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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices whale SAR for the WA/OR/CA sablefish pot fishery remain the same as the M/
SI estimates in the final 2019 SAR and the draft 2021 SAR was used for the final NID analysis see response to comment 7 below.
The CA/OR/WA stock of humpback whale has documented incidental M/SI
with this fishery in the most recent 2021 draft CA/OR/WA humpback whale SAR Carretta et al. 2021. The estimated annual M/SI of humpback whales CA/OR/WA stock in the WA/
OR/CA sablefish pot fishery is 1.9, based on observer data. Since this M/SI
1.9 is less than NITs 2.48, NMFS
determined that the WA/OR/CA
sablefish pot fishery has a negligible impact on the CA/OR/WA stock of humpback whales see accompanying MMPA 101a5E determination document linked above for NIT
calculations.
The draft 2021 SAR includes mean annual total commercial fishery-related M/SI 25.2 for the CA/OR/WA stock of humpback whale. 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. This unattributed fisheryrelated 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 the NID Tier 2 analysis.
In addition, because the CA/OR/WA
humpback whale stock is considered to be a transboundary stock, NMFS
assumed NITt is exceeded and conducted the more conservative Tier 2
analysis with the lower NITs criterion.
NMFS is actively monitoring the WA/
OR/CA sablefish pot fishery through a fishery observer program. Further, most of the information on large whale entanglements on the West Coast is reported to and documented by the West Coast Large Whale Entanglement Response Program. If additional fisheryrelated M/SI of the CA/OR/WA stock of humpback whale is documented through the observer program or West Coast Large Whale Entanglement Response Program that indicates additional M/SI of the CA/OR/WA stock of humpback whale in the WA/OR/CA
sablefish pot fishery, then NMFS will re-evaluate the NID and the permit.
The NID analysis is presented in the accompanying MMPA 101a5E
determination document that provides summaries of the information used to evaluate each ESA-listed stock
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documented on the 2021 MMPA LOF as killed or injured incidental to the fishery. The final MMPA 101a5E
determination document is available 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. 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 WA/OR/CA sablefish pot fishery will have a negligible impact on the associated ESA-listed marine mammal stock CA/OR/WA stock of humpback whale. Accordingly, this MMPA 101a5E requirement is satisfied for the commercial fishery.
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 a recovery plan 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 stock considered for this permit is designated as a strategic stock under the MMPA because the stock, or a component of the stock, is listed as threatened or endangered under the ESA MMPA section 319C.
The shortand 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 118f3 16 U.S.C. 1387f3 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 118f6A and f7, 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
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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 WA/
OR/CA sablefish 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.fisheries.noaa.gov/action/
negligible-impact-determination-andmmpa-section-101a5e-authorizationwa-or-ca-sablefish-pot or https
www.regulations.gov/docket/NOAANMFS-2021-0092.
Monitoring Program Under MMPA section 118d, 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 the subject of 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 118c 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 101a5E, we are issuing a MMPA 101a5E permit to the WA/
OR/CA sablefish pot fishery to authorize the incidental take of ESA-listed species or stocks during commercial fishing operations. If, during the 3-year authorization, there is a significant change in the information or conditions used to support the determinations, NMFS will re-evaluate whether to amend or modify the authorization, after notice and opportunity for public comment.

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