[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5495-5499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01653]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD505]


Draft 2023 Marine Mammal Stock Assessment Reports

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

ACTION: Notice; request for comments and new information.

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SUMMARY: NMFS reviewed the Alaska, Atlantic, and Pacific regional 
marine mammal stock assessment reports (SAR) in accordance with the 
Marine Mammal Protection Act (MMPA). SARs for marine mammals in the 
Alaska, Atlantic, and Pacific regions were revised according to new 
information. NMFS solicits public comments on the draft 2023 SARs. NMFS 
is also requesting new information for strategic stocks that were not 
updated in 2023.

DATES: Comments must be received by April 29, 2024.

ADDRESSES: The 2023 draft SARs are available in electronic form via the 
internet at https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports.
    Hard copies of the Alaska Regional SARs may be requested from Nancy 
Young, Alaska Fisheries Science Center; copies of the Atlantic, Gulf of 
Mexico, and Caribbean Regional SARs may be requested from Elizabeth 
Josephson, Northeast Fisheries Science Center; and copies of the 
Pacific Regional SARs may be requested from Jim Carretta, Southwest 
Fisheries Science Center (see FOR FURTHER INFORMATION CONTACT below).
    You may submit comments or new information, identified by NOAA-
NMFS-2024-0019, via electronic submission through the Federal e-
Rulemaking Portal:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
type NOAA-NMFS-2024-0019 in the Search box (note: copying and pasting 
the FDMS Docket Number directly from this document may not yield search 
results). Click on the ``Comment'' icon, complete the required fields, 
and enter or attach your comments.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the end of the comment period. 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).

FOR FURTHER INFORMATION CONTACT: Zachary Schakner, Office of Science 
and Technology, 301-427-8106, [email protected]; Nancy Young, 
206-526-4297, [email protected], regarding Alaska regional stock 
assessments; Elizabeth Josephson, 508-495-2362, 
[email protected], regarding Atlantic, Gulf of Mexico, and 
Caribbean regional stock assessments; or Jim Carretta, 858-546-7171, 
[email protected], regarding Pacific regional stock assessments.

SUPPLEMENTARY INFORMATION:

Background

    Section 117 of the MMPA (16 U.S.C. 1361 et seq.) requires NMFS and 
the U.S. Fish and Wildlife Service (USFWS) to prepare stock assessments 
for each stock of marine mammals occurring in waters under the 
jurisdiction of the United States, including the U.S. Exclusive 
Economic Zone (EEZ). These SARs must contain information regarding the 
distribution and abundance of the stock, population growth rates and 
trends, estimates of annual human-caused mortality and serious injury 
(M/SI) from all sources, descriptions of the fisheries with which the 
stock interacts, and the status of the stock. Initial SARs were 
completed in 1995.
    The MMPA requires NMFS and USFWS to review the SARs at least 
annually for strategic stocks and stocks for which significant new 
information is available, and at least once every three years for non-
strategic stocks. The term ``strategic stock'' means a marine mammal 
stock: (A) for which the level of direct human-caused mortality exceeds 
the potential biological removal level or PBR (defined by the MMPA as 
the maximum number of animals, not including natural mortalities, that 
may

[[Page 5496]]

be removed from a marine mammal stock while allowing that stock to 
reach or maintain its optimum sustainable population); (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 (ESA) within the foreseeable future; or (C) which is listed 
as a threatened species or endangered species under the ESA or is 
designated as depleted under the MMPA. NMFS and USFWS are required to 
revise a SAR if the review indicates that the status of the stock has 
changed or can be more accurately determined.
    In order to ensure that marine mammal SARs constitute the best 
scientific information available, the updated SARs under NMFS' 
jurisdiction are peer-reviewed within NMFS Science Centers and by 
members of three regional independent scientific review groups 
established under the MMPA to independently advise NMFS and the USFWS. 
As a result of the time involved in the assessment of new scientific 
information, revision, and peer-review of the SARs, the period covered 
by the 2023 draft SARs is 2017 through 2021.
    NMFS reviewed the status of all marine mammal strategic stocks and 
considered whether significant new information was available for all 
other stocks under NMFS' jurisdiction. As a result of this review, NMFS 
revised or developed new reports for 66 stocks in the Alaska, Atlantic, 
and Pacific regions to incorporate new information. The 2023 revisions 
to the SARs consist primarily of updated or revised human-caused 
mortality and serious injury (M/SI) estimates and updated abundance 
estimates, the proposed designation of two new stocks: Sato's beaked 
whale and the Central Oregon harbor porpoise, and proposed Pacific 
Islands stock name changes.
    NMFS solicits public comments on the draft 2023 SARs. To ensure 
NMFS is aware of new information relevant to all strategic stocks, NMFS 
also requests new information for strategic stocks that were not 
updated in 2023. Specifically, new relevant information could include 
peer-reviewed information on human-caused M/SI, fishery interactions, 
abundance, distribution, population structure, and other information on 
emerging concerns for strategic stocks that could be incorporated into 
the SARs.

Alaska Reports

    NMFS reviewed new information for 24 existing stocks (including all 
of the strategic stocks) in the Alaska Region for the 2023 SAR cycle 
and updated information or developed new reports for five stocks 
contained in five SARs under NMFS' jurisdiction: three strategic stocks 
(Western stock of Steller sea lions, Eastern North Pacific stock of 
North Pacific right whales, and Western Arctic stock of bowhead whales) 
and two non-strategic stocks (Eastern stock of Steller sea lions and 
Sato's beaked whales stock). Information on the remaining Alaska region 
stocks can be found in the final 2022 SARs (Young et al. 2023).
    A list of the new or revised SARs in 2023 for the Alaska region is 
presented in table 1, followed by a non-exhaustive summary of the more 
notable issues or revisions for particular stocks within the Alaska 
region.

  Table 1--List of Marine Mammal Stocks in the Alaska Region Revised in
                                  2023
------------------------------------------------------------------------
            Strategic stocks                   Non-strategic stocks
------------------------------------------------------------------------
 Steller sea lion, Western *...   Sato's beaked whale.**
 North Pacific right whale,       Steller sea lion,
 Eastern North Pacific.                   Eastern.*
 Bowhead whale, Western
 Arctic.*
------------------------------------------------------------------------
* Includes updated abundance estimates.
** Denotes a new stock.

Sato's Beaked Whale

    A new SAR is proposed for a newly described species, Sato's beaked 
whale (Yamada et al. 2019), which inhabits the western and central 
North Pacific. The Sato's beaked whale was identified as a new species 
in the northern Pacific Ocean based on morphometric and genetics data 
of a previously undescribed species (Brownell and Kasuya 2021, Fedutin 
et al. 2020, Yamada et al. 2019). Current information about its 
distribution indicates that it occurs from Japanese waters across the 
northern Pacific to at least the Alaskan Peninsula. The newly 
identified species did not yet have a stock designation. NMFS followed 
the process outlined in its procedural directive 02-204-03: Reviewing 
and Designating Stocks and Issuing Stock Assessment Reports under the 
Marine Mammal Protection Act (NMFS 2019) and determined that it is 
unknown whether the species contains multiple demographically 
independent populations. Therefore, NMFS proposes designating Sato's 
beaked whale species as a single stock. Estimates of abundance are not 
available for this stock, and no human-caused MS/I of Sato's beaked 
whales was reported between 2017 and 2021. This stock is not strategic.

Atlantic Reports

    In 2023, NMFS reviewed all stocks in the Atlantic region under 
NMFS' jurisdiction (including the Atlantic Ocean, Gulf of Mexico, and 
U.S. territories in the Caribbean) for new information. Thirty-one 
stocks from the Western North Atlantic were revised (table 2), 
primarily with updated abundance estimates based on the 2021 Atlantic 
Marine Assessment Program for Protected Species large vessel surveys, 
and some were also updated with recent bycatch estimates. One stock 
changed in status to ``strategic,'' the Western North Atlantic (WNA) 
short-finned pilot whale. This particular stock has oscillated between 
strategic and non-strategic over the years, depending on the latest 
abundance and bycatch estimates.
    A list of the new or revised SARs in 2023 for the Atlantic region 
is presented in table 2, followed by a non-exhaustive summary of the 
more notable issues or revisions in the Atlantic region. Information on 
the remaining Atlantic region stocks can be found in the final 2022 
SARs (Hayes et al. 2023).

[[Page 5497]]



  Table 2--List of Marine Mammal SARs in the Atlantic Region Revised in
                                  2023
------------------------------------------------------------------------
            Strategic stocks                   Non-strategic stocks
------------------------------------------------------------------------
 North Atlantic right whale *     Atlantic spotted
 Gulf of Mexico common            dolphin, Western North
 bottlenose dolphin, Barataria Bay        Atlantic.*
 Estuarine System.                        Clymene dolphin,
 Short-finned pilot whale,        Western North Atlantic.*
 Western North Atlantic *.                Common bottlenose
 Fin whale, Western North         dolphin, Western North
 Atlantic.                                Atlantic Offshore.*
 Sei whale, Nova Scotia........   Dwarf sperm whale,
 Sperm whale, North Atlantic *.   Western North Atlantic.*
                                          False killer whale,
                                          Western North Atlantic.*
                                          Fraser's dolphin,
                                          Western North Atlantic.
                                          Melon-headed whale,
                                          Western North Atlantic.
                                          Pantropical spotted
                                          dolphin, Western North
                                          Atlantic.*
                                          Pygmy killer whale,
                                          Western North Atlantic.
                                          Pygmy sperm whale,
                                          Western North Atlantic.*
                                          Rough-toothed dolphin,
                                          Western North Atlantic.
                                          Spinner dolphin,
                                          Western North Atlantic.*
                                          Harbor porpoise, Gulf
                                          of Maine/Bay of Fundy.*
                                          Common minke whale,
                                          Canadian East Coast.
                                          Cuvier's beaked whale,
                                          Western North Atlantic.*
                                          Blainville's beaked
                                          whale, Western North
                                          Atlantic.*
                                          Gervais' beaked whale,
                                          Western North Atlantic.*
                                          Sowerby's beaked
                                          whale, Western North
                                          Atlantic.*
                                          True's beaked whale,
                                          Western North Atlantic.*
                                          Risso's dolphin,
                                          Western North Atlantic.*
                                          Long-finned pilot
                                          whale, Western North Atlantic.
                                          Atlantic white-sided
                                          dolphin, Western North
                                          Atlantic.
                                          Common dolphin,
                                          Western North Atlantic.*
                                          Striped dolphin,
                                          Western North Atlantic.*
                                          Gray seal, Western
                                          North Atlantic.*
------------------------------------------------------------------------
* Includes updated abundance estimates.

North Atlantic Right Whale, Western North Atlantic

    The new abundance estimate calculated for the western North 
Atlantic right whale stock is 340 (95% CI: 333-348) individuals as of 
December 2021. This updated estimate is based on a published state-
space model of the sighting histories of individual whales identified 
using photo-identification techniques (Pace et al. 2017, Pace 2021). A 
more recent estimate is available in Linden (2023), though this is not 
included in the draft 2023 SAR being released for public comment as it 
was not available at the time of drafting and for review by the 
Atlantic Scientific Review Group. The species' recovery continues to be 
inhibited by a low reproductive rate and the impacts of the ongoing 
Unusual Mortality Event declared in 2017 (NMFS 2023), which, for the 
covered time period (2017-2021), includes 98 dead, seriously injured, 
or sublethally injured or ill whales (i.e., morbidity cases, which are 
now included in the SAR), primarily due to vessel strikes and 
entanglements in fishing gear.

Humpback Whale, Gulf of Maine

    In 2023, NMFS is not revising SAR for the Gulf of Maine stock of 
humpback whales. Since the last revision of this SAR in 2019, NMFS has 
been reviewing and considering the implications of recent information 
on stock structure of humpback whales in the North Atlantic. This 
includes the 2016 global Status Review of humpback whales that led to 
the revised ESA listing of the species, based on identification of 
distinct population segments (DPS) (Bettridge et al. 2015, NOAA 2016a), 
as well as ongoing work by the International Whaling Commission, 
Scientific Committee, and Sub-committee on Northern Hemisphere whale 
stocks. Given this recent and forthcoming information, NMFS is 
evaluating the stock structure of North Atlantic humpback whales under 
the MMPA following the process laid out in its procedural directive 02-
204-03: Reviewing and Designating Stocks and Issuing Stock Assessment 
Reports under the Marine Mammal Protection Act (NMFS 2019). A draft, 
updated SAR will be published once NMFS completes this process.

Gulf of Mexico Common Bottlenose Dolphin, Barataria Bay Estuarine 
System Stock

    In 2023, NMFS revised the SAR for the Barataria Bay Estuarine 
System (BBES) stock of common bottlenose dolphins as recommended by the 
Atlantic Scientific Review Group to incorporate recent publications 
regarding health assessment data and projected outcomes for the 
proposed mid-Barataria sediment diversion (MBSD) project. Recent health 
assessment data indicate disease conditions have persisted and worsened 
in Barataria Bay dolphins presumably exposed to oil from the Deepwater 
Horizon (DWH) oil spill (DeGuise et al. 2021; Smith et al. 2022; 
Schwacke et al. 2022), and it is suggested this population is at a 
minimum point in its recovery trajectory (Schwacke et al. 2022). In 
addition, results of modeling work by Thomas et al. (2022) predict 
there will be greater declines in population size resulting from the 
MBSD than those caused by the DWH oil spill, which could potentially 
result in a decline and functional extinction of the BBES stock of 
common bottlenose dolphins.\1\
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    \1\ On February 9, 2018, Congress passed the Bipartisan Budget 
Act of 2018 (Budget Act), Public Law 115-123, which included a 
requirement that the Secretary of Commerce, as delegated to the 
Assistant Administrator of the National Marine Fisheries Service, 
issue a waiver of the Marine Mammal Protection Act moratorium and 
prohibitions for three projects included in the 2017 Louisiana 
Comprehensive Master Plan for a Sustainable Coast. The Mid-Barataria 
Sediment Diversion was identified as one of those projects. As 
required, NOAA Fisheries issued the waiver on March 15, 2018. More 
information on the waiver can be found at https://www.fisheries.noaa.gov/action/marine-mammal-protection-act-waiver-select-louisiana-coastal-master-plan-projects.
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Pacific Reports

    In 2023, NMFS reviewed all 85 stocks in the Pacific region (waters 
along the U.S. West Coast, within waters surrounding the main and 
Northwestern Hawaiian Islands, and within waters surrounding U.S. 
territories in the Western Pacific) for new information and revised 
SARs for thirty stocks (8

[[Page 5498]]

strategic and 22 non-strategic). A list of revised SARs in 2023 for the 
Pacific region is presented in table 3, followed by a non-exhaustive 
summary of the more notable issues or revisions in the Pacific region. 
Information on the remaining Pacific region stocks can be found in the 
final 2022 SARs (Carretta et al. 2023). Following the development of 
the draft 2023 SARs, NMFS published new population information for the 
Eastern North Pacific (ENP) gray whale. We plan to revise the ENP gray 
whale SAR in the 2024 cycle to incorporate the updated information.

  Table 3--List of Marine Mammal SARs in the Pacific Region Revised in
                                  2023
------------------------------------------------------------------------
            Strategic stocks                   Non-strategic stocks
------------------------------------------------------------------------
 Monk seal, Hawai[revaps]i *...   Harbor seal,
                                          Washington Northern Inland
                                          Waters.*
 Killer whale, Eastern North      Harbor seal, Southern
 Pacific Southern Resident *.             Puget Sound.*
 Sperm whale, CA/OR/WA *.......   Harbor seal, Hood
                                          Canal.*
 Blue whale, Eastern North        Harbor porpoise,
 Pacific.                                 Northern CA/Southern OR.*
 Fin whale, CA/OR/WA...........   Harbor porpoise,
                                          Central Oregon.**
 Sei whale, Eastern North         Harbor porpoise,
 Pacific *.                               Northern OR/Washington Coast.*
 False killer whale,              Minke whale, CA/OR/WA.
 Hawai[revaps]i Pelagic *.
 False killer whale, Main         Rough-toothed dolphin,
 Hawaiian * Islands Insular.              Hawai[revaps]i.*
                                          Risso's dolphin,
                                          Hawai[revaps]i.*
                                          Common bottlenose
                                          dolphin, Hawai[revaps]i
                                          Pelagic.*
                                          Common bottlenose
                                          dolphin, Kaua[revaps]i and
                                          Ni[revaps]ihau.*
                                          Common bottlenose
                                          dolphin, O'ahu.*
                                          Common bottlenose
                                          dolphin, Maui Nui.*
                                          Common bottlenose
                                          dolphin, Hawai[revaps]i
                                          Island.*
                                          Pantropical spotted
                                          dolphin, Hawai[revaps]i
                                          Pelagic.*
                                          Pantropical spotted
                                          dolphin, O'ahu.
                                          Pantropical Spotted
                                          dolphin, Maui Nui.
                                          Pantropical spotted
                                          dolphin, Hawai[revaps]i
                                          Island.
                                          Striped dolphin,
                                          Hawai[revaps]i Pelagic.*
                                          False killer whale,
                                          Northwest Hawaiian Islands.
                                          Short-finned pilot
                                          whale, Hawai[revaps]i.*
                                          Bryde's whale,
                                          Hawai[revaps]i.*
------------------------------------------------------------------------
* Includes updated abundance estimates.
** Denotes a new stock.

West Coast Harbor Porpoise Stocks

    The Northern California-Southern Oregon harbor porpoise stock is 
proposed to be split into two stocks: the Northern California-Southern 
Oregon and Central Oregon harbor porpoise stocks. In proposing this 
revised stock structure, NMFS followed the process outlined in its 
procedural directive 02-204-03: Reviewing and Designating Stocks and 
Issuing Stock Assessment Reports under the Marine Mammal Protection Act 
(NMFS 2019). Genetic evidence (Morin et al. 2021) supported delineation 
of two demographically independent populations (DIPs) within waters of 
Northern California and Southern Oregon. NMFS evaluated the 
conservation and management benefits and risks associated with managing 
the harbor porpoise in this region as two stocks, and determined there 
was greater potential conservation benefit under the MMPA if managed as 
two stocks rather than a single stock. Thus, the Northern California-
Southern Oregon harbor porpoise stock is proposed to be split into two 
stocks corresponding with the DIPs identified in Morin et al. (2021). 
The draft SARs present abundance estimates for the proposed Northern 
California-Southern Oregon and Central Oregon harbor porpoise stocks, 
derived from aerial surveys.

Pacific Islands Stock Name Changes

    As an ongoing effort to reflect indigenous knowledge, NMFS is 
proposing to rename Pacific Island marine mammal stocks to align with 
the original Hawaiian names of various islands and places where the 
stocks reside. For the 2023 SAR cycle, NMFS proposes to change the 
names of stocks with `4-Islands' in the name to `Maui Nui.' Maui Nui 
includes the islands of Moloka[revaps]i, L[amacr]na[revaps]i, Maui, and 
Kaho'olawe. In the future, NMFS plans to propose additional changes to 
include transitioning from the English name for some of the islands and 
atolls in the northwestern Hawaiian Islands to the original Hawaiian 
name.

Erratum: Response to Public Comment for 2022 SARs

    We note that due to a technical error in processing, we did not 
include in the list of significant comments on the draft 2022 SARs a 
joint comment submitted by Natural Resources Defense Council, 
Endangered Habitats League, Turtle Island Restoration Network, American 
Cetacean Society-Oregon Chapter, Cape Perpetua Collaborative, Center 
for Biological Diversity, Ocean Defenders Alliance, Defenders of 
Wildlife, Whale and Dolphin Conservation, and Oceana. However, the 
comment was addressed in a response published elsewhere in the 2022 
Final Stock Assessment Reports Federal Register notice (comment 17--
https://www.federalregister.gov/documents/2023/08/11/2023-17219/final-2022-marine-mammal-stock-assessment-reports).

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474, 316 p.

    Dated: January 22, 2024.
Evan Howell,
Director, Office of Science and Technology, National Marine Fisheries 
Service.
[FR Doc. 2024-01653 Filed 1-26-24; 8:45 am]
BILLING CODE 3510-22-P