[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50626-50631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20161]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC645
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Modification of Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing to issue an amended permit to authorize the
incidental, but not intentional, take of two stocks of marine mammals
listed as threatened or endangered under the Endangered Species Act
(ESA), under section 101(a)(5)(E) of the Marine Mammal Protection Act
(MMPA), by the California (CA) thresher shark/swordfish drift gillnet
fishery (>=14 in mesh) and the Washington (WA)/Oregon (OR)/CA sablefish
pot fishery. In accordance with the MMPA, NMFS must issue this permit
provided that it can make the determinations that: The incidental take
will have a negligible impact on the affected stocks; a recovery plan
for all affected stocks of threatened or endangered marine mammals has
been developed or is being developed; and as required by the MMPA, a
take reduction plan and monitoring program have been implemented, and
vessels in the CA thresher shark/swordfish drift gillnet fishery (>=14
in mesh) and the WA/OR/CA sablefish pot fisheries are registered. NMFS
has made a preliminary determination that incidental taking from
commercial fishing will have a negligible impact on the endangered
humpback whale (CA/OR/WA stock) and the endangered sperm whale (CA/OR/
WA stock). Recovery plans have been completed for humpback and sperm
whales. NMFS solicits public comments on the draft negligible impact
determination (NID) and on the proposal to issue a permit to vessels
that operate in these fisheries for the taking of affected endangered
stocks of marine mammals.
DATES: Comments must be received by September 24, 2014.
[[Page 50627]]
ADDRESSES: The draft amended Negligible Impact Determination and list
of references contained in this notice are available in electronic form
via the Internet at: http://www.westcoast.fisheries.noaa.gov/
protected--species/marine--mammals/marine--mammals.html.
You may submit comments, identified by NOAA-NMFS-2013-0073, by any
of the following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0073, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Send comments or requests to: Chris Yates, Assistant Regional
Administrator, Protected Resources Division, West Coast Region, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Comments may also be
faxed to (562) 980-4027.
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
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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Monica DeAngelis, NMFS West Coast
Region, (562) 980-3232, or Shannon Bettridge, NMFS Office of Protected
Resources, (301) 427-8402.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(E) of the MMPA, 16 U.S.C. 1361 et seq., states
that NMFS, as delegated by the Secretary of Commerce, shall for a
period of up to 3 years allow the incidental taking of marine mammal
species listed under the ESA, 16 U.S.C. 1531 et seq., by persons using
vessels of the United States and those vessels which have valid fishing
permits issued by the Secretary in accordance with section 204(b) of
the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1824(b), while engaging in commercial fishing operations, if NMFS makes
certain determinations. NMFS must determine, after notice and
opportunity for public comment, that: (1) Incidental mortality and
serious injury (M/SI) will have a negligible impact on the affected
species or stock; (2) a recovery plan has been developed or is being
developed for such species or stock under the ESA; and (3) where
required under section 118 of the MMPA, a monitoring program has been
established, vessels engaged in such fisheries are registered in
accordance with section 118 of the MMPA, and a take reduction plan has
been developed or is being developed for such species or stock.
NMFS proposes to issue an amended permit under MMPA section
101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish
drift gillnet fishery (14 in mesh) to incidentally take
individuals from two stocks of threatened or endangered marine mammals:
The CA/OR/WA stock of humpback whales (Megaptera novaeangliae) and the
CA/OR/WA stock of sperm whales (Physeter macrocephalus); and to vessels
registered in WA/OR/CA sablefish pot fishery to incidentally take
individuals from the CA/OR/WA stock of humpback whales. A history of
MMPA section 101(a)(5)(E) permits related to these stocks was included
in previous notices for other permits to take threatened or endangered
marine mammals incidental to commercial fishing (e.g., 72 FR 60814,
October 26, 2007; 78 FR 54553, September 4, 2013) and is not repeated
here. The data for considering these authorizations were reviewed
coincident with the 2014 MMPA List of Fisheries (LOF; 79 FR 14418,
March 14, 2014), final 2013 U.S. Pacific Marine Mammal Stock Assessment
(SAR; Carretta et al. 2014), Carretta and Moore (2014), Moore and
Barlow (in press), the Fishery Management Plan (FMP) for U.S. West
Coast Fisheries for Highly Migratory Species (HMS), recovery plans for
these species (available on the Internet at: http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals), the best scientific information and
available data, and other relevant sources.
The previous permit was issued on September 4, 2013 (78 FR 54553),
valid for a period of up to 3 years and expiring on September 4, 2016,
and covered the CA/OR/WA stocks of humpback, fin, and sperm whale.
Since issuing that permit, there have been significant changes in the
information and conditions used to make the negligible impact
determination for the permit issued on September 4, 2013 (78 FR 54553).
This proposed MMPA 101(a)(5)(E) permit amends the previously issued
permit, updates the information on the known biological and ecological
data on sperm and humpback whales, and updates information on human-
caused mortality and serious injury (HCM/SI), since the September 2013
permit (78 FR 54553). This proposed 101(a)(5)(E) permit would not
extend the expiration date and would remain effective until September
4, 2016. The draft amended NID does not include the CA/OR/WA fin whale
stock because there has been no observed take of a fin whale in the CA
thresher shark/swordfish drift gillnet fishery (>=14 in mesh) for the
past 15 years.
Based on observer data and marine mammal reporting forms, the
vessels operating in the Category I CA thresher shark/swordfish drift
gillnet fishery (>=14 in mesh) and the Category II WA/OR/CA sablefish
pot fishery are the Category I and II fisheries that operate in the
ranges of affected stocks, namely the CA/OR/WA stocks of humpback whale
and sperm whale, and are currently considered for authorization. A
detailed description of these fisheries can be found below. The CA
thresher shark/swordfish drift gillnet fishery (>=14 in mesh) is the
only Category I fishery operating off the coasts of California, Oregon,
and Washington. The WA/OR/CA sablefish pot fishery is the only
Federally-managed Category II fishery; all other Category II fisheries
that may interact with the marine mammal stocks observed off the coasts
of California, Oregon, and Washington are state-managed and are not
considered for authorization under this permit. NMFS calculated the
total known, assumed, or extrapolated HCM/SI to make a draft NID for
this proposed authorization and included all human sources, such as
commercial fisheries (not just the HCM/SI attributed to the two
fisheries considered for authorization) and ship strikes. Participants
in Category III fisheries are not required to obtain incidental take
permits under MMPA section 101(a)(5)(E) but are required to report any
mortality or injury of marine mammals incidental to their operations.
Basis for Determining Negligible Impact
Prior to issuing a permit to take ESA-listed marine mammals
incidental to commercial fishing, NMFS must determine if M/SI
incidental to commercial fisheries will have a negligible impact on the
affected species or stocks of marine mammals. NMFS satisfies this
requirement through completion of a draft NID. NMFS clarifies that
incidental M/SI from commercial fisheries includes M/SI from
entanglement in fishing gear or
[[Page 50628]]
ingestion of fishing gear. Indirect effects, such as the effects of
removing prey from habitat, are not included in this analysis. A
biological opinion prepared under ESA section 7 considers direct and
indirect effects of Federal actions (available at http://www.westcoast
.fisheries.noaa.gov/), and thus, contains a broader scope of analysis
than is required by MMPA section 101(a)(5)(E).
Although the MMPA does not define ``negligible impact,'' NMFS has
issued regulations providing a qualitative definition of ``negligible
impact'' as defined in 50 CFR 216.103, and through scientific analysis,
peer review, and public notice developed a quantitative approach. Thus,
as it applies here, the definition of ``negligible impact'' is ``an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to adversely affect the
species or stock through effects on annual rates of recruitment or
survival.'' The development of the approach is outlined in detail in
the current draft amended NID made available through this notice and
was described in previous notices for other permits to take threatened
or endangered marine mammals incidental to commercial fishing (e.g., 72
FR 60814, October 26, 2007; 78 FR 54553, September 4, 2013).
Criteria for Determining Negligible Impact
In 1999, NMFS adopted criteria for making negligible impact
determinations for MMPA 101(a)(5)(E) permits (64 FR 28800, May 27,
1999). In applying the 1999 criteria to determine whether M/SI
incidental to commercial fisheries will have a negligible impact on a
listed marine mammal stock, Criterion 1 is whether total known,
assumed, or extrapolated HCM/SI is less than 10 percent of the
potential biological removal level (PBR). If total known, assumed, or
extrapolated HCM/SI is less than 10 percent of PBR, the analysis would
be concluded, and the impact would be determined to be negligible. If
Criterion 1 is not satisfied, NMFS may use one of the other criteria as
appropriate. The remaining criteria describe alternatives under certain
conditions. Criterion 2 is satisfied if the total known, assumed, or
extrapolated HCM/SI is greater than PBR, but fisheries-related M/SI is
less than 10 percent of PBR. If Criterion 2 is satisfied, vessels
operating in individual fisheries may be permitted if management
measures are being taken to address non-fisheries-related mortality and
serious injury. Criterion 3 is satisfied if total fisheries-related M/
SI is greater than 10 percent of PBR and less than PBR, and the
population is stable or increasing. Fisheries may then be permitted
subject to individual review and certainty of data. Criterion 4
stipulates that if the population abundance of a stock is declining,
the threshold level of 10 percent of PBR will continue to be used.
Criterion 5 states that if total fisheries-related M/SI are greater
than PBR, permits may not be issued for that species or stock.
We considered two time frames for this analysis: 5 years (2009-
2013) and 13 years (2001-2013). The first time frame we considered for
both stocks of whales was the most recent 5-year period (here, January
1, 2009 through December 31, 2013) and is typically used for NID
analyses. A 5-year time frame in many cases provides enough data to
adequately capture year-to-year variations in take levels, while
reflecting current environmental and fishing conditions as they may
change over time. However, NMFS' Guidelines for Assessing Marine Mammal
Stocks (GAMMS) suggest that mortality estimates could be averaged over
as many years as necessary to achieve a coefficient of variation of
less than or equal to 0.3. For humpback whales, we used a 5-year period
consistent with the general recommendations in NMFS GAMMS for our final
determination.
However, Carretta and Moore (2014) recommend pooling longer time
series of data when bycatch is a rare event. For example, pooling 10
years of fishery data resulted in bycatch estimates within 25 percent
of the true bycatch rate over 50 percent of the time (i.e., estimates
were within 25 percent of the true value more often than not). Key to
this approach was that the fishery must have had sufficiently constant
characteristics (e.g., effort, gear, locations) to support the
inference of consistent results across years such as with the CA
thresher shark/swordfish drift gillnet fishery. Rare bycatch events
typically involve smaller populations paired with low observer coverage
in a fishery. If true bycatch mortality is low, but near PBR, then
estimation bias needs to be reduced to allow reliable evaluation of the
bycatch estimate against a low removal threshold.
Currently, the sperm whale is the only ESA-listed marine mammal
species interacting with the thresher shark/swordfish drift gillnet
fishery (>=14 in mesh) meeting the conditions described in Carretta and
Moore (2014): The stock has a relatively small minimum population
estimate (Nmin) and a member of the stock was recently
recorded as having been incidentally killed or seriously injured in a
rare event (in the CA thresher shark/swordfish drift gillnet fishery
(>=14 in mesh)). The post-2000 time period best represents the current
spatial state of the fishery and we therefore used the 13-year period
post-2000 to calculate mean annual mortality estimate for this stock of
sperm whales, based on recommendations contained in the GAMMS and
Carretta and Moore (2014).
Moore and Barlow (in press) used a Bayesian hierarchical trend
model for the CA/OR/WA sperm whale stock to more efficiently
incorporate all available survey information to calculate the
population abundance estimate using a longer time series to improve the
precision of abundance estimates. This new analysis by Moore and Barlow
(in press) estimates the minimum abundance at 1,332 sperm whales, using
the Bayesian hierarchical trend modeling of sighting data from 2001-
2012. The associated PBR for the CA/OR/WA stock of sperm whales is 2.7.
Negligible Impact Determinations
As explained above, the proposed permit amendment relies on a NID
that uses a new 13-year period for averaging sperm whale bycatch rates
rather than the 5-year period generally recommended in the NMFS GAMMS.
We used a 5-year period for humpback whales consistent with the general
recommendations in NMFS GAMMS for our final determination (note that a
13-year time period (2001-2013) also resulted in a finding of
negligible impact for humpback whales). The PBR for the CA/OR/WA
humpback whale stock is 11 animals.
The draft amended NID made available through this notice provides a
complete analysis of the criteria for determining whether commercial
fisheries off California, Oregon, and Washington are having a
negligible impact on the CA/OR/WA stocks of humpback whale and sperm
whale. A summary of the analysis and subsequent determination follows.
Criterion 1 Analysis
Criterion 1 would be satisfied if the total known, assumed, or
extrapolated human-caused M/SI is less than 10 percent of PBR. The 5-
year (2009-2013) average annual HCM/SI to the CA/OR/WA stock of
humpback whales from all human sources is 5.0 or 45.45 percent of the
PBR. The 13-year (2001-2013) average annual HCM/SI to the CA/OR/WA
stock of sperm whales from all human sources is 1.7 or 65.5 percent of
the PBR. Criterion 1 was not satisfied because the total known,
assumed, or extrapolated HCM/SI for these stocks is not less than 10
percent of PBR for the respective time period considered. As a
[[Page 50629]]
result, the other criteria must be examined for the CA/OR/WA stocks of
humpback and sperm whales.
Criterion 2 Analysis
Criterion 2 is satisfied if total known, assumed, or extrapolated
HCM/SI are greater than PBR and the total fisheries-related mortality
is less than 10 percent of PBR. Criterion 2 was not satisfied for the
CA/OR/WA stocks of humpback whales or sperm whales for each time frame
considered, based on the calculations described under Criterion 1. As a
result, the other criteria were examined.
Criterion 3 Analysis
Unlike Criteria 1 and 2, which examine total know, assumed, or
extrapolated HCM/SI relative to PBR, Criterion 3 compares total
fisheries-related M/SI to PBR. Criterion 3 would be satisfied if the
total commercial fisheries-related M/SI (including state and federal
fisheries) is greater than 10 percent of and less than 100 percent of
PBR for each stock for the respective time frame considered, and the
populations of these stocks are considered to be stable or increasing.
If the Criterion is met, vessels may be permitted subject to individual
review and certainty of data.
Criterion 3 was satisfied for the CA/OR/WA humpback whale stock as
the fishery-related M/SI from all commercial fisheries for the CA/OR/WA
humpback whale stock is estimated at 40 percent of PBR (5-year average
from 2009-2013 and between 10 percent and 100 percent of PBR), the
stock has experienced a positive growth rate (8 percent per year), and
there have been few known or assumed M/SI due to the subject fisheries.
Criterion 3 was satisfied for the CA/OR/WA sperm whale stock as the
total fishery-related M/SI is greater than 10 percent of and less than
100 percent of PBR, and the population is stable. The fishery-related
M/SI from all commercial fisheries for the CA/OR/WA sperm whale stock
is estimated at 57 percent of PBR for the 13-year period of 2001-2013.
A total of two sperm whales have been observed by NMFS' Federal
observers as either seriously injured or killed in the CA thresher
shark/swordfish drift gillnet fishery during the 13-year period since
2000. None have been observed interacting with the WA/OR/CA sablefish
pot fishery. The observed sperm whale takes were extrapolated by the
percent observer coverage for that year. In 2010, the observer coverage
was 11.9 percent and thus, the two observed animals are extrapolated to
a total of 16 animals. Over the 13-year period this results in a
bycatch rate that is 57 percent of PBR.
In addition, Moore and Barlow (in press) provided new analyses that
suggest that the revised abundance estimates are higher and more stable
across years than currently published values. Accordingly, Criterion 3
is satisfied in determining that M/SI of the CA/OR/WA sperm whale stock
incidental to commercial fishing would have a negligible impact on the
stock because of individual review of data regarding the stock,
including that the level of HCM is below the estimated PBR and the
stock is stable.
In conclusion, based on the criteria outlined in 1999 (64 FR
28800), the final 2013 U.S. Pacific Marine Mammal Stock Assessment
report (SAR; Carretta et al,. 2014), Carretta and Moore (2014), Moore
and Barlow (in press), and the best available scientific information,
available data and other sources, NMFS has determined that the M/SI
incidental to the CA thresher shark/swordfish drift gillnet fishery and
the WA/OR/CA sablefish pot fishery will have a negligible impact on the
CA/OR/WA stock of humpback whales and the CA thresher shark/swordfish
drift gillnet fishery will have a negligible impact on the CA/OR/WA
stock of sperm whales. NMFS therefore issues the draft amended NID and
proposes to modify the MMPA 101(a)(5)(E) permit issued on September 4,
2013, for the remainder of the 3-year period, expiring September 4,
2016. Specifically, NMFS proposes that vessels operating in these
identified commercial fisheries within the range of the CA/OR/WA
humpback and sperm whale stocks may be permitted subject to individual
review of the fishery and the certainty of relevant data, and provided
that the other provisions of section 101(a)(5)(E) are met.
Description of Fisheries
The following are the Federally-authorized fisheries classified as
Category I and II in the 2014 LOF (NMFS 2014), which are known to kill
or seriously injure ESA-listed marine mammals incidental to commercial
fishing operations. Detailed descriptions of those fisheries can be
found in the NMFS (2012) Final Biological Opinion on the groundfish
fishery management plan, dated December 7, 2012, for the fisheries
addressed in that Biological Opinion; the NMFS (2013) Biological
Opinion for the with the CA thresher shark/swordfish drift gillnet
fishery (>=14 in Mesh); the SARs (Carretta et al. 2014); and the draft
NID (http://www.westcoast.fisheries.noaa.gov/).
California Thresher Shark/Swordfish Drift Gillnet Fishery (>14 in Mesh)
Participants in the CA thresher shark/swordfish drift gillnet
fishery (>=14 in mesh) are also required to have a valid permit issued
annually by the California Department of Fish and Wildlife. In
accordance with MMPA section 118(c), only those vessels participating
in the CA thresher shark/swordfish drift gillnet fishery (>=14 in mesh)
that have registered with the Marine Mammal Authorization Program are
authorized to take marine mammals incidental to their fishing
operations. Vessels holding this authorization must comply with the
Pacific Offshore Cetacean Take Reduction Plan and implementing
regulations. Any vessel that violates regulations will be subject to
enforcement action. The estimated number of vessels in the fishery is
based upon the number of vessels that indicated intent to participate
in the fishery according to historical reference and may not be an
accurate estimate of the number of vessels actively engaged in fishing
in any given year. The CA thresher shark/swordfish drift gillnet
fishery (>=14 in mesh) is a limited entry program, managed with gear,
seasons, and area closures. The number of vessels participating in the
CA thresher shark/swordfish drift gillnet fishery (>=14 in mesh) has
decreased from 148 permits issued and 98 active vessels in 1998 to 72
permits issued and 19 active vessels in 2013 (CDFW License and Revenue
Branch, extracted June 13, 2014). Information on the number of active
permit holders was obtained from the ``Status of the U.S. west coast
fisheries for HMS through 2004; Stock Assessment and Fishery
Evaluation'' report, available from the Pacific Fishery Management
Council Web site (www.pcouncil.org).
The CA thresher shark/swordfish drift gillnet fishery (>=14 in
mesh) targets swordfish and thresher shark. It operates outside of
state waters from the U.S./Mexico border in the south to the Oregon
border in the north, depending on sea temperature conditions.
Regulations restrict the fishery to waters outside 200 nm from February
1 through April 30, outside 75 nm from May 1 through August 14, while
allowing fishing inside 75 nm from August 15 through January 31.
Vessels in this fishery targeting swordfish tend to set on warm ocean
water temperature breaks, which do not appear along the California
coast until late summer. Because of these restrictions, vessels are not
active during February, March, and April, and very little fishing
effort
[[Page 50630]]
occurs during the months of May, June, and July.
In 2001, a seasonal (15 August-15 November) area closure was
implemented in the CA thresher shark/swordfish drift gillnet fishery
(>=14 in mesh) north of Point Conception to protect leatherback turtles
that feed in the area and were observed entangled in previous fishing
seasons. Additional seasonal/area closures in southern California have
been established in the CA thresher shark/swordfish DGN fishery to
protect loggerhead turtles during a forecast or occurring El Nino event
during the months of June, July and/or August.
The NMFS West Coast Region has operated an at-sea observer program
in the CA thresher shark/swordfish drift gillnet fishery (>=14 in mesh)
since July 1990 to the present, and the California Department of Fish
and Wildlife operated a drift gillnet observer program from 1980-90.
The objectives of the NMFS observer program are to record, among other
things, information on non-target fish species and protected species
interactions. Information regarding the thresher shark/swordfish drift
gillnet fishery (>=14 in mesh) interactions with listed marine mammal
species was drawn from observer program records for the calendar years
1990-2013 (NMFS, 2014). NMFS typically targets 20 percent observer
coverage of the annual sets by the CA thresher shark/swordfish drift
gillnet fishery (>=14 in mesh) fleet, with close to 100 percent of net
retrievals monitored on observed trips for, among other things, species
identification and enumeration.
Washington/Oregon/CA Sablefish Pot Fishery
The WA/OR/CA sablefish pot fishery targets sablefish using
trapezoid, conical, or rectangular steel frame traps (NMFS, 2005),
wrapped with 3.5 inch nylon webbing. The fishery generally sets gear in
waters past the 100 fathom (600 ft; 182.88 m) curve off the west coast
of the United States. The fishery is managed under regulations
implementing the West Coast Groundfish FMP developed by the Pacific
Fishery Management Council. There are two separate trap fisheries for
sablefish: limited entry and open access. The limited entry fishery is
further divided into: (1) Vessels fishing in the limited entry fixed
gear fishery with a limited entry permit endorsed for pot and/or
longline gear, and (2) (since 2011) vessels fishing in the limited
entry trawl fishery with a limited entry permit endorsed for trawl gear
but fishing with ``non-trawl'' gear including pot gear (called ``gear
switching'' in the trawl fishery's Shore-based Individual Fishing Quota
Program).
The primary fishery (limited entry) is composed of a three-tier
system of cumulative landing quotas within a restricted season, from
April 1 to October 31. Permits were assigned to a tier based on landing
history when the system originally began in 1998. There are 32 Limited
Entry Permits issued for the sablefish trap fishery on the West Coast
(NWFSC, 2010), and the current estimated number of participants is 309.
Fishing outside of the primary season or after fulfillment of tier
quota is allowed subject to daily and weekly trip limits (NWFSC, 2010).
The limited entry permits are currently associated with vessels spread
throughout the Pacific Northwest from Northern California through
Washington. Up to three permits may be stacked for cumulative landings
on one vessel; including both trap and longline gear endorsements
(NWFSC, 2010). Accounting for stacking of permits, there were 41
vessels using traps only and five using a combination of traps and
longline to catch their quota of sablefish in 2014 (NWFSC, 2014).
The open access fishery is available to fishermen year round. North
of 36[deg] N. (California), the trip limit is 300 lb/day or 1 landing
of 700 lb per week, not to exceed 2,100 lb over 2 months. South of
36[deg] N, the limit goes up to 350 lb/day or one landing of 1,050 lb
per week. NOAA's Northwest Fisheries Science Center estimates 204
fishermen (number of permits, not reflective of number of active
fishermen) participating in the open access sector in 2014 based on a
query, conducted on June 17, 2014 of the NMFS groundfish Web site
(https://www.webapps.nwfsc.noaa.gov/apex_ifq/f?p=112:23).
In California, a general trap permit is required for the open
access sector for sablefish and gear is set outside 150 fathoms, with
an average depth of 190 fathoms. South of Point Arguello, near Santa
Barbara, the minimum depth for setting traps targeting sablefish is 200
fathoms. There is no depth requirement north of Point Arguello. Daily
logbook reporting is required by the state. Multiple traps are
connected to a common ground line, \5/8\th inch nylon line, at depths
between 100 and 375 fathoms up to 600 fathoms with an average of 190
fathoms in California (NMFS, 2010). Traps are spaced on average 20
fathoms apart, with a range of 15 to 40 fathoms (NMFS, 2005). Limited
entry permit holders will commonly fish 20 to 30 traps per string, as
opposed to open access fishermen who fish several smaller strings of
one to eight strings with three to four traps per string (NMFS, 2010),
each with a float line and buoy stick.
Conclusions for Proposed Permit
Based on the above assessment and as described in the accompanying
draft NID, NMFS concludes that the incidental M/SI from the CA thresher
shark/swordfish drift gillnet fishery (>=14 in mesh) and WA/OR/CA
sablefish pot fishery will have a negligible impact on the CA/OR/WA
stock of humpback whales and the CA/OR/WA stock of sperm whales, and
the WA/OR/CA sablefish pot fishery will have a negligible impact on the
CA/OR/WA stock of humpback whales.
The National Environmental Policy Act (NEPA) requires Federal
agencies to evaluate the impacts of alternatives for their actions on
the human environment. The impacts on the human environment of
continuing and modifying the CA thresher shark/swordfish drift gillnet
fishery (>=14 inch mesh) (as part of the HMS fisheries) and the WA/OR/
CA sablefish pot fishery (as part of the West Coast groundfish
fisheries), including the taking of threatened and endangered species
of marine mammals, were analyzed in: The Pacific Fishery Management
Council Highly Migratory Species FMP final environmental impact
statement (August 2003); the Pacific Fishery Management Council
Proposed Harvest Specifications and Management Measures for the 2013-
2014 Pacific Coast Groundfish Fishery and Amendment 21-2 to the Pacific
Coast FMP (September 2012); Risk assessment of U.S. West Coast
groundfish fisheries to threatened and endangered marine species
(NWFSC, 2012); and in the Final Biological Opinion prepared for the
West Coast groundfish fisheries (NMFS, 2012) and the draft Biological
Opinion for the CA thresher shark/swordfish drift gillnet fishery (>=14
inch mesh) (NMFS, 2013), pursuant to the ESA. Because this proposed
permit would not modify any fishery operation and the effects of the
fishery operations have been evaluated fully in accordance with NEPA,
no additional NEPA analysis is required for this permit. Issuing the
proposed permit would have no additional impact to the human
environment or effects on threatened or endangered species beyond those
analyzed in these documents. NMFS now reviews the remaining
requirements to issue a permit to take the subject listed species
incidental to the CA thresher shark/swordfish drift gillnet fishery
(>=14 inch mesh) and WA/OR/CA sablefish pot fisheries.
[[Page 50631]]
Recovery Plans
Recovery Plans for humpback whales and sperm whales have been
completed (see http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals).
Accordingly, the requirement to have recovery plans in place or being
developed is satisfied.
Vessel Registration
MMPA section 118(c) requires that vessels participating in Category
I and II fisheries register to obtain an authorization to take marine
mammals incidental to fishing activities. Further, section 118(c)(5)(A)
provides that registration of vessels in fisheries should, after
appropriate consultations, be integrated and coordinated to the maximum
extent feasible with existing fisher licenses, registrations, and
related programs. Participants in the CA thresher shark/swordfish drift
gillnet fishery (>=14 inch mesh) and WA/OR/CA sablefish pot fisheries
already provide the information needed by NMFS to register their
vessels for the incidental take authorization under the MMPA through
the Federal groundfish limited entry permit process of the Federal
Vessel Monitoring System. Therefore, vessel registration for an MMPA
authorization is integrated through those programs in accordance with
MMPA section 118.
Monitoring Program
The CA thresher shark/swordfish drift gillnet fishery (>=14 inch
mesh) has been observed since the early 1990s. Levels of observer
coverage vary over years but are adequate to produce reliable estimates
of M/SI of listed species (e.g., from 2000-2012, coverage ranged from
approximately 12 to 22.9 percent). As part of the West Coast groundfish
fishery and Magnuson-Stevens Fishery Conservation and Management Act
objectives, the WA/OR/CA sablefish pot fishery, as managed under the
groundfish FMP, and was observed in 2012 at approximately 73 percent.
Accordingly, as required by MMPA section 118, a monitoring program is
in place for both fisheries.
Take Reduction Plans
Subject to available funding, MMPA section 118 requires the
development and implementation of a Take Reduction Plan (TRP) in cases
where a strategic stock interacts with a Category I or II fishery. The
two stocks considered for this permit are designated as strategic
stocks under the MMPA because they are listed as endangered under the
ESA (MMPA section 3(19)(C)).
In 1996, NMFS convened a take reduction team (TRT) to develop a TRP
to address the incidental taking of several strategic marine mammal
stocks, including CA/OR/WA stocks of sperm whales and humpback whales,
in the CA thresher shark/swordfish drift gillnet fishery (>=14 in
mesh). The Pacific Offshore Cetacean TRP was implemented through
regulations in October, 1997 (62 FR 51813) and has been in place ever
since. Although a TRP is in place for the gillnet fishery, there is not
one in place for the pot fishery.
The short- and long-term goals of a TRP are to reduce mortality and
serious injury of marine mammals incidental to commercial fishing to
levels below PBR and to a zero mortality rate goal, defined by NMFS as
10 percent of PBR, respectively. MMPA section 118(b)(2) states that
fisheries maintaining such M/SI levels are not required to further
reduce their M/SI rates. However, the obligations to develop and
implement a TRP are subject to the availability of funding. MMPA
section 118(f)(3) (16 U.S.C. 1387(f)(3)) contains specific priorities
for developing TRPs. NMFS has insufficient funding available to
simultaneously develop and implement TRPs for all stocks that interact
with Category I or Category II fisheries. As provided in MMPA section
118(f)(6)(A) and (f)(7), NMFS used the most recent SARs and LOF as the
basis to determine its priorities for establishing TRTs and developing
TRPs. Through this process, NMFS evaluated the CA/OR/WA stock of
humpback whales and the WA/OR/CA sablefish pot fishery and identified
it as a lower priority compared to other marine mammal stocks and
fisheries for establishing TRTs, based on population trends of the
stock and M/SI levels incidental to that commercial fishery. In
addition, NMFS continues to collect data to categorize fixed gear
fisheries and assess their risk to large whales off the U.S. west
coast. Accordingly, given these factors and NMFS' priorities,
implementation of the developing TRP for the WA/OR/CA sablefish pot
trap fishery and other similar Category II fisheries will be deferred
under section 118 as other stocks/fisheries are a higher priority for
any available funding for establishing new TRPs.
As noted in the summary above, all of the requirements to issue a
permit to the following Federally-authorized fisheries have been
satisfied: The CA thresher shark/swordfish DGN fishery (>=14 inch mesh)
and WA/OR/CA sablefish pot fishery. Accordingly, NMFS proposes to issue
a permit to participants in these Category II fisheries for the taking
of CA/OR/WA humpback whales and CA/OR/WA sperm whales incidental to the
fisheries' operations. As noted under MMPA section 101(a)(5)(E)(ii), no
permit is required for vessels in Category III fisheries. For
incidental taking of marine mammals to be authorized in Category III
fisheries, any mortality or serious injury must be reported to NMFS.
Solicitation of Public Comments
NMFS solicits public comments on the proposed permit and the
preliminary determinations supporting the permit. Specifically, we seek
comments on:
The use of the revised abundance estimates in Moore and
Barlow (in press); and
The use of a 13-year time period for estimating expected
incidental mortality of sperm whales in the gillnet fishery.
Dated: August 20, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2014-20161 Filed 8-22-14; 8:45 am]
BILLING CODE 3510-22-P