Notice2021-27278
Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Issuance of Permit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 16, 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 California (CA) thresher shark/swordfish drift gillnet 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.
Full Text
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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71423-71427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27278]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB522]
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
California (CA) thresher shark/swordfish drift gillnet 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.
DATES: Comments on this action and supporting documents must be
received by January 18, 2022.
ADDRESSES: You may submit comments on the proposed permit and the
preliminary determination supporting the permit, identified by NOAA-
NMFS-2021-0105, through the Federal e-Rulemaking Portal:
1. Go to <a href="https://www.regulations">https://www.regulations</a>.gov and enter NOAA-NMFS-2021-0105
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
[[Page 71424]]
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">https://www.regulations</a>.gov/docket/NOAA-NMFS-2021-0105.
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: Tina Fahy, NMFS West Coast Region,
(562) 980-4023, <a href="/cdn-cgi/l/email-protection#ffbc978d968c8b96919ed1b99e9786bf91909e9ed1989089"><span class="__cf_email__" data-cfemail="cc8fa4bea5bfb8a5a2ade28aada4b58ca2a3adade2aba3ba">[email protected]</span></a>; or Jaclyn Taylor, NMFS Office
of Protected Resources, (301) 427-8402, <a href="/cdn-cgi/l/email-protection#246e4547485d4a0a70455d484b56644a4b45450a434b52"><span class="__cf_email__" data-cfemail="b4fed5d7d8cdda9ae0d5cdd8dbc6f4dadbd5d59ad3dbc2">[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. We have made a
preliminary determination that the CA thresher shark/swordfish drift
gillnet/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 (CA/OR/WA stock of humpback whale and CA/OR/WA stock of sperm
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 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 CA
thresher shark/swordfish drift gillnet/Pacific highly migratory species
drift gillnet fishery, as classified on the final 2021 MMPA LOF, to
incidentally kill or seriously injure the CA/OR/WA stock of humpback
whale and CA/OR/WA stock of sperm 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 CA thresher
shark/swordfish drift gillnet and Pacific highly migratory species
drift gillnet 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">https://www.regulations</a> .gov/docket/NOAA-NMFS-
2021-0105).
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
[[Page 71425]]
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, NMFS considered the
CA/OR/WA stock of humpback whale to be ESA-listed as it overlaps with
the two ESA-listed DPSs (Mexico, and Central America).
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 three 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 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/Pacific highly migratory species drift gillnet fishery
following the directive, and, based on the best available scientific
information, made a draft NID.
The CA/OR/WA stock of humpback whale is a transboundary stock. 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 CA/OR/WA stock of humpback whale has
documented incidental M/SI with this fishery in the most recent (2021)
draft CA/OR/WA humpback whale SAR (Carretta et al. 2021). The estimated
annual M/SI of humpback whales (CA/OR/WA stock) in the CA drift gillnet
fishery is 0.1, based on observer data. Since this M/SI (0.1) is less
than NIT<INF>s</INF> (2.48), NMFS determined that the CA drift gillnet
fishery/Pacific highly migratory species drift gillnet fishery has a
negligible impact on the CA/OR/WA stock of humpback whales (see
accompanying MMPA 101(a)(5)(E) determination document linked above for
NIT calculations).
The draft 2021 SAR includes mean annual total commercial fishery-
related M/SI (>=25.2) for the CA/OR/WA stock of humpback whale. This
comprises M/SI from all commercial fisheries, including the CA thresher
shark/swordfish drift gillnet fishery, as well as fishery-related M/SI
for the stock not assigned to a specific commercial fishery. The SAR
also includes unattributed fishery-related M/SI (11.15) for the stock,
which is not assigned to a specific commercial fishery. This
unattributed fishery-related M/SI could be from any number of
commercial, recreational or tribal fisheries, including the CA thresher
shark/swordfish drift gillnet 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 CA/
OR/WA humpback whale stock is considered to be a transboundary stock,
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 CA thresher shark/swordfish drift
gillnet fishery through a fishery observer program. Further, most of
the information on large whale entanglements on the West Coast is
reported to and documented by the West Coast Large Whale Entanglement
[[Page 71426]]
Response Program. If additional fishery-related M/SI of the CA/OR/WA
stock of humpback whale is documented through the observer program or
West Coast Large Whale Entanglement Response Program that indicates
additional M/SI of the CA/OR/WA stock of humpback whale in the CA
thresher shark/swordfish drift gillnet fishery, then NMFS will re-
evaluate the NID and the permit.
The CA/OR/WA stock of sperm whale has documented incidental M/SI
with this fishery in the most recent (2019) final CA/OR/WA sperm whale
SAR (Carretta et al. 2020). The total annual average human-caused M/SI
for the CA/OR/WA stock of sperm whales from 2013-2017 is 0.64,
including 0.4 per year for the CA thresher shark/swordfish drift
gillnet fishery and 0.24 per year for the sablefish hook and line
fishery (Carretta et al. 2020). There was no other human-related M/SI
of the CA/OR/WA stock of sperm whale reported during this time period.
Since M/SI (0.64) is less than NIT<INF>t</INF> (2.54), the CA drift
gillnet fishery/Pacific highly migratory species drift gillnet fishery
is considered to have a negligible impact on the CA/OR/WA stock of
sperm whales.
The NID analysis is presented in an accompanying MMPA 101(a)(5)(E)
determination document that provides summaries of the information used
to evaluate each ESA-listed stock 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">https://www.regulations</a>.gov/docket/NOAA-NMFS-2021-0105. 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 CA thresher shark/swordfish drift gillnet/Pacific
highly migratory species drift gillnet fishery will have a negligible
impact on the associated ESA-listed marine mammal stocks (CA/OR/WA
stock of humpback whale and CA/OR WA stock of sperm 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">https://www.regulations</a>.gov/docket/NOAA-NMFS-2021-
0105).
Recovery Plan
Recovery plans for humpback whales and sperm whales have 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 CA thresher shark/swordfish drift gillnet fishery, for the
affected marine mammal species or stocks, has a TRP in place.
Accordingly, the requirement under MMPA section 118 to have TRPs in
place or in development is satisfied (see preliminary determination
supporting the permit available on the internet at <a href="https://www.regulations">https://www.regulations</a>.gov/docket/NOAA-NMFS-2021-0105).
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/Pacific
highly migratory species drift gillnet fishery has been observed by
NMFS since 1990. 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/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 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 CA thresher shark/swordfish drift gillnet/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, and
incidental take was exempted for those ESA-listed marine mammals for
the fishery.
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, authorize 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
[[Page 71427]]
environment or effects on threatened or endangered species beyond those
analyzed in these documents.
References
Carretta, J.W., K.A. Forney, E.M. Olson, D.W. Weller, A.R. Lang, J.
Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J.
Barlow, J.E. Moore, D. Lynch, and R.L. Brownell. 2021. Draft U.S.
Pacific Marine Mammal Stock Assessments: 2021. NOAA-TM-NMFS-SWFSC-
XXX.
Carretta, J.W., K.A. Forney, E.M. Olson, D.W. Weller, A.R. Lang, J.
Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J.
Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell. 2020.
U.S. Pacific Marine Mammal Stock Assessments: 2019. NOAA-TM-NMFS-
SWFSC-629.
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 13, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-27278 Filed 12-15-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 16, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.