[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Notices]
[Pages 71894-71895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34451]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 120998B]
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Extension of Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Extension of permits; request for comments.
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SUMMARY: NMFS hereby extends the current permits for those fisheries
that have negligible impacts on marine mammal stocks listed as
threatened or endangered under the Endangered Species Act (ESA) for 6
months through June 30, 1999. This action allows the incidental, but
not intentional, taking of such marine mammals in commercial fishing
operations.
NMFS also requests comments on the criteria for determining whether
such fisheries have a negligible impact on marine mammal stocks and on
such other issues as whether authorizations should include provisions
for taking that does not involve mortalities and/or serious injuries to
marine mammals.
DATES: Effective January 1, 1999-June 30,1999. Comments on the criteria
for issuance of permits will be accepted through February 16, 1999.
ADDRESSES: Send comments on the criteria for issuance of permits to
Chief, Marine Mammal Division, Office of Protected Resources, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910-2337.
FOR FURTHER INFORMATION CONTACT: Dean Wilkinson, NMFS (301) 713-2322.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(E) of the Marine Mammal
Protection Act (MMPA) requires the authorization of the incidental
taking of individuals from marine mammal stocks listed as threatened or
endangered under the Endangered Species Act (ESA) in the course of
commercial fishing operations if it is determined 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 the provisions contained in section 118, and a take
reduction plan has been developed or is being developed for such
species or stock.
``Negligible impact'' as defined in 50 CFR 216.103 and as applied
here is ``an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 118 requires the registration of vessels in fisheries
listed as either Category I or Category II on the annual list of
commercial fisheries. A Category I fishery is a fishery with ``frequent
incidental mortality and serious injury of marine mammals.'' A Category
II fishery is a fishery with ``occasional incidental mortality and
serious injury of marine mammals.'' Registration is not required for
Category III fisheries, which have ``a remote likelihood of or no known
incidental mortality or serious injury of marine mammals.'' The
proposed list of fisheries for 1999 was published on August 11, 1998
(63 FR 42803).
On August 31, 1995 (60 FR 45399), NMFS issued interim final permits
for those fisheries meeting the conditions under section 101(a)(5)(E)
of the MMPA. As a starting point for making determinations, NMFS
announced it would consider a total annual serious injury and mortality
of not more than 10 percent of a threatened or endangered marine mammal
stock's potential biological removal (PBR) level to be insignificant.
PBR is defined in the MMPA as ``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.'' NMFS also announced that such a criterion
would not be the only factor in evaluating whether a particular level
of take would be considered negligible. Because population abundance
and fishery-related mortality information used in calculation of PBR
have varying degrees of uncertainty, NMFS determined that such factors
as population trend and reliability of abundance and mortality
estimates also should be considered.
Based on requirements of section 101(a)(5)(E) of the MMPA and these
criteria, NMFS issued interim final permits to allow for the
incidental, but not intentional, taking of three stocks of endangered
or threatened marine mammals: (1) Humpback whale, central North Pacific
stock; (2) Steller sea lion, eastern stock; and (3) Steller sea lion,
western stock. Permits were issued for Category I and Category II
fisheries taking animals from these stocks. Consistent with the
provisions of section 101(a)(5)(E)(ii) of the MMPA, NMFS determined
that permits were not required for Category III fisheries, which are
not required to register under section 118 of the Act. The only
requirement for Category III fisheries is that any serious injury or
mortality be reported.
The MMPA provides that permits may be issued for a three year
period. The current permits expire on December 31, 1998. The list of
permitted fisheries was published on August 31, 1995 (60 FR 45401).
Currently, none of the permitted fisheries has a serious injury and
mortality level above 10 percent of PBR for listed species. Combined
mortality from the western stock of Steller sea lions for all currently
permitted fisheries is estimated to be 30.3, and ten percent of PBR is
35. Combined mortality from the eastern stock of Steller sea lions is
estimated to be 13.8, and ten percent of PBR is 136. Combined mortality
from the central north Pacific stock of humpback whales caused by
currently permitted fisheries is 0.8 and ten percent of PBR is 0.74.
Because the population is increasing and the estimated mortality is
less than one whale per year, current permits could be reissued.
If existing criteria were to be used, permits could be reissued for
a 3-year period for fisheries affecting all three stocks. NMFS views
this as an opportunity to review existing criteria for the issuance of
permits and to address issues that have arisen since the permits were
first issued. Therefore, NMFS is extending the existing permits for a
6-month period and requesting public comment before issuing new
permits. In accordance with the MMPA, opportunity will also be given to
comment on the permits before they are issued.
NMFS requests comments on whether the current criteria for issuance
of permits under section 101(a)(5)(E) of the MMPA are adequate or
whether changes should be made. Currently, the method
[[Page 71895]]
for determinating negligible impact is based on 10 percent of PBR with
other factors considered when appropriate. Some suggestions have been
made including: the determination be based on recovery rate for the
stock involved; some other percentage of PBR be used since PBR already
contains a recovery factor; or the criteria be related to the zero
mortality rate goal. In addition, NMFS invites comments on how
cumulative impact of a number of different fisheries should affect
permit issuance. This is not an issue with the existing permits, but it
may be a consideration in the future.
A couple of issues have arisen since the first permits were issued,
and NMFS invites comment on how they should be addressed. First, there
is an issue as to whether the permits should apply to takings that do
not involve serious injuries and mortalities. It is not absolutely
clear whether Congress intended section 101(a)(5)(E) to apply to all
types of takes. The use of the term ``taking'' in the introductory
portion of the section does not appear to be limited to serious
injuries and mortalities, but the criteria for issuance of a permit
focus only on the impact of serious injuries and mortalities. There is
a question as whether permits should cover both types of taking. In
addition, to date, the agency has not considered issuing permits solely
for takings that do not involve serious injuries or mortalities. NMFS
invites comments on whether it should issue permits to cover such
takings and, if so, what criteria should be used in making
determinations concerning the issuance of such permits.
Second, NMFS request comments on whether it should or can issue
permits covering less serious types of taking when permits cannot be
issued to fisheries for takings involving serious injury or
mortalities.
Issuance of Permits
Section 105(a)(5)(E) permits are hereby issued to all vessel owners
registered in fisheries currently holding such permits. The permits
will be effective on January 1, 1999, and will expire on June 30, 1999.
Permits may be suspended or revoked if the level of taking
specified in the Incidental Take Statement prepared under section 7 of
the ESA for each stock for which an incidental take permit is issued is
exceeded.
Dated: December 23, 1998.
P. Michael Payne,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 98-34451 Filed 12-29-98; 8:45 am]
BILLING CODE 3510-22-F