Overview
Title
Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Proposed Issuance of Permit
Agencies
ELI5 AI
The people who take care of sea animals want to let fishermen catch some rare whales by accident while fishing for other big fish. They're asking everyone what they think before making it official.
Summary AI
The National Marine Fisheries Service (NMFS) is proposing to issue a permit that would allow for the unintentional capturing or harming of certain endangered marine mammals during commercial fishing activities, specifically in the California thresher shark/swordfish drift gillnet fishery. This permit is valid for three years and would authorize incidental takes of humpback and sperm whales, ensuring they meet criteria related to negligible impact and recovery plans. NMFS is seeking public comments on the proposed permit, and detailed information is available for review online.
Abstract
NMFS is proposing to issue a permit to authorize the incidental, but not intentional, take of specific Endangered Species Act (ESA)-listed marine mammal species or stocks under the Marine Mammal Protection Act (MMPA), in the Category II California (CA) thresher shark/swordfish drift gillnet (>=14 inch (in) mesh) fishery and the corresponding high seas component of the fishery as defined on the MMPA List of Fisheries as the Pacific highly migratory species drift gillnet fishery (hereinafter, collectively referred to as the CA thresher shark/swordfish drift gillnet (>=14 in mesh)/Pacific highly migratory species drift gillnet fishery.
Keywords AI
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AnalysisAI
The document is an official notice from the National Marine Fisheries Service (NMFS), under the National Oceanic and Atmospheric Administration (NOAA), proposing the issuance of a permit that would authorize the incidental, but not intentional, take of certain endangered marine mammals. This permit specifically applies to the commercial fishing operations involving the California thresher shark/swordfish drift gillnet fishery. The permit is intended to be valid for three years and focuses on the incidental captures of particular stocks of humpback whales and sperm whales, ensuring that they meet specific requirements related to minimal impact and recovery plans.
General Summary
The NMFS is seeking public feedback on their proposal to issue a permit that would allow for the unintentional capture or harm of specific endangered marine mammals during fishing operations. This proposal specifically targets fisheries using large drift gillnets off the coast of California, which are known to impact migratory marine mammal species. The aim is to provide a structured and legal framework for these fisheries to operate, ensuring that any such incidental interactions with marine mammals are considered to have a negligible impact on their populations and that recovery plans are in place.
Significant Issues or Concerns
One of the primary concerns is the complexity and technical nature of the language used throughout the document. It is filled with specialized terms and abbreviations, such as M/SI (mortality and serious injury), NID (negligible impact determination), and TRP (take reduction plan), which may be challenging for the general public to comprehend without sufficient background knowledge or a glossary.
Furthermore, the criteria for determining what constitutes a "negligible impact" rely heavily on specific models and assumptions. The document does not comprehensively explain the empirical data or methods used to arrive at these conclusions, potentially leaving stakeholders unclear about the reliability and validity of the determinations made.
An additional issue is the lack of detailed information regarding the monitoring process to ensure compliance with the permit conditions. How the permit's terms will be actively enforced or assessed is not thoroughly explained, which might introduce ambiguity concerning oversight efficacy.
Public Impact
Broadly, this proposal could impact the public by balancing the economic interests of the fishing industry with the conservation goals of protecting endangered marine species. It highlights the intricate processes involved in managing these often competing priorities and the need for careful monitoring to maintain this balance.
From an environmental perspective, the effectiveness of this permit in protecting endangered species hinges on the robustness of the proposed measures. Any failure in accurately assessing or acting upon the negligible impact criteria could lead to adverse effects on the affected marine mammal populations, contrary to the goals of environmental conservation.
Stakeholder Impact
For the fishing industry, this permit offers a structured framework and certainty in their operations. Fisheries can continue their activities with the reassurance that they are not inadvertently contributing to the decline of endangered species, as long as they comply with the permit’s conditions.
However, environmental advocacy groups might have concerns about the reliance on assumptions in making negligible impact determinations and may seek further clarity on how these decisions are substantiated. They may also advocate for more transparent and accessible communication regarding the scientific bases for these permits.
Moreover, for the scientific community engaged in marine conservation, this proposal underscores the critical need for ongoing research and data collection. Reliable and accurate scientific data are essential for creating informed strategies that support both conservation efforts and economic activities.
In conclusion, while the proposed permit addresses important aspects of marine conservation in relation to the fishing industry, it also raises fundamental questions regarding the effectiveness and transparency of the procedures used to authorize incidental takes. Engaging the public and stakeholders in meaningful dialogue will be crucial for refining this balance and achieving mutual goals in wildlife conservation and resource utilization.
Issues
• The language used in the document is complex and may be difficult for non-experts to understand, especially terms related to the Marine Mammal Protection Act and the Endangered Species Act.
• There is no clear indication of the cost or economic impact of issuing the permit for incidental take, which could be important for evaluating potential wasteful spending.
• The document does not provide a clear explanation of how 'negligible impact' is quantitatively determined, which could cause confusion about the decision-making process.
• Details about the assessment or monitoring process for ensuring compliance with the permit conditions are not explicitly explained, leaving room for ambiguity in enforcement.
• The document extensively uses abbreviations and technical terms (e.g., M/SI, NID, TRP) without providing sufficient explanation or a glossary, which could make it less accessible.
• The process/procedure for public comments is outlined, but it does not include information on how these comments will be used in the decision-making process.
• The justification for the negligible impact determination relies heavily on assumptions (e.g., regarding M/SI exceeding NITt for transboundary stocks) without detailing the empirical data or model used.