Final Marine Mammal Protection Act Section 101(a)(5)(E) – Negligible Impact Determination
June 09, 2016
This document analyzes whether the mortality and injury incidental to commercial fisheries will have a negligible impact on two Humpback Whale stocks, one Steller Sea Lion stock, one Bearded Seal stock and one Ringed Seal stock.
Section 101(a)(5)(E) of the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1371(a)(5)(E)) requires the National Marine Fisheries Service (NMFS) to authorize the incidental taking of individuals from marine mammal species or stocks listed as threatened or endangered under the Endangered Species Act (ESA), as amended (16 U.S.C. 1531 et seq.) in the course of commercial fishing operations only after NMFS determines, among other things, that mortality and serious injury (M/SI) incidental to commercial fishing will have a negligible impact on the affected species or stock.
The purpose of this document is to conduct the analysis necessary to determine whether the M/SI incidental to U.S. commercial fisheries will have a negligible impact on ESA-listed marine mammals taken in commercial fisheries in the U.S. Exclusive Economic Zone (EEZ) offshore of Alaska. The determination follows a process previously described and implemented by NMFS when issuing incidental take permits under MMPA section 101(a)(5)(E) (e.g., 75 FR 29984, May 28, 2010).