Marine Mammal Protection Act; Stock Assessment Reports, 45238-45240 [E8-17804]
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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices
Despite the clear demonstration that
the threats identified at the time of
listing impact individual tortoises, there
are few data available to evaluate or
quantify the effects of threats on desert
tortoise populations. While current
research results can lead to predictions
about how local tortoise abundance
should be affected by the presence of
threats, quantitative estimates of the
magnitude of these threats, or of their
relative importance, have not yet been
developed.
While precise correlations between
the multitude of threats and desert
tortoise populations have not been
clearly shown, a great deal of effort has
been put forth by research scientists and
land managers to actively conserve the
species. Substantive datasets pertaining
to disease, non-native invasive plant
species, and fire have been assembled
over the years that will be used to
inform decisions relative to desert
tortoise recovery. Conservation actions
such as land acquisitions, installing
protective fencing, retiring grazing
allotments, limiting off-highway vehicle
access, and implementing restoration
projects have been important recovery
and management efforts based on our
current state of knowledge regarding the
threats facing the species.
The revised strategy emphasizes
partnerships to direct and maintain
focus on implementing recovery actions
and a system to track implementation
and effectiveness of those actions. The
strategic elements listed herein are part
of a multi-faceted approach designed to
improve the 1994 Recovery Plan. The
goals of the revised recovery plan are
recovery and delisting of the desert
tortoise. The objectives and recovery
criteria address demography (maintain
self-sustaining populations of desert
tortoises within each recovery unit into
the future); distribution (maintain welldistributed populations of desert
tortoises throughout each recovery unit);
and habitat (ensure that habitat within
each recovery unit is protected and
managed to support long-term viability
of desert tortoise populations. The
strategic elements include the following:
(1) Develop, support, and build
partnerships to facilitate recovery; (2)
protect existing populations and habitat,
instituting habitat restoration where
necessary; (3) augment depleted
populations in a strategic, experimental
manner; (4) monitor progress toward
recovery, includes population trend and
effectiveness monitoring; (5) conduct
applied research and modeling in
support of recovery efforts within a
strategic framework; and (6) implement
a formal adaptive management program
that integrates new information and
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utilizes conceptual models that link
management actions to predicted
responses by desert tortoise populations
or their habitat. The success of this
revised recovery strategy will rely
heavily upon the involvement of our
partners and our commitment to
implementing the strategic elements
listed above coupled with a functioning
adaptive management program.
Public Comments Solicited
We solicit written comments on the
draft revised recovery plan described in
this notice. All comments received by
the date specified above will be
considered in development of a final
revised recovery plan for the Mojave
population of the desert tortoise.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533(f).
Jim A. Bartel,
Acting Regional Director, Region 8, U.S. Fish
and Wildlife Service.
[FR Doc. E8–17520 Filed 8–1–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–FHC–2008–N0185; 71490–1351–
0000–M2]
Marine Mammal Protection Act; Stock
Assessment Reports
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of final
revised marine mammal stock
assessment reports for three stocks of
northern sea otters in Alaska; response
to comments.
AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA), the Fish and Wildlife Service
(Service) has incorporated public
comments into revisions of marine
mammal stock assessment reports for
the three stocks of northern sea otters
(Enhydra lutris kenyoni) in Alaska. The
2008 final stock assessment reports are
now complete and available to the
public.
Send requests for printed
copies of the final stock assessment
reports to: Chief, U.S. Fish and Wildlife
Service, Marine Mammals Management
Office, 1011 East Tudor Road,
Anchorage, AK 99503; (800) 362–5148.
Copies of the final revised stock
assessment reports are also available on
the Internet in Adobe Acrobat format at
https://alaska.fws.gov/fisheries/mmm/
seaotters/reports.htm.
ADDRESSES:
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One of the
goals of the MMPA (16 U.S.C. 1361–
1407) is to ensure that stocks of marine
mammals occurring in waters under the
jurisdiction of the United States do not
experience a level of human-caused
mortality and serious injury that is
likely to cause the stock to be reduced
below its optimum sustainable
population level (OSP). OSP is defined
as ‘‘ * * * the number of animals which
will result in the maximum productivity
of the population or the species, keeping
in mind the carrying capacity of the
habitat and the health of the ecosystem
of which they form a constituent
element.’’
To help accomplish the goal of
maintaining marine mammal stocks at
their OSPs, section 117 of the MMPA
requires the Service and the National
Marine Fisheries Service (NMFS) to
prepare stock assessment reports for
each marine mammal stock that occurs
in waters under the jurisdiction of the
United States. These stock assessments
are to be based on the best scientific
information available and are, therefore,
prepared in consultation with
established regional scientific review
groups. Each stock assessment must
include:
(1) A description of the stock and its
geographic range; (2) minimum
population estimate, maximum net
productivity rate, and current
population trend; (3) estimate of humancaused mortality and serious injury; (4)
commercial fishery interactions; (5)
status of the stock; and (6) potential
biological removal level (PBR). The PBR
is defined 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 OSP.’’ The PBR is the product of the
minimum population estimate of the
stock (Nmin); one-half the maximum
theoretical or estimated net productivity
rate of the stock at a small population
size (Rmax); and a recovery factor (Fr) of
between 0.1 and 1.0, which is intended
to compensate for uncertainty and
unknown estimation errors.
Section 117 of the MMPA also
requires the Service and the NMFS to
review and revise the stock assessment
reports: (a) At least annually for stocks
that are specified as strategic stocks; (b)
at least annually for stocks for which
significant new information is available;
and (c) at least once every 3 years for all
other stocks.
A strategic stock is defined in the
MMPA as a marine mammal stock: (A)
For which the level of direct humancaused mortality exceeds the PBR; (B)
which, based on the best available
SUPPLEMENTARY INFORMATION:
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scientific information, is declining and
is likely to be listed as a threatened
species under the Endangered Species
Act of 1973 (ESA) within the foreseeable
future; or (C) which is listed as a
threatened or endangered species under
the ESA, or is designated as depleted
under the MMPA.
Draft 2008 stock assessment reports
for the 3 Alaska stocks of northern sea
otters were made available for a 90-day
public review and comment period on
February 6, 2008 (73 FR 6994). Prior to
releasing them for pubic review and
comment, the Service subjected the
draft reports to internal technical review
and to scientific review by the Alaska
Regional Scientific Review Group
established under the MMPA. Following
the close of the comment period, the
Service revised the stock assessments
and prepared the final 2008 stock
assessment reports.
We revised these final stock
assessment reports based on public
comments received (see below). The
status of each stock remained
unchanged from the draft revised SARs
that were provided for public comment,
and with the exception of the southwest
Alaska stock, PBR levels were not
changed. Estimates of fishery-related
mortality and serious injury have been
revised for all three stock assessment
reports. We addressed responses to most
of the public comments by adding new
text for clarity.
A summary of the final revised stock
assessment reports is presented in Table
1. The table lists each stock’s Nmin, Rmax,
Fr, PBR, annual estimated humancaused mortality and serious injury, and
status.
TABLE 1—SUMMARY OF FINAL REVISED STOCK ASSESSMENT REPORTS FOR THREE U.S. NORTHERN SEA OTTER STOCKS
Stock
NMIN
RMAX
FR
PBR
Annual 5-year estimated humancaused mortality
Serious
injury
Fishery/
other
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Northern sea otters (Southeast AK).
Northern sea otters
(Southcentral AK).
Northern sea otters (Southwest AK).
9,136
0.20
1.0
914
0
12,774
0.20
1.0
1,277
0
38,703
0.20
0.1
387
0
Comments and Responses
The Service received 3 comments on
the drafts stock assessment reports. The
issues raised in those comments and our
responses are provided below.
Comment 1: The use of a recovery
factor of 0.25 for the southwest Alaska
stock is too high; a recovery factor of 0.1
should be used instead.
Response: The choice of recovery
factors for population stocks that are
declining is complex. The southwest
Alaska stock is currently listed as
threatened under the ESA and the
current population trend is one of
decline. Therefore, we agree with this
comment to take a more conservative
approach and have reduced the recovery
factor for the southwest Alaska stock to
0.1, which lowers the PBR to 387.
Comment 2: Given that one otter was
self-reported by the fisher to have been
caught in a trawl fishery, the conclusion
that ‘‘estimated level of incidental
motality and serious injury associated
with Alaska trawl, longline, and pot
groundfish fisheries is zero’’ is not
accurate.
Response: Available information on
this self-reported incident is unclear
whether the otter was caught and killed
in the trawl fishery, or was a dead
animal that was simply caught by the
trawl. The text of the southwest Alaska
stock assessment has been revised to say
that the ‘‘estimated level of incidental
morality and serious injury associated
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Unknown.
Unknown.
<10 .......
with Alaska trawl, longline, and pot
groundfish fisheries averages less than
one animal per year.’’
Comment 3: The estimate that
mortality and serious injury in the
Kodiak salmon set net fishery is less
than one animal per year is not accurate.
Response: This section of the
southwest Alaska stock assessment
report has been revised to indicate that
the level of mortality and serious injury
rate for this fishery is likely no more
than 10 animals per year.
Comment 4: Information is
insufficient to conclude that fishery
impacts on the southcentral and
southeast Alaska stocks is insignificant
and approaching a zero mortality rate.
Response: We have revised the
southcentral and southeast Alaska stock
assessment reports to more accurately
characterize the uncertainties in the
level of fishery mortality and serious
injury.
Comment 5: The Service should
update stock assessment reports on the
schedule specified under section 117 of
the MMPA.
Response: The Service will continue
to review available information on an
annual basis and revise stock
assessment reports for the northern sea
otter in Alaska as appropriate.
Comment 6: The Service should
review available information on sea
otter stock structure in Alaska.
Response: Information on stock
structure is driven primarily by genetic
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
Stock status
Subsistence
322
Non-strategic
346
Non-strategic
91
Strategic
analysis of tissue samples. The most
recent study of this nature was
conducted in 2002. Since that time,
more sample material has been collected
during live-capture studies in the
Kodiak archipelago (southwest Alaska
stock) and Kamishak Bay (southcentral
Alaska stock). Additional tissue samples
from other areas are required, especially
Kamishak Bay and the Alaska Peninsula
adjacent to Shelikof Strait, before sea
otter stock structure in Alaska can be
analyzed.
Comment 7: Methods used to estimate
sea otter abundance are not adequately
described.
Response: The methods used to
estimate sea otter abundance are
thoroughly described in the references
used to prepare these stock assessment
reports. We believe it is redundant to
describe them more comprehensively in
the stock assessment reports.
Comment 8: Description of fishery
interactions is incomplete; the stock
assessment reports should list all
fisheries known to interact with sea
otters.
Response: We have included the
relevant fisheries from the NOAA—
Fisheries ‘‘List of Fisheries’’ that had
previously been incorporated by
reference.
Comment 9: Stock assessment reports
do not adequately consider possible
interactions in fisheries that are not
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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices
observed or where observer coverage is
low.
Response: The predominant type of
fishing gear that has been known to
interact with sea otters are salmon set
and drift gillnets. Available information
suggests that fisheries using other types
of gear, such as trawl, longline, pot, and
purse seine appear to be less likely to
have interactions with sea otters due to
either the areas where such fisheries
operate, or the specific gear used, or
both. Gillnet fisheries occur throughout
the range of sea otters in Alaska;
however, the nature of their potential
for interaction depends on several
factors including sea otter distribution
and abundance relative to the
distribution and effort expended in
these fisheries. We believe that
application of entanglement rates
derived from small sample sizes in
observed fisheries to unobserved
fisheries in other areas would produce
questionable results.
Comment 10: Stock assessment
reports do not consider other impacts
from oil and gas development besides
oil spills.
Response: We considered disturbance
from oil and gas exploration,
development, and production in the
draft stock assessments; however, we
did not state this point explicitly in the
draft stock assessment reports. We have
revised the final stock assessment
reports accordingly.
Comment 11: Fuel oil spills from ship
traffic should be considered for the
southcentral and southeast Alaska
stocks.
Response: We have included
additional information from the Alaska
Department of Environmental
Conservation spill reporting database
about ship traffic and other sources that
have resulted in discharges of crude and
noncrude oil into the marine
environment for all 3 stock assessment
reports.
Comment 12: The stock assessment
reports should describe the reasons for
and implications of the age/sex
distribution of the subsistence harvest
on the demography and dynamics of sea
otter populations.
Response: We believe the suggested
additional in-depth analysis of the
subsistence harvest is beyond the scope
of these reports as it relates to
determining the status of the stocks.
Comment 13: The impact of other
factors, such as contaminants, should be
evaluated.
Response: Available information is
insufficient to quantitatively estimate
the impacts of these factors.
Comment 14: Additional detail on the
Unusual Mortality Event should be
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16:50 Aug 01, 2008
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included in the stock assessment
reports.
Response: Studies of sea otter disease,
mortality, and survival are ongoing.
Results are not yet available for
inclusion in this stock assessment
report.
Comment 15: Given the dates of the
various surveys used to estimate the
population size of the southwest Alaska
stock, the current population may be
lower than the estimated value.
Response: We acknowledge that
population estimates for some of the
regions within the southwest Alaska
stock are somewhat dated; however,
they are the best available scientific
information at this time. Population
monitoring for this stock is an important
component of the recovery plan that is
in development. As this stock is listed
as threatened under the ESA, it is
considered strategic under the MMPA
and subject to annual review, regardless
of the actual population size.
Comment 16: Apparent regional
population trends in the southeast
Alaska stock should be discussed in
greater detail.
Response: The U.S. Geological Survey
collected survey information for the
southeast Alaska stock. A summary
report that addresses this issue is in
preparation; however, conclusions are
not available at this time.
Comment 17: Information gathered
from the fishing industry cannot be
relied upon for truthfulness or accuracy
because of their concern for profits.
Response: The Service relied on the
best available scientific information in
the preparation of these stock
assessment reports, and readily
acknowledges the limitations of these
data. Although some of the information
is self-reported, we also rely on fisheries
observer programs when available.
Comment 18: The agency’s system for
observing the catch is incorrect and
untruthful. Cameras on boats and fines
and jail times are needed.
Response: Observer programs are
conducted by the National Marine
Fisheries Service of the Department of
Commerce. We have forwarded these
suggested improvements to them for
consideration.
Comment 19: The words ‘‘optimum
sustainable population’’ are opposed as
the phrase promotes overutilization of
the wildlife.
Response: The term ‘‘Optimal
Sustainable Population’’ is defined in
the Marine Mammal Protection Act (16
U.S.C. 1362).
References Not Cited in the Notice of
Availability of Draft Revised SARs
Manly, B.F.J. 2006. Incidental catch and
interactions of marine mammals and birds
PO 00000
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Fmt 4703
Sfmt 4703
in the Cook Inlet salmon driftnet and setnet
fisheries. Western EcoSystems Technology
Inc. Report. Cheyenne, Wyoming, USA.
98pp.
Manly, B.F.J. 2007. Incidental take and
interactions of marine mammals and birds
in the Kodiak Island salmon set gillnet
fishery, 2002 and 2005. Western
EcoSystems Technology Inc. Report.
Cheyenne, Wyoming, USA. 221pp.
Authority: The authority for this action is
the Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361–1407).
Dated: July 29, 2008.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8–17804 Filed 8–1–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–R–2008–N0147; 40136–1265–
0000–S3]
Pocosin Lakes National Wildlife
Refuge, Hyde, Tyrrell, and Washington
Counties, NC
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability: Final
comprehensive conservation plan and
finding of no significant impact.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), announce the
availability of our final comprehensive
conservation plan (CCP) and finding of
no significant impact (FONSI) for
Pocosin Lakes National Wildlife Refuge.
In the final CCP, we describe how we
will manage this refuge for the next 15
years.
ADDRESSES: A copy of the CCP may be
obtained by writing to: Howard A.
Phillips, Refuge Manager, Pocosin Lakes
National Wildlife Refuge, P.O. Box 329,
Columbia, NC 27925. The CCP may also
be accessed and downloaded from the
Service’s Internet site: https://
southeast.fws.gov/planning.
FOR FURTHER INFORMATION CONTACT:
Howard A. Phillips; Telephone: 252/
796–3004.
SUPPLEMENTARY INFORMATION:
Introduction
With this notice, we finalize the CCP
process for Pocosin Lakes National
Wildlife Refuge. We started this process
through a notice in the Federal Register
on November 3, 2000 (65 FR 66256). For
more about the process, see that notice.
Congress established the 12,000-acre
Pungo National Wildlife Refuge in 1963
by the authorities of the Migratory Bird
Conservation Act of 1929 and the Fish
E:\FR\FM\04AUN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Notices]
[Pages 45238-45240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17804]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-FHC-2008-N0185; 71490-1351-0000-M2]
Marine Mammal Protection Act; Stock Assessment Reports
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of final revised marine mammal stock
assessment reports for three stocks of northern sea otters in Alaska;
response to comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA),
the Fish and Wildlife Service (Service) has incorporated public
comments into revisions of marine mammal stock assessment reports for
the three stocks of northern sea otters (Enhydra lutris kenyoni) in
Alaska. The 2008 final stock assessment reports are now complete and
available to the public.
ADDRESSES: Send requests for printed copies of the final stock
assessment reports to: Chief, U.S. Fish and Wildlife Service, Marine
Mammals Management Office, 1011 East Tudor Road, Anchorage, AK 99503;
(800) 362-5148. Copies of the final revised stock assessment reports
are also available on the Internet in Adobe Acrobat format at https://
alaska.fws.gov/fisheries/mmm/seaotters/reports.htm.
SUPPLEMENTARY INFORMATION: One of the goals of the MMPA (16 U.S.C.
1361-1407) is to ensure that stocks of marine mammals occurring in
waters under the jurisdiction of the United States do not experience a
level of human-caused mortality and serious injury that is likely to
cause the stock to be reduced below its optimum sustainable population
level (OSP). OSP is defined as `` * * * the number of animals which
will result in the maximum productivity of the population or the
species, keeping in mind the carrying capacity of the habitat and the
health of the ecosystem of which they form a constituent element.''
To help accomplish the goal of maintaining marine mammal stocks at
their OSPs, section 117 of the MMPA requires the Service and the
National Marine Fisheries Service (NMFS) to prepare stock assessment
reports for each marine mammal stock that occurs in waters under the
jurisdiction of the United States. These stock assessments are to be
based on the best scientific information available and are, therefore,
prepared in consultation with established regional scientific review
groups. Each stock assessment must include:
(1) A description of the stock and its geographic range; (2)
minimum population estimate, maximum net productivity rate, and current
population trend; (3) estimate of human-caused mortality and serious
injury; (4) commercial fishery interactions; (5) status of the stock;
and (6) potential biological removal level (PBR). The PBR is defined 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 OSP.'' The PBR is the
product of the minimum population estimate of the stock
(Nmin); one-half the maximum theoretical or estimated net
productivity rate of the stock at a small population size
(Rmax); and a recovery factor (Fr) of between 0.1
and 1.0, which is intended to compensate for uncertainty and unknown
estimation errors.
Section 117 of the MMPA also requires the Service and the NMFS to
review and revise the stock assessment reports: (a) At least annually
for stocks that are specified as strategic stocks; (b) at least
annually for stocks for which significant new information is available;
and (c) at least once every 3 years for all other stocks.
A strategic stock is defined in the MMPA as a marine mammal stock:
(A) For which the level of direct human-caused mortality exceeds the
PBR; (B) which, based on the best available
[[Page 45239]]
scientific information, is declining and is likely to be listed as a
threatened species under the Endangered Species Act of 1973 (ESA)
within the foreseeable future; or (C) which is listed as a threatened
or endangered species under the ESA, or is designated as depleted under
the MMPA.
Draft 2008 stock assessment reports for the 3 Alaska stocks of
northern sea otters were made available for a 90-day public review and
comment period on February 6, 2008 (73 FR 6994). Prior to releasing
them for pubic review and comment, the Service subjected the draft
reports to internal technical review and to scientific review by the
Alaska Regional Scientific Review Group established under the MMPA.
Following the close of the comment period, the Service revised the
stock assessments and prepared the final 2008 stock assessment reports.
We revised these final stock assessment reports based on public
comments received (see below). The status of each stock remained
unchanged from the draft revised SARs that were provided for public
comment, and with the exception of the southwest Alaska stock, PBR
levels were not changed. Estimates of fishery-related mortality and
serious injury have been revised for all three stock assessment
reports. We addressed responses to most of the public comments by
adding new text for clarity.
A summary of the final revised stock assessment reports is
presented in Table 1. The table lists each stock's Nmin,
Rmax, Fr, PBR, annual estimated human-caused
mortality and serious injury, and status.
Table 1--Summary of Final Revised Stock Assessment Reports for Three U.S. Northern Sea Otter Stocks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual 5-year estimated human-
Serious caused mortality
Stock NMIN RMAX FR PBR injury ------------------------------------ Stock status
Fishery/other Subsistence
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern sea otters (Southeast AK) 9,136 0.20 1.0 914 0 Unknown.............. 322 Non-strategic
Northern sea otters (Southcentral 12,774 0.20 1.0 1,277 0 Unknown.............. 346 Non-strategic
AK).
Northern sea otters (Southwest AK) 38,703 0.20 0.1 387 0 <10.................. 91 Strategic
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments and Responses
The Service received 3 comments on the drafts stock assessment
reports. The issues raised in those comments and our responses are
provided below.
Comment 1: The use of a recovery factor of 0.25 for the southwest
Alaska stock is too high; a recovery factor of 0.1 should be used
instead.
Response: The choice of recovery factors for population stocks that
are declining is complex. The southwest Alaska stock is currently
listed as threatened under the ESA and the current population trend is
one of decline. Therefore, we agree with this comment to take a more
conservative approach and have reduced the recovery factor for the
southwest Alaska stock to 0.1, which lowers the PBR to 387.
Comment 2: Given that one otter was self-reported by the fisher to
have been caught in a trawl fishery, the conclusion that ``estimated
level of incidental motality and serious injury associated with Alaska
trawl, longline, and pot groundfish fisheries is zero'' is not
accurate.
Response: Available information on this self-reported incident is
unclear whether the otter was caught and killed in the trawl fishery,
or was a dead animal that was simply caught by the trawl. The text of
the southwest Alaska stock assessment has been revised to say that the
``estimated level of incidental morality and serious injury associated
with Alaska trawl, longline, and pot groundfish fisheries averages less
than one animal per year.''
Comment 3: The estimate that mortality and serious injury in the
Kodiak salmon set net fishery is less than one animal per year is not
accurate.
Response: This section of the southwest Alaska stock assessment
report has been revised to indicate that the level of mortality and
serious injury rate for this fishery is likely no more than 10 animals
per year.
Comment 4: Information is insufficient to conclude that fishery
impacts on the southcentral and southeast Alaska stocks is
insignificant and approaching a zero mortality rate.
Response: We have revised the southcentral and southeast Alaska
stock assessment reports to more accurately characterize the
uncertainties in the level of fishery mortality and serious injury.
Comment 5: The Service should update stock assessment reports on
the schedule specified under section 117 of the MMPA.
Response: The Service will continue to review available information
on an annual basis and revise stock assessment reports for the northern
sea otter in Alaska as appropriate.
Comment 6: The Service should review available information on sea
otter stock structure in Alaska.
Response: Information on stock structure is driven primarily by
genetic analysis of tissue samples. The most recent study of this
nature was conducted in 2002. Since that time, more sample material has
been collected during live-capture studies in the Kodiak archipelago
(southwest Alaska stock) and Kamishak Bay (southcentral Alaska stock).
Additional tissue samples from other areas are required, especially
Kamishak Bay and the Alaska Peninsula adjacent to Shelikof Strait,
before sea otter stock structure in Alaska can be analyzed.
Comment 7: Methods used to estimate sea otter abundance are not
adequately described.
Response: The methods used to estimate sea otter abundance are
thoroughly described in the references used to prepare these stock
assessment reports. We believe it is redundant to describe them more
comprehensively in the stock assessment reports.
Comment 8: Description of fishery interactions is incomplete; the
stock assessment reports should list all fisheries known to interact
with sea otters.
Response: We have included the relevant fisheries from the NOAA--
Fisheries ``List of Fisheries'' that had previously been incorporated
by reference.
Comment 9: Stock assessment reports do not adequately consider
possible interactions in fisheries that are not
[[Page 45240]]
observed or where observer coverage is low.
Response: The predominant type of fishing gear that has been known
to interact with sea otters are salmon set and drift gillnets.
Available information suggests that fisheries using other types of
gear, such as trawl, longline, pot, and purse seine appear to be less
likely to have interactions with sea otters due to either the areas
where such fisheries operate, or the specific gear used, or both.
Gillnet fisheries occur throughout the range of sea otters in Alaska;
however, the nature of their potential for interaction depends on
several factors including sea otter distribution and abundance relative
to the distribution and effort expended in these fisheries. We believe
that application of entanglement rates derived from small sample sizes
in observed fisheries to unobserved fisheries in other areas would
produce questionable results.
Comment 10: Stock assessment reports do not consider other impacts
from oil and gas development besides oil spills.
Response: We considered disturbance from oil and gas exploration,
development, and production in the draft stock assessments; however, we
did not state this point explicitly in the draft stock assessment
reports. We have revised the final stock assessment reports
accordingly.
Comment 11: Fuel oil spills from ship traffic should be considered
for the southcentral and southeast Alaska stocks.
Response: We have included additional information from the Alaska
Department of Environmental Conservation spill reporting database about
ship traffic and other sources that have resulted in discharges of
crude and noncrude oil into the marine environment for all 3 stock
assessment reports.
Comment 12: The stock assessment reports should describe the
reasons for and implications of the age/sex distribution of the
subsistence harvest on the demography and dynamics of sea otter
populations.
Response: We believe the suggested additional in-depth analysis of
the subsistence harvest is beyond the scope of these reports as it
relates to determining the status of the stocks.
Comment 13: The impact of other factors, such as contaminants,
should be evaluated.
Response: Available information is insufficient to quantitatively
estimate the impacts of these factors.
Comment 14: Additional detail on the Unusual Mortality Event should
be included in the stock assessment reports.
Response: Studies of sea otter disease, mortality, and survival are
ongoing. Results are not yet available for inclusion in this stock
assessment report.
Comment 15: Given the dates of the various surveys used to estimate
the population size of the southwest Alaska stock, the current
population may be lower than the estimated value.
Response: We acknowledge that population estimates for some of the
regions within the southwest Alaska stock are somewhat dated; however,
they are the best available scientific information at this time.
Population monitoring for this stock is an important component of the
recovery plan that is in development. As this stock is listed as
threatened under the ESA, it is considered strategic under the MMPA and
subject to annual review, regardless of the actual population size.
Comment 16: Apparent regional population trends in the southeast
Alaska stock should be discussed in greater detail.
Response: The U.S. Geological Survey collected survey information
for the southeast Alaska stock. A summary report that addresses this
issue is in preparation; however, conclusions are not available at this
time.
Comment 17: Information gathered from the fishing industry cannot
be relied upon for truthfulness or accuracy because of their concern
for profits.
Response: The Service relied on the best available scientific
information in the preparation of these stock assessment reports, and
readily acknowledges the limitations of these data. Although some of
the information is self-reported, we also rely on fisheries observer
programs when available.
Comment 18: The agency's system for observing the catch is
incorrect and untruthful. Cameras on boats and fines and jail times are
needed.
Response: Observer programs are conducted by the National Marine
Fisheries Service of the Department of Commerce. We have forwarded
these suggested improvements to them for consideration.
Comment 19: The words ``optimum sustainable population'' are
opposed as the phrase promotes overutilization of the wildlife.
Response: The term ``Optimal Sustainable Population'' is defined in
the Marine Mammal Protection Act (16 U.S.C. 1362).
References Not Cited in the Notice of Availability of Draft Revised
SARs
Manly, B.F.J. 2006. Incidental catch and interactions of marine
mammals and birds in the Cook Inlet salmon driftnet and setnet
fisheries. Western EcoSystems Technology Inc. Report. Cheyenne,
Wyoming, USA. 98pp.
Manly, B.F.J. 2007. Incidental take and interactions of marine
mammals and birds in the Kodiak Island salmon set gillnet fishery,
2002 and 2005. Western EcoSystems Technology Inc. Report. Cheyenne,
Wyoming, USA. 221pp.
Authority: The authority for this action is the Marine Mammal
Protection Act of 1972, as amended (16 U.S.C. 1361-1407).
Dated: July 29, 2008.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8-17804 Filed 8-1-08; 8:45 am]
BILLING CODE 4310-55-P
