6140 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 

1See Certain Steel Nails From the Republic of 

Korea: Final Results of Antidumping Duty 

Administrative Review; 2019–2020, 87 FR 3079 

(January 20, 2022). 

2See Certain Steel Nails From the Republic of 

Korea: Final Results of Antidumping Duty 

Administrative Review: 2019–2020, 87 FR 2763 

(January 19, 2022). 

Section Member appointments through 

April 30, 2022. 

Dated: January 25, 2022. 

Alexander Peacher, 

Director for the Office of Latin America & 

the Caribbean. 

[FR Doc. 2022–01881 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–HE–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–874] 

Certain Steel Nails From the Republic 

of Korea: Final Results of Antidumping 

Duty Administrative Review; 2019– 

2020; Correction 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice; correction. 

SUMMARY: The Department of Commerce 

(Commerce) published notice in the 

Federal Register of January 20, 2022, in 

which Commerce announced the final 

results of the 2019–2020 administrative 

review of the antidumping duty (AD) 

order on certain steel nails from the 

Republic of Korea (Korea). This notice 

was a duplicate for a notice published 

on January 19, 2022, in which 

Commerce announced the final results 

of the 2019–2020 administrative review 

of the AD order on certain steel nails 

from Korea. 

FOR FURTHER INFORMATION CONTACT: Eva 

Kim, AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–8283. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of January 20, 

2022, the FR Doc 2022–01038 is a 

duplicate to the notice published on 

January 19, 2022, FR Doc 2022–00957. 

Background 

On January 20, 2022, Commerce 

published in the Federal Register the 

final results of the 2019–2020 

administrative reviews of the AD order 

on certain steel nails from Korea.1 This 

was a duplicate notice from the January 

19, 2022, notice published in the 

Federal Register announcing the final 

results of the 2019–2020 administrative 

reviews of the AD order on certain steel 

nails from Korea.2 The controlling 

notice is the original January 19, 2022, 

notice. The inadvertent duplicate 

publication of this notice does not 

constitute redetermination of this 

proceeding. This notice serves as a 

notification of, and correction to, this 

inadvertent duplicate publication. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with section 751(a) of the 

Tariff Act of 1930, as amended. 

Dated: January 28, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2022–02274 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB769] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Ecosystem and Ocean 

Planning (EOP) Committee and 

Advisory Panel (AP) of the Mid-Atlantic 

Fishery Management Council (Council) 

will hold a joint meeting. See 

SUPPLEMENTARY INFORMATION for agenda 

details. 

DATES: The meeting will be held on 

Thursday, February 24, 2022, from 1 

p.m. through 2:30 p.m. 

ADDRESSES: The meeting will take place 

over webinar with a telephone-only 

connection option. Details on how to 

connect to the webinar by computer and 

by telephone will be available at: 

www.mafmc.org. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; website: 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The 

purpose of this meeting is for the EOP 

Committee and AP to provide feedback 

and input on a research project the 

Council is collaborating on with a 

research team from Rutgers University. 

The project is developing forecast 

models to predict short-term (1–10 

years) climate-induced distribution 

changes for four economically important 

Mid and South Atlantic managed 

species (summer flounder, spiny 

dogfish, Illex squid, and gray 

triggerfish). Short-term projections 

should provide for greater management 

utility and application since most 

management considerations and 

decisions operate at similar timescales. 

A forecast model has been completed 

for summer flounder and the research 

team will present on model 

development and initial/draft results 

and outputs. The EOP Committee and 

AP will provide feedback on the model 

outputs and their potential utility and 

offer input on future project direction 

and next steps. 

A detailed agenda and background 

documents will be made available on 

the Council’s website (www.mafmc.org) 

prior to the meeting. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to 

Shelley Spedden, (302) 526–5251, at 

least 5 days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 31, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–02285 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB696] 

Taking of Threatened or Endangered 

Marine Mammals Incidental to 

Commercial Fishing Operations; 

Issuance of Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is issuing a 

permit to authorize the incidental, but 

not intentional, take of specific 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6141 

Endangered Species Act (ESA)-listed 

marine mammal species or stocks under 

the Marine Mammal Protection Act 

(MMPA), in the Alaska (AK) Bering Sea, 

Aleutian Islands (BSAI) Pacific cod pot 

fishery. 

DATES: The permit is effective for a 

three-year period beginning February 3, 

2022. 

ADDRESSES: Reference materials for the 

permit including the final negligible 

impact determination are available on 

the internet at https://www.fisheries.

noaa.gov/action/negligible-impactdetermination-and-mmpa-section101a5e-authorization-ak-bering-seaaleutian or https://www.regulations.gov/ 

docket/NOAA-NMFS-2021-0123. 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; 2021 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 and Plans, https://www.fisheries.

noaa.gov/national/marine-mammalprotection/marine-mammal-takereduction-plans-and-teams. 

FOR FURTHER INFORMATION CONTACT: 

Suzie Teerlink, NMFS Alaska Region, 

907–586–7240, Suzie.Teerlink@

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; 

and (3) where required under MMPA 

section 118, a take reduction plan has 

been developed or is being developed, 

a monitoring program is implemented, 

and vessels participating in the fishery 

are registered (16 U.S.C. 1371(a)(5)(E)). 

NMFS has determined that the AK BSAI 

Pacific cod pot fishery meets these three 

requirements and is issuing a permit to 

the fishery to authorize the incidental 

take of ESA-listed marine mammal 

species or stocks (Central North Pacific 

and Western North Pacific stocks of 

humpback whale) under the MMPA for 

a period of three years. 

Background 

The MMPA List of Fisheries (LOF) 

classifies each commercial fishery as a 

Category I, II, or III fishery based on the 

level of mortality and injury of marine 

mammals occurring incidental to each 

fishery as defined in 50 CFR 229.2. 

Category I and II fisheries must register 

with NMFS and are subsequently 

authorized to incidentally take marine 

mammals during commercial fishing 

operations. However, that authorization 

is limited to those marine mammals that 

are not listed as threatened or 

endangered under the ESA. Section 

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

1371, states that NMFS, as delegated by 

the Secretary of Commerce, for a period 

of up to 3 years shall allow the 

incidental, but not intentional, taking of 

marine mammal stocks designated as 

depleted because of their listing as an 

endangered species or threatened 

species under the ESA, 16 U.S.C. 1531 

et seq., by persons using vessels of the 

United States and those vessels which 

have valid fishing permits issued by the 

Secretary in accordance with section 

204(b) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1824(b), while engaging in 

commercial fishing operations, if NMFS 

makes certain determinations. NMFS 

must determine, after notice and 

opportunity for public comment, that: 

(1) Incidental M/SI from commercial 

fisheries will have a negligible impact 

on the affected species or stock; (2) a 

recovery plan has been developed or is 

being developed for such species or 

stock under the ESA; and (3) where 

required under section 118 of the 

MMPA, a monitoring program has been 

established, vessels engaged in such 

fisheries are registered in accordance 

with section 118 of the MMPA, and a 

take reduction plan has been developed 

or is being developed for such species 

or stock. 

The LOF includes a list of marine 

mammal species or stocks incidentally 

killed or injured in each commercial 

fishery. We evaluated ESA-listed stocks 

or species included on the final 2021 

MMPA LOF as killed or seriously 

injured following NMFS’ Procedural 

Directive 02–238 ‘‘Process for 

Distinguishing Serious from NonSerious Injury of Marine Mammals.’’ 

Based on this evaluation, NMFS 

proposed to issue a permit under 

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

registered in the Category II AK BSAI 

Pacific cod pot fishery, as classified on 

the final 2021 MMPA LOF, to 

incidentally kill or seriously injure 

individuals from the Central North 

Pacific and Western North Pacific stocks 

of humpback whale (86 FR 71236; 

December 15, 2021). 

NMFS will regularly evaluate other 

commercial fisheries for purposes of 

making a negligible impact 

determination (NID) and issuing section 

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

annual LOF as new information 

becomes available. More information 

about the AK BSAI Pacific cod pot 

fishery is available in the 2021 MMPA 

LOF (86 FR 3028; January 14, 2021) and 

on the internet at: https://www.fisheries.

noaa.gov/national/marine-mammalprotection/list-fisheries-summary-tables. 

We reviewed the best available 

scientific information to determine 

whether the AK BSAI Pacific cod pot 

fishery met the three requirements of 

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

permit for the incidental taking of ESAlisted marine mammals. This 

information is included in the 2021 

MMPA LOF (86 FR 3028; January 14, 

2021), the SARs for these species 

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

noaa.gov/national/marine-mammalprotection/marine-mammal-stockassessment-reports), recovery plans for 

these species (available at: https://

www.fisheries.noaa.gov/national/ 

endangered-species-conservation/ 

recovery-species-under-endangeredspecies-act), and other relevant 

information, as detailed further in the 

documents describing the preliminary 

and final determinations supporting the 

permit (available at: https://

www.regulations.gov/docket/NOAANMFS-2021-0123). 

NMFS is in the process of revising 

humpback whale stock structure under 

the MMPA in response to the 14 

Distinct Population Segments (DPSs) 

established under the ESA (81 FR 

62259, September 8, 2016), and based 

on the ‘‘Procedural Directive 02–204– 

03: Reviewing and Designating Stocks 

and Issuing Stock Assessment Reports 

under the Marine Mammal Protection 

Act’’ (NMFS 2019). The humpback 

whale DPSs that occur in waters under 

the jurisdiction of the United States do 

not align with the existing MMPA 

stocks. Some of the listed DPSs partially 

coincide with the currently defined 

stocks. Because we cannot manage one 

portion of an MMPA stock as ESA-listed 

and another portion of a stock as not 

ESA-listed, until such time as the 


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6142 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 

MMPA stock designations are revised, 

NMFS continues to use the existing 

MMPA stock structure for MMPA 

management purposes (e.g., selection of 

a recovery factor, stock status) and treats 

such stocks as ESA-listed if a 

component of that stock is listed under 

the Act and overlaps with the analyzed 

commercial fishery. Therefore, for the 

purpose of this MMPA 101(a)(5)(E) 

authorization, we considered the 

Central North Pacific and Western North 

Pacific stocks of humpback whales to be 

ESA-listed as they overlap with the two 

ESA-listed DPSs: The threatened 

Mexico DPS and the endangered 

Western North Pacific DPS. 

Basis for Determining Negligible Impact 

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

permit to take ESA-listed marine 

mammals incidental to commercial 

fishing, NMFS must determine if the M/ 

SI incidental to commercial fisheries 

will have a negligible impact on the 

affected marine mammal species or 

stocks. NMFS satisfies this requirement 

by making a NID. Although the MMPA 

does not define ‘‘negligible impact,’’ 

NMFS has issued regulations providing 

a qualitative definition of ‘‘negligible 

impact,’’ defined in 50 CFR 216.103, as 

an impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival. 

Criteria for Determining Negligible 

Impact 

NMFS relies on a quantitative 

approach for determining negligible 

impact detailed in NMFS Procedural 

Directive 02–204–02 (directive), 

‘‘Criteria for Determining Negligible 

Impact under MMPA section 

101(a)(5)(E),’’ which became effective on 

June 17, 2020 (NMFS 2020). The 

procedural directive is available online 

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

national/laws-and-policies/protectedresources-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 

(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 

the Tier 2 NITs analysis. If a commercial 

fishery has a negligible impact across all 

ESA-listed stocks, then the first of 3 

findings necessary for issuing a MMPA 

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

fishery has been met (i.e., a negligible 

impact determination). If a commercial 

fishery has a non-negligible impact on 

any ESA-listed stock, then NMFS 

cannot issue a MMPA 101(a)(5)(E) 

permit for the fishery to incidentally 

take ESA-listed marine mammals. 

These NID criteria rely on the best 

available scientific information, 

including estimates of a stock’s 

minimum population size and 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 AK 

BSAI Pacific cod pot fishery using the 

process outlined in the directive, and, 

based on the best available scientific 

information, made a NID. 

The Central North Pacific and 

Western North Pacific stocks of 

humpback whales 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 and proceeded directly to 

the Tier 2 NITs analysis. The most 

recent (2020) final Central North Pacific 

and Western North Pacific humpback 

whale SARs documented M/SI of 

Central North Pacific and Western North 

Pacific stocks of humpback whale 

incidental to this fishery (Muto et al. 

2021). 

The estimated annual M/SI of Central 

North Pacific humpback whales in the 

AK BSAI Pacific cod pot fishery is 0.2, 

based on Alaska Marine Mammal Health 

and Stranding Response Program data. 

Since this M/SI (0.2) is less than NITs

(3.59), NMFS determined that the AK 

BSAI Pacific cod pot fishery has a 

negligible impact on the Central North 

Pacific stock of humpback whales (see 

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

determination document linked above 

for NIT calculations). 

The estimated annual M/SI of 

Western North Pacific humpback 

whales in the AK BSAI Pacific cod pot 

fishery is 0.2, based on Alaska Marine 

Mammal Health and Stranding 

Response Program data. Since this M/SI 

(0.2) is less than NITs (0.39), NMFS 

determined that the AK BSAI Pacific 

cod pot fishery has a negligible impact 

on the Western North Pacific stock of 

humpback whales (see accompanying 

MMPA 101(a)(5)(E) determination 

document linked above for NIT 

calculations). 

The estimated annual M/SI noted 

above for the Central North Pacific and 

Western North Pacific stocks of 

humpback whales is based on a single 

M/SI event that occurred in an area 

where the two stocks overlap. This M/ 

SI was assigned to both the Central 

North Pacific and Western North Pacific 

stocks (Muto et al. 2021) and was 

therefore included in the NID analysis 

for each of these stocks. This is 

conservative as it double counts this 

single M/SI event and assumes it 

applies to each stock individually. 

Furthermore, this also conservatively 

assumes that this M/SI necessarily 

involved a humpback that is listed 

under the ESA, despite a large portion 

(approximately 91 percent) of the 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6143 

humpback whales in the Aleutian 

Islands, Bering Sea, Chukchi Sea, and 

Beaufort Sea area estimated to be part of 

the Hawaii DPS, which is not listed 

under the ESA (Wade 2021, NMFS 

2021). However, as discussed above, the 

humpback whale MMPA stock 

designations are currently being revised 

in response to the ESA-listed DPSs. In 

revising humpback stocks, NMFS is 

evaluating the available data and 

methods to apportion the M/SI to the 

individual stocks in areas where they 

overlap. Once the revised stock 

designations are finalized and the M/SI 

for those stocks is analyzed, the MMPA 

101(a)(5)(E) authorization will be 

modified as appropriate. 

The 2020 SAR includes the mean 

annual total commercial fishery-related 

M/SI (9.8) for the Central North Pacific 

stock of humpback whale and (0.9) for 

the Western North Pacific stock of 

humpback whale. This comprises M/SI 

from all commercial fisheries, including 

the AK BSAI Pacific cod pot fishery, as 

well as fishery-related M/SI for the stock 

not assigned to a specific commercial 

fishery. The SARs for both stocks also 

include unattributed fishery-related M/ 

SI (7.9 for Central North Pacific, 0.4 for 

Western North Pacific), which is not 

assigned to a specific commercial 

fishery. This unattributed fisheryrelated M/SI could be from any number 

of commercial or recreational fisheries, 

including the AK BSAI Pacific cod pot 

fishery. In accordance with NMFS 

Procedural Directive 02–204–02, 

because data are not currently available 

to assign the unattributed fishery-related 

M/SI to a specific commercial fishery, 

we did not include unattributed 

mortality in the calculations for the NID 

Tier 2 analysis (NMFS 2020). 

In addition, because the Central North 

Pacific and Western North Pacific stocks 

of humpback whales are considered to 

be transboundary stocks, NMFS 

assumed NITt is exceeded and 

conducted the more conservative Tier 2 

analysis with the lower NITs criterion. 

NMFS is actively monitoring the AK 

BSAI Pacific cod pot fishery through the 

North Pacific Fisheries Observer 

Program. Further, most of the 

information on large whale 

entanglements in Alaska is reported to 

and documented by the Alaska Large 

Whale Entanglement Response Program. 

If additional fishery-related M/SI of the 

Central North Pacific or Western North 

Pacific stock of humpback whale is 

documented through the observer 

program or the Alaska Marine Mammal 

Health and Stranding Response Program 

that indicates additional M/SI of the 

Central North Pacific or Western North 

Pacific stock of humpback whale in the 

AK BSAI Pacific cod pot fishery, then 

NMFS will re-evaluate the NID and the 

permit. 

The NID analysis is presented in an 

accompanying MMPA section 

101(a)(5)(E) determination document 

that provides summaries of the 

information used to evaluate each ESAlisted stocks documented on the 2021 

MMPA LOF as killed or injured 

incidental to the fishery (available at: 

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

mmpa-list-fisheries-2021). The final 

MMPA 101(a)(5)(E) determination 

document is available at: https://

www.fisheries.noaa.gov/action/ 

negligible-impact-determination-andmmpa-section-101a5e-authorization-akbering-sea-aleutian or https://

www.regulations.gov/docket/NOAANMFS-2021-0123. Based on the criteria 

outlined in the directive, the most 

recent SAR, and the best available 

scientific information, NMFS has 

determined that the M/SI incidental to 

the Category II AK BSAI Pacific cod pot 

fishery will have a negligible impact on 

the associated ESA-listed marine 

mammal stocks (Central North Pacific 

and Western North Pacific stocks of 

humpback whale). Accordingly, this 

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

satisfied for the commercial fishery (see 

MMPA 101(a)(5)(E) determination 

document available at: https://

www.regulations.gov/docket/NOAANMFS-2021-0123). 

Recovery Plan 

The humpback whale recovery plan 

has been completed (see https://

www.fisheries.noaa.gov/national/ 

endangered-species-conservation/ 

recovery-species-under-endangeredspecies-act). Accordingly, the 

requirement to have recovery plans in 

place or being developed is satisfied. 

Take Reduction Plan 

Subject to available funding, MMPA 

section 118 requires the development 

and implementation of a Take 

Reduction Plan (TRP) for each strategic 

stock that interacts with a Category I or 

II fishery. The stocks considered for this 

permit are designated as a strategic 

stock under the MMPA because the 

stocks, or a component of the stocks, are 

listed as threatened or endangered 

under the ESA (MMPA section 

3(19)(C)). 

The short- and long-term goals of a 

TRP are to reduce M/SI of marine 

mammals incidental to commercial 

fishing to levels below the Potential 

Biological Removal (PBR) level for 

stocks and to an insignificant threshold, 

defined by NMFS as 10 percent of PBR, 

respectively. The obligations to develop 

and implement a TRP are subject to the 

availability of funding. MMPA section 

118(f)(3) (16 U.S.C. 1387(f)(3)) contains 

specific priorities for developing TRPs 

when funding is insufficient. NMFS has 

insufficient funding available to 

simultaneously develop and implement 

TRPs for all strategic stocks that interact 

with Category I or Category II fisheries. 

As provided in MMPA section 

118(f)(6)(A) and (f)(7), NMFS uses the 

most recent SAR and LOF as the basis 

to determine its priorities for 

establishing Take Reduction Teams 

(TRT) and developing TRPs. 

Information about NMFS’ marine 

mammal TRTs and TRPs may be found 

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

national/marine-mammal-protection/ 

marine-mammal-take-reduction-plansand-teams. 

Based on NMFS’ priorities, 

implementation of a TRP for the AK 

BSAI Pacific cod pot fishery is currently 

deferred under MMPA section 118 as 

other stocks/fisheries are a higher 

priority for any available funding. 

Accordingly, the requirement under 

MMPA section 118 to have TRPs in 

place or in development is satisfied (see 

determination supporting the permit 

available on the internet at https://

www.regulations.gov/docket/NOAANMFS-2021-0123). 

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 AK BSAI Pacific cod pot fishery is 

monitored under the partial coverage 

category through the North Pacific 

Fisheries 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 

AK BSAI Pacific cod pot fishery as it 

relates to the three requirements of 

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

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


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6144 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 

the AK BSAI Pacific cod pot fishery to 

authorize the incidental take of ESAlisted species or stocks during 

commercial fishing operations. If, 

during the three-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. 

ESA Section 7 and National 

Environmental Policy Act 

Requirements 

ESA section 7(a)(2) requires federal 

agencies to ensure that actions they 

authorize, fund, or carry out do not 

jeopardize the existence of any species 

listed under the ESA, or destroy or 

adversely modify designated critical 

habitat of any ESA-listed species. The 

effects of the AK BSAI Pacific cod pot 

fishery on ESA-listed marine mammals, 

were analyzed in the ESA section 7 

Biological Opinion for the BSAI 

Groundfish Fishery Management Plan. 

Under section 7 of the ESA, Biological 

Opinions analyze the effects of the 

proposed action on ESA-listed species 

and their critical habitat and, where 

appropriate, exempt anticipated future 

take of ESA-listed species as specified 

in the incidental take statement. Under 

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

analyzes previously documented M/SI 

incidental to commercial fisheries 

through the negligible impact 

determination process, and when the 

necessary findings can be made, issues 

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

allows for an unspecified amount of 

incidental taking of specific ESA-listed 

marine mammal stocks while engaging 

in commercial fishing operations. Thus, 

the applicable standards and resulting 

analyses under the MMPA and ESA 

differ, and as such, may not always 

align. 

The National Environmental Policy 

Act (NEPA) requires Federal agencies to 

evaluate the impacts of alternatives for 

their actions on the human 

environment. Because the permit would 

not modify any fishery operation and 

the effects of the fishery operations have 

been evaluated in accordance with 

NEPA, no additional NEPA analysis 

beyond that conducted for the 

associated Fishery Management Plan is 

required for the permit. Issuing the 

permit would have no additional impact 

on the human environment or effects on 

threatened or endangered species 

beyond those analyzed in these 

documents. 

Public Comments 

On December 15, 2021, NMFS 

published a notice and request for 

comments in the Federal Register for 

the proposed issuance of a permit under 

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

registered in the Category II AK BSAI 

Pacific cod pot fishery (86 FR 71236). 

The public comment period closed on 

December 30, 2021. NMFS received one 

non-substantive comment letter 

opposing the proposed issuance of the 

permit and underlying preliminary 

negligible impact determination. 

References 

Muto, M.M., V.T. Helker, B.J. Delean, N.C. 

Young, J.C. Freed, R.P. Angliss, N.A. 

Friday, P.L. Boveng, J.M. Breiwick, B.M. 

Brost, M.F. Cameron, P.J. Clapham, J.L. 

Crance, S.P. Dahle, M.E. Dahlheim, B.S. 

Fadely, M.C. Ferguson, L.W. Fritz, K.T. 

Goetz, R.C. Hobbs, Y.V. Ivashchenko, 

A.S. Kennedy, J.M. London, S.A. 

Mizroch, R.R. Ream, E.L. Richmond, K.E. 

W. Shelden, K.L. Sweeney, R.G. Towell, 

P.R. Wade, J.M. Waite, and A.N. Zerbini. 

2021. Alaska marine mammal stock 

assessments, 2020. U.S. Department of 

Commerce, NOAA Tech. Memo. NMFS– 

AFSC–421. 398 p. 

National Marine Fisheries Service (NMFS). 

2021. Occurrence of Endangered Species 

Act (ESA) Listed Humpback Whales off 

Alaska. 4 p. Available online: https://

media.fisheries.noaa.gov/2021-12/ 

Guidance-Humpbacks-Alaska.pdf. 

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. 

National Marine Fisheries Service (NMFS). 

2019. National Marine Fisheries Service 

Procedure 02–204–03: Reviewing and 

designating stocks and issuing Stock 

Assessment Reports under the Marine 

Mammal Protection Act. 9 p. Available 

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

national/laws-and-policies/protectedresources-policy-directives 

National Marine Fisheries Service (NMFS). 

2016. National Marine Fisheries Service 

Procedure 02–204–01: Guidelines for 

preparing stock assessment reports 

pursuant to the 1994 amendments to the 

Marine Mammal Protection Act. 23 p. 

Available online: https://www.fisheries.

noaa.gov/national/marine-mammalprotection/guidelines-assessing-marinemammal-stocks. 

National Marine Fisheries Service (NMFS). 

2014. National Marine Fisheries Service 

Procedure 02–238–01: Process for 

Distinguishing Serious from Non-Serious 

Injury of Marine Mammals. 42 p. 

Available online: https://www.fisheries.

noaa.gov/national/marine-mammalprotection/marine-mammal-protectionact-policies-guidance-and-regulations 

Wade, P. R. 2021. Estimates of abundance 

and migratory destination for North 

Pacific humpback whales in both 

summer feeding areas and winter mating 

and calving areas. International Whaling 

Commission. SC/68c/IA/03. 32 p. 

https://archive.iwc.int/. 

Dated: January 28, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–02166 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB776] 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

Ad Hoc Groundfish Electronic 

Monitoring Policy Advisory Committee 

and Technical Advisory Committee 

(Committees) will hold two webinars, 

which are open to the public. 

DATES: The online meetings will be held 

February 23 and March 30, 2022, from 

9 a.m. to 12 p.m., Pacific Time each day 

or until work for the day is completed. 

ADDRESSES: These meetings will be held 

online. Specific meeting information, 

including directions on how to join the 

meetings and system requirements will 

be provided in the meeting 

announcements on the Pacific Council’s 

website (see www.pcouncil.org). You 

may send an email to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov) or contact him at (503) 820– 

2412 for technical assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Brett Wiedoff, Staff Officer, Pacific 

Council; telephone: (503) 820–2424. 

SUPPLEMENTARY INFORMATION: The 

purpose of these webinars is to discuss 

continued development of the West 

Coast Electronic Monitoring Program 

(EM Program). The Committees will 

begin scoping EM Program issues and 

conduct a workload planning process to 

identify future meetings and topics at 

the February 23rd webinar. The March 

30th webinar will be a work session to 


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