[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6140-6144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02166]


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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.

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SUMMARY: The National Marine Fisheries Service (NMFS) is issuing a 
permit to authorize the incidental, but not intentional, take of 
specific

[[Page 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-impact-determination-and-mmpa-section-101a5e-authorization-ak-bering-sea-aleutian 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-species-conservation/recovery-species-under-endangered-species-act; 2021 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 and Plans, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams.

FOR FURTHER INFORMATION CONTACT: Suzie Teerlink, NMFS Alaska Region, 
907-586-7240, <a href="/cdn-cgi/l/email-protection#4f1c3a35262a611b2a2a3d232621240f21202e2e61282039"><span class="__cf_email__" data-cfemail="6c3f19160509423809091e000502072c02030d0d420b031a">[email protected]</span></a>; or Jaclyn Taylor, NMFS Office of 
Protected Resources, 301-427-8402, <a href="/cdn-cgi/l/email-protection#1c567d7f70657232487d6570736e5c72737d7d327b736a"><span class="__cf_email__" data-cfemail="e6ac87858a9f88c8b2879f8a8994a688898787c8818990">[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; 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 Non-Serious 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-mammal-protection/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 ESA-listed 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-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 and final 
determinations supporting the permit (available at: https://www.regulations.gov/docket/NOAA-NMFS-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

[[Page 6142]]

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/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 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 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 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 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 
NIT<INF>t</INF> and proceeded directly to the Tier 2 NIT<INF>s</INF> 
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 NIT<INF>s</INF> (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

[[Page 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 fishery-related 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 NIT<INF>t</INF> is exceeded and conducted the more 
conservative Tier 2 analysis with the lower NIT<INF>s</INF> 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 ESA-listed 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-and-mmpa-section-101a5e-authorization-ak-bering-sea-aleutian or https://www.regulations.gov/docket/NOAA-NMFS-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/NOAA-NMFS-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-endangered-species-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-plans-and-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/NOAA-NMFS-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

[[Page 6144]]

the AK BSAI Pacific cod pot fishery to authorize the incidental take of 
ESA-listed 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/protected-resources-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-mammal-protection/guidelines-assessing-marine-mammal-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-mammal-protection/marine-mammal-protection-act-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


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