Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Listing of Fisheries, 11493-11494 [2012-4513]

Download as PDF Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [XRIN 0648–XA976] Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Listing of Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Marine Mammal Protection Act (MMPA) requires NMFS to publish in the Federal Register a list of fisheries that have been authorized to take threatened or endangered marine mammals. A list of such fisheries was published December 29, 2010, which authorized the taking of certain marine mammals listed as threatened or endangered under the Endangered Species Act (ESA) incidental to commercial fishing. With issuance of this notice, NMFS adds West Coast groundfish fisheries to this list for one stock of marine mammals—the Eastern U.S. stock of Steller sea lions. ADDRESSES: Reference material for this determination is available on the Internet at the following address: https://www.alaskafisheries.noaa.gov/ index/analyses/analyses.asp. The Recovery plan for Steller sea lions is available on the Internet at the following address: https://www.nmfs.noaa.gov/pr/ pdfs/recovery/stellersealion.pdf. Copies of the reference materials may also be obtained from the Protected Resources Division, NMFS, Northwest Region, Protected Resources Division, 7600 Sand Point Way NE. Attention— Donna Darm, Assistant Regional Administrator. SUMMARY: FOR FURTHER INFORMATION CONTACT: Lynne Barre, NMFS Northwest Region, (206) 526–4745; Kristy Long, NMFS Office of Protected Resources, (301) 427–8440. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES Background Under the MMPA, section 101(a)(5)(E) NMFS shall allow the taking of marine mammals from species or stocks listed as threatened or endangered under the ESA (16 U.S.C. 1531 et seq.) incidental to commercial fishing operations if NMFS determines that: (1) Incidental mortality and serious injury will have a negligible impact on the affected species or stock; (2) a recovery plan has been developed or is being developed for VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 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. On December 29, 2010, NMFS issued a 3-year permit to participants in Alaska groundfish fisheries under MMPA section 101(a)(5)(E) for the incidental taking of marine mammal stocks listed under the ESA, including the threatened Eastern U.S. stock of Steller sea lions (75 FR 81972). Along with issuing the permit, NMFS made a final Negligible Impact Determination (NID), identified the recovery plan and described monitoring plans satisfying the three criteria listed above. The notice included a list of fisheries that have been authorized to take threatened or endangered species. The NID included an analysis of impacts from West Coast groundfish fisheries on the Eastern U.S. stock of Steller sea lions and with this notice, NMFS is adding West Coast groundfish fisheries (including CA set gill net, CA/OR/WA salmon troll, WA/ OR/CA groundfish, bottomfish longline/ set line, WA/OR North Pacific halibut longline/set line, CA halibut bottom trawl, WA/OR/CA shrimp trawl, WA/ OR/CA groundfish trawl, CA coonstripe shrimp, rock crab, tanner crab pot or trap, and WA groundfish, bottomfish jig) to the previous list of fisheries published on December 29, 2010, for the Eastern U.S. stock of Steller sea lions. Negligible Impact Determination Prior to issuing a permit to take ESAlisted marine mammals incidental to commercial fishing, NMFS must determine if the mortality and serious injury incidental to commercial fisheries will have a negligible impact on the affected species or stocks of marine mammals. The final NID (December 29, 2010; 75 FR 81972) for the Eastern U.S. stock of Steller sea lions is available at: https:// www.alaskafisheries.noaa.gov/index/ analyses/analyses.asp. The minimum estimated mortality and serious injury rate incidental to commercial fisheries (both U.S. and Canadian) is 25.6 Eastern U.S. stock Steller sea lions per year. This estimate considered interactions with all U.S. fisheries, including observer data from the WA/OR/CA groundfish trawl fishery. The estimated mortality and serious injury rate due to other human related sources is 15.1 animals per year. Based on the status information in the stock assessment report (Allen and PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 11493 Angliss 2010), the current level of Potential Biological Removal (PBR) for Eastern U.S. stock Steller sea lions is 2,378 animals. The total human related mortality (25.6 + 15.1) is 40.7 per year which is less than 10 percent of this stock’s PBR (237.8 animals). Therefore, NMFS determined that the annual mortality and serious injury incidental to commercial fisheries will have a negligible impact on the Eastern U.S. stock of Steller sea lions (December 29, 2010; 75 FR 81972). Recovery Plans A Recovery Plan for Steller sea lions has been completed and is available on the Internet at the following address: https://www.nmfs.noaa.gov/pr/pdfs/ recovery/stellersealion.pdf. Accordingly, the requirement to have recovery plans in place or being developed is satisfied. Monitoring Program MMPA 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. West Coast groundfish fisheries are considered Category III with respect to Steller sea lions and therefore, no permit or registration is required, however, reports of incidental mortality or injury of marine mammals are required. The Marine Mammal Authorization Program which provides reporting requirements and forms has been integrated into the state fishery permit programs. Take Reduction Plans Subject to available funding, MMPA section 118 requires a Take Reduction Plan (TRP) in cases where a strategic stock interacts with a Category I or II fishery. The Eastern U.S. stock of Steller sea lions is designated as a strategic stock under the MMPA because it is listed as threatened under the ESA. The short-term goal of a TRP is to reduce mortality and serious injury of marine mammals incidental to commercial fishing to levels below PBR and has been realized. The long-term goal of a TRP is to reduce incidental mortality and serious injury to insignificant levels approaching a zero mortality and serious injury rate, taking into account the economics of the fishery, the availability of existing technology, and existing State or regional fishery management plans. Mortality and serious injury of Steller sea lions, Eastern U.S. stock are at an insignificant level, approaching a zero mortality and E:\FR\FM\27FEN1.SGM 27FEN1 11494 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices serious injury rate (Allen and Angliss, 2010). MMPA section 118(b)(2) states that fisheries maintaining such mortality and serious injury levels are not required to further reduce their mortality and serious injury rates. Because the goals of TRPs are to reduce mortality and serious injury of marine mammals incidental to commercial fishing operations, no TRP is required for this stock. MMPA section 101(a)(5)(E) requires NMFS to publish in the Federal Register a list of fisheries that have been authorized to take threatened or endangered marine mammals. A list of such fisheries was published December 29, 2010 (75 FR 81972), which authorized the taking of certain threatened or endangered marine mammals incidental to commercial fishing. With issuance of this notice, NMFS adds 9 Category III fisheries (including CA set gill net, CA/OR/WA salmon troll, WA/OR/CA groundfish, bottomfish longline/set line, WA/OR North Pacific halibut longline/set line, CA halibut bottom trawl, WA/OR/CA shrimp trawl, WA/OR/CA groundfish trawl, CA coonstripe shrimp, rock crab, tanner crab pot or trap, and WA groundfish, bottomfish jig) to this list for the Eastern U.S. stock of Steller sea lions (Table 1). TABLE 1—LIST OF FISHERIES AUTHORIZED TO TAKE THREATENED AND ENDANGERED MARINE MAMMALS INCIDENTAL TO FISHING OPERATIONS Fishery Category Marine mammal stock HI deep-set (tuna target) longline/set line ................................ Hi shallow-set (swordfish target) longline/set line .................... AK Bering Sea/Aleutian Islands flatfish trawl ........................... AK Bering Sea/Aleutian Island pollock trawl ............................ AK Bering Sea sablefish pot .................................................... AK Bering Sea/Aleutian Islands Pacific cod longline fisheries AK miscellaneous finfish set gillnet .......................................... AK Gulf of Alaska sablefish longline ........................................ AK halibut longline/set line (State and Federal waters) ........... AK Bering Sea/Aleutian Islands Atka mackerel trawl .............. AK Bering Sea/Aleutian Islands Pacific cod trawl .................... AK Gulf of Alaska Pacific cod trawl ......................................... AK Gulf of Alaska pollock trawl ................................................ CA set gill net ........................................................................... CA/OR/WA salmon troll ............................................................ WA/OR/CA groundfish, bottomfish longline/set line ................. WA/OR North Pacific halibut longline/set line .......................... CA halibut bottom trawl ............................................................ WA/OR/CA shrimp trawl ........................................................... WA/OR/CA groundfish trawl ..................................................... CA coonstripe shrimp, rock crab, tanner crab pot or trap ....... WA groundfish, bottomfish jig .................................................. I II II II II II III III III III III III III III III III III III III III III III Humpback whale, CNP stock. Humpback whale, CNP stock. Steller sea lion, Western stock. Fin whale, NEP stock; Steller sea lion, Western stock. Humpback whale, WNP stock; Humpback whale, CNP stock. Steller sea lion, Western stock. Steller sea lion, Western stock. Sperm whale, NP; Steller sea lion, Eastern stock. Steller sea lion, Western stock. Steller sea lion, Western stock. Steller sea lion, Western stock. Steller sea lion, Western stock. Fin whale, NEP stock; Steller sea lion, Western stock. None documented. None documented. None documented. None documented. None documented. None documented. Steller sea lion, Eastern stock. None documented. None documented. Dated: February 17, 2012. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–4513 Filed 2–24–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD–2012–OS–0024] Proposed Collection; Comment Request Office of the Under Secretary of Defense (Personnel and Readiness), DoD. ACTION: Notice. srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: Pursuant to 44 U.S.C. 3506(c)(2)(A) (the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.) the Office of the Under Secretary of Defense (Personnel and Readiness) announces the following proposed reinstatement of a public information collection and SUMMARY: VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) The accuracy of the agency’s estimate of burden of the proposed information collection; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by April 27, 2012. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 4800 Mark Center Drive, PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 East Tower, 2nd floor, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https://www. regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Office of the Under Secretary of Defense (Personnel and Readiness) (Military Community and Family Policy), ATTN: Mr. James M. Ellis, 4000 Defense Pentagon, Washington, DC 20301–4000 or call (703) 588–0877. Title, Associated Form, and OMB Control Number: Application for Discharge of Member or Survivor of E:\FR\FM\27FEN1.SGM 27FEN1

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[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11493-11494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4513]



[[Page 11493]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[XRIN 0648-XA976]


Taking of Threatened or Endangered Marine Mammals Incidental to 
Commercial Fishing Operations; Listing of Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Marine Mammal Protection Act (MMPA) requires NMFS to 
publish in the Federal Register a list of fisheries that have been 
authorized to take threatened or endangered marine mammals. A list of 
such fisheries was published December 29, 2010, which authorized the 
taking of certain marine mammals listed as threatened or endangered 
under the Endangered Species Act (ESA) incidental to commercial 
fishing. With issuance of this notice, NMFS adds West Coast groundfish 
fisheries to this list for one stock of marine mammals--the Eastern 
U.S. stock of Steller sea lions.

ADDRESSES: Reference material for this determination is available on 
the Internet at the following address: https://www.alaskafisheries.noaa.gov/index/analyses/analyses.asp. The Recovery 
plan for Steller sea lions is available on the Internet at the 
following address: https://www.nmfs.noaa.gov/pr/pdfs/recovery/stellersealion.pdf.
    Copies of the reference materials may also be obtained from the 
Protected Resources Division, NMFS, Northwest Region, Protected 
Resources Division, 7600 Sand Point Way NE. Attention--Donna Darm, 
Assistant Regional Administrator.

FOR FURTHER INFORMATION CONTACT: Lynne Barre, NMFS Northwest Region, 
(206) 526-4745; Kristy Long, NMFS Office of Protected Resources, (301) 
427-8440.

SUPPLEMENTARY INFORMATION:

Background

    Under the MMPA, section 101(a)(5)(E) NMFS shall allow the taking of 
marine mammals from species or stocks listed as threatened or 
endangered under the ESA (16 U.S.C. 1531 et seq.) incidental to 
commercial fishing operations if NMFS determines that: (1) Incidental 
mortality and serious injury will have a negligible impact on the 
affected species or stock; (2) a recovery plan has been developed or is 
being developed for such species or stock under the ESA; and (3) where 
required under section 118 of the MMPA, a monitoring program has been 
established, vessels engaged in such fisheries are registered in 
accordance with section 118 of the MMPA, and a take reduction plan has 
been developed or is being developed for such species or stock.
    On December 29, 2010, NMFS issued a 3-year permit to participants 
in Alaska groundfish fisheries under MMPA section 101(a)(5)(E) for the 
incidental taking of marine mammal stocks listed under the ESA, 
including the threatened Eastern U.S. stock of Steller sea lions (75 FR 
81972). Along with issuing the permit, NMFS made a final Negligible 
Impact Determination (NID), identified the recovery plan and described 
monitoring plans satisfying the three criteria listed above. The notice 
included a list of fisheries that have been authorized to take 
threatened or endangered species. The NID included an analysis of 
impacts from West Coast groundfish fisheries on the Eastern U.S. stock 
of Steller sea lions and with this notice, NMFS is adding West Coast 
groundfish fisheries (including CA set gill net, CA/OR/WA salmon troll, 
WA/OR/CA groundfish, bottomfish longline/set line, WA/OR North Pacific 
halibut longline/set line, CA halibut bottom trawl, WA/OR/CA shrimp 
trawl, WA/OR/CA groundfish trawl, CA coonstripe shrimp, rock crab, 
tanner crab pot or trap, and WA groundfish, bottomfish jig) to the 
previous list of fisheries published on December 29, 2010, for the 
Eastern U.S. stock of Steller sea lions.

Negligible Impact Determination

    Prior to issuing a permit to take ESA-listed marine mammals 
incidental to commercial fishing, NMFS must determine if the mortality 
and serious injury incidental to commercial fisheries will have a 
negligible impact on the affected species or stocks of marine mammals. 
The final NID (December 29, 2010; 75 FR 81972) for the Eastern U.S. 
stock of Steller sea lions is available at: https://www.alaskafisheries.noaa.gov/index/analyses/analyses.asp.
    The minimum estimated mortality and serious injury rate incidental 
to commercial fisheries (both U.S. and Canadian) is 25.6 Eastern U.S. 
stock Steller sea lions per year. This estimate considered interactions 
with all U.S. fisheries, including observer data from the WA/OR/CA 
groundfish trawl fishery. The estimated mortality and serious injury 
rate due to other human related sources is 15.1 animals per year. Based 
on the status information in the stock assessment report (Allen and 
Angliss 2010), the current level of Potential Biological Removal (PBR) 
for Eastern U.S. stock Steller sea lions is 2,378 animals. The total 
human related mortality (25.6 + 15.1) is 40.7 per year which is less 
than 10 percent of this stock's PBR (237.8 animals). Therefore, NMFS 
determined that the annual mortality and serious injury incidental to 
commercial fisheries will have a negligible impact on the Eastern U.S. 
stock of Steller sea lions (December 29, 2010; 75 FR 81972).

Recovery Plans

    A Recovery Plan for Steller sea lions has been completed and is 
available on the Internet at the following address: https://www.nmfs.noaa.gov/pr/pdfs/recovery/stellersealion.pdf. Accordingly, the 
requirement to have recovery plans in place or being developed is 
satisfied.

Monitoring Program

    MMPA 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. West Coast groundfish 
fisheries are considered Category III with respect to Steller sea lions 
and therefore, no permit or registration is required, however, reports 
of incidental mortality or injury of marine mammals are required. The 
Marine Mammal Authorization Program which provides reporting 
requirements and forms has been integrated into the state fishery 
permit programs.

Take Reduction Plans

    Subject to available funding, MMPA section 118 requires a Take 
Reduction Plan (TRP) in cases where a strategic stock interacts with a 
Category I or II fishery. The Eastern U.S. stock of Steller sea lions 
is designated as a strategic stock under the MMPA because it is listed 
as threatened under the ESA. The short-term goal of a TRP is to reduce 
mortality and serious injury of marine mammals incidental to commercial 
fishing to levels below PBR and has been realized.
    The long-term goal of a TRP is to reduce incidental mortality and 
serious injury to insignificant levels approaching a zero mortality and 
serious injury rate, taking into account the economics of the fishery, 
the availability of existing technology, and existing State or regional 
fishery management plans. Mortality and serious injury of Steller sea 
lions, Eastern U.S. stock are at an insignificant level, approaching a 
zero mortality and

[[Page 11494]]

serious injury rate (Allen and Angliss, 2010). MMPA section 118(b)(2) 
states that fisheries maintaining such mortality and serious injury 
levels are not required to further reduce their mortality and serious 
injury rates. Because the goals of TRPs are to reduce mortality and 
serious injury of marine mammals incidental to commercial fishing 
operations, no TRP is required for this stock.
    MMPA section 101(a)(5)(E) requires NMFS to publish in the Federal 
Register a list of fisheries that have been authorized to take 
threatened or endangered marine mammals. A list of such fisheries was 
published December 29, 2010 (75 FR 81972), which authorized the taking 
of certain threatened or endangered marine mammals incidental to 
commercial fishing. With issuance of this notice, NMFS adds 9 Category 
III fisheries (including CA set gill net, CA/OR/WA salmon troll, WA/OR/
CA groundfish, bottomfish longline/set line, WA/OR North Pacific 
halibut longline/set line, CA halibut bottom trawl, WA/OR/CA shrimp 
trawl, WA/OR/CA groundfish trawl, CA coonstripe shrimp, rock crab, 
tanner crab pot or trap, and WA groundfish, bottomfish jig) to this 
list for the Eastern U.S. stock of Steller sea lions (Table 1).

 Table 1--List of Fisheries Authorized To Take Threatened and Endangered
             Marine Mammals Incidental to Fishing Operations
------------------------------------------------------------------------
             Fishery                   Category      Marine mammal stock
------------------------------------------------------------------------
HI deep-set (tuna target)                        I   Humpback whale, CNP
 longline/set line.                                   stock.
Hi shallow-set (swordfish                       II   Humpback whale, CNP
 target) longline/set line.                           stock.
AK Bering Sea/Aleutian Islands                  II   Steller sea lion,
 flatfish trawl.                                      Western stock.
AK Bering Sea/Aleutian Island                   II   Fin whale, NEP
 pollock trawl.                                       stock; Steller sea
                                                      lion, Western
                                                      stock.
AK Bering Sea sablefish pot.....                II   Humpback whale, WNP
                                                      stock; Humpback
                                                      whale, CNP stock.
AK Bering Sea/Aleutian Islands                  II   Steller sea lion,
 Pacific cod longline fisheries.                      Western stock.
AK miscellaneous finfish set                   III   Steller sea lion,
 gillnet.                                             Western stock.
AK Gulf of Alaska sablefish                    III   Sperm whale, NP;
 longline.                                            Steller sea lion,
                                                      Eastern stock.
AK halibut longline/set line                   III   Steller sea lion,
 (State and Federal waters).                          Western stock.
AK Bering Sea/Aleutian Islands                 III   Steller sea lion,
 Atka mackerel trawl.                                 Western stock.
AK Bering Sea/Aleutian Islands                 III   Steller sea lion,
 Pacific cod trawl.                                   Western stock.
AK Gulf of Alaska Pacific cod                  III   Steller sea lion,
 trawl.                                               Western stock.
AK Gulf of Alaska pollock trawl.               III   Fin whale, NEP
                                                      stock; Steller sea
                                                      lion, Western
                                                      stock.
CA set gill net.................               III   None documented.
CA/OR/WA salmon troll...........               III   None documented.
WA/OR/CA groundfish, bottomfish                III   None documented.
 longline/set line.
WA/OR North Pacific halibut                    III   None documented.
 longline/set line.
CA halibut bottom trawl.........               III   None documented.
WA/OR/CA shrimp trawl...........               III   None documented.
WA/OR/CA groundfish trawl.......               III   Steller sea lion,
                                                      Eastern stock.
CA coonstripe shrimp, rock crab,               III   None documented.
 tanner crab pot or trap.
WA groundfish, bottomfish jig...               III   None documented.
------------------------------------------------------------------------


    Dated: February 17, 2012.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2012-4513 Filed 2-24-12; 8:45 am]
BILLING CODE 3510-22-P
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