Notice of Intent To Prepare an Environmental Impact Statement on Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast, 55405-55409 [2022-19335]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55405-55409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19335]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RTID 0648-XB307


Notice of Intent To Prepare an Environmental Impact Statement on 
Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce 
Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and 
Gillnet Fisheries Along the U.S. East Coast

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

ACTION: Notice of Intent to prepare an Environmental Impact Statement, 
request for comments.

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SUMMARY: This notice announces an Environmental Impact Statement (EIS) 
will be prepared in accordance with the National Environmental Policy 
Act (NEPA) to analyze the impacts to the environment of alternatives to 
amend the Atlantic Large Whale Take Reduction Plan (Plan). The National 
Marine Fisheries Service (NMFS) intends to begin a rulemaking process 
to amend the Plan to further reduce the risk of mortalities and serious 
injuries of North Atlantic right whales (Eubalaena glacialis) and other 
large whales caused by incidental entanglement in commercial trap/pot 
and gillnet fisheries along the U.S. East Coast. This notice is 
necessary to inform the public of NMFS's intent to prepare this EIS and 
to provide the public with an opportunity to provide input for NMFS's 
consideration.

DATES: Comments must be received by October 11, 2022.
    Public Hearing: In addition to presentations at New England and Mid 
Atlantic Fishery Management Council Meetings in September and October

[[Page 55406]]

2022, a virtual public scoping meeting will be held during the public 
comment period. See ADDRESSES to obtain public meeting details.

ADDRESSES: You many submit comments on this Notice of Intent, 
identified by NOAA-NMFS-2022-0091, by either of the following methods:
    Electronic submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0091 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Instructions: All comments received that are timely and properly 
submitted are a part of the public record and may 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. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). 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 us.
    Oral Comments: One remote public scoping meeting will be held 
during the comment period. More information, including the date of the 
public scoping meeting and remote access information, will be posted on 
the Plan website, https://www.fisheries.noaa.gov/ALWTRP, or you may 
contact Marisa Trego. (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Marisa Trego, Atlantic Large Whale 
Take Reduction Team Coordinator, Greater Atlantic Region. Telephone: 
978-282-8484. Address: 55 Great Republic Drive, Gloucester, MA 01930. 
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Need for Proposed Action

    NMFS has determined that additional risk reduction is needed in all 
East Coast gillnet and trap/pot fisheries regulated under the Plan to 
meet the requirements of the Marine Mammal Protection Act (MMPA). This 
notice informs the public of an opportunity to provide public input on 
the next Plan modifications to reduce the risk of entanglement to 
right, humpback, and fin whales from all U.S. East Coast commercial 
trap/pot and gillnet fisheries.
    A final rule implementing new modifications to reduce mortalities 
and serious injuries caused by incidental entanglement in the Northeast 
American lobster and Jonah crab trap/pot fishery was published on 
September 17, 2021 (86 FR 51970) and analyzed in a Final Environmental 
Impact Statement (FEIS) released on July 2, 2021 (86 FR 35288). These 
Phase 1 Plan modifications were intended to achieve the minimum 60 
percent target reduction in risk within the Northeast American lobster 
and Jonah crab trap/pot fisheries at the time. Given new information 
since the 2021 modifications were initiated, the risk reduction 
estimated to be necessary to reduce mortality and serious injuries of 
right whales in U.S. commercial fisheries to below the Population 
Biological Removal level (PBR), as required by the MMPA, has increased 
from 60 to 80 percent in 2019 to at least a 90 percent risk reduction 
target. NMFS has been working with the Atlantic Large Whale Take 
Reduction Team (Team) to develop recommendations addressing risk from 
the U.S. East Coast gillnet, Atlantic mixed species trap/pot, and Mid-
Atlantic lobster and Jonah crab trap/pot fisheries, including some that 
apply to Northeast lobster and Jonah crab trap/pot fishery. In a recent 
summary judgment in the Center for Biological Diversity, et al., v. 
Raimondo, et al., (Civ. No. 18-112 (D.D.C.)), the presiding judge ruled 
that the 2021 Final Rule failed to satisfy the requirements of the 
MMPA. Given that ruling and the updated 90 percent risk reduction 
target, additional risk reduction will be necessary from all fixed gear 
fisheries coastwide that are regulated under the Plan, as described 
below.
    NMFS plans to analyze alternatives through the development of a 
Draft Environmental Impact Statement (DEIS) alongside a rulemaking to 
modify the Plan to reduce mortalities and serious injuries from 
incidental commercial fishing gear entanglements in all U.S. East Coast 
commercial gillnet and trap/pot fisheries. NMFS' purpose for the 
proposed action is to fulfill the mandates of the MMPA to reduce 
incidental mortalities and serious injuries of large whales to below 
each stock's PBR. This action is needed because the right whale 
population is in steep decline, incidental entanglement in U.S. 
commercial fisheries is one of the causes of serious injuries and 
mortalities to right whales, and the estimated level of serious 
injuries and mortalities in U.S. fisheries exceeds the level allowed 
under the MMPA.
    North Atlantic right whales are listed as endangered under the 
Endangered Species Act (ESA) and considered depleted under the MMPA. 
After more than two decades of an increasing trend, the population has 
been declining since 2010 (Pace et al., 2017). The most recent 
population estimate is fewer than 350 animals, which is well below the 
optimum sustainable population (Pettis et al., 2022). The decline has 
been exacerbated by an Unusual Mortality Event (UME) that began in 
2017, when a total of 17 confirmed dead right whales were documented. 
It is important to note that scientists estimate only about one-third 
of mortalities are observed (Pace et al., 2021). As of August 2022, the 
UME includes 53 documented individuals, comprising 34 right whale 
mortalities and an additional 19 seriously injured right whales 
rangewide (in Canadian and U.S. waters). Of these 53 incidents, nearly 
half (26) involved entanglement, 13 were due to vessel strikes, 13 were 
either too decomposed or were not able to be examined to determine a 
cause of death, and one was a perinatal mortality. During this period 
(2017-2022), only 55 calves contributed to population growth. Two 
additional calves were observed but are not included in this count: one 
was sighted without a mother in the Canary Islands, and another calf 
likely died before birth (i.e., did not take a breath after 
parturition).
    One of the primary causes of mortality and serious injury of North 
Atlantic right whales is entanglement in fishing gear. Climate change 
and associated alterations in prey abundance and distribution are 
exacerbating the population decline by shifting the overlap between 
right whales and fisheries and by reducing the population's resilience 
to other stressors. With mortalities and serious injuries continuing to 
outpace births, the population decline continues and further mitigation 
of entanglements that cause mortality or serious injury is necessary 
for population recovery.
    The MMPA mandates that NMFS develop and implement Take Reduction 
Plans for preventing the depletion and assisting in the recovery of 
certain marine mammal stocks that are killed or seriously injured 
incidental to commercial fisheries. Pursuant to the MMPA, NMFS convenes 
Take Reduction Teams composed of stakeholders to develop 
recommendations that achieve a short-term goal of reducing mortalities 
and serious injuries of marine mammals covered by the Plan to a rate 
below each stock's PBR. NMFS considers those recommendations when 
implementing Take Reduction Plans through the

[[Page 55407]]

rulemaking process. The Atlantic Large Whale Take Reduction Team (Team) 
was first convened in 1996 to recommend measures to reduce mortalities 
and serious injuries of right, humpback, and fin whales incidental to 
certain commercial fisheries. Since 1997, the Plan has been amended 
several times to reduce the impacts of fishing gear on large whales in 
U.S. waters through measures that include area closures, gear 
configuration requirements, and gear marking. The most recent final 
rule, published on September 17, 2021 (86 FR 51970), implemented 
modifications intended to reduce mortalities and serious injuries 
caused by entanglement in the Northeast American lobster and Jonah crab 
trap/pot fishery by up to 60 percent. The alternatives considered were 
analyzed in a FEIS released on July 2, 2021 (86 FR 35288). The 
rulemaking effort is sometimes referred to as the ``Phase 1'' risk 
reduction modifications.
    In 2021, the Team convened to address large whale mortalities and 
serious injuries caused by entanglements in the U.S. East Coast 
gillnet, Atlantic mixed species trap/pot, and mid-Atlantic lobster and 
Jonah crab trap/pot fisheries (``Phase 2'' fisheries). Scoping on 
measures to reduce the impacts of these fisheries was conducted from 
August 10, 2021 through October 21, 2021. Written and verbal comments 
were collected during seven virtual scoping meetings, presentations to 
the fishery Councils and Commission, three call-in days, and via email.
    After attending information webinars in November 2021 and January, 
February, March, and April 2022, the Team reconvened in May 2022 to 
begin development of recommendations for modifications to the Plan 
regulations related to these Phase 2 fisheries. The Team reviewed new 
population information showing that the population decline is 
continuing at a high rate, confirming that most right whale mortalities 
are unseen, and compelling greater risk reduction than previously 
anticipated. The most recent North Atlantic Right Whale Stock 
Assessment Report reduced PBR to 0.7 (NMFS, 2021). In October 2021, the 
Atlantic Scientific Review Group (ASRG), recommended that NMFS 
calculate the risk reduction target with the total mortality estimates 
derived from the population estimate outputs suggesting that many more 
mortalities occur unobserved than can be accounted for by relying on 
observed mortality (Pace et al., 2021). The ASRG recommended that NMFS 
assume those estimated but unseen mortalities be attributed to vessel 
strike or entanglements as those are the cause of nearly all observed 
mortalities. Finally the ASRG recommended that NMFS apply the most 
recent ratio of observed vessel strike to entanglement serious injuries 
and mortalities to the unseen mortalities to estimate how many were 
caused by entanglements each year. The ASRG did not make a 
recommendation about what portion of those mortalities occurred in U.S. 
or Canadian waters. For the 2021 rule and FEIS, we assumed half of all 
incidents occurred in each country but also provided additional 
estimates based on country apportionments with as many as 70 percent of 
incidents occurring in Canada to show how robust the estimated risk 
reduction needed to achieve PBR are to this assumption. Given how high 
total mortality is relative to PBR and a few years with higher 
confirmed Canadian incidents, we recalculated risk reduction according 
to the same range of country apportionments (50:50, 60:40, and 70:30) 
and found a change in 20 percent of the country apportionment resulted 
in only a 5-percent difference in risk reduction (89 to 94 percent). 
Applying these assumptions, NMFS estimates that to reduce right whale 
mortality and serious injury caused by incidental entanglement in U.S. 
commercial fisheries to below PBR, a greater level of risk reduction 
than originally anticipated across all regulated fisheries is 
necessary.
    NMFS presented the new risk reduction target to the team in a 
webinar on November 2, 2021. The risk reduction estimated to be 
necessary to reduce mortality and serious injuries of right whales in 
U.S. commercial fisheries to below the PBR, as required by the MMPA, 
has increased from a minimum of 60 percent to at least a 90 percent 
risk reduction from the baseline year of 2017. It is likely that 
additional modifications to all of the fixed gear trap/pot and gillnet 
fisheries regulated under the Plan will be necessary to meet the goals 
of the MMPA.
    NMFS will open a scoping period to gather additional public input 
on further modifications to the Plan including: (1) Northeast lobster 
and Jonah crab trap/pot fishery; (2) Mid-Atlantic gillnet fisheries for 
monkfish, spiny dogfish, smooth dogfish, bluefish, weakfish, menhaden, 
spot, croaker, striped bass, large and small coastal sharks, Spanish 
mackerel, king mackerel, American shad, black drum, skate species, 
yellow perch, white perch, herring, scup, kingfish, spotted seatrout, 
and butterfish; (3) Northeast sink gillnet fisheries for Atlantic cod, 
haddock, pollock, yellowtail flounder, winter flounder, witch flounder, 
American plaice, windowpane flounder, spiny dogfish, monkfish, silver 
hake, red hake, white hake, ocean pout, skate spp., mackerel, redfish, 
and shad; (4) Northeast drift gillnet fisheries for shad, herring, 
mackerel, and menhaden and any residual large pelagic driftnet effort 
in New England; (5) Southeast Atlantic gillnet fisheries for finfish, 
including, but not limited to: king mackerel, Spanish mackerel, 
whiting, bluefish, pompano, spot, croaker, little tunny, bonita, jack 
crevalle, cobia, and striped mullet; (6) Southeast Atlantic shark 
gillnet fisheries for large and small coastal sharks, including but not 
limited to blacktip, blacknose, finetooth, bonnethead, and sharpnose 
sharks; (7) Northeast anchored float gillnet fishery for mackerel, 
herring (particularly for bait), shad, and menhaden; (8) Atlantic mixed 
species trap/pot fisheries for hagfish, shrimp, conch/whelk, red crab, 
Jonah crab, rock crab, black sea bass, scup, tautog, cod, haddock, 
Pollock, redfish (ocean perch), white hake, spot, skate, catfish, stone 
crab, and cunner; (9) mid-Atlantic trap/pot fisheries for lobster and 
Jonah crab, and (10) Atlantic trap/pot fishery for Atlantic blue crab.
    Further information about the Plan and the 2021-2022 Team meetings 
where potential management measures were discussed, including 
recordings of all the informational webinars, can be found on the 
Plan's web page: https://www.fisheries.noaa.gov/alwtrp.

Preliminary Description of Proposed Action and Alternatives

    NMFS will develop and analyze suites of regulatory measures that 
would modify existing Plan requirements to reduce the risk of 
mortalities and serious injuries of large whales in U.S. fisheries 
caused by ongoing large whale incidental entanglements. Plan 
modifications are necessary to reduce the mortality and serious injury 
of right whales in U.S. East Coast gillnet and trap/pot fisheries. In 
addition to the status quo or no action alternative, potential 
alternatives that the draft EIS may analyze include measures that 
would:

 Weaken ropes such as buoy lines in these fisheries
 Reduce co-occurrence of this gear and right whales by reducing 
the amount of fishing gear in the water column where right whales occur 
(closures to buoy lines, reduction in the number of buoy lines through 
trap or panel limits, requiring fishing trawls or sets with only one 
endline)
 Improve identification of the source of entangling gear 
through increased

[[Page 55408]]

gear marking such as applying larger or more colored marks on buoy 
lines, and/or inserting a ribbon with details about the source fishery
 Restrain increased effort by controlling latent effort, and
 Establish or modify seasonal hot-spot management areas in 
which more strict measures would be implemented.

    Ideas discussed by the Team for gillnet fisheries include changing 
configurations such as increasing the minimum number of net panels per 
set to reduce endline numbers, reducing the number of buoy lines on a 
set of gillnet, gear tending or daytime-only sets for gillnets, 
installation of weak links at panels and weak rope that breaks at 
forces of less than 1,700 lb (771 kg), establishing seasonal restricted 
areas, dynamic management for some gillnet fisheries, and expanding 
gear marking requirements. Ideas discussed for trap/pot fisheries 
include changing configurations such as traps per trawl to reduce buoy 
line numbers, requiring only one endline in certain offshore areas 
where weak rope is not feasible, installation of weak inserts or ropes 
in buoy lines to break at forces of less than 1,700 lb (771 kg), 
establishment or modification of seasonal restricted areas, and 
expansion of gear marking requirements. NMFS requests input on allowing 
specific groups, such as Northeast Multispecies Sectors or state 
fishery managers the latitude to develop their own measures to meet 
conservation targets.
    NMFS is looking for information specific to additional risk 
reduction in all U.S. East Coast commercial gillnet and trap/pot 
fisheries, including, but not limited to, ways to reduce buoy lines 
through line caps, trawling up, trawls and sets limited to one buoy 
line, net and trap reductions, or other methods of achieving line 
reduction, modifications to existing restricted areas, new or expanded 
areas or seasons to consider restricting fishing with persistent buoy 
lines, opportunities for dynamic management, and any modifications to 
the weak line requirements published on September 17, 2021 (86 FR 
51970). Additional feedback on ideas that were discussed in previous 
scoping and comments on earlier modifications is also invited. Examples 
include, but are not limited to, increasing the number of weak inserts 
required to increase the chance large whales will interact with a weak 
section of rope and can break free without injury, modifying start or 
end dates of seasonal restricted areas, new or expanded seasonal 
restricted areas, restricting fishing rope diameter to no greater than 
0.5 inch (1.27 cm) to distinguish it from offshore Canadian gear, 
submission of information on latent effort, and the use of gear 
identification tape.
    We are also seeking feedback on the inclusion of some measures that 
might modify the regulations implemented under the September 2021 Final 
Rule apply to Northeast lobster and Jonah crab in the Phase 2 
rulemaking, such as conservation equivalencies for weak rope in the 
offshore Lobster Management Area 3 fleet. As of July 2022, no 
operationally feasible large diameter weak rope has been identified. 
Input on an extension of the Massachusetts Seasonal Restricted Area 
into Federal waters (which was implemented through an Emergency Rule in 
2022 (87 FR 11590, March 2, 2022) is also specifically requested.
    Input is also welcome on information about operational challenges, 
time, and costs regarding restricted areas, gear marking requirements, 
installation of weak inserts or rope that breaks at forces of less than 
1,700 lb (771 kg), and the use of one endline in offshore areas, the 
use of grappling, acoustic releases of buoys, timed release of buoys is 
also requested. Given U.S. rulemaking requirements, even dynamic 
management procedures are likely to take weeks to implement, however 
information on whether dynamic management should be considered is also 
requested. Dynamic management could include dynamically opening an area 
if active monitoring does not demonstrate that whales are present or 
the implementation of a dynamic closure if whales are documented. 
Comments could include input on whether acoustic detection can trigger 
or maintain a closure, the number of days fishermen would require to 
remove all of their gear, how many whales would trigger a closure and 
for how long, whether in some areas closures shift rather than remove 
risk. In addition to input on the direct costs of replacing new gear, 
input is requested on indirect cost of gear modification measure 
alternatives, such as potential gear losses and catch reduction related 
to weak rope, use of one endline, and seasonal restricted areas. 
Information on the value and the ecological and economic benefits of 
whale conservation is also requested.
    NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies 
prepare detailed statements assessing the environmental impact of and 
alternatives to major Federal actions significantly affecting the 
environment. NMFS has determined that an EIS should be prepared under 
NEPA for the purpose of informing the next phase of rulemaking to 
modify the Plan. We will prepare an EIS in accordance with NEPA 
requirements, as amended (42 U.S.C. 4321 et seq.); NEPA implementing 
regulations (40 CFR 1500-1508); and other Federal laws, regulations, 
and policies. Reasonable alternatives that are identified during the 
scoping period will be evaluated in the DEIS.

Summary of Expected Impacts

    The DEIS will identify and describe the potential effects of Plan 
modifications on the human environment, including the natural and 
physical environment and the relationship of people with that 
environment, that are reasonably foreseeable and have a reasonably 
close causal relationship to the modifications. This includes such 
effects that occur at the same time and place as the alternatives and 
such effects that are later in time or occur in a different place. The 
alternatives that will be analyzed may include, but are not limited to, 
modifications to configurations of fishing gear, modification to 
fishing seasons and/or areas, and modifications to gear marking 
requirements. Expected potential impacts to commercial fishermen in the 
above-mentioned fisheries may include, but are not limited to, 
additional costs and labor to modify gear configurations and gear 
markings, labor costs associated with increased time required to 
retrieve gear under some gear modifications, reduced profit due to 
reduced catches associated gear modifications or with seasonally 
restricted access to fishing grounds. Expected potential impacts to 
Atlantic large whales include, but are not limited to, reduced 
mortality and serious injury due to a reduction in entanglement in 
fishing gear or reduced severity of any entanglements that do occur. 
Other potential impacts may include, but are not limited to, impacts 
(both beneficial and adverse) to other marine life, cultural resources, 
demographics, employment, and economics. These expected potential 
impacts will be analyzed in the DEIS and FEIS.

Schedule for the Decision-Making Process

    After the DEIS is completed, NMFS will publish a notice of 
availability (NOA) and request public comments on the DEIS. After the 
public comment period ends, NMFS will review, consider, and respond to 
comments received and will develop the FEIS. NMFS expects to make the 
FEIS available to the public. A Record of

[[Page 55409]]

Decision (ROD) will be completed no sooner than 30 days after the final 
EIS is released, in accordance with 40 CFR 1506.11.
    Scoping Process: This Notice of Intent (NOI) commences the public 
scoping process for identifying additional issues and potential 
alternatives to modify the Plan to reduce mortalities and serious 
injuries of large whales in U.S. commercial fisheries to below PBR. 
Throughout the scoping process, Federal agencies, state, tribal, local 
governments, and the general public have the opportunity to help NMFS 
determine reasonable alternatives and potential measures to be analyzed 
in the EIS, as well as to provide additional information.
    Everyone potentially impacted by or interested in changes to the 
Plan, and particularly in changes to management of commercial trap/pot 
and gillnet fisheries along the East Coast, is invited to participate 
in the public scoping process by submitting written input via email or 
by giving oral input at the scoping meeting. This scoping process aims 
to gather input on the gillnet and trap/pot fisheries regarding the 
scope of actions to be proposed for rulemaking, the development of 
alternatives to analyze in the EIS, and the potential impacts of 
management actions.
    Information received through this scoping process will inform the 
development of alternative risk reduction measures for an environmental 
impact analysis on modifications to the Plan. Only inputs and 
suggestions that are within the scope of the proposed actions will be 
considered when developing the alternatives for analysis in the EIS. 
This includes items related to reducing risk of mortality and serious 
injury of large whales due to entanglements in commercial U.S. fishing 
gear and improving gear marking to reduce uncertainty about where 
entanglements occur. The purpose is to develop measures to fulfill the 
requirements of Section 118 of the MMPA, which regulates the taking of 
marine mammals incidental to U.S. commercial fishing operations. NMFS 
implements additional endangered species conservation and recovery 
programs under the ESA and also affords marine mammals protections 
under multiple programs pursuant to the MMPA. Therefore, for the 
purposes of the scoping period for the proposed action discussed in 
this notice, we are not requesting input related to other stressors, 
such as vessel strikes, anthropogenic noise, natural mortality, 
international entanglement risk, offshore wind development, or climate 
change.
    To promote informed decision-making, input should be as specific as 
possible and should provide as much detail as necessary to allow a 
commenter's meaningful participation and fully inform NMFS of the 
commenter's position. Input should explain why the issues raised are 
important to the consideration of potential environmental impacts and 
alternatives to the proposed action, as well as economic and other 
impacts affecting the quality of the human environment.
    It is important that reviewers provide their input at such times 
and in such a manner that they are useful to the agency's preparation 
of the EIS. Comments should be provided prior to the close of the 
scoping period and should clearly articulate the reviewer's concerns 
and contentions. Input received in response to this solicitation, 
including names and addresses of those who comment, will be part of the 
public record for this proposed action discussed in this notice. Input 
submitted anonymously will be accepted and considered.

References

Linden, D.W. and Pace III, R.M. 2021. A multi-state mark-recapture-
recovery model to estimate rates of severe injury and cause-specific 
mortality in North Atlantic right whales. North Atlantic Right Whale 
Consortium Annual Meeting. October 26-27, 2021.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., & Turek, J. 
(2021). U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments 2020 (p. 403). Northeast Fisheries Science Center.
NMFS. 2021. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments 2021 https://media.fisheries.noaa.gov/2022-08/NOAA-TM-AFSC-441.pdf
Pace III, R.M. May 2021. Revisions and Further Evaluations of the 
Right Whale Abundance Model: Improvements for Hypothesis Testing. 
NOAA NEFSC Tech Memo 269.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, H.M. Pettis. 
2021. Cryptic mortality in North Atlantic right whales. Conserv. 
Sci. Pract. 3:e346
Pace, R.M., III, P.J. Corkeron and S.D. Kraus. 2017. State-space 
mark-recapture estimates reveal a recent decline in abundance of 
North Atlantic right whales. Ecol. and Evol. 7:8730-8741.
Pettis, H.M., Pace, R.M. III, Hamilton, P.K. 2022. North Atlantic 
Right Whale Consortium 2021 Annual Report Card. Report to the North 
Atlantic Right Whale Consortium.

    Authority: 42 U.S.C. 4321 et seq.; 31 U.S.C 1361 et seq.

    Dated: September 1, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2022-19335 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P