Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Issuance of Permit, 12148-12152 [2025-04050]
Download as PDF
<![CDATA[
12148
Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 11, 2025.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–04119 Filed 3–13–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE634]
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations;
Proposed Issuance of 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 Category II California
(CA) thresher shark/swordfish drift
gillnet (≥14 inch (in) mesh) fishery and
the corresponding high seas component
of the fishery as defined on the MMPA
List of Fisheries as the Pacific highly
migratory species drift gillnet fishery
(hereinafter, collectively referred to as
the CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet fishery.
DATES: Comments on this action and
supporting documents must be received
by April 14, 2025.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:09 Mar 13, 2025
Jkt 265001
You may submit comments
on the proposed permit and the
preliminary determination supporting
the permit, identified by NOAA–NMFS–
2025–0007, through the Federal eRulemaking Portal:
1. Go to https://www.regulations.gov
and enter NOAA–NMFS–2025–0007 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-2025–-0007. 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.
ADDRESSES:
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.
SUPPLEMENTARY INFORMATION: The
MMPA requires NMFS to authorize the
incidental take of ESA-listed marine
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
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 CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet 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; CA/OR/WA
stock of sperm 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
E:\FR\FM\14MRN1.SGM
14MRN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
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 CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet 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 and CA/OR/WA stock
of sperm whale.
NMFS regularly evaluates 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/listfisheries-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-species-conservation/
recovery-species-under-endangered-
VerDate Sep<11>2014
16:09 Mar 13, 2025
Jkt 265001
species-act), and other relevant
information, as detailed further in the
document describing the preliminary
determination supporting the permit
(available at: https://
www.regulations.gov/docket/NOAANMFS-2025–0007).
Basis for Determining Negligible Impact
Prior to issuing a 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/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
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
12149
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 commercial
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, where the M/SI that
occurs outside of U.S. waters is
uncertain, we assume that total M/SI
exceeds NITt and proceed directly to 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 CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet 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
E:\FR\FM\14MRN1.SGM
14MRN1
lotter on DSK11XQN23PROD with NOTICES1
12150
Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
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-2025-0007.
The Central America/Southern
Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks of humpback
whale are transboundary stocks. The
CA/OR/WA stock of sperm whales is
also a transboundary stock based on the
description of the stock’s geographic
range in the 2023 SAR (Carretta et al.
2024). A recent study by Wild et al.
(2024) found that after foraging in the
Gulf of Alaska, tagged male sperm
whales travelled south, along the west
coast of North America, down to
Mexican waters. Because the M/SI that
occurs outside of U.S. waters for these
transboundary stocks is uncertain, we
assumed that total M/SI exceeds NITt for
these stocks and proceeded directly to
the Tier 2 NITs analysis.
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 and CA/
OR/WA stock of sperm whale incidental
to the CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet fishery
will have a negligible impact on these
stocks. Accordingly, this MMPA
101(a)(5)(E) requirement is satisfied for
CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet fishery
(see draft MMPA 101(a)(5)(E)
determination document is available at:
https://www.regulations.gov/docket/
NOAA-NMFS-2025-0007). Summaries of
the NID analyses are provided below.
The Category II CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet 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)
(data from 2016–2020) 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 CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet fishery, as well as
fishery-related M/SI for the stock not
VerDate Sep<11>2014
16:09 Mar 13, 2025
Jkt 265001
assigned to a specific commercial
fishery.
A more recent publication, Carretta
2023, includes bycatch data from 1990
through 2022 for the CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet fishery. Using M/SI from 2018–
2022 from Carretta 2023, estimated M/
SI of humpback whales (Central
America/Southern Mexico-CA/OR/WA
stock) in the CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet fishery is 0.170 (Carretta 2023).
Since this M/SI (0.170) is less than NITs
(0.68), NMFS preliminarily determined
that the CA thresher shark/swordfish
drift gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet 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 CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet 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) (data from 2016–2020) 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 CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet fishery, as well as
fishery-related M/SI for the stock not
assigned to a specific commercial
fishery.
A more recent publication, Carretta
2023, includes bycatch data from 1990
through 2022 for the CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet fishery. Using M/SI from 2018–
2022, estimated M/SI of humpback
whales (Mainland Mexico-CA/OR/WA
stock) in the CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet fishery is 0.231 (Carretta 2023).
Since this M/SI (0.231) is less than NITs
(1.70), NMFS preliminarily determined
that the CA thresher shark/swordfish
drift gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet 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).
The Category II CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet fishery has documented
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
incidental M/SI of the CA/OR/WA stock
of sperm whale in the 2023 SAR. Mean
annual total commercial fishery-related
M/SI for the CA/OR/WA stock of sperm
whales from 2017–2021 is 0.52 (Carretta
et al. 2024). This comprises M/SI from
all commercial fisheries, including the
CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet fishery, as
well as fishery-related M/SI for the stock
not assigned to a specific commercial
fishery.
Carretta 2023, includes bycatch data
from 1990 through 2022 for the CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet fishery. Using M/SI
from 2018–2022, estimated M/SI of
sperm whales (CA/OR/WA stock) in the
CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet fishery is
0.00 (Carretta 2023). Since this M/SI
(0.00) is less than NITs (0.523), NMFS
preliminarily determined that the CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet fishery has a
negligible impact on the CA/OR/WA
stock of sperm whale (see
accompanying MMPA 101(a)(5)(E)
evaluation document).
The most recent SARs for the Central
America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA
stocks of humpback whale and CA/OR/
WA stock of sperm whale include
fishery-related M/SI not assigned to a
specific commercial fishery. This
unattributed fishery-related M/SI could
be from any number of commercial,
recreational, or tribal fisheries.
However, because this fishery is
observed (∼20 percent observer
coverage) we are confident that any
unobserved humpback or sperm whale
M/SI in the CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet fishery is accounted for in the
model-based M/SI estimates for these
stocks (Carretta 2023). Given this, any
unattributed fishery-related M/SI that
may be incidental to this specific
commercial fishery is already accounted
for, and we did not include unattributed
mortality in the calculations for NID
Tier 2 analyses (described above).
NMFS is actively monitoring the CA
thresher shark/swordfish drift gillnet
(≥14 in mesh)/Pacific highly migratory
species drift gillnet fishery through a
fishery observer program. If additional
fishery-related M/SI is documented
through the observer program and
required reporting that indicates
additional M/SI of the Central America/
Southern Mexico-CA/OR/WA and
E:\FR\FM\14MRN1.SGM
14MRN1
Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
Mainland Mexico-CA/OR/WA stocks of
humpback whale or CA/OR/WA stock of
sperm whale is occurring, then NMFS
will re-evaluate the NIDs and the
permit.
lotter on DSK11XQN23PROD with NOTICES1
Recovery Plans
A recovery plan for sperm whales has
been developed (see https://
www.fisheries.noaa.gov/national/
endangered-species-conservation/
recovery-species-under-endangeredspecies-act).
A recovery plan for the globally ESAlisted humpback whale species was
developed in 1991. 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 and
Mexico DPSs of humpback whales.
These DPSs correspond with the Central
America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA
stocks of humpback whales,
respectively. Once finalized, the new
recovery plan will replace the specieswide recovery plan.
Accordingly, the requirement that a
recovery plan has been developed
pursuant to the ESA is satisfied.
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 CA thresher
shark/swordfish drift gillnet (≥14 in
VerDate Sep<11>2014
16:09 Mar 13, 2025
Jkt 265001
mesh)/Pacific highly migratory species
drift gillnet 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 and CA/
OR/WA stock of sperm whale) has been
developed (see Pacific Offshore
Cetacean Take Reduction Plan).
Accordingly, the requirement under
MMPA section 118 to have a TRP 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-2025-0007).
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 CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet 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
CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet 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 CA thresher shark/swordfish drift
gillnet (≥14 in mesh)/Pacific highly
migratory species drift gillnet 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.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
12151
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 CA thresher
shark/swordfish drift gillnet (≥14 in
mesh)/Pacific highly migratory species
drift gillnet fishery on ESA-listed
marine mammals for which a permit is
proposed here, were analyzed in the
appropriate ESA section 7 Biological
Opinion on the commercial fishery (see
https://repository.library.noaa.gov/view/
noaa/51058), and incidental take was
exempted for those ESA-listed marine
mammals for the CA thresher shark/
swordfish drift gillnet (≥14 in mesh)/
Pacific highly migratory species drift
gillnet 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 ESAlisted 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, James V. 2023. Estimates of Marine
Mammal, Sea Turtle, and Seabird
Bycatch in the California Large-Mesh
Drift Gillnet Fishery: 1990–2022. U.S.
E:\FR\FM\14MRN1.SGM
14MRN1
12152
Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Notices
Department of Commerce, NOAA
Technical Memorandum NMFS–
SWFSC–687. 67 p.
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.
Carretta, J.W., E.M. Oleson, K.A. Forney, A.L.
Bradford, K. Yano, D.W. Weller, A.R.
Lang, J. Baker, B. Hanson, A.J. Orr, J.E.
Moore, M. Wallen and R.L. Brownell.
2024. U.S. Pacific Marine Mammal Stock
Assessments: 2023. U.S. Department of
Commerce. NOAA Technical
Memorandum. NMFS–SWFSC–704. 420
p.
Wild, L.A., Mueter, F.J., Straley, J.M. and
Andrews, R.D., 2024. Movement and
Diving Behavior of Satellite-Tagged Male
Sperm Whales in the Gulf of Alaska.
Frontiers in Marine Science, 11,
p.1394687.
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/lawsand-policies/protected-resources-policydirectives.
Dated: March 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2025–04050 Filed 3–13–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
South Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Executive
Committee (partially closed session) via
webinar to discuss the Council budget
and workplan.
DATES: The meeting will be held from 10
a.m. until 11:30 a.m. on Friday, April
11, 2025.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. Webinar registration
lotter on DSK11XQN23PROD with NOTICES1
VerDate Sep<11>2014
16:09 Mar 13, 2025
Jkt 265001
FOR FURTHER INFORMATION CONTACT:
Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 302–8440 or
email: kim.iverson@safmc.net.
Meeting
information, including the webinar
registration link, online public comment
form, agenda, and briefing book
materials will be posted on the
Council’s website at: https://safmc.net/
council-meetings/. Comments become
part of the Administrative Record of the
meeting and will automatically be
posted to the website and available for
Council consideration.
At this meeting, the Council’s
Executive Committee will review the
2025 Council budget and the status of
funding disbursements. The Committee
will consider if the 2025 budget requires
modifications to address funding levels
and availability. The meeting will
include a closed session to discuss
personnel and contract topics.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
[RTID 0648–XE744]
SUMMARY:
is required. Details are included in the
SUPPLEMENTARY INFORMATION.
The meeting is physically accessible
to people with disabilities. Requests for
auxiliary aids should be directed to the
Council office (see ADDRESSES) 5 days
prior to the meeting.
Note: The times and sequence
specified in this agenda are subject to
change.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 11, 2025.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–04120 Filed 3–13–25; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE760]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public online
meeting.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
will provide a briefing on preliminary
research and data needs to interested
Pacific Council members, advisory body
members, and the public.
DATES: The online briefing will be held
Tuesday, April 1, 2025, from 1 p.m.
until 2 p.m. (Pacific Standard Time) or
until discussion is finished.
ADDRESSES: This meeting will be
conducted online. Specific meeting
information, including directions on
how to join the meeting and system
requirements, will be provided in the
workshop announcement on the Pacific
Council’s website (see
www.pcouncil.org). You may send an
email to Mr. Kris Kleinschmidt
(kris.kleinschmidt@noaa.gov) or contact
him at (503) 820–2412 for technical
assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220.
FOR FURTHER INFORMATION CONTACT:
Marlene A. Bellman, Staff Officer,
Pacific Council; telephone: (503) 820–
2414, email: marlene.bellman@
pcouncil.org.
SUMMARY:
The
Pacific Council is scheduled to identify
preliminary research and data need
priorities during their April 2025
meeting, to address the MagnusonStevens Act requirement for Council’s to
develop and communicate multi-year
research needs in order to support the
management of U.S. west coast fisheries.
The Pacific Council’s Scientific and
Statistical Committee recommendations
on current research and data needs will
be published in the advanced briefing
book material prior to this briefing. The
briefing presentation is aimed at a broad
audience of Pacific Council members,
advisory body members, and the public.
The Pacific Council and the Pacific
Council’s Scientific and Statistical
Committee are scheduled to consider
preliminary research and data need
SUPPLEMENTARY INFORMATION:
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 90, Number 49 (Friday, March 14, 2025)]
[Notices]
[Pages 12148-12152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04050]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE634]
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Proposed Issuance of 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 Category II California (CA)
thresher shark/swordfish drift gillnet (>=14 inch (in) mesh) fishery
and the corresponding high seas component of the fishery as defined on
the MMPA List of Fisheries as the Pacific highly migratory species
drift gillnet fishery (hereinafter, collectively referred to as the CA
thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly
migratory species drift gillnet fishery.
DATES: Comments on this action and supporting documents must be
received by April 14, 2025.
ADDRESSES: You may submit comments on the proposed permit and the
preliminary determination supporting the permit, identified by NOAA-
NMFS-2025-0007, through the Federal e-Rulemaking Portal:
1. Go to https://www.regulations.gov and enter NOAA-NMFS-2025-0007
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-2025--
0007. 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 CA thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific
highly migratory species drift gillnet 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; CA/OR/WA stock of sperm 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 12149]]
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 CA thresher shark/swordfish drift gillnet
(>=14 in mesh)/Pacific highly migratory species drift gillnet 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 and CA/
OR/WA stock of sperm whale.
NMFS regularly evaluates 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 document describing the preliminary determination supporting the
permit (available at: https://www.regulations.gov/docket/NOAA-NMFS-
2025-0007).
Basis for Determining Negligible Impact
Prior to issuing a 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 commercial 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, where the M/SI that occurs outside of U.S. waters is
uncertain, we assume that total M/SI exceeds NITt and
proceed directly to 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 CA thresher shark/swordfish drift
gillnet (>=14 in mesh)/Pacific highly migratory species drift gillnet
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
[[Page 12150]]
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-2025-0007.
The Central America/Southern Mexico-CA/OR/WA and Mainland Mexico-
CA/OR/WA stocks of humpback whale are transboundary stocks. The CA/OR/
WA stock of sperm whales is also a transboundary stock based on the
description of the stock's geographic range in the 2023 SAR (Carretta
et al. 2024). A recent study by Wild et al. (2024) found that after
foraging in the Gulf of Alaska, tagged male sperm whales travelled
south, along the west coast of North America, down to Mexican waters.
Because the M/SI that occurs outside of U.S. waters for these
transboundary stocks is uncertain, we assumed that total M/SI exceeds
NITt for these stocks and proceeded directly to the Tier 2
NITs analysis.
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 and CA/OR/WA
stock of sperm whale incidental to the CA thresher shark/swordfish
drift gillnet (>=14 in mesh)/Pacific highly migratory species drift
gillnet fishery will have a negligible impact on these stocks.
Accordingly, this MMPA 101(a)(5)(E) requirement is satisfied for CA
thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly
migratory species drift gillnet fishery (see draft MMPA 101(a)(5)(E)
determination document is available at: https://www.regulations.gov/docket/NOAA-NMFS-2025-0007). Summaries of the NID analyses are provided
below.
The Category II CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet 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) (data from 2016-2020) 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 CA thresher shark/swordfish drift gillnet
(>=14 in mesh)/Pacific highly migratory species drift gillnet fishery,
as well as fishery-related M/SI for the stock not assigned to a
specific commercial fishery.
A more recent publication, Carretta 2023, includes bycatch data
from 1990 through 2022 for the CA thresher shark/swordfish drift
gillnet (>=14 in mesh)/Pacific highly migratory species drift gillnet
fishery. Using M/SI from 2018-2022 from Carretta 2023, estimated M/SI
of humpback whales (Central America/Southern Mexico-CA/OR/WA stock) in
the CA thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific
highly migratory species drift gillnet fishery is 0.170 (Carretta
2023). Since this M/SI (0.170) is less than NITs (0.68),
NMFS preliminarily determined that the CA thresher shark/swordfish
drift gillnet (>=14 in mesh)/Pacific highly migratory species drift
gillnet 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 CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet 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) (data from 2016-2020) 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 CA thresher
shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly migratory
species drift gillnet fishery, as well as fishery-related M/SI for the
stock not assigned to a specific commercial fishery.
A more recent publication, Carretta 2023, includes bycatch data
from 1990 through 2022 for the CA thresher shark/swordfish drift
gillnet (>=14 in mesh)/Pacific highly migratory species drift gillnet
fishery. Using M/SI from 2018-2022, estimated M/SI of humpback whales
(Mainland Mexico-CA/OR/WA stock) in the CA thresher shark/swordfish
drift gillnet (>=14 in mesh)/Pacific highly migratory species drift
gillnet fishery is 0.231 (Carretta 2023). Since this M/SI (0.231) is
less than NITs (1.70), NMFS preliminarily determined that
the CA thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific
highly migratory species drift gillnet 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).
The Category II CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet fishery has
documented incidental M/SI of the CA/OR/WA stock of sperm whale in the
2023 SAR. Mean annual total commercial fishery-related M/SI for the CA/
OR/WA stock of sperm whales from 2017-2021 is 0.52 (Carretta et al.
2024). This comprises M/SI from all commercial fisheries, including the
CA thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly
migratory species drift gillnet fishery, as well as fishery-related M/
SI for the stock not assigned to a specific commercial fishery.
Carretta 2023, includes bycatch data from 1990 through 2022 for the
CA thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly
migratory species drift gillnet fishery. Using M/SI from 2018-2022,
estimated M/SI of sperm whales (CA/OR/WA stock) in the CA thresher
shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly migratory
species drift gillnet fishery is 0.00 (Carretta 2023). Since this M/SI
(0.00) is less than NITs (0.523), NMFS preliminarily
determined that the CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet fishery has a
negligible impact on the CA/OR/WA stock of sperm whale (see
accompanying MMPA 101(a)(5)(E) evaluation document).
The most recent SARs for the Central America/Southern Mexico-CA/OR/
WA and Mainland Mexico-CA/OR/WA stocks of humpback whale and CA/OR/WA
stock of sperm whale include fishery-related M/SI not assigned to a
specific commercial fishery. This unattributed fishery-related M/SI
could be from any number of commercial, recreational, or tribal
fisheries. However, because this fishery is observed (~20 percent
observer coverage) we are confident that any unobserved humpback or
sperm whale M/SI in the CA thresher shark/swordfish drift gillnet (>=14
in mesh)/Pacific highly migratory species drift gillnet fishery is
accounted for in the model-based M/SI estimates for these stocks
(Carretta 2023). Given this, any unattributed fishery-related M/SI that
may be incidental to this specific commercial fishery is already
accounted for, and we did not include unattributed mortality in the
calculations for NID Tier 2 analyses (described above). NMFS is
actively monitoring the CA thresher shark/swordfish drift gillnet (>=14
in mesh)/Pacific highly migratory species drift gillnet fishery through
a fishery observer program. If additional fishery-related M/SI is
documented through the observer program and required reporting that
indicates additional M/SI of the Central America/Southern Mexico-CA/OR/
WA and
[[Page 12151]]
Mainland Mexico-CA/OR/WA stocks of humpback whale or CA/OR/WA stock of
sperm whale is occurring, then NMFS will re-evaluate the NIDs and the
permit.
Recovery Plans
A recovery plan for sperm whales has been developed (see https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act).
A recovery plan for the globally ESA-listed humpback whale species
was developed in 1991. 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 and Mexico DPSs of humpback
whales. These DPSs correspond with the Central America/Southern Mexico-
CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whales,
respectively. Once finalized, the new recovery plan will replace the
species-wide recovery plan.
Accordingly, the requirement that a recovery plan has been
developed pursuant to the ESA is satisfied.
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 CA thresher shark/swordfish drift gillnet (>=14 in mesh)/
Pacific highly migratory species drift gillnet 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 and CA/OR/WA
stock of sperm whale) has been developed (see Pacific Offshore Cetacean
Take Reduction Plan).
Accordingly, the requirement under MMPA section 118 to have a TRP
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-2025-0007).
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 CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet 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 CA thresher shark/swordfish
drift gillnet (>=14 in mesh)/Pacific highly migratory species drift
gillnet 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 CA
thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly
migratory species drift gillnet 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 CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet fishery on ESA-
listed marine mammals for which a permit is proposed here, were
analyzed in the appropriate ESA section 7 Biological Opinion on the
commercial fishery (see https://repository.library.noaa.gov/view/noaa/51058), and incidental take was exempted for those ESA-listed marine
mammals for the CA thresher shark/swordfish drift gillnet (>=14 in
mesh)/Pacific highly migratory species drift gillnet 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, James V. 2023. Estimates of Marine Mammal, Sea Turtle, and
Seabird Bycatch in the California Large-Mesh Drift Gillnet Fishery:
1990-2022. U.S.
[[Page 12152]]
Department of Commerce, NOAA Technical Memorandum NMFS-SWFSC-687. 67
p.
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.
Carretta, J.W., E.M. Oleson, K.A. Forney, A.L. Bradford, K. Yano,
D.W. Weller, A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J.E. Moore,
M. Wallen and R.L. Brownell. 2024. U.S. Pacific Marine Mammal Stock
Assessments: 2023. U.S. Department of Commerce. NOAA Technical
Memorandum. NMFS-SWFSC-704. 420 p.
Wild, L.A., Mueter, F.J., Straley, J.M. and Andrews, R.D., 2024.
Movement and Diving Behavior of Satellite-Tagged Male Sperm Whales
in the Gulf of Alaska. Frontiers in Marine Science, 11, p.1394687.
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: March 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-04050 Filed 3-13-25; 8:45 am]
BILLING CODE 3510-22-P
