39762 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices

Cash deposit Exporter 15 rate in effect Federal Register notice (%)

Sao Ta Foods Joint Stock Company, aka Fimex VN, aka Sao Ta Seafood Factory, aka Saota 4.78 AR10 Final Results. Seafood Factory. Thong Thuan Company Limited, aka Cong Ty Tnhh Thong Thuan ...... 4.78 AR10 Final Results. Thuan Phuoc Seafoods and Trading Corporation, aka Thuan Phuoc Corp., aka Frozen Seafoods 4.78 AR10 Final Results. Factory No. 32, aka Seafoods and Foodstuff Factory, aka Seafoods and Foodstuff Factory Vietnam, aka My Son Seafoods Factory. UTXI Aquatic Products Processing Corporation, aka UT XI Aquatic Products Processing Corpora- 4.78 AR11 Final Results. tion, aka UTXI Aquatic Products Processing Company, aka UT XI Aquatic Products Processing Company, aka UTXI Co. Ltd., aka UTXI, aka UTXICO, aka Hoang Phuong Seafood Factory, aka Hoang Phong Seafood Factory. Viet Foods Co., Ltd., aka Nam Hai Foodstuff and Export Company Ltd ...... 4.78 AR10 Final Results. Vietnam Clean Seafood Corporation, aka Vina Cleanfood ...... 4.78 AR10 Final Results. Viet Hai Seafood Co., Ltd., aka Vietnam Fish One Co., Ltd., aka Fish One ...... 4.78 AR11 Final Results. Viet I-Mei Frozen Foods Co., Ltd ...... 4.78 AR10 Final Results.

There have been no subsequent SUMMARY: NMFS is publishing its draft Instructions: Comments sent by any administrative reviews completed for List of Foreign Fisheries (LOFF) for other method, to any other address or the below-listed non-individually 2017, as required by the regulations individual, or received after the end of examined company that qualified for a implementing the Fish and Fish Product the comment period, may not be separate rate and is subject to this Import Provisions of the Marine considered. All comments received are litigation; thus, the cash deposit rate of Mammal Protection Act (MMPA). The a part of the public record and will 6.94 percent, as recalculated in Remand draft LOFF reflects available generally be posted for public viewing II, applies for this exporter. information on marine mammal on www.regulations.gov without change. interactions in commercial fisheries All personal identifying information Cash deposit exporting fish and fish products to the (e.g., name, address, etc.), confidential Exporter rate in effect United States. NMFS has classified each business information, or otherwise (%) commercial fishery included in the draft sensitive information submitted BIM Seafood Joint Stock LOFF into one of two categories based voluntarily by the sender will be Company ...... 6.94 upon frequency and likelihood of publicly accessible. NMFS will accept incidental mortality and serious injury anonymous comments (enter ‘‘N/A’’ in Notification to Interested Parties of marine mammals that is likely to the required fields if you wish to remain occur incidental to each fishery. anonymous). Attachments to electronic This notice is issued and published in Fisheries are classified as either exempt comments will be accepted in Microsoft accordance with sections 516A(e)(1), or export. The classification of a fishery Word, Excel, or Adobe portable 751(a)(1), and 777(i)(1) of the Act. on the draft and final LOFF will document file (PDF) formats only. Dated: August 15, 2017. determine which regulatory NMFS will consider all comments Gary Taverman, requirements will be applicable to that and information received during the Deputy Assistant Secretary for Antidumping fishery to enable the nation to receive a comment period in preparing a final and Countervailing Duty Operations, comparability finding necessary to LOFF. NMFS will also seek input from Performing the Non-exclusive Functions and export fish and fish products to the nations on the draft LOFF at bilateral Duties of the Assistant Secretary for United States from that particular and multilateral meetings, as Enforcement and Compliance. fishery. The draft LOFF can be found at appropriate. [FR Doc. 2017–17629 Filed 8–21–17; 8:45 am] www.nmfs.noaa.gov/ia/species/marine_ mammals/mmpaloff.html. FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–DS–P Nina Young, NMFS F/IASI at DATES: Written comments must be [email protected] or 301–427– received by 5 p.m. Eastern Time on 8383. DEPARTMENT OF COMMERCE October 23, 2017. ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: In August National Oceanic and Atmospheric on this document, identified by NOAA– 2016, NMFS published a final rule (81 Administration NMFS–2017–0084, by either of the FR 54390; August 15, 2016) [Docket No. 170706630–7630–01] following methods: implementing the fish and fish product 1. Electronic Submissions: Submit all import provisions (section 101(a)(2)) of RIN 0648–XF538 electronic comments via the Federal e- the Marine Mammal Protection Act Rulemaking Portal. Go to (MMPA). This rule established Fish and Fish Product Import www.regulations.gov/ conditions for evaluating a harvesting Provisions of the Marine Mammal #!docketDetail;D=NOAA-NMFS-2017- nation’s regulatory programs to address Protection Act List of Foreign 0084, click the ‘‘Comment Now!’’ icon, incidental and intentional mortality and Fisheries complete the required fields and enter serious injury of marine mammals in AGENCY: National Marine Fisheries or attach your comments. fisheries operated by nations that export Service (NMFS), National Oceanic and 2. Mail: Submit written comments to: fish and fish products to the United Atmospheric Administration (NOAA), Director, Office of International Affairs States. Commerce. and Seafood Inspection, Attn: MMPA Under this rule, fish or fish products List of Foreign Fisheries, NMFS, F/IASI, cannot be imported into the United ACTION: Notice of availability; request for comments. 1315 East-West Highway, Silver Spring, States from commercial fishing MD 20910. operations, which result in the

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incidental mortality or serious injury of all fisheries, in order to receive a affected by an export fishery, NMFS marine mammals in excess of United comparability finding under this may use its emergency rulemaking States standards. Such fish and fish program, the harvesting nation must authority to institute an import ban on products from export and exempt prohibit intentional killing of marine these products. fisheries identified by the Assistant mammals in the course of commercial How will NMFS classify a fishery if a Administrator for Fisheries in the LOFF fishing operations in the fishery or can only be imported into the United demonstrate that it has procedures to harvesting nation does not provide States if the harvesting nation has reliably certify that exports of fish and information? applied for and received a comparability fish products to the United States were In instances where information on the finding from NMFS. The rule not harvested in association with the commercial fishing operations and the established procedures that a harvesting intentional killing or serious injury of frequency and likelihood of bycatch in nation must follow and conditions it marine mammals. a fishery has not been provided by the must meet to receive a comparability What do the classifications of ‘‘exempt nation or is not readily available, NMFS finding for a fishery. The rule also fishery’’ and ‘‘export fishery’’ mean? may determine whether a fishery is an established provisions for intermediary exempt or export fishery by evaluating nations to ensure that such nations do The classifications of ‘‘exempt the fishery using information such as not import and re-export to the United fishery’’ or ‘‘export fishery’’ determine fishing techniques, gear used, methods States fish or fish products that are the criteria that a particular nation’s used to deter marine mammals, target subject to an import prohibition. fishery must meet to receive a species, seasons and areas fished, comparability finding for that fishery. A What is the List of Foreign Fisheries? qualitative data from logbooks or fisher comparability finding is required for reports, stranding data, the species and Based on information provided by both exempt and export fisheries, but distribution of marine mammals in the nations, industry, the public, and other the criteria differ. area, or other factors. readily available sources, NMFS has The criteria for an exempt fishery to identified nations with commercial receive a comparability finding are As anticipated, information on the fishing operations that export fish and limited only to those conditions related frequency or likelihood of interactions fish products to the United States and to the prohibition of intentional killing or bycatch in most foreign fisheries was has classified each of those fisheries or injury of marine mammals (see 50 lacking or incomplete. In the absence of based on their frequency of marine CFR 216.24(h)(6)(iii)(A)). To receive a such information, NMFS used the mammal interactions as either ‘‘exempt’’ comparability finding, export fisheries, information noted above to classify or ‘‘export’’ fisheries (see definitions must comply with those criteria and fisheries, which may include drawing below). The entire list of these export also maintain regulatory programs analogies to similar U.S. fisheries and and exempt fisheries, organized by comparable in effectiveness to the U.S. gear types interacting with similar nation (or subsidiary jurisdiction), regulatory program for reducing marine mammal stocks. Where no constitutes the LOFF. incidental marine mammal bycatch (see analogous fishery or fishery information 50 CFR 216.24(h)(6)). exists, NMFS classified the commercial Why is the LOFF important? fishing operation as an export fishery Under the MMPA, the United States What is the five-year exemption period? until such time as information comes prohibits imports of commercial fish or NMFS included a five-year exemption available to properly classify the fishery. fish products caught in commercial period (which began 1 January, 2017) in NMFS may reclassify a fishery if a fishing operations resulting in the this process to allow foreign harvesting harvesting nation provides, during the incidental killing or serious injury nations time to develop, as appropriate, comment period, reliable information to (bycatch) of marine mammals in excess regulatory programs comparable in reclassify the fishery or such of United States standards (16 U.S.C. effectiveness to U.S. programs at information is readily available to 1371(a)(2)). NMFS published reducing marine mammal bycatch. NMFS in the course of preparing a regulations implementing these MMPA During this exemption period, NMFS, revised LOFF. import provisions in August 2016 (81 based on the final LOFF, and in Instructions to Nations Reviewing the FR 54390, August 15, 2016). The consultation with the Secretary of State, Draft LOFF regulations apply to any foreign nation will consult with harvesting nations with fisheries exporting fish and fish with commercial fishing operations In the LOFF, the vast majority, 3272 products to the United States, either identified as export or exempt fisheries fisheries, are classified as export directly or through an intermediary for purposes of notifying the harvesting fisheries in accordance with 50 CFR nation. nation of the requirements of the 216.24(h)(3) and 216.3. To ensure the The LOFF is an integral part of the MMPA. NMFS will continue to urge appropriate classification of their process for implementing the import harvesting nations to gather information fisheries, nations should review the provisions of the MMPA. As described about marine mammal bycatch in their LOFF at www.nmfs.noaa.gov/ia/species/ below, the LOFF lists foreign commercial fisheries to inform the next marine_mammals/mmpaloff.html commercial fisheries that export fish draft and final LOFF. NMFS will re- together with this Federal Register and fish products to the United States evaluate foreign commercial fishing notice carefully and submit detailed and that have been classified as either operations and publish a notice of comments on their commercial fishing ‘‘export’’ or ‘‘exempt’’ based on the availability of the draft for public and processing operations. In this frequency and likelihood of interactions comment, and a notice of availability of Federal Register notice, NMFS provides or incidental mortality and serious the final revised LOFF in the Federal detailed information on the information injury of marine mammal. A harvesting Register the year prior to the expiration reviewed to create the LOFF, the criteria nation must apply for and receive a of the exemption period (2020). used to classify a fishery as exempt or comparability finding for each of its If, during the five-year exemption export, and the assumptions made to export and exempt fisheries to continue period, the United States determines determine such classifications based on to export fish and fish products from that a marine mammal stock is the information submitted or found those fisheries to the United States. For immediately and significantly adversely readily available.

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If a nation or entity wishes to Instructions for Reviewing Gear Type fisheries that do not pose the same level advocate for a change in the and Operational Areas of risk. classification of a fishery, the nation or Instructions for High Seas Fisheries entity should provide detailed In developing the LOFF, NMFS divided the fisheries by gear type Operating Within a Regional Fishery information about the fishery, Management Organization, summaries of observer or logbook data, because certain gears are documented as posing a greater risk of having marine Intergovernmental Agreement, or Access information on analogous fisheries Agreement where marine mammal bycatch may or mammal bycatch than others. may not occur, and detailed Subdividing fishery information in this NMFS attempted to identify fisheries documentary evidence to support its manner may not account for the actual that are operating within a convention claims, including, whenever possible, or estimated number of vessels. Nations area of a regional fishery management peer-reviewed data on marine mammal should review the number of vessels organization (RFMO) or are associated bycatch and impacts of bycatch to licensed to fish with a particular gear with an intergovernmental agreement. marine mammal population abundance. type and provide comments or revised NMFS requests that nations identify NMFS recommends that nations make estimates of vessels licensed to fish with which fisheries are operating or specific edits in the appropriate column that gear type. authorized under an RFMO or to the draft LOFF and provide Some fisheries in the LOFF are likely intergovernmental agreement and references and supporting information. multi-species fisheries but are currently provide information on conservation classified separately by fish species. If a and management measures that Instructions for Freshwater and Inland fishery listed has multiple target species specifically govern the bycatch of Fisheries (e.g., demersal fish or large pelagics) and marine mammals in that organization. Fisheries that occur solely in fresh is represented more than once on the This information will further assist in water outside any marine mammal LOFF, nations should consider the classification of fisheries and habitat, and inland aquaculture consolidating those fisheries to determinations related to future operations, are exempt from this rule. If accurately reflect the multi-species comparability findings. any such fisheries have been included nature of that fishery. For example, cod Many nations have access agreements in the LOFF, nations should indicate and haddock fisheries that are classified with other nations that permit them to such fisheries and provide the necessary separately can be designated as fish within the EEZ or territorial waters documentary evidence so NMFS can multispecies groundfish fishery of another nation (see annex on global remove them from the LOFF as (including cod, haddock, etc.). NMFS tuna catch and access agreements in appropriate. encourages nations to aggregate those supporting documents at fisheries that are listed separately into a www.nmfs.noaa.gov/ia/species/marine_ Instructions for Data Sets Listed as broader fishery designation, as mammals/mmpaloff.html). ‘‘None Provided’’ appropriate, and provide NMFS with a In most cases, nations did not provide information distinguishing between Many nations either did not provide list of fish species that are captured in vessels permitted to fish in their own information or provided incomplete that fishery and its operational details territorial waters from their national information. Where no information was (e.g., coastal pelagic gillnet fishery). vessels fishing in distant waters under provided, NMFS labelled that data set as NMFS also urges nations to group or some type of access agreement. NMFS ‘‘none provided.’’ Nations are strongly list fisheries, not based on the product strongly encourages nation to identify encouraged to provide that information exported but on the actual target species which fisheries are operating under during the public comment period. In of the fishery. If an exported fish or fish access agreements in distant waters or particular, NMFS is lacking information product is not a target of a fishery but within the EEZ of another nation and for many fisheries on gear type, area of rather is a bycatch of that fishery, the reporting requirements for such operation, marine mammal species that nations should note that information. fisheries. a fishery may encounter or entangle as NMFS prefers avoiding consolidating bycatch, and bycatch estimates for many gear types together due to the different Instruction for Nations That Are species. This information is critical for risk gear types pose to marine mammals, Processing Fish and Fish Products properly classifying the fishery. When but would consider aggregating fisheries For the purposes of identifying no information was provided, NMFS by target species or area, based on a intermediary nations (discussed below), used other readily available information nation’s recommendations. if a nation exports a fish or fish product to define a fishery. Nations are urged to NMFS separated fisheries into to the United States for which it is only review both information supplied by the specific areas of operation. Our the processor, and the fish in that nation or discovered by NMFS, experience indicates that marine product is harvested elsewhere, NMFS especially those nations that did not mammal bycatch can differ depending strongly encourages nations or other provide information or provided on a fishery’s area of operation and its entities to identify those products and incomplete information. overlap with marine mammal the source fisheries and nations for NMFS also urges nations to provide populations. NMFS urges nations to those products. Providing this the area of operation for both wild- review the area of operation listed for information will result in NMFS re- caught fisheries and aquaculture each fishery and aggregate fisheries of classifying a nation as an intermediary operations for all the fisheries listed. It the same gear type into larger areas of nation for that specific fish or fish is particularly important for nations to operation (e.g., encompassing more bays product. provide information on the location of or management zones) where aquaculture operations (e.g., open appropriate. NMFS recommends Instructions for Fisheries With No ocean, lagoon, or pond) and the type of avoiding collapsing areas into larger Specific Target Species aquaculture operation (e.g., pens, cages, management areas unless it is Nations will note that there are or lines); without this information, appropriate to do so and would not products for which NMFS has been NMFS cannot properly classify an result in a fishery with marine mammal unable to find information (e.g., gear aquaculture operation. bycatch disadvantaging one or more type and area of operation), and there

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are fisheries that have been documented Definitions LOFF as either exempt or export in the literature as having marine fisheries are deemed to be export What is a ‘‘comparability finding?’’ mammal bycatch associated with a fisheries until a revised LOFF is posted, nation and gear type but for which no A comparability finding is a finding unless the harvesting nation provides target species of fish or fish products by NMFS that the harvesting nation for the Assistant Administrator with was identified. NMFS urges nations to an export or exempt fishery has met the information to properly classify the provide the information that is lacking applicable conditions specified in the foreign commercial fishing operation. and as much detail as possible about the regulations (see 50 CFR 216.24(h)) The Assistant Administrator may also fishery, its operational characteristics, subject to the additional considerations request additional information from the and its interactions with marine for comparability findings set out in the harvesting nation, as well as consider mammals, including applicable regulations. A comparability finding is other relevant information about such references. required for a nation to export fish and commercial fishing operations and the fish products to the United States. In frequency of incidental mortality and Instructions for Which Fisheries Should order to receive a comparability finding serious injury of marine mammals, to be Included in the LOFF for an export fishery, the harvesting properly classify the foreign commercial NMFS urges nations to examine their nation must maintain a regulatory fishing operation. exports to the United States over the last program with respect to that fishery that decade and include all fisheries which is comparable in effectiveness to the What is the definition of an ‘‘exempt have, are, or may in the future be the U.S. regulatory program for reducing fishery?’’ source of fish and fish products incidental marine mammal bycatch. The definition of exempt fishery can exported to the United States. To ensure This may be met by maintaining a be found in the implementing that no fisheries are overlooked in this regulatory program that includes regulations for section 101(a)(2) of the process, nations should be as inclusive measures that are comparable, or that MMPA (see 50 CFR 216.3). NMFS as possible. Nations or other entities effectively achieve comparable results, considers ‘‘exempt’’ fisheries to be should provide all the documentation to the regulatory program under which functionally equivalent to Category III and applicable references necessary to the analogous U.S. fishery operates. fisheries under the U.S. regulatory support any proposed modifications to program (see definitions at 50 CFR What is the definition of an ‘‘export the fisheries in the LOFF. Providing 229.2). The definition of an exempt fishery?’’ such information will ensure an fishery is summarized below. accurate classification of each fishery in The definition of export fishery can be NMFS defines an exempt fishery as a the final LOFF and avoid requiring a found in the implementing regulations foreign commercial fishing operation nation to develop a regulatory program for section 101(a)(2) of the MMPA (see determined by the Assistant for a fishery classified as an export 50 CFR 216.3). NMFS considers Administrator to be the source of fishery because the nation failed to ‘‘export’’ fisheries to be functionally exports of commercial fish and fish provide information. equivalent to Category I and II fisheries products to the United States that have under the U.S. regulatory program (see a remote likelihood of, or no known, Instructions for Non-Nation Entities definitions at 50 CFR 229.2). The incidental mortality and serious injury NMFS welcomes the input of the definition of an export fishery is of marine mammals in the course of public, non-governmental organizations, summarized below. commercial fishing operations. A and scientists. These entities can NMFS defines ‘‘export fishery’’ as a commercial fishing operation that has a provide critical information about foreign commercial fishing operation remote likelihood of causing incidental marine mammal bycatch in global determined by the Assistant mortality and serious injury of marine fisheries and efforts to mitigate such Administrator to be the source of mammals is one that, collectively with bycatch. NMFS requests that when such exports of commercial fish and fish other foreign fisheries exporting fish entities comment on the LOFF, they products to the United States that have and fish products to the United States, provide as much detail and supporting more than a remote likelihood of causes the annual removal of: documentary evidence as possible. incidental mortality and serious injury (1) Ten percent or less of any marine While there are references in the of marine mammals in the course of its mammal stock’s bycatch limit, or literature to marine mammal bycatch in commercial fishing operations. (2) More than ten percent of any certain foreign fisheries, it may be that Where reliable information on the marine mammal stock’s bycatch limit, fish and fish products originating from frequency of incidental mortality and yet that fishery by itself removes one those fisheries are not exported to the serious injury of marine mammals percent or less of that stock’s bycatch United States (e.g., artisanal or coastal caused by the commercial fishing limit annually, or fisheries for domestic consumption). operation is not provided by the (3) Where reliable information has not NMFS would like to receive information harvesting nation, the Assistant been provided by the harvesting nation on which fish and fish products are Administrator may determine the on the frequency of incidental mortality exported to the United States and the likelihood of incidental mortality and and serious injury of marine mammals frequency of marine mammal serious injury as more than remote by caused by the commercial fishing interactions or bycatch in those evaluating information concerning operation, the Assistant Administrator fisheries. factors such as fishing techniques, gear may determine whether the likelihood used, methods used to deter marine of incidental mortality and serious Further Direction and Instructions mammals, target fish species, seasons injury is ‘‘remote’’ by evaluating NMFS urges all nations and all and areas fished, qualitative data from information such as fishing techniques, stakeholders to review the criteria, logbooks or fisher reports, stranding gear used, methods to deter marine assumptions, and global classifications data, the species and distribution of mammals, target fish species, seasons that follow in this Federal Register marine mammals in the area, or other and areas fished, qualitative data from notice, to more completely understand factors. logbooks or fisher reports, stranding the classifications and rationale in the Commercial fishing operations not data, the species and distribution of LOFF. specifically identified in the current marine mammals in the area, or other

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factors at the discretion of the Assistant Second, in December 2016 NMFS network data, fisher self-reports, and the Administrator. notified in writing each nation with information referenced in the definition A foreign fishery will not be classified commercial fishing or processing of exempt and export fishery (see above as an exempt fishery unless the operations that export fish or fish or 50 CFR 216.3). products to the United States to request Assistant Administrator has reliable How often will NMFS revise the List of that within 90 days of notification, by information from the harvesting nation, Foreign Fisheries? or other information to support such a April 1, 2017, the nation submit finding. information about commercial fishing or NMFS has developed this draft LOFF processing operations. NMFS included and intends to publish a notice of the Developing the 2017 Draft List of in that notification a list of fish and fish availability of the final LOFF in the Foreign Fisheries products imported into the United Federal Register by January 1, 2018. How is the List of Foreign Fisheries States from that nation during the past NMFS will re-evaluate foreign organized? several years. commercial fishing operations and For commercial fishing operations, publish a notice of availability of the NMFS organized the LOFF by NMFS requested information on the draft for public comment, and a notice harvesting nation (or subsidiary number of participants, number of of availability of the final revised LOFF jurisdiction), then exempt fisheries, vessels, gear type, target species, area of in the Federal Register the year prior to export fisheries, and export fisheries operation, fishing season, and any the expiration of the exemption period with no information. The fisheries listed information regarding the frequency of (2020). NMFS will revise the final contain defining factors including marine mammal incidental mortality LOFF, as appropriate, and publish a geographic location of harvest, gear- and serious injury, including programs notice of availability in the Federal type, target species or a combination to assess marine mammal populations Register every four years thereafter. In thereof. The LOFF also includes a list of or bycatch. NMFS also requested that revising the list, NMFS may reclassify a the marine mammals that interact with nations submit copies of any laws, fishery if new, substantive information each commercial fishing operation, decrees, regulations, or measures to indicates the need to re-examine and where known, and, when available, reduce incidental mortality and serious possibly reclassify a fishery. After indicates the level of incidental injury of marine mammals in their publication of the LOFF, if a nation mortality and serious injury of marine commercial fishing operations or wishes to commence exporting fish and mammals in each commercial fishing prohibit the intentional killing or injury fish products to the United States from operation. of marine mammals. a fishery not on the LOFF, that fishery What sources of information did NMFS NMFS also evaluated information will be classified as an export fishery use to classify the commercial fisheries submitted by the nations and the public until the next LOFF is published and included in the draft LOFF? in response to Federal Register Notice will be provided a provisional (82 FR 2961, January 10, 2017) seeking comparability finding for a period not to NMFS reviewed and considered information on foreign commercial exceed twelve months. If a harvesting documentation provided by nations; the fishing operations that export fish and nation can provide the reliable public; and other sources of fish products to the United States and information necessary to classify the information, where available, including the frequency of incidental and commercial fishing operation at the time fishing vessel records; reports of on- intentional mortality and serious injury of the request for a provisional board fishery observers; information of marine mammals in those fisheries. comparability finding or prior to the from off-loading facilities, port-side expiration of the provisional How did NMFS determine which species government officials, enforcement, comparability finding, NMFS will transshipment vessel workers and fish or stocks are included as incidentally or classify the fishery in accordance with importers; government vessel registries; intentionally killed or seriously injured the definitions. The provisions for new RFMOs or intergovernmental agreement in a fishery? entrants are discussed in the regulations documents, reports, national reports, The LOFF includes a list of marine implementing section 101(a)(2) of the and statistical document programs; mammal species and/or stocks MMPA (see 50 CFR 216.24(h)(8)(vi)). appropriate catch certification incidentally or intentionally killed or programs; Food and Agricultural injured in a commercial fishing How can a classification be changed? Organization (FAO)documents and operation. The list of species and/or To change a fishery’s classification, profiles; and published literature and stocks incidentally or intentionally nations or other interested stakeholders reports on commercial fishing killed or injured includes ‘‘serious’’ and must provide observer data, logbook operations with intentional or ‘‘non-serious’’ documented injuries and summaries, or reports that specifically incidental mortality and serious injury interactions with fishing gear, including indicate the presence or absence of of marine mammals. NMFS has used interactions such as depredation. marine mammal interactions, quantify these sources of information and any NMFS reviewed information such interactions wherever possible, other readily available information to submitted by nations and readily provide additional information on the classify the fisheries as ‘‘export’’ or available scientific information location and operation of the fishery ‘‘exempt’’ fisheries to develop the LOFF. including co-occurrence models (e.g., nearshore in less than three meters demonstrating distributional overlap of of water), details about the gear type and How did NMFS obtain the information the commercial fishing operations and how it is used, maps showing the used to classify fisheries included in the marine mammals to determine which distribution of marine mammals and the draft LOFF? species or stocks to include as operational area of the fishery; First, NMFS identified imports of fish incidentally or intentionally killed or information regarding marine mammal and fish products by nation using the seriously injured in or interacting with populations and the biological impact of U.S. foreign trade database for a fishery. NMFS also reviewed, when that fishery on those populations, and/ commercial fisheries imports found at: available, injury determination reports, or any other documentation that clearly http://www.st.nmfs.noaa.gov/ bycatch estimation reports, observer demonstrates that a fishery is either an commercial-fisheries/foreign-trade/. data, logbook data, disentanglement export or exempt fishery.

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The Intersection of the LOFF and Other shrimp and shrimp products to the U.S. and international fisheries or gear Statutes Certifying Bycatch United States, regardless of whether types; and (3) overarching they are certified under this provision, classifications, evaluation of gears and What is the relationship between the must also comply with the MMPA fishing operations and their risk of MMPA import rule, the LOFF, and the import rule, be included on the LOFF, marine mammal bycatch (see section affirmative finding process and below for further discussion). Published yellowfin tuna purse seine fisheries in and have a comparability finding. scientific literature provides numerous the eastern tropical Pacific Ocean? Nations in compliance with the MMPA import rule, but not certified under risk assessments of marine mammal Dolphin (family Delphinidae) Public Law 101–162, cannot export bycatch in fisheries, routinely using incidental mortality and serious injury wild-caught shrimp to the United States. these approaches to estimate marine in eastern tropical Pacific yellowfin mammal mortality rates, identify tuna purse seine fisheries are covered by Classification Criteria, Rationale, and information gaps, set priorities for section 101(a)(2)(B) and Title III of the Process Used To Classify Fisheries conservation, and transfer technology MMPA (16 U.S.C. 1371(a)(2)(B) and 16 Process When Incidental Mortality and for deterring marine mammals from gear U.S.C. 1411–1417), implemented at 50 Serious Injury Estimates and Bycatch and catch. Findings from the most CFR 216.24(a)–(g). Nations must still Limits Are Available recent publications cited in this Federal comply with those provisions and Register notice, often demonstrate level receive an affirmative finding in order to If estimates of the total incidental of risk by location, season, fishery, and export tuna to the United States. Tuna mortality and serious injury were gear. A summary of the information purse seine fishing vessels fishing for available and a bycatch limit calculated used to support the designations tuna with a carrying capacity of 400 for a marine mammal stock, NMFS used described below is available in the short tons or greater that are governed the quantitative and tiered analysis to annotated bibliography and the by the Agreement for the International classify foreign commercial fishing expanded LOFF with references and Dolphin Conservation Program (AIDCP) operations as export or exempt fisheries comments, at www.nmfs.noaa.gov/ia/ are not included in the LOFF, and are under the category definition within 50 species/marine_mammals/ not required to apply for and receive a CFR 229.2 and the procedures used to mmpaloff.html. comparability finding. Purse seine categorize U.S. fisheries as Category I, II, vessels under 400 short tons and vessels or III, at http://www.nmfs.noaa.gov/pr/ Co-Occurrence Evaluation using all other gear types operating in interactions/lof/. The co-occurrence of marine mammal the eastern tropical Pacific must comply Process When Only Incidental Mortality populations with a commercial fishing with the MMPA import rule. These and Serious Injury Estimates Were operation can be a measure of risk. fisheries are included in the LOFF and Available NMFS evaluated, when available, the must apply for and receive a distribution and spatial overlap of comparability finding. In the majority of cases, however, marine mammal populations and NMFS either did not receive any commercial fishing operations to What is the intersection of the U.S. information or found that the determine whether the probability for shrimp certification program (Section information provided was incomplete, marine mammal interactions or bycatch 609 of Pub. L. 101–162) with the MMPA lacking detail regarding marine mammal in that fishery is more than remote. import rule? interactions, and lacking quantitative Resources that NMFS used to consider Section 609 of Public Law 101–162 information on the frequency of co-occurrence include OBIS–SEAMAP (‘‘Sec. 609’’) prohibits imports of certain interactions. Where nations provided http://seamap.env.duke.edu/, http:// categories of shrimp unless the estimates of bycatch (incidental or www.hsi.org/assets/pdfs/mapping_ President annually certifies to the intentional mortality or serious injury) marine_mammals.pdf and http://www. Congress by May 1, 1991, and annually or NMFS found estimates of bycatch in conservationecologylab.com/uploads/1/ thereafter, that either: (1) The harvesting published literature, national reports, or 9/7/6/19763887/lewison_et_al_ nation has adopted a program governing through other readily available sources, 2014.pdf. Additional sources in peer the incidental taking of sea turtles in its NMFS classified the fishery as an export reviewed literature that provide commercial shrimp fishery comparable fishery if the information indicated that documentation of co-occurrence are to the program in effect in the United there was a likelihood that the mortality Komoroske & Lewison 2015; FAO 2010; States and has an incidental take rate and serious injury was more than Watson et al. 2006; Read et al., 2006; comparable to that of the United States; remote. The code or designation in the Reeves et al., 2004. The code or or (2) the particular fishing environment LOFF for the determination ‘‘presence designation for ‘‘co-occurrence’’ is of the harvesting nation does not pose of bycatch’’ is recorded as ‘‘P’’ in the recorded as ‘‘C/O’’ in the LOFF. a threat of the incidental taking of sea LOFF. turtles. On May 1, 2017, the Department Analogous Gear Evaluation of State certified that 13 shrimp- Alternative Approaches When Estimates Where a nation did not provide harvesting nations and four fisheries of Marine Mammal Bycatch Are documentation or information was not have a regulatory program comparable Unavailable readily available on the amount of to that of the United States governing Because bycatch estimates were marine mammal bycatch in a fishery or the incidental taking of the relevant lacking for most fisheries, NMFS relied the co-occurrence, NMFS classified a species of sea turtles in the course of on three considerations to assess the fishery as exempt or export by analogy commercial shrimp harvesting and that likelihood of bycatch or interaction with to similar U.S. or international fisheries the particular fishing environments of marine mammals, including: (1) Co- and gear types interacting with similar 26 shrimp-harvesting nations, one occurrence, the spatial and seasonal marine mammal stocks. NMFS economy, and three fisheries do not distribution and overlap of marine consulted the United States’ domestic pose a threat of the incidental taking of mammals and fishing operations; (2) MMPA List of Fisheries when covered sea turtles in the course of such analogous gear, evaluation of records of classifying by analogy international harvesting (83 FR 21295 May 5, 2017). bycatch and assessment of risk, where fisheries http://www.nmfs.noaa.gov/pr/ All nations exporting wild-caught such information exists, in analogous interactions/fisheries/2017_list_of_

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fisheries_lof.html. NMFS also evaluated mammal species interacting with a Longlines other relevant information including, fishery or estimates of marine mammal Because the available information but not limited to: Fishing techniques, bycatch. indicates that there is a likelihood that gear used, methods used to deter marine Overarching Classifications the mortality and serious injury caused mammals, target fish species, seasons by longlines is more than remote, NMFS and areas fished, qualitative data from Below is a discussion of the classified all longline fisheries as export logbooks or fisher reports, stranding overarching fishery classifications of fisheries. U.S. longline fisheries, which data, the species and distribution of gillnets, longlines, purse seines, trawls, are analogous to some fisheries marine mammals in the area, or other and aquaculture, and their interactions considered in the LOFF, have been factors. The code or designation for the with marine mammals. categorized as Category I fisheries under determination ‘‘analogous gear’’ is the MMPA. recorded as ‘‘A/G’’ in the LOFF. Gear Gillnets In longline fisheries, hooking, types commonly used in U.S. fisheries, Because the available information entanglement, and boat strikes account such as longline, gillnet, purse seine, for some mortality and serious injury, indicates that there is a likelihood that trawl, and pot/trap, were identified as but not all interactions or depredation the mortality and serious injury caused ‘‘analogous gear’’ in the justification may have this result. Interactions of by gillnets is more than remote, NMFS section of the LOFF. Gear types not marine mammals with longline fisheries commonly used in U.S. waters, such as has classified all gillnet fisheries as are likely to be under-reported (Clarke Danish seine, ring nets, lift nets or large export fisheries in the draft LOFF. 2014). Though not as great a threat for pound nets off Southeast Asia, however, Several U.S. gillnet fisheries, which are cetaceans globally as compared with could not be compared to an analogous analogous to some fisheries considered other gear types, longline bycatch is a gear or fishery in the United States. in the LOFF, have been categorized as threat to several species and Classification in the Absence of Category I fisheries under the MMPA. populations, including false killer Information Records show that between 1990 and whales (Pseudorca crassidens), Risso’s 2011, bycatch in gillnets continues to dolphin (Grampus griseus), and pilot When no analogous gear, fishery, or affect many dolphins (odontocetes); fishery information existed, or whales (Globicephala spp.) in the namely 56 of the 74 recognized species Northwest Atlantic (Werner 2015). insufficient information was provided (75%) have been bycaught in gillnets by the nation, and information was not Killer whales (Orcinus orca) and sperm (Reeves et al. 2013). Additionally, readily available, NMFS classified the whales (Physeter macrocephalus) records indicate that nine species of the commercial fishing operation as an appear to be the main species involved 14 recognized species of whales have export fishery per the definition of with demersal longline fisheries at ‘‘export fishery’’ at 50 CFR 216.3. These been bycaught in gillnets. For seals and higher latitudes, while false killer fishing operations will remain classified sea lions, 14 of the 18 extant species of whales (Pseudorca crassidens) and pilot as export fisheries until the harvesting phocid seals were captured in gillnets; whales (Globicephala spp.) appear to be nation provides the reliable information and of the 14 species of otariid seals and the primary species involved with necessary to classify properly the sea lions (including one extinct species), pelagic longline fisheries at lower fishery or, in the course of revising the seven have been bycaught in gillnets latitudes (Hamer 2012). LOFF, such information becomes (Reeves et al. 2013). Since 1990, marine In a 2010 bycatch workshop with tuna readily available to NMFS. The code or mammal bycatch in gillnets has RFMOs, the FAO found that progress on designation for the determination ‘‘no increased and consistently poses a quantifying tuna RFMO fishery impacts information’’ is recorded as ‘‘N/I’’ in the significant risk to marine mammals on marine mammal populations and LOFF. (Reeves et al. 2013). In particular, related progress in mitigating or Lewison et al. (2014) found that gillnets reducing the mortality has been slow, Multiple Codes and Additional Terms in for finfish have high bycatch intensity because the priority for fishers is the the LOFF in various fishing regions of the world. adoption of measures to reduce or In some cases, NMFS recorded International and regional marine eliminate depredation and gear damage multiple codes as the rationale for a mammal and fishery management (FAO 2010). In tuna longline fisheries, which represent a significant portion of fishery classification. For example, organizations such as ACCOBAMS fisheries that export seafood to the NMFS may have received insufficient (2008), ASCOBANS (2009), CMS (2011), United States, cetaceans are information from a nation, still lacks FAO (2000), ICES (2013), IOTC (2014), occasionally entangled and hooked. Any information in some columns, yet and IWC (2004) have conducted entanglement could be mitigated by the classified the fishery by analogy. In that workshops, collected information, and instance, the codes used to classify the use of voluntary or mandated best published findings documenting the fishery would be: ‘‘N/I, A/G.’’ practices to avoid bycatch by the tuna high risk gillnets pose to marine Additional terms in the LOFF include fishing industry; however, to date, the mammals. ‘‘none provided,’’ ‘‘no information,’’ and application of such techniques has been ‘‘none documented’’. ‘‘None provided’’ Based on the available information, limited (Gilman 2011). indicates the nation did not provide NMFS has designated all gillnet Only through an evaluation of the information and no information could fisheries as export fisheries. Nations bycatch rate and a determination of be found through research and literature wishing to challenge this designation overall risk of bycatch associated with searches. ‘‘None documented’’ indicates must provide observer or logbook data longline fishing can definitive case-by- that neither the nation nor reference sufficient to refute this determination. case classifications be made for longline material have documented interactions When possible, NMFS requests nations fisheries. NMFS invites nations who are with marine mammals either through provide documentation that parties and cooperating non-parties to observers or logbooks. ‘‘No information’’ demonstrates that a gillnet fishery poses RFMOs to join us in urging their indicates that the nation provided a remote likelihood of incidental respective RFMOs to undertake, as a information but did not specifically mortality and serious injury to marine research priority, such a risk assessment provide information on the marine mammals. and analyze logbook and observer data

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to analyze the marine mammal bycatch areas of jurisdiction are designated as operations for which nations submitted risk posed by longline fisheries. export fisheries. Tuna fisheries within information as exempt fisheries unless NMFS designated all longline the jurisdiction of RFMOs lacking there is a record of entanglement or fisheries as export fisheries. Nations measures that prohibit intentional intentional killing in such aquaculture wishing to challenge this designation encirclement are export fisheries. Tuna operations. Because the MMPA import must provide observer or logbook data fisheries within the jurisdiction of rule applies to aquaculture facilities sufficient to refute this determination. RFMOs with measures that prohibit sited in marine mammal habitat, where When possible, NMFS requests that intentional encirclement are exempt deterrence measures (e.g., anti-predator nations provide documentation that fisheries, unless information submitted nets) may incidentally or intentionally demonstrates that a longline fishery by nations or readily available scientific kill and seriously injury marine poses a remote likelihood of incidental information shows that the fishery has mammals, NMFS evaluated an array of mortality and serious injury to marine more than a remote likelihood of aquaculture operations, some of which mammals. incidental mortality and serious injury have no analogous operations or Purse Seines of marine mammals in the course of its characteristics to operations in the commercial fishing operations. Nations United States. Aquaculture operations Because the available information wishing to challenge these designations for finfish (especially salmon), indicates that there is a likelihood that must provide observer or logbook data mollusks, seaweed, and other species the mortality and serious injury caused sufficient to refute this determination. are proliferating globally. Since 1990, by purse seines is more than remote, When possible, NMFS requests nations annual production of salmonid farms NMFS classified several types of purse provide documentation that has increased from 299,000 to 1,900,000 seine fisheries as export fisheries. Purse demonstrates that purse seine gear in a tons (FAO 2012), and accompanying seine gear is documented to have particular fishery poses a remote this expansion has been an increase in marine mammal bycatch globally likelihood of incidental mortality and conflicts with marine mammals, (Anderson 2014, Hall 2013, NOAA Tech serious injury to marine mammals. especially pinnipeds. Pinniped Memo 2011). A portion of tuna exported depredation is a major problem at many Trawl to the United States is captured with aquaculture facilities in Europe, Chile, purse seines, documented to have Because the available information Australia, and South Africa (Kemper et marine mammal bycatch (Anderson indicates that there is a likelihood that al. 2003). Some nations use anti- 2014, Gilman 2011, IOTC 2010). Marine the mortality and serious injury caused predator nets as a deterrent. mammal interactions have been by trawl fisheries is more than remote, In some aquaculture operations, documented in purse seine fisheries NMFS classified several types of trawl bycatch of marine mammals in anti- other than those for tuna, including fisheries as export fisheries. U.S. trawl predator nets occurs occasionally, anchovy (Gonzales 2015), sardine fisheries with marine mammal bycatch, although direct killing, harassment, and (Prajith 2014), and small scale coastal which are analogous to some fisheries exclusion from preferred habitat may fisheries for various species (Mustika, considered in the LOFF have been pose more serious problems for marine 2014, Kiszka 2008). categorized as Category II fisheries mammal populations (Kemper et al. Purse seine fisheries for tuna are, with under the MMPA. 2003). Fatal entanglements of some exceptions, managed through Trawl fisheries, including bottom, odontocetes in aquaculture anti- RFMOs according to agreements entered mid-water, and pelagic trawls, have predator nets appear to be infrequent; into by member nations. Five tuna been documented to globally interact however, dolphin deaths in such nets RFMOs manage fisheries in the with marine mammals (Peltier et al. have been reported from salmon and Southern Ocean, Indian Ocean, Eastern 2016, Komoroske & Lewison 2015, Read tuna facilities in Australia and Chile Tropical Pacific, Western and Central 2014, Brown 2014). Pinnipeds are more (Kemper et al. 2003). Pacific, and Atlantic. Only three RFMOs likely to be entangled in industrial pair Literature documenting marine have adopted measures to mitigate and pelagic trawl fisheries (Machado mammal interactions and the risk of marine mammal bycatch in purse seine 2015, Lobao-Tello et al. 2013). ICES marine mammal interactions with fisheries or prohibit entirely the (2010) has identified pelagic trawl nets aquaculture equipment, or fish cages is intentional encirclement of marine as posing a risk of cetacean bycatch. lacking. For net pens and fish cages, the mammals with purse seines. Northridge et al. (2011) documented most damaging marine mammal Specifically, the Inter-American bycatch of harbor porpoises, bottlenose interactions are with pinnipeds, while Tropical Tuna Commission serves as the dolphins, common dolphins, pilot dolphins, porpoises and whales are secretariat for the International Dolphin whales, minke whales, grey and harbor viewed as a minor threat. Dolphins have Conservation Program; the Indian Ocean seals in mid-water and pair trawl been documented feeding on wild fish Tuna Commission prohibits members fisheries in the North Atlantic. Trawl attracted to marine fish farms off Italy from intentionally setting on cetaceans; bycatch intensity was found to be higher but were not reported to predate the and the Western and Central Pacific in certain regions (Lewison et al. 2014). caged fish (Dı´az Lo´pez et al. 2005). In Fisheries Commission also prohibits Nations wishing to challenge that a five-year study of Italian sea bass, sea intentionally setting on schools designation must provide observer or bream, and meagre cages, Dı´az Lo´pez associated with cetaceans, and requires logbook data sufficient to refute this (2012) observed individually identified reasonable steps to ensure safe release of determination. When possible, NMFS dolphins to assess patterns of habitat marine mammals. The International requests nations provide documentation use and farm fidelity. Dolphins near Commission for the Conservation of that demonstrates that a trawl fishery farms typically foraged on wild fish Atlantic Tunas and the Commission for poses a remote likelihood of incidental concentrated in the farm but also fed on the Conservation of Southern Bluefin mortality and serious injury to marine discarded or escaping fish during Tuna do not prescribe marine mammal mammals. harvesting operations. Annual dolphin conservation measures. mortality was 1.5 per year, and five NMFS designated most non-tuna Aquaculture animals were found entangled in nets purse seine fisheries as export fisheries. Based on the available information, during the study period. The potential Purse seine fisheries outside tuna RFMO NMFS has designated most aquaculture for marine mammals to become

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entangled and drown in farm structures habitat or interacting with marine • handline or lines is a concern (Wu¨ rsig and Gailey mammals, are prohibited from the • harpoon 2002). From surveys at marine fish intentional killing or serious injury of • hook and line farms off Italy, Dı´az Lo´pez and Shirai marine mammals in the course of • pole and line (2007) estimated one bottlenose dolphin aquaculture operations or have • spearfishing mortality per month due to established procedures to reliably • aquarium collecting entanglement with farm nets. certify that exports of fish and fish • cast net Mussel aquaculture is a growing products to the United States are not the • hand collection industry, with coastal and offshore product of an intentional killing or • loop net waters being utilized for mussel serious injury of a marine mammal. • rake/tongs aquaculture farms. This form of While NMFS desires more • diving aquaculture uses ropes in the water information about the environmental By analogy, NMFS classified these column that pose an entanglement risk risk of these operations, particularly gear types as exempt in the LOFF. to marine mammals, particularly mussel rope and cage aquaculture, to whales, although the extent of the risk marine mammals and urges the industry What was the process for notification is undetermined. In 2015, a Pacific right to develop mitigation techniques to and the classification for fisheries where whale was documented entangled in, avoid potential entanglements or reduce nations failed to provide information? but successfully disentangled and their severity, the documented NMFS first informed nations of the released from, the grow-out ropes of interactions have been mostly non-life requirements of the MMPA import rule mussel farm gear in Korea (Young, threatening. Nevertheless, in developing and the process to develop the LOFF via 2015). A Bryde’s whale was entangled the LOFF, NMFS has evaluated, and a cable sent to all trading partners in in mussel spat lines off the coast of New will continue to evaluate, aquaculture September 2016. On December 21, 2016, Zealand (Lloyd 2003). A humpback calf operations on a case-by-case basis, NMFS sent a letter to the Washington, was found entangled in mussel spat- considering the operation’s measures to DC embassy of each trading partner collecting rope off Western Australia but reduce interactions, prohibit intentional officially requesting the information was disentangled and released (Groom & mortality, and reduce incidental needed to create the LOFF. The letter Coughran, 2012). Finally, a humpback mortality and serious injury of marine included explicit details about the type whale died from entanglement in single mammals (e.g., use of anti-predator nets of information needed. From March dropper spat- collectors at an and the prohibition on intentional through June 2017, NMFS followed up experimental mussel farm in northwest killing). on these requests by phone, emails, and Iceland (Young, 2015). Given this Fisheries or Gear Types Excluded From in some cases, visits to embassies in the information, the placement of This Rule or That are Generally Listed United States, requesting information on aquaculture farms in waters that are as Exempt nation’s fisheries that export to the critical habitats and migratory routes for United States. Additionally, NMFS endangered species, can increase the In the implementing regulations and searched readily available information, risk of entanglements, and in so doing the LOFF, NMFS has defined including FAO documents, in an can change the classification of the ‘‘commercial fishing operation’’ as: attempt to classify fisheries for which aquaculture operation. Vessels or entities that catch, take, or Review of the NMFS U. S. Atlantic harvest fish (as defined in section 3 of nations failed to provide sufficient and Gulf of Mexico Marine Mammal the Magnuson-Stevens Fishery information or provided no information Stock Assessments (Waring et al. 2012, Conservation and Management Act (16 at all. If nations submit information 2015) finds very few verified instances U.S.C. 1802)) from the marine during this comment period on the draft of marine mammals being injured by or environment (or other areas where LOFF, NMFS will consider this entangled in aquaculture gear. U.S marine mammals occur) that results in information when developing the final aquaculture facilities are Category III the sale or barter of all or part of the fish LOFF. fisheries, because there are no known caught, taken or harvested. The term As discussed above, NMFS classified incidental mortalities or serious injuries includes aquaculture activities that as export fisheries all fisheries from of marine mammals in these operations, interact with or occur in marine nations that failed to respond to and they are considered to have a mammal habitat. Consequently, this rule requests for information or provided remote likelihood of marine mammal does not apply to any land-based or insufficient information about a fishery interactions. Therefore, by analogy, freshwater aquaculture operations; these and for which information was not NMFS is proposing to classify all commercial fishing operations do not readily available as stipulated in the aquaculture operations for which occur in marine mammal habitat. implementing regulations defining nations provided information (or for Additionally, there are several gear export and exempt fishery (see 50 CFR which scientific information is readily types in the U.S. List of Fisheries that 216.3 Definitions of Export and Exempt available) as exempt in the LOFF, absent are consistently and broadly classified Fishery). information and evidence that a as category III fisheries with no Nations that Failed to Provide particular aquaculture operation has documented marine mammal catch (see Information more than a remote likelihood of http://www.nmfs.noaa.gov/pr/ incidental mortality and serious injury interactions/fisheries/2016_list_of_ The following nations failed to of marine mammals, NMFS is seeking fisheries_lof.html#table3_cat3). NMFS provide information on their fisheries, comment on this classification. has classified those fisheries as Category and NMFS did not find available However, NMFS has classified as export III because there are often no known information to classify their fisheries; fisheries aquaculture facilities with a incidental mortalities or serious injuries consequently, NMFS classified all these record of entanglement or a history of of marine mammals in these fisheries, nations’ fisheries as export fisheries (see intentional killing. A harvesting nation and there is a remote likelihood of 50 CFR 216.3 Definitions of Export and must demonstrate that all aquaculture marine mammal mortalities and serious Exempt Fishery). operations, regardless of their injuries given that the fishing method or • British Virgin Islands (BVI) failed to classification, sited in marine mammal gear is highly selective. These include: provide data for exports of marine fish,

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toothfish, snapper and squid. BVI maintains products from a fishery on the LOFF which they are acting as intermediary that it does not export fish and fish products and re-exports such fish or fish products nations. to the United States. to the United States. To prevent any fish • Cameroon failed to provide data for Nations That Do Not Have a Consistent or fish products subject to import exports of groundfish (cod, cusk, haddock, History of Exporting Fish and Fish prohibitions authorized by the MMPA hake, pollock, sole), mackerel, herring, snail, Products to the United States and Are mussels, oysters, crawfish, crustaceans, import rule from being imported into tilapia, and shrimp. These species may be the United States from any intermediary Not Included in the List of Foreign harvested with longlines and gillnets. nation, including a processing nation, Fisheries Indications of marine mammal bycatch in NMFS includes provisions for longlines (Werner 2014) and gillnets (Ayissi In reviewing the import data, et al. 2014) are documented; however, the intermediary nations (see 50 CFR 216.24 information submitted by nations, and target species for these gear types are not (h)(9)(iv)). NMFS requested that readily available information, NMFS identified in the literature for Cameroon. intermediary nations provide • identified twenty-five trading partners China also did not provide information, information on the fisheries and nations that either exported solely freshwater and the data readily available and used to that are the source of any imported species or had a sporadic or inconsistent classify China’s fisheries that export to the product that they process and export to United States may not accurately characterize export history with the United States. the United States. Many nations failed existing aquaculture operations, processing Table 1 summarizes the nations that to provide this information; NMFS operations, and wild-capture fisheries. NMFS has determined will not be • continues to urge them to do so. Haiti failed to provide data for exports of included in the LOFF and are not conch, coral, crab, lobster, molluscs, sea Based on the information received or subject to any of the requirements of the cucumbers, and shrimp. Haiti has not obtained, the following nations are exported fish or fish products to the United MMPA import rule. However, if any of States since 2012. solely intermediary nations: Belarus, these nations wish to export fish and Monaco, and Switzerland. Israel is fish products to the United States, they Classification for Fisheries of Nations predominantly an intermediary nation must contact NMFS and satisfy the Identified as Solely Intermediary except for the export of seaweed, tuna, requirements of the MMPA import rule. Nations and freshwater species-derived caviar. NMFS defines an intermediary nation Nations are encouraged to identify and as a nation that imports fish or fish indicate the fish and fish products for

TABLE 1—NATIONS SUGGESTED FOR REMOVAL FROM THE MMPA LOFF AND THE JUSTIFICATION FOR REMOVAL

Bolivia Justification—Landlocked nation, low level of U.S. fish imports from Bolivia. Detail—Landlocked nation. In 2006 & 2015, the U.S. imported fish and shellfish meal not for human consumption, and fish eggs only in 2006. In 2013, Bolivia exported seaweed to the U.S. http://www.st.nmfs.noaa.gov/commercial-fisheries/foreign-trade/. http://www.fao.org/fi/oldsite/FCP/en/bol/profile.htm. http://www.fao.org/fishery/facp/BOL/en. Bosnia Hercegovina Justification—Export conch (2015), grouper, snapper, and swordfish (2003). Detail—Very small amount of coastline on the Adriatic Sea. ‘‘The role of maritime areas in the total national economy is very small. There are no exact figures on the performance of the economy but it is estimated (Strategy for development of tourism of Bosnia and Herzegovina) that the GDP from the maritime area of Bosnia and Herzegovina is less than 1 percent of the total GDP of the country (Eu- ropean Commission, 2014 H).’’ Fisheries are artisanal and sold domestically or captured for domestic aquaculture. http://www.fao.org/3/a-au016e.pdf. http://www.fao.org/fishery/facp/BIH/en. Burkina Faso Justification—Landlocked; only export waxes. Detail—Have exported ‘‘waxes, may include spermaceti’’ to the U.S. in 2010, 2013, 2014, and 2016. Further consultation with NMFS Office of Science and Technology (S&T) and Customs and Border Protection (CBP) revealed that since cessation of commercial whaling and whale product imports, ‘‘waxes’’ encompasses waxes not derived from spermaceti whale oil, such as beeswax. Cayman Islands Justification—Only toothfish exports which may be an error. Detail—Consultations with S&T, CBP, and NOAA experts on the Dissostichus catch documentation scheme indicate that attribution of toothfish catch to Cayman Islands is likely a recording error of ‘‘last port’’ vs. ‘‘origin of product.’’ NMFS contacted the Caymans, and they have no records of toothfish exports. Further, the catch documentation scheme ensures that toothfish cannot enter the United States without valid catch documentation. Central African Republic (CAR) Justification—Landlocked, possible processor only. Detail—Exported processed squid in 2016, lobster, yellowfin and swordfish 2000–2001. Aquaculture for domestic use only. http://www.fao. org/3/a-au069e.pdf FAO indicates that CAR does not have an export market for fish products: Table 2. http://www.fao.org/fishery/facp/CAF/fr. Chad Justification—Landlocked; Last 17 years only product exported was thickeners derived from seaweed (2015). Detail—Landlocked, local economy produces no exports of fish for human consumption to U.S. from Chad. http://www.fao.org/fishery/facp/TCD/fr. Christmas Island, territory of Australia Justification—During the last 17 years exports have been sporadic, clam or crab in 2002, 2003, 2004, 2007, fish liver, roe 2016. Detail—Australia indicated that no export fisheries originate from Christmas Island. Cocos Island Justification—Freshwater fish exports.

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TABLE 1—NATIONS SUGGESTED FOR REMOVAL FROM THE MMPA LOFF AND THE JUSTIFICATION FOR REMOVAL— Continued Detail—Between 2000 and 2017, Cocos Island has exported tilapia once to the U.S. Australia noted hand collection of giant clam for aqua- culture and re-seeding in the waters around Cocos Island, but these products are not entering the U.S. via Cocos Island. Ethiopia Justification—Landlocked, only product exported is waxes. Detail—Consultation with NMFS S&T and CBP revealed that since cessation of commercial whaling and whale product imports, ‘‘waxes’’ encompasses wax that is not made from spermaceti whale oil, likely beeswax. Ethiopia confirmed the wax was beeswax. Ethiopian fisheries are entirely from aquaculture with limited exports. http://www.fao.org/fishery/facp/ETH/en. French Guiana Justification—Freshwater fish in 2016, no exports to the U.S. 2001–2015. Details—Rule does not apply to freshwater fisheries. Hungary Justification—Landlocked; Seaweed and other algae, historically caviar (2014). Details—Hungary has extensive inland capture fisheries, pond aquaculture, and fish farming. Carps are the most popular fish species in capture fisheries (54%) and pond aquaculture (82%) while African catfish is the dominant fish in intensive fish farming. Inland waters have high value predator species such as pikes, catfish and pike perch, which were not exported to the U.S. Given the inland nature of Hungarian fisheries, the export of seaweed is likely from inland freshwater aquaculture and fish farming and is therefore not included under this rule. Kazakhstan Justification—Landlocked; Solely freshwater fisheries, some caviar. Details—The MMPA import rule does not apply to freshwater fisheries. The last U.S. import of caviar (aquaculture) was in 2010. Aqua- culture is on the rise, but fish farming is expensive to maintain and consequently results in very few exports. ftp://ftp.fao.org/FI/DOCUMENT/fcp/en/FI_CP_KZ.pdf. Kyrgyzstan Justification—Landlocked; Oysters, canned (2004), dolphinfish and tilapia (2013), marine fish (2015). Details—In the last 17 years, U.S. importation records show imports for only the three years listed above. Import reports/records may be an error, generally there are no consistent seafood imports to the U.S. from this nation. Macedonia Justification—Landlocked; Exported fish paste in 2016. Details—Exported fish paste (2016 and 2010), and processed tuna in 2010. Their fisheries are entirely freshwater, for which the rule does not apply. ftp://ftp.fao.org/FI/DOCUMENT/fcp/en/FI_CP_MK.pdf. Mali Justification—Landlocked, main export is waxes 2003 to 2015. Details—Mali exported to the U.S. grouper and processed fish in 2009, and solely waxes were exported to the U.S. other years, with no ex- ports to the U.S. between 2015–present. ftp://ftp.fao.org/FI/DOCUMENT/fcp/fr/FI_CP_ML.pdf (in French). Moldova Justification—Landlocked; Export is aquaculture derived caviar. Details—Moldova exported tuna and caviar in 2012 and 2016, caviar only in 2015. FAO has no record of tuna or caviar harvest in Moldova: ftp://ftp.fao.org/FI/DOCUMENT/fcp/en/FI_CP_MD.pdf. It appears that most of the sturgeon caviar harvest is derived from aquaculture: http://www.aquatir.md/?lang=en (and other google searches). Mongolia Justification—Landlocked, freshwater fisheries only. Details— Mongolia exported to U.S. seaweed unfit for human consumption in 2016 (processed product). No FAO fishery profile. The MMPA import rule does not apply to freshwater inland fisheries. Monserrat Justification—freshwater aquaculture; No exports to U.S. from 2000–2017 with exception of tuna in 2012. Details—It appears that Monserrat has no active commercial tuna fishery (http://waittinstitute.org/wp-content/uploads/2016/11/5_Montserrat- Fisheries-Assessment-final.pdf, and targeted searches), no FAO fishery profile. Serbia Justification—No exports 2000–17 with the exception of tuna in 2012. Details—Landlocked, Rule does not apply to freshwater aquaculture. No FAO fishery profile. (http://www.fao.org/fishery/countrysector/naso_ serbia/en). Do not and have not fished for tuna as members of International Convention for the Conservation of Atlantic Tunas. Slovakia Justification— Landlocked; Freshwater pond aquaculture. Details— U.S. does not import aquaculture product from Slovakia. The U.S. imported bigeye and yellowfin tuna in 2013 and pickled herring in 2014. Neither are products that Slovakia is likely harvesting or processing. ftp://ftp.fao.org/FI/DOCUMENT/fcp/en/FI_CP_SK.pdf. Somalia Justification—U.S. imported shrimp in 2002, lobster (Homarus spp.) in 2004, and coral/shells in 2015. Details—The Homarus lobster is not native to the Indian Ocean; therefore, this product is likely a re-export or reporting error. Coral and shell fisheries are predominantly hand collection fisheries and have a remote likelihood of marine mammal interaction. NMFS was unable to find evidence of an existing shrimp fishery. Possible import recording issue as the U.S. is not actively importing any product from So- malia. (http://www.fao.org/fi/oldsite/FCP/en/SOM/profile.htm). Tokelau Islands, Territory of New Zealand Justification—No commercial fisheries. Details—2000–2017 U.S. Trade Data shows records of exports of marine fish (2001, 2007, 2008, 2009) seabass (2010, 2011, 2012) and Bluefin tuna (2016). However, several reports indicate the absence of commercial fisheries operating in Tokelau (Dalzell et al., 1996; Passfield, 1998). All fishing activities are subsistence. In addition, seabass is not a species found in Tokelau. Tokelau does not have the food safety regulations to export fish to another nation and is not a flag state or port state. Togo

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TABLE 1—NATIONS SUGGESTED FOR REMOVAL FROM THE MMPA LOFF AND THE JUSTIFICATION FOR REMOVAL— Continued Justification—Few and inconsistent exports. Details—We found evidence that Togo’s fisheries for shrimp are subsistence, artisanal fisheries; likewise, Togo’s tuna fisheries are solely artisanal fisheries with no current active industrial fishery although foreign-flagged and IUU vessels target tuna in Togo’s waters. Togo’s sardine fishery consists of industrial trawl and artisanal beach seine operations, with no evidence that these are commercial and export- ing fisheries (https://s3-us-west-2.amazonaws.com/legacy.seaaroundus/doc/Researcher+Publications/dpauly/PDF/2015/Working+Papers/ MarineFisheriesTogo.pdf). Togo’s snail (other than sea snail) are freshwater species for which the rule does not apply. Finally, the crusta- cean fishery is lagoon-based (artisanal and subsistence) with limited exports to international markets. Uganda Justification—Landlocked, only export freshwater species. Details—From 2000–2009, U.S. Trade Data records show some processed marine fishery products imported to the U.S via Uganda; how- ever from 2012 to 2017, exports have been exclusively Nile perch, a freshwater species for which the MMPA import rule does not apply. Uzbekistan Justification—Landlocked; Freshwater species only. Details—No imports 2014–2017, in 2013 Uzbekistan exported freshwater species only; and, from 2009–2012, the predominant exports were freshwater fish species with some exports of processed ‘‘marine fish.’’ For freshwater species the MMPA import rule does not apply. http://www.fao.org/fishery/facp/UZB/en.

Assumptions Made in the Development subsequently labelled an exempt is the sole Non-Contracting Party (NCP), of the LOFF fishery. There is limited aquaculture of permitted to participate in the CDS. As corals for export, though aquaculture- in the case of the Cayman Islands Fishery Products raised coral would also be hand discussed above, instances where the NMFS assumed that seafood products collected and labelled an exempt NOAA S&T and CBP import data imported by the U.S. between the years fishery. indicated the U.S. received toothfish 2000 and 2017 would be a reasonable from an NCP were crosschecked against Duplication of Marine Mammal basis for the list of target species the CDS and were determined to likely Interactions Based on Gear Type With included in the draft LOFF for each be the result misreporting a vessel’s No Associated Target Fishery Species harvesting nation, unless the nation ‘‘last port’’ as its ‘‘point of origin.’’ As indicated that the fishery no longer Where nations did not indicate target the U.S. already prohibits the occurs, the species is a re-export, (e.g., species and failed to provide fishery importation of toothfish without a valid because the nation is only the processor information in the form of: (1) A gear Dissostichus Catch Document, NMFS for that fish or fish product), or the type and associated marine mammal discarded these cases from the LOFF. reported export of that seafood species/ interaction, or (2) a gear type and For more information, see https:// product to the United States was a data specific area of operation with www.ccamlr.org/en/compliance/catch- reporting error. For those fish and fish associated marine mammal interaction, documentation-scheme-cds. products listed on the U.S. Trade NMFS assumed that any instance of that database, NMFS initially assumed that a gear type for any target species, or that Summary fishery was associated with those gear type operating in a specific area of NMFS reviewed information from or products and looked to exporting operation for any corresponding target related to more than 160 trading nations to confirm their status as either species also reported, had the same partners. NMFS eliminated 25 nations the harvesting nation, intermediary likelihood or prevalence of marine from the LOFF (see Table 1 for a list of nation, or both. mammal interaction. Any species or these nations and the rationale used for NMFS assumed that species or bycatch numbers provided in these eliminating them from the LOFF). The products that were associated with a instances were copied across target draft LOFF is comprised of 138 nations gear type were wild caught and not fisheries. Nations are encouraged to for a total of 720 exempt and 3,270 aquacultured, with one exception. notice where duplication may have export fisheries. The LOFF, an Unless occurring in the wild in a given occurred and provide documentation to expanded LOFF containing references, a country, NMFS assumed tilapia was support changes to the bycatch species list of Intermediary nations and their produced by aquaculture operation. or bycatch estimates. associated products, and list of fisheries and nations where the rule does not Toothfish (Dissostichus spp.) Catch Area of Operation apply can found at www.nmfs.noaa.gov/ Documentation Scheme (CDS) To the extent possible, NMFS listed a ia/species/marine_mammals/ harvesting nation’s fisheries that take Antarctic and Patagonian toothfish mmpaloff.html. An annotated place in a foreign Exclusive Economic (Dissostichus spp.) are fished under a bibliography with supporting references Zone (EEZ) or on the high seas under strict catch documentation scheme can be found at www.nmfs.noaa.gov/ia/ that harvesting nation’s LOFF, rather (CDS) in order to prevent trade in species/marine_mammals/ than under the LOFF of the nation in toothfish harvested in contravention of mmpaloff.html. whose EEZ the fishing took place. Convention on the Conservation of Antarctic Marine Living Resources Impact of the LOFF on Largest Trading Hand Collection Fisheries for Corals, (CCAMLR) Conservation measures. The Partners by Volume and Value Sponges, Shells CDS allows for supply chain tracking of Below is a table containing the twenty Where no information was provided toothfish from point of harvest. Only largest imports by volume and value, an by a nation and the U.S. has imported Members and nations that are Party to assessment of the data they provided, corals, sponges, and/or shells from that the Convention are permitted to and their risk of marine mammal nation, these fisheries were designated participate in the CDS for toothfish with bycatch. NMFS based its assessment of as a gear type of ‘‘hand collection’’ and the exception of the Seychelles, which the quality of the data supplied by

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nations based on the completeness and their vulnerability lies in their apparent Taiwan has bycatch in their longline amount of detail in the information inability to assess and mitigate marine fisheries and their drift gillnet fisheries. provided. The number of export and mammal bycatch. If these nations The United Kingdom has bycatch of exempt fisheries is a tally of those estimate their marine mammal bycatch harbor porpoise and common dolphins fisheries after NMFS analysis of the or provide more detailed information in gillnet and trawl fisheries. LOFF. The overall risk of marine about their fishery operations, NMFS Nations, some not on this list, with a mammal bycatch is based on the type of may be able to reclassify as exempt gear most prevalent in the nation’s additional fisheries. high level of documented marine fisheries and the information provided The Russian Federation, Japan, mammal bycatch include South Korea by those nations related to marine Mexico, and China provided little to no (pound nets and gillnets); New Zealand mammal fisheries interactions. information to enable a full assessment (all gear types, especially trawl); and Chile, Peru, Argentina, and Ecuador of their fisheries and level of marine Australia (trawl and longline). However, have large numbers of small gillnet, mammal risk. Japan’s marine mammal NMFS recognizes that this evaluation purse seine, and trawl vessels with bycatch is particularly large in its pound may be highly influenced by the marine mammal bycatch. Canada’s pot net fisheries, whereas the Russian advanced assessment capabilities of fisheries for lobster and snow crab have Federation’s bycatch is predominantly these nations. New Zealand and Norway high levels of large whale bycatch. in its pot and trawl fisheries. Mexico’s may be the only nations to have Canada also has bycatch in its gillnet marine mammal bycatch includes its currently calculated a bycatch limit. fisheries and permits the intentional gillnet and trawl fisheries in the Gulf of Norway’s information demonstrates killing of marine mammals in Mexico and the Gulf of California. bycatch of harbor porpoise, gray seal, aquaculture operations. Indonesia, India’s fishery bycatch is predominantly and harbor seal in excess of the bycatch Thailand, and Vietnam have large in its coastal gillnet fisheries which limit in its gillnet fisheries. processing and aquaculture sectors; includes tens of thousands of vessels.

TABLE 2—LIST OF THE TWENTY LARGEST IMPORTS BY VOLUME AND VALUE AND AN ASSESSMENT OF THE DATA THEY PROVIDED AND THEIR RISK OF MARINE MAMMAL BYCATCH

Number of Nation Quality of data supplied export/exempt Overall risk of marine fisheries mammal bycatch

Canada ...... Excellent ...... 163/82 Average/High. China ...... Poor ...... 110/3 Unknown. Indonesia ...... Fair ...... 13/25 Low. Thailand ...... Fair ...... 76/12 Average. Chile ...... Good ...... 46/39 Average/High. India ...... Poor ...... 24/2 Unknown. Vietnam ...... Fair ...... 26/14 Low. Ecuador ...... Good ...... 21/6 High. Mexico ...... Fair ...... 40/24 Average. Russian Federation ...... Poor ...... 114/0 Average/High. Japan ...... Poor ...... 197/18 High. Philippines ...... Good ...... 16/4 Low. Peru ...... Good ...... 70/34 Average/High. Argentina ...... Good ...... 65/9 Average. Iceland ...... Excellent ...... 27/2 Average. Honduras ...... Poor ...... 4/6 Unknown. Taiwan ...... Good ...... 19/3 Average/High. South Korea ...... Excellent ...... 604/44 High. New Zealand ...... Excellent ...... 81/25 Average/High. United Kingdom ...... Good ...... 56/8 Average/High.

Request for Input 4. Should lift net or other such nets be International Pole and Line Foundation, considered an exempt fishery? Why or why London. 133 pages. In addition to the requested not? Agreement on the Conservation of Small information in this Federal Register 5. Would nations prefer to submit their Cetaceans in the Baltic, North East notice, NMFS is interested in receiving information in the form of a database? Atlantic, Irish and North Seas public comment and supporting 6. Should nations with only exempt (ASCOBANS) 2009. Cetacean Incidental fisheries be allowed to apply for a Catches in Fisheries: Report on the documentation in response to the comparability finding every eight years rather Implementation of Certain Provisions of following: than every four years? the Council Regulations (EC) No. 812/2004 and on a Scientific Assessment of the 1. Should all marine aquaculture involving References lines, such as seaweed, mussels, oysters, and Effects of Using in Particular Gillnets, other shellfish be considered an exempt Agreement on the Conservation of Cetaceans Trammel Nets, and Entangled Nets on Cetaceans in the Baltic Sea as Requested fishery? Why or why not? of the Black Sea, Mediterranean Sea and contiguous Atlantic area (ACCOBAMS) through Council Regulation (EC) No. 2187/ 2. Should net pen aquaculture for tuna be 2008. International Workshop on Cetacean 2005. 6th Meeting of the Parties to considered an exempt fishery? Why or why Bycatch within ACCOBAMS Area. Rome ASCOBANS MOP6/Doc.5–09 (AC) UN not? (FAO HQs), Italy, 17–18 September 2008 Campus, Bonn, Germany, 16–18 September 3. Should net cage aquaculture for finfish Anderson, R.C. (2014) Cetaceans and Tuna 2009 Dist. be considered an exempt fishery? Why or Fisheries in the Western and Central Ayissi, I.K. Van Waerebeek, and G. why not? Indian Ocean. IPNLF Technical Report 2, Segniagbeto, ‘‘Report on the exploratory

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survey of cetaceans and their status in Seine Fisheries of the World. FAO and mammals and seabirds: a discussion paper. Cameroon,’’ in Proceedings of the 17th Aquatic Technical Paper. No. 569. Rome. Wellington: DOC Science Publishing, Meeting CMS Scientific Council, Bergen, 249 pp. Science & Research Unit. Norway, November 2011, Document Halpin, W. J. Nichols, and Carl Safina. 2014 Lobao-Tello, Pablo Ricardo & Hucke-Gaete, UNEP/CMS/ScC17/Inf.10 Global Patterns of Marine Mammal, Rodrigo & Torres-Florez, Juan. (2013). First Brown S, Reid D, Rogan E (2014) Seabird, and Sea Turtle Bycatch Reveal observations of operational interactions Characteristics of Fishing Operations, Taxa-specific and Cumulative Megafauna between bottom-trawling fisheries and Environment and Life History Contributing Hotspots. Proceedings of the National South American sea lion, Otaria flavescens to Small Cetacean Bycatch in the Northeast Academy of Sciences. Vol. 111 No. 14 in south-central Chile. Journal of the Atlantic. PLoS ONE 9(8): e104468. 5271–5276. Marine Biological Association of the UK. doi:10.1371/journal.pone.0104468 Hamer D, Childerhouse S, and N. Gales. 93. 10.1017/S0025315412001282. Clarke, S., Sato, M., Small, C., Sullivan, B., 2012. Odontocene Bycatch and Machado R. 2015.Incidental Catch of South Inoue, Y. & Ochi, D. 2014. Bycatch in Depredation in Longline Fisheries: A American Sea Lion in a Pair Trawl off longline fisheries for tuna and tuna-like Review of Available Literature and of Southern Brazil. Neotropical Biology and species: a global review of status and Potential Solutions. Marine Mammal Conservation. Doi: 10.4013/ mitigation measures. FAO Fisheries and Science 28 (4): E345–E374. Doi: 10.1111/ nbc.2015.101.06 Aquaculture Technical Paper No. 588. j.1748–7692 Mustika, PL, Purnomo FS, S Northridge 2014. Rome, FAO. 199 pp. ICES 2013. Request from EU Concerning A Pilot Study to Identify the Extent of Convention for Migratory Species (CMS) Monitoring of Bycatch of Cetaceans and Small Cetacean Bycatch in Indonesia Using 2011. Assessment of Bycatch in Gillnet Other Protected Species. Special Request. Fisher Interview and Stranding Data as Fisheries. Sextant Technology Ltd. UNEP/ ICES Advice Book 1. Proxies. Final Report. International CMS.FAO 2010. Kobe II Bycatch Workshop ICES 2010. New Information Regarding Small Whaling Commission. Background Paper—Marine Mammals. Cetaceans, Marine Mammals, Sea Birds, National Oceanic and Atmospheric Bergen, 20–25 November 2011. and Sensitive Habitats and Impact of Administration Technical Memo 2011. Diaz Lopez, B., L. Marini, and F. Polo. 2005. Fisheries. 1.5 1.2 Special Request Advice. U.S. National Bycatch Report [W.A. Karp, The impact of a fish farm on a bottlenose IOTC 2014. A Concept Note on the Need to L. Desfosse, S.G. Brooke, Editors.] NMFS– dolphin population in the Mediterranean Develop an IOTC Identification Guide for F/SPO–117C, 508 p. Sea. Thalassas 21:65–70. Marine Mammals. Working Party on Northridge S, Kingston A, Mackay A, M Dı´az Lo´pez, B., and J.A. Bernal Shirai. 2007. Ecosystems and Bycatch. Tokyo, Japan. Lonergan. 2011. Bycatch of Vulnerable Bottlenose dolphin (Tursiops truncatus) October 27–31 2014. IOTC–2014– Species: Understanding the Process of presence and incidental capture in a WPEB10–32. Mitigating the Impacts. Final Report to marine fish farm on the north-eastern coast IWC 2004. Report of Subcommittee on Defra Marine and Fisheries Science Unit. of Sardinia (Italy). Journal of the Marine Estimation of Bycatch and Other Human Defra, London. 99 pp. Biological Association of the U.K. 87:113– Induced Mortality. International Whaling Peltier, Helene, Matthieu Authier, Rob 117.–Dı´az Lo´pez, B. 2012. Bottlenose Commission. Annex J. J. CETACEAN RES. Deaville, Willy Dabin, Paul D. Jepson, dolphins and aquaculture: interaction and MANAGE. 7 (SUPPL.),2005 The meeting Olivier van Canneyt, Pierre Daniel, Vincent site fidelity on the north-eastern coast of was held at the Hilton Sorrento Palace Ridoux. 2016. Small Cetacean Bycatch as Sardinia (Italy). Marine Biology 159:1–12, Hotel, Sorrento, Italy, from 29 June—10 Estimated from Stranding Schemes: The DOI:10.1007/s00227–00012–02002–x. Common Dolphin Case in the Northeast Food and Agriculture Organization (FAO) July 2004 and was chaired by Doug Fisheries Department (FAO-FI). Review of DeMaster. Atlantic. Environmental Science & Policy, the state of world marine fishery resources Kemper CM, Pemberton D, Cawthorn M, Volume 63, 2016, Pages 7–18, ISSN 1462– 2009. World Global Tuna Fisheries. FIRMS Heinrich S and others (2003) Aquaculture 9011, http://dx.doi.org/10.1016/ Reports. In: Fisheries and Resources and marine mammals: coexistence or j.envsci.2016.05.004. (http:// Monitoring System (FIRMS) [online]. conflict? In: Gales N, Hindell M, Kirkwood www.sciencedirect.com/science/article/pii/ Rome. Updated 18 February 2013. [Cited R (eds) Marine mammals: fisheries, S1462901116301514) tourism, and management issues. CSIRO, Prajith K.K, P.H. Dhiju Das, Leela Edwin. 13 July 2017]. http://firms.fao.org/firms/ ¥ fishery/459/en Collingwood, p 208 225 2014. Dolphin Wall Net (DWN). An Food and Agriculture Organization (FAO), Kiszka J, Muir C, Poonian C, Cox T, Amir O, Innovative Management Measure Devised 2010, Kobe II Bycatch Workshop Bourjea J, Razafindrakoto Y, wambiji N, by Ring Seine Fishermen of Kerla-India to Background Paper Marine Mammals. and N Bristol. 2008. Marine Mammal Reducing or Eliminating Marine Mammal IOTC–2010–WPEB-Inf13, Co-occurrence Bycatch in the Southwest Indian Ocean: Fishery Interactions. Ocean and Coastal with world tuna fisheries, but little known Review and Need for a Comprehensive Management 102:1–6. Doi:10.1016/ status, bycatch. Kobe II Background Paper, Status Assessment. Western Indian Ocean j.oceocoaman.2014.08/012 Available online www.iotc.org/sites/ Journal of Marine Science 7 (2), 119–136 Read, A.J., Drinker, P. and Northridge S.P. default/files/documents/proceedings/.../ pp. (2006). By-Catches Of Marine Mammals in IOTC–2010–WPEB-Inf14.pdf Komoroske LM and RL Lewison 2015. U.S. Fisheries and a First Estimate of the Gilman, E.L. 2011. Bycatch Governance and Addressing Fisheries Bycatch in A Magnitude of Global Marine Mammal Best Practice Mitigation Technology in Changing World. Front. Mar.Sci.2:83. doi: ByCatch. Conservation Biology Volume 20, Global Tuna Fisheries. Marine Policy 10.3389/fmars.2015.00083 No. 1, 163–169. (2011). Honolulu, HI. doi:10.1016/ Lewison, Rebecca L., Larry B. Crowder, Reeves RR, Berggeren Per, Crespo Enrique, j.marpol.2011.01.021 Bryan P. Wallace, Jeffrey E. Moore, Tara Gales Nick, Northridge Simon P, di Sciara Gonzales, A., Vega, R., E. Yanez. 2015. Cox, Ramunas Zydelis, Sara McDonald, Giuseppe, Perrin William, Read Andrew, Operational Interaction between South Andrew DiMatteo, Daniel C. Dunn, Connie Rogan Emer, Smith Brian, and Koen American Sea Lion Otaria Flavescens and Y. Kot, Rhema Bjorkland, Shaleyla Kelez, Waerebeek. 2004. Global Priorities for Purse Seine Fishing Activities in Northern Candan Soykan, Kelly R. Stewart, Michelle Reduction of Cetacean Bycatch. Chile. Revista de Biologia Marina y Sims, Andre Boustany, Andrew J. Read, International Whaling Commission.SC/56/ Oceanografia: 50 (3): 479–489. Doi: Patrick Halpin, W.J. Nicohols, and Carl Bc2. 56th Scientific Committee Meeting. 10.4067/S0718 Safina 2014. Global Patterns of Marine Sorrento, Italy. Groom, C., & Coughran, D. (2012). Mammal, Seabird, and Sea Turtle Bycatch Reeves, Randall R, Kate McClellan, Timothy Entanglements of baleen whales off the Reveal Taxa-specific and Cumulative B. Werner. 2013 Marine Mammal Bycatch coast of Western Australia between 1982 Megafauna Hotspots. Proceedings of the in Gillnet and Other Entangling Net and 2010: patterns of occurrence, outcomes National Academy of Sciences. Vol. 111 Fisheries, 1990 to 2011. Endangered and management responses. Pacific No. 14 5271–5276. www.pnas.org/cgi/doi/ Species Research Vol. 20: 71–97. Conservation Biology, 18(3), 203–214. 10.1073/pnas.1318960111 Waring, GT, Josephson E, Maze-Foley K, Hall, M. and M. Roman 2013. Bycatch and Lloyd, B.L. (2003). Potential effects of mussel Rosel PE, Byrd B, Cole TVN, Engleby L, Non-tuna Catch in the Tropical Tuna Purse farming on New Zealand’s marine Garrison LP, Hatch J, Henry A, Horstman

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SC, Litz J, Mullin KD, Orphanides C, Pace aquaculture gear, documented cases from Act (MMPA) and the Endangered RM, Palka DL, Lyssikatos M. Wenzel FW mussel farming regions of the world Species Act (ESA), as applicable. (2015) Trends in Selected U.S. Atlantic and including first-hand accounts from Iceland. Gulf of Mexico Marine Mammal Stock Master’s thesis. University of Akureyri, ADDRESSES: The permits and related Assessments—2014. NOAA Technical Iceland. documents are available for review Memorandum NMFS–NE–23. Available at: upon written request or by appointment _ Dated: August 16, 2017. www.nmfs.noaa.gov/pr/sars/pdf/ao2013 in the Permits and Conservation tm228.pdf. Accessed: 23 December 2015 John Henderschedt, Division, Office of Protected Resources, Waring GT, Josephson E, Maze-Foley K, Director, Office for International Affairs and Rosel PE, Barry K, Byrd B, Cole TVN, Seafood Inspection, National Marine NMFS, 1315 East-West Highway, Room Engleby L, Fairfield C, Garrison LP, Henry Fisheries Service. 13705, Silver Spring, MD 20910; phone A, Hansen L, Litz J, Orphanides C, Pace [FR Doc. 2017–17671 Filed 8–21–17; 8:45 am] (301) 427–8401; fax (301) 713–0376. RM, Palka DL, Rossman MC, Sinclair C, Wenzel FW (2012) U.S. Atlantic and Gulf BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: of Mexico Marine Mammal Stock Shasta McClenahan (File Nos. 17350, Assessments—2011. NOAA Technical 20523, 20605, 21045, and 21114), Carrie Memorandum NMFS–NE–22. Available at: DEPARTMENT OF COMMERCE Hubard (File No. 16111 and 20311), www.nmfs.noaa.gov/pr/pdfs/sars/ National Oceanic and Atmospheric Sara Young (File No. 20043), Courtney ao2011.pdf. Accessed: 23 December 2015 Smith (File No. 21170), and Jennifer Watson RC, Revenga C, and Y Kura. 2006. Administration Fishing Gear Associated with Global Skidmore (File No. 16580) at (301) 427– Marine Catches. Fisheries Research 79:97– Marine Mammals and Endangered 8401. 102. Vancouver, BC. Doi:10.1016/ Species SUPPLEMENTARY INFORMATION: Notices j.fishres.2006.01.010 Werner (2014) Mitigating bycatch and AGENCY: National Marine Fisheries were published in the Federal Register depredation of marine mammals in Service (NMFS), National Oceanic and on the dates listed below that requests longline fisheries. ICES Journal of Marine Atmospheric Administration (NOAA), for a permit or permit amendment had Science, 72:1576–1586. Commerce. been submitted by the below-named Wu¨ rsig, B., and G.A. Gailey. 2002. Marine applicants. To locate the Federal mammals and aquaculture: Conflicts and ACTION: Notice; issuance of permits and permit amendments. Register notice that announced our potential resolutions. Pages 45–59 in R.R. receipt of the application and a Stickney and J.P. McVey, editors. Responsible Marine Aquaculture. CAB SUMMARY: Notice is hereby given that complete description of the research, go International, New York. permits or permit amendments have to www.federalregister.gov and search Young, Madeline Olivia. 2015. Marine been issued to the following entities on the permit number provided in the animal entanglements in mussel under the Marine Mammal Protection table below.

Receipt of application Federal Permit or amend- File No. RIN Applicant Register notice ment issuance date

16111–02 ...... 0648–XA626 ...... John Calambokidis, Cascadia Research 77 FR 19645; April 2, 2012 .... July 13, 2017. Collective, Waterstreet Building, Suite 201, 218 1⁄2 West Fourth Ave., Olym- pia, WA 98501. 16580–01 ...... 0648–XB158 ...... Shannon Atkinson, Ph.D., University of 77 FR 31835; May 30, 2012 ... July 17, 2017. Alaska Fairbanks, 17101 Pt. Lena Loop Road, Juneau, AK 99801. 17350–02 ...... 0648–XC067 ...... North Slope Borough Department of 77 FR 36488; June 19, 2012 .. July 20, 2017. Wildlife Management, (Taqulik Hepa, Responsible Party), P.O. Box 69, Bar- row, AK 99723. 20043 ...... 0648–XF153 ...... Whitlow Au, Ph.D., University of Hawaii, 82 FR 4858; January 17, 2017 July 28, 2017. P.O. Box 1346, Kaneohe, HI 96744. 20311 ...... 0648–XF412 ...... NMFS Pacific Islands Fisheries Science 82 FR 22498; May 16, 2017 ... June 30, 2017. Center, (Evan Howell, Ph.D., Respon- sible Party), 1845 Wasp Boulevard, Building 176, Honolulu, HI 96818. 20523 ...... 0648–XF455 ...... National Museum of Natural History (Kirk 82 FR 26455; June 7, 2017 .... July 10, 2017. Johnson, Ph.D., Responsible Party), P.O. Box 37012, Washington, DC 20013. 20605 ...... 0648–XF381 ...... Robin Baird, Ph.D., Cascadia Research 82 FR 22503; May 16, 2017 ... July 28, 2017. Collective, 218 1⁄2 West Fourth Ave- nue, Olympia, WA 98501. 21045 ...... 0648–XF350 ...... Matson Laboratory (Carolyn Nistler, Re- 82 FR 22516; May 16, 2017 ... June 29, 2017. sponsible Party), 135 Wooden Shoe Lane, Manhattan, MT 59741. 21114 ...... 0648–XF453 ...... The Whale Museum (Jenny Atkinson, 82 FR 26455; June 7, 2017 .... July 25, 2017. Responsible Party), P.O. Box 945, Fri- day Harbor, WA 98250. 21170 ...... 0648–XF399 ...... Keith Ellenbogen, Keith Ellenbogen Pho- 82 FR 21370; May 8, 2017 ..... July 3, 2017. tography, 795 Carroll Street, Brooklyn, NY 11215.

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