[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11493-11494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4513]



[[Page 11493]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[XRIN 0648-XA976]


Taking of Threatened or Endangered Marine Mammals Incidental to 
Commercial Fishing Operations; Listing of Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Marine Mammal Protection Act (MMPA) requires NMFS to 
publish in the Federal Register a list of fisheries that have been 
authorized to take threatened or endangered marine mammals. A list of 
such fisheries was published December 29, 2010, which authorized the 
taking of certain marine mammals listed as threatened or endangered 
under the Endangered Species Act (ESA) incidental to commercial 
fishing. With issuance of this notice, NMFS adds West Coast groundfish 
fisheries to this list for one stock of marine mammals--the Eastern 
U.S. stock of Steller sea lions.

ADDRESSES: Reference material for this determination is available on 
the Internet at the following address: http://www.alaskafisheries.noaa.gov/index/analyses/analyses.asp. The Recovery 
plan for Steller sea lions is available on the Internet at the 
following address: http://www.nmfs.noaa.gov/pr/pdfs/recovery/stellersealion.pdf.
    Copies of the reference materials may also be obtained from the 
Protected Resources Division, NMFS, Northwest Region, Protected 
Resources Division, 7600 Sand Point Way NE. Attention--Donna Darm, 
Assistant Regional Administrator.

FOR FURTHER INFORMATION CONTACT: Lynne Barre, NMFS Northwest Region, 
(206) 526-4745; Kristy Long, NMFS Office of Protected Resources, (301) 
427-8440.

SUPPLEMENTARY INFORMATION:

Background

    Under the MMPA, section 101(a)(5)(E) NMFS shall allow the taking of 
marine mammals from species or stocks listed as threatened or 
endangered under the ESA (16 U.S.C. 1531 et seq.) incidental to 
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 section 118 of the MMPA, and a take reduction plan has 
been developed or is being developed for such species or stock.
    On December 29, 2010, NMFS issued a 3-year permit to participants 
in Alaska groundfish fisheries under MMPA section 101(a)(5)(E) for the 
incidental taking of marine mammal stocks listed under the ESA, 
including the threatened Eastern U.S. stock of Steller sea lions (75 FR 
81972). Along with issuing the permit, NMFS made a final Negligible 
Impact Determination (NID), identified the recovery plan and described 
monitoring plans satisfying the three criteria listed above. The notice 
included a list of fisheries that have been authorized to take 
threatened or endangered species. The NID included an analysis of 
impacts from West Coast groundfish fisheries on the Eastern U.S. stock 
of Steller sea lions and with this notice, NMFS is adding West Coast 
groundfish fisheries (including CA set gill net, CA/OR/WA salmon troll, 
WA/OR/CA groundfish, bottomfish longline/set line, WA/OR North Pacific 
halibut longline/set line, CA halibut bottom trawl, WA/OR/CA shrimp 
trawl, WA/OR/CA groundfish trawl, CA coonstripe shrimp, rock crab, 
tanner crab pot or trap, and WA groundfish, bottomfish jig) to the 
previous list of fisheries published on December 29, 2010, for the 
Eastern U.S. stock of Steller sea lions.

Negligible Impact Determination

    Prior to issuing a permit to take ESA-listed marine mammals 
incidental to commercial fishing, NMFS must determine if the mortality 
and serious injury incidental to commercial fisheries will have a 
negligible impact on the affected species or stocks of marine mammals. 
The final NID (December 29, 2010; 75 FR 81972) for the Eastern U.S. 
stock of Steller sea lions is available at: http://www.alaskafisheries.noaa.gov/index/analyses/analyses.asp.
    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. This estimate considered interactions 
with all U.S. fisheries, including observer data from the WA/OR/CA 
groundfish trawl fishery. The estimated mortality and serious injury 
rate due to other human related sources is 15.1 animals per year. Based 
on the status information in the stock assessment report (Allen and 
Angliss 2010), the current level of Potential Biological Removal (PBR) 
for Eastern U.S. stock Steller sea lions is 2,378 animals. The total 
human related mortality (25.6 + 15.1) is 40.7 per year which is less 
than 10 percent of this stock's PBR (237.8 animals). Therefore, NMFS 
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 (December 29, 2010; 75 FR 81972).

Recovery Plans

    A Recovery Plan for Steller sea lions has been completed and is 
available on the Internet at the following address: http://www.nmfs.noaa.gov/pr/pdfs/recovery/stellersealion.pdf. Accordingly, the 
requirement to have recovery plans in place or being developed is 
satisfied.

Monitoring Program

    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. West Coast groundfish 
fisheries are considered Category III with respect to Steller sea lions 
and therefore, no permit or registration is required, however, reports 
of incidental mortality or injury of marine mammals are required. The 
Marine Mammal Authorization Program which provides reporting 
requirements and forms has been integrated into the state fishery 
permit programs.

Take Reduction Plans

    Subject to available funding, MMPA section 118 requires a Take 
Reduction Plan (TRP) in cases where a strategic stock interacts with a 
Category I or II fishery. The Eastern U.S. stock of Steller sea lions 
is designated as a strategic stock under the MMPA because it is listed 
as threatened under the ESA. The short-term goal of a TRP is to reduce 
mortality and serious injury of marine mammals incidental to commercial 
fishing to levels below PBR and has been realized.
    The long-term goal of a TRP is to reduce incidental mortality and 
serious injury 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. Mortality and serious injury of Steller sea 
lions, Eastern U.S. stock are at an insignificant level, approaching a 
zero mortality and

[[Page 11494]]

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 TRP is required for this stock.
    MMPA section 101(a)(5)(E) requires NMFS to publish in the Federal 
Register a list of fisheries that have been authorized to take 
threatened or endangered marine mammals. A list of such fisheries was 
published December 29, 2010 (75 FR 81972), which authorized the taking 
of certain threatened or endangered marine mammals incidental to 
commercial fishing. With issuance of this notice, NMFS adds 9 Category 
III fisheries (including CA set gill net, CA/OR/WA salmon troll, WA/OR/
CA groundfish, bottomfish longline/set line, WA/OR North Pacific 
halibut longline/set line, CA halibut bottom trawl, WA/OR/CA shrimp 
trawl, WA/OR/CA groundfish trawl, CA coonstripe shrimp, rock crab, 
tanner crab pot or trap, and WA groundfish, bottomfish jig) to this 
list for the Eastern U.S. stock of Steller sea lions (Table 1).

 Table 1--List of Fisheries Authorized To Take Threatened and Endangered
             Marine Mammals Incidental to Fishing Operations
------------------------------------------------------------------------
             Fishery                   Category      Marine mammal stock
------------------------------------------------------------------------
HI deep-set (tuna target)                        I   Humpback whale, CNP
 longline/set line.                                   stock.
Hi shallow-set (swordfish                       II   Humpback whale, CNP
 target) longline/set line.                           stock.
AK Bering Sea/Aleutian Islands                  II   Steller sea lion,
 flatfish trawl.                                      Western stock.
AK Bering Sea/Aleutian Island                   II   Fin whale, NEP
 pollock trawl.                                       stock; Steller sea
                                                      lion, Western
                                                      stock.
AK Bering Sea sablefish pot.....                II   Humpback whale, WNP
                                                      stock; Humpback
                                                      whale, CNP stock.
AK Bering Sea/Aleutian Islands                  II   Steller sea lion,
 Pacific cod longline fisheries.                      Western stock.
AK miscellaneous finfish set                   III   Steller sea lion,
 gillnet.                                             Western stock.
AK Gulf of Alaska sablefish                    III   Sperm whale, NP;
 longline.                                            Steller sea lion,
                                                      Eastern stock.
AK halibut longline/set line                   III   Steller sea lion,
 (State and Federal waters).                          Western stock.
AK Bering Sea/Aleutian Islands                 III   Steller sea lion,
 Atka mackerel trawl.                                 Western stock.
AK Bering Sea/Aleutian Islands                 III   Steller sea lion,
 Pacific cod trawl.                                   Western stock.
AK Gulf of Alaska Pacific cod                  III   Steller sea lion,
 trawl.                                               Western stock.
AK Gulf of Alaska pollock trawl.               III   Fin whale, NEP
                                                      stock; Steller sea
                                                      lion, Western
                                                      stock.
CA set gill net.................               III   None documented.
CA/OR/WA salmon troll...........               III   None documented.
WA/OR/CA groundfish, bottomfish                III   None documented.
 longline/set line.
WA/OR North Pacific halibut                    III   None documented.
 longline/set line.
CA halibut bottom trawl.........               III   None documented.
WA/OR/CA shrimp trawl...........               III   None documented.
WA/OR/CA groundfish trawl.......               III   Steller sea lion,
                                                      Eastern stock.
CA coonstripe shrimp, rock crab,               III   None documented.
 tanner crab pot or trap.
WA groundfish, bottomfish jig...               III   None documented.
------------------------------------------------------------------------


    Dated: February 17, 2012.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2012-4513 Filed 2-24-12; 8:45 am]
BILLING CODE 3510-22-P