[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Notices]
[Pages 68767-68773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28280]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XZ23
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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[[Page 68768]]
SUMMARY: NMFS proposes to issue a permit for a period of three years to
authorize the incidental, but not intentional, taking of individuals
from six marine mammal stocks listed under the Endangered Species Act
(ESA) by groundfish fisheries in the Bering Sea and the Gulf of Alaska.
In accordance with the Marine Mammal Protection Act (MMPA), NMFS has
made a preliminary determination that incidental taking from commercial
fishing will have a negligible impact on the endangered Central North
Pacific (CNP) stock of humpback whales, Western North Pacific (WNP)
stock of humpback whales, Northeast Pacific (NEP) stock of fin whales,
North Pacific stock of sperm whales, and Western U.S. stock of Steller
sea lions; and on the threatened Eastern U.S. stock of Steller sea
lions. NMFS has insufficient funds to complete TRPs for the two stocks
of humpback whales, for the North Pacific stock of sperm whales, and
for the Western U.S. stock of Steller sea lions. Take Reduction Plans
(TRPs) are not required for the NEP stock of fin whales or the Eastern
U.S. stock of Steller sea lions because mortality and serious injury of
these stocks incidental to commercial fishing operations are at
insignificant levels approaching a zero mortality and serious injury
rate. Recovery plans are being prepared or have been completed for
these threatened or endangered species. A monitoring plan is in place,
and vessels have been registered under the MMPA for the fisheries
included in this proposed permit. Accordingly, NMFS proposes to issue
the required permits to participants in the Alaska-based groundfish
fisheries. NMFS solicits public comments on the negligible impact
determination and on the proposal to issue this permit.
DATES: Comments must be received by November 24, 2010.
ADDRESSES: A draft Negligible Impact Determination (NID) for five of
the affected stocks is available on the Internet at the following
address: http://www.alaskafisheries.noaa.gov/index/analyses/analyses.asp. The final NID for the sixth stock, CNP humpback whales,
is available on the Internet at the following address: http://www.fpir.noaa.gov/PRD/prd_humpback.html. Recovery plans for these
species are available on the Internet at the following address: http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals.
Address all comments to Kaja Brix, Assistant Regional
Administrator, Protected Resources Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. Comments may be submitted by e-mail to
[email protected]. Include in the subject line the following
document identifier: 0648-XZ23 permit. E-mail comments with or without
attachments are limited to 5 megabytes. Written comments should be sent
to Kaja Brix, Assistant Regional Administrator, Protected Resources
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802.
Comments may be hand-delivered to the Federal Building, 709 West 9th
Street, Room 420A, Juneau, AK; or may be faxed to (907) 586-7557.
All comments received are a part of the public record. All Personal
Identifying Information (e.g., name, address) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
Comments received after the 15-day comment period may not be considered
or made part of the record.
FOR FURTHER INFORMATION CONTACT: Dana J. Seagars, Protected Resources
Division AKR, (907) 271-5005, or Tom Eagle, Office of Protected
Resources, (301) 713-2322, ext. 105.
SUPPLEMENTARY INFORMATION: NMFS is now considering the issuance of a 3-
year permit under MMPA section 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E))
to participants registered in certain Alaska-based groundfish fisheries
to incidentally take individuals from five marine mammal stocks listed
as endangered under the ESA: The CNP stock of humpback whales, the WNP
stock of humpback whales, the NEP stock of fin whales, the North
Pacific stock of sperm whales, and the Western U.S. stock of Steller
sea lions, and from one stock, the Eastern U.S. stock of Steller sea
lions, listed as threatened.
Taking of individuals from these threatened or endangered stocks of
marine mammals would be authorized incidental to operation of the
following Federal and State-parallel Category II groundfish fisheries:
the AK Bering Sea/Aleutian Islands flatfish trawl, AK Bering Sea/
Aleutian Island pollock trawl, AK Bering Sea sablefish pot, and AK
Bering Sea/Aleutian Islands Pacific cod longline fisheries. Because
other stocks of threatened or endangered marine mammals are not taken
incidental to groundfish fisheries in Alaska, no other species or
stocks are considered for this proposed permit. There are no Category I
fisheries designated in Alaska. Participants in Category III fisheries
are not required to obtain incidental take permits under MMPA section
101(a)(5)(E) but are required to report injuries or mortalities of
marine mammals incidental to their operations for the taking to be
authorized after a NID has been made. NMFS will consider issuing
permits at a future date for the taking of the subject threatened or
endangered species by participants in State-managed fisheries other
than the State-parallel groundfish fisheries. State-parallel groundfish
fisheries are included in this proposed permit. The data for
considering these authorizations were reviewed coincident with the
preparation of the proposed 2011 MMPA List of Fisheries (LOF) (75 FR
36318, June 25, 2010), the draft 2010 marine mammal stock assessment
reports (dSAR) (Allen and Angliss 2010), and other relevant sources.
MMPA section 101(a)(5)(E) requires NMFS to authorize the incidental
taking of individuals from marine mammal species or stocks listed as
threatened or endangered under the ESA in the course of commercial
fishing operations, if NMFS determines that: (1) Incidental mortality
and serious injury 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 MMPA section 118, and a TRP has been developed or is
being developed for such species or stock.
Determining Negligible Impact in Fisheries
Prior to issuing a permit to take ESA-listed marine mammals
incidental to commercial fishing, NMFS must determine if that mortality
and serious injury incidental to commercial fisheries will have a
negligible impact on the affected species or stocks of marine mammals.
NMFS satisfied this requirement through completion of a NID. NMFS
clarifies that incidental mortality and serious injury include only
direct mortality and serious injury, such as from entanglement or
hooked in fishing gear. Indirect effects, such as the effects of
removing prey from habitat, are not included in this analysis. An
opinion prepared under ESA section 7 considers direct and indirect
effects of Federal actions and, thus, contains a broader scope of
analysis than is required by MMPA section 101(a)(5)(E).
Although the MMPA does not define ``negligible impact'', NMFS has
issued regulations providing a qualitative definition of negligible
impact (50 CFR 216.3) and, through scientific analysis,
[[Page 68769]]
peer review, and public notice, developed a quantified approach and a
process to make such determinations. The development of the approach
and process was outlined in detail in the current draft NID made
available through this notice and was included in previous notices for
other permits to take threatened or endangered marine mammals
incidental to commercial fishing (e.g., proposed for CNP humpback
whales in 75 FR 8305, February 24, 2010 and final in 75 FR 29984, May
28, 2010).
NMFS has adopted the following criteria for making a negligible
impact determination relevant to incidental take permits (64 FR 28800,
May 27, 1999):
(1) The threshold for initial determination will remain at 10
percent of the Potential Biological Removal level (PBR). If total
human-related serious injuries and mortalities are less than 10 percent
of PBR, all fisheries may be permitted.
(2) If total human-related serious injuries and mortalities are
greater than PBR, and fisheries-related mortality is less than 10
percent of PBR, individual fisheries may be permitted if management
measures are being taken to address non-fisheries-related serious
injuries and mortalities. When fisheries-related serious injury and
mortality are less than 10 percent of the total, the appropriate
management action is to address components that account for the major
portion of the total.
(3) If total fisheries-related serious injuries and mortalities are
greater than 10 percent of PBR and less than PBR and the population is
stable or increasing, fisheries may be permitted subject to individual
review and certainty of data. Although the PBR level has been set up as
a conservative standard that will allow recovery of a stock, there are
reasons for individually reviewing fisheries if serious injuries and
mortalities are above the threshold level. First, increases in
permitted serious injuries and mortalities should be carefully
considered. Second, as serious injuries and mortalities approach the
PBR level, uncertainties in elements such as population size,
reproductive rates, and fisheries-related mortalities become more
important.
(4) If the population abundance of a stock is declining, the
threshold level of 10 percent of PBR will continue to be used. If a
population is declining despite limitations on human-related serious
injuries and mortalities below the PBR level, a more conservative
criterion is warranted.
(5) If total fisheries-related serious injuries and mortalities are
greater than PBR, permits may not be issued.
The NID Criterion (1) is the starting point for analyses. If this
criterion is satisfied, the analysis would be concluded. The remaining
criteria describe alternatives under certain conditions, such as
fishery mortality below the negligible threshold but other human-caused
mortality above the threshold, or fishery and other human-caused
mortality between the negligible threshold and PBR for a stock that is
increasing or stable. If NID Criterion (1) is not satisfied, NMFS may
use one of the other criteria, as appropriate.
Description of the Fisheries
The following are the Federally-authorized and State-parallel
groundfish fisheries classified as Category II in the 2010 LOF which
are known to seriously injure or kill ESA-listed marine mammals
incidental to commercial fishing operations. Detailed descriptions of
these fisheries can be found in the June 2004 Alaska Groundfish
Fisheries Final Supplemental Programmatic Environmental Impact
Statement (http://alaskafisheries.noaa.gov/sustainablefisheries/seis/)
and in NMFS (2010), a draft Biological Opinion (BiOp) on the groundfish
fishery management plan the fisheries addressed in the draft BiOp
henceforth are collectively referred to as the ``Alaska groundfish
fisheries.'' Certain aspects of the fisheries may be altered due to
reasonable and prudent alternatives included in the BiOP; however,
these changes in fishing operations are not expected to result in
increased levels of mortality and serious injury of marine mammals,
including threatened and endangered species.
Bering Sea/Aleutian Islands Flatfish Trawl
In 2008 the Amendment 80 program allocated most of the Bering Sea
and Aleutian Islands (BSAI) rock sole, flathead sole, and yellowfin
sole allocations to the trawl catcher processor sectors using bottom
trawl gear. Other vessel categories and gear types catch some rock
sole, flathead sole, and other flatfish incidentally in other directed
fisheries. In 2009, 30 vessels targeted flatfish in the BSAI. Rock sole
is generally targeted during the roe season. Then these vessels shift
to several different targets, notably Atka mackerel, arrowtooth
flounder, flathead sole, yellowfin sole, Pacific cod, and Pacific ocean
perch. Vessels also can go into the Gulf of Alaska to fish for
arrowtooth, Pacific cod, flathead sole, and rex sole. In the BSAI, most
of the rock sole, flathead sole, and other flatfish fisheries occur on
the continental shelf in the eastern Bering Sea in water shallower than
200 m. Some effort follows the contour of the shelf to the northwest
and extends as far north as Zhemchug Canyon. Very few rock sole,
flathead sole, and other flatfish are taken in the Aleutian Islands due
to the limited shallow water areas present.
Bering Sea/Aleutian Islands Pollock Trawl
In 2009, 117 vessels targeted pollock in the BSAI management area.
The pattern of the modern pollock fishery in the BSAI is to focus on a
winter, spawning-aggregation fishery. The A season fishery is January
20 through June 10. Fishing in this season lasts about 8-10 weeks
depending on the catch rates. The B season is June 10 through November
1. Fishing in the B season is typically September through October and
has been conducted to a greater extent west of 170[deg] west long.
compared to the A season fishing location in the southern Bering Sea.
Directed fishing is closed for pollock in all areas from November 1 to
January 20. Fishing is also closed around designated rookeries and
haulouts out to 20 nm and within Steller sea lion foraging areas in the
BSAI. The Bering Sea pollock total allowable catch (TAC) is allocated
40 percent to the A season and 60 percent to the B season. No more than
28 percent of the annual directed fishing allowance for pollock can be
taken inside the Sea Lion Conservation Area in the southern Bering Sea
before April 1.
Bering Sea/Aleutian Islands Pacific Cod Longline
In 2009, 55 vessels targeted Pacific cod using hook-and-line gear.
Hook-and-line harvested Pacific cod are mostly taken along the slope of
the continental shelf break and along the Aleutian Islands. Harvest is
seasonally apportioned to A and B seasons for vessels greater than 60
feet length overall. The A season is January 1 through June 10 and the
B season is June 10 through December 31. The annual TAC is apportioned
60 percent to the A season and 40 percent to the B season.
Bering Sea Sablefish Pot
Sablefish are harvested in relatively deep water along the
continental slope (100-1,000 m) and along the Aleutian Islands. From
1996 to 2007, directed fisheries for sablefish have only been open to
vessels using hook-and-line and pot gear in the BSAI. In 1995,
sablefish
[[Page 68770]]
(as well as Pacific halibut) became a closed fishery for fixed gear
based on historical participation. An individual fishing quota (IFQ)
program was implemented, which assigns quota shares on an annual basis
to authorized fishermen (50 CFR 679(d)). The directed sablefish fishery
is open only to IFQ shareholders who use fixed gear (hook-and-line or
pot gear) and starting in 2008 trawl catcher processors in the
Amendment 80 cooperative. In 2009, 10 pot catcher vessels were active
in this fishery.
Negligible Impact Determinations
Humpback Whale, Central North Pacific Stock
A NID for the CNP humpback whale was issued recently (75 FR 29984,
May 28, 2010). That analysis included incidental taking by commercial
fisheries in both Alaska and Hawaii waters. At the time, permits were
issued to Hawaii-based fisheries but not to Alaska fisheries. NMFS has
reviewed new information available since it issued the NID and confirms
the NID for CNP humpback whales.
The current CNP humpback NID estimated mortality and serious injury
of CNP humpback whales incidental to commercial fishing operations in
HI and AK totaled 5.4 whales per year, which is 26.5 percent of the
stock's PBR level. NMFS concluded that incidental mortality and serious
injury at this total rate will have a negligible impact on CNP humpback
whales. The time frame for the data used in that analysis was the five-
year period from 2003 through 2007, pending availability of recent
data. More recent information provided in the dSAR (Allen and Angliss,
2010) for the CNP humpback whale now estimates the PBR = 61.2 animals
based on updated population assessment information and an increase of
the Recovery Factor (RF) used to calculate PBR to 0.3. The dSAR
provides a revised estimate for mortality and serious injury of CNP
humpback whales incidental to commercial fishing operations in HI and
AK at 3.8 whales per year, which is 6.2 percent of the stock's PBR
level. Accordingly, NMFS reiterates the conclusion reached by the CNP
humpback NID: Incidental mortality and serious injury due to commercial
fisheries will have a negligible impact on CNP humpback whales based on
the best scientific information for the 5-year period from 2003 through
2007, with inclusion, where available, of more recent data.
Humpback Whale, Western North Pacific Stock
NMFS has evaluated the best available information in assessing the
interactions between ESA-listed WNP humpback whales and Alaska
fisheries (including observer data), other fisheries (using primarily
stranding and sightings data), and other sources of human-caused
serious injury and mortality, to determine whether the incidental
mortality and serious injury from all commercial fisheries will have a
negligible impact on the stock. Allen and Angliss (2010) use an annual
rate of increase of 7 percent for this stock and note this rate is
considered conservative for the stock. One humpback whale mortality,
reported in the Bering Sea sablefish pot fishery during the 2002-2006
period, occurred in an area of overlap between the WNP and CNP humpback
stocks. Because of the uncertainty of stock assignment of that take,
NMFS evaluated the potential impacts of this mortality on each of the
possible source stocks. If this mortality removed an individual from
the WNP stock, the mean annual mortality and serious injury rate for
this stock attributable to commercial fisheries is 0.2 whales per year
(Table 3 in the accompanying NID). NMFS stranding data contain no
reports of fisheries-related WNP humpback whale strandings or
entanglements; no mortalities or serious injuries have been recorded
due to ship strikes. Thus, the estimated annual total human-caused
injury rate for the WNP stock of humpback whales in the U.S. Exclusive
Economic Zone (EEZ) for 2002-2006 is 0.2 whales per year. The PBR for
this stock is 2.0 animals per year. NMFS regulations to classify
fisheries in the annual LOF state that where total serious injury and
mortality across all fisheries are equal to or less than 10 percent of
a stock's PBR, all fisheries interacting with this stock would be
placed in Category III. NMFS intends to propose changing fishery to
Category III for the 2012 LOF, based on the current level of total
serious injury and mortality from this stock (equal to 10 percent of
the stock's PBR) and no takes of other marine mammals that would place
it in Category II.
Accordingly, total human-caused mortality and serious injury are
below the PBR for this stock. Because, as described in the accompanying
NID, the stock is stable or increasing and annual human-caused
mortality and serious injury are equal to 10 percent of PBR, NID
Criterion (3) is the appropriate criterion for consideration. Under NID
Criterion (3) fishery-related mortality and serious injury would be
considered negligible if such mortality and serious injury, in
combination with other human sources of mortality, do not exceed PBR,
subject to individual review and certainty of data. The NID Criterion
(3) is satisfied in determining that mortality and serious injuries of
the WNP humpback stock incidental to commercial fishing would have a
negligible impact on the WNP humpback whale stock. This determination
is supported by review of mortality and serious injury incidental to
U.S. commercial fishing, stable or increasing growth rate of the stock,
limited potential for increases in serious injury and mortality due to
the relevant fisheries, the fact that total human-caused mortality and
serious injury is below the estimated PBR and is not expected to delay
recovery of the stock by more than 10 percent more than recovery time
if these removals did not occur. Additional information is available in
the draft NID.
Fin Whale, Northeast Pacific Stock
NMFS evaluated the best available information in assessing the
interactions between ESA-listed NEP fin whales and Alaska fisheries
(including observer data), other fisheries (using primarily stranding
and sightings data), and other sources of human-caused serious injury
and mortality, in order to determine whether the incidental mortality
and serious injury from all commercial fisheries will have a negligible
impact on the stock. Allen and Angliss (2010) reported an annual rate
of increase of 4.8 percent and a PBR of 11.4 for this stock. Mortality
of one NEP fin whale was reported in the Bering Sea/Aleutian Islands
pollock trawl fishery during the 2002-2006 period, and the mean annual
mortality and serious injury rate incidental to commercial fisheries is
0.23 whales per year (Table 10 in the accompanying NID). NMFS stranding
data contain no reports of fisheries-related NEP fin whale strandings
or entanglements in the EEZ offshore of Alaska. Based on the one
mortality reported and investigated during 2002-2006, the minimum mean
annual mortality/serious injury from ship strikes is 0.20 fin whales
per year in Alaska. The estimated minimum annual total human-caused
mortality and serious injury rate for the NEP stock of fin whales in
the U.S. EEZ for 2002-2006 is 0.43 whales per year. Accordingly, total
human-caused mortality and serious injury is below 10 percent of PBR
(1.14) for this stock, and evaluation by NID Criterion (1) applies.
Because all total human-related serious injuries and mortalities are
less than 0.1
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PBR, NMFS has determined that mortality and serious injury incidental
to commercial fisheries will have a negligible impact on the NEP fin
whale stock. Additional information is available in the accompanying
draft NID.
Sperm Whale, North Pacific Stock
NMFS has not conducted a complete survey for sperm whales in waters
off Alaska, and the abundance of the stock is unknown; therefore, a PBR
for this stock is not available. Allen and Angliss (2010) noted that
although key elements in understanding the biology and status of the
population are currently unavailable, current levels of human-caused
mortality and serious injury seem minimal for this stock. Criterion (1)
in the 1999 guidelines indicates that total human-caused mortality and
serious injury of the stock that is less than 10 percent of the stock's
PBR would have a negligible impact on the affected stock. Allen and
Angliss (2010) estimate that the Gulf of Alaska groundfish fishery
takes (by serious injury and mortality) an annual mean of 3.5 sperm
whales. No other mortality or serious injury of sperm whales is
reported or observed incidental to commercial fisheries in Alaska. No
other sources of human-caused mortality and serious injury of sperm
whales are reported in Alaska. The draft 2010 Pacific SAR for sperm
whales in California, Oregon and Washington reports an annual rate of
0.2 human-caused deaths of sperm whales per year. Therefore, human-
cause mortality and serious injury of sperm whales in the North Pacific
stock may be estimated as 3.7.
The formula for calculating PBR of North Pacific sperm whales can
be re-arranged to estimate the minimum number of sperm whales that
would be required for 3.7 to be 10 percent or less of the stock's PBR.
Rearranging the formula and solving for the minimum abundance estimate
results in a minimum abundance of 18,500 sperm whales. Citing multiple
sources, the draft BiOp (NMFS, 2010) states that practical working
estimates of sperm whale abundance for the entire North Pacific range
from 100,000 to 200,000 and that the number of sperm whales in the
eastern North Pacific has been estimated to be 39,200.
The best available information (as reported in the draft BiOp and
Allen and Angliss, 2010) indicates that there are sufficient sperm
whales in the eastern North Pacific Ocean so that human-caused
mortality and serious injury are less than 10 percent of a PBR for
sperm whales in the eastern North Pacific Ocean. Accordingly, the
mortality and serious injury of North Pacific sperm whales incidental
to commercial fishing would not cause more than a 10 percent delay in
the time for the stock to recover. Therefore, NMFS has determined that
mortality and serious injury incidental to commercial fishing will have
a negligible impact on the North Pacific stock of sperm whales.
Steller Sea Lion, Western U.S. Stock
NMFS has evaluated the best available information to assess
population status and trend and to evaluate the effect of interactions
between Western U.S. stock of Steller sea lions and commercial
fisheries in Alaska (including observer data), other fisheries (based
on the scientific literature), and other sources of human-caused
serious injury and mortality (surveys, anecdotal reports, and stranding
and sightings data), to determine whether the incidental mortality and
serious injury from all commercial fisheries will have a negligible
impact on the stock. Recent exhaustive reviews of population status and
trend have been completed by NMFS as part of the draft BiOp on the
Alaska groundfish fisheries (NMFS 2010) and the stock assessment
reports (SARs; Allen and Angliss 2010). Although the stock continues to
decrease in the Western and Central Aleutians, it has, since 2004, been
increasing in the Eastern Aleutians. The recent trend in the Gulf of
Alaska has been one of short-term fluctuation in the central and
western portions with a possible increase in the eastern portion likely
related to a seasonal migration of individuals from the Eastern U.S
stock of Steller sea lions. The draft BiOp indicates that the overall
population of the Western U.S. stock of Steller sea lions is stable and
may be increasing at an annual rate of 1.5 percent (not statistically
significant) (NMFS 2010).
The estimated minimum mean mortality and serious injury rate
incidental to commercial fisheries over the 2002-2006 period is 26.2
Western U.S. stock Steller sea lions per year (Table 5 in the
accompanying NID); 0.25 for the Bering Sea/Aleutian Islands Atka
mackerel trawl, 3.01 for the Bering Sea/Aleutian Islands flatfish
trawl, 0.85 for the Bering Sea/Aleutian Islands Pacific cod trawl, 3.83
for the Bering Sea/Aleutian Islands pollock trawl, 1.33 for the Gulf of
Alaska pollock trawl, 1.98 for the Bering Sea/Aleutian Islands Pacific
cod longline and 14.5 in the Prince William Sound salmon drift gillnet.
The total is greater than 10 percent of PBR (25.4 animals) and less
than this stock's PBR (254 animals). The mean annual Alaska native
subsistence take from this stock is estimated to be 197 Western U.S.
stock Steller sea lions per year. NMFS calculates there is an average
of 0.6 Steller sea lion mortalities per year due to permitted research
activities. Based on available data, the estimated total human-caused
mortality and serious injury (223.8) are less than the PBR (254) for
this stock. Data available for estimating human caused mortality and
serious injury in commercial fisheries for this permit are largely
based on extensive and ongoing fisheries observer programs designed to
address those fisheries known or believed most likely to interact with
this stock. In some cases mortality data include opportunistic reports
(e.g., strandings, subsistence harvest) or old observations (e.g.,
observation of the PWS drift gillnet salmon fishery in the early
1990s).
Because fishery-related mortality and serious injury slightly
exceed 10 percent of PBR, the stock is stable or increasing, and total
annual human-caused mortality and serious injury are less than PBR, NID
Criterion (3) is the appropriate criterion for consideration. The NID
Criterion 3 is satisfied in determining that mortality and serious
injuries of Western U.S. stock Steller sea lions incidental to
commercial fishing will have a negligible impact on the stock because
population growth is stable or increasing, the fishery-related
mortalities and serious injuries (26.2) are less than PBR (254). This
determination is supported by review of mortality and serious injury
incidental to U.S. commercial fishing and other human related mortality
and serious injury, a stable or increasing population trend, limited
potential for increases in serious injury and mortality due to the
relevant fisheries, the fact that total human-caused mortality and
serious injury is below the estimated PBR and are not expected to delay
recovery of the stock by more than 10 percent more than recovery time
if these removals did not occur. Additional information is available in
the draft NID.
Steller Sea Lion, Eastern U.S. Stock
NMFS evaluated the best available information to assess population
status and trend and in evaluating the effect of interactions between
the ESA-listed Eastern U.S. stock of Steller sea lions and commercial
fisheries in Alaska (including observer data), other fisheries (based
on the scientific literature), and other sources of human-caused
serious injury and mortality (surveys, reports, and stranding and
sightings data), to determine whether the incidental
[[Page 68772]]
mortality and serious injury from all commercial fisheries will have a
negligible impact on the stock. Recent reviews of population status and
trends have been completed by NMFS as part of the (draft) BiOp on the
Alaska groundfish fisheries (NMFS, 2010) and the SARs (Allen and
Angliss, 2010). These reviews indicate the stock is increasing at
minimum of 3.1 per cent per year. The minimum estimated mortality and
serious injury rate incidental to commercial fisheries (both U.S. and
Canadian) is 25.6 Eastern U.S. stock Steller sea lions per year,
(Tables 8 and 9 in the accompanying NID); 0.8 for the WA/OR/CA
groundfish trawl and 24.8 in the Alaska salmon troll fishery. The total
estimated annual mortality due to commercial fishing is less than 10
percent of this stock's PBR (2,378 animals).
The mean annual Alaska native subsistence take from this stock is
estimated to be 11.9 Steller sea lions per year. NMFS calculates there
is an average of 0.8 mortalities per year due to illegal shooting of
Steller sea lions from the Eastern U.S. stock, an average of 0.6
``other non-fishery human-related'' mortalities in Oregon and
Washington, and an average of 1.8 Eastern U.S. stock of Steller sea
lion mortalities per year due to permitted research activities. Based
on available data, the estimated total human-caused mortality and
serious injury (40.7) are less than 10 percent of the stock's PBR
(237.8). Data available for estimating human-caused mortality and
serious injury in commercial fisheries are largely based on both
historic and ongoing fisheries observer programs designed to address
those fisheries known or believed most likely to interact with this
stock. NMFS is aware that, in some cases, mortality data are based on
opportunistic reports (e.g. strandings, subsistence harvest) or on
observations where it is impossible to determine with certainty if the
mortality and serious injury occurred as a result of the recreational
or commercial parts of the fishery due to the similarity of the gear
used in these southeast Alaska salmon troll fisheries.
Because total human-caused mortality and serious injury is below 10
percent of PBR for this stock, NID Criterion 1 is satisfied. NMFS has
determined that the annual mortality and serious injury incidental to
commercial fisheries will have a negligible impact on the Eastern U.S.
stock of Steller sea lions. Additional information is available in the
accompanying draft NID.
Conclusions for Proposed Permit
Based on the above assessment and as described in the accompanying
NID, NMFS concludes that the incidental mortality and serious injury
from commercial fishing will have a negligible impact on the CNP stock
of humpback whales, the WNP stock of humpback whales, the NEP stock of
fin whales, the North Pacific stock of sperm whales, the Western U.S.
stock of Steller sea lions, and the Eastern U.S. stock of Steller sea
lions. The impacts on the human environment of continuing and modifying
the Alaska groundfish fisheries, including the taking of threatened and
endangered species of marine mammals, were analyzed in Alaska
Groundfish Fisheries Final Supplemental Programmatic Environmental
Impact Statement (June 2004; http://www.fakr.noaa.gov/sustainablefisheries/seis/), the Biological Assessment of the Alaska
Groundfish Fisheries and NMFS Managed Endangered Species Act Listed
Marine Mammals and Sea Turtles (NMFS 2006; http://stellersealions.noaa.gov/sustainablefisheries/sslmc/agency_documents/BA4-6-06.pdf) pursuant to the National Environmental Policy Act (NEPA)
(42 U.S.C. 4231 et seq.), and in the draft BiOp prepared for the Alaska
groundfish fisheries (NMFS, 2010) pursuant to the ESA. Issuing the
proposed permit would have no additional impact to the human
environment or effects on threatened or endangered species beyond those
analyzed in these documents. NMFS now reviews the remaining
requirements to issue a permit to take the subject listed species
incidental to the Alaska groundfish fisheries.
Recovery Plans
Recovery Plans for humpback whales and Steller sea lions of the
subject listed species have been completed. Recovery plans for fin and
sperm whales have been drafted and are being completed. These draft and
final recovery plans are available on the Internet (see ADDRESSES).
Accordingly, the requirement to have recovery plans in place or being
developed is satisfied.
Vessel Registration
MMPA section 118(c)(5)(A) provides that registration of vessels in
fisheries should, after appropriate consultations, be integrated and
coordinated to the maximum extent feasible with existing fisher
licenses, registrations, and related programs. Participants in the
Alaska groundfish fisheries are required to hold a permit under 50 CFR
665.21. The MMPA registration program has been integrated in this
permitting system for the Alaska-based groundfish fisheries.
Accordingly, vessels in the fisheries are registered in accordance with
MMPA section 118.
Monitoring Program
As noted above, Federally-permitted commercial fisheries in Alaska
have been observed since the early 1990s. Levels of observer coverage
vary over years but are adequate to produce reliable estimates of
mortality and serious injury of listed species (e.g., during the 2002-
2006 period, coverage ranged from 58.4-68.3 percent in the Bering Sea/
Aleutian Islands flatfish trawl, 73.0-82.2 percent in the Bering Sea/
Aleutian Islands pollock trawl, 23.8- 29.6 percent for the Bering Sea/
Aleutian Islands Pacific cod longline, and 21.7- 40.6 percent in the
Alaska Bering Sea sablefish pot fishery). Accordingly, as required by
MMPA section 118, a monitoring program is in place.
Take Reduction Plans (TRP)
Subject to available funding, MMPA section 118 requires a TRP in
cases where a strategic stock interacts with a Category I or II
fishery. The stocks considered for this permit are designated as
strategic stocks under the MMPA because they are listed as threatened
or endangered under the ESA. These strategic stocks interact with the
Category II fisheries described above, and no TRPs have been developed
for them. The short- and long-term goals of a TRP are to reduce
mortality and serious injury of marine mammals incidental to commercial
fishing to levels below PBR and to a zero mortality rate goal
(indicated by meeting the threshold for placement in the annual LOF
Category III), respectively. However, the obligations to develop and
implement a TRP are subject to the availability of funding. MMPA
section 118(f)(3) (16 U.S.C. 1387(f)(3)) contains specific priorities
for developing TRPs.
NMFS has insufficient funding available to simultaneously develop
and implement TRPs for all stocks that interact with Category I or
Category II fisheries. Most recently in March 2009, NMFS considered
multiple quantitative and qualitative factors to identify its
priorities for establishing take reduction teams (TRTs) and collecting
data. As provided in MMPA section 118(f)(6)(A) and (f)(7), NMFS used
the most recent SARs and LOF as the basis to determine its priorities
for establishing TRTs and developing TRPs. Through this process, NMFS
evaluated the WNP and CNP stocks of humpback whale, the North Pacific
stock of sperm whales, and the Western U.S. stock of Steller sea lions
as ``low'' priorities for establishing TRTs,
[[Page 68773]]
based on population trends of each stock and mortality and serious
injury levels incidental to commercial fisheries that are below the
stocks' PBRs. Accordingly, given these factors and NMFS' prioritization
process, TRPs will be deferred under section 118 as other stocks have a
higher priority for any available funding for establishing new TRPs.
Mortality and serious injury of Steller sea lions, Eastern U.S.
stock, and NEP fin whales incidental to commercial fisheries are at
insignificant levels, approaching a zero mortality and serious injury
rate (Allen and Angliss, 2010). MMPA section 118(b)(2) states that
fisheries maintaining such mortality and serious injury levels are not
required to further reduce their mortality and serious injury rates.
Because the goals of TRPs are to reduce mortality and serious injury of
marine mammals incidental to commercial fishing operations, no TRPs are
required for either of these stocks.
As noted in the summary above, all of the requirements to issue a
permit to the following Federally-authorized and State-parallel
Category II groundfish fisheries have been satisfied: the AK Bering
Sea/Aleutian Islands flatfish trawl, AK Bering Sea/Aleutian Islands
pollock trawl, AK Bering Sea sablefish pot, and AK Bering Sea/Aleutian
Islands Pacific cod longline fisheries. Accordingly, NMFS proposes to
issue a permit to participants in these Category II fisheries for the
taking of CNP humpback whales, WNP humpback whales, NEP fin whales,
North Pacific sperm whales, Steller sea lions (Western U.S. stock), and
the Steller sea lions (Eastern U.S. stock) incidental to the fisheries'
operations. As noted under MMPA section 101(a)(5)(E)(ii), no permit is
required for vessels in Category III fishery. For incidental taking of
marine mammals to be authorized in Category III fisheries, any injuries
or mortalities must be reported to NMFS. NMFS solicits public comments
on the proposed permit and the preliminary determinations supporting
the permit.
References
Allen, B.M., and R.P. Angliss (eds.). 2010. (Draft) Alaska Marine
Mammal Stock Assessments, 2010. NMFS, National Marine Mammal
Laboratory, Seattle WA.
NMFS. 2010. Draft Biological Opinion for Authorization of
Groundfish Fisheries under the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Island Management Area, Authorization of
Groundfish Fisheries under the Fishery Management Plan for Groundfish
of the Gulf of Alaska, and the State of Alaska Parallel Groundfish
Fisheries. NMFS, Alaska Region, Juneau, AK. (http://stellersealions.noaa.gov/protectedresources/stellers/esa/biop/draft/0810.htm.)
Dated: November 4, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2010-28280 Filed 11-8-10; 8:45 am]
BILLING CODE 3510-22-P