[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67254-67256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21333]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD281]


Scoping for a Marine Mammal Take Reduction Team to Address 
Incidental Mortality and Serious Injury of Humpback Whale Stocks in the 
Pacific

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

ACTION: Notice of scoping for a Marine Mammal Take Reduction Team; 
request for comment.

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SUMMARY: NMFS is establishing a Take Reduction Team (TRT or Team) to 
address the incidental mortality and serious injury (M/SI) of humpback 
whales that would, at a minimum, consider Federal sablefish pot fishery 
interactions with the Central America/Southern Mexico-CA/OR/WA and 
Mainland Mexico-CA/OR/WA stocks of humpback whales, and may also be 
expanded to consider other fisheries in the Pacific Ocean. The TRT will 
develop a Take Reduction Plan (TRP or Plan) as required under the 
Marine Mammal Protection Act (MMPA). NMFS requests public comments on 
information relevant to establishing the TRT as well as interest from 
stakeholders who wish to be considered for TRT membership.

DATES: Comments must be received by November 28, 2023.

ADDRESSES: You may submit comments on this notice, by either of the 
following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0104 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Assistant Regional Administrator for Protected Resources, 
NMFS West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA.
    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 
https://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

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be publicly accessible. NMFS will accept anonymous comments (enter N/A 
in the required fields if you wish to remain anonymous). Individuals 
who use a telecommunications device for the hearing impaired may call 
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m. 
and 4 p.m. Eastern time, Monday through Friday, excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Dan Lawson, West Coast Region, 206-
526-4740, [email protected]; Kristy Long, Office of Protected 
Resources, 206-526-4792, [email protected].

SUPPLEMENTARY INFORMATION: Section 118 of the MMPA requires commercial 
fisheries to reduce incidental M/SI of marine mammals to insignificant 
levels approaching a zero mortality and serious injury rate (16 U.S.C. 
1387). Section 118(c) of the MMPA requires NMFS to place all U.S. 
commercial fisheries into one of three categories based on the level of 
incidental M/SI of marine mammals occurring in each fishery (16 U.S.C. 
1387(c)(1)). The classification of a fishery on the List of Fisheries 
(LOF) determines whether participants in that fishery may be required 
to comply with certain provisions of the MMPA, including a take 
reduction plan. A Category I fishery has frequent incidental M/SI of 
marine mammals, a Category II fishery has occasional incidental M/SI of 
marine mammals, and a Category III fishery has a remote likelihood of 
or no known incidental M/SI of marine mammals.
    Section 118(f)(1) of the MMPA requires NMFS to develop and 
implement TRPs designed to assist in the recovery or prevent the 
depletion of each strategic stock that interacts with Category I and II 
fisheries (16 U.S.C. 1387(f)(1)). The MMPA defines a strategic stock as 
a marine mammal stock: (1) for which the level of direct human-caused 
mortality exceeds the Potential Biological Removal (PBR) level; (2) 
which is declining and is likely to be listed under the Endangered 
Species Act (ESA) in the foreseeable future; or (3) which is listed as 
threatened or endangered under the ESA or as a depleted species under 
the MMPA (16 U.S.C. 1362(19)). PBR is 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)).
    MMPA section 118(f)(6)(C) requires that members of TRTs have 
expertise regarding the conservation or biology of the marine mammal 
species that the TRP will address, or the fishing practices that result 
in the incidental M/SI of such species. As outlined in the statute 
''[m]embers shall include representatives of Federal agencies, each 
coastal State which has fisheries which interact with the species or 
stock, appropriate Regional Fishery Management Councils, interstate 
fisheries commissions, academic and scientific organizations, 
environmental groups, all commercial and recreational fisheries groups 
and gear types which incidentally take the species or stock, Alaska 
Native organizations or Indian tribal organizations, and others as the 
Secretary deems appropriate'' ((16 U.S.C. 1387(f)(6)(C)). The MMPA 
further specifies that TRTs ``shall, to the maximum extent practicable, 
consist of an equitable balance among representatives of resource user 
and non-user interests'' (Id.).
    As required under section 118 (f)(7) and section 118(f)(8), of the 
MMPA, a TRT shall develop a draft TRP by consensus, and shall submit 
this draft TRP to NMFS not later than 6 or 11 months after the date of 
the establishment of the TRT depending on the level of M/SI compared to 
a stock's PBR. Pursuant to the MMPA, NMFS convenes TRTs to develop 
recommendations that achieve a short-term goal of reducing incidental 
M/SI of marine mammals covered by the Plan to a rate below each stock's 
PBR within 6 months of implementation. The long-term goal of a Plan is 
to ``reduce, within 5 years of its implementation, the incidental M/SI 
of marine mammals from commercial fishing operations to insignificant 
levels, approaching a zero mortality and serious injury rate, taking 
into account the economics of the fishery, the availability of existing 
technology, and existing state or regional fishery management plans.''
    On July 26, 2023, the United States District Court for the Northern 
District of California adopted a Stipulated Settlement Agreement 
(Agreement) between NMFS and the Center for Biological Diversity to 
resolve claims in the matter of Center of Biological Diversity v. 
Raimondo (3:22-cv-00117-JD). Under the Agreement, NMFS expressed its 
intent to issue a scoping notice by November 1, 2023 seeking 
information relevant to establishing a TRT under Section 118 of the 
MMPA that would, at a minimum, consider the Category II Federal 
sablefish pot fishery, and may also be expanded to consider other 
fisheries in the Pacific Ocean that interact with relevant humpback 
whale stocks. As part of this agreement, NMFS committed to issue a 
notice establishing a TRT by October 31, 2025, and to convene the first 
TRT meeting by November 30, 2025.
    In the 2022 Pacific and Alaska Stock Assessment Reports (SARs), 
stock structures for humpback whales in the Pacific Ocean were revised. 
The three existing North Pacific humpback whale stocks (Central North 
Pacific, Western North Pacific and CA/OR/WA) were replaced by five 
stocks to better align with the 2016 listing of humpback whale distinct 
population segments under the ESA (81 FR 62260, September 8, 2016). The 
new humpback whale stock are: (1) Western North Pacific, (2) Hawai'i, 
(3) Mexico-North Pacific, (4) Central America/Southern Mexico-CA/OR/WA 
and (5) Mainland Mexico-CA/OR/WA (Young et al., 2023, Carretta et al., 
2023). All of these stocks are considered ``strategic'' under the MMPA, 
with the exception of the Hawai'i stock, because these stocks include 
humpback whales from ESA-listed populations and/or total annual human-
caused M/SI currently exceeds the stock's PBR as described in the most 
recent SARs.
    In the 2022 SAR, NMFS describes the M/SI associated with U.S. 
commercial fisheries that is known or estimated to occur for each 
stock. For the Central America/Southern Mexico-CA/OR/WA stock, the mean 
annual M/SI in U.S. commercial fisheries is 8.1, which is more than 
double this stock's PBR of 3.5 per year. As detailed in the SAR, 
numerous State and Federal fisheries contribute to this total, 
including the Federal sablefish pot fishery with an estimated M/SI of 
0.66 from the limited entry and open-access sablefish pot sectors 
combined. In contrast, for the Mainland Mexico-CA/OR/WA stock, which 
overlaps in distribution with the Central America/Southern Mexico-CA/
OR/WA stock to a large degree off the U.S. West Coast and exposure to 
U.S. commercial fisheries, the mean annual M/SI across the same subset 
of U.S. commercial fisheries is 11.4, which is about 27 percent of this 
stock's PBR of 43 per year. Given that the M/SI of the Central America/
Southern Mexico-CA/OR/WA humpback whale stock exceeds the stock's PBR, 
and that the Central America/Southern Mexico-CA/OR/WA and Mainland 
Mexico-CA/OR/WA stocks are vulnerable to the same U.S. commercial 
fisheries, including the Federal sablefish pot fishery, these humpback 
whale stocks would be subject to this TRT.
    The 2023 LOF was finalized prior to the release of the final 2022 
SAR (88 FR 16899, March 21, 2023). Classification of U.S. commercial 
fisheries on the 2023 (current) LOF is based on the level of incidental 
M/SI for the previously

[[Page 67256]]

designated CA/OR/WA stock of humpback whales. Currently, there are 
eight U.S. commercial fisheries identified as Category II fisheries due 
to incidental M/SI of the CA/OR/WA stock, with seven of those 
identified as pot or trap fisheries, including the Federal sablefish 
pot fishery. In the 2024 LOF, NMFS (88 FR 62748; September 13, 2023) 
has proposed to classify U.S. commercial fisheries based on the revised 
stock structure for humpback whales. The 2024 LOF does not propose to 
reclassify any additional U.S. West Coast commercial fisheries as 
Category I or II fisheries based on updated information and the revised 
humpback whale stock structure, although NMFS has proposed to elevate 
the California Dungeness crab pot fishery to Category I due to the M/SI 
of the Central America/Southern Mexico-CA/OR/WA stock of humpback 
whales. The Federal sablefish pot fishery would continue to be 
classified as Category II for both the Central America/Southern Mexico-
CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whales in the 
proposed 2024 LOF.

Public Comments Solicited

    Prior to convening this TRT by October 31, 2025, NMFS is seeking 
public input on the scope of the TRT as well as other relevant 
information that will support planning for the TRT. Specifically, NMFS 
is seeking input on whether other Category I or II fisheries, beyond 
the Federal sablefish pot gear fishery, that incidentally kill or 
seriously injure the Central America/Southern Mexico-CA/OR/WA and 
Mainland Mexico-CA/OR/WA stocks of humpback whales, should be addressed 
by the TRT.
    Additional information relevant to establishing this TRT includes 
information about the factors associated with risks of humpback whale 
or other large whale entanglements in U.S. commercial fisheries in the 
Pacific Ocean. This information could include available scientific or 
commercial data about the conduct of these fisheries, along with 
biological and ecological influences, and any other factors that affect 
the nature of interactions between large whales and U.S. commercial 
fishing gear.
    Finally, NMFS is seeking to identify interested stakeholders who 
may wish to serve as TRT members. A seat on a Team is provided to 
ensure the interests of a constituency, organization, or expertise--and 
not a specific individual--are adequately represented. The intention is 
to be inclusive and ensure all those with a stake are represented at 
the table (either directly or through others on the Team). The 
stakeholders to be represented and interests to be included on the Team 
are determined on a case-by-case basis, depending on the scope of a 
given Team. In addition to the statutory criteria for Team membership 
noted above, NMFS also identifies candidate individuals who can ably 
represent the different interests. NMFS recruits candidate Team members 
based on the following:
     Ability to bring first-hand knowledge and perspective to 
bear on the relevant fisheries and/or marine mammal species;
     Ability to balance a regional perspective with localized 
knowledge;
     Willingness to express fundamental interests (as opposed 
to fixed positions) and to clearly convey the interests of one or more 
important stakeholder groups;
     Ability to work collaboratively, seeking to integrate the 
interests of a broad range of constituencies;
     Ability to access and use an effective communication 
network to reach members of their constituency not attending Team 
meetings;
     Availability and willingness to travel and participate in 
meetings;
     Proven track record of engaging in constructive dialogues 
on controversial resource management issues;
     Extent to which candidates' participation on other teams 
fosters or hinders deliberations; and,
     Ability to represent multiple factions of a constituency 
(e.g., multiple sectors of a fishery or a wide array of particular 
fishery).
    NMFS will conduct an independent process to identify and assess 
potential candidates for TRT membership prior to issuing a notice 
establishing the TRT.

References

Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller, 
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and 
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments: 
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
Young, N.C, M.M. Muto, V.T. Helker, B.J. Delean, N.C. Young, J.C. 
Freed R.P. Angliss, N.A. Friday, P.L. Boveng, J.M. Breiwick, B.M. 
Brost, M.F. Cameron, P.J. Clapham, J.L. Crance, S.P. Dahle, M.E. 
Dahlheim, B.S. Fadely, M.C. Ferguson, L.W. Fritz, K.T. Goetz, R.C. 
Hobbs, Y.V. Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch, 
R.R. Ream, E.L. Richmond, K.E.W. Shelden, K.L. Sweeney, R.G. Towell, 
P.R. Wade, J.M. Waite, and Alexandre N. Zerbini. 2023. Alaska Marine 
Mammal Stock Assessments 2022. U.S. Department of Commerce. NOAA 
Technical Memorandum NMFS-AFSC-474. 316 p.

    Dated: September 25, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2023-21333 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-22-P