Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations; Issuance of Permit, 33726-33731 [2014-13683]
Download as PDF
<![CDATA[
33726
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices
Estimated Number of Respondents:
600.
Estimated Time per Response: 2
hours, 30 minutes.
Estimated Total Annual Burden
Hours: 2,400.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.
FOR FURTHER INFORMATION CONTACT:
Melissa Garcia, 301–427–8385.
IV. Request for Comments
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 the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: June 6, 2014.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2014–13703 Filed 6–11–14; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD235
International Whaling Commission;
65th Meeting; Announcement of Public
Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
This notice announces the
date, time, and location of the public
meeting being held prior to the 65th
International Whaling Commission
(IWC) meeting.
DATES: The public meeting will be held
August 7, 2014, at 2 p.m.
ADDRESSES: The meeting will be held in
the NOAA Science Center Room, 1301
East-West Highway, Silver Spring, MD
20910.
rmajette on DSK7SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
21:18 Jun 11, 2014
Jkt 232001
The
Secretary of Commerce is responsible
for discharging the domestic obligations
of the United States under the
International Convention for the
Regulation of Whaling, 1946. The U.S.
IWC Commissioner has responsibility
for the preparation and negotiation of
U.S. positions on international issues
concerning whaling and for all matters
involving the IWC. The U.S. IWC
Commissioner is staffed by the
Department of Commerce and assisted
by the Department of State, the
Department of the Interior, the Marine
Mammal Commission, and other U.S.
Government agencies.
A draft agenda for the upcoming IWC
meeting is posted on the IWC
Secretariat’s Web site at https://
www.iwc.int.
NOAA will a hold public meeting to
discuss the tentative U.S. positions for
the September 2014 IWC meeting in
Slovenia. Because the meeting will
address U.S. positions, the substance of
the meeting must be kept confidential.
Any U.S. citizen with an identifiable
interest in U.S. whale conservation
policy may participate, but NOAA
reserves the authority to inquire about
the interests of any person who appears
at the meeting and to determine the
appropriateness of that person’s
participation. In particular, persons who
represent foreign interests may not
attend. Persons deemed by NOAA to be
ineligible to attend will be asked to
leave the meeting. These stringent
measures are necessary to protect the
confidentiality of U.S. negotiating
positions.
The August 7, 2014, meeting will be
held in the NOAA Science Center
Room, 1301 East-West Highway, Silver
Spring, MD 20910. Photo identification
is required to enter the building.
SUPPLEMENTARY INFORMATION:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Melissa Garcia, Melissa.Garcia@
noaa.gov or 301–427–8385, by July 24,
2014.
Dated: June 9, 2014.
´
Jean-Pierre Ple,
Acting Director, Office of International
Affairs, National Marine Fisheries Service.
[FR Doc. 2014–13801 Filed 6–11–14; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD269
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations;
Issuance of Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS plans to issue a permit
for a period of three years to authorize
the incidental, but not intentional,
taking of three stocks of marine
mammals listed as threatened or
endangered under the Endangered
Species Act (ESA) by the Hawaii deepset and shallow-set longline fisheries. In
accordance with the Marine Mammal
Protection Act (MMPA), NMFS must
issue this permit provided that it can
make the determinations that: The
incidental take will have a negligible
impact on the affected stocks; a recovery
plan for all affected stocks of threatened
or endangered marine mammals has
been developed or is being developed;
and as required by the MMPA, a take
reduction plan and monitoring program
have been implemented and vessels in
the Hawaii deep-set and shallow-set
longline fisheries are registered. NMFS
has made a preliminary determination
that incidental taking from commercial
fishing will have a negligible impact on
the endangered humpback whale,
Central North Pacific (CNP) stock;
sperm whale, Hawaii stock; and false
killer whale, Main Hawaiian Islands
(MHI) insular stock. Recovery plans
have been completed for humpback and
sperm whales, and a recovery plan has
been initiated for MHI insular false
killer whales. NMFS solicits public
comments on the draft negligible impact
determination and on the proposal to
issue a permit to vessels that operate in
these fisheries for the taking of affected
endangered stocks of marine mammals.
DATES: Comments must be received by
July 14, 2014.
ADDRESSES: The draft Negligible Impact
Determination and list of references
contained in this notice are available in
electronic form via the Internet at:
https://www.fpir.noaa.gov/DIR/dir_
public_documents.html.
You may submit comments, identified
by NOAA–NMFS–2014–0052, by any of
the following methods:
Electronic Submissions: Submit all
electronic public comments via the
SUMMARY:
E:\FR\FM\12JNN1.SGM
12JNN1
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140052, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Send comments or requests to:
Alecia VanAtta, Assistant Regional
Administrator, Protected Resources
Division, Pacific Islands Region, 1845
Wasp Blvd., Building 176; Honolulu, HI
96818. Comments may also be faxed to
(808) 973–2941.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
N/A in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Dawn Golden, NMFS Pacific Islands
Region, (808) 725–5144, or Shannon
Bettridge, NMFS Office of Protected
Resources, (301) 427–8402.
SUPPLEMENTARY INFORMATION:
rmajette on DSK7SPTVN1PROD with NOTICES
Background
Section 101(a)(5)(E) of the Marine
Mammal Protection Act (MMPA), 16
U.S.C. 1361 et seq., states that NOAA’s
National Marine Fisheries Service
(NMFS), as delegated by the Secretary of
Commerce, shall for a period of up to
three years allow the incidental taking
of marine mammal species listed under
the Endangered Species Act (ESA), 16
U.S.C. 1531 et seq., by persons using
vessels of the United States and those
vessels which have valid fishing permits
issued by the Secretary in accordance
with section 204(b) of the MagnusonStevens Fishery Conservation and
Management Act, 16 U.S.C. 1824(b),
while engaging in commercial fishing
operations, if NMFS makes certain
determinations. NMFS must determine,
after notice and opportunity for public
comment, that: (1) Incidental mortality
and serious injury (M&SI) will have a
negligible impact on the affected species
or stock; (2) a recovery plan has been
developed or is being developed for
such species or stock under the ESA;
and (3) where required under section
VerDate Mar<15>2010
21:18 Jun 11, 2014
Jkt 232001
118 of the MMPA, a monitoring program
has been established, vessels engaged in
such fisheries are registered in
accordance with section 118 of the
MMPA, and a take reduction plan has
been developed or is being developed
for such species or stock.
NMFS is considering the issuance of
a permit under MMPA section
101(a)(5)(E) to vessels registered in the
Hawaii deep-set longline fishery to
incidentally take individuals from three
stocks of threatened or endangered
marine mammals: The Central North
Pacific (CNP) stock of humpback whales
(Megaptera novaeangliae), the Hawaii
stock of sperm whales (Physeter
macrocephalus), and the MHI insular
stock of false killer whales (Pseudorca
crassidens); and to vessels registered in
the Hawaii shallow-set longline fishery
to incidentally take individuals from the
CNP stock of humpback whales. The
data for considering these
authorizations were reviewed
coincident with the preparation of the
2014 MMPA List of Fisheries (LOF or
List) (79 FR 14418, March 14, 2014), the
2013 marine mammal draft stock
assessment reports (SARs) (Carretta et
al. 2013; Allen and Angliss 2013),
recovery plans for humpback and sperm
whales, the False Killer Whale Take
Reduction Plan, and other relevant
sources.
The vessels operating in the Hawaii
deep-set and the shallow-set longline
fisheries are in the ranges of affected
stocks and are currently considered for
authorization. A detailed description of
these fisheries can be found below. The
Hawaii deep-set longline fishery is the
only Category I fishery operating around
Hawaii. The Hawaii shallow-set
longline fishery is a Category II fishery;
all other Category II fisheries that may
interact with the marine mammal stocks
observed off the coast of Hawaii are
State-managed and are not considered
for authorization under this permit.
Participants in Category III fisheries are
not required to obtain incidental take
permits under MMPA section
101(a)(5)(E) but are required to report
injuries or mortalities of marine
mammals incidental to their operations.
Basis for Determining Negligible Impact
As described above, prior to issuing a
permit to take ESA-listed marine
mammals incidental to commercial
fishing, NMFS must determine if M&SI
incidental to commercial fisheries will
have a negligible impact on the affected
species or stocks of marine mammals.
NMFS satisfies this requirement through
completion of a negligible impact
determination (NID). NMFS clarifies
that incidental M&SI from commercial
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
33727
fisheries includes M&SI from
entanglement or hooking in fishing gear.
Indirect effects, such as the effects of
removing prey from habitat, are not
included in this analysis. A biological
opinion prepared under ESA section 7
considers direct and indirect effects of
Federal actions and, thus, contains a
broader scope of analysis than is
required by MMPA section 101(a)(5)(E).
Although the MMPA does not define
‘‘negligible impact,’’ NMFS has issued
regulations providing a qualitative
definition of ‘‘negligible impact,’’ as
defined in 50 CFR 216.103 and, through
scientific analysis, peer review, and
public notice, developed a quantitative
approach and, as it applies here, is ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’ The
development of the approach and
process was outlined in detail in the
current draft NID made available
through this notice and was included in
previous notices for other permits to
take threatened or endangered marine
mammals incidental to commercial
fishing (e.g. 72 FR 60814; October 26,
2010; for the CNP stock of humpback
whales).
Criteria for Determining Negligible
Impact
In 1999 NMFS adopted criteria for
making negligible impact
determinations for MMPA 101(a)(5)(E)
permits (64 FR 28800; May 27, 1999). In
applying the 1999 criteria to determine
whether M&SI incidental to commercial
fisheries will have a negligible impact
on a listed marine mammal stock,
Criterion 1 (total human-related M&SI is
less than 10% of the potential biological
removal level (PBR)) is the starting point
for analysis. If this criterion is satisfied
(i.e., total human-related M&SI is less
than 10% of PBR), the analysis would
be concluded, and the impact would be
determined to be negligible. If Criterion
1 is not satisfied, NMFS may use one of
the other criteria as appropriate. The
remaining criteria describe alternatives
under certain conditions. Criterion 2 is
satisfied if the total human-related M&SI
is greater than PBR, but fisheries-related
M&SI is less than 10% of PBR. If
Criterion 2 is satisfied, vessels operating
in individual fisheries may be permitted
if management measures are being taken
to address non-fisheries-related M&SI.
Criterion 3 is satisfied if total fisheriesrelated M&SI is greater than 10% of PBR
and less than PBR, and the population
is stable or increasing. Fisheries may
then be permitted subject to individual
E:\FR\FM\12JNN1.SGM
12JNN1
33728
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices
review and certainty of data. Criterion 4
stipulates that if the population
abundance of a stock is declining, the
threshold level of 10% of PBR will
continue to be used. Criterion 5 states
that if total fisheries-related serious
injuries and mortalities are greater than
PBR, permits may not be issued for that
species or stock.
The time frame for this analysis
includes the most recent 5-year period
for which available data have been
processed (January 1, 2007 through
December 31, 2011). The NMFS
Guidelines for the Assessment of Marine
Mammal Stocks (GAMMS) and the
subsequent GAMMS II provide guidance
that, when available, the most recent 5year time frame of commercial fishery
incidental M&SI data is an appropriate
measure of the effects of fishing
operations on marine mammals (Wade
and Angliss 1997). A 5-year time frame
provides enough data to adequately
capture year-to-year variations in take
levels, while reflecting current
environmental and fishing conditions,
as they may change over time.
Additionally, because the permit issued
under MMPA section 101(a)(5)(E) is for
a three-year period, the most up-to-date
data available for complete years are
used (i.e., 2007–2011).
rmajette on DSK7SPTVN1PROD with NOTICES
Negligible Impact Determinations
The draft NID made available through
this notice provides a complete analysis
of the criteria for determining whether
commercial fisheries off Hawaii are
having a negligible impact on the stocks
of humpback whales, sperm whales, and
MHI insular false killer whales. A
summary of the analysis and subsequent
negligible impact determinations
follows.
Criterion 1 Analysis
Criterion 1 would be satisfied if the
total human-related M&SI is less than
10% of PBR. The 5-year (2007–2011)
annual average M&SI to the Hawaii
stock of sperm whales from all humancaused sources is 0.7 animals, which is
6.89% of this stock’s PBR of 10.2 (i.e.,
below the 10% of PBR [1.02] threshold).
Since the beginning of the NMFS
Hawaii longline observer program in
1995, no deaths of sperm whales have
been attributed to the Hawaii deep-set
or shallow-set longline fishery.
However, in 2011 a sperm whale was
reported seriously injured (prorated as
0.75 serious injury) after interacting
with the Hawaii deep-set longline
fishery. Two other interactions with
sperm whales in 1999 and 2002 were
considered non-serious injuries. Based
on this low likelihood of interactions,
considered together with the lack of
VerDate Mar<15>2010
21:18 Jun 11, 2014
Jkt 232001
impacts of other commercial fisheries
and other human-caused impacts,
Criterion 1 has been met. Therefore,
NMFS determines that M&SI incidental
to commercial fisheries will have a
negligible impact on the Hawaii stock of
sperm whales.
The 5-year (2007–2011) annual
average M&SI to the CNP stock of
humpback whales from all humancaused sources is 16.20 animals, which
is 26.74% of this stock’s PBR of 61.2
(i.e., above the 10% of PBR [6.1 animals]
threshold). The total annual humanrelated M&SI for this stock of humpback
whales is not less than 10% of PBR for
the time frame considered.
The 5-year (2007–2011) annual
average M&SI of the MHI insular false
killer whale stock from all humancaused sources is estimated to be 0.1
animals, which is 33.3% of this stock’s
PBR of 0.3 (i.e., above the 10% of PBR
[0.03] threshold). The total annual
human-related M&SI for this stock of
humpback whales is not less than 10%
of PBR for the time frame considered.
Criterion 1 was not satisfied for the
CNP humpback and MHI insular false
killer whales because the total annual
human-related M&SI for these two
stocks is not less than 10% of PBR for
each stock for the time frame
considered. As a result, other criteria
must be examined for the CNP
humpback and MHI insular false killer
whale stocks.
Criterion 2 Analysis
Criterion 2 would be satisfied if the
total human-related M&SI is greater than
PBR, but fisheries-related M&SI is less
than 10% of PBR. This criterion was not
satisfied for either the CNP humpback
or the MHI insular false killer whale
because while total human-related M&SI
(detailed above) is less than PBR for
each stock, and total fisheries-related
M&SI (detailed below) is greater than
10% PBR for each stock for the time
frame analyzed.
Criterion 3 Analysis
Unlike Criteria 1 and 2, which
examine total human-caused M&SI
relative to PBR, Criterion 3 compares
total fisheries-related M&SI to PBR.
Criterion 3 would be satisfied if the total
commercial fisheries-related M&SI
(including state and federal fisheries) is
greater than 10% of PBR and less than
PBR for each stock for the time frame
considered, and the populations of these
stocks are considered to be stable or
increasing. If the Criterion is met,
vessels may be permitted subject to
individual review and certainty of data.
The total fishery-related M&SI from
all commercial fisheries for the CNP
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
humpback stock is estimated at 9.35
animals, or 15.3% of the PBR (of 61.2)
for the 5-year average from 2007–2011.
This is greater than 10% of PBR (6.1
animals) and less than PBR (61.2
animals). The CNP humpback whale
stock has a minimum population size of
7,469 and is estimated to be growing at
a rate of up to 7% per year. A total of
0.75 humpback whales were observed,
estimated, or assumed to have been
either killed or seriously injured in the
two fisheries considered in this
authorization during the 2007–2011
time period. Accordingly, Criterion 3 is
satisfied for the time frame analyzed
(2007–2011). Therefore, we determine
that M&SI of the CNP humpback whale
stock incidental to commercial fishing is
having a negligible impact on the stock
because of individual review of data
regarding the stock, including increased
growth rate of the stock, limited
increases in M&SI due to the relevant
fisheries, and the level of human-caused
M&SI is below the estimated PBR.
The MHI insular stock of false killer
whales meets the initial conditions of
Criterion 3. Total commercial fisheriesrelated M&SI (0.1 animals per year) is
greater than 10% of PBR (0.03 animals)
and less than PBR (0.3 animals) for the
2007–2011 time period. Although there
are some uncertainties in information
regarding MHI insular false killer
whales, such as abundance, M&SI
estimates, and population trend, the
best available information indicates that
estimated levels of all human-caused
M&SI as well as fisheries-related M&SI
are both below the stock’s PBR level.
Below we summarize the uncertainties
related to the MHI insular false killer
whales M&SI estimate and the
population trend.
NMFS considers three stocks of false
killer whales (Hawaii pelagic, MHI
insular, and Northwestern Hawaiian
Islands stocks) to be at risk of
interacting with Hawaii longline gear.
For the Hawaii longline fisheries
considered in this analysis, no MHI
insular false killer whale deaths have
been observed since the NMFS Hawaii
longline observer program began in
1995. From 2004–2012, observers
recorded three false killer whale
interactions in the deep-set longline
fishery and no false killer whale
interactions in the shallow-set longline
fishery in the MHI insular false killer
whale range. In the deep-set longline
fishery, observers also recorded three
interactions with unidentified blackfish,
which are unidentified cetaceans known
to be either a false killer whale or a
short-finned pilot whale. Genetic
sampling and photo identification are
currently the only ways to distinguish
E:\FR\FM\12JNN1.SGM
12JNN1
rmajette on DSK7SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices
MHI insular false killer whales from the
other stocks, and these data were not
collected from the animals involved in
these interactions. When the stock
identity of a false killer whale hooked
or entangled by the longline fisheries
within the overlap zone cannot be
determined, NMFS prorates the
interaction to either the pelagic or MHI
insular stock using a model that
assumes densities of MHI insular stock
animals decline and pelagic stock
densities increase with increasing
distance from shore (McCracken 2010).
Based on an analysis conducted for
this NID, including the expansion from
observed interactions to an estimate of
fleet-wide interactions based on the
fishery’s total effort and the proration of
blackfish and false killer whales of
unknown stock identity (MHI insular
versus pelagic), we estimate that a total
of 8.73 interactions occurred with MHI
insular false killer whales in the deepset longline fishery from 2004–2012,
including both serious and non-serious
injuries. This is a conservative estimate
that potentially overestimates the
fishery’s actual impact on MHI insular
false killer whales. The proration model
does not account for the Northwestern
Hawaiian Islands false killer whale
stock that was identified in 2011. For
example, in 2012 two observed false
killer whale interactions occurred in the
area where all three Hawaiian false
killer whales stocks overlap, but at this
time they can only be attributed
(prorated) to the pelagic or MHI insular
stocks. In addition, earlier interaction
estimates are based on a much smaller
abundance estimate for the pelagic false
killer whale stock.
MHI insular false killer whales are
believed to have declined markedly
during the 1990s, although their current
population trajectory is unknown
(Oleson et al. 2010). However, it is
anticipated that the longline fishery’s
impacts, which were a historical threat
to this population, have been or will be
further reduced through the recently
implemented False Killer Whale Take
Reduction Plan (FKWTRP) measures
(Carretta et al. 2013). NMFS published
the FKWTRP on November 29, 2012 (77
FR 71260) to reduce the M&SI of Hawaii
pelagic and MHI insular false killer
whales in Hawaii’s longline fisheries.
The FKWTRP includes regulatory and
non-regulatory measures, including: the
required use of weak circle hooks, a
minimum diameter for monofilament
leaders and branch lines, extension of
the Main Hawaiian Islands Longline
Fishing Prohibited Area, annual training
in mitigation techniques, establishment
of a Southern Exclusion Zone and
VerDate Mar<15>2010
21:18 Jun 11, 2014
Jkt 232001
triggers for closure, and monitoring and
reporting requirements.
Most of the FKWTRP’s regulations
went into effect on December 31, 2012,
but gear requirements for the deep-set
longline fishery went into effect on
February 27, 2013. The measures have
been in place for just over a year, and
their effectiveness has not yet been fully
evaluated. However, a model developed
for this NID predicts that future annual
M&SI for the MHI insular false killer
whales will remain below the stock’s
PBR level, based on expected levels of
longline fishing effort (McCracken
2014).
NMFS anticipates that continued
implementation of the FKWTRP
regulations will ensure that reduced
rates of fisheries-related M&SI of MHI
insular false killer whales are
maintained in the deep-set longline
fishery. Monitoring and reporting
requirements under the FKWTRP will
provide NMFS the information
necessary to prevent and respond to any
unexpected impacts. Based on the low
likelihood of interactions, along with
reliable rates of observer coverage in
both the shallow- and deep-set longline
fisheries, considered together with other
human-caused impacts, NMFS
concludes that Criterion 3 has been met.
Therefore, NMFS determines that M&SI
incidental to commercial fisheries will
have a negligible impact on the MHI
insular stock of false killer whales.
In conclusion, based on the criteria
outlined in 1999 (64 FR 28800), the
2013 draft Alaska and Pacific SARs
(Allen and Angliss 2013; Carretta et al.
2013), and the best scientific
information and data available, NMFS
has determined that for a period of up
to three years, M&SI incidental to the
Hawaii deep-set longline fishery and
Hawaii shallow-set longline fishery will
have a negligible impact on the CNP
stock of humpback whales, the Hawaii
stock of sperm whales, and the MHI
insular stock of false killer whales.
Therefore, vessels operating in these
identified commercial fisheries within
the range of the CNP humpback, Hawaii
sperm whale, and MHI insular stocks
may be permitted subject to their
individual review and the certainty of
relevant data, and provided that the
other provisions of section 101(a)(5)(E)
are met.
Description of Fisheries
The following are the Federallyauthorized fisheries classified as
Category I and II in the 2014 LOF
(NMFS 2014), which are known to
seriously injure or kill ESA-listed
marine mammals incidental to
commercial fishing operations. Detailed
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
33729
descriptions of those fisheries can be
found in the Final Biological Opinion
on the continued operation of the
Shallow-set Longline Swordfish fishery,
dated January 30, 2012 (NMFS 2012a);
the draft SARs (Carretta et al. 2013,
Allen and Angliss 2013); and the draft
NID.
In accordance with MMPA section
118(c), only those vessels in the Hawaii
deep-set and shallow-set longline
fisheries that have registered for a
Marine Mammal Authorization Permit
are authorized to take marine mammals
incidental to their fishing operations.
Vessels holding this permit must
comply with the FKWTRP and
implementing regulations. The longline
fisheries are limited access fisheries,
with 164 transferable permits of which
approximately 130 are currently active.
Vessels active in these fisheries are
limited to 101 ft in length. Hawaii-based
longline vessels vary their fishing
grounds depending on their target
species. Most effort is to the north and
south of the Hawaiian Islands between
the equator and 40° N and longitudes
140° and 180° W; however, the majority
of deep-set fishing occurs south of 20°
N and the majority of shallow-set
fishing occurs north of 20° N. The
number of active vessels in the
combined Hawaii-based deep-set and
shallow-set longline fishery increased
dramatically in the late 1980s and
peaked at 141 vessels in 1991. The
number of vessels in the combined
longline fisheries has since ranged from
101 to 130. In 2011, 129 Hawaii-based
longline vessels were active in the deepset longline fishery. The deep-set
longline fishery operates year-round,
although vessel activity increases during
the fall and is greatest during the winter
and spring months. The annual number
of trips for the Hawaii-based longline
fisheries has remained relatively stable,
but there was a shift from mixed-target
and swordfish-target trips to tuna-target
trips from the early 1990s up to 2002.
In the years 2000–2003, this shift
reflected the regulatory closure of the
shallow-set and mixed-target fisheries.
In 2004, the shallow-set longline fishery
was reopened but participation was
limited to only six trips. In 2011, there
were 1,388 combined longline trips
(1,306 deep-set and 182 shallow-set),
which resulted in a combined total of
18,623 sets (17,155 deep-set and 1,468
shallow-set). Effort in the combined
longline fishery, measured by the
number of hooks set, has ranged from
approximately 39 to 42 million hooks
per year from 2007–2011.
E:\FR\FM\12JNN1.SGM
12JNN1
33730
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices
Conclusions for Proposed Permit
Based on the above assessment and as
described in the accompanying draft
NID, NMFS concludes that the
incidental M&SI from the Hawaii deepset and shallow-set fisheries will have a
negligible impact on the CNP stock of
humpback whales, the Hawaii stock of
sperm whales, and the MHI insular
stock of false killer whales. The
National Environmental Policy Act
(NEPA) requires Federal agencies to
evaluate the impacts of alternatives for
their actions on the human
environment. The impacts on the
human environment of continuing the
Hawaii deep-set and shallow-set
longline fisheries, including the taking
of threatened and endangered species of
marine mammals, were analyzed in the
Regulatory Amendment to the Western
Pacific Pelagic Fishery Ecosystem Plan:
Revised Swordfish Trip Limits in the
Hawaii Deep-set Longline Fishery to
Reduce Regulatory Discards with an EA
(NMFS and WPFMC 2012); the False
Killer Whale Take Reduction Plan EA
(NMFS 2012b); Amendment 18 to the
Pelagics FMP and Final SEIS (NMFS
and WPFMC 2009); Draft Amendment 7
to the Pelagics FEP and draft EA (NMFS
2013b), and in the Final Biological
Opinion prepared for the Hawaii
shallow-set longline fishery (NMFS
2012a) and the draft Biological Opinion
for the Hawaii deep-set longline fishery,
currently in preparation, pursuant to the
ESA. NMFS has prepared a record of
environmental consideration which
concludes that because this proposed
permit would not modify any fishery
operation and the effects of the fishery
operations have been evaluated fully in
accordance with NEPA, no additional
NEPA analysis is required for this
permit. Issuing the proposed permit
would have no additional impact to the
human environment or effects on
threatened or endangered species
beyond those analyzed in these
documents.
rmajette on DSK7SPTVN1PROD with NOTICES
Recovery Plans
Recovery Plans for humpback whales
and sperm whales have been completed
(see https://www.nmfs.noaa.gov/pr/
recovery/plans.htm#mammals). A
Recovery Plan has been initiated for the
MHI insular false killer whale (78 FR
60850 October 2, 2013). Accordingly,
the requirement to have recovery plans
in place or being developed is satisfied.
Vessel Registration
MMPA section 118(c) requires that
vessels participating in Category I and II
fisheries register to obtain an
authorization to take marine mammals
VerDate Mar<15>2010
21:18 Jun 11, 2014
Jkt 232001
incidental to fishing activities. Further,
section 118(c)(5)(A) provides that
registration of vessels in fisheries
should, after appropriate consultations,
be integrated and coordinated to the
maximum extent feasible with existing
fisher licenses, registrations, and related
programs. Registration for the Hawaii
longline fisheries has been integrated
into the existing permit process, and all
permitted participants in the Hawaii
deep-set and shallow-set longline
fisheries are issued annual Marine
Mammal Authorization Program
certificates with their new or renewed
permits. Therefore, vessel registration
for an MMPA authorization is integrated
through those programs in accordance
with MMPA section 118.
Monitoring Program
The Hawaii longline fisheries have
been observed by NMFS observers since
the mid-1990s. Levels of observer
coverage vary over time but are
adequate to produce reliable estimates
of M&SI of ESA-listed species. From
2002–2013, observer coverage was
greater than 20% in the deep-set
longline fishery and has been 100% in
the shallow-set longline fishery since
2004. Accordingly, as required by
MMPA section 118, a monitoring
program is in place for both fisheries.
Take Reduction Plans
Subject to available funding, MMPA
section 118 requires the development
and implementation of a Take
Reduction Plan (TRP) in cases where a
strategic stock interacts with a Category
I or II fishery. The three stocks
considered for this permit are
designated as strategic stocks under the
MMPA because they are listed as
endangered under the ESA (MMPA
section 3(19)(C)).
In 2010, NMFS established a Take
Reduction Team (TRT) to develop a TRP
to address the incidental M&SI of
Hawaii pelagic and MHI insular false
killer whales in the Hawaii-based deepset and shallow-set longline fisheries. A
TRP was implemented, through
regulations, in November 2012 (77 FR
71260). The short- and long-term goals
of a TRP are to reduce M&SI of marine
mammals incidental to commercial
fishing to levels below PBR and to
insignificant levels approaching a zero
M&SI rate (i.e., 10% of PBR),
respectively. MMPA section 118(b)(2)
states that fisheries maintaining such
M&SI levels are not required to further
reduce their M&SI rates.
The CNP stock of humpback whales
and the Hawaii stock of sperm whales
are also strategic stocks that interact
with the Hawaii longline fisheries.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
However, the obligations to develop and
implement a TRP are subject to the
availability of funding. NMFS has
insufficient funding available to
simultaneously develop and implement
TRPs for all strategic stocks that interact
with Category I or Category II fisheries.
As provided in MMPA section
118(f)(6)(A) and (f)(7), NMFS used the
most recent SARs and LOF as the basis
to determine its priorities for
establishing TRTs and developing TRPs.
Through this process, NMFS evaluated
the available data on abundance and
fishery-related mortality for the CNP
stock of humpback whales and the
Hawaii stock of sperm whales, and
identified them as a lower priority
compared to other marine mammal
stocks and fisheries for establishing
TRTs, based on M&SI levels below the
stocks’ PBR levels. The CNP stock of
humpback whales and Hawaii stock of
sperm whales have been designated as
strategic because they are ESA-listed
(MMPA section 3(19)(C)) and not
because direct human-caused mortality
exceeds PBR (MMPA section 3(19)(A)).
As determined herein, M&SI for both
stocks is currently low and is not
expected to adversely affect either stock
through effects on annual rates of
recruitment or survival. Given these
factors and NMFS’ priorities,
developing a TRP for these stocks will
be deferred under section 118 as other
stocks/fisheries are a higher priority for
any available funding for developing
new TRPs.
As noted in the summary above, all of
the requirements to issue a permit to
vessels that operate in the Federallyauthorized Hawaii deep-set and
shallow-set longline fisheries have been
satisfied. Accordingly, NMFS proposes
to issue a permit to participants in the
Category I Hawaii deep-set longline
fishery for the taking of CNP humpback
whales, Hawaii sperm whales, and MHI
insular false killer whales, and to the
Category II Hawaii shallow-set longline
fishery for the taking of CNP humpback
whales incidental to the fisheries’
operations. As noted under MMPA
section 101(a)(5)(E)(ii), no permit is
required for vessels in Category III
fisheries. For incidental taking of
marine mammals to be authorized in
Category III fisheries, any injuries or
mortality must be reported to NMFS.
NMFS solicits public comments on the
proposed permit and the preliminary
determinations supporting the permit.
E:\FR\FM\12JNN1.SGM
12JNN1
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Notices
Dated: June 6, 2014.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–13683 Filed 6–11–14; 8:45 am]
BILLING CODE 3510–22–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No.: CFPB–2014–0012]
Request for Information Regarding the
Use of Mobile Financial Services by
Consumers and Its Potential for
Improving the Financial Lives of
Economically Vulnerable Consumers
Bureau of Consumer Financial
Protection.
ACTION: Notice and request for
information.
AGENCY:
The Consumer Financial
Protection Bureau (Bureau or CFPB),
established under the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (Dodd-Frank Act), has as part of its
mission to empower consumers to take
more control over their economic lives.
The Bureau is charged with promoting
financial education, researching
developments in markets for consumer
financial services and products, and
providing information, guidance, and
technical assistance regarding the
offering and provision of consumer
financial products or services to
traditionally underserved consumers
and communities.
This notice seeks information about
how consumers are using mobile
financial services to access products and
services, manage finances and achieve
their financial goals with a focus on
economically vulnerable consumers. We
use ‘‘mobile financial services’’ (MFS)
in this Request for Information (RFI) to
cover mobile banking services and
mobile financial management services.
The RFI does not address mobile point
of sale (‘‘POS’’) payments, except with
respect to mobile payment products that
are targeted specifically for low-income
and underserved consumers, where it
seeks to learn about how such targeting
could benefit or harm those categories of
consumers. The information from the
responses will be used to inform the
Bureau’s consumer education and
empowerment strategies related to
developments in these areas.
DATES: Comments must be received on
or before September 10, 2014 to be
assured of consideration.
ADDRESSES: You may submit responsive
information and other comments,
rmajette on DSK7SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
21:18 Jun 11, 2014
Jkt 232001
identified by Docket No. CFPB–2014–
0012, by any of the following methods:
• Electronic: Email Empowerment@
cfpb.gov or go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Monica Jackson, Office of the
Executive Secretary, Consumer
Financial Protection Bureau, 1700 G
Street NW., Washington, DC 20552.
• Hand Delivery/Courier: Monica
Jackson, Office of the Executive
Secretary, Consumer Financial
Protection Bureau, 1275 First Street NE.,
Washington, DC 20002.
Instructions: Please note the number
associated with any question to which
you are responding at the top of each
response (you are not required to
answer all questions to receive
consideration of your comments). The
Bureau encourages the early submission
of comments. All submissions must
include the document title and docket
number. Because paper mail in the
Washington, DC area and at the Bureau
is subject to delay, commenters are
encouraged to submit comments
electronically. In general, all comments
received will be posted without change
to https://www.regulations.gov. In
addition, comments will be available for
public inspection and copying at 1275
First Street NE., Washington, DC 20002,
on official business days between the
hours of 10 a.m. and 5 p.m. Eastern
Standard Time. You can make an
appointment to inspect the documents
by telephoning 202–435–7275.
All submissions, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
Sensitive personal information, such as
account numbers or Social Security
numbers, or names of other individuals,
should not be included. Submissions
will not be edited to remove any
identifying or contact information.
FOR FURTHER INFORMATION CONTACT: For
general inquiries, submission process
questions or any additional information,
please contact Monica Jackson, Office of
the Executive Secretary, at 202–435–
7275.
A major
development in the consumer financial
services market over the past few years
has been the increasing use and
proliferation of mobile technology to
access financial services and manage
personal finances. For example, last
year 74,000 new customers a day began
using mobile banking services. Using a
mobile device to access accounts and
pay bills can reduce cost and increase
convenience for consumers. By enabling
consumers to track spending and
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
33731
manage personal finances on their
devices through mobile applications or
text messages, mobile technology can
help consumers achieve their financial
goals. For the economically vulnerable,
mobile can enhance access to safer,
more affordable products and services
in ways that can improve their
economic lives.
Consumer use of mobile financial
services and products—offered by
financial institutions, financial
technology product developers and
providers—has increased over the past
few years. According to the Federal
Reserve Board’s most recent survey on
mobile financial services, 93 percent of
mobile banking users used mobile
banking to check account balances or
recent transactions and 24 percent of
smartphone users have used their phone
to track purchases and expenses during
the preceding year. One third (up from
21 percent in 2011) of mobile phone
users and over half (up from 42 percent
in 2011) of smartphone users used
mobile banking services. In the
underbanked population, however, a
larger percentage of mobile phone users
reported using mobile banking (39
percent) in the previous 12 months
(compared to 17 percent for all phone
users).1
Mobile financial services have been
identified as having the potential to
expand access to more underserved
populations.2 A large percentage of
unbanked and underbanked consumers,
many of whom are low-income, have
access to mobile phones, a significant
number of which are smartphones—69
percent of the unbanked have access to
a mobile phone, half of which are
smartphones; 88 percent of the
underbanked have access to a mobile
phone, 64 percent of which are
smartphones.3 A majority of unbanked
1 Bd. of Governors of the Fed. Reserve Sys.,
Consumers and Mobile Financial Services 2014
(2014) available at https://www.federalreserve.gov/
econresdata/consumers-and-mobile-financialservices-report-201403.pdf, at 1–4.
2 See, e.g. Elisa Tavilla, How Mobile Solutions
Help Bridge the Gap: Moving the Underserved to
Mainstream Financial Services, December 2013 at
21–23 available at, https://www.bostonfed.org/
bankinfo/payment-strategies/publications/2013/
how-mobile-solutions-help-bridge-the-gap.html.
3 Mobile Financial Services Survey 2014, Id. at 1–
2 (2014). Note that in a recent White Paper, Susan
Burhouse, Matthew Homer, Yazmin Osaki, Michael
Bachman, Assessing the Economic Inclusion
Potential of Mobile Financial Services,’’ April 23,
2014 at 16 available at, https://www.fdic.gov/
consumers/community/mobile/Mobile-FinancialServices-and-Economic-Inclusion-04-23-2014
revised.pdf, authors reported that in the 2013 FDIC
Survey of Unbanked and Underbanked Households
(October 2014 forthcoming), 90 percent owned a
mobile phone, of which 71 percent are
smartphones.
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Pages 33726-33731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13683]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD269
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Issuance of Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS plans to issue a permit for a period of three years to
authorize the incidental, but not intentional, taking of three stocks
of marine mammals listed as threatened or endangered under the
Endangered Species Act (ESA) by the Hawaii deep-set and shallow-set
longline fisheries. In accordance with the Marine Mammal Protection Act
(MMPA), NMFS must issue this permit provided that it can make the
determinations that: The incidental take will have a negligible impact
on the affected stocks; a recovery plan for all affected stocks of
threatened or endangered marine mammals has been developed or is being
developed; and as required by the MMPA, a take reduction plan and
monitoring program have been implemented and vessels in the Hawaii
deep-set and shallow-set longline fisheries are registered. NMFS has
made a preliminary determination that incidental taking from commercial
fishing will have a negligible impact on the endangered humpback whale,
Central North Pacific (CNP) stock; sperm whale, Hawaii stock; and false
killer whale, Main Hawaiian Islands (MHI) insular stock. Recovery plans
have been completed for humpback and sperm whales, and a recovery plan
has been initiated for MHI insular false killer whales. NMFS solicits
public comments on the draft negligible impact determination and on the
proposal to issue a permit to vessels that operate in these fisheries
for the taking of affected endangered stocks of marine mammals.
DATES: Comments must be received by July 14, 2014.
ADDRESSES: The draft Negligible Impact Determination and list of
references contained in this notice are available in electronic form
via the Internet at: https://www.fpir.noaa.gov/DIR/dir_public_documents.html.
You may submit comments, identified by NOAA-NMFS-2014-0052, by any
of the following methods:
Electronic Submissions: Submit all electronic public comments via
the
[[Page 33727]]
Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0052, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Send comments or requests to: Alecia VanAtta, Assistant
Regional Administrator, Protected Resources Division, Pacific Islands
Region, 1845 Wasp Blvd., Building 176; Honolulu, HI 96818. Comments may
also be faxed to (808) 973-2941.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Dawn Golden, NMFS Pacific Islands
Region, (808) 725-5144, or Shannon Bettridge, NMFS Office of Protected
Resources, (301) 427-8402.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(E) of the Marine Mammal Protection Act (MMPA), 16
U.S.C. 1361 et seq., states that NOAA's National Marine Fisheries
Service (NMFS), as delegated by the Secretary of Commerce, shall for a
period of up to three years allow the incidental taking of marine
mammal species listed under the Endangered Species Act (ESA), 16 U.S.C.
1531 et seq., by persons using vessels of the United States and those
vessels which have valid fishing permits issued by the Secretary in
accordance with section 204(b) of the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1824(b), while engaging in
commercial fishing operations, if NMFS makes certain determinations.
NMFS must determine, after notice and opportunity for public comment,
that: (1) Incidental mortality and serious injury (M&SI) will have a
negligible impact on the affected species or stock; (2) a recovery plan
has been developed or is being developed for such species or stock
under the ESA; and (3) where required under section 118 of the MMPA, a
monitoring program has been established, vessels engaged in such
fisheries are registered in accordance with section 118 of the MMPA,
and a take reduction plan has been developed or is being developed for
such species or stock.
NMFS is considering the issuance of a permit under MMPA section
101(a)(5)(E) to vessels registered in the Hawaii deep-set longline
fishery to incidentally take individuals from three stocks of
threatened or endangered marine mammals: The Central North Pacific
(CNP) stock of humpback whales (Megaptera novaeangliae), the Hawaii
stock of sperm whales (Physeter macrocephalus), and the MHI insular
stock of false killer whales (Pseudorca crassidens); and to vessels
registered in the Hawaii shallow-set longline fishery to incidentally
take individuals from the CNP stock of humpback whales. The data for
considering these authorizations were reviewed coincident with the
preparation of the 2014 MMPA List of Fisheries (LOF or List) (79 FR
14418, March 14, 2014), the 2013 marine mammal draft stock assessment
reports (SARs) (Carretta et al. 2013; Allen and Angliss 2013), recovery
plans for humpback and sperm whales, the False Killer Whale Take
Reduction Plan, and other relevant sources.
The vessels operating in the Hawaii deep-set and the shallow-set
longline fisheries are in the ranges of affected stocks and are
currently considered for authorization. A detailed description of these
fisheries can be found below. The Hawaii deep-set longline fishery is
the only Category I fishery operating around Hawaii. The Hawaii
shallow-set longline fishery is a Category II fishery; all other
Category II fisheries that may interact with the marine mammal stocks
observed off the coast of Hawaii are State-managed and are not
considered for authorization under this permit. Participants in
Category III fisheries are not required to obtain incidental take
permits under MMPA section 101(a)(5)(E) but are required to report
injuries or mortalities of marine mammals incidental to their
operations.
Basis for Determining Negligible Impact
As described above, prior to issuing a permit to take ESA-listed
marine mammals incidental to commercial fishing, NMFS must determine if
M&SI incidental to commercial fisheries will have a negligible impact
on the affected species or stocks of marine mammals. NMFS satisfies
this requirement through completion of a negligible impact
determination (NID). NMFS clarifies that incidental M&SI from
commercial fisheries includes M&SI from entanglement or hooking in
fishing gear. Indirect effects, such as the effects of removing prey
from habitat, are not included in this analysis. A biological opinion
prepared under ESA section 7 considers direct and indirect effects of
Federal actions and, thus, contains a broader scope of analysis than is
required by MMPA section 101(a)(5)(E).
Although the MMPA does not define ``negligible impact,'' NMFS has
issued regulations providing a qualitative definition of ``negligible
impact,'' as defined in 50 CFR 216.103 and, through scientific
analysis, peer review, and public notice, developed a quantitative
approach and, as it applies here, is ``an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival.'' The development
of the approach and process was outlined in detail in the current draft
NID made available through this notice and was included in previous
notices for other permits to take threatened or endangered marine
mammals incidental to commercial fishing (e.g. 72 FR 60814; October 26,
2010; for the CNP stock of humpback whales).
Criteria for Determining Negligible Impact
In 1999 NMFS adopted criteria for making negligible impact
determinations for MMPA 101(a)(5)(E) permits (64 FR 28800; May 27,
1999). In applying the 1999 criteria to determine whether M&SI
incidental to commercial fisheries will have a negligible impact on a
listed marine mammal stock, Criterion 1 (total human-related M&SI is
less than 10% of the potential biological removal level (PBR)) is the
starting point for analysis. If this criterion is satisfied (i.e.,
total human-related M&SI is less than 10% of PBR), the analysis would
be concluded, and the impact would be determined to be negligible. If
Criterion 1 is not satisfied, NMFS may use one of the other criteria as
appropriate. The remaining criteria describe alternatives under certain
conditions. Criterion 2 is satisfied if the total human-related M&SI is
greater than PBR, but fisheries-related M&SI is less than 10% of PBR.
If Criterion 2 is satisfied, vessels operating in individual fisheries
may be permitted if management measures are being taken to address non-
fisheries-related M&SI. Criterion 3 is satisfied if total fisheries-
related M&SI is greater than 10% of PBR and less than PBR, and the
population is stable or increasing. Fisheries may then be permitted
subject to individual
[[Page 33728]]
review and certainty of data. Criterion 4 stipulates that if the
population abundance of a stock is declining, the threshold level of
10% of PBR will continue to be used. Criterion 5 states that if total
fisheries-related serious injuries and mortalities are greater than
PBR, permits may not be issued for that species or stock.
The time frame for this analysis includes the most recent 5-year
period for which available data have been processed (January 1, 2007
through December 31, 2011). The NMFS Guidelines for the Assessment of
Marine Mammal Stocks (GAMMS) and the subsequent GAMMS II provide
guidance that, when available, the most recent 5-year time frame of
commercial fishery incidental M&SI data is an appropriate measure of
the effects of fishing operations on marine mammals (Wade and Angliss
1997). A 5-year time frame provides enough data to adequately capture
year-to-year variations in take levels, while reflecting current
environmental and fishing conditions, as they may change over time.
Additionally, because the permit issued under MMPA section 101(a)(5)(E)
is for a three-year period, the most up-to-date data available for
complete years are used (i.e., 2007-2011).
Negligible Impact Determinations
The draft NID made available through this notice provides a
complete analysis of the criteria for determining whether commercial
fisheries off Hawaii are having a negligible impact on the stocks of
humpback whales, sperm whales, and MHI insular false killer whales. A
summary of the analysis and subsequent negligible impact determinations
follows.
Criterion 1 Analysis
Criterion 1 would be satisfied if the total human-related M&SI is
less than 10% of PBR. The 5-year (2007-2011) annual average M&SI to the
Hawaii stock of sperm whales from all human-caused sources is 0.7
animals, which is 6.89% of this stock's PBR of 10.2 (i.e., below the
10% of PBR [1.02] threshold). Since the beginning of the NMFS Hawaii
longline observer program in 1995, no deaths of sperm whales have been
attributed to the Hawaii deep-set or shallow-set longline fishery.
However, in 2011 a sperm whale was reported seriously injured (prorated
as 0.75 serious injury) after interacting with the Hawaii deep-set
longline fishery. Two other interactions with sperm whales in 1999 and
2002 were considered non-serious injuries. Based on this low likelihood
of interactions, considered together with the lack of impacts of other
commercial fisheries and other human-caused impacts, Criterion 1 has
been met. Therefore, NMFS determines that M&SI incidental to commercial
fisheries will have a negligible impact on the Hawaii stock of sperm
whales.
The 5-year (2007-2011) annual average M&SI to the CNP stock of
humpback whales from all human-caused sources is 16.20 animals, which
is 26.74% of this stock's PBR of 61.2 (i.e., above the 10% of PBR [6.1
animals] threshold). The total annual human-related M&SI for this stock
of humpback whales is not less than 10% of PBR for the time frame
considered.
The 5-year (2007-2011) annual average M&SI of the MHI insular false
killer whale stock from all human-caused sources is estimated to be 0.1
animals, which is 33.3% of this stock's PBR of 0.3 (i.e., above the 10%
of PBR [0.03] threshold). The total annual human-related M&SI for this
stock of humpback whales is not less than 10% of PBR for the time frame
considered.
Criterion 1 was not satisfied for the CNP humpback and MHI insular
false killer whales because the total annual human-related M&SI for
these two stocks is not less than 10% of PBR for each stock for the
time frame considered. As a result, other criteria must be examined for
the CNP humpback and MHI insular false killer whale stocks.
Criterion 2 Analysis
Criterion 2 would be satisfied if the total human-related M&SI is
greater than PBR, but fisheries-related M&SI is less than 10% of PBR.
This criterion was not satisfied for either the CNP humpback or the MHI
insular false killer whale because while total human-related M&SI
(detailed above) is less than PBR for each stock, and total fisheries-
related M&SI (detailed below) is greater than 10% PBR for each stock
for the time frame analyzed.
Criterion 3 Analysis
Unlike Criteria 1 and 2, which examine total human-caused M&SI
relative to PBR, Criterion 3 compares total fisheries-related M&SI to
PBR. Criterion 3 would be satisfied if the total commercial fisheries-
related M&SI (including state and federal fisheries) is greater than
10% of PBR and less than PBR for each stock for the time frame
considered, and the populations of these stocks are considered to be
stable or increasing. If the Criterion is met, vessels may be permitted
subject to individual review and certainty of data.
The total fishery-related M&SI from all commercial fisheries for
the CNP humpback stock is estimated at 9.35 animals, or 15.3% of the
PBR (of 61.2) for the 5-year average from 2007-2011. This is greater
than 10% of PBR (6.1 animals) and less than PBR (61.2 animals). The CNP
humpback whale stock has a minimum population size of 7,469 and is
estimated to be growing at a rate of up to 7% per year. A total of 0.75
humpback whales were observed, estimated, or assumed to have been
either killed or seriously injured in the two fisheries considered in
this authorization during the 2007-2011 time period. Accordingly,
Criterion 3 is satisfied for the time frame analyzed (2007-2011).
Therefore, we determine that M&SI of the CNP humpback whale stock
incidental to commercial fishing is having a negligible impact on the
stock because of individual review of data regarding the stock,
including increased growth rate of the stock, limited increases in M&SI
due to the relevant fisheries, and the level of human-caused M&SI is
below the estimated PBR.
The MHI insular stock of false killer whales meets the initial
conditions of Criterion 3. Total commercial fisheries-related M&SI (0.1
animals per year) is greater than 10% of PBR (0.03 animals) and less
than PBR (0.3 animals) for the 2007-2011 time period. Although there
are some uncertainties in information regarding MHI insular false
killer whales, such as abundance, M&SI estimates, and population trend,
the best available information indicates that estimated levels of all
human-caused M&SI as well as fisheries-related M&SI are both below the
stock's PBR level. Below we summarize the uncertainties related to the
MHI insular false killer whales M&SI estimate and the population trend.
NMFS considers three stocks of false killer whales (Hawaii pelagic,
MHI insular, and Northwestern Hawaiian Islands stocks) to be at risk of
interacting with Hawaii longline gear. For the Hawaii longline
fisheries considered in this analysis, no MHI insular false killer
whale deaths have been observed since the NMFS Hawaii longline observer
program began in 1995. From 2004-2012, observers recorded three false
killer whale interactions in the deep-set longline fishery and no false
killer whale interactions in the shallow-set longline fishery in the
MHI insular false killer whale range. In the deep-set longline fishery,
observers also recorded three interactions with unidentified blackfish,
which are unidentified cetaceans known to be either a false killer
whale or a short-finned pilot whale. Genetic sampling and photo
identification are currently the only ways to distinguish
[[Page 33729]]
MHI insular false killer whales from the other stocks, and these data
were not collected from the animals involved in these interactions.
When the stock identity of a false killer whale hooked or entangled by
the longline fisheries within the overlap zone cannot be determined,
NMFS prorates the interaction to either the pelagic or MHI insular
stock using a model that assumes densities of MHI insular stock animals
decline and pelagic stock densities increase with increasing distance
from shore (McCracken 2010).
Based on an analysis conducted for this NID, including the
expansion from observed interactions to an estimate of fleet-wide
interactions based on the fishery's total effort and the proration of
blackfish and false killer whales of unknown stock identity (MHI
insular versus pelagic), we estimate that a total of 8.73 interactions
occurred with MHI insular false killer whales in the deep-set longline
fishery from 2004-2012, including both serious and non-serious
injuries. This is a conservative estimate that potentially
overestimates the fishery's actual impact on MHI insular false killer
whales. The proration model does not account for the Northwestern
Hawaiian Islands false killer whale stock that was identified in 2011.
For example, in 2012 two observed false killer whale interactions
occurred in the area where all three Hawaiian false killer whales
stocks overlap, but at this time they can only be attributed (prorated)
to the pelagic or MHI insular stocks. In addition, earlier interaction
estimates are based on a much smaller abundance estimate for the
pelagic false killer whale stock.
MHI insular false killer whales are believed to have declined
markedly during the 1990s, although their current population trajectory
is unknown (Oleson et al. 2010). However, it is anticipated that the
longline fishery's impacts, which were a historical threat to this
population, have been or will be further reduced through the recently
implemented False Killer Whale Take Reduction Plan (FKWTRP) measures
(Carretta et al. 2013). NMFS published the FKWTRP on November 29, 2012
(77 FR 71260) to reduce the M&SI of Hawaii pelagic and MHI insular
false killer whales in Hawaii's longline fisheries. The FKWTRP includes
regulatory and non-regulatory measures, including: the required use of
weak circle hooks, a minimum diameter for monofilament leaders and
branch lines, extension of the Main Hawaiian Islands Longline Fishing
Prohibited Area, annual training in mitigation techniques,
establishment of a Southern Exclusion Zone and triggers for closure,
and monitoring and reporting requirements.
Most of the FKWTRP's regulations went into effect on December 31,
2012, but gear requirements for the deep-set longline fishery went into
effect on February 27, 2013. The measures have been in place for just
over a year, and their effectiveness has not yet been fully evaluated.
However, a model developed for this NID predicts that future annual
M&SI for the MHI insular false killer whales will remain below the
stock's PBR level, based on expected levels of longline fishing effort
(McCracken 2014).
NMFS anticipates that continued implementation of the FKWTRP
regulations will ensure that reduced rates of fisheries-related M&SI of
MHI insular false killer whales are maintained in the deep-set longline
fishery. Monitoring and reporting requirements under the FKWTRP will
provide NMFS the information necessary to prevent and respond to any
unexpected impacts. Based on the low likelihood of interactions, along
with reliable rates of observer coverage in both the shallow- and deep-
set longline fisheries, considered together with other human-caused
impacts, NMFS concludes that Criterion 3 has been met. Therefore, NMFS
determines that M&SI incidental to commercial fisheries will have a
negligible impact on the MHI insular stock of false killer whales.
In conclusion, based on the criteria outlined in 1999 (64 FR
28800), the 2013 draft Alaska and Pacific SARs (Allen and Angliss 2013;
Carretta et al. 2013), and the best scientific information and data
available, NMFS has determined that for a period of up to three years,
M&SI incidental to the Hawaii deep-set longline fishery and Hawaii
shallow-set longline fishery will have a negligible impact on the CNP
stock of humpback whales, the Hawaii stock of sperm whales, and the MHI
insular stock of false killer whales. Therefore, vessels operating in
these identified commercial fisheries within the range of the CNP
humpback, Hawaii sperm whale, and MHI insular stocks may be permitted
subject to their individual review and the certainty of relevant data,
and provided that the other provisions of section 101(a)(5)(E) are met.
Description of Fisheries
The following are the Federally-authorized fisheries classified as
Category I and II in the 2014 LOF (NMFS 2014), which are known to
seriously injure or kill ESA-listed marine mammals incidental to
commercial fishing operations. Detailed descriptions of those fisheries
can be found in the Final Biological Opinion on the continued operation
of the Shallow-set Longline Swordfish fishery, dated January 30, 2012
(NMFS 2012a); the draft SARs (Carretta et al. 2013, Allen and Angliss
2013); and the draft NID.
In accordance with MMPA section 118(c), only those vessels in the
Hawaii deep-set and shallow-set longline fisheries that have registered
for a Marine Mammal Authorization Permit are authorized to take marine
mammals incidental to their fishing operations. Vessels holding this
permit must comply with the FKWTRP and implementing regulations. The
longline fisheries are limited access fisheries, with 164 transferable
permits of which approximately 130 are currently active. Vessels active
in these fisheries are limited to 101 ft in length. Hawaii-based
longline vessels vary their fishing grounds depending on their target
species. Most effort is to the north and south of the Hawaiian Islands
between the equator and 40[deg] N and longitudes 140[deg] and 180[deg]
W; however, the majority of deep-set fishing occurs south of 20[deg] N
and the majority of shallow-set fishing occurs north of 20[deg] N. The
number of active vessels in the combined Hawaii-based deep-set and
shallow-set longline fishery increased dramatically in the late 1980s
and peaked at 141 vessels in 1991. The number of vessels in the
combined longline fisheries has since ranged from 101 to 130. In 2011,
129 Hawaii-based longline vessels were active in the deep-set longline
fishery. The deep-set longline fishery operates year-round, although
vessel activity increases during the fall and is greatest during the
winter and spring months. The annual number of trips for the Hawaii-
based longline fisheries has remained relatively stable, but there was
a shift from mixed-target and swordfish-target trips to tuna-target
trips from the early 1990s up to 2002. In the years 2000-2003, this
shift reflected the regulatory closure of the shallow-set and mixed-
target fisheries. In 2004, the shallow-set longline fishery was
reopened but participation was limited to only six trips. In 2011,
there were 1,388 combined longline trips (1,306 deep-set and 182
shallow-set), which resulted in a combined total of 18,623 sets (17,155
deep-set and 1,468 shallow-set). Effort in the combined longline
fishery, measured by the number of hooks set, has ranged from
approximately 39 to 42 million hooks per year from 2007-2011.
[[Page 33730]]
Conclusions for Proposed Permit
Based on the above assessment and as described in the accompanying
draft NID, NMFS concludes that the incidental M&SI from the Hawaii
deep-set and shallow-set fisheries will have a negligible impact on the
CNP stock of humpback whales, the Hawaii stock of sperm whales, and the
MHI insular stock of false killer whales. The National Environmental
Policy Act (NEPA) requires Federal agencies to evaluate the impacts of
alternatives for their actions on the human environment. The impacts on
the human environment of continuing the Hawaii deep-set and shallow-set
longline fisheries, including the taking of threatened and endangered
species of marine mammals, were analyzed in the Regulatory Amendment to
the Western Pacific Pelagic Fishery Ecosystem Plan: Revised Swordfish
Trip Limits in the Hawaii Deep-set Longline Fishery to Reduce
Regulatory Discards with an EA (NMFS and WPFMC 2012); the False Killer
Whale Take Reduction Plan EA (NMFS 2012b); Amendment 18 to the Pelagics
FMP and Final SEIS (NMFS and WPFMC 2009); Draft Amendment 7 to the
Pelagics FEP and draft EA (NMFS 2013b), and in the Final Biological
Opinion prepared for the Hawaii shallow-set longline fishery (NMFS
2012a) and the draft Biological Opinion for the Hawaii deep-set
longline fishery, currently in preparation, pursuant to the ESA. NMFS
has prepared a record of environmental consideration which concludes
that because this proposed permit would not modify any fishery
operation and the effects of the fishery operations have been evaluated
fully in accordance with NEPA, no additional NEPA analysis is required
for this permit. Issuing the proposed permit would have no additional
impact to the human environment or effects on threatened or endangered
species beyond those analyzed in these documents.
Recovery Plans
Recovery Plans for humpback whales and sperm whales have been
completed (see https://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals).
A Recovery Plan has been initiated for the MHI insular false killer
whale (78 FR 60850 October 2, 2013). Accordingly, the requirement to
have recovery plans in place or being developed is satisfied.
Vessel Registration
MMPA section 118(c) requires that vessels participating in Category
I and II fisheries register to obtain an authorization to take marine
mammals incidental to fishing activities. Further, section 118(c)(5)(A)
provides that registration of vessels in fisheries should, after
appropriate consultations, be integrated and coordinated to the maximum
extent feasible with existing fisher licenses, registrations, and
related programs. Registration for the Hawaii longline fisheries has
been integrated into the existing permit process, and all permitted
participants in the Hawaii deep-set and shallow-set longline fisheries
are issued annual Marine Mammal Authorization Program certificates with
their new or renewed permits. Therefore, vessel registration for an
MMPA authorization is integrated through those programs in accordance
with MMPA section 118.
Monitoring Program
The Hawaii longline fisheries have been observed by NMFS observers
since the mid-1990s. Levels of observer coverage vary over time but are
adequate to produce reliable estimates of M&SI of ESA-listed species.
From 2002-2013, observer coverage was greater than 20% in the deep-set
longline fishery and has been 100% in the shallow-set longline fishery
since 2004. Accordingly, as required by MMPA section 118, a monitoring
program is in place for both fisheries.
Take Reduction Plans
Subject to available funding, MMPA section 118 requires the
development and implementation of a Take Reduction Plan (TRP) in cases
where a strategic stock interacts with a Category I or II fishery. The
three stocks considered for this permit are designated as strategic
stocks under the MMPA because they are listed as endangered under the
ESA (MMPA section 3(19)(C)).
In 2010, NMFS established a Take Reduction Team (TRT) to develop a
TRP to address the incidental M&SI of Hawaii pelagic and MHI insular
false killer whales in the Hawaii-based deep-set and shallow-set
longline fisheries. A TRP was implemented, through regulations, in
November 2012 (77 FR 71260). The short- and long-term goals of a TRP
are to reduce M&SI of marine mammals incidental to commercial fishing
to levels below PBR and to insignificant levels approaching a zero M&SI
rate (i.e., 10% of PBR), respectively. MMPA section 118(b)(2) states
that fisheries maintaining such M&SI levels are not required to further
reduce their M&SI rates.
The CNP stock of humpback whales and the Hawaii stock of sperm
whales are also strategic stocks that interact with the Hawaii longline
fisheries. However, the obligations to develop and implement a TRP are
subject to the availability of funding. NMFS has insufficient funding
available to simultaneously develop and implement TRPs for all
strategic stocks that interact with Category I or Category II
fisheries. As provided in MMPA section 118(f)(6)(A) and (f)(7), NMFS
used the most recent SARs and LOF as the basis to determine its
priorities for establishing TRTs and developing TRPs. Through this
process, NMFS evaluated the available data on abundance and fishery-
related mortality for the CNP stock of humpback whales and the Hawaii
stock of sperm whales, and identified them as a lower priority compared
to other marine mammal stocks and fisheries for establishing TRTs,
based on M&SI levels below the stocks' PBR levels. The CNP stock of
humpback whales and Hawaii stock of sperm whales have been designated
as strategic because they are ESA-listed (MMPA section 3(19)(C)) and
not because direct human-caused mortality exceeds PBR (MMPA section
3(19)(A)). As determined herein, M&SI for both stocks is currently low
and is not expected to adversely affect either stock through effects on
annual rates of recruitment or survival. Given these factors and NMFS'
priorities, developing a TRP for these stocks will be deferred under
section 118 as other stocks/fisheries are a higher priority for any
available funding for developing new TRPs.
As noted in the summary above, all of the requirements to issue a
permit to vessels that operate in the Federally-authorized Hawaii deep-
set and shallow-set longline fisheries have been satisfied.
Accordingly, NMFS proposes to issue a permit to participants in the
Category I Hawaii deep-set longline fishery for the taking of CNP
humpback whales, Hawaii sperm whales, and MHI insular false killer
whales, and to the Category II Hawaii shallow-set longline fishery for
the taking of CNP humpback whales incidental to the fisheries'
operations. As noted under MMPA section 101(a)(5)(E)(ii), no permit is
required for vessels in Category III fisheries. For incidental taking
of marine mammals to be authorized in Category III fisheries, any
injuries or mortality must be reported to NMFS. NMFS solicits public
comments on the proposed permit and the preliminary determinations
supporting the permit.
[[Page 33731]]
Dated: June 6, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-13683 Filed 6-11-14; 8:45 am]
BILLING CODE 3510-22-P
