Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73377 

produced to American Society for Testing 

and Materials (ASTM) standards A500, A252, 

or A53, or other relevant domestic 

specifications, grades and/or standards. Large 

diameter welded pipe can be produced to 

comparable foreign specifications, grades 

and/or standards or to proprietary 

specifications, grades and/or standards, or 

can be non-graded material. All pipe meeting 

the physical description set forth above is 

covered by the scope of this order, whether 

or not produced according to a particular 

standard. 

Subject merchandise also includes large 

diameter welded pipe that has been further 

processed in a third country, including but 

not limited to coating, painting, notching, 

beveling, cutting, punching, welding, or any 

other processing that would not otherwise 

remove the merchandise from the scope of 

the order if performed in the country of 

manufacture of the in-scope large diameter 

welded pipe. 

Excluded from the scope are any products 

covered by the existing antidumping duty 

order on welded line pipe from Tu ̈rkiye. See 

Welded Line Pipe from the Republic of Korea 

and the Republic of Turkey: Antidumping 

Duty Orders, 80 FR 75056 (December 1, 

2015). 

The large diameter welded pipe that is 

subject to this order is currently classifiable 

in the Harmonized Tariff Schedule of the 

United States (HTSUS) under subheadings 

7305.11.1030, 7305.11.1060, 7305.11.5000, 

7305.12.1030, 7305.12.1060, 7305.12.5000, 

7305.19.1030, 7305.19.1060, 7305.19.5000, 

7305.31.4000, 7305.31.6090, 7305.39.1000 

and 7305.39.5000. While the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the scope of this order is 

dispositive. 

[FR Doc. 2024–20396 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE109] 

Taking of Threatened or Endangered 

Marine Mammals Incidental to 

Commercial Fishing Operations; 

Proposed Issuance of a Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: NMFS is proposing to issue a 

permit to authorize the incidental, but 

not intentional, take of specific 

Endangered Species Act (ESA)-listed 

marine mammal species or stocks under 

the Marine Mammal Protection Act 

(MMPA), in the Washington (WA)/ 

Oregon (OR)/California (CA) sablefish 

pot fishery. 

DATES: Comments on this action and 

supporting documents must be received 

by October 10, 2024. 

ADDRESSES: You may submit comments 

on the proposed permit and the 

preliminary determination supporting 

the permit, identified by NOAA–NMFS– 

2024–0087, through the Federal eRulemaking Portal: 

1. Go to https://www.regulations.gov 

and enter NOAA–NMFS–2024–0087 in 

the Search box. 

2. Click the ‘‘Comment’’ icon, and 

complete the required fields. 

3. Enter or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter N/ 

A in the required fields if you wish to 

remain anonymous). 

The preliminary determination 

supporting the permit is available on the 

internet at https://www.regulations.gov/ 

docket/NOAA-NMFS-2024-0087. Other 

supporting information is available on 

the internet including: recovery plans 

for the ESA-listed marine mammal 

species, https://www.fisheries.noaa.gov/ 

national/endangered-speciesconservation/recovery-species-underendangered-species-act; 2024 MMPA 

List of Fisheries (LOF), https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/listfisheries-summary-tables; the most 

recent Marine Mammal Stock 

Assessment Reports (SAR) by region, 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessmentreports-region, and stock, https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reportsspecies-stock; and Take Reduction 

Teams (TRT) and Plans, https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-take-reduction-plans-andteams. 

FOR FURTHER INFORMATION CONTACT: Dan 

Lawson, West Coast Region, (206) 526– 

4740, Dan.Lawson@noaa.gov, or Jaclyn 

Taylor, NMFS Office of Protected 

Resources, (301) 427–8402, 

Jaclyn.Taylor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

MMPA requires NMFS to authorize the 

incidental take of ESA-listed marine 

mammals in commercial fisheries 

provided it can make the following 

determinations: (1) the incidental 

mortality and serious injury (M/SI) from 

commercial fisheries will have a 

negligible impact on the affected species 

or stocks; (2) a recovery plan for all 

affected species or stocks of threatened 

or endangered marine mammals has 

been developed or is being developed 

pursuant to the ESA; and (3) where 

required under MMPA section 118, a 

take reduction plan (TRP) has been 

developed or is being developed, a 

monitoring program is established, and 

vessels participating in the fishery are 

registered. We have made a preliminary 

determination that the Category II WA/ 

OR/CA sablefish pot fishery meets these 

three requirements and propose to issue 

a permit to the fishery to authorize the 

incidental take of ESA-listed marine 

mammal species or stocks (Central 

America/Southern Mexico-CA/OR/WA 

and Mainland Mexico-CA/OR/WA 

stocks of humpback whale) under the 

MMPA for a period of 3 years. We 

solicit public comments on the 

proposed issuance of the permit and the 

underlying preliminary determination. 

Background 

The MMPA LOF classifies each 

commercial fishery as a Category I, II, or 

III fishery based on the level of mortality 

and injury of marine mammals 

occurring incidental to each fishery as 

defined in 50 CFR 229.2. Section 

118(c)(2) of the MMPA requires fishing 

vessels that operate in Category I and II 

fisheries to register with NMFS and are 

subsequently authorized to incidentally 

take marine mammals during 

commercial fishing operations. 

However, that authorization is limited 

to those marine mammals that are not 

listed as threatened or endangered 

under the ESA. Section 118(a)(2) of the 

MMPA, 16 U.S.C. 1387(a)(2), also 

requires an additional authorization at 

section 101(a)(5) of the MMPA, 16 

U.S.C. 1371, for incidental taking of 

ESA-listed marine mammals. Section 

101(a)(5)(E) of the MMPA, 16 U.S.C. 

1371, states that NMFS, as delegated by 

the Secretary of Commerce, for a period 

of up to 3 consecutive years shall allow 

the incidental, but not intentional, 

taking of marine mammal species or 

stocks designated as depleted because of 

their listing as an endangered species or 

threatened species under the ESA, 16 

U.S.C. 1531 et seq., by persons using 

vessels of the United States, while 

engaging in commercial fishing 

operations, if NMFS makes certain 


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determinations. NMFS must determine, 

after notice and opportunity for public 

comment, that: (1) incidental M/SI from 

commercial fisheries will have a 

negligible impact on the affected species 

or stock; (2) a recovery plan has been 

developed or is being developed for 

such species or stock pursuant to the 

ESA; and (3) where required under 

section 118 of the MMPA, a monitoring 

program has been established, vessels 

engaged in such fisheries are registered 

in accordance with section 118 of the 

MMPA, and a TRP has been developed 

or is being developed for such species 

or stock. 

The LOF includes a list of marine 

mammal species or stocks incidentally 

killed or injured in each commercial 

fishery. We evaluated ESA-listed stocks 

or species included on the final 2024 

MMPA LOF (89 FR 12257, February 16, 

2024) as killed or seriously injured 

following NMFS’ Procedural Directive 

02–238 ‘‘Process for Distinguishing 

Serious from Non-Serious Injury of 

Marine Mammals.’’ Based on this 

evaluation, we propose to issue a permit 

under MMPA section 101(a)(5)(E) to 

vessels registered in the Category II WA/ 

OR/CA sablefish pot fishery, as 

classified on the final 2024 MMPA LOF, 

to incidentally kill or seriously injure 

individuals from the Central America/ 

Southern Mexico-CA/OR/WA and 

Mainland Mexico-CA/OR/WA stocks of 

humpback whale. 

Category III fisheries are those 

commercial fisheries that have a remote 

likelihood of or no known incidental 

mortality or serious injury of marine 

mammals (MMPA section 

118(c)(1)(A)(iii)). All commercial 

fisheries classified as Category III on the 

most current LOF do not require MMPA 

101(a)(5)(E) authorization so long as any 

mortality or injury of marine mammals 

incidental to their operations is reported 

pursuant to MMPA section 118(e). 

Furthermore, per NMFS’ Procedural 

Directive 02–204–02 (procedural 

directive), ‘‘Criteria for Determining 

Negligible Impact under MMPA section 

101(a)(5)(E)’’ (NMFS 2020), NMFS 

considers such Category III fisheries to 

have a negligible impact on that marine 

mammal stock or species. 

In addition, specifically for the 

purposes of MMPA section 101(a)(5)(E), 

commercial fisheries classified as 

Category I or II on the LOF solely 

because of incidental M/SI of non-ESAlisted marine mammals meet the 

definition of a Category III commercial 

fishery with respect to ESA-listed stocks 

or species because the fishery has a 

remote likelihood of or no known 

incidental M/SI of ESA-listed marine 

mammals (NMFS 2020). In other words, 

if the commercial fishery is a Category 

I or II fishery because of incidental take 

of non-ESA listed marine mammals, we 

consider it a Category III fishery here. 

We have determined that the Category II 

Atlantic mixed species trap/pot fishery 

meets this criterion. This fishery does 

not require MMPA 101(a)(5)(E) 

authorization and is not subject to the 

ESA prohibition against incidentally 

taking marine mammals from 

endangered or threatened stocks and not 

subject to any penalties, provided any 

marine mammal mortalities or injuries 

are reported as required under MMPA 

section 118(e). 

NMFS regularly evaluates other 

commercial fisheries for purposes of 

making a negligible impact 

determination (NID) and issuing section 

101(a)(5)(E) authorizations with the 

annual LOF as new information 

becomes available. More information 

about the fisheries is available in the 

2024 MMPA LOF (89 FR 12257, 

February 16, 2024) and on the internet 

at: https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

list-fisheries-summary-tables. 

We reviewed the best available 

scientific information to determine if 

the fishery met the three requirements 

of MMPA section 101(a)(5)(E) for 

issuing a permit. This information is 

included in the 2024 MMPA LOF (89 FR 

12257, February 16, 2024), the SARs for 

these species (available at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessment-reports), 

recovery plans for these species 

(available at: https://www.fisheries.

noaa.gov/national/endangered-speciesconservation/recovery-species-underendangered-species-act), and other 

relevant information, as detailed further 

in the documents describing the 

preliminary determination supporting 

the permit (available at: https://

www.regulations.gov/docket/NOAANMFS-2024-0087). 

Basis for Determining Negligible Impact 

Prior to issuing an MMPA 101(a)(5)(E) 

permit to take ESA-listed marine 

mammals incidental to commercial 

fishing, NMFS must determine if the M/ 

SI incidental to commercial fisheries 

will have a negligible impact on the 

affected marine mammal species or 

stocks. NMFS satisfies this requirement 

by making a NID. Although the MMPA 

does not define ‘‘negligible impact,’’ 

NMFS has issued regulations providing 

a qualitative definition of ‘‘negligible 

impact,’’ defined in 50 CFR 216.103, as 

an impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival. 

Criteria for Determining Negligible 

Impact 

NMFS uses a quantitative approach 

for determining negligible impact 

detailed in NMFS Procedural Directive 

02–204–02 (directive), ‘‘Criteria for 

Determining Negligible Impact under 

MMPA section 101(a)(5)(E),’’ which 

became effective on June 17, 2020 

(NMFS 2020). The procedural directive 

is available online at: https://

www.fisheries.noaa.gov/national/lawsand-policies/protected-resources-policydirectives. The directive describes 

NMFS’ process for determining whether 

incidental M/SI from commercial 

fisheries will have a negligible impact 

on ESA-listed marine mammal species/ 

stocks (the first requirement necessary 

for issuing a MMPA section 101(a)(5)(E) 

permit as noted above). 

The directive first describes the 

derivation of two Negligible Impact 

Thresholds (NIT), which represent 

levels of removal from a marine 

mammal species or stock. The first, 

Total Negligible Impact Threshold 

(NITt), represents the total amount of 

human-caused M/SI that NMFS 

considers negligible for a given stock. 

The second, lower threshold, Single NIT 

(NITs) represents the level of M/SI from 

a single commercial fishery that NMFS 

considers negligible for a stock. NITs

was developed in recognition that some 

stocks may experience non-negligible 

levels of total human-caused M/SI but 

one or more individual fisheries may 

contribute a very small portion of that 

M/SI, and the effect of an individual 

fishery may be considered negligible. 

The directive describes a detailed 

process for using these NIT values to 

conduct a NID analysis for each fishery 

classified as a Category I or II fishery on 

the MMPA LOF. The NID process uses 

a two-tiered analysis. The Tier 1 

analysis first compares the total humancaused M/SI for a particular stock to 

NITt. If NITt is not exceeded, then all 

commercial fisheries that kill or 

seriously injure the stock are 

determined to have a negligible impact 

on the particular stock. If NITt is 

exceeded, then the Tier 2 analysis 

compares each individual fishery’s M/SI 

for a particular stock to NITs. If NITs is 

not exceeded, then the commercial 

fishery is determined to have a 

negligible impact on that particular 

stock. For transboundary, migratory 

stocks, because of the uncertainty 

regarding the M/SI that occurs outside 

of U.S. waters, we assume that total M/ 

SI exceeds NITt and proceed directly to 


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the Tier 2 NITs analysis. If a commercial 

fishery has a negligible impact across all 

ESA-listed stocks, then the first of three 

findings necessary for issuing a MMPA 

101(a)(5)(E) permit to the commercial 

fishery has been met (i.e., a NID). If a 

commercial fishery has a non-negligible 

impact on any ESA-listed stock, then 

NMFS cannot issue a MMPA 

101(a)(5)(E) permit for the fishery to 

incidentally take ESA-listed marine 

mammals. 

These NID criteria rely on the best 

available scientific information, 

including estimates of a stock’s 

minimum population size and humancaused M/SI levels, as published in the 

most recent SARs and other supporting 

documents, as appropriate. Using these 

inputs, the quantitative negligible 

impact thresholds allow for 

straightforward calculations that lead to 

clear negligible or non-negligible impact 

determinations for each commercial 

fishery analyzed. In rare cases, robust 

data may be unavailable for a 

straightforward calculation, and the 

directive provides instructions for 

completing alternative calculations or 

assessments where appropriate. 

Negligible Impact Determination 

NMFS evaluated the impact of the 

WA/OR/CA sablefish pot fishery 

following the directive and based on the 

best available scientific information, 

made a preliminary NID. The NID 

analysis is presented in the 

accompanying MMPA 101(a)(5)(E) 

evaluation document that provides 

summaries of the information used to 

evaluate each ESA-listed stock 

documented on the 2024 MMPA LOF as 

killed or injured incidental to the 

fishery (available at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/listfisheries-summary-tables). The draft 

MMPA 101(a)(5)(E) evaluation 

document is available at: https://

www.regulations.gov/docket/NOAANMFS-2024-0087. 

The Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whale are transboundary stocks. As 

noted above, because of the uncertainty 

regarding M/SI that occurs outside of 

U.S. waters for transboundary stocks, 

we assumed that total M/SI exceeds 

NITt for the above transboundary stocks 

and proceeded directly to the Tier 2 

NITs analysis. 

The most recent SARs for the Central 

America/Southern Mexico-CA/OR/WA 

and Mainland Mexico-CA/OR/WA 

stocks of humpback whale include 

fishery-related M/SI not assigned to a 

specific commercial fishery 

(information provided in NID analyzes 

summaries where applicable below). 

This unattributed fishery-related M/SI 

could be from any number of 

commercial, recreational, or tribal 

fisheries, including the WA/OR/CA 

sablefish pot fishery. Because data are 

not currently available to assign the 

unattributed fishery-related M/SI to a 

specific commercial fishery, we did not 

include unattributed mortality in the 

calculations for NID Tier 2 analyses 

(described below). NMFS is actively 

monitoring the WA/OR/CA sablefish pot 

fishery through a fishery observer 

program. If additional fishery-related M/ 

SI is documented through the observer 

program that indicates additional M/SI 

of the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whale, then NMFS will re-evaluate the 

NID and the permit. 

Based on the criteria outlined in the 

directive, the most recent SARs, and the 

best available scientific information, 

NMFS has determined that the M/SI of 

Central America/Southern Mexico-CA/ 

OR/WA and Mainland Mexico-CA/OR/ 

WA stocks of humpback whale 

incidental to the WA/OR/CA sablefish 

pot fishery will have a negligible impact 

on these stocks. Accordingly, this 

MMPA 101(a)(5)(E) requirement is 

satisfied for WA/OR/CA sablefish pot 

fishery (see draft MMPA 101(a)(5)(E) 

determination document is available at: 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0087). Summaries of 

the NID analyses are provided below. 

The Category II WA/OR/CA sablefish 

pot fishery has documented incidental 

M/SI of the Central America/Southern 

Mexico-CA/OR/WA stock of humpback 

whale. The 2022 SAR includes a mean 

annual total commercial fishery-related 

M/SI (8.1) for the Central America/ 

Southern Mexico-CA/OR/WA stock of 

humpback whale (Carretta et al. 2023). 

This comprises M/SI from all 

commercial fisheries, including the 

WA/OR/CA sablefish pot fishery, as 

well as fishery-related M/SI for the stock 

not assigned to a specific commercial 

fishery. The SAR also includes 

unattributed fishery-related M/SI (4.582) 

for the stock, which is not assigned to 

a specific commercial fishery. 

The estimated M/SI of humpback 

whales (Central America/Southern 

Mexico-CA/OR/WA stock) in the WA/ 

OR/CA sablefish pot fishery is 0.66 

(Carretta et al. 2023). Since this M/SI 

(0.66) is less than NITs (0.68), NMFS 

determined that the WA/OR/CA 

sablefish pot fishery has a negligible 

impact on the Central America/ 

Southern Mexico-CA/OR/WA stock of 

humpback whale (see accompanying 

MMPA 101(a)(5)(E) evaluation 

document). 

The Category II WA/OR/CA sablefish 

pot fishery has documented incidental 

M/SI of the Mainland Mexico-CA/OR/ 

WA stock of humpback whale. The 2022 

SAR includes a mean annual total 

commercial fishery-related M/SI (11.4) 

for the Mainland Mexico-CA/OR/WA 

stock of humpback whale (Carretta et al. 

2023). This comprises M/SI from all 

commercial fisheries, including the 

WA/OR/CA sablefish pot fishery, as 

well as fishery-related M/SI for the stock 

not assigned to a specific commercial 

fishery. The SAR also includes 

unattributed fishery-related M/SI (6.431) 

for the stock, which is not assigned to 

a specific commercial fishery. 

The estimated M/SI of humpback 

whales (Mainland Mexico-CA/OR/WA 

stock) in the WA/OR/CA sablefish pot 

fishery is 0.902 (Carretta et al. 2023). 

Since this M/SI (0.902) is less than NITs

(1.70), NMFS determined that the WA/ 

OR/CA sablefish pot fishery has a 

negligible impact on the Mainland 

Mexico-CA/OR/WA stock of humpback 

whale (see accompanying MMPA 

101(a)(5)(E) evaluation document). 

Recovery Plans 

A recovery plan for the global listing 

humpback whales was developed in 

1991. Also, a new recovery plan for 

humpback whales is being developed. 

In 2016, NMFS revised the listing status 

of the humpback whale under the ESA. 

The globally listed endangered species 

was divided into 14 distinct population 

segments (DPSs), the species-level 

listing was removed, and NMFS listed 

four DPSs as endangered and one DPS 

as threatened (81 FR 62260, September 

8, 2016). In June 2022, NMFS published 

a recovery outline for the Central 

America, Mexico, and Western North 

Pacific DPSs of humpback whales 

(https://www.fisheries.noaa.gov/ 

resource/document/recovery-outlinecentral-america-mexico-and-westernnorth-pacific-distinct). The recovery 

outline serves as an interim guidance 

document and, with the existing 

species-wide recovery plan, directs 

recovery efforts, including recovery 

planning, for the Central America 

(Central America/Southern Mexico-CA/ 

OR/WA stock) and Mexico (Mainland 

Mexico-CA/OR/WA stock) DPSs of 

humpback whales. Once finalized, the 

new recovery plan will replace the 

species-wide recovery plan that was 

published in 1991. 

Accordingly, the requirement that a 

recovery plan has been developed 

pursuant to the ESA is satisfied. 


khammond on DSKJM1Z7X2PROD with NOTICES
73380 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

Take Reduction Plan 

The MMPA section 118 requires the 

development and implementation of a 

TRP for each strategic stock that 

interacts with a Category I or II fishery. 

Subject to available funding, the 

Secretary shall give highest priority to 

the development of TRPs for species or 

stocks whose M/SI exceeds potential 

biological removal level, have a small 

population size, and which are 

declining most rapidly. The stocks 

considered for these permits are 

designated as strategic stocks under the 

MMPA because the stocks or a 

component of the stocks are listed as 

threatened species or endangered 

species under the ESA (MMPA section 

3(19)(C)). A TRP for the WA/OR/CA 

sablefish pot fishery and the affected 

marine mammal species or stocks 

(Central America/Southern Mexico-CA/ 

OR/WA and Mainland Mexico-CA/OR/ 

WA stocks of humpback whale) is under 

development. 

On September 29, 2023, NMFS 

published a notice (Scoping for a 

Marine Mammal Take Reduction Team 

to Address Incidental Mortality and 

Serious Injury of Humpback Whale 

Stocks in the Pacific, 88 FR 67254) 

expressing NMFS’ intent to establish a 

TRT to develop a TRP to address the 

incidental mortality and serious injury 

of the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whales in the WA/OR/CA sablefish pot 

fishery and seeking input on whether 

other Category I or II fisheries that 

incidentally kill or seriously injure 

these stocks of humpback whales 

should be addressed by the Team. For 

more information, please see https://

www.fisheries.noaa.gov/west-coast/ 

marine-mammal-protection/west-coasttake-reduction-team. 

Accordingly, the requirement under 

MMPA section 118 to have TRPs in 

place or in development is satisfied (see 

preliminary determination supporting 

the permit available on the internet at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0087). 

Monitoring Program 

Under MMPA section 118(d), NMFS 

is to establish a program for monitoring 

incidental M/SI of marine mammals 

from commercial fishing operations. 

The WA/OR/CA sablefish pot fishery is 

monitored by a NMFS fishery observer 

program. Accordingly, the requirement 

under MMPA section 118 to have a 

monitoring program in place is satisfied. 

Vessel Registration 

MMPA section 118(c) requires that 

vessels participating in Category I and II 

fisheries register to obtain an 

authorization to take marine mammals 

incidental to fishing activities. NMFS 

has integrated the MMPA registration 

process, implemented through the 

Marine Mammal Authorization 

Program, with existing state and Federal 

fishery license, registration, or permit 

systems for Category I and II fisheries on 

the LOF. Therefore, the requirement for 

vessel registration is satisfied. 

Conclusions for Proposed Permit 

Based on the above evaluation for the 

WA/OR/CA sablefish pot fishery as it 

relates to the three requirements of 

MMPA section 101(a)(5)(E), we propose 

to issue a MMPA 101(a)(5)(E) permit to 

the WA/OR/CA sablefish pot fishery to 

authorize the incidental take of ESAlisted species or stocks during 

commercial fishing operations. If, 

during the 3-year authorization, there is 

a significant change in the information 

or conditions used to support any of 

these determinations, NMFS will reevaluate whether to amend or modify 

the authorization, after notice and 

opportunity for public comment. NMFS 

solicits public comments on the 

proposed permit and the preliminary 

determinations supporting the permit. 

ESA Section 7 and National 

Environmental Policy Act (NEPA) 

Requirements 

ESA section 7(a)(2) requires Federal 

agencies to ensure that actions they 

authorize, fund, or carry out do not 

jeopardize the continued existence of 

any species listed under the ESA, or 

destroy or adversely modify designated 

critical habitat of any ESA-listed 

species. The effects of WA/OR/CA 

sablefish pot commercial fishery on 

ESA-listed marine mammals for which 

a permit is proposed here, were 

analyzed in the appropriate ESA section 

7 Biological Opinions on the 

commercial fishery (see https://

s3.amazonaws.com/media.fisheries.

noaa.gov/2020-10/Opinion-26OCT2020_

Groundfish%20biop-humpback

supplement_102320_GR.pdf?null), and 

incidental take was exempted for those 

ESA-listed marine mammals for the 

WA/OR/CA sablefish pot fishery in 

accordance with the Biological 

Opinions’ incidental take statement. 

Under section 7 of the ESA, Biological 

Opinions quantify the effects of the 

proposed action on ESA-listed species 

and their critical habitat and, where 

appropriate, exempt take of ESA-listed 

species that is reasonably certain to 

occur, as specified in the incidental take 

statement. 

Under MMPA section 101(a)(5)(E), 

NMFS analyzes previously documented 

M/SI incidental to commercial fisheries 

through the NID process, and when the 

necessary findings can be made, issues 

a MMPA section 101(a)(5)(E) permit that 

allows for an unspecified amount of 

incidental taking of specific ESA-listed 

marine mammal stocks while engaging 

in commercial fishing operations. Thus, 

the applicable standards and resulting 

analyses under the MMPA and ESA 

differ, and as such, do not always align. 

NEPA requires Federal agencies to 

evaluate the impacts of alternatives for 

their actions on the human 

environment. Because the proposed 

permit would not modify any fishery 

operation and the effects of the fishery 

operations have been evaluated in 

accordance with NEPA, no additional 

NEPA analysis beyond that conducted 

for the associated Fishery Management 

Plans is required for the permit. Issuing 

the proposed permit would have no 

additional impact on the human 

environment or effects on threatened or 

endangered species beyond those 

analyzed in these documents. 

References 

Carretta, J.W., E.M. Oleson, K.A. Forney, 

M.M. Muto, D.W. Weller, A.R. Lang, J. 

Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. 

Moore, and R.L. Brownell. 2023. U.S. 

Pacific Marine Mammal Stock 

Assessments: 2022. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS–SWFSC–684. 409 

p. 

National Marine Fisheries Service (NMFS). 

2020. National Marine Fisheries Service 

Procedure 02–204–02: Criteria for 

Determining Negligible Impact under 

MMPA Section 101(a)(5)(E). 20 p. 

Available online: https://www.fisheries.

noaa.gov/national/laws-and-policies/ 

protected-resources-policy-directives 

Dated: September 4, 2024. 

Catherine Marzin, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2024–20342 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE275] 

Marine Mammals; File No. 28223 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Steven Emslie, Ph.D., University of 


khammond on DSKJM1Z7X2PROD with NOTICES