The MMPA requires NOAA Fisheries to publish an annual list of commercial fisheries and classify each fishery based on whether it has frequent (Category I), occasional (Category II), or remote likelihood (Category III) of incidental mortality and serious injury of marine mammals.
The Marine Mammal Protection Act mandates that all commercial fisheries be classified by the level of incidental marine mammal death and serious injury. The level of marine mammal death and serious injury that occurs incidental to each fishery is reported in the annual Marine Mammal Stock Assessment Reports for each stock.
Accordingly, the List of Fisheries (LOF) puts each fishery into one of three categories:
You can look up any fishery in the most recent version of the LOF (see table below). The LOF is updated annually and published in the Federal Register.
The LOF contains four tables:
A fishery may be in one category for one marine mammal stock and another category for a different marine mammal stock. A fishery is typically categorized on the LOF according to its highest level of death/injury (e.g., a fishery in Category III for one stock and Category II for another will be listed under Category II). Learn more below about the criteria used to classify fisheries.
2017 List of Fisheries
2016 List of Fisheries
2015 List of Fisheries
2014 List of Fisheries
2013 List of Fisheries
2012 List of Fisheries
2011 List of Fisheries
2010 List of Fisheries
2009 List of Fisheries
2008 List of Fisheries
2007 List of Fisheries
2006 List of Fisheries
2005 List of Fisheries
2004 List of Fisheries
2003 List of Fisheries
Notice of Continuing Effect
2001 List of Fisheries
Notice of Continuing Effect
1999 List of Fisheries
1998 List of Fisheries
1997 List of Fisheries
1996 List of Fisheries
In classifying fisheries, NOAA Fisheries compares the numbers of marine mammals that are incidentally killed or seriously injured by commercial fishing operations to a stock’s potential biological removal (PBR) level. The PBR level is defined in 50 CFR 229.2 as the highest number of animals that can be removed from a stock—not including natural deaths—while allowing that stock to reach or maintain its optimum sustainable population.
Using these numbers, NOAA Fisheries takes a two-tiered approach. Tier 1 considers the total impact of all fisheries on each marine mammal stock; Tier 2 considers individual fisheries’ impact on each stock.
Tier 1: Annual mortality and serious injury across all fisheries that interact with a stock:
Tier 2: Annual mortality and serious injury of a stock in a given fishery:
For more details on how threshold percentages between the categories were determined, see the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086, August 30, 1995).
Since fisheries are categorized on a per-stock basis, a fishery may be in one category for one stock and another category for a different stock. A fishery is typically categorized on the LOF according to its highest level of death/injury: for example, a fishery that qualifies for Category III for one stock and Category II for another will be listed under Category II.
Any vessel owner, vessel operator, or fisherman (for non-vessel fisheries) working in a Category I, II, or III fishery must report all incidental deaths or injuries of marine mammals during commercial fishing to NOAA Fisheries (per 50 CFR 229.6). Learn more about reporting.
“Injury” is defined in 50 CFR 229.2 as a wound or other physical harm. An animal that ingests fishing gear is also considered to be injured. So is any animal released with fishing gear entangling, trailing, or perforating any part of its body. All these injuries must be reported.
Under 50 CFR 229.4, the owner of a vessel or gear working in a Category I or II fishery must get a marine mammal authorization by registering with the Marine Mammal Authorization Program. NOAA Fisheries will issue the vessel or gear owner an authorization certificate that the operator must have while fishing.
The procedure for registering differs between NOAA regions. For most fisheries, NOAA Fisheries has integrated the marine mammal authorization registration process with state and federal fishery license, registration, or permit systems and related programs. Participants in these fisheries are automatically registered under the MMPA and are not required to pay the $25 registration fee.
Fishermen working in a Category I or II fishery must accommodate observers onboard their vessels upon request (per 50 CFR 229.7).
Fishermen working in a Category I or II fishery must comply with any applicable take reduction plans. NOAA Fisheries may develop and implement take reduction plans for any Category I or II fishery that interacts with a strategic stock.