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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
The National Marine Fisheries Service NMFS is issuing a permit for a period of 3 years 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 WA/OR/CA sablefish pot fishery.
DATES: The permit is effective for a 3year period beginning December 8, 2021.

www.fisheries.noaa.gov/national/
endangered-species-conservation/
recovery-species-under-endangeredspecies-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-mammal-protection/marinemammal-take-reduction-plans-andteams.
FOR FURTHER INFORMATION CONTACT: Tina Fahy, NMFS West Coast Region, 562
9804023, Christina.Fahy@noaa.gov; or Jaclyn Taylor, NMFS Office of Protected Resources, 301 4278402, 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. NMFS has determined that the WA/OR/CA sablefish pot fishery meets these three requirements and is issuing a permit to the fishery to authorize the incidental take of ESAlisted marine mammal species or stocks under the MMPA for a period of 3 years.

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-andmmpa-section-101a5e-authorizationwa-or-ca-sablefish-pot or https
www.regulations.gov/docket/NOAANMFS-2021-0092. Other supporting information is available on the internet including: Recovery plans for the ESAlisted marine mammal species, https

Background The MMPA LOF classifies each commercial fishery as a Category I, II, or III fishery based on the level of mortality and injury of marine mammals occurring incidental to each fishery as defined in 50 CFR 229.2. 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
document and any issues arising after publication of this document that require emergency action under section 305c of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.
Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt kris.kleinschmidt@
noaa.gov; 503 8202412 at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 3, 2021.
Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 202126569 Filed 12721; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration RTID 0648XB556

Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations;
Issuance of Permit National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice.
AGENCY:

SUMMARY:

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listed as threatened or endangered under the ESA. Section 101a5E of the MMPA, 16 U.S.C. 1371, states that NMFS, as delegated by the Secretary of Commerce, for a period of up to three 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 204b of the MagnusonStevens Fishery Conservation and Management Act, 16 U.S.C. 1824b, 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. The WA/OR/CA sablefish pot fishery is classified as a Category II
fishery on the final 2021 LOF 86 FR
3028; January 14, 2021 based on occasional incidental M/SI of the CA/
OR/WA stock of humpback whales. We evaluated ESA-listed stocks or species included on the 2021 MMPA LOF as killed or seriously injured following NMFS Procedural Directive 02238
Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals. Based on this evaluation, NMFS proposed to issue a permit under MMPA section 101a5E to vessels registered in the Category II WA/OR/CA
sablefish pot fishery, as classified on the final 2021 MMPA LOF, to incidentally kill or seriously injure the CA/OR/WA
stock of humpback whale 86 FR 58641;
October 22, 2021.
NMFS will regularly evaluate other commercial fisheries for purposes of making a negligible impact determination NID and issuing MMPA
section 101a5E authorizations with the annual LOF as new information becomes available. More information about the WA/OR/CA sablefish pot fishery is available in the 2021 MMPA
LOF 86 FR 3028; January 14, 2021 and
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