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
Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73381 

North Carolina Wilmington, Department 

of Biology and Marine Biology, 601 S. 

College Road, Wilmington, North 

Carolina 284003, has applied in due 

form for a permit to collect, import, and 

export marine mammal parts for 

scientific research. 

DATES: Written comments must be 

received on or before October 10, 2024. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the ‘‘Features’’ box on 

the Applications and Permits for 

Protected Species home page, https://

apps.nmfs.noaa.gov, and then selecting 

File No. 28223 from the list of available 

applications. These documents are also 

available upon written request via email 

to NMFS.Pr1Comments@noaa.gov. 

Written comments on this application 

should be submitted via email to 

NMFS.Pr1Comments@noaa.gov. Please 

include File No. 28223 in the subject 

line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Shasta 

McClenahan, Ph.D., (301) 427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.) and the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216). 

The applicant proposes to collect, 

import, and export mummified remains 

of seals from the Ross Sea, Antarctica to 

study virology and evolutionary biology. 

These parts are estimated to be 

hundreds to thousands of years old and 

from the following species: crabeater 

(Lobodon carcinophagus), Weddell 

(Leptonychotes weddellii), leopard 

(Hydrurga leptonyx), and southern 

elephant (Mirounga leonine) seals. Parts 

from up to 10 individuals from each 

species will be collected, imported, and 

exported for analysis annually. The 

permit would be valid for 3 years from 

the date of issuance. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: September 5, 2024. 

Julia M. Harrison, Chief, Permits and 

Conservation Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2024–20414 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE196] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Ferndale Pier 

Maintenance Activities in Ferndale, 

Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to 

Petrogas Pacific, LLC (Petrogas) to 

incidentally harass marine mammals 

during construction activities associated 

with Ferndale Pier Maintenance 

Activities in Ferndale, Washington. 

DATES: The authorization is effective 

from August 1, 2025 to July 31, 2026. 

ADDRESSES: Electronic copies of the 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://www.fisheries.

noaa.gov/action/incidental-takeauthorization-petrogas-pacific-llcsferndale-pier-maintenance-activities. In 

case of problems accessing these 

documents, please call the contact listed 

below. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

is provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the monitoring and 

reporting of the takings. The definitions 

of all applicable MMPA statutory terms 

cited above are included in the relevant 

sections below. 

Summary of Request 

On January 3, 2024 we received a 

request from Petrogas for an IHA to take 

marine mammals incidental to Ferndale 

Pier Maintenance Activities in Ferndale, 

Washington. Following NMFS’ review 

of the application, Petrogas submitted a 

revised version on March 26, 2024. The 

application was deemed adequate and 

complete on April 25, 2024. The notice 

of proposed IHA published for public 

comment on June 4, 2024 (89 FR 47903). 

Petrogas requested authorization of take 

of harbor seal, California sea lion, 

Steller sea lion and harbor porpoise by 

Level B harassment and, for harbor seal 

and harbor porpoise only, take by Level 

A harassment. Neither Petrogas nor 

NMFS expect serious injury or mortality 

to result from this activity and, 

therefore, an IHA is appropriate. 

Description of the Specified Activity 

Petrogas is planning to remove the 

existing timber Pier that has served as 

a loading facility since 1965 and replace 

it with a new structure that meets 

current industry best practices. The 

activity includes vibratory removal of 

existing timber piles and installation of 

steel piles by both vibratory and impact 

driving. Due to in-water work timing 

restrictions to protect Endangered 

Species Act (ESA)-listed salmonids, all 

planned in-water construction in this 

area is limited to a work window 


khammond on DSKJM1Z7X2PROD with NOTICES