False Killer Whale Take Reduction Team Meeting, 2853-2856 [2010-835]
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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices
561–6622 ext. 202,
kelley.higgason@noaa.gov.
The
Sanctuary Advisory Council provides
the Sanctuary Superintendent with
advice on the management of the
Sanctuary. Members provide advice to
the Superintendent on issues affecting
resource protection, the Sanctuary’s
primary purpose. The Council, through
its members, serves as liaisons to the
community regarding Sanctuary issues
and acts as a conduit, relaying the
community’s interests, concerns, and
management needs to the Sanctuary.
The Sanctuary Advisory Council
members represent public interest
groups, local industry, commercial and
recreational user groups, academia,
conservation groups, government
agencies, and the general public.
Members serve either two-or three-year
terms in order to stagger Council
membership and allow continuity.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. Sections 1431, et seq.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2010–680 Filed 1–15–10; 8:45 am]
BILLING CODE 3510–NK–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT76
False Killer Whale Take Reduction
Team Meeting
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of establishment of a
False Killer Whale Take Reduction
Team and meeting; request for
comment.
SUMMARY: NMFS is establishing a Take
Reduction Team (TRT) and convening a
TRT meeting to address the incidental
mortality and serious injury of the
Hawaii Pelagic, Hawaii Insular, and
Palmyra Atoll stocks of false killer
whales (Pseudorca crassidens) in the
Hawaii-based deep-set and shallow-set
longline fisheries. The TRT will develop
a Take Reduction Plan (TRP) as required
in the Marine Mammal Protection Act
(MMPA). NMFS will charge the TRT
with developing a plan to reduce
incidental mortality and serious injury
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of these stocks in the Hawaii-based
longline fisheries to a level less than the
Potential Biological Removal (PBR) level
for each stock within 6 months of
implementation of the plan and to a
level approaching a zero mortality and
serious injury rate within 5 years of
implementation of the plan.
DATES: The meeting will be held on
February 17, 2010, from 1 p.m. to 5
p.m., on February 18, 2010, from 8:30
a.m. to 5 p.m., and from February 19,
2010, from 8 a.m. to 1 p.m. Comments
on the inclusion within the scope of the
TRT of non-strategic marine mammal
stocks interacting with the Category I
Hawaii-based deep-set longline fishery
must be received by February 18, 2010.
ADDRESSES: The False Killer Whale TRT
meeting will be held at the Sheraton
Waikiki, 2255 Kalakaua Avenue,
Honolulu, HI; Phone: (808) 922 4422,
Fax: (808) 931 8883.
You may submit comments,
information, or data, identified by the
Regulation Identifier Number [RIN
0648–XT76], by any one of the
following methods: (1) Electronic
Submissions: Submit all electronic
information via the Federal
eRulemaking Portal at https://
www.regulations.gov; (2) Mail: Assistant
Regional Administrator, Protected
Resources Division, National Marine
Fisheries Service, Pacific Islands
Regional Office, 1601 Kapiolani
Boulevard Suite 1110, Honolulu, HI
96814.
Instructions: All comments received
are a part of the public record and may
be posted to https://www.regulations.gov
without change. All personal identifying
information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit confidential
business information or otherwise
sensitive or protected information.
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, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Nancy Young, NMFS, Pacific Islands
Region, (808) 944–2282,
nancy.young@noaa.gov; or Kristy Long,
NMFS, Office of Protected Resources,
(301) 713–2322, kristy.long@noaa.gov.
SUPPLEMENTARY INFORMATION: Section
118(f)(1) of the Marine Mammal
Protection Act (MMPA) requires NMFS
to develop and implement take
reduction plans designed to assist in the
recovery or prevent the depletion of
each strategic stock that interacts with
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Category I and II fisheries. It also
provides NMFS discretion to develop
and implement a take reduction plan for
any other marine mammal stocks that
interact with a Category I fishery, which
the agency determines, after notice and
opportunity for public comment, has a
high level of mortality and serious
injury across a number of such marine
mammal stocks.
The MMPA defines a strategic stock
as a marine mammal stock: (1) for which
the level of direct human-caused
mortality exceeds the Potential
Biological Removal (PBR) level; (2)
which is declining and is likely to be
listed under the Endangered Species Act
(ESA) in the foreseeable future; or (3)
which is listed as threatened or
endangered under the ESA or as a
depleted species under the MMPA (16
U.S.C. 1362(2)). PBR is the maximum
number of animals, not including
natural mortalities, that may be removed
from a marine mammal stock while
allowing that stock to reach or maintain
its optimum sustainable population.
Category I or II fisheries are fisheries
that, respectively, have frequent or
occasional incidental mortality and
serious injury of marine mammals.
As required under section 118 (f)(7) of
the MMPA, the TRT shall develop a
draft TRP by consensus, and shall
submit this draft TRP to NMFS not later
than 6 months after the date of the
establishment of the TRT. The Secretary
of Commerce (Secretary) shall then
consider the TRP, and no later than 60
days after the submission of the draft
TRP, NMFS shall publish in the Federal
Register the TRP and any implementing
regulations proposed by the team for a
public comment period not to exceed 90
days. Within 60 days of the close of the
comment period, NMFS shall issue a
final TRP and any implementing
regulations.
Marine Mammal Stocks Included
Within the TRT Scope
Three false killer whale stocks
identified in the U.S. Pacific Marine
Mammal Stock Assessment Reports
(SAR) (Carretta et al., 2009a) are
included within the scope of the TRT:
(1) False killer whale, Hawaii Pelagic
stock. The Hawaii Pelagic stock
includes false killer whales inhabiting
waters outside of the FebruarySeptember longline exclusion zone
around the main Hawaiian Islands. The
stock has been designated as strategic
because the average annual mortality
and serious injury (M&SI) of false killer
whales incidental to the Category I
Hawaii-based deep-set longline fishery
(7.4 animals per year) exceeds the
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stock’s PBR level (2.5 animals per year)
(Carretta et al., 2009b).
(2) False killer whale, Hawaii Insular
stock. The Hawaii Insular stock includes
false killer whales inhabiting waters
within the February-September longline
exclusion zone around the main
Hawaiian Islands. The level of M&SI of
this stock is not above the stock’s PBR
level (0.8 animals per year), and the
stock is not strategic (Carretta et al.,
2009b). The Final 2008 SAR and Draft
2009 SAR for the Insular stock indicate
no documented serious injuries or
mortalities of animals incidental to
Hawaii’s longline fisheries. However,
the Insular stock may be subject to
interactions with longline fisheries:
from October to January, a small subset
of longline fishing effort takes place
within the current stock range of the
Hawaii Insular stock. Baird and Gorgone
(2005) documented a high rate of dorsal
fin disfigurements, which were
consistent with injuries from
unidentified fishing line. At the present
time, it is unknown whether these
injuries might have been caused by
longline gear or other hook-and-line
gear used around the main Hawaiian
Islands.
There is overlap in the geographic
ranges of the Hawaii Pelagic and Hawaii
Insular stocks, and some serious injuries
and mortalities that were attributed to
the Pelagic stock may in fact have been
from the Insular stock. Several of the
observed false killer whale takes have
been in sets that straddled the current
stock boundary (i.e., the set start- and
set end-locations were on either side of
the boundary). The boundaries between
the stocks will likely be revised for the
Draft 2010 SAR, and takes may be
reassigned from the Pelagic stock to the
Insular stock. As a result, the Insular
stock may also be listed as strategic in
the Draft 2010 SAR. Additionally, a
status review has been initiated to
determine if listing of the insular
population of Hawaiian false killer
whales under the ESA is warranted (75
FR 316, January 5, 2010). Based on the
overlap between the Insular and Pelagic
stocks within the range of the Hawaiibased longline fisheries, the potential
for the Insular population to be listed
under the ESA in the foreseeable future,
and evidence that the Insular stock is
declining (Reeves et al., 2009), the
Hawaii Insular stock of false killer
whales is included within the scope of
the TRT. NMFS solicits public
comments on whether to include the
non-strategic Insular stock within the
scope of the TRT.
(3) False killer whale, Palymra Atoll
stock. The Palmyra Atoll stock includes
false killer whales found within the U.S.
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Exclusive Economic Zone (EEZ) of
Palmyra Atoll. Human-caused M&SI
levels (0.3 animals per year) do not
exceed this stock’s PBR (6.4 animals per
year), and this stock is not strategic
(Carretta et al., 2009b). However, NMFS
is including this stock in the scope of
the TRT because there are documented
interactions between the Category I
deep-set longline fishery and this stock.
NMFS estimated the take rate of false
killer whales in longline fisheries as
over 4–times higher within EEZ waters
of Palmyra Atoll (3.3 per 1000 sets)
compared to the Hawaiian Islands EEZ
(0.7 per 1000 sets) and waters outside
U.S. EEZs (0.8 per 1000 sets) (Forney
and Kobayashi, 2007).
In addition, data indicate that false
killer whale depredation of catch and/
or bait is increasing in the Hawaii-based
longline fisheries. False killer whales
have been observed while vessels are in
transit, indicating that they may be
following fishing boats. This behavior is
likely to increase interactions, and in
fact, for the first time, there have been
multiple takes documented per set and
per trip during 2008 and 2009 (NMFS
Observer Program). Based on this
information, NMFS is concerned that
the Palmyra Atoll stock may also have
an increasing potential to interact with
the longline fisheries in the near future.
NMFS is including the Palmyra Atoll
stock of false killer whales in the scope
of the TRT based on the documented
high take rates of false killer whales by
Hawaii-based longline fisheries
operating within the Palmyra Atoll EEZ
as described above, as well as the
potential for increased interactions in
the future. NMFS solicits public
comments on including the nonstrategic Palmyra Atoll stock within the
scope of the TRT.
Marine Mammal Stocks Not Included
Within the TRT Scope
NMFS considered additional marine
mammal stocks, but determined not to
include the following within the scope
of the TRT:
(1) False killer whale, American
Samoa stock. This stock is newly
defined for the 2010 Draft SARs, and
includes false killer whales found
within the EEZ of American Samoa. No
abundance estimate or PBR level is
currently available for this stock.
Therefore, the level of M&SI occurring
incidental to commercial fisheries,
particularly the American Samoa
longline fishery, cannot be assessed
relative to PBR. However, NMFS
analysis suggests that the estimated rate
of fisheries-related M&SI within the
American Samoa EEZ (7.8 animals per
year) exceeds the range of likely PBRs
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(0.4 7.5) (NMFS, unpublished data).
Additional research on the abundance
of false killer whales in American
Samoa is needed to resolve the stock’s
status. Because NMFS lacks population
structure and abundance data, as well as
relatively low observer coverage in the
American Samoa longline fishery (as
noted below), this stock will not be
included in the scope of the TRT.
(2) Other marine mammal stocks in
the Pacific Islands Region. All but one
of the other marine mammal stocks in
the Pacific Islands Region that interact
with the fisheries under the scope of the
TRT (see below) are already at or below
the insignificance threshold, which has
been defined in MMPA implementing
regulations as 10% of PBR (50 CFR
229.2), and will not be included in the
scope of the TRT.
The humpback whale (Megaptera
novaeangliae) is listed as ‘‘endangered’’
under the ESA, and designated as
‘‘depleted’’ under the MMPA. As a
result, the Central North Pacific (CNP)
stock of humpback whale is classified as
a strategic stock (Allen and Angliss,
2009). Total estimated M&SI of this
stock is below the PBR of 20.4, but
above 10% of PBR. The Draft 2009 SAR
indicates no M&SI of this stock from
Hawaii-based longline fisheries (Allen
and Angliss 2009), but one serious
injury was reported in the Hawaii-based
shallow-set longline fishery during
2006, with 100% observer coverage
(Forney 2009). NMFS previously
conducted an analysis considering
multiple quantitative and qualitative
factors to identify its priorities for
establishing TRTs. The CNP stock of
humpback whales was considered a low
priority, and only for its interactions
with commercial fisheries in the Alaska
Region. The stock’s recovery does not
appear to have been affected by
interactions with commercial fisheries,
as results from the 2004–2006 Structure
of Populations, Levels of Abundance,
and Status of Humpbacks (SPLASH)
project indicate stock abundance has
increased by 5.5–6.0% per year (Allen
and Angliss 2009). The humpback
whale will not be included in the scope
of the present TRT.
Commercial Fisheries Included Within
the TRT Scope
The TRT will address the following
two fisheries:
(1) Hawaii-based deep-set longline
fishery. The Category I Hawaii-based
deep-set longline fishery operates both
within and outside of the Hawaii EEZ
(defined on the MMPA List of Fisheries
(LOF) as the ‘‘HI deep-set (tuna target)
longline/set line’’ and ‘‘Western Pacific
Pelagic (Deep-set component)’’
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fisheries). There have been numerous
M&SI of false killer whales documented
in this fishery, including an estimated
7.4 animals per year from the strategic
Hawaii Pelagic stock of false killer
whales, 0.3 animals per year from the
non-strategic Palmyra Atoll stock, and
5.4 animals per year in international
waters, where no U.S. stocks are
currently defined under the MMPA
(Carretta et al., 2009b; Forney and
Kobayashi, 2007). At minimum, this
fishery meets the MMPA requirement
for the development of a TRP because of
the level of M&SI of false killer whales
belonging to the strategic Hawaii Pelagic
stock.
(2) Hawaii-based shallow-set longline
fishery. The Category II Hawaii-based
shallow-set longline fishery operates
both within and outside of the Hawaii
EEZ (defined on the MMPA LOF as the
‘‘HI shallow-set (swordfish target)
longline/set line’’ and ‘‘Western Pacific
Pelagic (Shallow-set component’’
fisheries). No documented interactions
with false killer whales have been
reported in the Final 2008 SAR or Draft
2009 SAR (Carretta et al. 2009a, 2009b).
However, there was an observed
interaction with a false killer whale
from the Hawaii Pelagic stock in 2008
that was determined to be a non-serious
injury, and another observed interaction
that resulted in a serious injury of either
a false killer whale or a short-finned
pilot whale, outside of U.S. EEZs
(Forney 2009). Another false killer
whale interaction was documented in
2009 just outside of the longline
exclusion boundary (and thus likely
from the strategic Pelagic stock), but the
determination regarding the severity of
the injury (i.e., serious versus not
serious) has not yet been made. Due to
the concern over the rapid increase in
the number of false killer whale takes
that are occurring in the deep-set
longline fishery, and the shallow-set
fishery’s recent interactions with false
killer whales (potentially with a
strategic stock), this fishery will be
included in the scope of the TRT.
Commercial Fisheries Not Included
Within the TRT Scope
The following fisheries were
considered, but are not included in the
scope of the TRT:
(1) American Samoa longline fishery.
This Category II fishery differs from the
Hawaii-based longline fisheries in terms
of gear and fishing practices, target
species, and geographical area of
operation. Observer coverage has been
less than 10% since a mandatory
observer program began in 2006. As
stated above, there is very little
information on the level of interactions
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with false killer whales. Two false killer
whales were observed killed or
seriously injured by the fishery in 2008
(Oleson 2009), but it is unknown
whether this level is unsustainable
because an abundance estimate and
calculation of PBR for the newlydefined American Samoa stock of false
killer whales are not available. Because
NMFS lacks information about the
impact this fishery is having on the
poorly understood American Samoa
stock of false killer whales, and because
the differences between this fishery and
the two Hawaii-based longline fisheries
would likely detract from the focus of
the TRT, this fishery is not being
included within the scope of the TRT.
(2) Hawaii shortline fishery. This
fishery was added to the 2010 LOF as
a Category II fishery, classified by
analogy (50 CFR 229.2, definition of
‘‘Category II fishery’’) to the two Hawaiibased longline fisheries, based on the
similarities between the gear used, areas
fished, and target species in the three
fisheries, and anecdotal reports of
interactions with marine mammals off
the north side of the island of Maui.
These reports have not been confirmed,
and thus the species involved and
extent of the interactions are unknown.
The Western Pacific Fishery
Management Council (Council) is
considering management of the fishery.
Information gathered by Council staff
indicates that the shortline fishery is
very small, with few participants and
low levels of landings. There is also a
small amount of data available and no
observer coverage. Data confidentiality
would likely be an issue, making an
understanding of the fishery and its
potential impacts on false killer whale
stocks difficult. This fishery will not be
considered part of the scope of the TRT.
However, if the shortline fishery is
documented to interact with a strategic
stock in the future, NMFS will consider
bringing it under the scope of the TRT
at a later time.
List of Invited Participants
MMPA section 118 (f)(6)(C) requires
that members of TRTs have expertise
regarding the conservation or biology of
the marine mammal species that the
TRP will address, or the fishing
practices that result in the incidental
mortality or serious injury of such
species. The MMPA further specifies
that TRTs shall, to the maximum extent
practicable, consist of an equitable
balance among representatives of
resource user and non-user interests.
NMFS has asked the following
individuals to serve as members of the
TRT, which is tasked with developing
recommendations to reduce mortalities
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and serious injuries of three false killer
whale stocks incidental to Hawaii-based
longline fisheries: William Aila, Hui
Malama I Kohola; Robin Baird, Cascadia
Research Collective; Hannah Bernard,
Hawaii Wildlife Fund; Steven Beverly,
Secretariat of the Pacific Community;
Brendan Cummings, Center for
Biological Diversity; Paul Dalzell,
Western Pacific Fishery Management
Council; Roger Dang, Pacific Fishing &
Supply, Inc.; Clint Funderburg, Fishing
Vessels Rachel and Golden Sable; John
Hall, Fishing Vessel Zephyr; Kristy
Long, NMFS Office of Protected
Resources; Kristine Lynch, Marine
Mammal Commission; Paul Nachtigall,
Hawaii Institute of Marine Biology;
David Nichols, State of Hawaii; Victoria
O’Connell, Coastal Marine Research;
Jerry Ray, Fishing Vessel Katy Mary;
Andrew Read, Duke University; Lance
Smith, NMFS Pacific Islands Regional
Office; Ryan Steen, Stoel Rives LLP; and
Sharon Young, The Humane Society of
the United States.
Other individuals from NMFS and
state and Federal agencies may be
present as observers or for their
scientific expertise. Members of TRTs
serve without compensation, but may be
reimbursed by NMFS, upon request, for
allowable travel costs and expenses
incurred in performing their duties as
members of the team. The TRT will hold
its first meeting from February 17–19,
2010 in Honolulu, Hawaii (see DATES
and ADDRESSES).
NMFS fully intends to conduct the
TRT process in a way that provides for
national consistency yet accommodates
the unique regional characteristics of
the fishery and marine mammal stocks
involved. Take Reduction Teams are not
subject to the Federal Advisory
Committee Act (5 App. U.S.C.).
Meetings are open to the public.
Public Comments Solicited
Comments are solicited on the
inclusion within the scope of the TRT
of the non-strategic Hawaii Insular and
Palmyra Atoll stocks of false killer
whales.
References
Allen, B.M. and R.P. Angliss. 2009.
Draft Alaska Marine Mammal Stock
Assessments 2009. NOAA Technical
Memorandum NOAA-TM-NMFS-AFSCxxx, 172 p.
Baird, R.W., and A.M. Gorgone. 2005.
False killer whale dorsal fin
disfigurements as a possible indicator of
longline fishery interactions in
Hawaiian waters. Pacific Science
59:593–601.
Carretta J.V., K.A. Forney, M.S.
Lowry, J. Barlow, J. Baker, D. Johnston,
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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices
B. Hanson, and M.M. Muto. 2009a U.S.
Pacific marine mammal stock
assessments: 2008. NOAA Technical
Memorandum NMFS-SWFSC–434.
340p.
Carretta, J.V., K.A. Forney, M.S.
Lowry, J. Barlow, J. Baker, D. Johnston,
B. Hanson, R.L. Brownell Jr., J. Robbins,
D.K. Mattila, K. Ralls, M.M. Muto, D.
Lynch, and L. Carswell. 2009b. Draft
U.S. Pacific Marine Mammal Stock
Assessments: 2009. Available from
SWFSC, 8604 La Jolla Shores Drive, La
Jolla, CA 92037.
Forney, K.A. 2009. Serious injury
determinations for cetaceans caught in
Hawaii longline fisheries during 1994–
2008. Draft document, October 19, 2009.
PSRG–2009–16.
Forney, K.A. and D.R. Kobayashi.
2007. Updated estimates of mortality
and injury of cetaceans in the Hawaiibased longline fishery, 1994–2005.
NOAA Tech. Memo. NOAA-TM-NMFSSWFSC–412, 30p.
Oleson, E.M. 2009. Characteristics of
the American Samoa Longline Fishery
and Estimates of Cetacean Take, 2006–
2008. PSRG–2009–14.
Reeves, R.R., S. Leatherwood, and
R.W. Baird. 2009. Evidence of a Possible
Decline since 1989 in False Killer Wales
(Pseudorca crassidens) around the Main
Hawaiian Islands. Pacific Science 63:
253–261.
limited to data, analyses, and models,
used in stock assessments for sharks in
the Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea. Nominations are being
sought for a three-year appointment.
Individuals with definable interests in
the recreational and commercial fishing
and related industries, environmental
community, academia, and nongovernmental organizations will be
considered for membership on the
SEDAR Pool.
DATES: Nominations must be received
on or before February 18, 2010.
ADDRESSES: You may submit
nominations and request the SEDAR
Pool Statement of Organization,
Practices, and Procedures by any of the
following methods:
• Email: SEDAR.pool@noaa.gov.
• Mail: Karyl Brewster-Geisz, Highly
Migratory Species Management
Division, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
Include on the envelope the following
identifier: ‘‘SEDAR Pool Nomination.’’
• Fax: 301–713–1917.
Additional information on SEDAR
and the SEDAR guidelines can be found
at https://www.sefsc.noaa.gov/sedar/.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz, (301) 713–2347,
ext. 111.
SUPPLEMENTARY INFORMATION:
Dated: January 13, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Introduction
Section 302(g)(2) of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), 16 U.S.C. 1801 et seq., states that
each Council shall establish such
advisory panels as are necessary or
appropriate to assist it in carrying out its
functions under the Act. For the
purposes of this section, NMFS
considers the above provisions to be
applicable to the HMS Management
Division. As such, NMFS is establishing
the SEDAR Pool under this section. The
SEDAR Pool will be a group from which
individuals will be selected to review
and/or provide the data and analyses
and advise NMFS regarding the
scientific information, including but not
limited to data, analyses, and models,
used in stock assessments for sharks in
the Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea. While the SEDAR Pool is
being created specifically for Atlantic
sharks, it may be expanded to include
other HMS, as needed. Under section
302(i)(1), the Federal Advisory
Committee Act (FACA) shall not apply
to advisory panels established under
section 302(g).
The primary purpose of the
individuals in the SEDAR Pool is to
review and/or provide, at SEDAR
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Advisory Panel
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
SUMMARY: NMFS solicits nominations
for the Advisory Panel (AP) for Atlantic
Highly Migratory Species (HMS)
Southeast Data, Assessment, and
Review (SEDAR) Workshops (this AP is
also called the ‘‘SEDAR Pool’’). The
SEDAR Pool is comprised of a group
from which individuals will be selected
to review and/or provide the data and
analyses and advise NMFS regarding the
scientific information, including but not
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workshops, the scientific information,
including but not limited to data,
analyses, and models, used in stock
assessments that are used to advise
NMFS, as a delegate to the Secretary of
Commerce (Secretary), about the
conservation and management of the
Atlantic HMS, specifically but not
limited to, Atlantic sharks. Individuals
in the SEDAR Pool may be selected to
participate in the various data,
assessment, and review workshops
during the SEDAR process of any HMS
stock assessment. Individuals that
participated in a data and/or assessment
workshop for a particular stock
assessment may also be asked to attend
and/or provide information during the
review workshop to ensure that any
questions the reviewers may have can
be answered quickly and accurately. To
ensure that the peer review is unbiased,
individuals who participate in a data
and/or assessment workshop for a
particular stock assessment will not be
asked to participate in the review
workshop.
Members of the SEDAR Pool may
serve as members of other APs
concurrent with or following their
service on the SEDAR Pool, except that
members of the SEDAR Pool that were
invited to participate in the data and/or
assessment workshops for any particular
species during a specific stock
assessment may not participate in the
relevant review workshop for that stock
assessment.
Procedures and Guidelines
A. Participants
The SEDAR Pool will be comprised of
representatives of: commercial and
recreational fisheries for Atlantic HMS,
the environmental community active in
the conservation and management of
Atlantic HMS, and the academic
community that have relevant research
either with sharks or shark-like species
and/or stock assessment methodologies
for any marine fish species. Members of
the SEDAR Pool must have
demonstrated experience in the
fisheries, related industries, research,
teaching, writing, conservation, or
management of marine organisms. The
distribution of representation among the
interested parties is not defined and the
number of members in the SEDAR Pool
is not limited.
Additional members of the SEDAR
Pool may also include representatives
from each of the five Atlantic Regional
Fishery Management Councils, each of
the 18 constituent states, both the U.S.
Virgin Islands and Puerto Rico, and
each of the constituent interstate
commissions: the Atlantic States Marine
E:\FR\FM\19JAN1.SGM
19JAN1
]]>Agencies
[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Pages 2853-2856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-835]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XT76
False Killer Whale Take Reduction Team Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of establishment of a False Killer Whale Take Reduction
Team and meeting; request for comment.
-----------------------------------------------------------------------
SUMMARY: NMFS is establishing a Take Reduction Team (TRT) and convening
a TRT meeting to address the incidental mortality and serious injury of
the Hawaii Pelagic, Hawaii Insular, and Palmyra Atoll stocks of false
killer whales (Pseudorca crassidens) in the Hawaii-based deep-set and
shallow-set longline fisheries. The TRT will develop a Take Reduction
Plan (TRP) as required in the Marine Mammal Protection Act (MMPA). NMFS
will charge the TRT with developing a plan to reduce incidental
mortality and serious injury of these stocks in the Hawaii-based
longline fisheries to a level less than the Potential Biological
Removal (PBR) level for each stock within 6 months of implementation of
the plan and to a level approaching a zero mortality and serious injury
rate within 5 years of implementation of the plan.
DATES: The meeting will be held on February 17, 2010, from 1 p.m. to 5
p.m., on February 18, 2010, from 8:30 a.m. to 5 p.m., and from February
19, 2010, from 8 a.m. to 1 p.m. Comments on the inclusion within the
scope of the TRT of non-strategic marine mammal stocks interacting with
the Category I Hawaii-based deep-set longline fishery must be received
by February 18, 2010.
ADDRESSES: The False Killer Whale TRT meeting will be held at the
Sheraton Waikiki, 2255 Kalakaua Avenue, Honolulu, HI; Phone: (808) 922
4422, Fax: (808) 931 8883.
You may submit comments, information, or data, identified by the
Regulation Identifier Number [RIN 0648-XT76], by any one of the
following methods: (1) Electronic Submissions: Submit all electronic
information via the Federal eRulemaking Portal at https://www.regulations.gov; (2) Mail: Assistant Regional Administrator,
Protected Resources Division, National Marine Fisheries Service,
Pacific Islands Regional Office, 1601 Kapiolani Boulevard Suite 1110,
Honolulu, HI 96814.
Instructions: All comments received are a part of the public record
and may be posted to https://www.regulations.gov without change. All
personal identifying information (for example, name, address, etc.)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit confidential business information or otherwise sensitive or
protected information. 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,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Nancy Young, NMFS, Pacific Islands
Region, (808) 944-2282, nancy.young@noaa.gov; or Kristy Long, NMFS,
Office of Protected Resources, (301) 713-2322, kristy.long@noaa.gov.
SUPPLEMENTARY INFORMATION: Section 118(f)(1) of the Marine Mammal
Protection Act (MMPA) requires NMFS to develop and implement take
reduction plans designed to assist in the recovery or prevent the
depletion of each strategic stock that interacts with Category I and II
fisheries. It also provides NMFS discretion to develop and implement a
take reduction plan for any other marine mammal stocks that interact
with a Category I fishery, which the agency determines, after notice
and opportunity for public comment, has a high level of mortality and
serious injury across a number of such marine mammal stocks.
The MMPA defines a strategic stock as a marine mammal stock: (1)
for which the level of direct human-caused mortality exceeds the
Potential Biological Removal (PBR) level; (2) which is declining and is
likely to be listed under the Endangered Species Act (ESA) in the
foreseeable future; or (3) which is listed as threatened or endangered
under the ESA or as a depleted species under the MMPA (16 U.S.C.
1362(2)). PBR is the maximum number of animals, not including natural
mortalities, that may be removed from a marine mammal stock while
allowing that stock to reach or maintain its optimum sustainable
population. Category I or II fisheries are fisheries that,
respectively, have frequent or occasional incidental mortality and
serious injury of marine mammals.
As required under section 118 (f)(7) of the MMPA, the TRT shall
develop a draft TRP by consensus, and shall submit this draft TRP to
NMFS not later than 6 months after the date of the establishment of the
TRT. The Secretary of Commerce (Secretary) shall then consider the TRP,
and no later than 60 days after the submission of the draft TRP, NMFS
shall publish in the Federal Register the TRP and any implementing
regulations proposed by the team for a public comment period not to
exceed 90 days. Within 60 days of the close of the comment period, NMFS
shall issue a final TRP and any implementing regulations.
Marine Mammal Stocks Included Within the TRT Scope
Three false killer whale stocks identified in the U.S. Pacific
Marine Mammal Stock Assessment Reports (SAR) (Carretta et al., 2009a)
are included within the scope of the TRT:
(1) False killer whale, Hawaii Pelagic stock. The Hawaii Pelagic
stock includes false killer whales inhabiting waters outside of the
February-September longline exclusion zone around the main Hawaiian
Islands. The stock has been designated as strategic because the average
annual mortality and serious injury (M&SI) of false killer whales
incidental to the Category I Hawaii-based deep-set longline fishery
(7.4 animals per year) exceeds the
[[Page 2854]]
stock's PBR level (2.5 animals per year) (Carretta et al., 2009b).
(2) False killer whale, Hawaii Insular stock. The Hawaii Insular
stock includes false killer whales inhabiting waters within the
February-September longline exclusion zone around the main Hawaiian
Islands. The level of M&SI of this stock is not above the stock's PBR
level (0.8 animals per year), and the stock is not strategic (Carretta
et al., 2009b). The Final 2008 SAR and Draft 2009 SAR for the Insular
stock indicate no documented serious injuries or mortalities of animals
incidental to Hawaii's longline fisheries. However, the Insular stock
may be subject to interactions with longline fisheries: from October to
January, a small subset of longline fishing effort takes place within
the current stock range of the Hawaii Insular stock. Baird and Gorgone
(2005) documented a high rate of dorsal fin disfigurements, which were
consistent with injuries from unidentified fishing line. At the present
time, it is unknown whether these injuries might have been caused by
longline gear or other hook-and-line gear used around the main Hawaiian
Islands.
There is overlap in the geographic ranges of the Hawaii Pelagic and
Hawaii Insular stocks, and some serious injuries and mortalities that
were attributed to the Pelagic stock may in fact have been from the
Insular stock. Several of the observed false killer whale takes have
been in sets that straddled the current stock boundary (i.e., the set
start- and set end-locations were on either side of the boundary). The
boundaries between the stocks will likely be revised for the Draft 2010
SAR, and takes may be reassigned from the Pelagic stock to the Insular
stock. As a result, the Insular stock may also be listed as strategic
in the Draft 2010 SAR. Additionally, a status review has been initiated
to determine if listing of the insular population of Hawaiian false
killer whales under the ESA is warranted (75 FR 316, January 5, 2010).
Based on the overlap between the Insular and Pelagic stocks within the
range of the Hawaii-based longline fisheries, the potential for the
Insular population to be listed under the ESA in the foreseeable
future, and evidence that the Insular stock is declining (Reeves et
al., 2009), the Hawaii Insular stock of false killer whales is included
within the scope of the TRT. NMFS solicits public comments on whether
to include the non-strategic Insular stock within the scope of the TRT.
(3) False killer whale, Palymra Atoll stock. The Palmyra Atoll
stock includes false killer whales found within the U.S. Exclusive
Economic Zone (EEZ) of Palmyra Atoll. Human-caused M&SI levels (0.3
animals per year) do not exceed this stock's PBR (6.4 animals per
year), and this stock is not strategic (Carretta et al., 2009b).
However, NMFS is including this stock in the scope of the TRT because
there are documented interactions between the Category I deep-set
longline fishery and this stock. NMFS estimated the take rate of false
killer whales in longline fisheries as over 4-times higher within EEZ
waters of Palmyra Atoll (3.3 per 1000 sets) compared to the Hawaiian
Islands EEZ (0.7 per 1000 sets) and waters outside U.S. EEZs (0.8 per
1000 sets) (Forney and Kobayashi, 2007).
In addition, data indicate that false killer whale depredation of
catch and/or bait is increasing in the Hawaii-based longline fisheries.
False killer whales have been observed while vessels are in transit,
indicating that they may be following fishing boats. This behavior is
likely to increase interactions, and in fact, for the first time, there
have been multiple takes documented per set and per trip during 2008
and 2009 (NMFS Observer Program). Based on this information, NMFS is
concerned that the Palmyra Atoll stock may also have an increasing
potential to interact with the longline fisheries in the near future.
NMFS is including the Palmyra Atoll stock of false killer whales in the
scope of the TRT based on the documented high take rates of false
killer whales by Hawaii-based longline fisheries operating within the
Palmyra Atoll EEZ as described above, as well as the potential for
increased interactions in the future. NMFS solicits public comments on
including the non-strategic Palmyra Atoll stock within the scope of the
TRT.
Marine Mammal Stocks Not Included Within the TRT Scope
NMFS considered additional marine mammal stocks, but determined not
to include the following within the scope of the TRT:
(1) False killer whale, American Samoa stock. This stock is newly
defined for the 2010 Draft SARs, and includes false killer whales found
within the EEZ of American Samoa. No abundance estimate or PBR level is
currently available for this stock. Therefore, the level of M&SI
occurring incidental to commercial fisheries, particularly the American
Samoa longline fishery, cannot be assessed relative to PBR. However,
NMFS analysis suggests that the estimated rate of fisheries-related
M&SI within the American Samoa EEZ (7.8 animals per year) exceeds the
range of likely PBRs (0.4 7.5) (NMFS, unpublished data). Additional
research on the abundance of false killer whales in American Samoa is
needed to resolve the stock's status. Because NMFS lacks population
structure and abundance data, as well as relatively low observer
coverage in the American Samoa longline fishery (as noted below), this
stock will not be included in the scope of the TRT.
(2) Other marine mammal stocks in the Pacific Islands Region. All
but one of the other marine mammal stocks in the Pacific Islands Region
that interact with the fisheries under the scope of the TRT (see below)
are already at or below the insignificance threshold, which has been
defined in MMPA implementing regulations as 10% of PBR (50 CFR 229.2),
and will not be included in the scope of the TRT.
The humpback whale (Megaptera novaeangliae) is listed as
``endangered'' under the ESA, and designated as ``depleted'' under the
MMPA. As a result, the Central North Pacific (CNP) stock of humpback
whale is classified as a strategic stock (Allen and Angliss, 2009).
Total estimated M&SI of this stock is below the PBR of 20.4, but above
10% of PBR. The Draft 2009 SAR indicates no M&SI of this stock from
Hawaii-based longline fisheries (Allen and Angliss 2009), but one
serious injury was reported in the Hawaii-based shallow-set longline
fishery during 2006, with 100% observer coverage (Forney 2009). NMFS
previously conducted an analysis considering multiple quantitative and
qualitative factors to identify its priorities for establishing TRTs.
The CNP stock of humpback whales was considered a low priority, and
only for its interactions with commercial fisheries in the Alaska
Region. The stock's recovery does not appear to have been affected by
interactions with commercial fisheries, as results from the 2004-2006
Structure of Populations, Levels of Abundance, and Status of Humpbacks
(SPLASH) project indicate stock abundance has increased by 5.5-6.0% per
year (Allen and Angliss 2009). The humpback whale will not be included
in the scope of the present TRT.
Commercial Fisheries Included Within the TRT Scope
The TRT will address the following two fisheries:
(1) Hawaii-based deep-set longline fishery. The Category I Hawaii-
based deep-set longline fishery operates both within and outside of the
Hawaii EEZ (defined on the MMPA List of Fisheries (LOF) as the ``HI
deep-set (tuna target) longline/set line'' and ``Western Pacific
Pelagic (Deep-set component)''
[[Page 2855]]
fisheries). There have been numerous M&SI of false killer whales
documented in this fishery, including an estimated 7.4 animals per year
from the strategic Hawaii Pelagic stock of false killer whales, 0.3
animals per year from the non-strategic Palmyra Atoll stock, and 5.4
animals per year in international waters, where no U.S. stocks are
currently defined under the MMPA (Carretta et al., 2009b; Forney and
Kobayashi, 2007). At minimum, this fishery meets the MMPA requirement
for the development of a TRP because of the level of M&SI of false
killer whales belonging to the strategic Hawaii Pelagic stock.
(2) Hawaii-based shallow-set longline fishery. The Category II
Hawaii-based shallow-set longline fishery operates both within and
outside of the Hawaii EEZ (defined on the MMPA LOF as the ``HI shallow-
set (swordfish target) longline/set line'' and ``Western Pacific
Pelagic (Shallow-set component'' fisheries). No documented interactions
with false killer whales have been reported in the Final 2008 SAR or
Draft 2009 SAR (Carretta et al. 2009a, 2009b). However, there was an
observed interaction with a false killer whale from the Hawaii Pelagic
stock in 2008 that was determined to be a non-serious injury, and
another observed interaction that resulted in a serious injury of
either a false killer whale or a short-finned pilot whale, outside of
U.S. EEZs (Forney 2009). Another false killer whale interaction was
documented in 2009 just outside of the longline exclusion boundary (and
thus likely from the strategic Pelagic stock), but the determination
regarding the severity of the injury (i.e., serious versus not serious)
has not yet been made. Due to the concern over the rapid increase in
the number of false killer whale takes that are occurring in the deep-
set longline fishery, and the shallow-set fishery's recent interactions
with false killer whales (potentially with a strategic stock), this
fishery will be included in the scope of the TRT.
Commercial Fisheries Not Included Within the TRT Scope
The following fisheries were considered, but are not included in
the scope of the TRT:
(1) American Samoa longline fishery. This Category II fishery
differs from the Hawaii-based longline fisheries in terms of gear and
fishing practices, target species, and geographical area of operation.
Observer coverage has been less than 10% since a mandatory observer
program began in 2006. As stated above, there is very little
information on the level of interactions with false killer whales. Two
false killer whales were observed killed or seriously injured by the
fishery in 2008 (Oleson 2009), but it is unknown whether this level is
unsustainable because an abundance estimate and calculation of PBR for
the newly-defined American Samoa stock of false killer whales are not
available. Because NMFS lacks information about the impact this fishery
is having on the poorly understood American Samoa stock of false killer
whales, and because the differences between this fishery and the two
Hawaii-based longline fisheries would likely detract from the focus of
the TRT, this fishery is not being included within the scope of the
TRT.
(2) Hawaii shortline fishery. This fishery was added to the 2010
LOF as a Category II fishery, classified by analogy (50 CFR 229.2,
definition of ``Category II fishery'') to the two Hawaii-based longline
fisheries, based on the similarities between the gear used, areas
fished, and target species in the three fisheries, and anecdotal
reports of interactions with marine mammals off the north side of the
island of Maui. These reports have not been confirmed, and thus the
species involved and extent of the interactions are unknown. The
Western Pacific Fishery Management Council (Council) is considering
management of the fishery. Information gathered by Council staff
indicates that the shortline fishery is very small, with few
participants and low levels of landings. There is also a small amount
of data available and no observer coverage. Data confidentiality would
likely be an issue, making an understanding of the fishery and its
potential impacts on false killer whale stocks difficult. This fishery
will not be considered part of the scope of the TRT. However, if the
shortline fishery is documented to interact with a strategic stock in
the future, NMFS will consider bringing it under the scope of the TRT
at a later time.
List of Invited Participants
MMPA section 118 (f)(6)(C) requires that members of TRTs have
expertise regarding the conservation or biology of the marine mammal
species that the TRP will address, or the fishing practices that result
in the incidental mortality or serious injury of such species. The MMPA
further specifies that TRTs shall, to the maximum extent practicable,
consist of an equitable balance among representatives of resource user
and non-user interests.
NMFS has asked the following individuals to serve as members of the
TRT, which is tasked with developing recommendations to reduce
mortalities and serious injuries of three false killer whale stocks
incidental to Hawaii-based longline fisheries: William Aila, Hui Malama
I Kohola; Robin Baird, Cascadia Research Collective; Hannah Bernard,
Hawaii Wildlife Fund; Steven Beverly, Secretariat of the Pacific
Community; Brendan Cummings, Center for Biological Diversity; Paul
Dalzell, Western Pacific Fishery Management Council; Roger Dang,
Pacific Fishing & Supply, Inc.; Clint Funderburg, Fishing Vessels
Rachel and Golden Sable; John Hall, Fishing Vessel Zephyr; Kristy Long,
NMFS Office of Protected Resources; Kristine Lynch, Marine Mammal
Commission; Paul Nachtigall, Hawaii Institute of Marine Biology; David
Nichols, State of Hawaii; Victoria O'Connell, Coastal Marine Research;
Jerry Ray, Fishing Vessel Katy Mary; Andrew Read, Duke University;
Lance Smith, NMFS Pacific Islands Regional Office; Ryan Steen, Stoel
Rives LLP; and Sharon Young, The Humane Society of the United States.
Other individuals from NMFS and state and Federal agencies may be
present as observers or for their scientific expertise. Members of TRTs
serve without compensation, but may be reimbursed by NMFS, upon
request, for allowable travel costs and expenses incurred in performing
their duties as members of the team. The TRT will hold its first
meeting from February 17-19, 2010 in Honolulu, Hawaii (see DATES and
ADDRESSES).
NMFS fully intends to conduct the TRT process in a way that
provides for national consistency yet accommodates the unique regional
characteristics of the fishery and marine mammal stocks involved. Take
Reduction Teams are not subject to the Federal Advisory Committee Act
(5 App. U.S.C.).
Meetings are open to the public.
Public Comments Solicited
Comments are solicited on the inclusion within the scope of the TRT
of the non-strategic Hawaii Insular and Palmyra Atoll stocks of false
killer whales.
References
Allen, B.M. and R.P. Angliss. 2009. Draft Alaska Marine Mammal
Stock Assessments 2009. NOAA Technical Memorandum NOAA-TM-NMFS-AFSC-
xxx, 172 p.
Baird, R.W., and A.M. Gorgone. 2005. False killer whale dorsal fin
disfigurements as a possible indicator of longline fishery interactions
in Hawaiian waters. Pacific Science 59:593-601.
Carretta J.V., K.A. Forney, M.S. Lowry, J. Barlow, J. Baker, D.
Johnston,
[[Page 2856]]
B. Hanson, and M.M. Muto. 2009a U.S. Pacific marine mammal stock
assessments: 2008. NOAA Technical Memorandum NMFS-SWFSC-434. 340p.
Carretta, J.V., K.A. Forney, M.S. Lowry, J. Barlow, J. Baker, D.
Johnston, B. Hanson, R.L. Brownell Jr., J. Robbins, D.K. Mattila, K.
Ralls, M.M. Muto, D. Lynch, and L. Carswell. 2009b. Draft U.S. Pacific
Marine Mammal Stock Assessments: 2009. Available from SWFSC, 8604 La
Jolla Shores Drive, La Jolla, CA 92037.
Forney, K.A. 2009. Serious injury determinations for cetaceans
caught in Hawaii longline fisheries during 1994-2008. Draft document,
October 19, 2009. PSRG-2009-16.
Forney, K.A. and D.R. Kobayashi. 2007. Updated estimates of
mortality and injury of cetaceans in the Hawaii-based longline fishery,
1994-2005. NOAA Tech. Memo. NOAA-TM-NMFS-SWFSC-412, 30p.
Oleson, E.M. 2009. Characteristics of the American Samoa Longline
Fishery and Estimates of Cetacean Take, 2006-2008. PSRG-2009-14.
Reeves, R.R., S. Leatherwood, and R.W. Baird. 2009. Evidence of a
Possible Decline since 1989 in False Killer Wales (Pseudorca
crassidens) around the Main Hawaiian Islands. Pacific Science 63: 253-
261.
Dated: January 13, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-835 Filed 1-15-10; 8:45 am]
BILLING CODE 3510-22-S
