Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Issuance of a Permit, 73377-73380 [2024-20342]
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[FR Doc. 2024–20396 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE109]
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations;
Proposed Issuance of a Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS is proposing to issue a
permit to authorize the incidental, but
not intentional, take of specific
Endangered Species Act (ESA)-listed
marine mammal species or stocks under
the Marine Mammal Protection Act
(MMPA), in the Washington (WA)/
Oregon (OR)/California (CA) sablefish
pot fishery.
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SUMMARY:
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Comments on this action and
supporting documents must be received
by October 10, 2024.
ADDRESSES: You may submit comments
on the proposed permit and the
preliminary determination supporting
the permit, identified by NOAA–NMFS–
2024–0087, through the Federal eRulemaking Portal:
1. Go to https://www.regulations.gov
and enter NOAA–NMFS–2024–0087 in
the Search box.
2. Click the ‘‘Comment’’ icon, and
complete the required fields.
3. Enter or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous).
The preliminary determination
supporting the permit is available on the
internet at https://www.regulations.gov/
docket/NOAA-NMFS-2024-0087. Other
supporting information is available on
the internet including: recovery plans
for the ESA-listed marine mammal
species, https://www.fisheries.noaa.gov/
national/endangered-speciesconservation/recovery-species-underendangered-species-act; 2024 MMPA
List of Fisheries (LOF), https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/listfisheries-summary-tables; the most
recent Marine Mammal Stock
Assessment Reports (SAR) by region,
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessmentreports-region, and stock, https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsspecies-stock; and Take Reduction
Teams (TRT) and Plans, https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-take-reduction-plans-andteams.
73377
The
MMPA requires NMFS to authorize the
incidental take of ESA-listed marine
mammals in commercial fisheries
provided it can make the following
determinations: (1) the incidental
mortality and serious injury (M/SI) from
commercial fisheries will have a
negligible impact on the affected species
or stocks; (2) a recovery plan for all
affected species or stocks of threatened
or endangered marine mammals has
been developed or is being developed
pursuant to the ESA; and (3) where
required under MMPA section 118, a
take reduction plan (TRP) has been
developed or is being developed, a
monitoring program is established, and
vessels participating in the fishery are
registered. We have made a preliminary
determination that the Category II WA/
OR/CA sablefish pot fishery meets these
three requirements and propose to issue
a permit to the fishery to authorize the
incidental take of ESA-listed marine
mammal species or stocks (Central
America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA
stocks of humpback whale) under the
MMPA for a period of 3 years. We
solicit public comments on the
proposed issuance of the permit and the
underlying preliminary determination.
DATES:
SUPPLEMENTARY INFORMATION:
Dan
Lawson, West Coast Region, (206) 526–
4740, Dan.Lawson@noaa.gov, or Jaclyn
Taylor, NMFS Office of Protected
Resources, (301) 427–8402,
Jaclyn.Taylor@noaa.gov.
Background
The MMPA LOF classifies each
commercial fishery as a Category I, II, or
III fishery based on the level of mortality
and injury of marine mammals
occurring incidental to each fishery as
defined in 50 CFR 229.2. Section
118(c)(2) of the MMPA requires fishing
vessels that operate in Category I and II
fisheries to register with NMFS and are
subsequently authorized to incidentally
take marine mammals during
commercial fishing operations.
However, that authorization is limited
to those marine mammals that are not
listed as threatened or endangered
under the ESA. Section 118(a)(2) of the
MMPA, 16 U.S.C. 1387(a)(2), also
requires an additional authorization at
section 101(a)(5) of the MMPA, 16
U.S.C. 1371, for incidental taking of
ESA-listed marine mammals. Section
101(a)(5)(E) of the MMPA, 16 U.S.C.
1371, states that NMFS, as delegated by
the Secretary of Commerce, for a period
of up to 3 consecutive years shall allow
the incidental, but not intentional,
taking of marine mammal species or
stocks designated as depleted because of
their listing as an endangered species or
threatened species under the ESA, 16
U.S.C. 1531 et seq., by persons using
vessels of the United States, while
engaging in commercial fishing
operations, if NMFS makes certain
FOR FURTHER INFORMATION CONTACT:
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determinations. NMFS must determine,
after notice and opportunity for public
comment, that: (1) incidental M/SI from
commercial fisheries will have a
negligible impact on the affected species
or stock; (2) a recovery plan has been
developed or is being developed for
such species or stock pursuant to the
ESA; and (3) where required under
section 118 of the MMPA, a monitoring
program has been established, vessels
engaged in such fisheries are registered
in accordance with section 118 of the
MMPA, and a TRP has been developed
or is being developed for such species
or stock.
The LOF includes a list of marine
mammal species or stocks incidentally
killed or injured in each commercial
fishery. We evaluated ESA-listed stocks
or species included on the final 2024
MMPA LOF (89 FR 12257, February 16,
2024) as killed or seriously injured
following NMFS’ Procedural Directive
02–238 ‘‘Process for Distinguishing
Serious from Non-Serious Injury of
Marine Mammals.’’ Based on this
evaluation, we propose to issue a permit
under MMPA section 101(a)(5)(E) to
vessels registered in the Category II WA/
OR/CA sablefish pot fishery, as
classified on the final 2024 MMPA LOF,
to incidentally kill or seriously injure
individuals from the Central America/
Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of
humpback whale.
Category III fisheries are those
commercial fisheries that have a remote
likelihood of or no known incidental
mortality or serious injury of marine
mammals (MMPA section
118(c)(1)(A)(iii)). All commercial
fisheries classified as Category III on the
most current LOF do not require MMPA
101(a)(5)(E) authorization so long as any
mortality or injury of marine mammals
incidental to their operations is reported
pursuant to MMPA section 118(e).
Furthermore, per NMFS’ Procedural
Directive 02–204–02 (procedural
directive), ‘‘Criteria for Determining
Negligible Impact under MMPA section
101(a)(5)(E)’’ (NMFS 2020), NMFS
considers such Category III fisheries to
have a negligible impact on that marine
mammal stock or species.
In addition, specifically for the
purposes of MMPA section 101(a)(5)(E),
commercial fisheries classified as
Category I or II on the LOF solely
because of incidental M/SI of non-ESAlisted marine mammals meet the
definition of a Category III commercial
fishery with respect to ESA-listed stocks
or species because the fishery has a
remote likelihood of or no known
incidental M/SI of ESA-listed marine
mammals (NMFS 2020). In other words,
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if the commercial fishery is a Category
I or II fishery because of incidental take
of non-ESA listed marine mammals, we
consider it a Category III fishery here.
We have determined that the Category II
Atlantic mixed species trap/pot fishery
meets this criterion. This fishery does
not require MMPA 101(a)(5)(E)
authorization and is not subject to the
ESA prohibition against incidentally
taking marine mammals from
endangered or threatened stocks and not
subject to any penalties, provided any
marine mammal mortalities or injuries
are reported as required under MMPA
section 118(e).
NMFS regularly evaluates other
commercial fisheries for purposes of
making a negligible impact
determination (NID) and issuing section
101(a)(5)(E) authorizations with the
annual LOF as new information
becomes available. More information
about the fisheries is available in the
2024 MMPA LOF (89 FR 12257,
February 16, 2024) and on the internet
at: https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
list-fisheries-summary-tables.
We reviewed the best available
scientific information to determine if
the fishery met the three requirements
of MMPA section 101(a)(5)(E) for
issuing a permit. This information is
included in the 2024 MMPA LOF (89 FR
12257, February 16, 2024), the SARs for
these species (available at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reports),
recovery plans for these species
(available at: https://www.fisheries.
noaa.gov/national/endangered-speciesconservation/recovery-species-underendangered-species-act), and other
relevant information, as detailed further
in the documents describing the
preliminary determination supporting
the permit (available at: https://
www.regulations.gov/docket/NOAANMFS-2024-0087).
Basis for Determining Negligible Impact
Prior to issuing an MMPA 101(a)(5)(E)
permit to take ESA-listed marine
mammals incidental to commercial
fishing, NMFS must determine if the M/
SI incidental to commercial fisheries
will have a negligible impact on the
affected marine mammal species or
stocks. NMFS satisfies this requirement
by making a NID. Although the MMPA
does not define ‘‘negligible impact,’’
NMFS has issued regulations providing
a qualitative definition of ‘‘negligible
impact,’’ defined in 50 CFR 216.103, as
an impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
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to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.
Criteria for Determining Negligible
Impact
NMFS uses a quantitative approach
for determining negligible impact
detailed in NMFS Procedural Directive
02–204–02 (directive), ‘‘Criteria for
Determining Negligible Impact under
MMPA section 101(a)(5)(E),’’ which
became effective on June 17, 2020
(NMFS 2020). The procedural directive
is available online at: https://
www.fisheries.noaa.gov/national/lawsand-policies/protected-resources-policydirectives. The directive describes
NMFS’ process for determining whether
incidental M/SI from commercial
fisheries will have a negligible impact
on ESA-listed marine mammal species/
stocks (the first requirement necessary
for issuing a MMPA section 101(a)(5)(E)
permit as noted above).
The directive first describes the
derivation of two Negligible Impact
Thresholds (NIT), which represent
levels of removal from a marine
mammal species or stock. The first,
Total Negligible Impact Threshold
(NITt), represents the total amount of
human-caused M/SI that NMFS
considers negligible for a given stock.
The second, lower threshold, Single NIT
(NITs) represents the level of M/SI from
a single commercial fishery that NMFS
considers negligible for a stock. NITs
was developed in recognition that some
stocks may experience non-negligible
levels of total human-caused M/SI but
one or more individual fisheries may
contribute a very small portion of that
M/SI, and the effect of an individual
fishery may be considered negligible.
The directive describes a detailed
process for using these NIT values to
conduct a NID analysis for each fishery
classified as a Category I or II fishery on
the MMPA LOF. The NID process uses
a two-tiered analysis. The Tier 1
analysis first compares the total humancaused M/SI for a particular stock to
NITt. If NITt is not exceeded, then all
commercial fisheries that kill or
seriously injure the stock are
determined to have a negligible impact
on the particular stock. If NITt is
exceeded, then the Tier 2 analysis
compares each individual fishery’s M/SI
for a particular stock to NITs. If NITs is
not exceeded, then the commercial
fishery is determined to have a
negligible impact on that particular
stock. For transboundary, migratory
stocks, because of the uncertainty
regarding the M/SI that occurs outside
of U.S. waters, we assume that total M/
SI exceeds NITt and proceed directly to
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the Tier 2 NITs analysis. If a commercial
fishery has a negligible impact across all
ESA-listed stocks, then the first of three
findings necessary for issuing a MMPA
101(a)(5)(E) permit to the commercial
fishery has been met (i.e., a NID). If a
commercial fishery has a non-negligible
impact on any ESA-listed stock, then
NMFS cannot issue a MMPA
101(a)(5)(E) permit for the fishery to
incidentally take ESA-listed marine
mammals.
These NID criteria rely on the best
available scientific information,
including estimates of a stock’s
minimum population size and humancaused M/SI levels, as published in the
most recent SARs and other supporting
documents, as appropriate. Using these
inputs, the quantitative negligible
impact thresholds allow for
straightforward calculations that lead to
clear negligible or non-negligible impact
determinations for each commercial
fishery analyzed. In rare cases, robust
data may be unavailable for a
straightforward calculation, and the
directive provides instructions for
completing alternative calculations or
assessments where appropriate.
Negligible Impact Determination
NMFS evaluated the impact of the
WA/OR/CA sablefish pot fishery
following the directive and based on the
best available scientific information,
made a preliminary NID. The NID
analysis is presented in the
accompanying MMPA 101(a)(5)(E)
evaluation document that provides
summaries of the information used to
evaluate each ESA-listed stock
documented on the 2024 MMPA LOF as
killed or injured incidental to the
fishery (available at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/listfisheries-summary-tables). The draft
MMPA 101(a)(5)(E) evaluation
document is available at: https://
www.regulations.gov/docket/NOAANMFS-2024-0087.
The Central America/Southern
Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks of humpback
whale are transboundary stocks. As
noted above, because of the uncertainty
regarding M/SI that occurs outside of
U.S. waters for transboundary stocks,
we assumed that total M/SI exceeds
NITt for the above transboundary stocks
and proceeded directly to the Tier 2
NITs analysis.
The most recent SARs for the Central
America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA
stocks of humpback whale include
fishery-related M/SI not assigned to a
specific commercial fishery
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16:45 Sep 09, 2024
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(information provided in NID analyzes
summaries where applicable below).
This unattributed fishery-related M/SI
could be from any number of
commercial, recreational, or tribal
fisheries, including the WA/OR/CA
sablefish pot fishery. Because data are
not currently available to assign the
unattributed fishery-related M/SI to a
specific commercial fishery, we did not
include unattributed mortality in the
calculations for NID Tier 2 analyses
(described below). NMFS is actively
monitoring the WA/OR/CA sablefish pot
fishery through a fishery observer
program. If additional fishery-related M/
SI is documented through the observer
program that indicates additional M/SI
of the Central America/Southern
Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks of humpback
whale, then NMFS will re-evaluate the
NID and the permit.
Based on the criteria outlined in the
directive, the most recent SARs, and the
best available scientific information,
NMFS has determined that the M/SI of
Central America/Southern Mexico-CA/
OR/WA and Mainland Mexico-CA/OR/
WA stocks of humpback whale
incidental to the WA/OR/CA sablefish
pot fishery will have a negligible impact
on these stocks. Accordingly, this
MMPA 101(a)(5)(E) requirement is
satisfied for WA/OR/CA sablefish pot
fishery (see draft MMPA 101(a)(5)(E)
determination document is available at:
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0087). Summaries of
the NID analyses are provided below.
The Category II WA/OR/CA sablefish
pot fishery has documented incidental
M/SI of the Central America/Southern
Mexico-CA/OR/WA stock of humpback
whale. The 2022 SAR includes a mean
annual total commercial fishery-related
M/SI (8.1) for the Central America/
Southern Mexico-CA/OR/WA stock of
humpback whale (Carretta et al. 2023).
This comprises M/SI from all
commercial fisheries, including the
WA/OR/CA sablefish pot fishery, as
well as fishery-related M/SI for the stock
not assigned to a specific commercial
fishery. The SAR also includes
unattributed fishery-related M/SI (4.582)
for the stock, which is not assigned to
a specific commercial fishery.
The estimated M/SI of humpback
whales (Central America/Southern
Mexico-CA/OR/WA stock) in the WA/
OR/CA sablefish pot fishery is 0.66
(Carretta et al. 2023). Since this M/SI
(0.66) is less than NITs (0.68), NMFS
determined that the WA/OR/CA
sablefish pot fishery has a negligible
impact on the Central America/
Southern Mexico-CA/OR/WA stock of
humpback whale (see accompanying
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73379
MMPA 101(a)(5)(E) evaluation
document).
The Category II WA/OR/CA sablefish
pot fishery has documented incidental
M/SI of the Mainland Mexico-CA/OR/
WA stock of humpback whale. The 2022
SAR includes a mean annual total
commercial fishery-related M/SI (11.4)
for the Mainland Mexico-CA/OR/WA
stock of humpback whale (Carretta et al.
2023). This comprises M/SI from all
commercial fisheries, including the
WA/OR/CA sablefish pot fishery, as
well as fishery-related M/SI for the stock
not assigned to a specific commercial
fishery. The SAR also includes
unattributed fishery-related M/SI (6.431)
for the stock, which is not assigned to
a specific commercial fishery.
The estimated M/SI of humpback
whales (Mainland Mexico-CA/OR/WA
stock) in the WA/OR/CA sablefish pot
fishery is 0.902 (Carretta et al. 2023).
Since this M/SI (0.902) is less than NITs
(1.70), NMFS determined that the WA/
OR/CA sablefish pot fishery has a
negligible impact on the Mainland
Mexico-CA/OR/WA stock of humpback
whale (see accompanying MMPA
101(a)(5)(E) evaluation document).
Recovery Plans
A recovery plan for the global listing
humpback whales was developed in
1991. Also, a new recovery plan for
humpback whales is being developed.
In 2016, NMFS revised the listing status
of the humpback whale under the ESA.
The globally listed endangered species
was divided into 14 distinct population
segments (DPSs), the species-level
listing was removed, and NMFS listed
four DPSs as endangered and one DPS
as threatened (81 FR 62260, September
8, 2016). In June 2022, NMFS published
a recovery outline for the Central
America, Mexico, and Western North
Pacific DPSs of humpback whales
(https://www.fisheries.noaa.gov/
resource/document/recovery-outlinecentral-america-mexico-and-westernnorth-pacific-distinct). The recovery
outline serves as an interim guidance
document and, with the existing
species-wide recovery plan, directs
recovery efforts, including recovery
planning, for the Central America
(Central America/Southern Mexico-CA/
OR/WA stock) and Mexico (Mainland
Mexico-CA/OR/WA stock) DPSs of
humpback whales. Once finalized, the
new recovery plan will replace the
species-wide recovery plan that was
published in 1991.
Accordingly, the requirement that a
recovery plan has been developed
pursuant to the ESA is satisfied.
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Take Reduction Plan
The MMPA section 118 requires the
development and implementation of a
TRP for each strategic stock that
interacts with a Category I or II fishery.
Subject to available funding, the
Secretary shall give highest priority to
the development of TRPs for species or
stocks whose M/SI exceeds potential
biological removal level, have a small
population size, and which are
declining most rapidly. The stocks
considered for these permits are
designated as strategic stocks under the
MMPA because the stocks or a
component of the stocks are listed as
threatened species or endangered
species under the ESA (MMPA section
3(19)(C)). A TRP for the WA/OR/CA
sablefish pot fishery and the affected
marine mammal species or stocks
(Central America/Southern Mexico-CA/
OR/WA and Mainland Mexico-CA/OR/
WA stocks of humpback whale) is under
development.
On September 29, 2023, NMFS
published a notice (Scoping for a
Marine Mammal Take Reduction Team
to Address Incidental Mortality and
Serious Injury of Humpback Whale
Stocks in the Pacific, 88 FR 67254)
expressing NMFS’ intent to establish a
TRT to develop a TRP to address the
incidental mortality and serious injury
of the Central America/Southern
Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks of humpback
whales in the WA/OR/CA sablefish pot
fishery and seeking input on whether
other Category I or II fisheries that
incidentally kill or seriously injure
these stocks of humpback whales
should be addressed by the Team. For
more information, please see https://
www.fisheries.noaa.gov/west-coast/
marine-mammal-protection/west-coasttake-reduction-team.
Accordingly, the requirement under
MMPA section 118 to have TRPs in
place or in development is satisfied (see
preliminary determination supporting
the permit available on the internet at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0087).
Monitoring Program
Under MMPA section 118(d), NMFS
is to establish a program for monitoring
incidental M/SI of marine mammals
from commercial fishing operations.
The WA/OR/CA sablefish pot fishery is
monitored by a NMFS fishery observer
program. Accordingly, the requirement
under MMPA section 118 to have a
monitoring program in place is satisfied.
Vessel Registration
MMPA section 118(c) requires that
vessels participating in Category I and II
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fisheries register to obtain an
authorization to take marine mammals
incidental to fishing activities. NMFS
has integrated the MMPA registration
process, implemented through the
Marine Mammal Authorization
Program, with existing state and Federal
fishery license, registration, or permit
systems for Category I and II fisheries on
the LOF. Therefore, the requirement for
vessel registration is satisfied.
Conclusions for Proposed Permit
Based on the above evaluation for the
WA/OR/CA sablefish pot fishery as it
relates to the three requirements of
MMPA section 101(a)(5)(E), we propose
to issue a MMPA 101(a)(5)(E) permit to
the WA/OR/CA sablefish pot fishery to
authorize the incidental take of ESAlisted species or stocks during
commercial fishing operations. If,
during the 3-year authorization, there is
a significant change in the information
or conditions used to support any of
these determinations, NMFS will reevaluate whether to amend or modify
the authorization, after notice and
opportunity for public comment. NMFS
solicits public comments on the
proposed permit and the preliminary
determinations supporting the permit.
ESA Section 7 and National
Environmental Policy Act (NEPA)
Requirements
ESA section 7(a)(2) requires Federal
agencies to ensure that actions they
authorize, fund, or carry out do not
jeopardize the continued existence of
any species listed under the ESA, or
destroy or adversely modify designated
critical habitat of any ESA-listed
species. The effects of WA/OR/CA
sablefish pot commercial fishery on
ESA-listed marine mammals for which
a permit is proposed here, were
analyzed in the appropriate ESA section
7 Biological Opinions on the
commercial fishery (see https://
s3.amazonaws.com/media.fisheries.
noaa.gov/2020-10/Opinion-26OCT2020_
Groundfish%20biop-humpback
supplement_102320_GR.pdf?null), and
incidental take was exempted for those
ESA-listed marine mammals for the
WA/OR/CA sablefish pot fishery in
accordance with the Biological
Opinions’ incidental take statement.
Under section 7 of the ESA, Biological
Opinions quantify the effects of the
proposed action on ESA-listed species
and their critical habitat and, where
appropriate, exempt take of ESA-listed
species that is reasonably certain to
occur, as specified in the incidental take
statement.
Under MMPA section 101(a)(5)(E),
NMFS analyzes previously documented
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
M/SI incidental to commercial fisheries
through the NID process, and when the
necessary findings can be made, issues
a MMPA section 101(a)(5)(E) permit that
allows for an unspecified amount of
incidental taking of specific ESA-listed
marine mammal stocks while engaging
in commercial fishing operations. Thus,
the applicable standards and resulting
analyses under the MMPA and ESA
differ, and as such, do not always align.
NEPA requires Federal agencies to
evaluate the impacts of alternatives for
their actions on the human
environment. Because the proposed
permit would not modify any fishery
operation and the effects of the fishery
operations have been evaluated in
accordance with NEPA, no additional
NEPA analysis beyond that conducted
for the associated Fishery Management
Plans is required for the permit. Issuing
the proposed permit would have no
additional impact on the human
environment or effects on threatened or
endangered species beyond those
analyzed in these documents.
References
Carretta, J.W., E.M. Oleson, K.A. Forney,
M.M. Muto, D.W. Weller, A.R. Lang, J.
Baker, B. Hanson, A.J. Orr, J. Barlow, J.E.
Moore, and R.L. Brownell. 2023. U.S.
Pacific Marine Mammal Stock
Assessments: 2022. U.S. Department of
Commerce. NOAA Technical
Memorandum NMFS–SWFSC–684. 409
p.
National Marine Fisheries Service (NMFS).
2020. National Marine Fisheries Service
Procedure 02–204–02: Criteria for
Determining Negligible Impact under
MMPA Section 101(a)(5)(E). 20 p.
Available online: https://www.fisheries.
noaa.gov/national/laws-and-policies/
protected-resources-policy-directives
Dated: September 4, 2024.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2024–20342 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE275]
Marine Mammals; File No. 28223
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Steven Emslie, Ph.D., University of
SUMMARY:
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73377-73380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20342]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE109]
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Proposed Issuance of a Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing to issue a permit to authorize the
incidental, but not intentional, take of specific Endangered Species
Act (ESA)-listed marine mammal species or stocks under the Marine
Mammal Protection Act (MMPA), in the Washington (WA)/Oregon (OR)/
California (CA) sablefish pot fishery.
DATES: Comments on this action and supporting documents must be
received by October 10, 2024.
ADDRESSES: You may submit comments on the proposed permit and the
preliminary determination supporting the permit, identified by NOAA-
NMFS-2024-0087, through the Federal e-Rulemaking Portal:
1. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0087
in the Search box.
2. Click the ``Comment'' icon, and complete the required fields.
3. Enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous).
The preliminary determination supporting the permit is available on
the internet at https://www.regulations.gov/docket/NOAA-NMFS-2024-0087.
Other supporting information is available on the internet including:
recovery plans for the ESA-listed marine mammal species, https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act; 2024 MMPA List of
Fisheries (LOF), https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables; the most recent Marine Mammal
Stock Assessment Reports (SAR) by region, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region, and stock, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-species-stock; and Take Reduction Teams (TRT)
and Plans, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams.
FOR FURTHER INFORMATION CONTACT: Dan Lawson, West Coast Region, (206)
526-4740, [email protected], or Jaclyn Taylor, NMFS Office of
Protected Resources, (301) 427-8402, [email protected].
SUPPLEMENTARY INFORMATION: The MMPA requires NMFS to authorize the
incidental take of ESA-listed marine mammals in commercial fisheries
provided it can make the following determinations: (1) the incidental
mortality and serious injury (M/SI) from commercial fisheries will have
a negligible impact on the affected species or stocks; (2) a recovery
plan for all affected species or stocks of threatened or endangered
marine mammals has been developed or is being developed pursuant to the
ESA; and (3) where required under MMPA section 118, a take reduction
plan (TRP) has been developed or is being developed, a monitoring
program is established, and vessels participating in the fishery are
registered. We have made a preliminary determination that the Category
II WA/OR/CA sablefish pot fishery meets these three requirements and
propose to issue a permit to the fishery to authorize the incidental
take of ESA-listed marine mammal species or stocks (Central America/
Southern Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of
humpback whale) under the MMPA for a period of 3 years. We solicit
public comments on the proposed issuance of the permit and the
underlying preliminary determination.
Background
The MMPA LOF classifies each commercial fishery as a Category I,
II, or III fishery based on the level of mortality and injury of marine
mammals occurring incidental to each fishery as defined in 50 CFR
229.2. Section 118(c)(2) of the MMPA requires fishing vessels that
operate in Category I and II fisheries to register with NMFS and are
subsequently authorized to incidentally take marine mammals during
commercial fishing operations. However, that authorization is limited
to those marine mammals that are not listed as threatened or endangered
under the ESA. Section 118(a)(2) of the MMPA, 16 U.S.C. 1387(a)(2),
also requires an additional authorization at section 101(a)(5) of the
MMPA, 16 U.S.C. 1371, for incidental taking of ESA-listed marine
mammals. Section 101(a)(5)(E) of the MMPA, 16 U.S.C. 1371, states that
NMFS, as delegated by the Secretary of Commerce, for a period of up to
3 consecutive years shall allow the incidental, but not intentional,
taking of marine mammal species or stocks designated as depleted
because of their listing as an endangered species or threatened species
under the ESA, 16 U.S.C. 1531 et seq., by persons using vessels of the
United States, while engaging in commercial fishing operations, if NMFS
makes certain
[[Page 73378]]
determinations. NMFS must determine, after notice and opportunity for
public comment, that: (1) incidental M/SI from commercial fisheries
will have a negligible impact on the affected species or stock; (2) a
recovery plan has been developed or is being developed for such species
or stock pursuant to the ESA; and (3) where required under section 118
of the MMPA, a monitoring program has been established, vessels engaged
in such fisheries are registered in accordance with section 118 of the
MMPA, and a TRP has been developed or is being developed for such
species or stock.
The LOF includes a list of marine mammal species or stocks
incidentally killed or injured in each commercial fishery. We evaluated
ESA-listed stocks or species included on the final 2024 MMPA LOF (89 FR
12257, February 16, 2024) as killed or seriously injured following
NMFS' Procedural Directive 02-238 ``Process for Distinguishing Serious
from Non-Serious Injury of Marine Mammals.'' Based on this evaluation,
we propose to issue a permit under MMPA section 101(a)(5)(E) to vessels
registered in the Category II WA/OR/CA sablefish pot fishery, as
classified on the final 2024 MMPA LOF, to incidentally kill or
seriously injure individuals from the Central America/Southern Mexico-
CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whale.
Category III fisheries are those commercial fisheries that have a
remote likelihood of or no known incidental mortality or serious injury
of marine mammals (MMPA section 118(c)(1)(A)(iii)). All commercial
fisheries classified as Category III on the most current LOF do not
require MMPA 101(a)(5)(E) authorization so long as any mortality or
injury of marine mammals incidental to their operations is reported
pursuant to MMPA section 118(e). Furthermore, per NMFS' Procedural
Directive 02-204-02 (procedural directive), ``Criteria for Determining
Negligible Impact under MMPA section 101(a)(5)(E)'' (NMFS 2020), NMFS
considers such Category III fisheries to have a negligible impact on
that marine mammal stock or species.
In addition, specifically for the purposes of MMPA section
101(a)(5)(E), commercial fisheries classified as Category I or II on
the LOF solely because of incidental M/SI of non-ESA-listed marine
mammals meet the definition of a Category III commercial fishery with
respect to ESA-listed stocks or species because the fishery has a
remote likelihood of or no known incidental M/SI of ESA-listed marine
mammals (NMFS 2020). In other words, if the commercial fishery is a
Category I or II fishery because of incidental take of non-ESA listed
marine mammals, we consider it a Category III fishery here. We have
determined that the Category II Atlantic mixed species trap/pot fishery
meets this criterion. This fishery does not require MMPA 101(a)(5)(E)
authorization and is not subject to the ESA prohibition against
incidentally taking marine mammals from endangered or threatened stocks
and not subject to any penalties, provided any marine mammal
mortalities or injuries are reported as required under MMPA section
118(e).
NMFS regularly evaluates other commercial fisheries for purposes of
making a negligible impact determination (NID) and issuing section
101(a)(5)(E) authorizations with the annual LOF as new information
becomes available. More information about the fisheries is available in
the 2024 MMPA LOF (89 FR 12257, February 16, 2024) and on the internet
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables.
We reviewed the best available scientific information to determine
if the fishery met the three requirements of MMPA section 101(a)(5)(E)
for issuing a permit. This information is included in the 2024 MMPA LOF
(89 FR 12257, February 16, 2024), the SARs for these species (available
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports), recovery plans for these
species (available at: https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act), and other relevant information, as detailed further in
the documents describing the preliminary determination supporting the
permit (available at: https://www.regulations.gov/docket/NOAA-NMFS-2024-0087).
Basis for Determining Negligible Impact
Prior to issuing an MMPA 101(a)(5)(E) permit to take ESA-listed
marine mammals incidental to commercial fishing, NMFS must determine if
the M/SI incidental to commercial fisheries will have a negligible
impact on the affected marine mammal species or stocks. NMFS satisfies
this requirement by making a NID. Although the MMPA does not define
``negligible impact,'' NMFS has issued regulations providing a
qualitative definition of ``negligible impact,'' defined in 50 CFR
216.103, as an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Criteria for Determining Negligible Impact
NMFS uses a quantitative approach for determining negligible impact
detailed in NMFS Procedural Directive 02-204-02 (directive), ``Criteria
for Determining Negligible Impact under MMPA section 101(a)(5)(E),''
which became effective on June 17, 2020 (NMFS 2020). The procedural
directive is available online at: https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives. The
directive describes NMFS' process for determining whether incidental M/
SI from commercial fisheries will have a negligible impact on ESA-
listed marine mammal species/stocks (the first requirement necessary
for issuing a MMPA section 101(a)(5)(E) permit as noted above).
The directive first describes the derivation of two Negligible
Impact Thresholds (NIT), which represent levels of removal from a
marine mammal species or stock. The first, Total Negligible Impact
Threshold (NITt), represents the total amount of human-
caused M/SI that NMFS considers negligible for a given stock. The
second, lower threshold, Single NIT (NITs) represents the
level of M/SI from a single commercial fishery that NMFS considers
negligible for a stock. NITs was developed in recognition
that some stocks may experience non-negligible levels of total human-
caused M/SI but one or more individual fisheries may contribute a very
small portion of that M/SI, and the effect of an individual fishery may
be considered negligible.
The directive describes a detailed process for using these NIT
values to conduct a NID analysis for each fishery classified as a
Category I or II fishery on the MMPA LOF. The NID process uses a two-
tiered analysis. The Tier 1 analysis first compares the total human-
caused M/SI for a particular stock to NITt. If
NITt is not exceeded, then all commercial fisheries that
kill or seriously injure the stock are determined to have a negligible
impact on the particular stock. If NITt is exceeded, then
the Tier 2 analysis compares each individual fishery's M/SI for a
particular stock to NITs. If NITs is not
exceeded, then the commercial fishery is determined to have a
negligible impact on that particular stock. For transboundary,
migratory stocks, because of the uncertainty regarding the M/SI that
occurs outside of U.S. waters, we assume that total M/SI exceeds
NITt and proceed directly to
[[Page 73379]]
the Tier 2 NITs analysis. If a commercial fishery has a
negligible impact across all ESA-listed stocks, then the first of three
findings necessary for issuing a MMPA 101(a)(5)(E) permit to the
commercial fishery has been met (i.e., a NID). If a commercial fishery
has a non-negligible impact on any ESA-listed stock, then NMFS cannot
issue a MMPA 101(a)(5)(E) permit for the fishery to incidentally take
ESA-listed marine mammals.
These NID criteria rely on the best available scientific
information, including estimates of a stock's minimum population size
and human-caused M/SI levels, as published in the most recent SARs and
other supporting documents, as appropriate. Using these inputs, the
quantitative negligible impact thresholds allow for straightforward
calculations that lead to clear negligible or non-negligible impact
determinations for each commercial fishery analyzed. In rare cases,
robust data may be unavailable for a straightforward calculation, and
the directive provides instructions for completing alternative
calculations or assessments where appropriate.
Negligible Impact Determination
NMFS evaluated the impact of the WA/OR/CA sablefish pot fishery
following the directive and based on the best available scientific
information, made a preliminary NID. The NID analysis is presented in
the accompanying MMPA 101(a)(5)(E) evaluation document that provides
summaries of the information used to evaluate each ESA-listed stock
documented on the 2024 MMPA LOF as killed or injured incidental to the
fishery (available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables). The draft MMPA
101(a)(5)(E) evaluation document is available at: https://www.regulations.gov/docket/NOAA-NMFS-2024-0087.
The Central America/Southern Mexico-CA/OR/WA and Mainland Mexico-
CA/OR/WA stocks of humpback whale are transboundary stocks. As noted
above, because of the uncertainty regarding M/SI that occurs outside of
U.S. waters for transboundary stocks, we assumed that total M/SI
exceeds NITt for the above transboundary stocks and
proceeded directly to the Tier 2 NITs analysis.
The most recent SARs for the Central America/Southern Mexico-CA/OR/
WA and Mainland Mexico-CA/OR/WA stocks of humpback whale include
fishery-related M/SI not assigned to a specific commercial fishery
(information provided in NID analyzes summaries where applicable
below). This unattributed fishery-related M/SI could be from any number
of commercial, recreational, or tribal fisheries, including the WA/OR/
CA sablefish pot fishery. Because data are not currently available to
assign the unattributed fishery-related M/SI to a specific commercial
fishery, we did not include unattributed mortality in the calculations
for NID Tier 2 analyses (described below). NMFS is actively monitoring
the WA/OR/CA sablefish pot fishery through a fishery observer program.
If additional fishery-related M/SI is documented through the observer
program that indicates additional M/SI of the Central America/Southern
Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whale,
then NMFS will re-evaluate the NID and the permit.
Based on the criteria outlined in the directive, the most recent
SARs, and the best available scientific information, NMFS has
determined that the M/SI of Central America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA stocks of humpback whale incidental to the
WA/OR/CA sablefish pot fishery will have a negligible impact on these
stocks. Accordingly, this MMPA 101(a)(5)(E) requirement is satisfied
for WA/OR/CA sablefish pot fishery (see draft MMPA 101(a)(5)(E)
determination document is available at: https://www.regulations.gov/docket/NOAA-NMFS-2024-0087). Summaries of the NID analyses are provided
below.
The Category II WA/OR/CA sablefish pot fishery has documented
incidental M/SI of the Central America/Southern Mexico-CA/OR/WA stock
of humpback whale. The 2022 SAR includes a mean annual total commercial
fishery-related M/SI (8.1) for the Central America/Southern Mexico-CA/
OR/WA stock of humpback whale (Carretta et al. 2023). This comprises M/
SI from all commercial fisheries, including the WA/OR/CA sablefish pot
fishery, as well as fishery-related M/SI for the stock not assigned to
a specific commercial fishery. The SAR also includes unattributed
fishery-related M/SI (4.582) for the stock, which is not assigned to a
specific commercial fishery.
The estimated M/SI of humpback whales (Central America/Southern
Mexico-CA/OR/WA stock) in the WA/OR/CA sablefish pot fishery is 0.66
(Carretta et al. 2023). Since this M/SI (0.66) is less than
NITs (0.68), NMFS determined that the WA/OR/CA sablefish pot
fishery has a negligible impact on the Central America/Southern Mexico-
CA/OR/WA stock of humpback whale (see accompanying MMPA 101(a)(5)(E)
evaluation document).
The Category II WA/OR/CA sablefish pot fishery has documented
incidental M/SI of the Mainland Mexico-CA/OR/WA stock of humpback
whale. The 2022 SAR includes a mean annual total commercial fishery-
related M/SI (11.4) for the Mainland Mexico-CA/OR/WA stock of humpback
whale (Carretta et al. 2023). This comprises M/SI from all commercial
fisheries, including the WA/OR/CA sablefish pot fishery, as well as
fishery-related M/SI for the stock not assigned to a specific
commercial fishery. The SAR also includes unattributed fishery-related
M/SI (6.431) for the stock, which is not assigned to a specific
commercial fishery.
The estimated M/SI of humpback whales (Mainland Mexico-CA/OR/WA
stock) in the WA/OR/CA sablefish pot fishery is 0.902 (Carretta et al.
2023). Since this M/SI (0.902) is less than NITs (1.70),
NMFS determined that the WA/OR/CA sablefish pot fishery has a
negligible impact on the Mainland Mexico-CA/OR/WA stock of humpback
whale (see accompanying MMPA 101(a)(5)(E) evaluation document).
Recovery Plans
A recovery plan for the global listing humpback whales was
developed in 1991. Also, a new recovery plan for humpback whales is
being developed. In 2016, NMFS revised the listing status of the
humpback whale under the ESA. The globally listed endangered species
was divided into 14 distinct population segments (DPSs), the species-
level listing was removed, and NMFS listed four DPSs as endangered and
one DPS as threatened (81 FR 62260, September 8, 2016). In June 2022,
NMFS published a recovery outline for the Central America, Mexico, and
Western North Pacific DPSs of humpback whales (https://www.fisheries.noaa.gov/resource/document/recovery-outline-central-america-mexico-and-western-north-pacific-distinct). The recovery
outline serves as an interim guidance document and, with the existing
species-wide recovery plan, directs recovery efforts, including
recovery planning, for the Central America (Central America/Southern
Mexico-CA/OR/WA stock) and Mexico (Mainland Mexico-CA/OR/WA stock) DPSs
of humpback whales. Once finalized, the new recovery plan will replace
the species-wide recovery plan that was published in 1991.
Accordingly, the requirement that a recovery plan has been
developed pursuant to the ESA is satisfied.
[[Page 73380]]
Take Reduction Plan
The MMPA section 118 requires the development and implementation of
a TRP for each strategic stock that interacts with a Category I or II
fishery. Subject to available funding, the Secretary shall give highest
priority to the development of TRPs for species or stocks whose M/SI
exceeds potential biological removal level, have a small population
size, and which are declining most rapidly. The stocks considered for
these permits are designated as strategic stocks under the MMPA because
the stocks or a component of the stocks are listed as threatened
species or endangered species under the ESA (MMPA section 3(19)(C)). A
TRP for the WA/OR/CA sablefish pot fishery and the affected marine
mammal species or stocks (Central America/Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of humpback whale) is under
development.
On September 29, 2023, NMFS published a notice (Scoping for a
Marine Mammal Take Reduction Team to Address Incidental Mortality and
Serious Injury of Humpback Whale Stocks in the Pacific, 88 FR 67254)
expressing NMFS' intent to establish a TRT to develop a TRP to address
the incidental mortality and serious injury of the Central America/
Southern Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of
humpback whales in the WA/OR/CA sablefish pot fishery and seeking input
on whether other Category I or II fisheries that incidentally kill or
seriously injure these stocks of humpback whales should be addressed by
the Team. For more information, please see https://www.fisheries.noaa.gov/west-coast/marine-mammal-protection/west-coast-take-reduction-team.
Accordingly, the requirement under MMPA section 118 to have TRPs in
place or in development is satisfied (see preliminary determination
supporting the permit available on the internet at https://www.regulations.gov/docket/NOAA-NMFS-2024-0087).
Monitoring Program
Under MMPA section 118(d), NMFS is to establish a program for
monitoring incidental M/SI of marine mammals from commercial fishing
operations. The WA/OR/CA sablefish pot fishery is monitored by a NMFS
fishery observer program. Accordingly, the requirement under MMPA
section 118 to have a monitoring program in place is satisfied.
Vessel Registration
MMPA section 118(c) requires that vessels participating in Category
I and II fisheries register to obtain an authorization to take marine
mammals incidental to fishing activities. NMFS has integrated the MMPA
registration process, implemented through the Marine Mammal
Authorization Program, with existing state and Federal fishery license,
registration, or permit systems for Category I and II fisheries on the
LOF. Therefore, the requirement for vessel registration is satisfied.
Conclusions for Proposed Permit
Based on the above evaluation for the WA/OR/CA sablefish pot
fishery as it relates to the three requirements of MMPA section
101(a)(5)(E), we propose to issue a MMPA 101(a)(5)(E) permit to the WA/
OR/CA sablefish pot fishery to authorize the incidental take of ESA-
listed species or stocks during commercial fishing operations. If,
during the 3-year authorization, there is a significant change in the
information or conditions used to support any of these determinations,
NMFS will re-evaluate whether to amend or modify the authorization,
after notice and opportunity for public comment. NMFS solicits public
comments on the proposed permit and the preliminary determinations
supporting the permit.
ESA Section 7 and National Environmental Policy Act (NEPA) Requirements
ESA section 7(a)(2) requires Federal agencies to ensure that
actions they authorize, fund, or carry out do not jeopardize the
continued existence of any species listed under the ESA, or destroy or
adversely modify designated critical habitat of any ESA-listed species.
The effects of WA/OR/CA sablefish pot commercial fishery on ESA-listed
marine mammals for which a permit is proposed here, were analyzed in
the appropriate ESA section 7 Biological Opinions on the commercial
fishery (see https://s3.amazonaws.com/media.fisheries.noaa.gov/2020-10/Opinion-26OCT2020_Groundfish%20biop-humpbacksupplement_102320_GR.pdf?null), and incidental take was
exempted for those ESA-listed marine mammals for the WA/OR/CA sablefish
pot fishery in accordance with the Biological Opinions' incidental take
statement. Under section 7 of the ESA, Biological Opinions quantify the
effects of the proposed action on ESA-listed species and their critical
habitat and, where appropriate, exempt take of ESA-listed species that
is reasonably certain to occur, as specified in the incidental take
statement.
Under MMPA section 101(a)(5)(E), NMFS analyzes previously
documented M/SI incidental to commercial fisheries through the NID
process, and when the necessary findings can be made, issues a MMPA
section 101(a)(5)(E) permit that allows for an unspecified amount of
incidental taking of specific ESA-listed marine mammal stocks while
engaging in commercial fishing operations. Thus, the applicable
standards and resulting analyses under the MMPA and ESA differ, and as
such, do not always align.
NEPA requires Federal agencies to evaluate the impacts of
alternatives for their actions on the human environment. Because the
proposed permit would not modify any fishery operation and the effects
of the fishery operations have been evaluated in accordance with NEPA,
no additional NEPA analysis beyond that conducted for the associated
Fishery Management Plans is required for the permit. Issuing the
proposed permit would have no additional impact on the human
environment or effects on threatened or endangered species beyond those
analyzed in these documents.
References
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments:
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
National Marine Fisheries Service (NMFS). 2020. National Marine
Fisheries Service Procedure 02-204-02: Criteria for Determining
Negligible Impact under MMPA Section 101(a)(5)(E). 20 p. Available
online: https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives
Dated: September 4, 2024.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-20342 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-22-P
