Notice2025-04050
Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Issuance of Permit
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Published
March 14, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 49 (Friday, March 14, 2025)</title>
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[Federal Register Volume 90, Number 49 (Friday, March 14, 2025)]
[Notices]
[Pages 12148-12152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04050]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://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).
The preliminary determination supporting the permit is available on
the internet at <a href="https://www.regulations.gov/docket/NOAA-NMFS">https://www.regulations.gov/docket/NOAA-NMFS</a>-2025--
0007. 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>; 2024 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 (TRT)
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: Dan Lawson, West Coast Region, (206)
526-4740, <a href="/cdn-cgi/l/email-protection#16527778385a7761657978567879777738717960"><span class="__cf_email__" data-cfemail="e0a4818eceac8197938f8ea08e8f8181ce878f96">[email protected]</span></a>, or Jaclyn Taylor, NMFS Office of
Protected Resources, (301) 427-8402, <a href="/cdn-cgi/l/email-protection#2f654e4c435641017b4e5643405d6f41404e4e01484059"><span class="__cf_email__" data-cfemail="c58fa4a6a9bcabeb91a4bca9aab785abaaa4a4eba2aab3">[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 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: <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 2024 MMPA LOF
(89 FR 12257, February 16, 2024), 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">https://www.regulations.gov/docket/NOAA-NMFS</a>-
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: <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 commercial 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, where the M/SI that occurs outside of U.S. waters is
uncertain, 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
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: <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 draft MMPA
101(a)(5)(E) evaluation document is available at: <a href="https://www.regulations.gov/docket/NOAA-NMFS">https://www.regulations.gov/docket/NOAA-NMFS</a>-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
NIT<INF>t</INF> for these stocks and proceeded directly to the Tier 2
NIT<INF>s</INF> 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: <a href="https://www.regulations.gov/docket/NOAA-NMFS">https://www.regulations.gov/docket/NOAA-NMFS</a>-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 NIT<INF>s</INF> (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 NIT<INF>s</INF> (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 NIT<INF>s</INF> (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 <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>).
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 (<a href="https://www.fisheries.noaa.gov/resource/document/recovery-outline-central-america-mexico-and-western-north-pacific-distinct">https://www.fisheries.noaa.gov/resource/document/recovery-outline-central-america-mexico-and-western-north-pacific-distinct</a>). 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 <a href="https://www.regulations.gov/docket/NOAA-NMFS">https://www.regulations.gov/docket/NOAA-NMFS</a>-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 <a href="https://repository.library.noaa.gov/view/noaa/51058">https://repository.library.noaa.gov/view/noaa/51058</a>), 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: <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>.
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
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