S. mammal bycatch estimates for each commenters seek to understand the regulatory standard under which we fishery on the LOFF, including adding quality and level of statistical rigor of operate. additional years of data (e.g., at least the data that nations are reporting, and Comment 4: NGO commenters state five years). IAICRS makes clear that we they further assert a nation’s report of that NMFS must treat nations equally to are requesting that the nation provide at no or insignificant bycatch based on ensure fairness but also to ensure any least five years of data. The availability logbook data alone should not be a basis import bans will withstand a potential of bycatch data or estimates varies for classifying a fishery as exempt, challenge under the World Trade greatly over 129 nations and, just like particularly if there is any evidence of Organization (‘‘WTO’’). NMFS must within the United States, is a function bycatch in similar gear types.

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Response: The Federal Register conduct a 20-year review of these legitimate trade. It is anticipated that notices previously published for each databases to ensure the LOFF is correct. such ‘‘new export’’ situations would not LOFF clearly state that if estimates of Response: In preparing the LOFF and involve significant trade volumes and the total incidental mortality and engaging in technical consultations, could be addressed in a short time frame serious injury were available and a NMFS periodically conducts a 20-year through a consultative process. bycatch limit was calculated for a review of is Foreign Fishery Trade Data Comment 10: The NGOs stated they marine mammal stock, NMFS used the and continues to monitor seafood reviewed NOAA’s Foreign Fishery quantitative and tiered analysis to supply chains. NMFS continues to work Trade Data for all 72 listed nations that classify foreign commercial fishing with other U.S. trade programs, offices, are not on the LOFF due to lack of operations as export or exempt fisheries and partner agencies to confirm trade exports to find any imports of fish or under the category definition within 50 data is accurate and verify active fish products over the last 10 years CFR 229.2 and the procedures used to seafood import streams. NMFS routinely (from 2010 to 2020). Their review categorize U.S. fisheries as Category I, II, verifies exports to the United States as identified 27 of these nations that or III, at https://www.fisheries.noaa.gov/ part of its ongoing consultations with exported fish or fish products during national/marine-mammal-protection/ nations as well as with relevant RFMOs. this period. They urged NMFS to marine-mammal-protection-act-list- In the course of import verification, if contact the nations listed below that fisheries (85 FR 15116 at 15119, March NMFS identifies a nation not previously have exported and inform them that 17, 2020). However, NMFS has only on the LOFF as newly exporting seafood they must apply for a Comparability been able to use that process for one products, NMFS reviews and confirms Finding for any fishery by March 2021, fishery, the krill trawl fishery operating that the trade data is accurate. Then, if they wish to export their product after under CCAMLR in the Antarctic NMFS consults with the nation on January 1, 2022. The nations are: (1) Peninsula region. Norway provided whether the product falls under the Afghanistan; (2) Anguilla; (3) Aruba; (4) evidence that the bycatch limit for MMPA and adds that product to the Bolivia; (5) Bosnia and Herzegovina; (6) Antarctic fur seals in this region has LOFF as appropriate. Curac¸ao; (7) Burundi; (8) Cayman been calculated at 88,200 individuals Comment 9: The NGOs highlight the Islands; (9) Congo (Kinshasa); (10) and the estimated incidental mortality MMPA Import Provisions Rule Djibouti; (11) Gabon; (12) Georgia; (13) and serious injury for these krill allowance of a one-year, provisional Gibraltar; (14) Guinea-Bissau; (15) fisheries operating in the CCAMLR Comparability Finding for a fishery not French Guinea; (16) Kyrgyzstan; (17) Convention Area is less than ten percent listed on the LOFF if it is the source of Laos; (18) Lebanon; (19) Marshall of the bycatch limit, making these new exports to the United States (50 Islands; (20) Martinique; (21) Niue; (22) fisheries exempt (83 FR 11703, March CFR 216.24(h)(8)(vi)). They assert, Palau; (23) Serbia; (24) Sint Maarten (25) 16, 2018). however, any fish product that has in Tokelau; (26) Uzbekistan; (27) Zambia. As NMFS has reiterated in previous the past been exported to the United Response: As previously described, notices and this Federal Register notice, States cannot qualify as a ‘‘new export,’’ NMFS continues to verify trade data and the lack of information about marine and NMFS cannot grant a one-year consult with nations, including those mammal bycatch (including bycatch provisional Comparability Finding for with potentially newly identified limits derived from logbooks), requires the fishery. They further assert that imports. The LOFF reflects a nation’s that NMFS use gear types to classify NMFS must instead deny imports until fisheries management authorities and its fisheries as either export or exempt. The the nation demonstrates comparability. organization. In cases where an detailed rationales for these Response: NMFS disagrees because economy is a territory or otherwise classifications by gear type were seafood supply chains are constantly grouped with another nation, we have provided in the Federal Register notice changing. Moreover, vessels change seen misreporting due to issuing for the draft 2017 LOFF (82 FR 39762; flags, and fisheries are closed or halted authorities that might be based in one August 22, 2017) and are summarized for management purposes, while other jurisdictional area but are validating fish above in this notice. In the absence of fisheries commence on an experimental imports produced from another specific information showing a remote basis. The commenters’ interpretation of jurisdictional area. Following are likelihood of marine mammal bycatch a ‘‘new export’’ is unduly restrictive. NMFS’s findings for the 27 nations in a particular fishery, NMFS classified Products that have not been exported to identified by the NGO commenters. fisheries using these gear types as the United States for several years due NMFS confirmed either data entry export. Exceptions to those to fishery closures or changes in errors or country code error for: Bolivia, classifications are discussed above. patterns in trade should be considered Bosnia and Herzegovina, Cayman ‘‘new exports,’’ especially if they are Islands, Djibouti, Gabon, Georgia, Comments on Nations Listed as Not under a new fishery management Gibraltar, Guinea-Bissau, Kyrgyzstan, Exporting to the United States regime. As soon as NMFS becomes Martinique, Lebanon, Niue, Serbia, Comment 8: The NGOs note that the aware of new sources of fish product Tokelau, Uzbekistan, and Zambia. These Federal Register notice for the draft imports, NMFS will notify the exporting errors can result in fish and fish 2020 LOFF lists 72 nations that have no nations and begin consultations to products being identified as originating record of exporting fish and fish characterize the production methods in a particular nation that does not products to the United States (85 FR and supply chain. Absent information to export that product. NMFS is in 15118; March 17, 2020). However, they make an informed decision, imposing a consultation with, and is awaiting a claim that their review of import data, trade restriction from the outset could response from, Burundi, Laos, and from both NOAA’s Foreign Fishery unduly constrain otherwise admissible French Guiana regarding their export Trade Data database and the commercial products. In addition, it would be status (e.g., harvesting nation, subscription Panjiva database (https:// difficult to work with U.S. Customs and processing nation or both). The panjiva.com/), demonstrates that several Border Protection (CBP) to impose commenters should note that Marshall of the listed nations do export fish to the embargoes and/or documentation Islands and Palau are on both the 2017 United States. They state that NMFS requirements without knowing the and the 2020 LOFF. Based on NMFS must include each of these exporting details of the supply chain. Imprecise consultations, we added Aruba to the nations on the LOFF and should instructions to CBP could disrupt 2020 LOFF. Finally, NMFS confirmed

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that Afghanistan, Anguilla, Congo bycatch, and that it is difficult to those of the United States) prohibiting (Kinshasa), Curac¸ao, and Saint Maarten estimate bycatch of large whales in trap/ the intentional encirclement of marine have no imports and do not intend to pot gear, as larger whales can carry gear mammals by a purse seine. In those export seafood products to the United long distances and, as a result, serious instances, NMFS classifies the purse States. injury and mortality in trap/pot gear seine fisheries as exempt because the goes undetected. evidence suggests that where purse Comments Regarding Classification of Response: NMFS agrees and has seine vessels do not intentionally set on Certain Gear Types classified all pot/trap fisheries as export marine mammals, the likelihood of Gillnet Fisheries fisheries, with the exception of those marine mammal bycatch is generally analogous to U.S. Category III trap/pot remote. Exceptions include where a Comment 11: The NGOs assert that fisheries such as the Caribbean mixed fishery is operating under a regulated NMFS must presume all gillnet fisheries species trap/pot and the Caribbean non-encirclement provision and there is are export fisheries in the absence of spiny lobster trap/pot. documentary evidence that such a specific information fully documenting provision is not being enforced. that a particular fishery has had no Longline Fisheries Fisheries of nations that are not bycatch for at least a five-year period, Comment 13: The NGOs assert that enforcing non-encirclement provisions based on robust monitoring by observers marine mammals are often entangled or are classified as export fisheries. or by tamper evident or tamper proof hooked in longline gear, and subject to electronic monitoring (EM) systems that suffering, serious injury, and mortality Trawl Fisheries have been demonstrated to be effective and serious injury as a result of the Comment 15: NGOs assert that NMFS at detecting bycatch. They also stated interactions. Accordingly, NMFS must must presume that all trawl fisheries are that as a general rule ‘‘it is reasonable presume all longline fisheries are export export fisheries in the absence of to assume that where fisheries coincide fisheries in the absence of specific specific information fully documenting with coastally-distributed cetaceans, information fully documenting that a that a particular fishery has had no bycatch, however poorly documented, particular fishery has had no bycatch for bycatch for at least a five-year period will occur.’’ The commenters also at least a five-year period, based on based on robust monitoring by observers asserted that even gillnet fisheries that robust monitoring by observers or or electronic monitoring because, in the are implementing mitigation techniques electronic monitoring. case of small cetaceans, mitigation is may not be addressing the problem Response: NMFS agrees. The difficult as no reliably effective sufficiently to be classified as exempt. commenters should note that the technical solutions to reduce small Response: NMFS agrees. It is precisely Federal Register notice for the 2020 cetacean bycatch in trawl nets are for this reason that NMFS uses co- draft LOFF classifies longline gear and available. occurrence information, analogous troll line fisheries as export fisheries Response: NMFS classified as export fisheries in the United States, and all because the likelihood of marine all trawl fisheries, including beam available information, and has mammal bycatch is more than remote. trawls, pair trawls, and otter trawls, designated all gillnet fisheries as export However, NMFS classified as exempt because the marine mammal bycatch in fisheries as the default classification. longline and troll fisheries with a this gear type is more than remote and Only three Canadian gillnet fisheries are remote likelihood of bycatch or where this gear type often co-occurs with classified as exempt after extensive the fishery is analogous (by area, gear marine mammal stocks. There are some consultation with Canada about the type, and target species) to U.S. exceptions to this, including some nature of these fisheries. The exempt Category III fishery operating in the area shellfish trawls and dredges classified classification is due to their location where the fishery occurs. NMFS as exempt due to the remote likelihood (inshore or near-shore estuaries), and classifies as exempt snapper/grouper of interaction with marine mammals the documented lack of co-occurrence bottom-set longline fisheries operating and analogous U.S. Category III with marine mammal populations in the in the Gulf of Mexico and the Caribbean fisheries, such as the: Atlantic shellfish region. The Federal Register notices for because they are analogous to U.S. bottom trawl, Gulf of Maine sea urchin the 2017 LOFF and the draft 2020 LOFF Category III bottom-set longline gear dredge, Gulf of Maine mussel dredge, make clear that nations wishing to operating in these areas. NMFS also Gulf of Maine sea scallop dredge, U.S. challenge this designation must provide classifies longline fisheries using a Mid-Atlantic sea scallop dredge, Mid- sufficient observer or logbook data that cachalotera system as exempt, because Atlantic blue crab dredge, Mid-Atlantic refutes this determination and that the chachalotera system prevents, and soft-shell clam dredge, Mid-Atlantic clearly demonstrates that a gillnet in some cases eliminates, marine whelk dredge, U.S. Mid-Atlantic/Gulf of fishery poses a remote likelihood of mammal hook depredation and Mexico oyster dredge, and the New incidental mortality and serious injury entanglement. England and Mid-Atlantic offshore surf to marine mammals. clam/quahog dredge. Additionally, the Purse Seine Fisheries Trap/Pot Fisheries trawl fisheries operating under Comment 14: NGOs state that NMFS CCAMLR for toothfish, mackerel icefish, Comment 12: The NGOs stated that must presume that all purse seine and krill are classified as exempt due to NMFS must presume that all trap/pot fisheries are export fisheries in the the conservation and management fisheries in habitats of large whales are absence of specific information fully measures requiring marine mammal export fisheries in the absence of documenting that a particular fishery excluding devices and because levels of specific information fully documenting has had no bycatch for at least a five- marine mammal mortalities are less that a particular fishery has had no year period, based on robust monitoring than ten percent of the bycatch limit/ bycatch for at least a five-year period, by observers or electronic monitoring. PBR for marine mammal stocks that based on robust monitoring by observers Response: NMFS has classified purse interact with these fisheries. or electronic monitoring. The seine fisheries as export fisheries, unless commenters asserted that trap/pot the fishery is operating under RFMO Other Gear fisheries that use vertical lines to mark conservation and management measures Comment 16: NGOs raised concern gear are responsible for baleen whale or national regulations (comparable to with NMFS classifying several gear

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types as exempt because the gear is fishery listed on the LOFF. NMFS an array of authorized gear types, but highly selective or has a remote provided nations with a list of fish and not all authorized gear types are used to likelihood of bycatch, specifically fish product descriptions and requested harvest fish that are exported to the handline gear and pole-and-line gear that nations identify whether they were United States. Generally, larger used in tuna fisheries, citing both gear the harvester, processor, or both for that industrial fleets using purse seine, types as having dolphin bycatch. The product. This action required nations to longline, and trawl gear export fish and commenters also challenged the exempt investigate their seafood supply chains fish products, while artisanal or small- classification for aquaculture and tuna to provide this information. For scale fleets use gillnets to harvest fish fishing using fish aggregating devices harvesting nations, NMFS requested for domestic consumption. NMFS (FADs), citing instances of that they identify the fishery or fisheries worked with nations to identify the entanglement. that were the source of that product. commercially authorized fisheries and Response: NMFS has reviewed the their associated gear types that are the Mexico gear types cited by the commenters. source of fish and fish products However, individual instances of Comment 18: The NGOs provide exported to the United States. While entanglement and mortality or information about the unauthorized use NMFS will continue to update and entanglement and release are, by of other gear types within the hand lines revise the LOFF in consultation with themselves, insufficient to justify fishery and the hand operated pole-and- nations, commenters should not assume reclassifying a fishery as an export line fishery for Pacific sierra and Gulf that all commercial fishing operations fishery. Exempt fisheries are not weakfish. operating within a nation export fish required to have zero bycatch. An Response: The LOFF contains only and fish products to the United States exempt fishery means a foreign those commercial fishing operations and should, therefore, be included on commercial fishing operation authorized by the harvesting nation to the LOFF. Fish and fish products determined by the Assistant fish and export fish and fish products to harvested by fisheries and retained for Administrator to be the source of the United States. 50 CFR 18.3 defines domestic consumption are not included exports of commercial fish and fish a commercial fishing operation as the on the LOFF. products to the United States and to lawful harvesting of fish from the have a remote likelihood of, or no marine environment for profit as part of Peru known, incidental mortality and serious an on-going business enterprise. This Comment 20: NGOs identified two injury of marine mammals in the course does not include sport-fishing activities, shark longline fisheries with marine of commercial fishing operations. The whether or not they are carried out by mammal interactions, and cited fisheries the commenters cite are charter boat or otherwise, or whether or instances where small cetacean meat analogous to Category III fisheries in the not the fish so caught are subsequently was used as bait. They also noted that United States. Moreover, all exempt and sold. Regulations at 50 CFR 229.2 also a shark driftnet fishery had interactions export fisheries are required to report define a commercial fishing operation as with several marine mammal species. marine mammal incidental mortality the catching, taking, or harvesting of Additionally, the commenters listed and serious injury. In the event that fish from the marine environment (or three fisheries, which they acknowledge NMFS determines that an exempt other areas where marine mammals have no record of exports to the United fishery has more than a remote occur) that results in the sale or barter States, as being omitted from the LOFF likelihood of incidental mortality and of all or part of the fish harvested. The (porbeagle longlines, Peruvian weakfish serious injury of marine mammals in the term includes licensed commercial purse seines, red mullet gillnets). course of commercial fishing operations, passenger fishing vessel activities (as Response: The LOFF for Peru that fishery will be reclassified as export defined in section 216.3 of 50 CFR 216) includes shark fisheries using driftnets, fishery. and aquaculture activities. Per the longlines, and gillnets. Each fishery is application of these two definitions, the listed as interacting with marine Comments on Specific Nation Bycatch LOFF contains export and exempt mammals. Peru continues to investigate Comment 17: The NGOs provided fisheries that are engaged in the lawful and quantify its marine mammal charts for each nation within the Draft and authorized commercial harvest of bycatch in its fisheries. With regard to 2020 LOFF ‘‘Comments on Specific fish from the marine environment. the use of small cetaceans for bait, Nation Bycatch.’’ The charts list Additionally, fish and fish products Peru’s laws prohibit the intentional products from particular nation’s from nations that do not seek to include killing, sale, or consumption of marine fisheries that the NGOs believe are unauthorized fisheries under the LOFF mammals. When documentary evidence imported into the United States. or that do not seek a Comparability indicates that a nation is not effectively Response: The fish and fish product Finding for an unauthorized fishery and enforcing its regulatory measures related information provided by the products from a fishery without a to the intentional or incidental mortality commenters lack a reference to specific Comparability Finding, are inadmissible or serious injury of marine mammals in trade documentation for either the under the MMPA Import Provisions. the course of commercial fishing exporting nation or the United States as Comment 19: NGOs identified the operations, NMFS will use the MMPA the importing nation. NMFS assumes following fisheries as being omitted Import Provisions to consult and that the commenters used United States from Mexico’s LOFF: Bigeye croaker/ possibly reconsider any Comparability trade data and attempted (based on chano gillnet; sole gillnet; California Finding. Regarding the three fisheries unspecified assumptions) to link such halibut bottom set gillnets; rooster hind claimed to be missing from the LOFF, products to fisheries either on, or bottom set gillnets; Pacific jack we note that these fisheries are not on omitted from, the LOFF as the source of mackerel; yellowfin tuna purse seine; the LOFF because fisheries that do not those fish and fish products. NMFS has and herring purse seine. export products to the United States are taken a more rigorous approach to Response: NMFS investigated and not included on the LOFF. identify the source fisheries for fish and determined that the species listed above Comment 21: NGOs noted a fishery fish products. NMFS has worked with are included on the LOFF and harvested for rays, flounder, lobster, and smooth nations to identify the target and either with the gear types listed or other hound caught with bottom set nets was associated non-target species for each gear types. Fish can be harvested with omitted from the LOFF for Peru.

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Response: Currently, rays are on the India fisheries, and the products harvested by LOFF for Peru as an export fishery, as Comment 24: NGOs highlight the this gear-type are typically retained for rays are caught in the shark driftnet significant bycatch in gillnets for tuna domestic consumption. Fisheries only fishery. Lobster is on the intermediary and tuna-like species of spinner dolphin harvesting fish and fish products that product list. Flounder have not been (Stenella longirostris), Indo-Pacific are retained for domestic consumption exported to the United States since bottlenose dolphin (Tursiops aduncus), are not on the LOFF. All species 2005, and, therefore, are not included long-beaked common dolphin harvested by shore seines can be found on the LOFF. Nevertheless, NMFS will (Delphinus capensis), Indo-Pacific on the LOFF as they are also harvested consult with Peru regarding this fishery. humpbacked dolphin (Sousa chinensis), by other gear types in fisheries that do Risso’s dolphin (Grampus griseus), and export products. Scad are found on the Ecuador LOFF as ‘‘Carangids nei’’ and are listed dolphins unspecified. Comment 22: NGOs stated that the Response: NMFS is aware of this as being caught by handlines, longlines, issue of marine mammal-baited FADs bycatch and recent literature that further and gillnet gears, and listed as has recently emerged as a threat to the elaborates on the extent of gillnet interacting with finless porpoise. conservation of marine mammals in bycatch in Indian Ocean tuna fisheries. Spain Ecuador and should be addressed. India indicated that there is no Comment 26: NGOs state that all Incidentally captured, killed, or interaction, mortality, or injury in its aquaculture in Spain is based on otherwise retrieved cetaceans and tuna gillnet fisheries with the cetaceans stocking net pens with fish obtained pinnipeds have been used as bait for listed as co-occurring with that fishery. from wild-capture harvest. The majority improvised FADs. Approximately a fifth In this case, NMFS has documentary of captured tunas are fattened over time of dead marine mammals found evidence to the contrary and will be in the farming operation. These tuna are stranded along Ecuador’s beaches were consulting with India to modify the initially captured by purse seine, which associated with FADs over the period LOFF where necessary in advance of represent more than 90 percent of the 2001 to 2017 (Castro et. al. 2020). issuing a Comparability Finding. Mediterranean catches. Most of the Response: Similar to Peru’s laws, Additionally, commenters should note catch is obtained through purse seine Ecuador’s laws prohibit the intentional that in 2016, NMFS issued a fishing on FADs, followed by capture killing, sale, or consumption of marine determination, under the Dolphin with longlines. Farmed tuna is fed mammals. When documentary evidence Protection Consumer Information Act sardine (Pilchardus spp.), Sardinela or indicates that a nation is not effectively (DPCIA), of regular and significant alacha (Sardinella spp), horse mackerel enforcing its regulatory measures related mortality and serious injury of dolphins (Trachurus trachurus), mackerel to the intentional or incidental mortality in gillnet fisheries harvesting tuna by (Scomber scombrus), starling (Scomber or serious injury of marine mammals in vessels flagged under the Government of japonicus), and cephalopods, and the course of commercial fishing India (81 FR 66625, September 28, NMFS must consider whether these operations, NMFS will use the MMPA 2016). NMFS’ determinations under the fisheries for the feed inputs to tuna Import Provisions to consult and DPCIA are based on review of scientific farms have interactions with marine possibly reconsider any Comparability information and, when available, mammals. Finding. Nevertheless, NMFS will documentary evidence submitted by the Response: Purse seine and longline consult with Ecuador regarding this relevant government. The NMFS 2016 fisheries in the Mediterranean operating fishery. determination triggered additional under ICCAT for tuna and tuna-like documentation requirements for tuna species, including bluefin tuna, are Comment 23: NGOs claim that shark, product from those fisheries that is included as export fisheries. The MMPA tuna, marlin, and bonito gillnet fisheries exported to or offered for sale in the Import Provisions clearly state that the and a longline fishery for sharks were United States. Such tuna must be Secretary of the Treasury shall ban the not included in the LOFF for Ecuador, accompanied by a written statement importation of commercial fish or and that, for some fisheries on the executed by an observer participating in products from fish which have been LOFF, interactions with certain marine a national or international program caught (emphasis added) with mammal species are missing, such as acceptable to NMFS, in addition to a commercial fishing technology which sperm whale, bottlenose dolphin, statement by the captain of the vessel results in the incidental kill or common dolphin, pilot whales, and that certifies that no dolphins were incidental serious injury of ocean humpback whales. killed or seriously injured in the sets or mammals in excess of United States Response: NMFS disagrees. On the other gear deployments in which the standards. This provision of the MMPA LOFF for Ecuador there is a multi- tuna were caught and that contains does not give NMFS the authority to species large pelagic gillnet fishery that certain other required information regulate feed used in aquaculture includes tuna, marlin, bonito, regarding dolphin interactions and facilities by means of trade restrictions swordfish, and sharks. There is also a segregation of tuna. on the end products from those longline fishery for these target species, Comment 25: NGOs identified sardine facilities. including sharks. The species recorded purse seine fisheries interacting with as co-occurring or interacting with this finless porpoise, and identified four United Kingdom fishery include all of the species the shore seine fisheries for scad, sardine, Comment 27: NGOs noted that the commenters assert as being omitted. The snapper, mackerel, frigate tuna, and longline fisheries in the SW Atlantic fall list includes: Common bottlenose Indian prawn as also interacting with under CCAMLR monitoring and stated dolphin, common dolphin, saddleback finless porpoise. that it is not clear why the Falklands dolphin, dusky dolphin, humpback Response: On the LOFF for India, longline fishery for toothfish is an whale, killer whale/orca, offshore sardines are harvested by purse seines exempt fishery, whereas the United pantropical spotted dolphin, pygmy and gillnets, both of which are listed as Kingdom South Georgia longline fishery sperm whale, sea lion unspecified, interacting with finless porpoise. for toothfish is an export fishery. Marine sperm whale, and pilot whale Regarding the shore seine fisheries, mammal mortality in the United unspecified. these fisheries are likely small-scale Kingdom South Georgia fishery is rare

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(four incidents reported since 2007), but should be possible to provide some entangled with mortalities since 2010. there is no reason to think the Falklands estimates based on the observed bycatch The NGO commenters noted that a 2019 fishery would necessarily have a lower rates and days at sea. news report indicated that some 20 risk. Response: The commenters will note dolphins were found dead in purse Response: NMFS reviewed the that, in the 2020 final LOFF, the United seine nets that were set for anchoveta. toothfish fisheries operating under Kingdom updated or provided vessel Additionally, for small pelagic purse CCAMLR and moved those fisheries to numbers for the multispecies demersal seine nets for common sardines the exempt category, because those gillnet fishery. Further, this comment (Strangomera bentincki), anchovy fisheries have a remote likelihood of, or provides conflicting information. The (Engraulis ringens) and horse mackerel no known documented evidence of, commenters state that, in order to (Trachurus murphyi) (Valparaı´so and interacting with marine mammals. The estimate bycatch, vessel numbers must Los Lagos Region and the area between toothfish fisheries operating under be known, but in the Atlantic cod gillnet Arica and Parinacota Region and the CCAMLR that remain on the export list fishery the commenters acknowledge Antofagasta Region), observers reported are those fisheries with a documented that bycatch estimates could be derived captures of southern sea lions (Otaria history of marine mammal interaction or from other units of effort, including flavascens), dusky dolphins an unknown level of marine mammal days at sea. The latter is correct: the (Lagenorhynchus obscurus), common interaction if the nation failed to number of vessels is not required to dolphins (Delphinus delphis) and provide such information. NMFS will estimate total bycatch so long as there bottlenose dolphins (Tursiops revisit these fisheries, particularly the is some unit of effort that reflects fishing truncatus). United Kingdom South Georgia Island effort in the fishery. The United Response: NMFS is aware of the 2019 toothfish longline fisheries, at the time Kingdom continues to update its purse seine mortality and has been in of application for the Comparability bycatch estimates, including estimates consultation with Chile to ensure that Finding and review information of total bycatch from observed fisheries. the bycatch is reflected in the LOFF. provided by nations on the interaction Comment 29: The NGOs note that, in Additionally, Chile is working to levels between marine mammals and the seabass bottom pair trawl fishery, implement both electronic monitoring these fisheries and re-assess the status of stranding data identify a potential and observer programs. Chile is also these fisheries at that time. population level impact for common analyzing observer data to provide Fisheries for toothfish not listed as dolphin in this fishery, in combination bycatch estimates for these fisheries. operating within the CCAMLR with other fisheries in the region. Iceland Convention Area and being subject to Response: NMFS agrees, and is in the conservation measures of CCAMLR, continuing discussions on this matter Comment 32: NGOs note that most of are evaluated based on the nation’s with nations. the LOFF listings for Iceland list the regulatory program in place for that number of vessels as ‘‘unknown.’’ fishery. Many nations have Norway However, all Icelandic vessels are implemented observer requirements and Comment 30: NGOs note that the blue registered and assigned quotas, and the adhere to CCAMLR conservation and swimming crab, European lobster, and Directorate of Fisheries maintains a management measures and catch Norwegian lobster pot/trap fisheries publicly accessible list of allowed catch documentation requirements for all pose an entanglement risk to large and catches by species by individual toothfish catch, regardless of whether whales, and that humpback whales, licensed vessels (as well as total allowed the catch is from the Convention Area specifically, should be listed as catch and catches). Therefore, the or that nation’s exclusive economic interacting with the Norwegian lobster number of vessels should be easily zone (EEZ). Regarding the United pot/trap fishery. The commenters also provided. Kingdom South Georgia Island fishery, state that the zero reported Response: NMFS has conferred with this fishery is not recorded as operating entanglement rates are not reliable, Iceland regarding the licensing of within the CCAMLR area and the area given recent studies which report large Icelandic fishing vessels and the best of operation provided for this fishery whale entanglement. way to accurately reflect Iceland’s does not fully correspond to South Response: Minke and humpback fisheries in the LOFF, given the nature Georgia Island. NMFS will follow up whales are included as having a co- of the individual transferable quota with the United Kingdom to make sure occurrence risk in all three fisheries. Fin system. As noted by the commenters, this fishery is recorded correctly for the whales are included in all of these Icelandic fishing vessel information is purposes of a Comparability Finding. fisheries but the Norwegian lobster pot/ publicly available from the Icelandic Comment 28: In the Atlantic halibut trap fishery. NMFS recognizes the Directorate of Fisheries. However, a gillnet fishery and turbot trammel net possible under-estimation of marine direct count of the vessels landing catch fishery, NGOs noted that estimates of mammal bycatch in pot/trap gear and would lead to an over-representation of bycatch are given but the number of the challenges of attributing large whale total Icelandic vessels, as Icelandic vessels is not given. The commenters entanglement to specific pot fisheries in vessels are authorized to switch gear, assert that, to estimate bycatch, the instances where large whales become transfer quota, and fish in multiple number of vessels must have been entangled and swim away with the gear, areas. NMFS, in consultation with estimated. They also assert there are or in instances where gear that is Iceland, agreed that leaving the vessel other fisheries affecting the same retrieved from a whale does not allow number empty (with some fishery cetacean populations that need to be identification to a specific fishery. exceptions) was the best path forward to taken into account; therefore, it is capture all of the relevant fisheries important to correctly identify the Chile information, given the multi-species and vessels involved with this fishery. Comment 31: NGOs noted that, for the multi-gear nature of many Icelandic Similarly, the commenters note that, in purse seine fishery for anchoveta on the fisheries. the Atlantic cod fishery and the herring northern coast of Chile (Arica, Iquique, Comment 33: NGOs note that in the sardine gillnet fishery, the number of Tocopilla, and Mejillones), short-beaked blue mussel aquaculture operations only vessels is given but bycatch is unknown; common dolphins and South American humpback whales are listed as co- however, with the current data, it sea lions have been reported as occuring with the fishery. However, a

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2015 paper by Madeline Young Response: In 2018, NMFS, as part of net fisheries are exempt fisheries and included interviews with mussel its evaluation of the 2017 draft LOFF, some are export fisheries. farmers around Iceland and noted that changed the New South Wales eastern Response: Ring net fisheries are humpback whales, minke whales, and rock lobster trap from export to exempt; predominantly classified as exempt. harbor porpoises were most frequently this fishery now uses an at-call acoustic Those ring nets/purse seine nets sighted. Long-finned pilot whales, orcas, release system (Galvanic Time Release operating under the conservation and and white beaked dolphins were also (GTR)) that submerges the headgear of management measures of the WCPFC reported by separate respondents. Four the trap and has been effective in and the non-encirclement provisions of respondents were aware of cetaceans eliminating large whale entanglements that RFMO are listed as exempt. The swimming through, or very close (83 FR 11703, March 16, 2018). ring net fishery for bonitos and mackerel (within 50 m) to, their mussel operation, Comment 37: NGOs note that in New potentially has marine mammal bycatch and there was a known harbor porpoise Zealand there are many Danish seine associated with it and is therefore entanglement in 1998, indicating fisheries classified as exempt. The classified as an export fishery. commenters highlight that in a recent potential concern. Comments on Other Nations’ Export ecological risk assessment the Response: NMFS notes this Fisheries information and will consult with Australian fishery management Comment 40: NGOs state that the Iceland to determine whether any authority identified one species, the western rock lobster pot/trap fishery in modification to the list of co-occurring Australian fur seal, as at risk from Australia is listed as export, and marine mammals is necessary. Danish seine fishing. The commenters humpback whales are noted in marine Comment 34: NGOs highlight that further note that the populations of these species are in the proximity of mammal interactions/mortality, but no pelagic purse seine and trawl fisheries numbers are given. for herring have known co-occurrences Danish seine operations in the Commonwealth Trawl Sector, and, Response: NMFS cannot identify the and bycatch for a number of species fishery that the commenters are despite the lack of information in the considering the susceptibility of seals to this method of fishing, Australia has referring to; however, there is an LOFF. Species include humpback Australian spiny lobster (Panulirus whales, minke whales, bottlenose adopted a code of practice to minimize interaction with seals in this fishery cygnus), Chaceon geryons nei (Chaceon dolphins, Atlantic white-sided spp), Champagne crab (Hypothalassia dolphins, and killer whales. In 2008, an (https://www.afma.gov.au/ fisheriesmanagement/methods-andgear/ armata), Red rock lobster (Jasus Icelandic herring trawler hauled a danish-seine). The commenters then edwardsii), Tasmanian giant crab minke whale on board. assume that Danish seines in New (Pseudocarcinus gigas) pot/trap fishery Response: Co-occurrence information Zealand pose a similar level of risk. that interacts with humpback whales. is important for nations who may not Response: NMFS classified Danish NMFS recognizes the possible under- have information about marine mammal seine fisheries as exempt based on the estimation of marine mammal bycatch bycatch. However, this is not the remote likelihood of marine mammal in pot/trap gear and the challenges of situation in Iceland. NMFS has focused bycatch, because of a lack of attributing large whale entanglement to discussions with Iceland on those documented interactions with marine specific pot fisheries in instances where marine mammal species with mammals. Danish seines are actively large whales become entangled and documented interactions and mortality fished and can easily accommodate best swim away with the gear, or in with fisheries. practices for marine mammal bycatch instances where gear retrieved from a Other Nations’ Exempt Fisheries mitigation or release, reducing the whale does not allow identification to a likelihood of marine mammal bycatch. specific fishery. Comment 35: NGOs asked why tuna The exceptions are Danish seine Comment 41: NGOs state that all purse seine fisheries authorized by fisheries with documentary evidence of estimates of bycatch are zero for German Indonesia (operating under the Indian marine mammal interactions, which fisheries operating in the Baltic, which Ocean Tuna Commission (IOTC) and the NMFS classified as export. NMFS does does not seem correct. They assert that Western and Central Pacific Fisheries not have data indicating that New the 2018 reports from ICES indicate that Commission (WCPFC)), by Italy Zealand Danish seines have more than there is harbour porpoise bycatch in the (operating under the IOTC), and by a remote likelihood of marine mammal Baltic Sea fisheries. South Korea (operating under IOTC and incidental mortality and serious injury Response: The only fisheries on the WCPFC) are exempt fisheries. and therefore require reclassification as LOFF for Germany indicated as Response: NMFS has classified these an export fishery. operating in the Baltic Sea and purse seine fisheries as exempt because Comment 38: NGOs state that the exporting to the United States are those they are operating in fisheries managed Norwegian longline fishery for bluefin for Atlantic herring (Clupea harengus) by RFMOs and in compliance with tuna may be a risk, even if no bycatch midwater pair trawls, and midwater conservation and management measures has been reported to date. trawls (not specified), and purse seines, prohibiting the intentional encirclement Response: In 2018, as part of its in the German EEZ, (FAO:27 Atlantic of marine mammals by a purse seine. evaluation of the 2017 draft LOFF, Northeast), subareas 27.3.a, 27.3.b.23, NMFS has determined that where purse NMFS changed the Norwegian longline 27.3.c.22, 27.3.d.24. We have no seine vessels do not intentionally set on and purse seine tuna fisheries to information indicating that harbor marine mammals, the likelihood of exempt. NMFS based this determination porpoise are captured in these trawl and marine mammal bycatch is generally on information Norway submitted to seine fisheries. remote. ICCAT. From 2014 through 2017 there Comment 42: NGOs indicate that, on Comment 36: NGOs asked why some was no reported or observed bycatch of the LOFF for Italy, pair trawling for crab and lobster traps/pots are exempt. marine mammals in the tuna longline/ anchovy is listed as export, but no The commenters noted that some New purse seine fisheries (83 FR 11703, information on marine mammal South Wales lobster trap/pot fisheries March 16, 2018). interactions/mortality is associated with are exempt, despite some past evidence Comment 39: NGOs state that in the this fishery. In other areas (e.g., English of humpback whale entanglements. Philippines it is not clear why some ring Channel bass fishery) pair trawling has

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a high bycatch rate of common its traceability data collection Other Comments dolphins. capabilities under the Seafood Import Comment 47: One environmental Response: First, these pair trawls are Monitoring Program (SIMP) to enforce organization notes that if a fishery or for a different target species and operate the MMPA Import Provisions. The fishery sector is not captured in the in a different area than the example that commenter urged NMFS to fully LOFF, it is the responsibility of that the commenters cite. Assumptions that integrate the MMPA Import Provisions fishery or country to ensure that it is bycatch is the same across oceans, gear with SIMP to prevent this and other included in the next iteration of the types, and target species are not valid. forms of circumvention that will surely LOFF rather than to ask for flexibility. NMFS continues to work with nations develop once the MMPA Import Any ad hoc flexibility creates incentive to ensure that the marine mammals that Provisions take effect. to reclassify or recategorize fisheries and co-occur with that fishery and any Response: NMFS continues to work segments of fisheries to avoid bycatch of those marine mammals is with other U.S. trade programs, offices, regulation. This flexibility will create a recorded in the IAICRS. and partner agencies to confirm the scenario in which NMFS is behind the Comment 43: NGOs indicate that for accuracy of trade data and verify active issue rather than leading with the firm Netherland fisheries on the LOFF all seafood import streams for harvesting requirements of the law. Future LOFF bycatch estimates are zero. The nations and intermediary products. Data reviews will provide regular commenters assert this is not correct for available for the thirteen species and porpoises in the North Sea. species groups subject to SIMP has been opportunity for corrections and Response: The Netherlands undertook used to assist in identifying additions, but the agency should not significant revisions to its information intermediary nations. Trade data allow for any variance once the LOFF is provided for the LOFF, including collected under SIMP is protected, and finalized. Response: NMFS will work with adding bycatch estimates. NMFS urges its usage to help verify intermediary nations to ensure the accuracy of the the commenters to review the LOFF for products under the MMPA Import LOFF, and to ensure that the LOFF the Netherlands in the final 2020 LOFF. Provisions is conducted according to the reflects a nation’s fishery management Comment 44: Industry commenters Trade Secrets Act (18 U.S.C. 1905) and noted the need for NMFS to examine the the confidentiality of information regime and its authorized fisheries. Comment 48: One environmental Canadian pelagic longline fishery. requirements under Magnuson-Stevens organization states that countries that do Commenters note that this fishery most Act 16 U.S.C. 1881a(b). certainly interacts with some of the Comment 46: One environmental not participate in the LOFF process same transboundary marine mammal group notes that the MMPA Import despite ample opportunity to do so stocks (e.g., longfin pilot whales) as the Provisions complement and strengthen should not be given special U.S. fleet, and the commenters have the current SIMP requirements to ensure consideration or expedited serious doubts that the Canadian that species with high risk of being from consideration outside of the regular government has implemented a marine illegal, unreported, and unregulated LOFF process. The commenter further mammal conservation regulatory (IUU) fisheries or seafood products that states that harvesting nations should not program that is comparable in are mislabeled are not sold in the receive waivers, exemptions or effectiveness to that of the United United States. The commenter states exceptions to the requirements of the States. The commenters strongly urge that the documentation requirements of Marine Mammal Import Provisions and NMFS to carefully examine the SIMP will complement the MMPA should be denied the ability to import comparability of the Canadian marine Import Provisions in preventing non- fish and fish products into the United mammal regulatory program through the compliant seafood from entering the States until those countries demonstrate implementation of the MMPA Import U.S. market. NMFS should discuss the compliance through the LOFF process. Provisions. overlap between SIMP and the MMPA Response: After January 1, 2022, all Response: NMFS agrees and will Import Provisions, how the two nations and fisheries exporting to the evaluate these fisheries which interact programs enhance one another, and the United States must be on the LOFF and with transboundary stocks of marine effect of expansion of SIMP must have received a Comparability mammals currently included under the requirements on MMPA enforcement. Finding for those fisheries. There are no Pelagic Longline Take Reduction Plan in The commenter encouraged NMFS to exemptions or waivers. There are accordance with the MMPA Import consider expanding the requirements of procedures for obtaining a Provisions. SIMP to include all seafood as a means Comparability Finding for new foreign to enforce the MMPA Import Provisions. commercial fishing operations wishing MMPA and the Seafood Import Response: NMFS routinely verifies to export to the United States (50 CFR Monitoring Program exports to the United States as part of 216.24 (h)(8)(vi)). Comment 45: Industry expressed its ongoing consultations with nations References concern that it will be difficult for as well as consultations with relevant NMFS to fully and accurately identify trade programs to identify supply chains Castro, C., Van Waerebeek, K., Ca´rdenas, D., all intermediary nations in the LOFF, subject to the MMPA Import Provisions. & Alava, J. J. (2020). Marine mammals used as bait for improvised fish and to fully and accurately identify the At this time, NMFS is focused on aggregating devices in marine waters of fisheries from which intermediary effective implementation of SIMP in its Ecuador, eastern tropical Pacific. nations’ exports originate in order to current form. Expansion of SIMP to Endangered Species Research, 41, 289– determine if those fisheries meet the include additional species would 302. U.S. comparability standards. Failure to require a full rulemaking process, which CCAMLR. 2015a. Krill fishery report 2015. do so would very seriously undermine allows for public input from U.S. and D’agrosa, Caterina, C.E. Lennert-Cody, and O. the effectiveness of the MMPA Import foreign stakeholders. Enhancing the Vidal. 2000 Vaquita Bycatch in Mexico’s Provisions by providing a major enforcement of the MMPA Import Artisanal Gillnet Fisheries: Driving a Small Population to Extinction. loophole for those high seas fisheries to Provisions would be considered in Conservation Biology Vol 14 1110–1119 escape application of the U.S. determining whether, how and when to Dawson, S.M., S. Northridge, D. Waples, and comparability standards. To prevent expand the species scope of SIMP A.J. Read. (2013) To ping or not to ping: this, the commenter urged NMFS to use through a full rulemaking process. the use of active acoustic devices in

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mitigating interactions between small proposing a revision of a currently (4) how might the Department enhance cetaceans and gillnet fisheries. approved collection. the quality, utility, and clarity of the Endangered Species Research Vol. 19 DATES: Interested persons are invited to information to be collected; and (5) how 201–221. might the Department minimize the FAO. 2018. Report of the Expert Workshop submit comments on or before on Means and Methods for Reducing December 7, 2020. burden of this collection on the Marine Mammal Mortality in Fishing ADDRESSES: To access and review all the respondents, including through the use and Aquaculture Operations Rome, 20– documents related to the information of information technology. Please note 23 March 2018 collection listed in this notice, please that written comments received in IUCN. 2008. Arctocephalus gazella: Hofmeyr, use http://www.regulations.gov by response to this notice will be G.: The IUCN Red List of Threatened searching the Docket ID number ED– considered public records. Species 2014: e.T2058A45223888. 2020–SCC–0159. Comments submitted Koschinski, S. & Strempel, R. (2012): Title of Collection: Student Assistance in response to this notice should be Strategies for the Prevention of Bycatch General Provision—Subpart I— of Seabirds and Marine Mammals in submitted electronically through the Immigration Status Confirmation. Federal eRulemaking Portal at http:// Baltic Sea Fisheries. ASCOBANS AC19/ OMB Control Number: 1845–0052. Doc.4–17 (S). 19th ASCOBANS Advisory www.regulations.gov by selecting the Committee Meeting, Galway, Ireland, Docket ID number or via postal mail, Type of Review: Revision of a 20–22 March. 69 pp.; Herr, H., Siebert, commercial delivery, or hand delivery. currently approved collection. U. & Benke, H. (2009b): Stranding If the regulations.gov site is not Respondents/Affected Public: Private numbers and bycatch implications of available to the public for any reason, harbor porpoises along the German ED will temporarily accept comments at Sector; State, Local, and Tribal Baltic Sea coast. Document AC16/Doc.62 [email protected]. Please include the Governments; Individuals or (P). 16th ASCOBANS Advisory docket ID number and the title of the Households. Committee Meeting, Brugge, Belgium, information collection request when Total Estimated Number of Annual 20–24 April 2009. ASCOBANS, Bonn. 3 requesting documents or submitting pp.). Responses: 81,572. SCAR EGS. 2004. Scientific Committee on comments. Please note that comments Total Estimated Number of Annual submitted by fax or email and those Antarctic Research Expert Group on Burden Hours: 10,197. Seals (SCAR EGS): Scientific Committee submitted after the comment period will for Antarctic Research—Expert Group on not be accepted. Written requests for Abstract: This request is for approval Seals Report. information or comments submitted by of a revision of the reporting Skora, K.E., Kuklik, I. (2003) Bycatch as a postal mail or delivery should be requirements currently in the Student potential threat to harbor porpoises addressed to the Director of the Strategic Assistance General Provisions, 34 CFR (Phocoena phocoena) in Polish Baltic Collections and Clearance Governance 668, Subpart I. This subpart governs the waters. NAMMCO Scientific and Strategy Division, U.S. Department Immigration-Status Confirmation, as Publications 5: 303–315. of Education, 400 Maryland Ave. SW, authorized by section 484(g) of the Vanhatalo, J., Vetemaa, M., Herrero, A., Aho, LBJ, Room 6W208D, Washington, DC Higher Education Act of 1965, as T., Tiilikainen, R. 2014.) By-catch of grey 20202–8240. seals (Halichoerus grypus) in Baltic amended (HEA) (20 U.S.C. 1091). The fisheries—a Bayesian analysis of FOR FURTHER INFORMATION CONTACT: For regulations may be reviewed at 34 CFR interview survey. Plos One. specific questions related to collection 668, Subpart I. The regulations are Vinther (1999, Bycatches of harbor porpoises activities, please contact Beth necessary to determine eligibility to (Phocoena phocoena L.) in Danish set- Grebeldinger, (202) 377–4018. receive program benefits and to prevent net fisheries. J. Cetacean Res. Manage. 1: SUPPLEMENTARY INFORMATION: The fraud and abuse of program funds. This 123–135.) Department of Education (ED), in collection updates the usage by Dated: October 2, 2020. accordance with the Paperwork individuals and schools. While the Christopher Wayne Oliver, Reduction Act of 1995 (PRA) (44 U.S.C. regulations refer to a secondary Assistant Administrator, National Marine 3506(c)(2)(A)), provides the general confirmation process and completion of Fisheries Service. public and Federal agencies with an the paper G–845 form these processes [FR Doc. 2020–22290 Filed 10–7–20; 8:45 am] opportunity to comment on proposed, are no longer in use. DHS/USCIS BILLING CODE 3510–22–P revised, and continuing collections of replaced the paper secondary information. This helps the Department confirmation method with a fully assess the impact of its information electronic process, SAVE system and collection requirements and minimize the use of the Third Step Verification DEPARTMENT OF EDUCATION the public’s reporting burden. It also Process. In April 2018, Federal Student helps the public understand the [Docket No. ED–2020–SCC–0160] Aid transitioned from the DHS–USCIS Department’s information collection paper Form G–845 (for third step Agency Information Collection requirements and provide the requested verification) to an electronic process via Activities; Comment Request; Student data in the desired format. ED is DHS’ SAVE system. soliciting comments on the proposed Assistance General Provision— Dated: October 2, 2020. Subpart I—Immigration Status information collection request (ICR) that Confirmation is described below. The Department of Kate Mullan, Education is especially interested in PRA Coordinator, Strategic Collections and AGENCY: Office of Federal Student Aid, public comment addressing the Clearance, Governance and Strategy Division, Department of Education (ED). following issues: (1) Is this collection Office of Chief Data Officer, Office of ACTION: Notice. necessary to the proper functions of the Planning, Evaluation and Policy Department; (2) will this information be Development. SUMMARY: In accordance with the processed and used in a timely manner; [FR Doc. 2020–22218 Filed 10–7–20; 8:45 am] Paperwork Reduction Act of 1995, ED is (3) is the estimate of burden accurate; BILLING CODE 4000–01–P

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