i
Final Marine Mammal Protection Act Section 101(a)(5)(E) Amended Negligible Impact Determination CA/OR/WA Humpback Whale and CA/OR/WA Sperm Whale
-
2015
[PDF-2.09 MB]
Details:
-
Corporate Authors:
-
NOAA Program & Office:
-
Description:Section 101(a)(5)(E) of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., states that NOAA’s National Marine Fisheries Service (NMFS) shall for a period of up to three years allow the incidental taking of marine mammal species listed under the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., by persons using vessels of the United States and those vessels which have valid fishing permits issued by the Secretary (50 CFR 216.103; 50 CFR 229.2) in accordance with section 204(b) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1824(b) (50 CFR 660), while engaging in commercial fishing operations, if NMFS makes certain determinations. NMFS must first determine, 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.
-
Keywords:
-
Document Type:
-
Place as Subject:
-
Rights Information:Public Domain
-
Compliance:Submitted
-
Main Document Checksum:
-
Download URL:
-
File Type:
