Notice2023-21333
Scoping for a Marine Mammal Take Reduction Team to Address Incidental Mortality and Serious Injury of Humpback Whale Stocks in the Pacific
Primary source
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Published
September 29, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is establishing a Take Reduction Team (TRT or Team) to address the incidental mortality and serious injury (M/SI) of humpback whales that would, at a minimum, consider Federal sablefish pot fishery interactions with the Central America/Southern Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whales, and may also be expanded to consider other fisheries in the Pacific Ocean. The TRT will develop a Take Reduction Plan (TRP or Plan) as required under the Marine Mammal Protection Act (MMPA). NMFS requests public comments on information relevant to establishing the TRT as well as interest from stakeholders who wish to be considered for TRT membership.
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67254-67256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21333]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD281]
Scoping for a Marine Mammal Take Reduction Team to Address
Incidental Mortality and Serious Injury of Humpback Whale Stocks in the
Pacific
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of scoping for a Marine Mammal Take Reduction Team;
request for comment.
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SUMMARY: NMFS is establishing a Take Reduction Team (TRT or Team) to
address the incidental mortality and serious injury (M/SI) of humpback
whales that would, at a minimum, consider Federal sablefish pot fishery
interactions with the Central America/Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of humpback whales, and may also be
expanded to consider other fisheries in the Pacific Ocean. The TRT will
develop a Take Reduction Plan (TRP or Plan) as required under the
Marine Mammal Protection Act (MMPA). NMFS requests public comments on
information relevant to establishing the TRT as well as interest from
stakeholders who wish to be considered for TRT membership.
DATES: Comments must be received by November 28, 2023.
ADDRESSES: You may submit comments on this notice, by either of the
following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2023-0104 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Assistant Regional Administrator for Protected Resources,
NMFS West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will
[[Page 67255]]
be publicly accessible. NMFS will accept anonymous comments (enter N/A
in the required fields if you wish to remain anonymous). Individuals
who use a telecommunications device for the hearing impaired may call
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m.
and 4 p.m. Eastern time, Monday through Friday, excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Dan Lawson, West Coast Region, 206-
526-4740, <a href="/cdn-cgi/l/email-protection#b6d2d7d898dad7c1c5d9d8f6d8d9d7d798d1d9c0"><span class="__cf_email__" data-cfemail="d6b2b7b8f8bab7a1a5b9b896b8b9b7b7f8b1b9a0">[email protected]</span></a>; Kristy Long, Office of Protected
Resources, 206-526-4792, <a href="/cdn-cgi/l/email-protection#83e8f1eaf0f7faadefecede4c3edece2e2ade4ecf5"><span class="__cf_email__" data-cfemail="2a415843595e53044645444d6a44454b4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 118 of the MMPA requires commercial
fisheries to reduce incidental M/SI of marine mammals to insignificant
levels approaching a zero mortality and serious injury rate (16 U.S.C.
1387). Section 118(c) of the MMPA requires NMFS to place all U.S.
commercial fisheries into one of three categories based on the level of
incidental M/SI of marine mammals occurring in each fishery (16 U.S.C.
1387(c)(1)). The classification of a fishery on the List of Fisheries
(LOF) determines whether participants in that fishery may be required
to comply with certain provisions of the MMPA, including a take
reduction plan. A Category I fishery has frequent incidental M/SI of
marine mammals, a Category II fishery has occasional incidental M/SI of
marine mammals, and a Category III fishery has a remote likelihood of
or no known incidental M/SI of marine mammals.
Section 118(f)(1) of the MMPA requires NMFS to develop and
implement TRPs designed to assist in the recovery or prevent the
depletion of each strategic stock that interacts with Category I and II
fisheries (16 U.S.C. 1387(f)(1)). The MMPA defines a strategic stock as
a marine mammal stock: (1) for which the level of direct human-caused
mortality exceeds the Potential Biological Removal (PBR) level; (2)
which is declining and is likely to be listed under the Endangered
Species Act (ESA) in the foreseeable future; or (3) which is listed as
threatened or endangered under the ESA or as a depleted species under
the MMPA (16 U.S.C. 1362(19)). PBR is the maximum number of animals,
not including natural mortalities, that may be removed from a marine
mammal stock while allowing that stock to reach or maintain its optimum
sustainable population (16 U.S.C. 1362(20)).
MMPA section 118(f)(6)(C) requires that members of TRTs have
expertise regarding the conservation or biology of the marine mammal
species that the TRP will address, or the fishing practices that result
in the incidental M/SI of such species. As outlined in the statute
''[m]embers shall include representatives of Federal agencies, each
coastal State which has fisheries which interact with the species or
stock, appropriate Regional Fishery Management Councils, interstate
fisheries commissions, academic and scientific organizations,
environmental groups, all commercial and recreational fisheries groups
and gear types which incidentally take the species or stock, Alaska
Native organizations or Indian tribal organizations, and others as the
Secretary deems appropriate'' ((16 U.S.C. 1387(f)(6)(C)). The MMPA
further specifies that TRTs ``shall, to the maximum extent practicable,
consist of an equitable balance among representatives of resource user
and non-user interests'' (Id.).
As required under section 118 (f)(7) and section 118(f)(8), of the
MMPA, a TRT shall develop a draft TRP by consensus, and shall submit
this draft TRP to NMFS not later than 6 or 11 months after the date of
the establishment of the TRT depending on the level of M/SI compared to
a stock's PBR. Pursuant to the MMPA, NMFS convenes TRTs to develop
recommendations that achieve a short-term goal of reducing incidental
M/SI of marine mammals covered by the Plan to a rate below each stock's
PBR within 6 months of implementation. The long-term goal of a Plan is
to ``reduce, within 5 years of its implementation, the incidental M/SI
of marine mammals from commercial fishing operations to insignificant
levels, approaching a zero mortality and serious injury rate, taking
into account the economics of the fishery, the availability of existing
technology, and existing state or regional fishery management plans.''
On July 26, 2023, the United States District Court for the Northern
District of California adopted a Stipulated Settlement Agreement
(Agreement) between NMFS and the Center for Biological Diversity to
resolve claims in the matter of Center of Biological Diversity v.
Raimondo (3:22-cv-00117-JD). Under the Agreement, NMFS expressed its
intent to issue a scoping notice by November 1, 2023 seeking
information relevant to establishing a TRT under Section 118 of the
MMPA that would, at a minimum, consider the Category II Federal
sablefish pot fishery, and may also be expanded to consider other
fisheries in the Pacific Ocean that interact with relevant humpback
whale stocks. As part of this agreement, NMFS committed to issue a
notice establishing a TRT by October 31, 2025, and to convene the first
TRT meeting by November 30, 2025.
In the 2022 Pacific and Alaska Stock Assessment Reports (SARs),
stock structures for humpback whales in the Pacific Ocean were revised.
The three existing North Pacific humpback whale stocks (Central North
Pacific, Western North Pacific and CA/OR/WA) were replaced by five
stocks to better align with the 2016 listing of humpback whale distinct
population segments under the ESA (81 FR 62260, September 8, 2016). The
new humpback whale stock are: (1) Western North Pacific, (2) Hawai'i,
(3) Mexico-North Pacific, (4) Central America/Southern Mexico-CA/OR/WA
and (5) Mainland Mexico-CA/OR/WA (Young et al., 2023, Carretta et al.,
2023). All of these stocks are considered ``strategic'' under the MMPA,
with the exception of the Hawai'i stock, because these stocks include
humpback whales from ESA-listed populations and/or total annual human-
caused M/SI currently exceeds the stock's PBR as described in the most
recent SARs.
In the 2022 SAR, NMFS describes the M/SI associated with U.S.
commercial fisheries that is known or estimated to occur for each
stock. For the Central America/Southern Mexico-CA/OR/WA stock, the mean
annual M/SI in U.S. commercial fisheries is 8.1, which is more than
double this stock's PBR of 3.5 per year. As detailed in the SAR,
numerous State and Federal fisheries contribute to this total,
including the Federal sablefish pot fishery with an estimated M/SI of
0.66 from the limited entry and open-access sablefish pot sectors
combined. In contrast, for the Mainland Mexico-CA/OR/WA stock, which
overlaps in distribution with the Central America/Southern Mexico-CA/
OR/WA stock to a large degree off the U.S. West Coast and exposure to
U.S. commercial fisheries, the mean annual M/SI across the same subset
of U.S. commercial fisheries is 11.4, which is about 27 percent of this
stock's PBR of 43 per year. Given that the M/SI of the Central America/
Southern Mexico-CA/OR/WA humpback whale stock exceeds the stock's PBR,
and that the Central America/Southern Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks are vulnerable to the same U.S. commercial
fisheries, including the Federal sablefish pot fishery, these humpback
whale stocks would be subject to this TRT.
The 2023 LOF was finalized prior to the release of the final 2022
SAR (88 FR 16899, March 21, 2023). Classification of U.S. commercial
fisheries on the 2023 (current) LOF is based on the level of incidental
M/SI for the previously
[[Page 67256]]
designated CA/OR/WA stock of humpback whales. Currently, there are
eight U.S. commercial fisheries identified as Category II fisheries due
to incidental M/SI of the CA/OR/WA stock, with seven of those
identified as pot or trap fisheries, including the Federal sablefish
pot fishery. In the 2024 LOF, NMFS (88 FR 62748; September 13, 2023)
has proposed to classify U.S. commercial fisheries based on the revised
stock structure for humpback whales. The 2024 LOF does not propose to
reclassify any additional U.S. West Coast commercial fisheries as
Category I or II fisheries based on updated information and the revised
humpback whale stock structure, although NMFS has proposed to elevate
the California Dungeness crab pot fishery to Category I due to the M/SI
of the Central America/Southern Mexico-CA/OR/WA stock of humpback
whales. The Federal sablefish pot fishery would continue to be
classified as Category II for both the Central America/Southern Mexico-
CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whales in the
proposed 2024 LOF.
Public Comments Solicited
Prior to convening this TRT by October 31, 2025, NMFS is seeking
public input on the scope of the TRT as well as other relevant
information that will support planning for the TRT. Specifically, NMFS
is seeking input on whether other Category I or II fisheries, beyond
the Federal sablefish pot gear fishery, that incidentally kill or
seriously injure the Central America/Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of humpback whales, should be addressed
by the TRT.
Additional information relevant to establishing this TRT includes
information about the factors associated with risks of humpback whale
or other large whale entanglements in U.S. commercial fisheries in the
Pacific Ocean. This information could include available scientific or
commercial data about the conduct of these fisheries, along with
biological and ecological influences, and any other factors that affect
the nature of interactions between large whales and U.S. commercial
fishing gear.
Finally, NMFS is seeking to identify interested stakeholders who
may wish to serve as TRT members. A seat on a Team is provided to
ensure the interests of a constituency, organization, or expertise--and
not a specific individual--are adequately represented. The intention is
to be inclusive and ensure all those with a stake are represented at
the table (either directly or through others on the Team). The
stakeholders to be represented and interests to be included on the Team
are determined on a case-by-case basis, depending on the scope of a
given Team. In addition to the statutory criteria for Team membership
noted above, NMFS also identifies candidate individuals who can ably
represent the different interests. NMFS recruits candidate Team members
based on the following:
<bullet> Ability to bring first-hand knowledge and perspective to
bear on the relevant fisheries and/or marine mammal species;
<bullet> Ability to balance a regional perspective with localized
knowledge;
<bullet> Willingness to express fundamental interests (as opposed
to fixed positions) and to clearly convey the interests of one or more
important stakeholder groups;
<bullet> Ability to work collaboratively, seeking to integrate the
interests of a broad range of constituencies;
<bullet> Ability to access and use an effective communication
network to reach members of their constituency not attending Team
meetings;
<bullet> Availability and willingness to travel and participate in
meetings;
<bullet> Proven track record of engaging in constructive dialogues
on controversial resource management issues;
<bullet> Extent to which candidates' participation on other teams
fosters or hinders deliberations; and,
<bullet> Ability to represent multiple factions of a constituency
(e.g., multiple sectors of a fishery or a wide array of particular
fishery).
NMFS will conduct an independent process to identify and assess
potential candidates for TRT membership prior to issuing a notice
establishing the TRT.
References
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments:
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
Young, N.C, M.M. Muto, V.T. Helker, B.J. Delean, N.C. Young, J.C.
Freed R.P. Angliss, N.A. Friday, P.L. Boveng, J.M. Breiwick, B.M.
Brost, M.F. Cameron, P.J. Clapham, J.L. Crance, S.P. Dahle, M.E.
Dahlheim, B.S. Fadely, M.C. Ferguson, L.W. Fritz, K.T. Goetz, R.C.
Hobbs, Y.V. Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch,
R.R. Ream, E.L. Richmond, K.E.W. Shelden, K.L. Sweeney, R.G. Towell,
P.R. Wade, J.M. Waite, and Alexandre N. Zerbini. 2023. Alaska Marine
Mammal Stock Assessments 2022. U.S. Department of Commerce. NOAA
Technical Memorandum NMFS-AFSC-474. 316 p.
Dated: September 25, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-21333 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-22-P
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