[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73377-73380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20342]


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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.

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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 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 e-Rulemaking 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-species-conservation/recovery-species-under-endangered-species-act; 2024 MMPA List of 
Fisheries (LOF), https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-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-assessment-reports-region, and stock, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-species-stock; and Take Reduction Teams (TRT) 
and Plans, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams.

FOR FURTHER INFORMATION CONTACT: Dan Lawson, West Coast Region, (206) 
526-4740, <a href="/cdn-cgi/l/email-protection#d591b4bbfb99b4a2a6babb95bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="7430151a5a381503071b1a341a1b15155a131b02">[email protected]</span></a>, or Jaclyn Taylor, NMFS Office of 
Protected Resources, (301) 427-8402, <a href="/cdn-cgi/l/email-protection#5b113a38372235750f3a223734291b35343a3a753c342d"><span class="__cf_email__" data-cfemail="ca80aba9a6b3a4e49eabb3a6a5b88aa4a5ababe4ada5bc">[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 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

[[Page 73378]]

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-ESA-listed 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/marine-mammal-stock-assessment-reports), recovery plans for these 
species (available at: https://www.fisheries.noaa.gov/national/endangered-species-conservation/recovery-species-under-endangered-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/NOAA-NMFS-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/laws-and-policies/protected-resources-policy-directives. 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

[[Page 73379]]

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 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/list-fisheries-summary-tables). The draft MMPA 
101(a)(5)(E) evaluation document is available at: https://www.regulations.gov/docket/NOAA-NMFS-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 NIT<INF>t</INF> for the above transboundary stocks and 
proceeded directly to the Tier 2 NIT<INF>s</INF> 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 
NIT<INF>s</INF> (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 NIT<INF>s</INF> (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-outline-central-america-mexico-and-western-north-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.

[[Page 73380]]

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-coast-take-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 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 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-humpbacksupplement_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


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