[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3856-3859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01271]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES- 2012-0081;FF04EF1000 FGES11130400000 134]


Marine Mammal Protection Act; Stock Assessment Reports

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of final revised marine mammal stock 
assessment reports; response to comments.

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SUMMARY: In accordance with the Marine Mammal Protection Act of 1972, 
as amended (MMPA), and its implementing regulations, we, the U.S. Fish 
and Wildlife Service (Service), announce that we have revised our stock 
assessment reports (SAR) for two West Indian manatee stocks: the 
Florida manatee stock and the Puerto Rico stock of Antillean manatees 
(Trichechus manatus latirostris and Trichechus manatus manatus, 
respectively), including incorporation of public comments. We now make 
these two final revised SARs available to the public.

ADDRESSES: You may view both revised SARs on http://www.regulations.gov 
under Docket No. FWS-R4-ES-2012-0081. Send requests for printed copies 
of the Florida Manatee SAR to: Field Supervisor, U.S. Fish and Wildlife 
Service, Jacksonville Field Office, 7915 Baymeadows Way, Suite 200, 
Jacksonville, Florida 32256-7517. You may also view or download it at 
http://www.fws.gov/northflorida. Send requests for printed copies of 
the Antillean Manatee SAR to: Field Supervisor, U.S. Fish and Wildlife 
Service, Caribbean Ecological Services Office, P.O. Box 491, Puerto 
Rico 00622. You may also view or download it at http://www.fws.gov/caribbean/ES.

FOR FURTHER INFORMATION CONTACT: For information on the methods, data, 
and results of the Florida manatee stock assessment, contact Jim Valade 
by phone at 904-731-3116 or by email at [email protected]. For 
information on the methods, data, and results of the Antillean manatee 
stock assessment, contact Marelisa Rivera by phone at 787-851-7297 or 
by email at [email protected]. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Under the MMPA (16 U.S.C. 1361 et seq.) and its implementing 
regulations in the Code of Federal Regulations (CFR) at 50 CFR part 18, 
the Service regulates the taking, possession, transportation, 
purchasing, selling, offering for sale, exporting, and importing of 
marine mammals. One of the goals of the MMPA is to ensure that stocks 
of marine mammals occurring in waters under U.S. jurisdiction do not 
experience a level of human-caused mortality and serious injury that is 
likely to cause the stock to be reduced below its optimum sustainable 
population (OSP) level. OSP is defined under the MMPA as '' . . . the 
number

[[Page 3857]]

of animals which will result in the maximum productivity of the 
population or the species, keeping in mind the carrying capacity of the 
habitat and the health of the ecosystem of which they form a 
constituent element'' (16 U.S.C. 1362(9)).
    To help accomplish the goal of maintaining marine mammal stocks at 
their OSPs, section 117 of the MMPA requires the Service and the 
National Marine Fisheries Service (NMFS) to prepare a SAR for each 
marine mammal stock that occurs in waters under U.S. jurisdiction. Each 
SAR must include:
    1. A description of the stock and its geographic range;
    2. A minimum population estimate, maximum net productivity rate, 
and current population trend;
    3. An estimate of human-caused mortality and serious injury;
    4. A description of commercial fishery interactions;
    5. A categorization of the status of the stock; and
    6. An estimate of the potential biological removal (PBR) level.
    The MMPA defines the PBR 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 OSP'' (16 
U.S.C. 1362(20)). The PBR is the product of the minimum population 
estimate of the stock (Nmin); one-half the maximum 
theoretical or estimated net productivity rate of the stock at a small 
population size (Rmax); and a recovery factor 
(Fr) of between 0.1 and 1.0. This can be written as:

    PBR = (Nmin)(\1/2\ of the 
Rmax)(Fr)

    Section 117 of the MMPA also requires the Service and NMFS to 
review the SARs: (a) At least annually for stocks that are specified as 
strategic stocks; (b) at least annually for stocks for which 
significant new information is available; and (c) at least once every 3 
years for all other stocks. If our review of the status of a stock 
indicates that it has changed or may be more accurately determined, 
then the SAR must be revised accordingly.
    A strategic stock is defined in the MMPA as a marine mammal stock 
(a) for which the level of direct human-caused mortality exceeds the 
PBR; (b) which, based on the best available scientific information, is 
declining and is likely to be listed as a threatened species under the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) 
[the ``ESA''], within the foreseeable future; or (c) which is listed as 
a threatened species or endangered species under the [ESA], or is 
designated as depleted under [the MMPA]'' 16 U.S.C. 1362(19).
    SARs for both the Puerto Rico stock of Antillean manatees and the 
Florida manatee were last revised in December of 2009. Both are 
classified as strategic stocks by virtue of their listing as an 
endangered species under the ESA. The Service reviewed the SARs in 2010 
and concluded that a revision of these SARs was not warranted at that 
time because the status of these stocks had not changed since 2009, nor 
could they be more accurately determined. Upon subsequent review in 
2011, the Service determined that revision was warranted for both 
stocks in light of recent elevated Florida manatee mortality levels 
that could affect the status of this stock and the development of new 
methods that could more accurately determine the number of Antillean 
manatees in Puerto Rico. Before releasing our draft SARs for public 
review and comment, we reviewed the drafts with the Atlantic Scientific 
Review Group and submitted them for an internal technical review.
    In a March 28, 2013 (78 FR 19002) Federal Register notice, we made 
our draft SARs available for the MMPA-required 90-day public review and 
comment period. We reviewed all comments received for substantive 
issues and new information and revised the final SARs as necessary (see 
Response to Public Comments). Between publication of the draft and 
final revised SARs, we have not revised the status of the stocks 
itself. However, we have updated the SARs to include the most recent 
information available.
    The following table summarizes the information we are now making 
available in the final revised SARs for both stocks of the West Indian 
manatees, which lists the stock's Nmin, Rmax, 
Fr, PBR, annual estimated human-caused mortality and serious 
injury, and status.

                                      Final Revised Stock Assessment Reports for Stocks of the West Indian Manatee
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                                                                                                                Annual
                                                                                                               estimated
      Stocks of  West Indian Manatees            Nmin            Rmax             Fr              PBR       average human-          Stock status
                                                                                                                caused
                                                                                                               mortality
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Florida manatee (Southeastern U.S.).......           4,834           0.062             0.1              14              99  Strategic.
Antillean manatee (Puerto Rico)...........             142            0.04             0.1               0               1  Strategic.
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Response to Public Comments

Manatee Stock Assessments

    We received three comment submissions on the draft revised SARs (78 
FR 19002). Commenters included the Atlantic Scientific Review Group, 
the Marine Mammal Commission, and the Humane Society of the United 
States. We present substantive issues raised in those comments, along 
with our responses, below.
    (1) Comment: A commenter stated that the Service failed to review 
and revise its manatee stock assessment reports (SARs) since 2009, 
consistent with its responsibilities under the MMPA, i.e., 16 U.S.C. 
1386 117(c)(1)(A).
    Our Response: Consistent with its responsibilities under section 
117(c)(1)(A) of the MMPA, the Service reviewed both manatee SARs in 
2010 and 2011. As stated in the Service's March 28, 2013 Notice of 
Availability, and reiterated above, the Service reviewed the SARs in 
2010 and concluded there was no new information indicative of a change 
in the status of these stocks nor was there any information to suggest 
that the status of these stocks could be more accurately determined 
and, therefore, revision was not warranted at that time. However, upon 
review in 2011, the Service concluded revision was warranted for both 
stocks in light of elevated Florida manatee mortality levels and new 
methods that could more accurately determine the number of Antillean 
manatees in Puerto Rico and began the revision process.
    The Service's obligation to revise a SAR is contingent upon whether 
or not a review indicates that the status of the stock has changed or 
can be more accurately determined. If a review indicates that the 
status of a stock has changed or can be more accurately determined, the 
Service revises the SAR in accordance with section 117(b), which 
includes a public review and comment period. However, section

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117(c)(1) does not include a similar requirement of public notice and 
comment on the Service's review of stock assessments. In view of this, 
we acknowledge the public may not be aware of the results of the 
Service's review of stock assessments. Therefore, although not required 
under the MMPA, we will update our Web pages at http://www.fws.gov/northflorida for the Florida stock and at http://www.fws.gov/caribbean/ES for the Puerto Rico stock to inform the public of the results of our 
annual review of these strategic stocks.
    (2) Comment: Commenters recommended that the Service consistently 
describe the listed entity, i.e., the West Indian manatee, at the 
beginning of both SARs and then segue to the particular subspecies in 
each of the SARs.
    Our Response: We have revised both SARs to clarify the listing and 
subspecies.
    (3) Comment: We received comments encouraging continued and 
expanded research efforts such as examining manatee survival rates, 
genetics, ecological drivers, etc.
    Our Response: Although these comments are outside the scope of 
review for these SARs, the Service appreciated this input and will 
continue to work with partners (e.g., U.S. Geological Survey, Florida 
Fish and Wildlife Research Institute, Puerto Rico Department of Natural 
and Environmental Resources, universities, aquaria, etc.) to collect 
important information on manatees and their environment.

Florida Manatee Stock Assessment

    (4) Comment: Commenters stated that the identification of four 
stocks would facilitate management efforts because SARs, developed for 
each management unit, could more accurately identify unit-specific 
threats and, therefore, better promote recovery within the management 
units.
    Our Response: Current and previous Florida manatee management 
activities have relied on the use of a state-of-the-art core biological 
model (CBM) to assess manatee population status and threats to the 
population as a whole and to assess status and threats in each of the 
four management units. Service and State manatee management efforts 
rely on the CBM for information on threats and consequently target 
identified threat levels through management activities described in 
respective recovery and management plans. The use of recovery plans to 
address threats is prescribed by the ESA and has been used effectively 
by the Service and other resource agencies for over 30 years. As such, 
specific management actions targeted to achieving the ``conservation 
and survival'' of the West Indian manatee are appropriately described 
in the recovery plan for this species issued under section 4(f) of the 
ESA.
    In addition, section 117 of the MMPA requires the Service to 
prepare an assessment for each marine mammal ``stock,'' and the term 
``stock'' is defined under section 3(11) of the MMPA as ``a group of 
marine mammals of the same species or smaller taxa in a common spatial 
arrangement, that interbreed when mature.'' Thus, although the SAR has 
been revised to include a discussion describing the four management 
units identified within Florida, the Service recognizes the Florida 
manatee population as a single ``stock'' within the meaning of that 
term as defined under the MMPA.
    (5) Comment: Commenters asked that the Service include the 2012 
Florida manatee deaths in the Florida manatee SAR.
    Our Response: We have revised the Florida manatee SAR to include 
the 2012 Florida manatee deaths.
    (6) Comment: A commenter suggested the Florida manatee SAR include 
a table showing annual death totals by year and region along with cause 
of death and a chart listing declared unusual mortality events (UMEs) 
and number of deaths.
    Our Response: The SAR includes a table that provides annual death 
totals and causes for the Florida stock. A more detailed listing of 
annual deaths by County in Florida can be found on the Florida Fish and 
Wildlife Conservation Commission's (FWC) Web site (http://www.myfwc.com/research/manatee/rescue-mortality-response/mortality-statistics/). Rather than duplicate these tables, the Service directs 
interested parties to the FWC Web site. This link is provided in the 
SAR in the list of references. With regard to UMEs, NMFS maintains a 
running list of all UMEs on its ``Marine Mammal Unusual Mortality 
Events'' Web site (http//www.nmfs.noaa.gov/pr/health/mmume), which 
includes those declared for manatees. Although mortality events are 
discussed in the Florida manatee SAR, the Service does not believe it 
is necessary to duplicate the list of manatee UMEs in the revised SAR.
    (7) Comment: A commenter recommended additional citations for 
consideration in the Florida manatee SAR in addition to a few specific 
editorial recommendations for both SARs.
    Response: The Service appreciates these recommendations and has 
incorporated them into the final SARs. The additional citations 
referenced have been added to the complete list of scientific 
literature, which is available on the Federal eRulemaking portal 
(http://www.regulations.gov) under Docket No. FWS-R4-ES-2012-0081.

Antillean Manatee Stock Assessment

    (8) Comment: The Antillean manatee SAR should include a map of the 
Antillean subspecies range as a whole, as well as a map that identifies 
key locations referenced in the text.
    Our Response: We have revised the SAR for the Puerto Rico stock of 
Antillean manatees to include a map that references coastal 
municipalities and offshore islands mentioned in the SAR. Since this 
SAR is specific to the Puerto Rico stock, we believe the overall range 
of the Antillean manatee is appropriately described in the text.
    (9) Comment: Tables 1 and 2 in the Antillean manatee SAR do not 
include data for the same time periods. Can they be modified to reflect 
the same periods?
    Our Response: We have revised the SAR for the Puerto Rico stock of 
Antillean manatees to reflect the same periods.

References

    In accordance with section 117(b)(1) of the MMPA, we include in 
this notice a list of the sources of information or published reports 
upon which we based the revised SAR. The Service consulted technical 
reports, conference proceedings, refereed journal publications, and 
scientific studies prepared or issued by Federal agencies, 
nongovernmental organizations, and individuals with expertise in the 
fields of marine mammal biology and ecology, population dynamics, 
modeling, and commercial fishing practices.
    These agencies and organizations include: the Service, the U.S. 
Geological Survey, the National Oceanic and Atmospheric Administration, 
the Puerto Rico Department of Natural and Environmental Resources, the 
Georgia Department of Natural Resources, the Florida Fish and Wildlife 
Conservation Commission, Hubbs Sea World Research Institute, the Gulf 
and Caribbean Fisheries Institute, the Caribbean Stranding Network, and 
Mote Marine Laboratory. In addition, the Service consulted publications 
such as the Journal of Wildlife Management, Marine Mammal Science, 
Marine Pollution Bulletin, Marine Technology Society Journal, Wildlife 
Monographs, Gulf and Caribbean Research, Journal of Zoo and Wildlife 
Medicine, Molecular Ecology, and Molecular Ecology Notes, as well as 
other refereed journal literature,

[[Page 3859]]

technical reports, and data sources in the development of these SARs.
    A complete list of citations to the scientific literature relied on 
for each of these SARs is available on the Federal eRulemaking portal 
(http://www.regulations.gov) under Docket No. FWS-R4-ES-2012-0081. The 
list can also be viewed in Adobe Acrobat format at http://www.fws.gov/northflorida or at http://www.fws.gov/caribbean/es/manatee.

Authority

    The authority for this action is the Marine Mammal Protection Act 
of 1972, as amended (16 U.S.C. 1361 et seq.).

    Dated: January 10, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-01271 Filed 1-22-14; 8:45 am]
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