[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7992-7993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02513]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R7-ES-2022-0155; FF07CAMM00-FXES111607MWA07]


Marine Mammal Protection Act; Draft Stock Assessment Reports for 
the Pacific Walrus Stock and Three Northern Sea Otter Stocks in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Marine Mammal Protection Act and its 
implementing regulations, we, the U.S. Fish and Wildlife Service, have 
developed draft revised marine mammal stock assessment reports (SAR) 
for the Pacific walrus (Odobenus rosmarus divergens) and for each of 
the three northern sea otter (Enhydra lutris kenyoni) stocks in Alaska. 
We invite comments on the four SARs from the public and from Federal, 
tribal, state, and local governments.

DATES: We must receive comments by May 8, 2023. Comments submitted 
electronically using the Federal eRulemaking Portal (see ADDRESSES, 
below) must be received by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: 
    Obtaining Documents: You may view the draft revised stock 
assessment reports at https://www.regulations.gov under Docket No. FWS-
R7-ES-2022-0155, or you may request copies from the contact under FOR 
FURTHER INFORMATION CONTACT.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Internet: https://www.regulations.gov. Search for and 
submit comments on FWS-R7-ES-2022-0155.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R7-ES-2022-0155, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W), 
5275 Leesburg Pike, Falls Church, Virginia 22041-3803.
    We request that you send comments only by one of the two methods 
described above. We will post all comments at https://www.regulations.gov. You may request that we withhold personal 
identifying information from public review; however, we cannot 
guarantee that we will be able to do so. For more information, see 
Public Comment Procedures under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Jenipher Cate, Marine Mammals 
Management, by telephone at 907-205-8322; by email at 
[email protected]; or by mail at U.S. Fish and Wildlife Service, 
MS-341, 1011 East Tudor Road, Anchorage, Alaska 99503. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: In accordance with the Marine Mammal 
Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), and 
its implementing regulations in the Code of Federal Regulations (CFR) 
at 50 CFR part 18, we, the U.S. Fish and Wildlife Service (Service), 
have developed four draft revised marine mammal stock assessment 
reports (SARs) for species in Alaska. The draft revised SARs are for 
the Pacific walrus (Odobenus rosmarus divergens) and for each of the 
three stocks of the northern sea otter (Enhydra lutris kenyoni) in 
Alaska--the southwest, southcentral, and southeast stocks. We invite 
comments on the four draft SARs from the public and from Federal, 
Tribal, State, and local governments.

Background

    Under the MMPA and its implementing regulations, we regulate 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 each stock of marine mammals occurring in 
waters under U.S. jurisdiction does 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 level (OSP). The 
MMPA defines the OSP as ``the number 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).
    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 an SAR for each 
marine mammal stock that occurs in waters under U.S. jurisdiction. When 
preparing SARs, section 117 of the MMPA also

[[Page 7993]]

requires the Service to consider the best scientific information 
available and consult with regional scientific review groups, 
established under section 117(d) of the MMPA. Pursuant to section 
117(a) of the MMPA, 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 the annual human-caused mortality and serious injury of the 
stock by source and, for a strategic stock, other factors that may be 
causing a decline or impeding recovery of the stock, including effects 
on marine mammal habitat and prey; (4) commercial fishery interactions; 
(5) categorization of the status of the stock; and (6) an estimate on 
the potential biological removal (PBR) level.
    The MMPA defines the PBR level 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 optimum 
sustainable population.'' (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, which is intended to 
compensate for uncertainty and unknown estimation errors. 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 (1) at least annually for stocks that are specified as 
strategic stocks; (2) at least annually for stocks for which 
significant new information is available; and (3) 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.), 
within the foreseeable future; or (C) which is listed as a threatened 
or endangered species under the ESA, or is designated as depleted under 
[the MMPA].'' (16 U.S.C. 1362(19)).

Summary of Draft Revised Stock Assessment Reports

    The SARs for the Pacific walrus (Odobenus rosmarus divergens) and 
for the southwest, southcentral, and southeast stocks of the northern 
sea otter (Enhydra lutris kenyoni) were last revised in 2014 (79 FR 
22154). In 2021, the Service preliminarily concluded that stock 
assessment revisions are warranted for each of these stocks because the 
status of the stocks can be more accurately determined at this time. We 
based this determination on new information that has become available, 
such as population estimates for all these stocks, that allows us to 
better describe their status. The Service is in consultation with the 
Alaska Regional Scientific Review Group, established under section 117 
of the MMPA, on these draft revised SARs.
    The following table summarizes the draft revised SARs for the 
Pacific walrus and the southwest, southcentral, and southeast stocks of 
the northern sea otter, listing each stock's Nmin, 
Rmax, Fr, PBR, annual estimated human-caused 
mortality and serious injury, and status.

 Summary of Draft Revised Stock Assessment Reports for the Pacific Walrus and for the Southwest, Southcentral, and Southeast Stocks of the Northern Sea
                                                                          Otter
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                                                                                                    Annual estimated human-caused
                                                                                                              mortality
              Stock                     Nmin            Rmax             Fr              PBR      --------------------------------      Stock status
                                                                                                    Fishery/other    Subsistence
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Pacific Walrus...................         214,008            0.06             0.5           3,210              <1           4,210  Strategic.
Northern Sea Otter, Southwest              41,666            0.29             0.4           2,417              <1             176  Strategic.
 Stock.
Northern Sea Otter, Southcentral           19,854            0.29            0.75           2,159              <1             389  Nonstrategic.
 Stock.
Northern Sea Otter, Southeast              25,768            0.29            0.75           2,803              <1             851  Nonstrategic.
 Stock.
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Public Comment Procedures

    If you wish to comment on any of the revised draft SARs, you may 
submit your comments by one of the methods in ADDRESSES. Please 
identify which revised draft SAR you are commenting on, make your 
comments as specific as possible, confine comments to issues pertinent 
to the draft revised SARs, and explain the reasons for any changes you 
recommend. Where possible, your comments should reference the specific 
section or paragraph of the SAR that you are addressing. We will 
consider all comments that are received by the close of the comment 
period (see DATES).
    Comments, including names and addresses of respondents, will become 
part of the administrative record. Before including your address, 
telephone number, email address, or other personal identifying 
information in your comment, be advised that your entire comment, 
including your personal identifying information, may be made publicly 
available at any time. While you can ask us in your comments to 
withhold from public review your personal identifying information, we 
cannot guarantee that we will be able to do so.

Next Steps

    After consideration of any public comments received, we will revise 
each of the SARs as appropriate for these stocks. We plan to publish a 
notice of availability and summary of the final revised SARs, including 
responses to comments we received.

References

    The complete list of references used during the drafting of each of 
the four draft revised SARs is available at https://www.regulations.gov 
under Docket No. FWS-R7-ES-2022-0155 and upon request from the Alaska 
Marine Mammals Management Office (see FOR FURTHER INFORMATION CONTACT).

Authority

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

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-02513 Filed 2-6-23; 8:45 am]
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