Criteria for Determining Negligible Impact under MMPA Section 101(a)(5)(E)

NOAA Fisheries finalized the Procedural Directive: Criteria for Determining Negligible Impact under MMPA Section 101(a)(5)(E).

MMPA section 101(a)(5)(E) and our implementing regulations (50 CFR 229.20) allow NOAA Fisheries to authorize the incidental taking of marine mammals from a species or stock that is designated as depleted because of its listing under the ESA, in the course of commercial fishing operations if NOAA Fisheries determines:

• The incidental mortality and serious injury (M/SI) from commercial fisheries will have a negligible impact on the affected species or stock;
• A recovery plan has been developed or is being developed for such species or stock under the ESA; and
• Where required under MMPA section 118, a monitoring program has been established, vessels engaged in such fisheries are registered, and a take reduction plan has been developed or is being developed for such species or stock.

NOAA Fisheries accepted public comments on the draft document and the comment period closed on April 17, 2020.