[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Pages 33726-33731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13683]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD269


Taking of Threatened or Endangered Marine Mammals Incidental to 
Commercial Fishing Operations; Issuance of Permit

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS plans to issue a permit for a period of three years to 
authorize the incidental, but not intentional, taking of three stocks 
of marine mammals listed as threatened or endangered under the 
Endangered Species Act (ESA) by the Hawaii deep-set and shallow-set 
longline fisheries. In accordance with the Marine Mammal Protection Act 
(MMPA), NMFS must issue this permit provided that it can make the 
determinations that: The incidental take will have a negligible impact 
on the affected stocks; a recovery plan for all affected stocks of 
threatened or endangered marine mammals has been developed or is being 
developed; and as required by the MMPA, a take reduction plan and 
monitoring program have been implemented and vessels in the Hawaii 
deep-set and shallow-set longline fisheries are registered. NMFS has 
made a preliminary determination that incidental taking from commercial 
fishing will have a negligible impact on the endangered humpback whale, 
Central North Pacific (CNP) stock; sperm whale, Hawaii stock; and false 
killer whale, Main Hawaiian Islands (MHI) insular stock. Recovery plans 
have been completed for humpback and sperm whales, and a recovery plan 
has been initiated for MHI insular false killer whales. NMFS solicits 
public comments on the draft negligible impact determination and on the 
proposal to issue a permit to vessels that operate in these fisheries 
for the taking of affected endangered stocks of marine mammals.

DATES: Comments must be received by July 14, 2014.

ADDRESSES: The draft Negligible Impact Determination and list of 
references contained in this notice are available in electronic form 
via the Internet at: http://www.fpir.noaa.gov/DIR/dir_public_documents.html.
    You may submit comments, identified by NOAA-NMFS-2014-0052, by any 
of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the

[[Page 33727]]

Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0052, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Send comments or requests to: Alecia VanAtta, Assistant 
Regional Administrator, Protected Resources Division, Pacific Islands 
Region, 1845 Wasp Blvd., Building 176; Honolulu, HI 96818. Comments may 
also be faxed to (808) 973-2941.
    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 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Dawn Golden, NMFS Pacific Islands 
Region, (808) 725-5144, or Shannon Bettridge, NMFS Office of Protected 
Resources, (301) 427-8402.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(E) of the Marine Mammal Protection Act (MMPA), 16 
U.S.C. 1361 et seq., states that NOAA's National Marine Fisheries 
Service (NMFS), as delegated by the Secretary of Commerce, shall for a 
period of up to three years allow the incidental taking of marine 
mammal species listed under the Endangered Species Act (ESA), 16 U.S.C. 
1531 et seq., by persons using vessels of the United States and those 
vessels which have valid fishing permits issued by the Secretary in 
accordance with section 204(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1824(b), while engaging in 
commercial fishing operations, if NMFS makes certain determinations. 
NMFS must determine, after notice and opportunity for public comment, 
that: (1) Incidental mortality and serious injury (M&SI) 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.
    NMFS is considering the issuance of a permit under MMPA section 
101(a)(5)(E) to vessels registered in the Hawaii deep-set longline 
fishery to incidentally take individuals from three stocks of 
threatened or endangered marine mammals: The Central North Pacific 
(CNP) stock of humpback whales (Megaptera novaeangliae), the Hawaii 
stock of sperm whales (Physeter macrocephalus), and the MHI insular 
stock of false killer whales (Pseudorca crassidens); and to vessels 
registered in the Hawaii shallow-set longline fishery to incidentally 
take individuals from the CNP stock of humpback whales. The data for 
considering these authorizations were reviewed coincident with the 
preparation of the 2014 MMPA List of Fisheries (LOF or List) (79 FR 
14418, March 14, 2014), the 2013 marine mammal draft stock assessment 
reports (SARs) (Carretta et al. 2013; Allen and Angliss 2013), recovery 
plans for humpback and sperm whales, the False Killer Whale Take 
Reduction Plan, and other relevant sources.
    The vessels operating in the Hawaii deep-set and the shallow-set 
longline fisheries are in the ranges of affected stocks and are 
currently considered for authorization. A detailed description of these 
fisheries can be found below. The Hawaii deep-set longline fishery is 
the only Category I fishery operating around Hawaii. The Hawaii 
shallow-set longline fishery is a Category II fishery; all other 
Category II fisheries that may interact with the marine mammal stocks 
observed off the coast of Hawaii are State-managed and are not 
considered for authorization under this permit. 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.

Basis for Determining Negligible Impact

    As described above, prior to issuing a permit to take ESA-listed 
marine mammals incidental to commercial fishing, NMFS must determine if 
M&SI incidental to commercial fisheries will have a negligible impact 
on the affected species or stocks of marine mammals. NMFS satisfies 
this requirement through completion of a negligible impact 
determination (NID). NMFS clarifies that incidental M&SI from 
commercial fisheries includes M&SI from entanglement or hooking in 
fishing gear. Indirect effects, such as the effects of removing prey 
from habitat, are not included in this analysis. A biological 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,'' as defined in 50 CFR 216.103 and, through scientific 
analysis, peer review, and public notice, developed a quantitative 
approach and, as it applies 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.'' 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. 72 FR 60814; October 26, 
2010; for the CNP stock of humpback whales).

Criteria for Determining Negligible Impact

    In 1999 NMFS adopted criteria for making negligible impact 
determinations for MMPA 101(a)(5)(E) permits (64 FR 28800; May 27, 
1999). In applying the 1999 criteria to determine whether M&SI 
incidental to commercial fisheries will have a negligible impact on a 
listed marine mammal stock, Criterion 1 (total human-related M&SI is 
less than 10% of the potential biological removal level (PBR)) is the 
starting point for analysis. If this criterion is satisfied (i.e., 
total human-related M&SI is less than 10% of PBR), the analysis would 
be concluded, and the impact would be determined to be negligible. If 
Criterion 1 is not satisfied, NMFS may use one of the other criteria as 
appropriate. The remaining criteria describe alternatives under certain 
conditions. Criterion 2 is satisfied if the total human-related M&SI is 
greater than PBR, but fisheries-related M&SI is less than 10% of PBR. 
If Criterion 2 is satisfied, vessels operating in individual fisheries 
may be permitted if management measures are being taken to address non-
fisheries-related M&SI. Criterion 3 is satisfied if total fisheries-
related M&SI is greater than 10% of PBR and less than PBR, and the 
population is stable or increasing. Fisheries may then be permitted 
subject to individual

[[Page 33728]]

review and certainty of data. Criterion 4 stipulates that if the 
population abundance of a stock is declining, the threshold level of 
10% of PBR will continue to be used. Criterion 5 states that if total 
fisheries-related serious injuries and mortalities are greater than 
PBR, permits may not be issued for that species or stock.
    The time frame for this analysis includes the most recent 5-year 
period for which available data have been processed (January 1, 2007 
through December 31, 2011). The NMFS Guidelines for the Assessment of 
Marine Mammal Stocks (GAMMS) and the subsequent GAMMS II provide 
guidance that, when available, the most recent 5-year time frame of 
commercial fishery incidental M&SI data is an appropriate measure of 
the effects of fishing operations on marine mammals (Wade and Angliss 
1997). A 5-year time frame provides enough data to adequately capture 
year-to-year variations in take levels, while reflecting current 
environmental and fishing conditions, as they may change over time. 
Additionally, because the permit issued under MMPA section 101(a)(5)(E) 
is for a three-year period, the most up-to-date data available for 
complete years are used (i.e., 2007-2011).

Negligible Impact Determinations

    The draft NID made available through this notice provides a 
complete analysis of the criteria for determining whether commercial 
fisheries off Hawaii are having a negligible impact on the stocks of 
humpback whales, sperm whales, and MHI insular false killer whales. A 
summary of the analysis and subsequent negligible impact determinations 
follows.

Criterion 1 Analysis

    Criterion 1 would be satisfied if the total human-related M&SI is 
less than 10% of PBR. The 5-year (2007-2011) annual average M&SI to the 
Hawaii stock of sperm whales from all human-caused sources is 0.7 
animals, which is 6.89% of this stock's PBR of 10.2 (i.e., below the 
10% of PBR [1.02] threshold). Since the beginning of the NMFS Hawaii 
longline observer program in 1995, no deaths of sperm whales have been 
attributed to the Hawaii deep-set or shallow-set longline fishery. 
However, in 2011 a sperm whale was reported seriously injured (prorated 
as 0.75 serious injury) after interacting with the Hawaii deep-set 
longline fishery. Two other interactions with sperm whales in 1999 and 
2002 were considered non-serious injuries. Based on this low likelihood 
of interactions, considered together with the lack of impacts of other 
commercial fisheries and other human-caused impacts, Criterion 1 has 
been met. Therefore, NMFS determines that M&SI incidental to commercial 
fisheries will have a negligible impact on the Hawaii stock of sperm 
whales.
    The 5-year (2007-2011) annual average M&SI to the CNP stock of 
humpback whales from all human-caused sources is 16.20 animals, which 
is 26.74% of this stock's PBR of 61.2 (i.e., above the 10% of PBR [6.1 
animals] threshold). The total annual human-related M&SI for this stock 
of humpback whales is not less than 10% of PBR for the time frame 
considered.
    The 5-year (2007-2011) annual average M&SI of the MHI insular false 
killer whale stock from all human-caused sources is estimated to be 0.1 
animals, which is 33.3% of this stock's PBR of 0.3 (i.e., above the 10% 
of PBR [0.03] threshold). The total annual human-related M&SI for this 
stock of humpback whales is not less than 10% of PBR for the time frame 
considered.
    Criterion 1 was not satisfied for the CNP humpback and MHI insular 
false killer whales because the total annual human-related M&SI for 
these two stocks is not less than 10% of PBR for each stock for the 
time frame considered. As a result, other criteria must be examined for 
the CNP humpback and MHI insular false killer whale stocks.

Criterion 2 Analysis

    Criterion 2 would be satisfied if the total human-related M&SI is 
greater than PBR, but fisheries-related M&SI is less than 10% of PBR. 
This criterion was not satisfied for either the CNP humpback or the MHI 
insular false killer whale because while total human-related M&SI 
(detailed above) is less than PBR for each stock, and total fisheries-
related M&SI (detailed below) is greater than 10% PBR for each stock 
for the time frame analyzed.

Criterion 3 Analysis

    Unlike Criteria 1 and 2, which examine total human-caused M&SI 
relative to PBR, Criterion 3 compares total fisheries-related M&SI to 
PBR. Criterion 3 would be satisfied if the total commercial fisheries-
related M&SI (including state and federal fisheries) is greater than 
10% of PBR and less than PBR for each stock for the time frame 
considered, and the populations of these stocks are considered to be 
stable or increasing. If the Criterion is met, vessels may be permitted 
subject to individual review and certainty of data.
    The total fishery-related M&SI from all commercial fisheries for 
the CNP humpback stock is estimated at 9.35 animals, or 15.3% of the 
PBR (of 61.2) for the 5-year average from 2007-2011. This is greater 
than 10% of PBR (6.1 animals) and less than PBR (61.2 animals). The CNP 
humpback whale stock has a minimum population size of 7,469 and is 
estimated to be growing at a rate of up to 7% per year. A total of 0.75 
humpback whales were observed, estimated, or assumed to have been 
either killed or seriously injured in the two fisheries considered in 
this authorization during the 2007-2011 time period. Accordingly, 
Criterion 3 is satisfied for the time frame analyzed (2007-2011). 
Therefore, we determine that M&SI of the CNP humpback whale stock 
incidental to commercial fishing is having a negligible impact on the 
stock because of individual review of data regarding the stock, 
including increased growth rate of the stock, limited increases in M&SI 
due to the relevant fisheries, and the level of human-caused M&SI is 
below the estimated PBR.
    The MHI insular stock of false killer whales meets the initial 
conditions of Criterion 3. Total commercial fisheries-related M&SI (0.1 
animals per year) is greater than 10% of PBR (0.03 animals) and less 
than PBR (0.3 animals) for the 2007-2011 time period. Although there 
are some uncertainties in information regarding MHI insular false 
killer whales, such as abundance, M&SI estimates, and population trend, 
the best available information indicates that estimated levels of all 
human-caused M&SI as well as fisheries-related M&SI are both below the 
stock's PBR level. Below we summarize the uncertainties related to the 
MHI insular false killer whales M&SI estimate and the population trend.
    NMFS considers three stocks of false killer whales (Hawaii pelagic, 
MHI insular, and Northwestern Hawaiian Islands stocks) to be at risk of 
interacting with Hawaii longline gear. For the Hawaii longline 
fisheries considered in this analysis, no MHI insular false killer 
whale deaths have been observed since the NMFS Hawaii longline observer 
program began in 1995. From 2004-2012, observers recorded three false 
killer whale interactions in the deep-set longline fishery and no false 
killer whale interactions in the shallow-set longline fishery in the 
MHI insular false killer whale range. In the deep-set longline fishery, 
observers also recorded three interactions with unidentified blackfish, 
which are unidentified cetaceans known to be either a false killer 
whale or a short-finned pilot whale. Genetic sampling and photo 
identification are currently the only ways to distinguish

[[Page 33729]]

MHI insular false killer whales from the other stocks, and these data 
were not collected from the animals involved in these interactions. 
When the stock identity of a false killer whale hooked or entangled by 
the longline fisheries within the overlap zone cannot be determined, 
NMFS prorates the interaction to either the pelagic or MHI insular 
stock using a model that assumes densities of MHI insular stock animals 
decline and pelagic stock densities increase with increasing distance 
from shore (McCracken 2010).
    Based on an analysis conducted for this NID, including the 
expansion from observed interactions to an estimate of fleet-wide 
interactions based on the fishery's total effort and the proration of 
blackfish and false killer whales of unknown stock identity (MHI 
insular versus pelagic), we estimate that a total of 8.73 interactions 
occurred with MHI insular false killer whales in the deep-set longline 
fishery from 2004-2012, including both serious and non-serious 
injuries. This is a conservative estimate that potentially 
overestimates the fishery's actual impact on MHI insular false killer 
whales. The proration model does not account for the Northwestern 
Hawaiian Islands false killer whale stock that was identified in 2011. 
For example, in 2012 two observed false killer whale interactions 
occurred in the area where all three Hawaiian false killer whales 
stocks overlap, but at this time they can only be attributed (prorated) 
to the pelagic or MHI insular stocks. In addition, earlier interaction 
estimates are based on a much smaller abundance estimate for the 
pelagic false killer whale stock.
    MHI insular false killer whales are believed to have declined 
markedly during the 1990s, although their current population trajectory 
is unknown (Oleson et al. 2010). However, it is anticipated that the 
longline fishery's impacts, which were a historical threat to this 
population, have been or will be further reduced through the recently 
implemented False Killer Whale Take Reduction Plan (FKWTRP) measures 
(Carretta et al. 2013). NMFS published the FKWTRP on November 29, 2012 
(77 FR 71260) to reduce the M&SI of Hawaii pelagic and MHI insular 
false killer whales in Hawaii's longline fisheries. The FKWTRP includes 
regulatory and non-regulatory measures, including: the required use of 
weak circle hooks, a minimum diameter for monofilament leaders and 
branch lines, extension of the Main Hawaiian Islands Longline Fishing 
Prohibited Area, annual training in mitigation techniques, 
establishment of a Southern Exclusion Zone and triggers for closure, 
and monitoring and reporting requirements.
    Most of the FKWTRP's regulations went into effect on December 31, 
2012, but gear requirements for the deep-set longline fishery went into 
effect on February 27, 2013. The measures have been in place for just 
over a year, and their effectiveness has not yet been fully evaluated. 
However, a model developed for this NID predicts that future annual 
M&SI for the MHI insular false killer whales will remain below the 
stock's PBR level, based on expected levels of longline fishing effort 
(McCracken 2014).
    NMFS anticipates that continued implementation of the FKWTRP 
regulations will ensure that reduced rates of fisheries-related M&SI of 
MHI insular false killer whales are maintained in the deep-set longline 
fishery. Monitoring and reporting requirements under the FKWTRP will 
provide NMFS the information necessary to prevent and respond to any 
unexpected impacts. Based on the low likelihood of interactions, along 
with reliable rates of observer coverage in both the shallow- and deep-
set longline fisheries, considered together with other human-caused 
impacts, NMFS concludes that Criterion 3 has been met. Therefore, NMFS 
determines that M&SI incidental to commercial fisheries will have a 
negligible impact on the MHI insular stock of false killer whales.
    In conclusion, based on the criteria outlined in 1999 (64 FR 
28800), the 2013 draft Alaska and Pacific SARs (Allen and Angliss 2013; 
Carretta et al. 2013), and the best scientific information and data 
available, NMFS has determined that for a period of up to three years, 
M&SI incidental to the Hawaii deep-set longline fishery and Hawaii 
shallow-set longline fishery will have a negligible impact on the CNP 
stock of humpback whales, the Hawaii stock of sperm whales, and the MHI 
insular stock of false killer whales. Therefore, vessels operating in 
these identified commercial fisheries within the range of the CNP 
humpback, Hawaii sperm whale, and MHI insular stocks may be permitted 
subject to their individual review and the certainty of relevant data, 
and provided that the other provisions of section 101(a)(5)(E) are met.

Description of Fisheries

    The following are the Federally-authorized fisheries classified as 
Category I and II in the 2014 LOF (NMFS 2014), which are known to 
seriously injure or kill ESA-listed marine mammals incidental to 
commercial fishing operations. Detailed descriptions of those fisheries 
can be found in the Final Biological Opinion on the continued operation 
of the Shallow-set Longline Swordfish fishery, dated January 30, 2012 
(NMFS 2012a); the draft SARs (Carretta et al. 2013, Allen and Angliss 
2013); and the draft NID.
    In accordance with MMPA section 118(c), only those vessels in the 
Hawaii deep-set and shallow-set longline fisheries that have registered 
for a Marine Mammal Authorization Permit are authorized to take marine 
mammals incidental to their fishing operations. Vessels holding this 
permit must comply with the FKWTRP and implementing regulations. The 
longline fisheries are limited access fisheries, with 164 transferable 
permits of which approximately 130 are currently active. Vessels active 
in these fisheries are limited to 101 ft in length. Hawaii-based 
longline vessels vary their fishing grounds depending on their target 
species. Most effort is to the north and south of the Hawaiian Islands 
between the equator and 40[deg] N and longitudes 140[deg] and 180[deg] 
W; however, the majority of deep-set fishing occurs south of 20[deg] N 
and the majority of shallow-set fishing occurs north of 20[deg] N. The 
number of active vessels in the combined Hawaii-based deep-set and 
shallow-set longline fishery increased dramatically in the late 1980s 
and peaked at 141 vessels in 1991. The number of vessels in the 
combined longline fisheries has since ranged from 101 to 130. In 2011, 
129 Hawaii-based longline vessels were active in the deep-set longline 
fishery. The deep-set longline fishery operates year-round, although 
vessel activity increases during the fall and is greatest during the 
winter and spring months. The annual number of trips for the Hawaii-
based longline fisheries has remained relatively stable, but there was 
a shift from mixed-target and swordfish-target trips to tuna-target 
trips from the early 1990s up to 2002. In the years 2000-2003, this 
shift reflected the regulatory closure of the shallow-set and mixed-
target fisheries. In 2004, the shallow-set longline fishery was 
reopened but participation was limited to only six trips. In 2011, 
there were 1,388 combined longline trips (1,306 deep-set and 182 
shallow-set), which resulted in a combined total of 18,623 sets (17,155 
deep-set and 1,468 shallow-set). Effort in the combined longline 
fishery, measured by the number of hooks set, has ranged from 
approximately 39 to 42 million hooks per year from 2007-2011.

[[Page 33730]]

Conclusions for Proposed Permit

    Based on the above assessment and as described in the accompanying 
draft NID, NMFS concludes that the incidental M&SI from the Hawaii 
deep-set and shallow-set fisheries will have a negligible impact on the 
CNP stock of humpback whales, the Hawaii stock of sperm whales, and the 
MHI insular stock of false killer whales. The National Environmental 
Policy Act (NEPA) requires Federal agencies to evaluate the impacts of 
alternatives for their actions on the human environment. The impacts on 
the human environment of continuing the Hawaii deep-set and shallow-set 
longline fisheries, including the taking of threatened and endangered 
species of marine mammals, were analyzed in the Regulatory Amendment to 
the Western Pacific Pelagic Fishery Ecosystem Plan: Revised Swordfish 
Trip Limits in the Hawaii Deep-set Longline Fishery to Reduce 
Regulatory Discards with an EA (NMFS and WPFMC 2012); the False Killer 
Whale Take Reduction Plan EA (NMFS 2012b); Amendment 18 to the Pelagics 
FMP and Final SEIS (NMFS and WPFMC 2009); Draft Amendment 7 to the 
Pelagics FEP and draft EA (NMFS 2013b), and in the Final Biological 
Opinion prepared for the Hawaii shallow-set longline fishery (NMFS 
2012a) and the draft Biological Opinion for the Hawaii deep-set 
longline fishery, currently in preparation, pursuant to the ESA. NMFS 
has prepared a record of environmental consideration which concludes 
that because this proposed permit would not modify any fishery 
operation and the effects of the fishery operations have been evaluated 
fully in accordance with NEPA, no additional NEPA analysis is required 
for this permit. 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.

Recovery Plans

    Recovery Plans for humpback whales and sperm whales have been 
completed (see http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals). 
A Recovery Plan has been initiated for the MHI insular false killer 
whale (78 FR 60850 October 2, 2013). Accordingly, the requirement to 
have recovery plans in place or being developed is satisfied.

Vessel Registration

    MMPA section 118(c) requires that vessels participating in Category 
I and II fisheries register to obtain an authorization to take marine 
mammals incidental to fishing activities. Further, 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. Registration for the Hawaii longline fisheries has 
been integrated into the existing permit process, and all permitted 
participants in the Hawaii deep-set and shallow-set longline fisheries 
are issued annual Marine Mammal Authorization Program certificates with 
their new or renewed permits. Therefore, vessel registration for an 
MMPA authorization is integrated through those programs in accordance 
with MMPA section 118.

Monitoring Program

    The Hawaii longline fisheries have been observed by NMFS observers 
since the mid-1990s. Levels of observer coverage vary over time but are 
adequate to produce reliable estimates of M&SI of ESA-listed species. 
From 2002-2013, observer coverage was greater than 20% in the deep-set 
longline fishery and has been 100% in the shallow-set longline fishery 
since 2004. Accordingly, as required by MMPA section 118, a monitoring 
program is in place for both fisheries.

Take Reduction Plans

    Subject to available funding, MMPA section 118 requires the 
development and implementation of a Take Reduction Plan (TRP) in cases 
where a strategic stock interacts with a Category I or II fishery. The 
three stocks considered for this permit are designated as strategic 
stocks under the MMPA because they are listed as endangered under the 
ESA (MMPA section 3(19)(C)).
    In 2010, NMFS established a Take Reduction Team (TRT) to develop a 
TRP to address the incidental M&SI of Hawaii pelagic and MHI insular 
false killer whales in the Hawaii-based deep-set and shallow-set 
longline fisheries. A TRP was implemented, through regulations, in 
November 2012 (77 FR 71260). The short- and long-term goals of a TRP 
are to reduce M&SI of marine mammals incidental to commercial fishing 
to levels below PBR and to insignificant levels approaching a zero M&SI 
rate (i.e., 10% of PBR), respectively. MMPA section 118(b)(2) states 
that fisheries maintaining such M&SI levels are not required to further 
reduce their M&SI rates.
    The CNP stock of humpback whales and the Hawaii stock of sperm 
whales are also strategic stocks that interact with the Hawaii longline 
fisheries. However, the obligations to develop and implement a TRP are 
subject to the availability of funding. NMFS has insufficient funding 
available to simultaneously develop and implement TRPs for all 
strategic stocks that interact with Category I or Category II 
fisheries. 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 available data on abundance and fishery-
related mortality for the CNP stock of humpback whales and the Hawaii 
stock of sperm whales, and identified them as a lower priority compared 
to other marine mammal stocks and fisheries for establishing TRTs, 
based on M&SI levels below the stocks' PBR levels. The CNP stock of 
humpback whales and Hawaii stock of sperm whales have been designated 
as strategic because they are ESA-listed (MMPA section 3(19)(C)) and 
not because direct human-caused mortality exceeds PBR (MMPA section 
3(19)(A)). As determined herein, M&SI for both stocks is currently low 
and is not expected to adversely affect either stock through effects on 
annual rates of recruitment or survival. Given these factors and NMFS' 
priorities, developing a TRP for these stocks will be deferred under 
section 118 as other stocks/fisheries are a higher priority for any 
available funding for developing new TRPs.
    As noted in the summary above, all of the requirements to issue a 
permit to vessels that operate in the Federally-authorized Hawaii deep-
set and shallow-set longline fisheries have been satisfied. 
Accordingly, NMFS proposes to issue a permit to participants in the 
Category I Hawaii deep-set longline fishery for the taking of CNP 
humpback whales, Hawaii sperm whales, and MHI insular false killer 
whales, and to the Category II Hawaii shallow-set longline fishery for 
the taking of CNP humpback whales incidental to the fisheries' 
operations. As noted under MMPA section 101(a)(5)(E)(ii), no permit is 
required for vessels in Category III fisheries. For incidental taking 
of marine mammals to be authorized in Category III fisheries, any 
injuries or mortality must be reported to NMFS. NMFS solicits public 
comments on the proposed permit and the preliminary determinations 
supporting the permit.


[[Page 33731]]


    Dated: June 6, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-13683 Filed 6-11-14; 8:45 am]
BILLING CODE 3510-22-P