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Marine Mammal Protection Act Section 101(a)(5)(E) - Negligible Impact Determination Central North Pacific Humpback Whale
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    Section 101(a)(5)(E) of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., has provisions for NOAA’s National Marine Fisheries Service (NMFS), as delegated by the Secretary of Commerce, to issue permits for the taking of marine mammals designated as depleted because of their listing under the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., by U.S. vessels and those vessels which have valid fishing permits issued by the Secretary in accordance with section 204(b) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1824(b), for a period of up to three years. NMFS may issue the authorization to take ESA-listed marine mammals incidental to these commercial fisheries only after the agency has determined, after notice and opportunity for public comment, that: (1) the incidental mortality and serious injury 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.

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