[Federal Register Volume 90, Number 211 (Tuesday, November 4, 2025)]
[Notices]
[Pages 49237-49240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19776]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 90, No. 211 / Tuesday, November 4, 2025 /
Notices
[[Page 49237]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF105]
West Coast Take Reduction Team
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of establishment of the West Coast Take Reduction Team
and meeting; request for comment.
-----------------------------------------------------------------------
SUMMARY: NMFS is establishing a Take Reduction Team (TRT or Team) and
convening a meeting to address the incidental mortality and serious
injury of the Central America/Southern Mexico--CA/OR/WA (CAM) stock and
Mainland Mexico--CA/OR/WA (MM) stock of humpback whales in the WA/OR/CA
sablefish pot fishery. The TRT will develop a Take Reduction Plan (TRP
or Plan) as required by the Marine Mammal Protection Act (MMPA). The
TRT is charged with developing consensus recommendations to reduce
incidental mortality and serious injury of these stocks in this fishery
to levels approaching a zero mortality and serious injury rate for each
stock within 5 years of implementation of the plan pursuant to the
MMPA.
DATES: The initial meeting will be held on November 20, 2025 from 2:00
to 5:00 p.m. PST. Additionally, NMFS will work with the TRT once the
current government furlough has ended to schedule an in-person meeting
as soon as possible.
ADDRESSES: The first meeting of the West Coast TRT will be held
virtually. A link to the meeting will be provided on the West Coast TRT
website: https://www.fisheries.noaa.gov/west-coast/marine-mammal-protection/west-coast-take-reduction-team.
FOR FURTHER INFORMATION CONTACT: Lauren Saez, NMFS, West Coast Region,
(562) 400-9371, [email protected]; or Kristy Long, NMFS, Office of
Protected Resources, (206) 526-4792, [email protected].
SUPPLEMENTARY INFORMATION: Section 118(f)(1) of the MMPA requires NMFS
to develop and implement take reduction plans designed to assist in the
recovery or prevent the depletion of each strategic stock that
interacts with Category I and II fisheries.
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(2)). 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. Category I or II fisheries are fisheries that,
respectively, have frequent or occasional incidental mortality and
serious injury of marine mammals (16 U.S.C. 1387(c)(1)). Category I
fishery means a commercial fishery that frequently causes mortality or
serious injury (M/SI) of marine mammals is one that is by itself
responsible for the annual removal of 50 percent or more of any stock's
PBR level (50 CFR 229.2). Category II fishery means a commercial
fishery that occasionally causes M/SI of marine mammals is one that,
collectively with other fisheries, is responsible for the annual
removal of more than 10 percent of any marine mammal stock's PBR level
and that is by itself responsible for the annual removal of between 1
and 50 percent, exclusive, of any stock's PBR level (50 CFR 229.2).
As required under section 118(f)(8) of the MMPA, the TRT shall
develop a draft TRP by consensus, and shall submit this draft TRP to
NMFS no later than 6 months after the date of the establishment of the
TRT.
NMFS published a notice on September 29, 2023 (88 FR 67254) seeking
public comment on whether other Category I or II fisheries, beyond the
WA/OR/CA sablefish pot fishery, that incidentally kill or seriously
injure the CAM and MM stocks of humpback whales, should be addressed by
the Team. That notice also sought additional information relevant to
establishing this Team, including information about the factors
associated with risks of humpback whale or other large whale
entanglements in U.S. commercial fisheries in the Pacific Ocean, such
as 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, the agency sought to
identify interested stakeholders who may wish to serve as TRT members.
NMFS considered this information in its determination of the scope of
marine mammals and commercial fisheries to include in the West Coast
Take Reduction Team.
Marine Mammal Stocks Included Within the TRT Scope
Two humpback whale stocks identified in the U.S. Pacific Marine
Mammal Stock Assessment Reports (SAR) (Carretta et al., 2024) are
included within the scope of the TRT.
(1) Humpback whale, Central America/Southern Mexico--CA/OR/WA (CAM)
stock. Whales in this stock winter off the Pacific coast of Nicaragua,
Honduras, El Salvador, Guatemala, Panama, Costa Rica and likely
southern coastal Mexico (Taylor et al., 2021). Summer destinations
include the U.S. West Coast waters of California, Oregon, and
Washington (including the Salish Sea, Calambokidis et al., 2020). This
stock has been designated as strategic because the annual human-caused
M/SI (14.9 animals per year) exceeds the stock's PBR level (3.5 animals
per year) and because it is listed as endangered under the ESA
(Carretta et al., 2024).
(2) Humpback whale, Mainland Mexico--CA/OR/WA (MM) stock. Whales in
this stock winter off the mainland Mexico states of Nayarit and
Jalisco, with some animals seen as far south as Colima and
Michoac[aacute]n. Summer destinations include U.S. West Coast waters of
California, Oregon, Washington (including the Salish Sea, Martien et
al., 2021). The stock is designated as strategic because it is listed
as threatened under the ESA. Annual human-caused M/SI (22
[[Page 49238]]
animals/year) is 51.2 percent of the stock's PBR level (43 animals per
year) (Carretta et al., 2024).
The geographic ranges of these two humpback whale stocks overlap,
and the SAR proportions M/SI according to the relative abundance of
these stocks by latitude (Curtis et al., 2025). For example, in Central
California (34.45[deg] N to 38.769[deg] N) the proration values
associated with an individual M/SI are: CAM 0.4272, MM 0.5581, Hawaii
0.0076 and Mexico-North Pacific 0.0071.
Marine Mammal Stocks Not Included Within the TRT Scope
NMFS considered additional marine mammal stocks but determined not
to include the following within the scope of the TRT:
(1) Humpback whale, Hawai [revaps]i stock. Whales in the
Hawai[revaps]i stock winter off Hawai[revaps]i and largely summer in
Southeast Alaska and Northern British Columbia (Wade et al., 2021).
There are a small number of whales from this population that migrate
between Hawai[revaps]i and southern British Columbia/Washington (Wade
et al., 2021). Humpback whales that winter in Hawai[revaps]i are not
listed under the ESA. The minimum estimate of the mean annual U.S.
commercial fishery-related M/SI for this stock (8.39 whales) is less
than 10 percent of PBR (127) for the entire stock (10 percent of PBR =
12.7) and, therefore, is considered insignificant and approaching a
zero M/SI rate. NMFS is not including this stock in the scope of the
TRT because all fishery-related M/SI is insignificant.
(2) Humpback whale, Mexico-North Pacific stock. Whales in the
Mexico-North Pacific stock winter off Mexico at the Revillagigedo
Archipelago and summer off Alaska and northern British Columbia (Wade
et al., 2021). The PBR for this stock is unknown. The Mexico-North
Pacific stock of humpback whales is listed as threatened under the ESA
(Bettridge et al., 2015, Martien et al., 2021) and is considered
strategic under the MMPA. NMFS is not including this stock in the scope
of the TRT because the whales are not present off the U.S. West Coast
and therefore unlikely to be killed/seriously injured incidental to the
WA/OR/CA sablefish pot fishery.
(3) Blue whale, Eastern North Pacific stock. Blue whales in the
Eastern North Pacific stock may range as far west as Wake Island and as
far south as the Equator (Stafford et al., 1999, 2001). The U.S. West
Coast is an important feeding area in summer and fall, but,
increasingly, blue whales from the Eastern North Pacific stock are
found feeding in a wider range north and south of this area in summer
and fall. Commercial fishery-related M/SI (0.6 animals per year) does
not exceed this stock's PBR (4.1 animals per year), and the stock is
designated as strategic because it is listed as threatened under the
ESA (Carretta et al., 2024). NMFS is not including this stock in the
scope of the TRT because there has never been a documented entanglement
of blue whales incidental to the WA/OR/CA sablefish pot fishery.
(4) Fin whale, CA/OR/WA stock. Fin whales are found from temperate
to subpolar oceans worldwide, with a distributional hiatus between the
Northern and Southern Hemispheres within 20[deg] to 30[deg] of the
equator (Edwards et al., 2015). Fin whales occur throughout the North
Pacific, from the northeastern Chukchi Sea (Crance et al., 2015) to the
Tropic of Cancer (Mizroch et al., 2009), but their wintering areas are
poorly known. The CA/OR/WA stock of fin whales is considered a
strategic stock because it is listed as endangered under ESA. The
fishery-related M/SI (0.41/yr, including identified and prorated fin
whales) is less than 10 percent of the stock's PBR level (80) and,
therefore, is considered insignificant and approaching a zero M/SI
rate. NMFS is not including this stock in the scope of the TRT because
fishery-related M/SI is insignificant.
(5) Other marine mammal stocks in the West Coast Region. All other
marine mammal stocks in the West Coast Region that could be killed/
seriously injured incidental to the WA/OR/CA sablefish pot fishery are
already at or below the insignificance threshold, which has been
defined in MMPA implementing regulations as 10 percent of PBR (50 CFR
229.2), and will not be included in the scope of the TRT.
Commercial Fisheries Included Within the TRT Scope
The TRT will address the following fishery:
(1) WA/OR/CA sablefish pot fishery. This Category II fishery
operates along the west coast of the continental U.S. from southern CA
to the Canadian border at depths ranging from 75-375 fathoms (137-685
meters). This Category II fishery incidentally kills/seriously injures
two strategic stocks, triggering development of a Take Reduction Plan
per MMPA sec. 118(f)(1). The mean annual M/SI of the CAM stock of
humpback whales is 0.661 animals per year or 18.8 percent of the
stock's PBR level (3.5 animals per year). The mean annual M/SI of MM
stock of humpback whales is 0.902 animals per year or 2 percent of the
stock's PBR level (43 animals per year).
The sablefish pot fishery is composed of three different sectors.
There is the Individual Fishing Quota (IFQ) sector, the Limited Entry
sector (including both the primary sablefish fishery and the trip limit
fishery), and the Open Access sector. Each sector has varying levels of
at-sea observer coverage: the IFQ sector is covered at 100 percent
(through human observers or electronic monitoring), Limited Entry
sector is covered at approximately 30-40 percent, and Open Access
sector is covered at approximately 5 percent coverage. The largest
portion of the Limited Entry sector is the primary sablefish season
which occurs from April-December while the remainder of the Limited
Entry sector (trip limit fishery), the IFQ and Open Access sectors
operate year round. The majority of catch across all sectors occurs
May-October, peaking in the late summer and early fall months. There
have been four documented serious injuries of humpback whales
incidental to the sablefish pot fishery since 2014; one additional
animal was successfully disentangled.
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 for Biological Diversity v.
Raimondo (3:22-cv-00117-JD). As part of this Agreement, NMFS committed
to issue a notice establishing a Team by October 31, 2025, and to
convene the first Team meeting by November 30, 2025.
Commercial Fisheries Not Included Within the TRT Scope
NMFS considered the following six commercial fisheries and is not
including them in the scope of the TRT at this time. The sablefish pot
fishery is currently observed, which allows for estimating M/SI for
that fishery with existing methods. There is no currently available
methodology to estimate unobserved mortality in the state-managed
fisheries described below; those fisheries are not systematically
observed and the fisheries are generally prosecuted differently (e.g.,
single pots versus multi-trap strings) than the sablefish pot fishery.
NMFS is currently working to estimate bycatch of humpback whales to
more accurately assess the total number and impact of M/SI in these
fisheries. Once that information is available, NMFS will consider how
to address these fisheries under MMPA sec. 118. Information discussed
below for the CAM and MM stocks of humpback whales are from the
[[Page 49239]]
final 2023 SARs (Carretta et al., 2024) unless otherwise noted.
(1) California (CA) Dungeness crab pot fishery. The Category II CA
Dungeness crab pot fishery operates along the central and northern
coastal waters of CA in depths typically ranging from 10-40 fathoms,
although effort occurs out to 100 fathoms. The mean annual M/SI of CAM
humpback whales in this fishery is 2.01 animals per year, 57 percent of
the stock's PBR level (3.5). The mean annual M/SI of MM humpback whales
in this fishery is 2.74 animals per year, 6 percent of the stock's PBR
level (43). Entanglements of blue whales have also been documented with
the CA Dungeness crab pot fishery with a mean annual M/SI of 0.15
animals per year, 3.6 percent of the stock's PBR level (4.1).
(2) Oregon Dungeness crab pot fishery. The Category II Oregon
Dungeness crab pot fishery operates along the coastal waters of Oregon
in depths typically ranging from 10-50 fathoms, and within the Columbia
River. The mean annual M/SI of CAM humpback whales in this fishery is
0.148 animals per year, 4 percent of the stock's PBR level (3.5). The
mean annual M/SI of MM humpback whales in this fishery is 0.202 animals
per year, <1 percent of the stock's PBR level (43).
(3) Washington coastal Dungeness crab pot fishery. The Category II
Washington coastal Dungeness crab pot fishery operates in coastal
waters off the coast of Washington typically in depths less than 50
fathom ranging from the Columbia River to Cape Flattery near Neah Bay,
including the estuaries of the Columbia River, Grays Harbor, and
Willapa Bay. The mean annual M/SI of the CAM stock of humpback whales
is 0.065 animals per year, 1.8 percent the stock's PBR level (3.5).
(4) CA spot prawn pot fishery. The Category II CA spot prawn pot
fishery operates from Central California southward to the Mexican
border. The mean annual M/SI of the CAM stock humpback whales in this
fishery is 0.275 animals per year, 7.86 percent of the stock's PBR
level (3.5). The mean annual M/SI of the MM stock of humpback whales in
this fishery is 0.375 animals per year, <1 percent of the stock's PBR
level (43).
(5) CA spiny lobster pot fishery. The Category II CA spiny lobster
pot fishery occurs in the Southern California Bight, ranging from Point
Conception to the U.S.-Mexico border, including areas surrounding the
offshore Channel Islands. There was one serious injury of the CAM stock
of humpback whales documented in 2021 (Caretta et al. 2024).
(6) CA coonstripe shrimp pot fishery. The Category II CA coonstripe
shrimp pot fishery primarily occurs along a relatively narrow depth
range, between 20 and 30 fathoms (120-180 ft or 36.6-54.9 m) in
northern California and southern Oregon. There have been two documented
serious injuries of CAM humpback whales incidental to the CA coonstripe
shrimp pot fishery; and one additional animal was successfully
disentangled.
List of Invited Participants
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. 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.
Additional considerations for selecting prospective team members are
described in the scoping notice (88 FR 67254, September 29, 2023).
NMFS has asked the following individuals to serve as members of the
TRT, which is tasked with developing consensus recommendations to
reduce M/SI of CAM and MM humpback whale stocks incidental to the WA/
OR/CA sablefish pot fishery: Tim Obert--fisherman, Harrison Ibach--
fisherman, Poggy Lapham--fisherman, Stuart Schuttpelz--fisherman, Ben
Clampitt--fisherman, David Lethin--fisherman; Sierra Weaver--Defenders
of Wildlife, Kristen Monsell--Center for Biological Diversity, Andrea
Treece--Earthjustice, Kate Kauer--The Nature Conservancy, John
Calambokidis--Cascadia Research Collective, Leigh Torres--Oregon State
University, Waldo Wakefield--Oregon State University, Jonathan
Scordino--Makah Tribe, Jennifer Hagen--Quileute Nation, Brian Hoffman--
Hoh Indian Tribe, Dave Bingaman--Quinault Indian Nation, Chris Yates--
NMFS West Coast Regional Office, Kristy Long--NMFS Office of Protected
Resources, Rebecca Lent--Pacific Fisheries Management Council, Caren
Braby--Pacific State Marine Fisheries Commission, Laura Ingulsrud--NOAA
Office of National Marine Sanctuaries, Andrew Read--U.S. Marine Mammal
Commission, Heather Hall--Washington Department of Fish and Wildlife,
Jessica Watson--Oregon Department of Fish and Wildlife, and Joanna
Grebel--California Department of Fish and Wildlife.
Members of TRTs serve without compensation, but may be reimbursed
by NMFS, upon request, for allowable travel costs and expenses incurred
in performing their duties as members of the team. NMFS will convene
the TRT first meeting virtually on November 20, 2025 from 2:00 to 5:00
p.m. PST (see DATES and ADDRESSES). Additionally, NMFS will work with
the TRT once the current government furlough has ended to schedule an
in-person meeting as soon as possible.
NMFS fully intends to conduct the TRT process in a way that
provides for national consistency yet accommodates the unique regional
characteristics of the fishery and marine mammal stocks involved. Take
Reduction Teams are not subject to the Federal Advisory Committee Act
(5 App. U.S.C.). Meetings are open to the public, and will include time
for public comments.
References
Bettridge, S., Baker, C.S., Barlow, J., Clapham, P.J., Ford, M.,
Gouveia, D., Mattila, D.K., Pace III, R.M., Rosel, P.E., Silber,
G.K. and Wade, P.R., 2015. Status review of the humpback whale
(Megaptera novaeangliae) under the Endangered Species Act. NOAA
Technical Memorandum, NOAA-TM-NMFS-SWFSC-540. 240 p.
Carretta, James V., Erin M. Oleson, Karin A. Forney, Amanda L.
Bradford, Kym Yano, David W. Weller, Aim[eacute]e R. Lang, Jason
Baker, Anthony J. Orr, Brad Hanson, Jeffrey E. Moore, Megan Wallen,
and Robert L. Brownell Jr.. 2024. U.S. Pacific marine mammal stock
assessments: 2023. U.S. Department of Commerce, NOAA Technical
Memorandum NMFS-SWFSC-704. https://doi.org/10.25923/aqdn-f357.
Carretta, James V., Justin Greenman, Kristin Wilkinson, Lauren Saez,
Dan Lawson, and Justin Viezbicke. 2024a. Sources of human-related
injury and mortality for U.S. Pacific West Coast marine mammal stock
assessments, 2018-2022. U.S. Department of Commerce, NOAA technical
memorandum NMFS-SWFSC-705. https://doi.org/10.25923/tj6f-y570.
Calambokidis, J., and Barlow, J. 2020. Updated abundance estimates
for blue and humpback whales along the U.S. West Coast using data
through 2018. U.S. Department of Commerce, NOAA Technical Memorandum
NMFS-SWFSC-634.
Crance, J.L., C.L. Berchok, J. Bonnel, J. and A.M. Thode. 2015.
Northeasternmost record of a North Pacific fin whale (Balaenoptera
physalus) in the Alaskan Chukchi Sea. Polar Biol. 38: 1767
doi:10.1007/s00300-015- 1719-7.
Curtis, K. Alexandra, John Calambokidis, Katherina Audley, Elizabeth
A. Becker, Lars Bejder, Nancy Black, James V. Carretta, Paula
Cabanilles, Melvin G. Castaneda, Ted Cheeseman, Jens J. Currie,
Enrique de Luna, Jo[euml]lle De Weerdt, Nicole Doe, Thomas Doniol-
Valcroze, Kiirsten Flynn, Karin A. Forney, Astrid Frisch-
Jord[aacute]n, Shauna Fry, Christine Gabriele, Brian Gisborne,
[[Page 49240]]
Jessica L. Huggins, Edward Lyman, Pamela Mart[iacute]nez-Loustalot,
Christie J. McMillan, Adam A. Pack, Ester Quintana-Rizzo, Nicola
Ransome, Tasli J. H. Shaw, Andy Szabo, Leigh Torres, Jorge
Urb[aacute]n R., Martin van Aswegen, Janie Wray, Jeffrey Moore.
2025. Harnessing the power of photo-ID data for apportionment to
migratory whale herds: U.S. West Coast humpback whale stock
proportions by latitude for the period 2019-2024. U.S. Department of
Commerce, NOAA Technical Memorandum NMFS-SWFSC-723. https://doi.org/10.25923/ah7d-sj35.
Edwards, E.F., Hall, C., Moore, T.J., Sheredy, C. and Redfern, J.V.,
2015. Global distribution of fin whales Balaenoptera physalus in the
post-whaling era (1980-2012). Mammal Review, 45(4), pp.197-214.
Martien, K.K., Taylor, B.L., Archer, F.I., Audley, K., Calambokidis,
J., Cheeseman, T. De Weerdt, J., Frisch Jord[aacute]n, A.,
Mart[iacute]nez-Loustalot, P., Ortega-Ortiz, C.D., Patterson, E.M.,
Ransome, N., Ruvelas, P., Urb[aacute]n Ram[iacute]rez, J., and
Villegas-Zurita, F. 2021. Evaluation of Mexico Distinct Population
Segment of Humpback Whales as units under the Marine Mammal
Protection Act. U.S. Department of Commerce, NOAA Technical
Memorandum NMFS-SWFSC-658. https://doi.org/10.25923/nvw1-mz45.
Mizroch, S.A., D. Rice, D. Zwiefelhofer, J. Waite, and W. Perryman.
2009. Distribution and movements of fin whales in the North Pacific
Ocean. Mammal Rev. 39(3):193-227.
Stafford, K.M., S.L. Nieukirk, and C.G. Fox. 1999. An acoustic link
between blue whales in the eastern tropical Pacific and the
Northeast Pacific. Mar. Mamm. Sci. 15(4):1258-1268.
Stafford, K.M., S.L. Nieukirk, and C. G. Fox. 2001. Geographic and
seasonal variation of blue whale calls in the North Pacific. Journal
Cetacean Research and Management. 3:65-76.
Taylor, B.L., Martien, K.K., Archer, F.I., Audley, K., Calambokidis,
J., Cheeseman, T., De Weerdt J., Frisch Jord[aacute]n, A.,
Mart[iacute]nez-Loustalot, P., Ortega-Ortiz, C.D., Patterson, E.M.,
Ransome, N., Ruvelas, P., and Urb[aacute]n Ram[iacute]rez, J. 2021.
Evaluation of humpback whales wintering in Central America and
southern Mexico as a demographically independent population. U.S.
Department of Commerce, NOAA Technical Memorandum NMFS-SWFSC-655.
https://doi.org/10.25923/sgek-1937.
Wade, P.R., E.M. Oleson, and N.C. Young. 2021. Evaluation of
Hawai[revaps]i distinct population segment of humpback whales as
units under the Marine Mammal Protection Act. U.S. Dep. Commer.,
NOAA Tech. Memo. NMFSAFSC-430, 31 p.
Dated: October 31, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-19776 Filed 10-31-25; 4:15 pm]
BILLING CODE 3510-22-P