Every year, NOAA Fisheries publishes the List of Fisheries -- essentially a list of fishing and aquaculture gear used in the marine environment that is categorized according to risk of interaction with marine mammals. The list is mandated by the Marine Mammal Protection Act (or MMPA).

Category I includes gear types with frequent interactions; Category II includes gear types with occasional interactions; and Category III includes gear types with remote likelihood or no known interactions.

There are a couple of new developments in the proposed 2025 List of Fisheries that are pertinent to kelp and shellfish farmers. But there's not a lot of time left in the comment period to have your voice heard.

Update: THE COMMENT PERIOD WAS EXTENDED until December 1

Here is some information that is important to seaweed and shellfish farmers across coasts:

First, NOAA Fisheries proposes to include the Alaska macroalgae aquaculture as a Category III fishery. According to conversations with different sources in Alaska, this proposed listing comes after lots of discussion with scientists, agency officials, and others and is viewed positively by many.

Second, NOAA Fisheries proposes to include the Atlantic region longline aquaculture as a Category II fishery. The proposal clumps together a number of gear types for macroalgae longline cultivation and shellfish cultivation (including hanging bags that may be incorporated into a longline system and independent cages with vertical lines) and recommends a Category II classification although there is "no information on marine mammal M/SI incidental to this fishery". Other fisheries in Category II include trap/pot, gillnet, seine, trawl, and pound nets with known interactions.

The proposed rule was made public in late September. Many kelp farmers are busy prepping for their seasons in Alaska and the Northeast. Others along the Atlantic coast are focused on hurricane recovery. Under the circumstances, the National Aquaculture Association and others are asking for an extension on the comment period by at least 60 days.

What should you do?

Read the Proposed Rule 89 - FR 77789 for 2025 and the 2024 List of Fisheries Summary TableContact your NOAA Regional Aquaculture Coordinators to learn more about the proposed rule Consult your regional aquaculture association for more information and guidance on responding (Maine Aquaculture Association, East Coast Shellfish Growers Association, Gulf Shellfish Farmers Association, Pacific Coast Shellfish Association, Northwest Aquaculture Alliance, Alaska Mariculture Alliance, and others may be helping their members with responses)Consider making public comment and including information about your farming experience, location, and any observations around marine mammal interactions (find the public comment link here)Tag people in the comments to share and spread the word

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