Notice2021-27109
Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Issuance of Permit
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Published
December 15, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (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 Alaska (AK) Bering Sea, Aleutian Islands (BSAI) Pacific cod pot fishery.
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<title>Federal Register, Volume 86 Issue 238 (Wednesday, December 15, 2021)</title>
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[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71236-71239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27109]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB613]
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.
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SUMMARY: The National Marine Fisheries Service (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 Alaska
(AK) Bering Sea, Aleutian Islands (BSAI) Pacific cod pot fishery.
DATES: Comments on this action and supporting documents must be
received by December 30, 2021.
ADDRESSES: You may submit comments on the proposed permit and the
preliminary determination supporting the permit, identified by NOAA-
NMFS-2021-0123, through the Federal e-Rulemaking Portal:
1. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2021-0123
in the Search box.
2. Click the ``Comment'' icon, and complete the required fields.
3. Enter or attach your comments.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the end of the comment period. Due to delays in processing mail related
to COVID-19 and health and safety concerns, no mail, courier, or hand
deliveries will be accepted. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
The preliminary determination supporting the permit is available on
the internet at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2021-0123">https://www.regulations.gov/docket/NOAA-NMFS-2021-0123</a>.
Other supporting information is available on the internet including:
Recovery plans for the ESA-listed marine mammal species, <a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act">https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act</a>; 2021 MMPA List of
Fisheries (LOF), <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>; the most recent Marine Mammal
Stock Assessment Reports (SAR) by region, <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>-region, and stock, <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>-species-stock; and Take Reduction Teams and
Plans, <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams</a>.
FOR FURTHER INFORMATION CONTACT: Suzie Teerlink, NMFS Alaska Region,
907-586-7240, <a href="/cdn-cgi/l/email-protection#c596b0bfaca0eb91a0a0b7a9acabae85abaaa4a4eba2aab3"><span class="__cf_email__" data-cfemail="6f3c1a15060a413b0a0a1d030601042f01000e0e41080019">[email protected]</span></a>; or Jaclyn Taylor, NMFS Office of
Protected Resources, 301-427-8402, <a href="/cdn-cgi/l/email-protection#82c8e3e1eefbecacd6e3fbeeedf0c2ecede3e3ace5edf4"><span class="__cf_email__" data-cfemail="e3a982808f9a8dcdb7829a8f8c91a38d8c8282cd848c95">[email protected]</span></a>.
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; and (3) where
required under MMPA section 118, a take reduction plan has been
developed or is being developed, a monitoring program is implemented,
and vessels participating in the fishery are registered (16 U.S.C.
1371(a)(5)(E)). We have made a preliminary determination that the AK
BSAI Pacific cod 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 North Pacific and
Western North Pacific stocks of humpback whale) under the MMPA for a
period of three years. We solicit public comments on the proposed
issuance of the permit and the underlying preliminary determination.
Background
The MMPA List of Fisheries (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. Category I and II fisheries must 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 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 three years shall allow the
incidental, but not intentional, taking of marine mammal 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 and those vessels which have
valid fishing permits issued by the Secretary in accordance with
section 204(b) of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1824(b), while engaging in commercial fishing
operations, if NMFS makes certain 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
[[Page 71237]]
recovery plan has been developed or is being developed for such species
or stock under 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 take reduction plan 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 2021 MMPA LOF 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 AK
BSAI Pacific cod pot fishery, to incidentally kill or seriously injure
individuals from the Central North Pacific and Western North Pacific
stocks of humpback whale.
NMFS will regularly evaluate 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 AK BSAI
Pacific cod pot fishery is available in the 2021 MMPA LOF (86 FR 3028;
January 14, 2021) and on the internet at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>.
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 2021 MMPA LOF
(86 FR 3028; January 14, 2021), the SARs for these species (available
at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>), recovery plans for these
species (available at: <a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act">https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act</a>), and other relevant information, as detailed further in
the document describing the preliminary determination supporting the
permit (available at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2021-0123">https://www.regulations.gov/docket/NOAA-NMFS-2021-0123</a>).
NMFS is in the process of revising humpback whale stock structure
under the MMPA in light of the 14 Distinct Population Segments (DPSs)
established under the ESA (81 FR 62259, September 8, 2016), based on
the recently finalized ``Procedural Directive 02-204-03: Reviewing and
Designating Stocks and Issuing Stock Assessment Reports under the
Marine Mammal Protection Act'' (NMFS 2019). The humpback whale DPSs
that occur in waters under the jurisdiction of the United States do not
align with the existing MMPA stocks. Some of the listed DPSs partially
coincide with the currently defined stocks. Because we cannot manage
one portion of an MMPA stock as ESA-listed and another portion of a
stock as not ESA-listed, until such time as the MMPA stock designations
are revised in light of the ESA-listed DPSs, NMFS continues to use the
existing MMPA stock structure for MMPA management purposes (e.g.,
selection of a recovery factor, stock status) and treats such stocks as
ESA-listed if a component of that stock is listed under the Act and
overlaps with the analyzed commercial fishery. Therefore, for the
purpose of this MMPA 101(a)(5)(E) authorization, we considered the
Central North Pacific and Western North Pacific stocks of humpback
whales to be ESA-listed as they overlap with the two ESA-listed DPSs:
The threatened Mexico DPS and the endangered Western North Pacific DPS.
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 relies on 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: <a href="https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives">https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives</a>. 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 (NIT<INF>t</INF>), represents the total amount of human-
caused M/SI that NMFS considers negligible for a given stock. The
second, lower threshold, Single NIT (NIT<INF>s</INF>) represents the
level of M/SI from a single commercial fishery that NMFS considers
negligible for a stock. NIT<INF>s</INF> 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 NIT<INF>t</INF>. If
NIT<INF>t</INF> 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 NIT<INF>t</INF> is exceeded, then
the Tier 2 analysis compares each individual fishery's M/SI for a
particular stock to NIT<INF>s</INF>. If NIT<INF>s</INF> 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
NIT<INF>t</INF> and proceed directly to the Tier 2 NIT<INF>s</INF>
analysis. If a commercial fishery has a negligible impact across all
ESA-listed stocks, then the first of 3 findings necessary for issuing a
MMPA 101(a)(5)(E) permit to the commercial fishery has been met (i.e.,
a negligible impact determination). 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
[[Page 71238]]
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 AK BSAI Pacific cod pot fishery
using the process outlined in the directive, and, based on the best
available scientific information, made a draft NID.
The Central North Pacific and Western North Pacific stocks of
humpback whales 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
NIT<INF>t</INF> and proceeded directly to the Tier 2 NIT<INF>s</INF>
analysis The most recent (2020) final Central North Pacific and Western
North Pacific humpback whale SARs documented M/SI of Central North
Pacific and Western North Pacific stocks of humpback whale incidental
to this fishery (Muto et al. 2021).
The estimated annual M/SI of Central North Pacific humpback whales
in the AK BSAI Pacific cod pot fishery is 0.2, based on Alaska Marine
Mammal Health and Stranding Response Program data. The estimated annual
M/SI of 0.2 is based on an event that occurred in an area where the
Central North Pacific and Western North Pacific stocks of humpback
whales overlap. Therefore, the M/SI was assigned to both the Central
North Pacific and Western North Pacific stocks (Muto et al. 2021).
Since this M/SI (0.2) is less than NIT<INF>s</INF> (3.59), NMFS
determined that the AK BSAI Pacific cod pot fishery has a negligible
impact on the Central North Pacific stock of humpback whales (see
accompanying MMPA 101(a)(5)(E) determination document linked above for
NIT calculations).
The estimated annual M/SI of Western North Pacific humpback whales
in the AK BSAI Pacific cod pot fishery is 0.2, based on Alaska Marine
Mammal Health and Stranding Response Program data. Since this M/SI
(0.2) is less than NITs (0.39), NMFS determined that the AK BSAI
Pacific cod pot fishery has a negligible impact on the Western North
Pacific stock of humpback whales (see accompanying MMPA 101(a)(5)(E)
determination document linked above for NIT calculations).
The 2020 SAR includes the mean annual total commercial fishery-
related M/SI (9.8) for the Central North Pacific stock of humpback
whale and (0.9) for the Western North Pacific stock of humpback whale.
This comprises M/SI from all commercial fisheries, including the AK
BSAI Pacific cod pot fishery, as well as fishery-related M/SI for the
stock not assigned to a specific commercial fishery. The SARs for both
stocks also include unattributed fishery-related M/SI (7.9 for Central
North Pacific, 0.4 for Western North Pacific), which is not assigned to
a specific commercial fishery. This unattributed fishery-related M/SI
could be from any number of commercial or recreational fisheries,
including the AK BSAI Pacific cod 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 the NID Tier 2 analysis. In addition,
because the Central North Pacific and Western North Pacific stocks of
humpback whales are considered to be transboundary stocks, NMFS assumed
NIT<INF>t</INF> is exceeded and conducted the more conservative Tier 2
analysis with the lower NIT<INF>s</INF> criterion. NMFS is actively
monitoring the AK BSAI Pacific cod pot fishery through the North
Pacific Fisheries Observer Program. Further, most of the information on
large whale entanglements in Alaska is reported to and documented by
the Alaska Large Whale Entanglement Response Program. If additional
fishery-related M/SI of the Central North Pacific or Western North
Pacific stock of humpback whale is documented through the observer
program or the Alaska Marine Mammal Health and Stranding Response
Program that indicates additional M/SI of the Central North Pacific or
Western North Pacific stock of humpback whale in the AK BSAI Pacific
cod pot fishery, then NMFS will re-evaluate the NID and the proposed
permit.
The NID analysis is presented in an accompanying MMPA section
101(a)(5)(E) determination document that provides summaries of the
information used to evaluate each ESA-listed stocks documented on the
2021 MMPA LOF as killed or injured incidental to the fishery (available
at: <a href="https://www.fisheries.noaa.gov/action/mmpa-list-fisheries-2021">https://www.fisheries.noaa.gov/action/mmpa-list-fisheries-2021</a>).
The draft MMPA 101(a)(5)(E) determination document is available at:
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2021-0123">https://www.regulations.gov/docket/NOAA-NMFS-2021-0123</a>. Based on the
criteria outlined in the directive, the most recent SAR, and the best
available scientific information, NMFS has determined that the M/SI
incidental to the Category II AK BSAI Pacific cod pot fishery will have
a negligible impact on the associated ESA-listed marine mammal stocks
(Central North Pacific and Western North Pacific stocks of humpback
whale). Accordingly, this MMPA 101(a)(5)(E) requirement is satisfied
for the commercial fishery (see draft MMPA 101(a)(5)(E) determination
document is available at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2021-0123">https://www.regulations.gov/docket/NOAA-NMFS-2021-0123</a>).
Recovery Plan
The humpback whale recovery plan has been completed (see <a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act">https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-species-act</a>). Accordingly, the
requirement to have recovery plans in place or being developed is
satisfied.
Take Reduction Plan
Subject to available funding, MMPA section 118 requires the
development and implementation of a Take Reduction Plan (TRP) for each
strategic stock that interacts with a Category I or II fishery. The
stocks considered for this permit are designated as a strategic stock
under the MMPA because the stocks, or a component of the stocks, are
listed as threatened or endangered under the ESA (MMPA section
3(19)(C)).
The short- and long-term goals of a TRP are to reduce M/SI of
marine mammals incidental to commercial fishing to levels below the
Potential Biological Removal (PBR) level for stocks and to an
insignificant threshold, defined by NMFS as 10 percent of PBR,
respectively. The obligations to develop and implement a TRP are
subject to the availability of funding. MMPA section 118(f)(3) (16
U.S.C. 1387(f)(3)) contains specific priorities for developing TRPs
when funding is insufficient. NMFS has insufficient funding available
to simultaneously develop and implement TRPs for all strategic stocks
that interact with Category I or Category II fisheries. As provided in
MMPA section 118(f)(6)(A) and (f)(7), NMFS uses the most recent SAR and
LOF as the basis to determine its priorities for establishing Take
Reduction Teams (TRT) and developing TRPs. Information about NMFS'
marine mammal TRTs and TRPs may be found at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams</a>.
[[Page 71239]]
Based on NMFS' priorities, implementation of a TRP for the AK BSAI
Pacific cod pot fishery is currently deferred under MMPA section 118 as
other stocks/fisheries are a higher priority for any available funding.
Accordingly, the requirement under MMPA section 118 to have TRPs in
place or in development is satisfied (see determination supporting the
permit available on the internet at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2021-0123">https://www.regulations.gov/docket/NOAA-NMFS-2021-0123</a>).
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 AK BSAI Pacific cod pot is monitored under the partial
coverage category through the North Pacific Fisheries 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 AK BSAI Pacific cod 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
commercial 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 determination supporting the
permit.
ESA Section 7 and National Environmental Policy Act Requirements
ESA section 7(a)(2) requires federal agencies to ensure that
actions they authorize, fund, or carry out do not jeopardize the
existence of any species listed under the ESA, or destroy or adversely
modify designated critical habitat of any ESA-listed species. The
effects of the AK BSAI Pacific cod pot fishery on ESA-listed marine
mammals, were analyzed in the ESA section 7 Biological Opinion for the
BSAI Groundfish Fishery Management Plan.
Under section 7 of the ESA, Biological Opinions analyze the effects
of the proposed action on ESA-listed species and their critical habitat
and, where appropriate, exempt anticipated future take of ESA-listed
species 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 negligible impact
determination 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, may not always align.
The National Environmental Policy Act (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 Plan 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
Muto, M.M., V.T. Helker, B.J. Delean, N.C. Young, J.C. Freed, R.P.
Angliss, N.A. Friday, P.L. Boveng, J.M. Breiwick, B.M. Brost, M.F.
Cameron, P.J. Clapham, J.L. Crance, S.P. Dahle, M.E. Dahlheim, B.S.
Fadely, M.C. Ferguson, L.W. Fritz, K.T. Goetz, R.C. Hobbs, Y.V.
Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch, R.R. Ream,
E.L. Richmond, K.E. W. Shelden, K.L. Sweeney, R.G. Towell, P.R.
Wade, J.M. Waite, and A.N. Zerbini. 2021. Alaska marine mammal stock
assessments, 2020. U.S. Department of Commerce, NOAA Tech. Memo.
NMFS-AFSC-421. 398 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: <a href="https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives">https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives</a>.
National Marine Fisheries Service (NMFS). 2019. National Marine
Fisheries Service Procedure 02-204-03: Reviewing and designating
stocks and issuing Stock Assessment Reports under the Marine Mammal
Protection Act. 9 p. Available online: <a href="https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives">https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives</a>
National Marine Fisheries Service (NMFS). 2016. National Marine
Fisheries Service Procedure 02-204-01: Guidelines for preparing
stock assessment reports pursuant to the 1994 amendments to the
Marine Mammal Protection Act. 23 p. Available online: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/guidelines-assessing-marine-mammal-stocks">https://www.fisheries.noaa.gov/national/marine-mammal-protection/guidelines-assessing-marine-mammal-stocks</a>.
National Marine Fisheries Service (NMFS). 2014. National Marine
Fisheries Service Procedure 02-238-01: Process for Distinguishing
Serious from Non-Serious Injury of Marine Mammals. 42 p. Available
online: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-policies-guidance-and-regulations">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-policies-guidance-and-regulations</a>.
Dated: December 9, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-27109 Filed 12-14-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 15, 2021.
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