96230 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 

millimeters across each solar cell, and (F) 

must be in individual retail packaging (for 

purposes of this provision, retail packaging 

typically includes graphics, the product 

name, its description and/or features); and 

2. Small off-grid panels with glass cover, 

with the following characteristics: (A) surface 

area from 3,450 mm2 to 33,782 mm2, (B) with 

one black wire and one red wire (each of type 

22AWG or 28 AWG not more than 350 mm 

in length when measured from panel 

extrusion), (C) not exceeding 10 volts, (D) not 

exceeding 1.1 amps, (E) not exceeding 6 

watts, and (F) for the purposes of this 

exclusion, no panel shall contain an internal 

battery or external computer peripheral ports. 

Additionally excluded from the scope of 

the investigations are: 

1. Off grid rigid CSPV panels with a glass 

cover, with the following characteristics: (A) 

a total power output of 175 watts or less per 

panel, (B) a maximum surface area of 9,000 

cm2 per panel, (C) do not include a built-in 

inverter, (D) must include a permanently 

connected wire that terminates in waterproof 

connector with a cylindrical positive 

electrode and a rectangular negative 

electrode with the positive and negative 

electrodes having an interlocking structure; 

(E) must include visible parallel grid 

collector metallic wire lines every 1–4 

millimeters across each solar cell, and (F) 

must be in individual retail packaging (for 

purposes of this provision, retail packaging 

typically includes graphics, the product 

name, its description and/or features); and 

2. Off grid CSPV panels without a glass 

cover, with the following characteristics, (A) 

a total power output of 220 watts or less per 

panel, (B) a maximum surface area of 16,000 

cm2 per panel, (C) do not include a built-in 

inverter, (D) must include visible parallel 

grid collector metallic wire lines every 1–4 

millimeters across each solar cell, and (E) 

each panel is encased in a laminated material 

without stitching. 

Also excluded from the scope of these 

investigations are off-grid CSPV panels in 

rigid form, with or without a glass cover, 

permanently attached to an aluminum 

extrusion that is an integral component of an 

automation device that controls natural light, 

whether or not assembled into a fully 

completed automation device that controls 

natural light, with the following 

characteristics: 

1. a total power output of 20 watts or less 

per panel; 

2. a maximum surface area of 1,000 cm2

per panel; 

3. does not include a built-in inverter for 

powering third party devices. 

Modules, laminates, and panels produced 

in a third-country from cells produced in a 

subject country are covered by the 

investigations; however, modules, laminates, 

and panels produced in a subject country 

from cells produced in a third-country are 

not covered by the investigations. 

Also excluded from the scope of these 

investigations are all products covered by the 

scope of the antidumping and countervailing 

duty orders on Crystalline Silicon 

Photovoltaic Cells, Whether or Not 

Assembled into Modules, from the People’s 

Republic of China: Amended Final 

Determination of Sales at Less Than Fair 

Value, and Antidumping Duty Order, 77 FR 

73018 (December 7, 2012); and Crystalline 

Silicon Photovoltaic Cells, Whether or Not 

Assembled into Modules, from the People’s 

Republic of China: Countervailing Duty 

Order, 77 FR 73017 (December 7, 2012). 

Merchandise covered by the investigations 

is currently classified in the Harmonized 

Tariff System of the United States (HTSUS) 

under subheadings 8541.42.0010 and 

8541.43.0010. Imports of the subject 

merchandise may enter under HTSUS 

subheadings 8501.71.0000, 8501.72.1000, 

8501.72.2000, 8501.72.3000, 8501.72.9000, 

8501.80.1000, 8501.80.2000, 8501.80.3000, 

8501.80.9000, 8507.20.8010, 8507.20.8031, 

8507.20.8041, 8507.20.8061, and 

8507.20.8091. These HTSUS subheadings are 

provided for convenience and customs 

purposes; the written description of the 

scope of the investigations is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Application of Facts Available with 

Adverse Inferences 

V. Adjustments To Cash Deposit Rates For 

Export Subsidies In The Companion 

Countervailing Duty Investigation 

VI. Recommendation 

[FR Doc. 2024–28402 Filed 12–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE350] 

Taking of Threatened or Endangered 

Marine Mammals Incidental to 

Commercial Fishing Operations; 

Issuance of a Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: NMFS is issuing 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: This permit is effective for a 3- 

year period beginning December 4, 

2024. 

ADDRESSES: The materials supporting 

the permit are available on the internet 

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

NOAA-NMFS-2024-0087. Other 

supporting information is available on 

the internet including: recovery plans 

for the ESA-listed marine mammal 

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

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

List of Fisheries (LOF), https://

www.fisheries.noaa.gov/national/ 

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

recent Marine Mammal Stock 

Assessment Reports (SAR) by region, 

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

national/marine-mammal-protection/ 

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

www.fisheries.noaa.gov/national/ 

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

Teams (TRT) and Plans, https://

www.fisheries.noaa.gov/national/ 

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

FOR FURTHER INFORMATION CONTACT: Dan 

Lawson, West Coast Region, (206) 526– 

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

Taylor, NMFS Office of Protected 

Resources, (301) 427–8402, 

Jaclyn.Taylor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

MMPA requires NMFS to authorize the 

incidental take of ESA-listed marine 

mammals in commercial fisheries 

provided it can make the following 

determinations: (1) the incidental 

mortality and serious injury (M/SI) from 

commercial fisheries will have a 

negligible impact on the affected species 

or stocks; (2) a recovery plan for all 

affected species or stocks of threatened 

or endangered marine mammals has 

been developed or is being developed 

pursuant to the ESA; and (3) where 

required under MMPA section 118, a 

take reduction plan (TRP) has been 

developed or is being developed, a 

monitoring program is established, and 

vessels participating in the fishery are 

registered. We have determined that the 

Category II WA/OR/CA sablefish pot 

fishery meets these three requirements 

and are issuing a permit to the fishery 

to authorize the incidental take of ESAlisted 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. 

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 


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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 

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 proposed 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 (89 FR 

73377, September 10, 2024). 

NMFS regularly evaluates 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 fishery 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/listfisheries-summary-tables. 

We reviewed the best available 

scientific information to determine if 

the WA/OR/CA sablefish pot fishery 

met the three requirements of MMPA 

section 101(a)(5)(E) for issuing a permit. 

This information is included in the 2024 

MMPA LOF (89 FR 12257, February 16, 

2024), the SARs for these species 

(available at: https://

www.fisheries.noaa.gov/national/ 

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

recovery plans for these species 

(available at: https://

www.fisheries.noaa.gov/national/ 

endangered-species-conservation/ 

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

information, as detailed further in the 

documents describing the 

determinations supporting the permit 

(available at: https://

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

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 uses a quantitative approach 

for determining negligible impact 

detailed in NMFS Procedural Directive 

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

Determining Negligible Impact under 

MMPA section 101(a)(5)(E),’’ which 

became effective on June 17, 2020 

(NMFS 2020). The procedural directive 

is available online at: https://

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

NMFS’ process for determining whether 

incidental M/SI from commercial 

fisheries will have a negligible impact 

on ESA-listed marine mammal species/ 

stocks (the first requirement necessary 

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

permit as noted above). 

The directive first describes the 

derivation of two Negligible Impact 

Thresholds (NIT), which represent 

levels of removal from a marine 

mammal species or stock. The first, 

Total NIT (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 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, 


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including estimates of a stock’s 

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

most recent SARs and other supporting 

documents, as appropriate. Using these 

inputs, the quantitative negligible 

impact thresholds allow for 

straightforward calculations that lead to 

clear negligible or non-negligible impact 

determinations for each commercial 

fishery analyzed. In rare cases, robust 

data may be unavailable for a 

straightforward calculation, and the 

directive provides instructions for 

completing alternative calculations or 

assessments where appropriate. 

Negligible Impact Determination 

NMFS evaluated the impact of the 

WA/OR/CA sablefish pot fishery 

following the directive and based on the 

best available scientific information and 

made a NID. The NID analysis is 

presented in the accompanying MMPA 

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

provides summaries of the information 

used to evaluate each ESA-listed stock 

documented on the 2024 MMPA LOF as 

killed or injured incidental to the 

fishery (available at: https://

www.fisheries.noaa.gov/national/ 

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

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

available at: https://

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

The Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whale are transboundary stocks. As 

noted above, because of the uncertainty 

regarding M/SI that occurs outside of 

U.S. waters for transboundary stocks, 

we assumed that total M/SI exceeds 

NITt for the above transboundary stocks 

and proceeded directly to the Tier 2 

NITs analysis. 

The most recent SARs for the Central 

America/Southern Mexico-CA/OR/WA 

and Mainland Mexico-CA/OR/WA 

stocks of humpback whale include 

fishery-related M/SI not assigned to a 

specific commercial fishery 

(information provided in NID analyzes 

summaries where applicable below). 

This unattributed fishery-related M/SI 

could be from any number of 

commercial, recreational, or tribal 

fisheries, including the WA/OR/CA 

sablefish pot fishery. Because data are 

not currently available to assign the 

unattributed fishery-related M/SI to a 

specific commercial fishery, we did not 

include unattributed mortality in the 

calculations for NID Tier 2 analyses 

(described below). NMFS is actively 

monitoring the WA/OR/CA sablefish pot 

fishery through a fishery observer 

program. If additional fishery-related M/ 

SI is documented through the observer 

program that indicates additional M/SI 

of the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whale, then NMFS will re-evaluate the 

NID and the permit. 

Based on the criteria outlined in the 

directive, the most recent SARs, and the 

best available scientific information, 

NMFS has determined that the M/SI of 

Central America/Southern Mexico-CA/ 

OR/WA and Mainland Mexico-CA/OR/ 

WA stocks of humpback whale 

incidental to the WA/OR/CA sablefish 

pot fishery will have a negligible impact 

on these stocks. Accordingly, this 

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

satisfied for WA/OR/CA sablefish pot 

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

determination document is available at: 

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

NOAA-NMFS-2024-0087). Summaries of 

the NID analyses are provided below. 

The Category II WA/OR/CA sablefish 

pot fishery has documented incidental 

M/SI of the Central America/Southern 

Mexico-CA/OR/WA stock of humpback 

whale. The 2022 SAR includes a mean 

annual total commercial fishery-related 

M/SI (8.1) for the Central America/ 

Southern Mexico-CA/OR/WA stock of 

humpback whale (Carretta et al. 2023). 

This comprises M/SI from all 

commercial fisheries, including the 

WA/OR/CA sablefish pot fishery, as 

well as fishery-related M/SI for the stock 

not assigned to a specific commercial 

fishery. The SAR also includes 

unattributed fishery-related M/SI (4.582) 

for the stock, which is not assigned to 

a specific commercial fishery. 

The estimated M/SI of humpback 

whales (Central America/Southern 

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

OR/CA sablefish pot fishery is 0.66 

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

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

determined that the WA/OR/CA 

sablefish pot fishery has a negligible 

impact on the Central America/ 

Southern Mexico-CA/OR/WA stock of 

humpback whale (see accompanying 

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

document). 

The Category II WA/OR/CA sablefish 

pot fishery has documented incidental 

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

WA stock of humpback whale. The 2022 

SAR includes a mean annual total 

commercial fishery-related M/SI (11.4) 

for the Mainland Mexico-CA/OR/WA 

stock of humpback whale (Carretta et al. 

2023). This comprises M/SI from all 

commercial fisheries, including the 

WA/OR/CA sablefish pot fishery, as 

well as fishery-related M/SI for the stock 

not assigned to a specific commercial 

fishery. The SAR also includes 

unattributed fishery-related M/SI (6.431) 

for the stock, which is not assigned to 

a specific commercial fishery. 

The estimated M/SI of humpback 

whales (Mainland Mexico-CA/OR/WA 

stock) in the WA/OR/CA sablefish pot 

fishery is 0.902 (Carretta et al. 2023). 

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

(1.70), NMFS determined that the WA/ 

OR/CA sablefish pot fishery has a 

negligible impact on the Mainland 

Mexico-CA/OR/WA stock of humpback 

whale (see accompanying MMPA 

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

Recovery Plans 

A recovery plan for the globally ESAlisted humpback whale species was 

developed in 1991. In 2016, NMFS 

revised the listing status of the 

humpback whale under the ESA. The 

globally listed endangered species was 

divided into 14 distinct population 

segments (DPSs), the species-level 

listing was removed, and NMFS listed 

four DPSs as endangered and one DPS 

as threatened (81 FR 62260, September 

8, 2016). In June 2022, NMFS published 

a recovery outline for the Central 

America, Mexico, and Western North 

Pacific DPSs of humpback whales 

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

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

outline serves as an interim guidance 

document and, with the existing 

species-wide recovery plan, directs 

recovery efforts, including recovery 

planning, for the Central America 

(Central America/Southern Mexico-CA/ 

OR/WA stock) and Mexico (Mainland 

Mexico-CA/OR/WA stock) DPSs of 

humpback whales. Once finalized, the 

new recovery plan will replace the 

species-wide recovery plan that was 

published in 1991. 

Accordingly, the requirement that a 

recovery plan has been developed 

pursuant to the ESA is satisfied. 

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 this permit are 

designated as strategic stocks under the 

MMPA because the stocks or a 

component of the stocks are listed as 

threatened species or endangered 


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species under the ESA (MMPA section 

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

sablefish pot fishery and the affected 

marine mammal species or stocks 

(Central America/Southern Mexico-CA/ 

OR/WA and Mainland Mexico-CA/OR/ 

WA stocks of humpback whale) is under 

development. 

On September 29, 2023, NMFS 

published a notice (Scoping for a 

Marine Mammal Take Reduction Team 

to Address Incidental Mortality and 

Serious Injury of Humpback Whale 

Stocks in the Pacific, 88 FR 67254) 

expressing NMFS’ intent to establish a 

TRT to develop a TRP to address the 

incidental mortality and serious injury 

of the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whales in the WA/OR/CA sablefish pot 

fishery and seeking input on whether 

other Category I or II fisheries that 

incidentally kill or seriously injure 

these stocks of humpback whales 

should be addressed by the Team. For 

more information, please see https://

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

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

Accordingly, the requirement under 

MMPA section 118 to have TRPs in 

place or in development is satisfied (see 

determinations supporting the permit 

available on the internet at https://

www.regulations.gov/docket/NOAANMFS-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 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 are 

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

the WA/OR/CA sablefish pot fishery to 

authorize the incidental take of ESAlisted species or stocks during 

commercial fishing operations. If, 

during the 3-year authorization, there is 

a significant change in the information 

or conditions used to support any of 

these determinations, NMFS will reevaluate whether to amend or modify 

the authorization, after notice and 

opportunity for public comment. 

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 are not 

likely to jeopardize the continued 

existence of any species listed under the 

ESA, or destroy or adversely modify 

designated critical habitat of any ESAlisted species. The effects of the WA/ 

OR/CA sablefish pot commercial fishery 

on ESA-listed marine mammals were 

analyzed in the appropriate ESA section 

7 Biological Opinions on the 

commercial fishery (see https://

www.fisheries.noaa.gov/s3/2024-11/ 

BiOp-PCGF-BiOp-Final-MM22NOV2024.pdf), 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 ESAlisted 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 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 

and their implementing regulations is 

required for the permit. Issuing the 

permit has no additional impact on the 

human environment or effects on 

threatened or endangered species 

beyond those analyzed in these 

documents. 

Comments and Responses 

On September 10, 2024, 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) (89 FR 

73377). The public comment period 

closed on October 10, 2024. NMFS 

received one comment letter in response 

to the request for comment on the 

proposed issuance of a permit to the 

WA/OR/CA sablefish pot commercial 

fishery and its underlying preliminary 

determinations. NMFS received a joint 

letter from Center for Biological 

Diversity, American Cetacean Society 

Oregon Chapter, Defenders of Wildlife, 

Earthjustice, Endangered Habitats 

League, Natural Resources Defense 

Council, Ocean Defenders Alliance, and 

Whale and Dolphin Conservation (CBD 

et al.) opposing issuance of the permit. 

NMFS’ also received a joint letter from 

Defenders of Wildlife, Conservation Law 

Foundation, and Whale and Dolphin 

Conservation (Defenders of Wildlife et 

al.) that commented on NMFS’ 

determination that the Category II 

Atlantic mixed species trap/pot fishery 

does not require a 101(a)(5)(E) permit. 

Based on Defenders of Wildlife et al.’s 

comment letter, NMFS is further 

evaluating the need for a 101(a)(5)(E) 

permit for the Atlantic mixed species 

trap/pot fishery and is not moving 

forward with the determination at this 

time. Only responses to significant 

comments pertaining to the proposed 

permit and preliminary determinations 

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

the WA/OR/CA sablefish pot 

commercial fishery are addressed 

below. 

Comment 1: CBD et al. asserts that not 

including unattributed M/SI of the 

Central America/Southern Mexico-CA/ 

OR/WA and Mainland Mexico-CA/OR/ 

WA stocks of humpback whales of 

humpback whales in the Tier 2 analyses 

can lead to erroneous NIDs. They 

recommend NMFS use the best 

available science to apportion 

unattributed fishery-related M/SI and 

consider using a correction factor to 

account for unattributed M/SI. 

Response: As noted above, the most 

recent SARs (2022) 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. This 

unattributed fishery-related M/SI could 


ddrumheller on DSK120RN23PROD with NOTICES1
96234 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 

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. 

NMFS is actively monitoring the WA/ 

OR/CA sablefish pot fishery through a 

fishery observer program. If data and/or 

analyses become available to assign the 

unattributed fishery-related M/SI to 

specific commercial fisheries, NMFS 

will re-evaluate the NID and the permit 

for the WA/OR/CA sablefish pot fishery. 

In addition, 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 or 

Mainland Mexico-CA/OR/WA stocks of 

humpback whale, then NMFS will reevaluate the NID and the permit. 

Comment 2: CBD et al. reiterates 

comments on the draft 2022 SAR that 

the maximum net productivity rate 

(Rmax) neither reflects the best available 

scientific information nor the guidance 

set forth in the Guidelines for Assessing 

Marine Mammal Stocks (GAMMS). CBD 

et al. recommends NMFS adopt either a 

stock-specific Rmax, similar to Curtis et 

al. (2022) or use the default value of 4 

percent provided by the GAMMS. 

Response: The SAR generally 

represents the best available scientific 

information on the stock. We 

incorporate by reference NMFS’ 

response to Comment 17 in the final 

2022 SAR Federal Register notice (88 

FR 54592, August 11, 2023). Curtis et al. 

estimated the observed growth rate of 

the stock. CBD et al. conflates the 

observed growth rate of a population 

and Rmax, which is the maximum 

theoretical or estimated growth rate that 

would be expected if the stock were at 

a small population size. Rmax is the only 

relevant growth rate for calculations of 

PBR and the NID thresholds. 

Comment 3: CBD et al. recommends 

NMFS use its discretion and deviate 

from NID made for the Central America/ 

Southern Mexico-CA/OR/WA stock of 

humpback whales. They note that 

NMFS’ Procedural Directive 02–204–02 

acknowledges there may be 

circumstances when NMFS may deviate 

from the NID if M/SI is slightly below 

or slightly above the negligible impact 

threshold(s). Since NITs for the Central 

America/Southern Mexico-CA/OR/WA 

stock of humpback whale is only 

slightly higher than (0.02) than 

incidental M/SI in the WA/OR/CA 

sablefish pot fishery, NMFS should use 

its discretion and not make a NID. 

Response: NMFS Procedural Directive 

02–204–02, Criteria for Determining 

Negligible Impact under MMPA section 

101(a)(5)(E) states, ‘‘There may be 

circumstances, such as when the M/SI 

estimate is slightly below or slightly 

above the NIT threshold(s), where 

[NMFS] may deviate from the 

determination that would be dictated by 

strictly adhering to the NIT thresholds. 

Such deviations may be due to the 

consideration of additional factors 

affecting the likelihood or impact of the 

incidental M/SI such as data uncertainty 

and reliability, information on the 

population trend, and expected trends 

in commercial fisheries impacts 

including implemented or concurrently 

implemented management measures 

aimed at reducing M/SI below the 

threshold.’’ NMFS considered this 

guidance in making the preliminary NID 

for the Central America/Southern 

Mexico-CA/OR/WA stock of humpback 

whales. NMFS is not aware of any 

specific bias in regards to the 

uncertainty and/or unreliability with 

the data on the population trend and 

expected trends in commercial fisheries 

impacts that would suggest the WA/OR/ 

CA sablefish pot fishery would have a 

non-negligible impact on the Central 

America/Southern Mexico-CA/OR/WA 

stock of humpback whales. Therefore, 

NMFS is not deviating from the direct 

quantitative comparison of incidental 

M/SI to the NIT threshold in this case. 

Thus, based on the criteria outlined in 

the Procedural 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 

stock of humpback whale incidental to 

the WA/OR/CA sablefish pot fishery 

will have a negligible impact on this 

stock. If, during the 3-year 

authorization, there is a significant 

change in the information or conditions 

used to support the NID, NMFS will reevaluate whether to amend or modify 

the authorization, after notice and 

opportunity for public comment. 

Comment 4: CBD et al. claims NMFS 

has not developed a recovery plan for 

the ESA-listed humpback whale DPSs 

and should not rely on the recovery 

plan developed in 1991 for the global 

listing of humpback whales. 

Response: As noted, a recovery plan 

for the humpback whale species (global 

listing) was developed in 1991. 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-centralamerica-mexico-and-western-northpacific-distinct). This recovery outline 

serves as an interim guidance document 

and, along with the existing specieswide 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. 

Comment 5: CBD et al. expressed 

concern that the proposed permit did 

not include conditions or limitations to 

avoid incidental M/SI of humpback 

whales or other ESA-listed marine 

mammals. They note that MMPA 

section 101(a)(5)(E)(iv) allows the 

Secretary to suspend for a time certain 

or revoke a permit if it is determined 

that the conditions or limitations set 

forth in such permit are not being 

complied with. They continue that 

without conditions in the proposed 

permit, NMFS cannot use the authority 

granted under MMPA section 

101(a)(5)(E)(iv). CBD et al. further 

recommends several permit conditions 

to include in the final permit. 

Response: NMFS disagrees. The 

MMPA requires NMFS to authorize the 

incidental take of ESA-listed marine 

mammals during commercial fishing 

operations provided it can make the 

following determinations: (1) the 

incidental 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 TRP has been developed 

or is being developed, a monitoring 

program is established, and vessels 

participating in the fishery are 

registered. MMPA section 

101(a)(5)(E)(ii) states if the Secretary 

determines these requirements are met, 

the Secretary shall issue an appropriate 

permit under section 101(a)(5)(E). 

Section 101(a)(5)(E) does not require the 

Secretary, as delegated to NMFS, to 

prescribe permit conditions to ‘‘avoid’’ 

M/SI. Moreover, as discussed in the 

Take Reduction Plan section of this 

notice, NMFS is in the process of 

developing a TRP to address the 

incidental M/SI 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. Once convened, 

the Take Reduction Team will 

recommend various mitigation measures 

to reduce M/SI of the Central America/ 

Southern Mexico-CA/OR/WA and 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices 96235 

Mainland Mexico-CA/OR/WA stocks of 

humpback whales in the WA/OR/CA 

sablefish pot fishery pursuant to the 

goals of MMPA section 118(f)(2). The 

Take Reduction Team’s recommended 

measures will be used to develop a TRP, 

which will include regulatory or 

voluntary measures to reduce incidental 

M/SI in the fishery. 

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. 

Curtis, K.A., J. Calambokidis, K. Audley, 

M.G. Castaneda, J. De Weerdt, A.J. 

Garcı ́a Cha ́vez, F. Garita, P. 

Martı ́nez-Loustalot, J. D. PalaciosAlfaro, B. Pe ́rez, E. Quintana-Rizzo, 

R. Ramı ́rez Barragan, N. Ransome, 

K. Rasmussen, J. Urba ́n R., F. 

Villegas Zurita, K. Flynn, T. 

Cheeseman, J. Barlow, D. Steel and 

J. Moore. 2022. Abundance of 

Humpback Whales (Megaptera 

novaeangliae) Wintering in Central 

America and Southern Mexico from 

a One-Dimensional Spatial CaptureRecapture Model. U.S. Department 

of Commerce. NOAA Technical 

Memorandum NMFS–SWFSC–661. 

35 p. https://doi.org/10.25923/9cq1- 

rx80. 

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/protectedresources-policy-directives. 

Dated: November 26, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–28380 Filed 12–3–24; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

[Docket No. CFPB–2024–0056] 

Agency Information Collection 

Activities: Comment Request 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Notice and request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), the Consumer Financial 

Protection Bureau (CFPB) requests the 

Office of Management and Budget’s 

(OMB’s) approval of an information 

collection titled ‘‘Survey Screening 

Questions.’’ 

DATES: Written comments are 

encouraged and must be received on or 

before January 3, 2025 to be assured of 

consideration. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. In general, all 

comments received will become public 

records, including any personal 

information provided. Sensitive 

personal information, such as account 

numbers or Social Security numbers, 

should not be included. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Anthony May, 

Paperwork Reduction Act Officer, at 

(202) 435–7278, or email: CFPB_PRA@

cfpb.gov. If you require this document 

in an alternative electronic format, 

please contact CFPB_Accessibility@

cfpb.gov. Please do not submit 

comments to these email boxes. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: Survey Screening 

Questions. 

OMB Control Number: 3170–00XX. 

Type of Review: New information 

collection. 

Affected Public: Individuals. 

Estimated Number of Respondents: 

50,000. 

Estimated Total Annual Burden 

Hours: 12,500. 

Abstract: The CFPB conducts a 

variety of research efforts to ascertain 

financial issues the American public 

may be experiencing. The CFPB 

developed a list of potential screener 

questions formulated to allow their 

research efforts to focus on the 

appropriate consumers for each study 

and strengthen our ability to address 

financial needs and concerns of the 

public and to improve the CFPB’s 

delivery of services and programs. 

Usage of the included questions will 

ensure CFPB’s future survey efforts 

target applicable respondents, reduce 

administrative burden on the CFPB, and 

grant greater flexibility in conducting 

research on emergent financial issues. 

Request for Comments: The CFPB 

published a 60-day Federal Register 

notice on October 2, 2024 (89 FR 80231) 

under Docket Number: CFPB–2024– 

0050. The CFPB is publishing this 

notice and soliciting comments on: (a) 

Whether the collection of information is 

necessary for the proper performance of 

the functions of the CFPB, including 

whether the information will have 

practical utility; (b) The accuracy of the 

CFPB’s estimate of the burden of the 

collection of information, including the 

validity of the methods and the 

assumptions used; (c) Ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

Ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Comments submitted in response to this 

notice will be reviewed by OMB as part 

of its review of this request. All 

comments will become a matter of 

public record. 

Anthony May, 

Paperwork Reduction Act Officer, Consumer 

Financial Protection Bureau. 

[FR Doc. 2024–28375 Filed 12–3–24; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2315–178] 

Dominion Energy South Carolina, Inc.; 

Notice of Intent To Prepare an 

Environmental Assessment 

On May 23, 2024, as supplemented on 

September 9, 2024, Dominion Energy 

South Carolina, Inc. (DESC) filed an 

application for a non-capacity 

amendment of the license for the Neal 

Shoals Hydroelectric Project No. 2315. 

The project is located on the Broad 

River in South Carolina and occupies 

Federal lands administered by the 

Sumter National Forest. 

The licensee proposes to replace the 

four existing turbines in the powerhouse 

with eight submersible turbinegenerator units to be installed at the 

existing draft tube openings and 

construct a new substation and 

underground duct bank at the project. 

The licensee proposes to decouple the 

existing generators, which would no 

longer be needed, and decommission 

and abandon them in place. The 

licensee expects the project’s generating 

capacity to increase from 4.4 MW to 5.6 


ddrumheller on DSK120RN23PROD with NOTICES1