Final Marine Mammal Protection Act Section 101(a)(5)(E) - Negligible Impact Determination (2010)
The purpose of this document is to explain the analysis and rationale for determining whether the mortality and serious injury incidental to U. S. commercial fisheries will have a negligible impact on specific species listed as endangered under the ESA.
The purpose of this document is to conduct the analysis necessary to determine whether the mortality and serious injury (M/SI) incidental to U. S. commercial fisheries will have a negligible impact to ESA-listed species taken in commercial fisheries in the U.S. Exclusive Economic Zone offshore of Alaska. The determination follows a process previously described and implemented by the NOAA Fisheries when issuing incidental take permits (e.g., 75 FR 29984, May 28, 2010). The ESA-listed species determined to interact with commercial fisheries the Alaska region include those listed as endangered: the Central North Pacific stock of humpback whales (Megaptera novaeangliae), the Western North Pacific stock of humpback whales (Megaptera novaeangliae), the Western U.S. stock of Steller sea lions (Eumetopias jubatas), the Northeast Pacific stock of fin whale (Balaenoptera physalus), and the North Pacific stock of sperm whales (Physeter macrocephalus) – or threatened: the Eastern U.S. stock of Steller sea lions.