Guidelines for Preparing Stock Assessment Reports Pursuant to the Marine Mammal Protection Act; Draft Revisions to Procedural Directive (NMFS PD 02-204-01), 52368-52371 [2022-18349]
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Guidelines for Preparing Stock
Assessment Reports Pursuant to the
Marine Mammal Protection Act; Draft
Revisions to Procedural Directive
(NMFS PD 02–204–01)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The National Marine
Fisheries Service (NMFS) solicits public
comments on draft revisions to the
Guidelines for Preparing Stock
Assessment Reports Pursuant to the
Marine Mammal Protection Act (NMFS
Procedural Directive (PD) 02–204–01).
DATES: Comments must be received by
September 26, 2022.
ADDRESSES: The draft revisions to the
Guidelines for Preparing Stock
Assessment Reports Pursuant to the
Marine Mammal Protection Act (NMFS
PD 02–204–01) are available at: https://
www.regulations.gov/docket/NOAANMFS-2022-0081. You may submit
comments on the draft revisions,
through the Federal e-Rulemaking
Portal:
1. Go to https://www.regulations.gov
and enter NOAA–NMFS–2022–0081 in
the Search box.
2. Click the ‘‘Comment’’ icon, and
complete the required fields.
3. Enter or attach your comments.
Instructions: NMFS may not consider
comments if they are sent by any other
SUMMARY:
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method, to any other address or
individual, or received after the end of
the comment period. Due to delays in
processing mail related to COVID–19
and health and safety concerns, no mail,
courier, or hand deliveries will be
accepted. All comments received are a
part of the public record and will
generally be posted for public viewing
on https://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 commenter
may be publicly accessible. NMFS will
also 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: Eric
Patterson, NMFS Office of Protected
Resources, (301) 427–8415,
Eric.Patterson@noaa.gov; or Zachary
Schakner, NMFS Office of Science and
Technology, 301–427–8106,
Zachary.Schakner@noaa.gov.
SUPPLEMENTARY INFORMATION: Section
117 of the Marine Mammal Protection
Act (MMPA) (16 U.S.C. 1361 et seq.)
requires NMFS and the U.S. Fish and
Wildlife Service (FWS) to prepare stock
assessments for each stock of marine
mammals occurring in waters under the
jurisdiction of the United States. These
reports must contain information
regarding the distribution and
abundance of the stock, population
growth rates and trends, estimates of
annual human-caused mortality and
serious injury from all sources,
descriptions of the fisheries with which
the stock interacts, and the status of the
stock. Initial stock assessment reports
(SARs) were completed in 1995.
NMFS convened a workshop in June
1994, including representatives from
NMFS, FWS, and the Marine Mammal
Commission (Commission), to draft
guidelines for preparing SARs. The
report of this workshop (Barlow et al.,
1995) included the guidelines for
preparing SARs and a summary of the
discussions upon which the guidelines
were based. The draft guidelines were
made available, along with the initial
draft SARs, for public review and
comment (59 FR 40527; August 9, 1994)
and were finalized August 25, 1995 (60
FR 44308; August 25, 1995).
In 1996, NMFS convened a second
workshop (referred to as the Guidelines
for Assessing Marine Mammal Stocks,
or ‘‘GAMMS,’’ workshop) to review the
guidelines and recommend changes, if
appropriate. Workshop participants
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included representatives from NMFS,
FWS, the Commission, and the three
regional scientific review groups (SRGs).
The report of that workshop (Wade and
Angliss, 1997) summarized the
discussion at the workshop and
contained revised guidelines. The
revised guidelines represented minor
changes from the initial version. The
revised guidelines were made available
for public review and comment along
with revised stock assessment reports
on January 21, 1997 (62 FR 3005;
January 21, 1997) and later finalized.
In September 2003, NMFS again
convened a workshop (referred to as
GAMMS II) to review guidelines and
again recommend minor changes.
Participants at the workshop included
representatives of NMFS, FWS, the
Commission, and the regional SRGs.
Changes to the guidelines resulting from
the 2003 workshop were directed
primarily toward identifying population
stocks and estimating PBR for declining
stocks of marine mammals. The revised
guidelines were made available for
public review and comment on
November 18, 2004 (69 FR 67541), and
the revisions were completed and
finalized on June 20, 2005 (70 FR
35397).
In February 2011, NMFS convened
another workshop (referred to as
GAMMS III) to review guidelines for
preparing SARs and again
recommended changes to the
guidelines. Participants at the workshop
again included representatives from
NMFS, FWS, the Commission, and the
three regional SRGs. The objectives of
the GAMMS III workshop were to (1)
consider methods for assessing stock
status (i.e., how to apply the PBR
framework) when abundance data are
outdated, nonexistent, or only partially
available; (2) develop policies on stock
identification and application of the
PBR framework to small stocks,
transboundary stocks, and situations
where stocks mix; and (3) develop
consistent national approaches to a
variety of other issues, including
reporting mortality and serious injury
information in assessments. Nine
specific topics were discussed at the
workshop. The deliberations of these
nine topics resulted in a series of
recommended modifications to the
guidelines. The main body of the
GAMMS III workshop report included
summaries of the presentations and
discussions for each of the agenda
topics, as well as recommended
revisions to individual sections of the
guidelines (Moore and Merrick, 2011).
Appendices to the workshop report
provided a variety of supporting
documents, including the full draft
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52369
revision of the guidelines (Appendix
IV). The revised guidelines were made
available for public review and
comment on January 24, 2012 (77 FR
3450), and revisions related to seven of
the nine topics were finalized on March
2, 2016 (81 FR 10830) as a NMFS
Procedural Directive (NMFS PD 02–
204–01) for the first time.
In July 2020, NMFS once again began
efforts to review and possibly revise the
guidelines, with a focus on addressing
some topics identified in the GAMMS
III workshop but not finalized in 2016.
In addition, per the NMFS Policy
Directive System, the guidelines were
scheduled for review in February 2021.
Due to the COVID–19 pandemic and the
targeted nature of the revision effort, an
in-person workshop was not held as was
typical in the past. Instead, an internal
working group reviewed the guidelines
and developed draft revisions, as
appropriate. The working group
identified eight topics that warranted
potential revisions, a summary of which
is provided below.
Topic 1 relates to revising the
guidelines to incorporate and reference
NMFS Procedural Directive: Reviewing
and Designating Stocks and Issuing
Stock Assessment Reports under the
Marine Mammal Protection Act (NMFS
PDS 02–204–03). NMFS PDS 02–204–
03, which was finalized in 2019,
established NMFS procedure for
reviewing and designating stocks in the
development of the SARs, including
how stock designations relate to
demographically independent
populations (DIPs), as well as distinct
population segments (DPSs) in cases
where marine mammals are also listed
as DPSs under the Endangered Species
Act (ESA). The draft revisions
summarize NMFS PDS 02–204–03 and
incorporate the directive by reference.
They describe the distinction between
the delineation of DIPs and the
designation of stocks and remove text
that is no longer relevant as it relates to
defining stocks, which is replaced with
direction to rely on Martien et al. (2019)
for DIP delineation and NMFS PDS 02–
204–03 for stock designation. The draft
revisions also provide additional
guidance on how to define ranges given
the possible DIP delineation and
resulting stock designation outcomes.
Finally, the draft revisions remove text
on prospective stocks that was deemed
no longer relevant given the process laid
out in NMFS PDS 02–204–03.
Topics 2 and 3 relate to the
calculation of the minimum population
abundance (Nmin) in post-survey years
(Topic 2), and to address sources of bias
(Topic 3), respectively. Previous
versions of the guidelines state that if
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eight years have transpired since the
time of an abundance survey, Nmin is
considered unknown. This creates a
challenge for managing stocks. The draft
revisions remove the 8-year expiration
of abundance data for use in calculating
Nmin. They provide additional detail on
the survey frequency assumed in the
original PBR performance testing
scenarios conducted by Wade (1998)
and note that if survey data are older
than was assumed in these scenarios,
Nmin should be adjusted to account for
uncertain post-survey abundance
changes. The draft revisions provide a
non-exhaustive list of potential options
for making such adjustments to Nmin
and note that at some point even with
adjustments, Nmin will become
unreliable and should be considered
unknown on a case-by-case basis.
Topic 4 relates to designating stocks
as strategic and related recovery factors.
The MMPA defines the term ‘‘strategic
stock’’ as a marine mammal stock: (A)
for which the level of direct human
caused mortality exceeds the potential
biological removal (PBR) level; (B)
which is declining and is likely to be
listed as a threatened species under the
ESA within the foreseeable future; or (C)
which is listed as a threatened species
or endangered species under the ESA or
is designated as depleted under the
MMPA. While applying criterion A or C
may be relatively straightforward,
applying criterion B is more subjective
and previous versions of the guidelines
did not provide any guidance related to
criterion B. The draft revisions provide
explicit guidelines for making strategic
determinations based on each part of
Section 3(19) of the MMPA (A–C). For
Section 3(19)(A), the draft revisions
provide direction for how to assess
strategic status given varying levels of
information on the minimum
population size, which is necessary for
calculating the PBR level, and humancaused mortality and serious injury (M/
SI). For Section 3(19)(B), the draft
revisions direct SAR authors to rely on
information to be included in the SAR
on the stock’s trend and whether the
stock is proposed to be listed under the
ESA to inform strategic status. Finally,
the draft revisions provide
straightforward guidelines for
determining strategic status under
Section 3(19)(C) based on a stock’s
current depleted status under the
MMPA and listing under the ESA.
Topic 5 focuses on improving
language related to quantifying and
including unobserved mortality and
serious injury. In recent years, estimates
of unobserved or ‘‘cryptic’’ mortality of
marine mammals, particularly of large
whales, have been developed and in
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some cases, have been incorporated into
the SARs. However, previous versions
of the guidelines did not provide
guidance specific to incorporating this
information and whether or not it
should be considered and counted
against PBR. The draft revisions
summarize the concept of undetected
mortality and the state of the science as
it relates to estimating undetected
mortality in marine mammals and its
inclusion in SARs. They then provide
specific guidance directing SAR authors
to correct human-caused M/SI estimates
for undetected mortality using the best
available scientific information when
possible and include several examples
of how this may be accomplished. The
draft revisions also provide guidance on
using data from other stocks and how to
appropriately deal with apportioning
undetected mortality by cause, various
biases that may exist, and multiple
estimates of human-caused M/SI.
Topic 6 relates to providing further
guidance on the inclusion and
incorporation of information on climate
change, biologically important areas,
and habitat issues. Inclusion of
information on the effects of climate
change in SARs has been a subject of
discussion among SRGs. In addition,
NMFS is in the process of completing
climate vulnerability assessments for
marine mammal stocks (Lettrich et al.,
2019), and efforts are underway to
update guidance on using climate
information in various ESA and MMPA
contexts. Somewhat related, for
endangered/threatened stocks, the SARs
generally include information about
critical habitat designations, while SARs
may or may not include a description of
biologically important areas when
identified for a stock. The draft
revisions provide a new section entitled
‘‘Habitat Issues,’’ which is mentioned in
the current version of the guidelines as
a possible section in the SARs, but with
little specific guidance. The draft
revisions provide guidance on the
purpose of the habitat issues section of
a SAR (to highlight habitat issues
affecting the status of the stock), and
when such a section may be warranted.
They describe the type of information
and level of detail that should be
included in this section. The draft
revisions focus on strategic stocks, given
the requirements of the MMPA, but note
that in some cases, a habitat issues
section may be included for nonstrategic stocks when warranted.
Topic 7 clarifies expectations
regarding peer-review of information
included in SARs. Previous
recommendations from the SRGs
indicated that the peer-review
expectations for information included in
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the SARs are not clearly laid out in the
current guidelines. The draft revisions
provide two new sections entitled
‘‘Ensuring Appropriate Peer Review of
New Information’’ and ‘‘Ensuring
Appropriate Quality Assurance and
Quality Control.’’ The first section
summarizes NOAA’s mandates to
include the best available scientific
information in the SARs and provides
direction for how this requirement may
be met when including new information
in draft SARs. It then describes three
levels of peer review and how the
different types of new information that
may be included in the SARs fit into
each level, with specific direction given
on what level of review should be
considered in each circumstance. The
second section directs SAR authors to
ensure draft SARs follow appropriate
Quality Assurance and Quality Control
procedures.
Finally, Topic 8 relates to data
sources and criteria used for
documenting human-caused mortality
and serious injury. Implementation of
the 2016 guidelines resulted in some
inconsistencies in how SARs report
information on human-caused M/SI and
the criteria used for such information.
Such inconsistencies have led to
differing estimates of human-caused M/
SI among SARs and other NMFS
documents. Additionally, under the
previous guidelines, there was a lack of
consistency in the SARs regarding
human-caused injuries, especially
fishery entanglements/ingestions, that
were determined to not be seriously
injured and therefore not counting
against PBR, particularly when there
was intervention. The draft revisions
modify the existing section titled
‘‘Annual Human-caused Mortality and
Serious Injury.’’ Specifically, the draft
revisions divide this section into several
new sections including sections on
‘‘Undetected Mortality and Serious
Injury’’ (see Topic 5 above), ‘‘Incidental
Commercial Fishery Mortality and
Serious Injury,’’ and ‘‘Other Sources of
Human-Caused Mortality and Serious
Injury (Including Foreign Fisheries and
Non-commercial U.S. Fisheries),’’ and
this now includes the existing
‘‘Mortality Rates’’ section. Within these
sections, the draft revisions provide
additional guidance on the data sources
and criteria that should be considered
when determining what constitutes the
best available scientific information
regarding human-caused M/SI. The draft
revisions also provide details on how to
include information on non-serious
injuries, including serious injuries that
were averted due to intervention.
In addition, other minor revisions
were made to improve readability,
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formatting, and clarity, and ensure
consistency with ongoing efforts to
revise NMFS Serious Injury Procedural
Directive (NMFS PD 02–038–01). The
full draft revised Procedural Directive is
available at: https://
www.regulations.gov/docket/NOAANMFS-2022-0081. NMFS solicits public
comments on the draft revisions.
Dated: August 18, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
References
National Oceanic and Atmospheric
Administration
Barlow, J., Swartz, S.L., Eagle, T.C., Wade,
P.R.. 1995. U.S. Marine Mammal Stock
Assessments: Guidelines for Preparation,
Background, and a Summary of the 1995
Assessments. NOAA Technical
Memorandum NMFS–OPR–6, 73 p.
Available at: https://repository.library.
noaa.gov/view/noaa/6219.
Lettrich, M.D., Asaro, M.J., Borggaard, D.L.,
Dick, D.M., Griffis, R.B., Litz, J.A.,
Orphanides, C.D., Palka, D.L., Pendleton,
D.E., Soldevilla, M.S.. 2019. A Method
for Assessing the Vulnerability of Marine
Mammals to a Changing Climate. NOAA
Technical Memorandum NMFSF–SPO–
196, 73 p. Available at: https://
spo.nmfs.noaa.gov/sites/default/files/
TMSPO196_508.pdf.
Martien, K.K., Lang, A.R., Taylor, B.L., Rosel,
P.E., Simmons, SE, Oleson, E.M.,
Boveng, P.L., M.B. Hanson. 2019. The
DIP Delineation Handbook: A Guide to
Using Multiple Lines of Evidence to
Delineate Demographically Independent
Populations of Marine Mammals. NOAA
Technical Memorandum NMFS–
SWFSC–622, 135 p. Available at: https://
repository.library.noaa.gov/view/noaa/
22660.
Moore, J.E., Merrick, R. (editors) 2011.
Guidelines for Assessing Marine
Mammal Stocks: Report of the GAMMS
III Workshop, February 15–18, 2011, La
Jolla, California. NOAA Technical
Memorandum NMFS–OPR–47, 107 p.
Available at: https://repository.library.
noaa.gov/view/noaa/4022.
NMFS (National Marine Fisheries Service).
2019. Reviewing and Designating Stocks
and Issuing Stock Assessment Reports
under the Marine Mammal Protection
Act. NMFS Procedure 02–203–04.
Available at: https://
www.fisheries.noaa.gov/national/lawsand-policies/policy-directive-system.
NMFS (National Marine Fisheries Service).
2012b. Renewed 2014. Procedural
Directive: Process for Distinguishing
Serious from Non-Serious Injury of
Marine Mammals. NMFS Procedure 02–
238–01. Available at: https://
media.fisheries.noaa.gov/dammigration/02-238-01.pdf.
Wade, P.R. 1998. Calculating limits to the
allowable human-caused mortality of
cetaceans and pinnipeds. Marine
Mammal Science 14:1–37.
Wade, P.R., Angliss, R.P. 1997. Guidelines for
Assessing Marine Mammal Stocks:
Report of the GAMMS Workshop, April
3–5, 1996, Seattle, WA. NOAA Technical
Memorandum NMFS–OPS–12, 93 p.
Available at: https://repository.library.
noaa.gov/view/noaa/15963.
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[FR Doc. 2022–18349 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
[RTID 0648–XC284]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Scientific and Statistical
Committee (SSC) of the Mid-Atlantic
Fishery Management Council (Council)
will hold a meeting.
DATES: The meeting will be held on
Tuesday, September 13, 2022, starting at
12:30 p.m. and continue through 12
p.m. on Wednesday, September 14,
2022. See SUPPLEMENTARY INFORMATION
for agenda details.
ADDRESSES:
Meeting address: The meeting will be
held at the Hyatt Place Baltimore Inner
Harbor, 511 South Central Ave.,
Baltimore, MD 21202.
The meeting will be conducted in a
hybrid format, with options for both inperson and webinar participation.
Details on how to connect to the
webinar by computer and by telephone
will be available at: www.mafmc.org/
ssc.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; website:
www.mafmc.org.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: During
this meeting, the SSC will make
acceptable biological catch (ABC)
recommendations for spiny dogfish for
the 2023 fishing year based on the most
recent survey data and fishery
information. The SSC will get an
overview of the work products and
decision support tools developed as part
of the Northeast Regional Marine Fish
Habitat Assessment (NRHA) project.
The SSC will receive an update from a
number of SSC working groups,
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including: the Ecosystem work group,
the Economic work group, and the
Constant/Average ABC work group. The
SSC will also receive a presentation on
the results and findings of the Council’s
recently completed management
strategy evaluation on the recreational
summer flounder fishery. The SSC may
take up any other business as necessary.
A detailed agenda and background
documents will be made available on
the Council’s website (www.mafmc.org)
prior to the meeting.
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interpretation or other auxiliary aid
should be directed to Shelley Spedden,
(302) 526–5251, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 22, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–18351 Filed 8–24–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
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Administration
[RTID 0648–XC260]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the North Jetty
Maintenance and Repairs Project in
Coos Bay, Oregon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of two
incidental harassment authorizations
(IHAs).
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued two IHAs to the
U.S. Army Corps of Engineers (Corps) to
incidentally harass marine mammals
during in-water construction activities
associated with the North Jetty
Maintenance and Repairs Project in
Coos Bay, Oregon. There are no changes
from the proposed authorizations in
these final authorizations.
DATES: These authorizations are
effective from September 1, 2022
through August 31, 2023 and March 1,
2024 through February 28, 2025.
SUMMARY:
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52368-52371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18349]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC205]
Guidelines for Preparing Stock Assessment Reports Pursuant to the
Marine Mammal Protection Act; Draft Revisions to Procedural Directive
(NMFS PD 02-204-01)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The National Marine Fisheries Service (NMFS) solicits public
comments on draft revisions to the Guidelines for Preparing Stock
Assessment Reports Pursuant to the Marine Mammal Protection Act (NMFS
Procedural Directive (PD) 02-204-01).
DATES: Comments must be received by September 26, 2022.
ADDRESSES: The draft revisions to the Guidelines for Preparing Stock
Assessment Reports Pursuant to the Marine Mammal Protection Act (NMFS
PD 02-204-01) are available at: https://www.regulations.gov/docket/NOAA-NMFS-2022-0081. You may submit comments on the draft revisions,
through the Federal e-Rulemaking Portal:
1. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0081
in the Search box.
2. Click the ``Comment'' icon, and complete the required fields.
3. Enter or attach your comments.
Instructions: NMFS may not consider comments if they are sent by
any other
[[Page 52369]]
method, to any other address or individual, or received after the end
of the comment period. Due to delays in processing mail related to
COVID-19 and health and safety concerns, no mail, courier, or hand
deliveries will be accepted. All comments received are a part of the
public record and will generally be posted for public viewing on https://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 commenter may be publicly accessible. NMFS will also 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: Eric Patterson, NMFS Office of
Protected Resources, (301) 427-8415, [email protected]; or
Zachary Schakner, NMFS Office of Science and Technology, 301-427-8106,
[email protected].
SUPPLEMENTARY INFORMATION: Section 117 of the Marine Mammal Protection
Act (MMPA) (16 U.S.C. 1361 et seq.) requires NMFS and the U.S. Fish and
Wildlife Service (FWS) to prepare stock assessments for each stock of
marine mammals occurring in waters under the jurisdiction of the United
States. These reports must contain information regarding the
distribution and abundance of the stock, population growth rates and
trends, estimates of annual human-caused mortality and serious injury
from all sources, descriptions of the fisheries with which the stock
interacts, and the status of the stock. Initial stock assessment
reports (SARs) were completed in 1995.
NMFS convened a workshop in June 1994, including representatives
from NMFS, FWS, and the Marine Mammal Commission (Commission), to draft
guidelines for preparing SARs. The report of this workshop (Barlow et
al., 1995) included the guidelines for preparing SARs and a summary of
the discussions upon which the guidelines were based. The draft
guidelines were made available, along with the initial draft SARs, for
public review and comment (59 FR 40527; August 9, 1994) and were
finalized August 25, 1995 (60 FR 44308; August 25, 1995).
In 1996, NMFS convened a second workshop (referred to as the
Guidelines for Assessing Marine Mammal Stocks, or ``GAMMS,'' workshop)
to review the guidelines and recommend changes, if appropriate.
Workshop participants included representatives from NMFS, FWS, the
Commission, and the three regional scientific review groups (SRGs). The
report of that workshop (Wade and Angliss, 1997) summarized the
discussion at the workshop and contained revised guidelines. The
revised guidelines represented minor changes from the initial version.
The revised guidelines were made available for public review and
comment along with revised stock assessment reports on January 21, 1997
(62 FR 3005; January 21, 1997) and later finalized.
In September 2003, NMFS again convened a workshop (referred to as
GAMMS II) to review guidelines and again recommend minor changes.
Participants at the workshop included representatives of NMFS, FWS, the
Commission, and the regional SRGs. Changes to the guidelines resulting
from the 2003 workshop were directed primarily toward identifying
population stocks and estimating PBR for declining stocks of marine
mammals. The revised guidelines were made available for public review
and comment on November 18, 2004 (69 FR 67541), and the revisions were
completed and finalized on June 20, 2005 (70 FR 35397).
In February 2011, NMFS convened another workshop (referred to as
GAMMS III) to review guidelines for preparing SARs and again
recommended changes to the guidelines. Participants at the workshop
again included representatives from NMFS, FWS, the Commission, and the
three regional SRGs. The objectives of the GAMMS III workshop were to
(1) consider methods for assessing stock status (i.e., how to apply the
PBR framework) when abundance data are outdated, nonexistent, or only
partially available; (2) develop policies on stock identification and
application of the PBR framework to small stocks, transboundary stocks,
and situations where stocks mix; and (3) develop consistent national
approaches to a variety of other issues, including reporting mortality
and serious injury information in assessments. Nine specific topics
were discussed at the workshop. The deliberations of these nine topics
resulted in a series of recommended modifications to the guidelines.
The main body of the GAMMS III workshop report included summaries of
the presentations and discussions for each of the agenda topics, as
well as recommended revisions to individual sections of the guidelines
(Moore and Merrick, 2011). Appendices to the workshop report provided a
variety of supporting documents, including the full draft revision of
the guidelines (Appendix IV). The revised guidelines were made
available for public review and comment on January 24, 2012 (77 FR
3450), and revisions related to seven of the nine topics were finalized
on March 2, 2016 (81 FR 10830) as a NMFS Procedural Directive (NMFS PD
02-204-01) for the first time.
In July 2020, NMFS once again began efforts to review and possibly
revise the guidelines, with a focus on addressing some topics
identified in the GAMMS III workshop but not finalized in 2016. In
addition, per the NMFS Policy Directive System, the guidelines were
scheduled for review in February 2021. Due to the COVID-19 pandemic and
the targeted nature of the revision effort, an in-person workshop was
not held as was typical in the past. Instead, an internal working group
reviewed the guidelines and developed draft revisions, as appropriate.
The working group identified eight topics that warranted potential
revisions, a summary of which is provided below.
Topic 1 relates to revising the guidelines to incorporate and
reference NMFS Procedural Directive: Reviewing and Designating Stocks
and Issuing Stock Assessment Reports under the Marine Mammal Protection
Act (NMFS PDS 02-204-03). NMFS PDS 02-204-03, which was finalized in
2019, established NMFS procedure for reviewing and designating stocks
in the development of the SARs, including how stock designations relate
to demographically independent populations (DIPs), as well as distinct
population segments (DPSs) in cases where marine mammals are also
listed as DPSs under the Endangered Species Act (ESA). The draft
revisions summarize NMFS PDS 02-204-03 and incorporate the directive by
reference. They describe the distinction between the delineation of
DIPs and the designation of stocks and remove text that is no longer
relevant as it relates to defining stocks, which is replaced with
direction to rely on Martien et al. (2019) for DIP delineation and NMFS
PDS 02-204-03 for stock designation. The draft revisions also provide
additional guidance on how to define ranges given the possible DIP
delineation and resulting stock designation outcomes. Finally, the
draft revisions remove text on prospective stocks that was deemed no
longer relevant given the process laid out in NMFS PDS 02-204-03.
Topics 2 and 3 relate to the calculation of the minimum population
abundance (Nmin) in post-survey years (Topic 2), and to address sources
of bias (Topic 3), respectively. Previous versions of the guidelines
state that if
[[Page 52370]]
eight years have transpired since the time of an abundance survey, Nmin
is considered unknown. This creates a challenge for managing stocks.
The draft revisions remove the 8-year expiration of abundance data for
use in calculating Nmin. They provide additional detail on the survey
frequency assumed in the original PBR performance testing scenarios
conducted by Wade (1998) and note that if survey data are older than
was assumed in these scenarios, Nmin should be adjusted to account for
uncertain post-survey abundance changes. The draft revisions provide a
non-exhaustive list of potential options for making such adjustments to
Nmin and note that at some point even with adjustments, Nmin will
become unreliable and should be considered unknown on a case-by-case
basis.
Topic 4 relates to designating stocks as strategic and related
recovery factors. The MMPA defines the term ``strategic stock'' as a
marine mammal stock: (A) for which the level of direct human caused
mortality exceeds the potential biological removal (PBR) level; (B)
which is declining and is likely to be listed as a threatened species
under the ESA within the foreseeable future; or (C) which is listed as
a threatened species or endangered species under the ESA or is
designated as depleted under the MMPA. While applying criterion A or C
may be relatively straightforward, applying criterion B is more
subjective and previous versions of the guidelines did not provide any
guidance related to criterion B. The draft revisions provide explicit
guidelines for making strategic determinations based on each part of
Section 3(19) of the MMPA (A-C). For Section 3(19)(A), the draft
revisions provide direction for how to assess strategic status given
varying levels of information on the minimum population size, which is
necessary for calculating the PBR level, and human-caused mortality and
serious injury (M/SI). For Section 3(19)(B), the draft revisions direct
SAR authors to rely on information to be included in the SAR on the
stock's trend and whether the stock is proposed to be listed under the
ESA to inform strategic status. Finally, the draft revisions provide
straightforward guidelines for determining strategic status under
Section 3(19)(C) based on a stock's current depleted status under the
MMPA and listing under the ESA.
Topic 5 focuses on improving language related to quantifying and
including unobserved mortality and serious injury. In recent years,
estimates of unobserved or ``cryptic'' mortality of marine mammals,
particularly of large whales, have been developed and in some cases,
have been incorporated into the SARs. However, previous versions of the
guidelines did not provide guidance specific to incorporating this
information and whether or not it should be considered and counted
against PBR. The draft revisions summarize the concept of undetected
mortality and the state of the science as it relates to estimating
undetected mortality in marine mammals and its inclusion in SARs. They
then provide specific guidance directing SAR authors to correct human-
caused M/SI estimates for undetected mortality using the best available
scientific information when possible and include several examples of
how this may be accomplished. The draft revisions also provide guidance
on using data from other stocks and how to appropriately deal with
apportioning undetected mortality by cause, various biases that may
exist, and multiple estimates of human-caused M/SI.
Topic 6 relates to providing further guidance on the inclusion and
incorporation of information on climate change, biologically important
areas, and habitat issues. Inclusion of information on the effects of
climate change in SARs has been a subject of discussion among SRGs. In
addition, NMFS is in the process of completing climate vulnerability
assessments for marine mammal stocks (Lettrich et al., 2019), and
efforts are underway to update guidance on using climate information in
various ESA and MMPA contexts. Somewhat related, for endangered/
threatened stocks, the SARs generally include information about
critical habitat designations, while SARs may or may not include a
description of biologically important areas when identified for a
stock. The draft revisions provide a new section entitled ``Habitat
Issues,'' which is mentioned in the current version of the guidelines
as a possible section in the SARs, but with little specific guidance.
The draft revisions provide guidance on the purpose of the habitat
issues section of a SAR (to highlight habitat issues affecting the
status of the stock), and when such a section may be warranted. They
describe the type of information and level of detail that should be
included in this section. The draft revisions focus on strategic
stocks, given the requirements of the MMPA, but note that in some
cases, a habitat issues section may be included for non-strategic
stocks when warranted.
Topic 7 clarifies expectations regarding peer-review of information
included in SARs. Previous recommendations from the SRGs indicated that
the peer-review expectations for information included in the SARs are
not clearly laid out in the current guidelines. The draft revisions
provide two new sections entitled ``Ensuring Appropriate Peer Review of
New Information'' and ``Ensuring Appropriate Quality Assurance and
Quality Control.'' The first section summarizes NOAA's mandates to
include the best available scientific information in the SARs and
provides direction for how this requirement may be met when including
new information in draft SARs. It then describes three levels of peer
review and how the different types of new information that may be
included in the SARs fit into each level, with specific direction given
on what level of review should be considered in each circumstance. The
second section directs SAR authors to ensure draft SARs follow
appropriate Quality Assurance and Quality Control procedures.
Finally, Topic 8 relates to data sources and criteria used for
documenting human-caused mortality and serious injury. Implementation
of the 2016 guidelines resulted in some inconsistencies in how SARs
report information on human-caused M/SI and the criteria used for such
information. Such inconsistencies have led to differing estimates of
human-caused M/SI among SARs and other NMFS documents. Additionally,
under the previous guidelines, there was a lack of consistency in the
SARs regarding human-caused injuries, especially fishery entanglements/
ingestions, that were determined to not be seriously injured and
therefore not counting against PBR, particularly when there was
intervention. The draft revisions modify the existing section titled
``Annual Human-caused Mortality and Serious Injury.'' Specifically, the
draft revisions divide this section into several new sections including
sections on ``Undetected Mortality and Serious Injury'' (see Topic 5
above), ``Incidental Commercial Fishery Mortality and Serious Injury,''
and ``Other Sources of Human-Caused Mortality and Serious Injury
(Including Foreign Fisheries and Non-commercial U.S. Fisheries),'' and
this now includes the existing ``Mortality Rates'' section. Within
these sections, the draft revisions provide additional guidance on the
data sources and criteria that should be considered when determining
what constitutes the best available scientific information regarding
human-caused M/SI. The draft revisions also provide details on how to
include information on non-serious injuries, including serious injuries
that were averted due to intervention.
In addition, other minor revisions were made to improve
readability,
[[Page 52371]]
formatting, and clarity, and ensure consistency with ongoing efforts to
revise NMFS Serious Injury Procedural Directive (NMFS PD 02-038-01).
The full draft revised Procedural Directive is available at: https://www.regulations.gov/docket/NOAA-NMFS-2022-0081. NMFS solicits public
comments on the draft revisions.
References
Barlow, J., Swartz, S.L., Eagle, T.C., Wade, P.R.. 1995. U.S. Marine
Mammal Stock Assessments: Guidelines for Preparation, Background,
and a Summary of the 1995 Assessments. NOAA Technical Memorandum
NMFS-OPR-6, 73 p. Available at: https://repository.library.noaa.gov/view/noaa/6219.
Lettrich, M.D., Asaro, M.J., Borggaard, D.L., Dick, D.M., Griffis,
R.B., Litz, J.A., Orphanides, C.D., Palka, D.L., Pendleton, D.E.,
Soldevilla, M.S.. 2019. A Method for Assessing the Vulnerability of
Marine Mammals to a Changing Climate. NOAA Technical Memorandum
NMFSF-SPO-196, 73 p. Available at: https://spo.nmfs.noaa.gov/sites/default/files/TMSPO196_508.pdf.
Martien, K.K., Lang, A.R., Taylor, B.L., Rosel, P.E., Simmons, SE,
Oleson, E.M., Boveng, P.L., M.B. Hanson. 2019. The DIP Delineation
Handbook: A Guide to Using Multiple Lines of Evidence to Delineate
Demographically Independent Populations of Marine Mammals. NOAA
Technical Memorandum NMFS-SWFSC-622, 135 p. Available at: https://repository.library.noaa.gov/view/noaa/22660.
Moore, J.E., Merrick, R. (editors) 2011. Guidelines for Assessing
Marine Mammal Stocks: Report of the GAMMS III Workshop, February 15-
18, 2011, La Jolla, California. NOAA Technical Memorandum NMFS-OPR-
47, 107 p. Available at: https://repository.library.noaa.gov/view/noaa/4022.
NMFS (National Marine Fisheries Service). 2019. Reviewing and
Designating Stocks and Issuing Stock Assessment Reports under the
Marine Mammal Protection Act. NMFS Procedure 02-203-04. Available
at: https://www.fisheries.noaa.gov/national/laws-and-policies/policy-directive-system.
NMFS (National Marine Fisheries Service). 2012b. Renewed 2014.
Procedural Directive: Process for Distinguishing Serious from Non-
Serious Injury of Marine Mammals. NMFS Procedure 02-238-01.
Available at: https://media.fisheries.noaa.gov/dam-migration/02-238-01.pdf.
Wade, P.R. 1998. Calculating limits to the allowable human-caused
mortality of cetaceans and pinnipeds. Marine Mammal Science 14:1-37.
Wade, P.R., Angliss, R.P. 1997. Guidelines for Assessing Marine
Mammal Stocks: Report of the GAMMS Workshop, April 3-5, 1996,
Seattle, WA. NOAA Technical Memorandum NMFS-OPS-12, 93 p. Available
at: https://repository.library.noaa.gov/view/noaa/15963.
Dated: August 18, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-18349 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P
