[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13694-13695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03664]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD698]


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 (MMPA) of 
1972, and the False Killer Whale Take Reduction Plan, NMFS is 
publishing a new trigger value for the Southern Exclusion Zone (SEZ) 
closure. The new trigger is three 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: Elena Duke, NMFS Pacific Islands 
Region, (808) 725-5134, [email protected]; or Kristy Long, NMFS 
Office of Protected Resources, (301) 427-8402, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 118(f) of the MMPA, on December 31, 2012, NMFS 
implemented the False Killer Whale Take Reduction Plan (Plan). The Plan 
establishes a framework 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).
    In accordance with the Plan, NMFS issued regulations to establish 
the SEZ (50 CFR 229.37(d)(2)). These regulations require NMFS to close 
the SEZ to deep-set longline fishing when a certain number (trigger) of 
false killer whale M/SI are observed in the deep-set longline 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 
Papah[amacr]naumoku[amacr]kea Marine National Monument, and on the 
south by the EEZ boundary (see fig. 1). The SEZ trigger is defined in 
Sec.  229.37(e)(2) as the larger of either of these 2 values: (i) 2 
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). For the first year of 
the Plan's implementation, NMFS established the trigger value as 2 
observed false killer whale M/SI by the deep-set longline fishery 
within the EEZ around Hawaii (77 FR 71259, November 29, 2012), based on 
the PBR level 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., 2012). The Plan specifies the trigger value (2) will 
remain valid until NMFS publishes a new trigger value in the Federal 
Register (Sec.  229.37(e)(1)). NMFS published a new trigger value on 
December 15, 2020 following a change in the abundance estimate, which 
changed the trigger value from 2 to 4 observed M/SI of false killer 
whales (85 FR 81184, December 15, 2020).

[[Page 13695]]

[GRAPHIC] [TIFF OMITTED] TN23FE24.003

    NMFS set the annual observer coverage rate in the Hawaii deep-set 
longline fishery for 2024 at 13.5 percent. Observer coverage was 
previously set at 20 percent, but has been reduced due to increased 
program costs and available funding for the observer program. The 
abundance estimate for the Hawaii pelagic stock of false killer whales 
is 2,086 (CV = 0.35) individuals in the Hawaii EEZ. The minimum 
population abundance (Nmin), used for calculating PBR, is 
1,567 animals within the EEZ around Hawaii.\1\ The PBR published in the 
final 2022 SAR for this stock within the EEZ is calculated as 16 
pelagic false killer whales (Carretta et al., 2023). Based on the 
current published PBR of 16 whales for the Hawaii pelagic stock of 
false killer whales within the EEZ, and the 2024 annual observer 
coverage (13.5 percent), the trigger value is calculated as 3 observed 
M/SI of false killer whales. This value is smaller than the currently 
published trigger value because of the decrease in the observer 
coverage rate. Therefore, NMFS sets the trigger value for SEZ closure 
at three observed false killer whale M/SI in the deep-set longline 
fishery in the EEZ around Hawaii.
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    \1\ At a March 2023 False Killer Whale Take Reduction Team 
meeting, NMFS introduced a False Killer Whale Management Area that 
included areas inside and outside the EEZ around Hawaii with a PBR 
calculated to be 33 pelagic false killer whales. The False Killer 
Whale Management Area and associated PBR are not yet available for 
current management use. NMFS is using the PBR (16) from the 2022 
final SAR to revise the SEZ trigger.
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    Information on the Plan is available on the internet at the 
following address: https://www.fisheries.noaa.gov/national/marine-mammal-protection/false-killer-whale-take-reduction. 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 
three observed false killer whale M/SI in the deep-set longline fishery 
in the EEZ around Hawaii.

References

Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. 
Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D. 
Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill. 
2012. U.S. Pacific Marine Mammal Stock Assessments: 2012. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-504. 378p.
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.

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

    Dated: February 16, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-03664 Filed 2-22-24; 8:45 am]
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