[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57015-57016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23183]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW010


Scoping Meeting for Protective Regulations for Killer Whales in 
the Inland Waters of Washington State

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

ACTION: Notice of public meeting, request for comments.

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SUMMARY: This notice informs the public of an upcoming scoping process, 
including a scoping meeting, to solicit public comments on whether, 
based on best available information, existing National Marine Fisheries 
Service (NMFS) regulations and other measures adequately protect killer 
whales from the impacts of vessels and noise in the inland waters of 
Washington State and, if not, what actions NMFS should take. To inform 
comments, information on existing regulations and other protective 
measures are available at: https://archive.fisheries.noaa.gov/wcr/protected_species/marine_mammals/killer_whale/vessel_regulations.html.

DATES: Written or electronic scoping comments must be received by 
December 23, 2019.

ADDRESSES: You may submit comments on this document by either of the 
following methods:
     Electronic Submission: Submit all electronic public 
comments by sending an email to [email protected] using the 
subject line ``Comments on Protective Regulations for Killer Whales 
Scoping.''
     Mail: Submit written comments to Seattle Branch Chief, 
Protected Resources Division, West Coast Region, National Marine 
Fisheries Service, 7600 Sand Point Way NE, Building 1, Seattle, WA 
98115, Attn: SRKW Vessel Regulation Revision.
    Comments can also be provided in person during the scoping meeting, 
listed below.

FOR FURTHER INFORMATION CONTACT: Grace Ferrara, West Coast Region, 
National Marine Fisheries Service. Telephone: 206-526-6172. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Dates, Times, and Locations

    The date, time, and location of the scoping meeting is scheduled as 
follows:
    Tuesday, November 12th, 2019--Friday Harbor, WA, 5 p.m. to 8 p.m., 
Brickworks Event Center, 150 Nichols St., Friday Harbor, WA 98250.

Background

    NMFS listed the Southern Resident killer whale distinct population 
segment as endangered under the Endangered Species Act (ESA) in 2005 
(70 FR 69903; November 18, 2005). During the listing of Southern 
Residents and the development of the 2008 Recovery Plan, vessel impacts 
were identified as one of the three main threats to recovery (NMFS, 
2008). While in the inland waters of Washington State, this population 
is the target of an active transboundary commercial whale watch 
industry. In 2009, NMFS concluded that the voluntary guidelines in 
place to

[[Page 57016]]

reduce vessel impacts on the whales were not adequately addressing this 
threat and initiated a formal rulemaking process to establish mandatory 
regulations. The final rule published in 2011 consisted of two 
measures: (1) A prohibition on approaching any killer whale within 200 
yards, and (2) a prohibition on parking in the path of any killer whale 
within 400 yards. These regulations apply to all killer whales in the 
inland waters of Washington State.
    When NMFS implemented these protective vessel regulations in 2011, 
we committed to evaluating their effectiveness post-implementation. 
NMFS completed this evaluation in 2017 and the Technical Memo (Ferrara 
et al., 2017) can be found here: https://archive.fisheries.noaa.gov/wcr/publications/protected_species/marine_mammals/killer_whales/noaa_techmemo_nmfsopr-58_dec2017.pdf. Although received noise levels 
were variable and not significantly lower after the regulations were 
put in place (Holt et al., 2017), the conclusions of this evaluation 
indicate that there have been some benefits to having protective 
regulations in place (Ferrara et al., 2017). An economic analysis 
showed that, based on a review of multiple indicators for the 
ecotourism industry, the regulations did not have a negative impact on 
the commercial whale watch industry, but rather that the industry 
continued to grow after the regulations were put in place (Industrial 
Economics, 2015). These results indicate that additional protective 
measures could provide a greater biological benefit to the whales 
without necessarily harming the commercial whale watch industry.
    Since the implementation of the 2011 vessel regulations, NMFS has 
continued to participate in efforts to develop and receive public input 
for protective measures to reduce vessel impacts on killer whales in 
Washington's inland waters. NMFS has partnered with the Washington 
Department of Fish and Wildlife (WDFW) to enforce the regulations, 
providing funding through three ESA grants from 2013 to the present to 
expand WDFW's involvement in protecting Southern Resident killer 
whales. A killer whale protection workshop held by NMFS in 2013 brought 
scientists, enforcement officers, non-governmental organizations, 
industry, and members of the public together to review existing 
protections for the whales as well as the role of monitoring, 
enforcement of boater education efforts, identify data gaps, and 
provide an opportunity for stakeholder input on next steps to address 
vessel effects on killer whales. In late 2016, NMFS received a petition 
to establish a Whale Protection Zone (WPZ) on the west side of San Juan 
Island. In response to that petition, NMFS sought public comment and, 
during a 90-day comment period in 2017, members of the public, local 
and state government, federal agencies, tribal organizations, NGOs, and 
industry submitted comments on the proposed WPZ design as well as 
protected areas for Southern Residents in general.
    NMFS also engaged in broader efforts to study and develop measures 
to reduce vessel impacts. In March 2018, the Washington State Governor 
established the Southern Resident Orca Task Force to identify immediate 
actions to benefit Southern Residents as well as develop a long-term 
action plan for recovery. NMFS serves on this Task Force as well as in 
its Vessel Working Group. In its first year, the Task Force made 12 
recommendations to fulfill the goal of reducing disturbance from 
vessels to Southern Residents. The full list of recommendations can be 
found here: https://www.governor.wa.gov/sites/default/files/OrcaTaskForce_reportandrecommendations_11.16.18.pdf. Several of these 
recommendations were taken up by the Washington State legislature in 
2019, including the recommendations to increase the approach distance 
and establish a go-slow zone around Southern Residents.
    Since 2017 NMFS has also served on the Advisory Working Group and 
the Acoustic Technical Committee for a voluntary slow-down trial, 
called ECHO, for piloted vessels transiting through Haro Strait. This 
trial has provided valuable insight into the impact of reducing the 
speed of large ships on the ambient noise level in an important 
foraging area for Southern Resident killer whales, as well as the 
impact of displacing vessel traffic away from an area frequented by 
Southern Residents. When compared to the pre-trial period, the acoustic 
intensity of ambient noise in the area of the west coast of San Juan 
Island was reduced by as much as 44 percent (corresponding to a 2.5 DB 
reduction in media sound pressure level) when vessel slowed down 
through the Strait (Joy et al., 2019). Results of the lateral 
displacement trials are pending.

Public Comments

    This scoping process aims to gather input regarding the need to 
revise the existing regulations, the scope of actions to be proposed 
for any rulemaking, the development of alternatives to that would be 
analyzed in the NEPA analysis, and the potential impact of management 
actions. NMFS is soliciting information from the public, governmental 
agencies, Tribes, the scientific community, industry, environmental 
entities, and any other interested parties. In particular, we request 
information and comments concerning: (1) The advisability of and need 
for changes to the existing regulations; (2) alternative management 
options for regulating vessel interactions with killer whales; (3) 
scientific and commercial information regarding the effect of vessels 
on killer whales and their habitat; (4) potential economic impacts of 
management options; and (5) any additional relevant information that 
NMFS should consider should it undertake rulemaking. In any future 
rulemaking, NMFS would consider existing voluntary and regulatory 
efforts to protect the whales, effectiveness and consistency of 
protective measures, transboundary coordination, the best available 
scientific information and public input in developing any amendments to 
the current federal vessel regulations.
    Comments and suggestions received as part of this scoping process 
will be considered when developing the alternatives for analysis. 
Comments that were submitted to NMFS regarding the 2010 Environmental 
Assessment or previous proposed rule will be considered and do not need 
to be resubmitted.

    Authority: 40 CFR 1501.2, 1501.7; 16 U.S.C. 1540(f)) and MMPA 
section 112(a) (16 U.S.C. 1382(a)).

    Dated: October 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2019-23183 Filed 10-23-19; 8:45 am]
 BILLING CODE 3510-22-P