[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Pages 81184-81185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27548]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA668]


Pacific Island Pelagic Fisheries; False Killer Whale Take 
Reduction Plan; New Trigger Value for Southern Exclusion Zone Closure

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

ACTION: Notice.

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SUMMARY: In accordance with the Marine Mammal Protection Act of 1972 
and the False Killer Whale Take Reduction Plan, NMFS is publishing a 
new trigger value for the Southern Exclusion Zone closure. The new 
trigger is four observed mortality or serious injuries of false killer 
whales incidental to the deep-set longline fishery within the U.S. 
Exclusive Economic Zone.

FOR FURTHER INFORMATION CONTACT: Diana Kramer, NMFS Pacific Islands 
Region, (808) 725-5167, [email protected]; or Kristy Long, NMFS 
Office of Protected Resources, (301) 427-8402, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The False Killer Whale Take Reduction Plan (Plan) was implemented 
on December 31, 2012, pursuant to section 118(f) of the Marine Mammal 
Protection Act (MMPA) to reduce the level of incidental mortality and 
serious injury (M/SI) of the Hawaii pelagic and Hawaii insular stocks 
of false killer whales in the Hawaii longline fisheries (77 FR 71260; 
November 29, 2012). The Plan, based on consensus recommendations from 
the False Killer

[[Page 81185]]

Whale Take Reduction Team, was implemented by regulations, which 
created the Southern Exclusion Zone (SEZ) (50 CFR 229.37(d)(2)) that 
would be closed to deep-set longline fishing if a certain number 
(trigger) of false killer whale M/SI were observed in the deep-set 
fishery in the U.S. Exclusive Economic Zone (EEZ). As described in the 
Plan regulations, the SEZ is bounded on the east at 154[deg]30' W 
longitude, on the west at 165[deg] W longitude, on the north by the 
boundaries of the Main Hawaiian Islands Longline Fishing Prohibited 
Area and Papahanaumokuakea Marine National Monument, and on the south 
by the EEZ boundary (see Figure 1). The regulations at 50 CFR 
229.37(e)(2) define the trigger as the larger of either of these two 
values: (i) Two observed M/SI of false killer whales within the EEZ 
around Hawaii, or (ii) the smallest number of observed false killer 
whale M/SI that, when extrapolated based on the percentage observer 
coverage in the deep-set longline fishery for that year, exceeds the 
Hawaii Pelagic false killer whale stock's potential biological removal 
(PBR). NMFS established the trigger value for the first year of the 
Plan's implementation as two observed false killer whale M/SI by the 
deep-set longline fishery within the U.S. EEZ around Hawaii (77 FR 
71259, November 29, 2012), based on the potential PBR of 9.1 for the 
Hawaii pelagic stock of false killer whales, as calculated in the draft 
2012 Stock Assessment Report (SAR) (Carretta et al., 2012a). The Plan 
specifies the trigger value (two) will remain valid until NMFS 
publishes a new trigger value in the Federal Register (50 CFR 
229.37(e)(1)).
[GRAPHIC] [TIFF OMITTED] TN15DE20.009

    In June 2020, NMFS published NOAA Administrative Report H-20-06, 
``Oleson, E.M. 2020. Abundance, potential biological removal, and 
bycatch estimates for the Hawaii pelagic stock of false killer whales 
for 2015-2019.'' This report provided updated abundance information for 
the Hawaii pelagic stock of false killer whales and is considered the 
best scientific information available on the stock's abundance and 
resulting PBR. The abundance estimate for the Hawaii pelagic stock of 
false killer whales presented in this report is 2,086 (CV = 0.35) 
individuals in the Hawaii EEZ. The minimum population abundance (Nmin), 
used for calculating PBR, is 1,567 animals. The PBR for this stock 
within the EEZ is calculated to be 16 pelagic false killer whales.
    Based on the updated PBR of 16 whales for the Hawaii pelagic stock 
of false killer whales, and the 2020 expected observer coverage (20 
percent), the trigger value (ii) is calculated as four whales. Trigger 
value (ii) (four whales) is larger than value (i) (two whales), 
therefore, NMFS sets the trigger value for SEZ closure at four observed 
false killer whale M/SI in the deep-set longline fishery in the EEZ 
around Hawaii.
    Information on the False Killer Whale Take Reduction Plan is 
available on the internet at the following address: https://www.fisheries.noaa.gov/pacific-islands/marine-mammal-protection/pacific-islands-region-false-killer-whale-take-reduction-team. NOAA 
Administrative Report H-20-06 is available on the internet at the 
following address: https://doi.org/10.25923/wmg3-ps37. Copies of 
reference materials may also be obtained from the NMFS Pacific Islands 
Regional Office, Protected Resources Division, 1845 Wasp Blvd., 
Building 176, Honolulu, HI 96818.
    This notice serves as a notification to fishermen, the fishing 
industry, and the general public that the SEZ closure trigger value is 
four observed false killer whale M/SI in the deep-set longline fishery 
in the EEZ around Hawaii.

    Authority: 16 U.S.C. 1361 et seq.

    Dated: December 10, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-27548 Filed 12-14-20; 8:45 am]
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