[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78711-78717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31693]
[[Page 78711]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD283
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Proposed Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS proposes to issue a permit for a period of three years to
authorize the incidental, but not intentional, taking of individuals
from five marine mammal stocks listed under the Endangered Species Act
(ESA) by the Bering Sea and Aleutian Islands (BSAI) flatfish trawl, the
BSAI pollock trawl, and the BSAI Pacific cod longline fisheries. In
accordance with the MMPA, NMFS must issue this permit provided 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 a take reduction plan and
monitoring program have been implemented, and vessels in these
fisheries are registered. NMFS has made a preliminary determination
that incidental taking from commercial fishing will have a negligible
impact on the endangered Western North Pacific (WNP) stock of humpback
whales, endangered Central North Pacific (CNP) stock of humpback
whales, endangered Western U.S. stock of Steller sea lions, threatened
Alaska stock of ringed seals, and Alaska stock of bearded seals.
Accordingly, 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 or threatened stocks of marine mammals.
DATES: Comments must be received by January 19, 2016.
ADDRESSES: You may submit comments, identified by FDMS docket Number
NOAA-NMFS-2014-0057, by either of the following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0057, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Jon Kurland, Assistant Regional
Administrator for Protected Resources, Alaska Region NMFS, Attn: Ellen
Sebastian, P.O. Box 21668, Juneau, AK 99802-1668.
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.
Electronic copies of the draft NID for the affected stocks and
copies of the recovery plans for humpback whales and Steller sea lions
are available at http://www.alaskafisheries.noaa.gov/cm/analyses/default.aspx and http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals.
FOR FURTHER INFORMATION CONTACT: Kristin R. Mabry, NMFS Alaska Region,
907-586-7490, [email protected]; or Shannon Betridge, NMFS Office
of Protected Resources, 301-427-8402, [email protected].
SUPPLEMENTARY INFORMATION:
Background
NMFS proposes to issue a three-year permit under MMPA section
101(a)(5)(E) to participants registered in the Alaska BSAI flatfish
trawl and BSAI pollock trawl fisheries to incidentally take individuals
from the following marine mammal stocks listed under the ESA: The
endangered WNP and CNP stocks of humpback whales, endangered Western
U.S. stock of Steller sea lions, threatened Alaska stock ringed seals;
and the Alaska stock of bearded seals; and to participants registered
in the BSAI Pacific cod longline fishery to incidentally take
individuals from the Alaska stock of ringed seals. The bearded seal
does not currently have status under the ESA because its ESA listing
was vacated by the U.S. District Court for the District of Alaska on
July 25, 2014. NMFS is appealing that decision. In the interim, NMFS
will continue to consider the effects of fisheries on bearded seals
under MMPA section 101(a)(5)(E), even though the ESA listing of the
species is currently not in effect.
Pursuant to section 101(a)(5)(E) of the MMPA, 16 U.S.C. 1361 et
seq., NMFS shall for a period of up to three consecutive years allow
the incidental, but not the intentional, 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 will have a negligible impact on the affected species or
stocks; (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 a permit under MMPA section 101(a)(5)(E) to
vessels registered in the BSAI pollock trawl, BSAI flatfish trawl, and
BSAI Pacific cod longline fisheries to incidentally take individuals
from the WNP and CNP stocks of humpback whales, the Western U.S. stock
of Steller sea lions, and Alaska stocks of ringed and bearded seals.
Because other stocks of threatened or endangered marine mammals are not
taken in Category I or Category II groundfish fisheries (as listed in
the 2016 List of Fisheries (LOF)), effects to no other species or
stocks are evaluated for this proposed permit. The data for considering
these authorizations were reviewed coincident with the preparation of
the 2016 MMPA List of Fisheries (80 FR 58427, September 29, 2015), the
2014 marine mammal stock assessment reports (SARs), and recovery plans
for humpback whales and Steller sea lions.
Based on observer data and marine mammal reporting forms, the BSAI
pollock trawl, BSAI flatfish trawl, and BSAI Pacific cod longline
fisheries are Category II fisheries that operate in the ranges of
affected stocks. A description of these fisheries can be found in the
draft NID (see ADDRESSES). These federally-managed fisheries take place
inside both state waters (from the coastline out to three nautical
miles) and federal waters (three to two
[[Page 78712]]
hundred nautical miles from shore). The federally-managed fisheries
inside Alaska state waters are often referred to as state ``parallel''
fisheries and are included in this authorization. All other Category II
fisheries that interact with these marine mammal stocks observed off
the coasts of Alaska are state-managed fisheries (as opposed to state
parallel fisheries). 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 injuries or mortality of marine
mammals incidental to their operations.
In accordance with the MMPA, NMFS has determined that incidental
taking from the BSAI pollock and flatfish trawl and BSAI Pacific cod
longline fisheries will have a negligible impact on WNP and CNP stocks
of humpback whales, the Western U.S. stock of Steller sea lions, and
Alaska stocks of ringed and bearded seals. This proposed authorization
is based on a determination that the incidental take of these fisheries
will have a negligible impact on the affected marine mammal stocks;
recovery plans have been completed for humpback whales and Steller sea
lions, and NMFS is developing recovery plans for ringed and bearded
seals; a monitoring program is established, vessels in the fisheries
are registered, and the necessary take reduction plan (TRP) has been
developed or is being developed.
A previous three-year MMPA permit was issued on December 13, 2010,
for BSAI flatfish trawl, BSAI pollock trawl, BSAI Pacific cod longline,
and BSAI sablefish pot, all Category II fisheries that were determined
to have negligible impacts on ESA-listed marine mammal stocks,
including: Humpback whale (WNP and CNP stocks), Steller sea lion
(Western and Eastern U.S. stocks), fin whale (northeastern Pacific
stock), and sperm whale (North Pacific stock) (75 FR 32689, December
29, 2010). Because that permit has expired, NMFS proposes to issue this
new three-year permit.
Basis for Determining Negligible Impact
Prior to issuing a permit to take ESA-listed marine mammals
incidental to commercial fishing, NMFS must determine if mortality and
serious injury (M/SI) incidental to commercial fisheries will have a
negligible impact on the affected species or stocks of marine mammals.
NMFS satisfied this requirement through completion of a draft NID (see
ADDRESSES).
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. 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 draft 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).
The negligible impact criteria are described below and use the
Potential Biological Removal (PBR) in their application. The MMPA
defines PBR as ``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 and was developed to assess the level of incidental take in
commercial fisheries.'' The PBR level is the product of the minimum
population estimate of the stock, one-half the maximum theoretical or
estimated net productivity rate of the stock at a small population
size, and a recovery factor of between .1 and 1.0.
Criteria for Determining Negligible Impact
In 1999, NMFS proposed criteria to determine whether M/SI
incidental to commercial fisheries will have a negligible impact on a
listed marine mammal stock for MMPA 101(a)(5)(E) permits (64 FR 28800,
May 27, 1999). In applying the 1999 criteria, Criterion 1 is whether
total known, assumed, or extrapolated human-caused M/SI is less than
10% of the potential biological removal level (PBR) for the stock. If
total known, assumed, or extrapolated human-caused M/SI is less than
10% 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. Criterion 2 is satisfied
if the total known, assumed, or extrapolated human-caused M/SI is
greater than PBR, but fisheries-related M/SI is less than 10% 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% 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% 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.
For its analysis NMFS used the 2014 SARs, which estimate mean or
minimum annual mortality from observed commercial fisheries. For the
ice seals, NMFS also reviewed previous incidental take statements (ITS)
associated with ESA section 7 consultations as indicators of the levels
of M/SI to these species from groundfish fisheries. ITS included in
biological opinions on federal fisheries actions estimate take over a
three-year period. In the case of ringed and bearded seals, NMFS used
the maximum observed mortality in a given year as the starting point in
generating the three-year average, as opposed to the annual average
mortality. Since PBRs for the two ice seals are not currently
available, NMFS considered both sources of data in the NID analysis for
making a negligible impact determination of the effects of M/SI from
groundfish fisheries on those species. The specific ITS comparison
analysis is available for review in the draft NID that accompanies this
notice.
The time frame for the data used in this analysis includes the most
recent five-year period for which data are available and have been
analyzed (2008-2012). The NMFS Guidelines for Assessing Marine Mammal
Stocks (GAMMS) and the subsequent GAMMS II provide guidance that, when
available, the most recent five-year time frame of commercial fishery
incidental serious injury and mortality data is an appropriate measure
of effects of fishing operations on marine mammals (Wade and Angliss
1997). A five-year time frame 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. In cases where available observer data are only available outside
that time frame, as is the case for state-managed fisheries, the most
recent observer data are used. Where entanglement data from the NMFS
Marine Mammal Health and Stranding Network are considered, the five-
year time frame from 2008-2012 is used. The draft NID made available
through this notice provides a complete analysis of the criteria for
determining whether commercial fisheries off Alaska
[[Page 78713]]
are having a negligible impact on the WNP and CNP stocks of humpback
whales, Western U.S. stock of Steller sea lions, and Alaska stocks of
ringed and bearded seals. A summary of the analysis and subsequent
determination follows.
Description of the Fisheries
A brief description follows of three Category II federally-managed
fisheries in the 2016 List of Fisheries (80 FR 58427, September 29,
2015) with documented M/SI of ESA-listed species during 2008-2012 and
considered in this NID analysis.
BSAI Flatfish Trawl Fishery
In 2008, Amendment 80 to the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands allocated most of the BSAI
flathead sole, rock sole, and yellowfin sole to the trawl catcher
processor sectors using bottom trawl gear. American Fisheries Act
catcher processors and trawl catcher vessels target yellowfin sole
allocated to the BSAI trawl limited access sector. Other vessel
categories and gear types catch some flatfish incidentally in other
directed fisheries. In 2013, 32 vessels targeted flatfish in the BSAI.
Rock sole is generally targeted during the roe season, January to
March. Then these vessels shift to several different targets; notably
Atka mackerel, arrowtooth flounder, flathead sole, yellowfin sole,
Pacific cod, and Pacific ocean perch. Vessels also can fish in the Gulf
of Alaska to fish for arrowtooth, Pacific cod, flathead sole, rex sole,
and rockfish. In the BSAI, most of the flathead sole, rock sole, and
yellowfin sole fisheries occur on the continental shelf in the eastern
Bering Sea in water shallower than 200 meters. Some effort follows the
contour of the shelf to the northwest and extends as far north as
Zhemchug Canyon. Very few flathead sole, rock sole, and yellowfin sole
are taken in the Aleutian Islands due to the limited shallow water
areas.
The SARs have documented incidental takes of marine mammals in this
fishery since 1988. Observer coverage during 2008-2012 was 100%.
Species taken include bearded seal, harbor porpoise and harbor seal
(Bering Sea), killer whale (Alaska resident), killer whale (GOA, AI,
and BS transient), northern fur seal (Eastern Pacific stock), spotted
seal (Alaska stock), ringed seal (Alaska stock), ribbon seal (Alaska
stock), Steller sea lion (Western U.S. stock), and Pacific walrus.
Tables 3-7 in the draft NID report the observed and mean annual
mortality of WNP and CNP stocks of humpback whales, Western U.S. stock
of Steller sea lions, and the Alaska stocks of bearded and ringed
seals.
BSAI Pollock Trawl Fishery
In 2013, 121 vessels targeted pollock in the Bering Sea and
Aleutian Islands management area. The pattern of the recent pollock
fishery in the BSAI is to focus on a winter, spawning-aggregation
fishery. The A season fishery is January 20 through June 10. Fishing in
this season lasts about 8-10 weeks depending on the catch rates. The B
season is June 10 through November 1. Fishing in the B season is
typically July through October and has been conducted to a greater
extent west of 170/W longitude compared to the A season fishing
location in the southern Bering Sea. Directed fishing is closed for
pollock in all areas from November 1 to January 20. Fishing is also
closed around designated rookeries and haulouts out to 20 nm and closed
within Steller sea lion foraging areas in the Bering Sea and Aleutian
Islands. The BSAI pollock total allowable catch (TAC) is allocated 40%
to the A season and 60% to the B season. No more than 28% of the annual
directed fishing allowance for pollock can be taken inside the Sea Lion
Conservation Area in the southern Bering Sea before April 1.
The SARs have recorded incidental takes of marine mammals in this
fishery since 1988. Observer coverage ranged from 85-98% during 2008-
2012. Species taken include Dall's porpoise (Alaska stock), harbor
seal, humpback whale (CNP stock), humpback whale (WNP stock), fin whale
(Northeast Pacific stock), killer whale (GOA, Aleutian Islands, and
Bering Sea Transient stocks), minke whale (Alaska stock), ribbon seal
(Alaska stock), spotted seal (Alaska stock), ringed seal (Alaska
stock), bearded seal (Alaska stock), northern fur seal (Eastern Pacific
stock), Steller sea lion (Western U.S. stock). Tables 3-7 in the draft
NID report the observed and mean annual mortality of WNP and CNP stocks
of humpback whales, Western U.S. stock of Steller sea lions, and the
threatened Alaska stocks of bearded and ringed seals.
BSAI Pacific Cod Longline Fishery
This fishery targets Pacific cod with hook and line gear in the
Bering Sea with 45 permits issued or fished. Fishing effort in this
fishery occurs within the U.S. EEZ of the Eastern Bering Sea and the
portion of the North Pacific Ocean adjacent to the Aleutian Islands,
which is west of 170 [deg] W. longitude up to the U.S.-Russian
Convention Line of 1867. Management measures for the BSAI groundfish
fisheries constrain fishing both temporally and spatially. The
authorized gear, fishing season, criteria for determining fishing
seasons, and area restrictions by gear type are defined in the
regulations implementing the BSAI fishery management plan (50 CFR part
679).
The SARs have recorded incidental takes of marine mammals in this
fishery since 1988. Observer coverage ranged 51-64% from 2008-2012.
Species taken include Dall's porpoise (Alaska stock), killer whale
(GOA, AI, and BS Transient stocks), northern fur seal (Eastern Pacific
stock), and ringed seal (Alaska stock). Table 7 in the draft NID
reports the observed and mean annual mortality of the Alaska stock
ringed seals.
Negligible Impact Determinations
The draft NID made available through this notice provides a
complete analysis of the criteria for determining whether commercial
fisheries off Alaska are having a negligible impact on WNP and CNP
stocks of humpback whales, Western U.S. stock of Steller sea lions, and
the Alaska stocks of bearded and ringed seals. A summary of the
analysis and subsequent determination follows.
Humpback Whale, WNP Stock
Criterion 1 was not satisfied because the total human-related
mortalities and serious injuries are not less than 10% PBR. The PBR
calculated for this stock is 3.0 animals (Allen and Angliss 2015). The
annual average M/SI to the WNP stock of humpback whales from all human-
caused sources is 2.16 animals, which is 71.87% of this stock's PBR
(above the 10% PBR (0.3 animals) threshold). As a result, NMFS cannot
make a negligible impact determination based on Criterion 1 and the
other criteria must be examined.
Criterion 2 was also not satisfied, because fisheries-related
mortality alone exceeds 10% of PBR. The estimate of fisheries-related
mortality is 0.9, which is 30% of the PBR.
NMFS used NID Criterion 3 to evaluate impacts of commercial
fisheries on the WNP stock of humpback whales because the total
fisheries related M/SI is greater than 10% of the stock's PBR but less
than PBR, and the stock is stable or increasing. The total of 0.9
fisheries-related M/SI per year is above 10% of PBR (0.3), and it is
below the stock's PBR of 3.0 animals. The 2014 SAR reports a 6.7%
annual rate of increase over the 1991-1993 estimate using the best
available information, but acknowledges that number is biased high to
an unknown degree with no
[[Page 78714]]
confidence limits. Further, there are only minor fluctuations in
expected fisheries-related M/SI. Using Criterion 3 and the best
available information on the population growth of the WNP stock of
humpback whales and on fisheries-related M/SI as reported in the 2014
SAR, NMFS determines that M/SI incidental to commercial fishing will
have a negligible impact on the stock.
Humpback Whale, CNP Stock
Criterion 1 was not satisfied because the total human-related
mortalities and serious injuries are not less than 10% PBR. The PBR
calculated for this stock is 82.8 animals. The annual average M/SI to
the CNP stock of humpback whales from all human-caused sources is 15.89
animals, which is 19.19% of this stock's PBR (above the 10% PBR (8.28
animals) threshold). As a result, NMFS cannot make a negligible impact
determination based on Criterion 1 and the other criteria must be
examined.
CNP humpback whales do not precisely fit the criteria as written
for Criterion 2 or 3. Criterion 2 is satisfied if the total known,
assumed, or extrapolated human-caused M/SI is greater than PBR, but
fisheries-related M/SI is less than 10% of PBR. Criterion 2 was not
satisfied because total human-caused mortality (15.89) does not exceed
PBR (82.8).
Criterion 3 is satisfied if total fishery-related M/SI is greater
than 10% PBR, less than PBR, and the population is stable or
increasing. The fisheries-related M/SI (3.95) for this stock is 4.77%
of PBR. The fisheries-related M/SI is less than 10% of PBR and
therefore less than PBR.
Although CNP humpback whales do not precisely meet the criteria for
Criterion 1, 2, or 3, data support a negligible impact determination
for this stock. The stock's population growth rate is increasing,
increases in fisheries-related M/SI are limited, and human-caused M/SI
is below PBR. The 2014 SAR reports a range of annual rates of
population increase from 4.9-10%, depending on the study and specific
area. These data suggest that the stock is increasing. The level of
total human-caused M/SI (15.89 animals) is 19.19% of the PBR and is
expected to remain below PBR for the foreseeable future. Thus, the
expected total human-caused M/SI is well below the Criterion 2 M/SI
threshold supporting a negligible impact determination. Further, there
are only minor fluctuations in fisheries-related M/SI. The expected
total fisheries-related M/SI is well below the Criterion 3 M/SI
threshold supporting a negligible impact determination. NMFS determines
that, based on the best available information, M/SI incidental to
commercial fishing will have a negligible impact on the stock.
Steller Sea Lion, Western U.S. Stock
Criterion 1 was not satisfied for Steller sea lion, Western U.S.
stock, because the total human-related mortalities and serious injuries
are not less than 10% PBR. The PBR calculated for this stock is 292
animals. The annual average M/SI to the Western U.S. stock of Steller
sea lion from all human-caused sources is 244.9 animals, which is
83.87% of this stock's PBR (above the 10% PBR (29.2 animals)
threshold). As a result, NMFS cannot make a negligible impact
determination based on Criterion 1 and the other criteria must be
examined.
Criterion 2 was also not satisfied. The total fishery-related M/SI
per year is 32.7 animals per year and is 11.2% of the stock's PBR of
292 animals. Total human-caused M/SI is 83.87% of the stock's PBR of
292 animals. Because total human-caused M/SI are not greater than PBR,
and fisheries-related mortality is not less than 10% PBR, NMFS cannot
make a negligible impact determination based on Criterion 2.
NMFS used NID Criterion 3 to evaluate impacts of commercial
fisheries on the Steller sea lion, Western U.S. stock because the total
fisheries related M/SI is greater than 10% of the stock's PBR but less
than PBR and the stock is stable or increasing. The total M/SI from
commercial fisheries of 32.7 animals per year is 11.2% of PBR (above
10% PBR), and is below the stock's PBR of 292; there are only minor
fluctuations in expected fisheries-related M/SI. The level of total
human-caused M/SI is estimated to be below PBR and is expected to
remain below PBR for the foreseeable future. Survey data collected
since 2000 indicate that Steller sea lion decline continues in the
central and western Aleutian Islands but regional populations east of
Samalga Pass have increased or are stable. Overall, the stock is
increasing at an annual rate of 1.67 (non-pups) and 1.45 (pups). Using
the best available information on this stock of Steller sea lions and
on the fisheries-related M/SI, NMFS determines that M/SI incidental to
commercial fishing will have a negligible impact on this stock based on
Criterion 3.
Bearded Seal, Alaska Stock
The best available information on total fisheries-related M/SI for
the bearded seal stock is not consistent with thresholds required for
NMFS to make a negligible impact determination for this stock based on
Criterion 1. NMFS estimates that total human-caused M/SI is likely
greater than 10% PBR based on the best available information on minimum
stock abundance and total human-caused M/SI. Although NMFS cannot
calculate PBR for this stock with the available information, NMFS
examined whether total human-caused M/SI for this stock is less than a
proxy for PBR based on the formula established in the MMPA for
calculating PBR. Section 3(20) of the MMPA defines PBR as ``the product
of the following factors: (A) The minimum population estimate of the
stock (NMIN); (B) one-half the maximum theoretical or
estimated net productivity rate of the stock at a small population size
(0.5RMAX); and (C) a recovery factor of between 0.1 and 1.0
(FR)'' (16 U.S.C. 1362(20)). PBR = NMIN x
0.5RMAX x FR.
NMFS evaluated the current human-caused M/SI under the assumption
that it represents a percentage of the stock's unknown PBR. When
considering Criterion 1, NMFS rearranged the PBR equation to estimate
whether total human-caused M/SI for this stock is likely less than 10%
of a proxy PBR for the stock, NMIN = PBR/(0.5RMAX
x FR).
The total human-caused M/SI is 6,790.22 animals. If this total
human related M/SI of 6,790.22 animals were equal to 10% of the stock's
PBR, NMIN would need to be 2,263,406 bearded seals (given a
FR of 0.5 and a recommended pinniped RMAX of
12%). An NMIN of 2,263,406 is far greater than the crude
estimate of 155,000 animals based on regional surveys throughout the
seal's Alaska range provided in the 2010 Status Review and even greater
than the more recent core area estimate of 61,800. Because this
population level is highly unlikely, NMFS determines that the annual
average total human-caused M/SI of 6,790.22 animals is likely greater
than 10% of PBR for this stock. Therefore, NMFS cannot make a
negligible impact determination for this stock based on Criterion 1,
and the other criteria must be examined.
NMFS used the equation in a similar manner to the process above in
Criterion 1 to evaluate whether Criterion 2 was satisfied (i.e., if
total human-caused M/SI is greater than PBR, but fisheries-related M/SI
is less than 10% of PBR). NMFS first evaluated whether the total human-
caused mortality estimate of 6,790.22 animals is likely greater than
the stock's proxy PBR. Based on the PBR equation, if the total human-
caused M/SI of 6,790.22 were equal to PBR, the NMIN for this
stock would need to be 226,340.7. However, core area estimate for the
central and eastern Bering Sea of 61,800 bearded seals and the 2010
Status Review estimate of 155,000 are
[[Page 78715]]
both considerably less than 226,340.7. If NMIN is less than
226,340.7 animals, solving for the proxy PBR level based on the PBR
equation would result in a proxy PBR level smaller than 6,790.22
animals. Therefore, NMFS estimates that total human-caused mortality is
greater than a proxy PBR.
NMFS then rearranged the PBR equation to evaluate whether
fisheries-related M/SI for this stock is likely equal to 10% of the
stock's proxy PBR, NMIN = PBR/(0.5RMAX x
FR). The annual average fisheries-related M/SI is 2.22
animals. If the annual average fisheries-related M/SI of 2.22 were
equal to 10% of the stock's proxy PBR, the proxy PBR level would be
22.2 animals. Based on the rearranged PBR equation above, an
NMIN of 740 animals would be required to calculate the proxy
PBR level of 22.2 animals.
As indicted above, NMFS reviewed other analyses in which M/SI to
bearded seals from groundfish fisheries has been evaluated. NMFS issued
an ITS authorizing take of bearded seals in the 2014 ESA section 7
consultation on the North Pacific groundfish fisheries. NMFS estimated
that 18.0 seals would be taken in a three-year period. Using an annual
average of 6.0 seals as a second estimate for annual fisheries-related
M/SI, if 6.0 bearded seals were equal to 10% of the stock's proxy PBR,
the proxy PBR level would be 60 animals. Based on the rearranged PBR
equation above, an NMIN of 2,000 animals would be required
to calculate the proxy PBR level of 60 animals.
Using the best information currently available, the core area
population estimate for the central and eastern Bering Sea of
approximately 61,800 bearded seals and the 2010 Status Review estimate
of 155,000 are both orders of magnitude greater than an NMIN
of 740 or 2,000 animals. Because these very low population levels are
highly unlikely, NMFS determines that fisheries-related M/SI is less
than 10% of a proxy PBR.
NMFS used NID Criterion 2 to evaluate impacts of commercial
fisheries on the bearded seal because the total human-caused M/SI are
likely greater than the stock's PBR, the total fisheries-related M/SI
are likely less than 10% of the PBR, and management measures are being
taken to address non-fisheries-related M/SI. Non-fisheries-related M/SI
as reported in the SARs include subsistence and research. The ESA
provides take exemption for subsistence harvest of listed species by
Alaska Natives (16 U.S.C. 1539(e)). Likewise, the MMPA provides take
exemption for subsistence harvest of marine mammals by Alaska Natives
(16 U.S.C. 1371(b)). Bearded seals, ringed seals, and other ice seal
species are co-managed by the Ice Seal Committee and NMFS by monitoring
subsistence harvest and cooperating on needed research and education
programs pertaining to ice seals. Currently, the subsistence harvest of
ice seals by Alaska Natives appears to be sustainable and does not pose
a threat to the populations.
Based on NID Criterion 2 and the best available information on
bearded seal population, fisheries-related M/SI, and total human-caused
M/SI, NMFS determines that M/SI incidental to commercial fishing will
have a negligible impact on the stock. This determination is supported
by review of M/SI incidental to U.S. commercial fishing, revealing
total commercial fishery M/SI is low, and the fisheries where bycatch
does occur are monitored extensively. If bycatch rates change, NMFS
would have that information relatively quickly and could reevaluate the
NID as necessary. Also, the non-fishery M/SI due to subsistence hunting
is monitored and although the current subsistence harvest is
substantial in some areas, there is little to no evidence that
subsistence harvests have or are likely to pose serious risks to the
Alaska stock of bearded seals.
Ringed Seal, Alaska Stock
The best available information on total fisheries-related M/SI for
the ringed seal stock is not consistent with thresholds required for
NMFS to make a NID for this stock based on Criterion 1. NMFS estimates
that total human-caused M/SI is likely greater than PBR based on the
best available information on minimum stock abundance and total human-
caused M/SI. Although NMFS cannot calculate PBR for this stock with the
available information, NMFS examined whether total human-caused M/SI
for this stock is less than a proxy for PBR based on the formula
established in the MMPA for calculating PBR. As described in the
Criterion 1 analysis for the bearded seal, NMFS rearranged the PBR
equation to estimate whether total human-caused M/SI for this stock is
likely less than 10% of the stock's PBR.
NMFS estimates that total human-caused M/SI for ringed seals is
9,571.32 animals. If the total human related M/SI of 9,571.32 animals
were equal to 10% of the stock's proxy PBR, the proxy PBR would have to
be 95,713.2 and NMIN for this population would need to be
3,190,440 ringed seals (given a FR of 0.5 and a recommended
pinniped RMAX of 12%). Because an NMIN of
3,190,440 ringed seals is far greater than the best available estimate
of 170,000 ringed seals in the U.S. EEZ of the Bering Sea in late April
(Conn et al. 2013), NMFS determines that the annual average M/SI to the
Alaska stock of ringed seal from all human-caused sources of mortality
(9,571.32) is likely greater than 10% of a proxy PBR for this stock.
Therefore, NMFS cannot make a negligible impact determination for this
stock based on Criterion 1, and the other criteria must be examined.
NMFS used the equation in a similar manner to the process above in
Criterion 1 to evaluate whether Criterion 2 was satisfied (i.e., if
total human-caused M/SI is greater than PBR, but fisheries-related M/SI
is less than 10% of PBR). NMFS first evaluated whether the total human-
caused mortality estimate of animals is likely greater than the stock's
proxy PBR. Based on the PBR equation, if the total human-caused M/SI of
9,571.32 were equal to a proxy PBR, the NMIN for this stock
would need to be 319,044. However, the best available population
estimate of 170,000 ringed seals is considerably less than 319,044
animals. If NMIN is less than 319,044, solving for a proxy
PBR based on the PBR equation would result in a proxy PBR smaller than
9,571.32 animals. Therefore, NMFS estimates that total human-caused M/
SI is greater than a proxy PBR.
NMFS then rearranged the PBR equation to examine whether fisheries-
related M/SI for this stock is likely equal to 10% of the stock's proxy
PBR, NMIN = PBR/(0.5RMAX x FR). The
annual average fisheries-related M/SI is 4.12 animals. If the annual
average fisheries-related M/SI of 4.12 were equal to 10% of the stock's
proxy PBR, the proxy PBR level would be 41.2 animals. Based on the
rearranged PBR equation above, an NMIN of 1,373 animals
would be required to calculate the proxy PBR level of 41.2 animals.
As with the bearded seals, NMFS also reviewed other analyses in
which M/SI to ringed seals from groundfish fisheries has been
evaluated. NMFS issued an incidental take statement authorizing take of
ringed seals in the 2014 ESA section 7 consultation on the North
Pacific groundfish fisheries. NMFS estimated that 36.0 seals would be
taken in a three-year period. Using an annual average of 12.0 seals as
a second estimate for annual fisheries-related M/SI, if 12.0 seals were
equal to 10% of the stock's proxy PBR, the proxy PBR level would be 120
animals. Based on the PBR equation above, an NMIN of 4,000
animals would be required to calculate the proxy PBR level of 120
animals.
Preliminary analysis of the U.S. surveys, which included only a
small
[[Page 78716]]
subset of the 2012 data, produced an estimate of 170,000 ringed seals
in the U.S. EEZ of the Bering Sea in late April. This estimate is
orders of magnitude greater than an NMIN of 1,373 animals or
4,000 animals. Because these very low population levels are highly
unlikely, NMFS determined that fisheries-related M/SI is less than 10%
of PBR.
Criterion 2 states that if the total human-caused M/SI are greater
than PBR and fisheries related mortality is less than 10% of PBR,
``individual fisheries may be permitted if management measures are
being taken to address non-fisheries-related M/SI.'' Non-fisheries-
related M/SI as reported in the SARs include subsistence and gunshots.
The ESA provides take exemption for subsistence harvest of listed
species by Alaska Natives (16 U.S.C. 1539(e)). Likewise, the MMPA
provides take exemption for subsistence harvest of marine mammals by
Alaska Natives (16 U.S.C. 1371(b)). Bearded seals, ringed seals, and
other ice seal species are co-managed by the Ice Seal Committee and
NMFS by monitoring subsistence harvest and cooperating on needed
research and education programs pertaining to ice seals. Currently, the
subsistence harvest of ice seals by Alaska Natives appears to be
sustainable and does not pose a threat to the populations.
Based on NID Criterion 2 and the best available information on
ringed seal population, fisheries-related M/SI, and total human-caused
M/SI, NMFS determines that M/SI incidental to commercial fishing will
have a negligible impact on the stock. This determination is supported
by review of M/SI incidental to U.S. commercial fishing, revealing
total commercial fishery M/SI is low, and the fisheries where bycatch
does occur are monitored extensively. If bycatch rates change, NMFS
would have that information relatively quickly and could reevaluate the
NID as necessary. Also, the non-fishery M/SI due to subsistence hunting
is monitored and although the current subsistence harvest is
substantial in some areas, there is little to no evidence that
subsistence harvests have or are likely to pose serious risks to the
Alaska stock of ringed seals.
Conclusions for Proposed Permit
In conclusion, based on the negligible impact criteria outlined in
1999 (64 FR 28800), the 2014 Alaska SARs, the best scientific
information and data available, NMFS has determined that for a period
of up to three years, M/SI incidental to the BSAI pollock trawl and
BSAI flatfish trawl fisheries will have a negligible impact on WNP and
CNP stocks of humpback whales, Western U.S. stock of Steller sea lions,
and Alaska stocks of bearded and ringed seals. Additionally, NMFS has
determined that for a period of up to three years, M/SI incidental to
the BSAI Pacific cod longline fishery will have a negligible impact on
the Alaska stock of ringed seals.
The impacts on the human environment of continuing and modifying
the Bering sea trawl fisheries, including the taking of threatened and
endangered species of marine mammals, were analyzed in the Biological
Opinion for Authorization of Groundfish Fisheries under the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Island
Management Area; in the Alaska Groundfish Harvest Specifications
Supplemental Information Report; the ESA section 7 Biological Opinion
that considered effects from the groundfish fisheries on bearded seals;
in the ESA section 7 Biological Opinion on Oil and Gas Leasing and
Exploration Activities in the U.S. Beaufort and Chukchi Seas; and in
the Biological Opinion on the Authorization of the Alaska Groundfish
Fisheries Under the Proposed Revised Steller Sea Lion Protection
Measures.
Because this 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.
Recovery Plans
Section 4(f) of the ESA requires that NMFS develop recovery plans
for ESA-listed species, unless such a plan will not promote the
conservation of the species. Recovery Plans for humpback whales and
Steller sea lions have been completed (see ADDRESSES). NMFS is
developing recovery plans for the Alaska stocks of both bearded and
ringed seals.
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. MMPA registration for participants in the BSAI trawl
and longline fisheries has been integrated with the Federal groundfish
limited entry permit process of the Federal Vessel Monitoring System.
Monitoring Program
BSAI trawl and longline fisheries considered for authorization
under this permit are monitored by NMFS-certified observers in the
North Pacific Groundfish Observer Program. The rate of observer
coverage is high (ranging from 50-100%) and is recorded by fishery and
by year in the draft NID analysis. Accordingly, as required by MMPA
section 118, a monitoring program is in place for the BSAI Pollock
trawl, flatfish trawl, and Pacific cod longline fisheries.
Take Reduction Plans
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. With the exception of the bearded
seal, the stocks considered for this permit are designated as strategic
stocks under the MMPA because they are listed as threatened or
endangered under the ESA (MMPA section 3(19)(C)). The three fisheries
considered for this permit are Category II fisheries. Therefore, the
four listed stocks and three fisheries meet the triggers for convening
a take reduction team (TRT) and developing a TRP.
The obligations to develop and implement a TRP are further subject
to the availability of funding. MMPA section 118(f)(3) contains
specific priorities for developing TRPs. At this time, NMFS has
insufficient funding available to simultaneously develop and implement
TRPs for all strategic stocks that interact with Category I or Category
II fisheries. As provided in MMPA sections 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 WNP and CNP stocks of humpback whale, the
Western U.S. stock of Steller sea lions, the Alaska stock of bearded
seals, and the Alaska stock of ringed seals as lower priorities
compared to other marine mammal stocks and fisheries for establishing
TRTs, based on M/SI levels incidental to those fisheries and population
levels and trends. Accordingly, given these factors and NMFS'
priorities, developing TRPs for these five stocks in these three
fisheries will be deferred under section 118 as other stocks/fisheries
are a higher priority for any available funding for establishing new
TRTs.
[[Page 78717]]
Solicitation for Public Comments
NMFS solicits public comments on the proposed permit and the
preliminary determinations supporting the permit. As noted in the
summary above, all of the requirements to issue a permit to the
following Federally-authorized fisheries have been satisfied: BSAI
pollock trawl, BSAI flatfish trawl, and BSAI Pacific cod longline.
Accordingly, NMFS proposes to issue a permit to participants in the
BSAI pollock and flatfish trawl Category II fisheries for the taking of
individuals from the WNP and CNP stocks of humpback whales, Western
U.S. stock of Steller sea lions, Alaska stock of bearded seals, and the
Alaska stock of ringed seals (the that occurs within the U.S. Exclusive
Economic Zone (EEZ) of the Beaufort, Chukchi, and Bering Seas)
incidental to the fisheries' operations, and proposes to issue a permit
to participants in the BSAI Pacific cod longline Category II fisheries
for the taking of individuals from the Alaska stock of ringed seals
incidental to the fisheries' operations (Table 1). 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.
Table 1--List of Fisheries Authorized To Take Specific Threatened and
Endangered Marine Mammals Incidental to Commercial Fishing Operations
------------------------------------------------------------------------
Fishery Category Marine mammal stock
------------------------------------------------------------------------
HI deep-set (tuna target) I False killer whale,
longline. MHI IFKW stock
Humpback whale, CNP
stock Sperm whale,
Hawaii stock
CA thresher shark/swordfish I Humpback whale, CA/OR/
drift gillnet (>14 in mesh). WA stock Sperm whale,
CA/OR/WA stock
HI shallow-set (swordfish II Humpback whale, CNP
target) longline/set line. stock
AK Bering Sea/Aleutian Islands II Humpback whale, CNP
flatfish trawl. stock Humpback whale,
WNP stock Steller sea
lion, Western U.S.
stock Bearded seal,
Alaska stock Ringed
seal, Alaska stock
AK Bering Sea/Aleutian Island II Humpback whale, CNP
pollock trawl. stock Humpback whale,
WNP stock Steller sea
lion, Western U.S.
stock Bearded seal,
Alaska stock Ringed
seal, Alaska stock
AK Bering Sea/Aleutian Islands II Ringed seal, Alaska
Pacific cod longline. stock
WA/OR/CA sablefish pot......... II Humpback whale, CA/OR/
WA stock
------------------------------------------------------------------------
Dated: December 11, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-31693 Filed 12-16-15; 8:45 am]
BILLING CODE 3510-22-P