Scoping for a Marine Mammal Take Reduction Team to Address Incidental Mortality and Serious Injury of Humpback Whale Stocks in the Pacific, 67254-67256 [2023-21333]
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
be provided in the meeting
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may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
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[FR Doc. 2023–21457 Filed 9–28–23; 8:45 am]
National Oceanic and Atmospheric
Administration
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[RTID 0648–XD424]
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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The meeting will be held on
Wednesday, October 18, 2023, from 2
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Authority: 16 U.S.C. 1801 et seq.
DEPARTMENT OF COMMERCE
21:46 Sep 28, 2023
The North Pacific Fishery
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SUMMARY:
Public Comment
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Connection Information
Dated: September 26, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
AGENCY:
ACTION:
Dated: September 26, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–21469 Filed 9–28–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD281]
Scoping for a Marine Mammal Take
Reduction Team to Address Incidental
Mortality and Serious Injury of
Humpback Whale Stocks in the Pacific
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of scoping for a Marine
Mammal Take Reduction Team; request
for comment.
AGENCY:
NMFS is establishing a Take
Reduction Team (TRT or Team) to
address the incidental mortality and
serious injury (M/SI) of humpback
whales that would, at a minimum,
consider Federal sablefish pot fishery
interactions with the Central America/
Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of
humpback whales, and may also be
expanded to consider other fisheries in
the Pacific Ocean. The TRT will develop
a Take Reduction Plan (TRP or Plan) as
required under the Marine Mammal
Protection Act (MMPA). NMFS requests
public comments on information
relevant to establishing the TRT as well
as interest from stakeholders who wish
to be considered for TRT membership.
DATES: Comments must be received by
November 28, 2023.
ADDRESSES: You may submit comments
on this notice, 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–2023–0104 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Assistant Regional
Administrator for Protected Resources,
NMFS West Coast Region, 501 W Ocean
Blvd., Suite 4200, Long Beach, CA.
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 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 sender will
SUMMARY:
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
be publicly accessible. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous). Individuals who
use a telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dan
Lawson, West Coast Region, 206–526–
4740, dan.lawson@noaa.gov; Kristy
Long, Office of Protected Resources,
206–526–4792, kristy.long@noaa.gov.
SUPPLEMENTARY INFORMATION: Section
118 of the MMPA requires commercial
fisheries to reduce incidental M/SI of
marine mammals to insignificant levels
approaching a zero mortality and
serious injury rate (16 U.S.C. 1387).
Section 118(c) of the MMPA requires
NMFS to place all U.S. commercial
fisheries into one of three categories
based on the level of incidental M/SI of
marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The
classification of a fishery on the List of
Fisheries (LOF) determines whether
participants in that fishery may be
required to comply with certain
provisions of the MMPA, including a
take reduction plan. A Category I fishery
has frequent incidental M/SI of marine
mammals, a Category II fishery has
occasional incidental M/SI of marine
mammals, and a Category III fishery has
a remote likelihood of or no known
incidental M/SI of marine mammals.
Section 118(f)(1) of the MMPA
requires NMFS to develop and
implement TRPs designed to assist in
the recovery or prevent the depletion of
each strategic stock that interacts with
Category I and II fisheries (16 U.S.C.
1387(f)(1)). The MMPA defines a
strategic stock as a marine mammal
stock: (1) for which the level of direct
human-caused mortality exceeds the
Potential Biological Removal (PBR)
level; (2) which is declining and is
likely to be listed under the Endangered
Species Act (ESA) in the foreseeable
future; or (3) which is listed as
threatened or endangered under the
ESA or as a depleted species under the
MMPA (16 U.S.C. 1362(19)). PBR is the
maximum number of animals, not
including natural mortalities, that may
be removed from a marine mammal
stock while allowing that stock to reach
or maintain its optimum sustainable
population (16 U.S.C. 1362(20)).
MMPA section 118(f)(6)(C) requires
that members of TRTs have expertise
regarding the conservation or biology of
the marine mammal species that the
TRP will address, or the fishing
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21:46 Sep 28, 2023
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practices that result in the incidental M/
SI of such species. As outlined in the
statute ’’[m]embers shall include
representatives of Federal agencies, each
coastal State which has fisheries which
interact with the species or stock,
appropriate Regional Fishery
Management Councils, interstate
fisheries commissions, academic and
scientific organizations, environmental
groups, all commercial and recreational
fisheries groups and gear types which
incidentally take the species or stock,
Alaska Native organizations or Indian
tribal organizations, and others as the
Secretary deems appropriate’’ ((16
U.S.C. 1387(f)(6)(C)). The MMPA further
specifies that TRTs ‘‘shall, to the
maximum extent practicable, consist of
an equitable balance among
representatives of resource user and
non-user interests’’ (Id.).
As required under section 118 (f)(7)
and section 118(f)(8), of the MMPA, a
TRT shall develop a draft TRP by
consensus, and shall submit this draft
TRP to NMFS not later than 6 or 11
months after the date of the
establishment of the TRT depending on
the level of M/SI compared to a stock’s
PBR. Pursuant to the MMPA, NMFS
convenes TRTs to develop
recommendations that achieve a shortterm goal of reducing incidental M/SI of
marine mammals covered by the Plan to
a rate below each stock’s PBR within 6
months of implementation. The longterm goal of a Plan is to ‘‘reduce, within
5 years of its implementation, the
incidental M/SI of marine mammals
from commercial fishing operations to
insignificant levels, approaching a zero
mortality and serious injury rate, taking
into account the economics of the
fishery, the availability of existing
technology, and existing state or
regional fishery management plans.’’
On July 26, 2023, the United States
District Court for the Northern District
of California adopted a Stipulated
Settlement Agreement (Agreement)
between NMFS and the Center for
Biological Diversity to resolve claims in
the matter of Center of Biological
Diversity v. Raimondo (3:22–cv–00117–
JD). Under the Agreement, NMFS
expressed its intent to issue a scoping
notice by November 1, 2023 seeking
information relevant to establishing a
TRT under Section 118 of the MMPA
that would, at a minimum, consider the
Category II Federal sablefish pot fishery,
and may also be expanded to consider
other fisheries in the Pacific Ocean that
interact with relevant humpback whale
stocks. As part of this agreement, NMFS
committed to issue a notice establishing
a TRT by October 31, 2025, and to
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67255
convene the first TRT meeting by
November 30, 2025.
In the 2022 Pacific and Alaska Stock
Assessment Reports (SARs), stock
structures for humpback whales in the
Pacific Ocean were revised. The three
existing North Pacific humpback whale
stocks (Central North Pacific, Western
North Pacific and CA/OR/WA) were
replaced by five stocks to better align
with the 2016 listing of humpback
whale distinct population segments
under the ESA (81 FR 62260, September
8, 2016). The new humpback whale
stock are: (1) Western North Pacific, (2)
Hawai’i, (3) Mexico-North Pacific, (4)
Central America/Southern Mexico-CA/
OR/WA and (5) Mainland Mexico-CA/
OR/WA (Young et al., 2023, Carretta et
al., 2023). All of these stocks are
considered ‘‘strategic’’ under the
MMPA, with the exception of the
Hawai’i stock, because these stocks
include humpback whales from ESAlisted populations and/or total annual
human-caused M/SI currently exceeds
the stock’s PBR as described in the most
recent SARs.
In the 2022 SAR, NMFS describes the
M/SI associated with U.S. commercial
fisheries that is known or estimated to
occur for each stock. For the Central
America/Southern Mexico-CA/OR/WA
stock, the mean annual M/SI in U.S.
commercial fisheries is 8.1, which is
more than double this stock’s PBR of 3.5
per year. As detailed in the SAR,
numerous State and Federal fisheries
contribute to this total, including the
Federal sablefish pot fishery with an
estimated M/SI of 0.66 from the limited
entry and open-access sablefish pot
sectors combined. In contrast, for the
Mainland Mexico-CA/OR/WA stock,
which overlaps in distribution with the
Central America/Southern Mexico-CA/
OR/WA stock to a large degree off the
U.S. West Coast and exposure to U.S.
commercial fisheries, the mean annual
M/SI across the same subset of U.S.
commercial fisheries is 11.4, which is
about 27 percent of this stock’s PBR of
43 per year. Given that the M/SI of the
Central America/Southern Mexico-CA/
OR/WA humpback whale stock exceeds
the stock’s PBR, and that the Central
America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA
stocks are vulnerable to the same U.S.
commercial fisheries, including the
Federal sablefish pot fishery, these
humpback whale stocks would be
subject to this TRT.
The 2023 LOF was finalized prior to
the release of the final 2022 SAR (88 FR
16899, March 21, 2023). Classification
of U.S. commercial fisheries on the 2023
(current) LOF is based on the level of
incidental M/SI for the previously
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
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designated CA/OR/WA stock of
humpback whales. Currently, there are
eight U.S. commercial fisheries
identified as Category II fisheries due to
incidental M/SI of the CA/OR/WA
stock, with seven of those identified as
pot or trap fisheries, including the
Federal sablefish pot fishery. In the
2024 LOF, NMFS (88 FR 62748;
September 13, 2023) has proposed to
classify U.S. commercial fisheries based
on the revised stock structure for
humpback whales. The 2024 LOF does
not propose to reclassify any additional
U.S. West Coast commercial fisheries as
Category I or II fisheries based on
updated information and the revised
humpback whale stock structure,
although NMFS has proposed to elevate
the California Dungeness crab pot
fishery to Category I due to the M/SI of
the Central America/Southern MexicoCA/OR/WA stock of humpback whales.
The Federal sablefish pot fishery would
continue to be classified as Category II
for both the Central America/Southern
Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks of humpback
whales in the proposed 2024 LOF.
Public Comments Solicited
Prior to convening this TRT by
October 31, 2025, NMFS is seeking
public input on the scope of the TRT as
well as other relevant information that
will support planning for the TRT.
Specifically, NMFS is seeking input on
whether other Category I or II fisheries,
beyond the Federal sablefish pot gear
fishery, that incidentally kill or
seriously injure the Central America/
Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of
humpback whales, should be addressed
by the TRT.
Additional information relevant to
establishing this TRT includes
information about the factors associated
with risks of humpback whale or other
large whale entanglements in U.S.
commercial fisheries in the Pacific
Ocean. This information could include
available scientific or commercial data
about the conduct of these fisheries,
along with biological and ecological
influences, and any other factors that
affect the nature of interactions between
large whales and U.S. commercial
fishing gear.
Finally, NMFS is seeking to identify
interested stakeholders who may wish
to serve as TRT members. A seat on a
Team is provided to ensure the interests
of a constituency, organization, or
expertise—and not a specific
individual—are adequately represented.
The intention is to be inclusive and
ensure all those with a stake are
represented at the table (either directly
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21:46 Sep 28, 2023
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or through others on the Team). The
stakeholders to be represented and
interests to be included on the Team are
determined on a case-by-case basis,
depending on the scope of a given
Team. In addition to the statutory
criteria for Team membership noted
above, NMFS also identifies candidate
individuals who can ably represent the
different interests. NMFS recruits
candidate Team members based on the
following:
• Ability to bring first-hand
knowledge and perspective to bear on
the relevant fisheries and/or marine
mammal species;
• Ability to balance a regional
perspective with localized knowledge;
• Willingness to express fundamental
interests (as opposed to fixed positions)
and to clearly convey the interests of
one or more important stakeholder
groups;
• Ability to work collaboratively,
seeking to integrate the interests of a
broad range of constituencies;
• Ability to access and use an
effective communication network to
reach members of their constituency not
attending Team meetings;
• Availability and willingness to
travel and participate in meetings;
• Proven track record of engaging in
constructive dialogues on controversial
resource management issues;
• Extent to which candidates’
participation on other teams fosters or
hinders deliberations; and,
• Ability to represent multiple
factions of a constituency (e.g., multiple
sectors of a fishery or a wide array of
particular fishery).
NMFS will conduct an independent
process to identify and assess potential
candidates for TRT membership prior to
issuing a notice establishing the TRT.
References
Carretta, J.W., E.M. Oleson, K.A. Forney,
M.M. Muto, D.W. Weller, A.R. Lang, J.
Baker, B. Hanson, A.J. Orr, J. Barlow, J.E.
Moore, and R.L. Brownell. 2023. U.S.
Pacific Marine Mammal Stock
Assessments: 2022. U.S. Department of
Commerce. NOAA Technical
Memorandum NMFS–SWFSC–684. 409
p.
Young, N.C, M.M. Muto, V.T. Helker, B.J.
Delean, N.C. Young, J.C. Freed R.P.
Angliss, N.A. Friday, P.L. Boveng, J.M.
Breiwick, B.M. Brost, M.F. Cameron, P.J.
Clapham, J.L. Crance, S.P. Dahle, M.E.
Dahlheim, B.S. Fadely, M.C. Ferguson,
L.W. Fritz, K.T. Goetz, R.C. Hobbs, Y.V.
Ivashchenko, A.S. Kennedy, J.M.
London, S.A. Mizroch, R.R. Ream, E.L.
Richmond, K.E.W. Shelden, K.L.
Sweeney, R.G. Towell, P.R. Wade, J.M.
Waite, and Alexandre N. Zerbini. 2023.
Alaska Marine Mammal Stock
Assessments 2022. U.S. Department of
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Commerce. NOAA Technical
Memorandum NMFS–AFSC–474. 316 p.
Dated: September 25, 2023.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023–21333 Filed 9–28–23; 8:45 am]
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67254-67256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21333]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD281]
Scoping for a Marine Mammal Take Reduction Team to Address
Incidental Mortality and Serious Injury of Humpback Whale Stocks in the
Pacific
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of scoping for a Marine Mammal Take Reduction Team;
request for comment.
-----------------------------------------------------------------------
SUMMARY: NMFS is establishing a Take Reduction Team (TRT or Team) to
address the incidental mortality and serious injury (M/SI) of humpback
whales that would, at a minimum, consider Federal sablefish pot fishery
interactions with the Central America/Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of humpback whales, and may also be
expanded to consider other fisheries in the Pacific Ocean. The TRT will
develop a Take Reduction Plan (TRP or Plan) as required under the
Marine Mammal Protection Act (MMPA). NMFS requests public comments on
information relevant to establishing the TRT as well as interest from
stakeholders who wish to be considered for TRT membership.
DATES: Comments must be received by November 28, 2023.
ADDRESSES: You may submit comments on this notice, 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-2023-0104 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Assistant Regional Administrator for Protected Resources,
NMFS West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA.
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
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 sender will
[[Page 67255]]
be publicly accessible. NMFS will accept anonymous comments (enter N/A
in the required fields if you wish to remain anonymous). Individuals
who use a telecommunications device for the hearing impaired may call
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m.
and 4 p.m. Eastern time, Monday through Friday, excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Dan Lawson, West Coast Region, 206-
526-4740, [email protected]; Kristy Long, Office of Protected
Resources, 206-526-4792, [email protected].
SUPPLEMENTARY INFORMATION: Section 118 of the MMPA requires commercial
fisheries to reduce incidental M/SI of marine mammals to insignificant
levels approaching a zero mortality and serious injury rate (16 U.S.C.
1387). Section 118(c) of the MMPA requires NMFS to place all U.S.
commercial fisheries into one of three categories based on the level of
incidental M/SI of marine mammals occurring in each fishery (16 U.S.C.
1387(c)(1)). The classification of a fishery on the List of Fisheries
(LOF) determines whether participants in that fishery may be required
to comply with certain provisions of the MMPA, including a take
reduction plan. A Category I fishery has frequent incidental M/SI of
marine mammals, a Category II fishery has occasional incidental M/SI of
marine mammals, and a Category III fishery has a remote likelihood of
or no known incidental M/SI of marine mammals.
Section 118(f)(1) of the MMPA requires NMFS to develop and
implement TRPs designed to assist in the recovery or prevent the
depletion of each strategic stock that interacts with Category I and II
fisheries (16 U.S.C. 1387(f)(1)). The MMPA defines a strategic stock as
a marine mammal stock: (1) for which the level of direct human-caused
mortality exceeds the Potential Biological Removal (PBR) level; (2)
which is declining and is likely to be listed under the Endangered
Species Act (ESA) in the foreseeable future; or (3) which is listed as
threatened or endangered under the ESA or as a depleted species under
the MMPA (16 U.S.C. 1362(19)). PBR is the maximum number of animals,
not including natural mortalities, that may be removed from a marine
mammal stock while allowing that stock to reach or maintain its optimum
sustainable population (16 U.S.C. 1362(20)).
MMPA section 118(f)(6)(C) requires that members of TRTs have
expertise regarding the conservation or biology of the marine mammal
species that the TRP will address, or the fishing practices that result
in the incidental M/SI of such species. As outlined in the statute
''[m]embers shall include representatives of Federal agencies, each
coastal State which has fisheries which interact with the species or
stock, appropriate Regional Fishery Management Councils, interstate
fisheries commissions, academic and scientific organizations,
environmental groups, all commercial and recreational fisheries groups
and gear types which incidentally take the species or stock, Alaska
Native organizations or Indian tribal organizations, and others as the
Secretary deems appropriate'' ((16 U.S.C. 1387(f)(6)(C)). The MMPA
further specifies that TRTs ``shall, to the maximum extent practicable,
consist of an equitable balance among representatives of resource user
and non-user interests'' (Id.).
As required under section 118 (f)(7) and section 118(f)(8), of the
MMPA, a TRT shall develop a draft TRP by consensus, and shall submit
this draft TRP to NMFS not later than 6 or 11 months after the date of
the establishment of the TRT depending on the level of M/SI compared to
a stock's PBR. Pursuant to the MMPA, NMFS convenes TRTs to develop
recommendations that achieve a short-term goal of reducing incidental
M/SI of marine mammals covered by the Plan to a rate below each stock's
PBR within 6 months of implementation. The long-term goal of a Plan is
to ``reduce, within 5 years of its implementation, the incidental M/SI
of marine mammals from commercial fishing operations to insignificant
levels, approaching a zero mortality and serious injury rate, taking
into account the economics of the fishery, the availability of existing
technology, and existing state or regional fishery management plans.''
On July 26, 2023, the United States District Court for the Northern
District of California adopted a Stipulated Settlement Agreement
(Agreement) between NMFS and the Center for Biological Diversity to
resolve claims in the matter of Center of Biological Diversity v.
Raimondo (3:22-cv-00117-JD). Under the Agreement, NMFS expressed its
intent to issue a scoping notice by November 1, 2023 seeking
information relevant to establishing a TRT under Section 118 of the
MMPA that would, at a minimum, consider the Category II Federal
sablefish pot fishery, and may also be expanded to consider other
fisheries in the Pacific Ocean that interact with relevant humpback
whale stocks. As part of this agreement, NMFS committed to issue a
notice establishing a TRT by October 31, 2025, and to convene the first
TRT meeting by November 30, 2025.
In the 2022 Pacific and Alaska Stock Assessment Reports (SARs),
stock structures for humpback whales in the Pacific Ocean were revised.
The three existing North Pacific humpback whale stocks (Central North
Pacific, Western North Pacific and CA/OR/WA) were replaced by five
stocks to better align with the 2016 listing of humpback whale distinct
population segments under the ESA (81 FR 62260, September 8, 2016). The
new humpback whale stock are: (1) Western North Pacific, (2) Hawai'i,
(3) Mexico-North Pacific, (4) Central America/Southern Mexico-CA/OR/WA
and (5) Mainland Mexico-CA/OR/WA (Young et al., 2023, Carretta et al.,
2023). All of these stocks are considered ``strategic'' under the MMPA,
with the exception of the Hawai'i stock, because these stocks include
humpback whales from ESA-listed populations and/or total annual human-
caused M/SI currently exceeds the stock's PBR as described in the most
recent SARs.
In the 2022 SAR, NMFS describes the M/SI associated with U.S.
commercial fisheries that is known or estimated to occur for each
stock. For the Central America/Southern Mexico-CA/OR/WA stock, the mean
annual M/SI in U.S. commercial fisheries is 8.1, which is more than
double this stock's PBR of 3.5 per year. As detailed in the SAR,
numerous State and Federal fisheries contribute to this total,
including the Federal sablefish pot fishery with an estimated M/SI of
0.66 from the limited entry and open-access sablefish pot sectors
combined. In contrast, for the Mainland Mexico-CA/OR/WA stock, which
overlaps in distribution with the Central America/Southern Mexico-CA/
OR/WA stock to a large degree off the U.S. West Coast and exposure to
U.S. commercial fisheries, the mean annual M/SI across the same subset
of U.S. commercial fisheries is 11.4, which is about 27 percent of this
stock's PBR of 43 per year. Given that the M/SI of the Central America/
Southern Mexico-CA/OR/WA humpback whale stock exceeds the stock's PBR,
and that the Central America/Southern Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks are vulnerable to the same U.S. commercial
fisheries, including the Federal sablefish pot fishery, these humpback
whale stocks would be subject to this TRT.
The 2023 LOF was finalized prior to the release of the final 2022
SAR (88 FR 16899, March 21, 2023). Classification of U.S. commercial
fisheries on the 2023 (current) LOF is based on the level of incidental
M/SI for the previously
[[Page 67256]]
designated CA/OR/WA stock of humpback whales. Currently, there are
eight U.S. commercial fisheries identified as Category II fisheries due
to incidental M/SI of the CA/OR/WA stock, with seven of those
identified as pot or trap fisheries, including the Federal sablefish
pot fishery. In the 2024 LOF, NMFS (88 FR 62748; September 13, 2023)
has proposed to classify U.S. commercial fisheries based on the revised
stock structure for humpback whales. The 2024 LOF does not propose to
reclassify any additional U.S. West Coast commercial fisheries as
Category I or II fisheries based on updated information and the revised
humpback whale stock structure, although NMFS has proposed to elevate
the California Dungeness crab pot fishery to Category I due to the M/SI
of the Central America/Southern Mexico-CA/OR/WA stock of humpback
whales. The Federal sablefish pot fishery would continue to be
classified as Category II for both the Central America/Southern Mexico-
CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whales in the
proposed 2024 LOF.
Public Comments Solicited
Prior to convening this TRT by October 31, 2025, NMFS is seeking
public input on the scope of the TRT as well as other relevant
information that will support planning for the TRT. Specifically, NMFS
is seeking input on whether other Category I or II fisheries, beyond
the Federal sablefish pot gear fishery, that incidentally kill or
seriously injure the Central America/Southern Mexico-CA/OR/WA and
Mainland Mexico-CA/OR/WA stocks of humpback whales, should be addressed
by the TRT.
Additional information relevant to establishing this TRT includes
information about the factors associated with risks of humpback whale
or other large whale entanglements in U.S. commercial fisheries in the
Pacific Ocean. This information could include available scientific or
commercial data about the conduct of these fisheries, along with
biological and ecological influences, and any other factors that affect
the nature of interactions between large whales and U.S. commercial
fishing gear.
Finally, NMFS is seeking to identify interested stakeholders who
may wish to serve as TRT members. A seat on a Team is provided to
ensure the interests of a constituency, organization, or expertise--and
not a specific individual--are adequately represented. The intention is
to be inclusive and ensure all those with a stake are represented at
the table (either directly or through others on the Team). The
stakeholders to be represented and interests to be included on the Team
are determined on a case-by-case basis, depending on the scope of a
given Team. In addition to the statutory criteria for Team membership
noted above, NMFS also identifies candidate individuals who can ably
represent the different interests. NMFS recruits candidate Team members
based on the following:
Ability to bring first-hand knowledge and perspective to
bear on the relevant fisheries and/or marine mammal species;
Ability to balance a regional perspective with localized
knowledge;
Willingness to express fundamental interests (as opposed
to fixed positions) and to clearly convey the interests of one or more
important stakeholder groups;
Ability to work collaboratively, seeking to integrate the
interests of a broad range of constituencies;
Ability to access and use an effective communication
network to reach members of their constituency not attending Team
meetings;
Availability and willingness to travel and participate in
meetings;
Proven track record of engaging in constructive dialogues
on controversial resource management issues;
Extent to which candidates' participation on other teams
fosters or hinders deliberations; and,
Ability to represent multiple factions of a constituency
(e.g., multiple sectors of a fishery or a wide array of particular
fishery).
NMFS will conduct an independent process to identify and assess
potential candidates for TRT membership prior to issuing a notice
establishing the TRT.
References
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments:
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
Young, N.C, M.M. Muto, V.T. Helker, B.J. Delean, N.C. Young, J.C.
Freed R.P. Angliss, N.A. Friday, P.L. Boveng, J.M. Breiwick, B.M.
Brost, M.F. Cameron, P.J. Clapham, J.L. Crance, S.P. Dahle, M.E.
Dahlheim, B.S. Fadely, M.C. Ferguson, L.W. Fritz, K.T. Goetz, R.C.
Hobbs, Y.V. Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch,
R.R. Ream, E.L. Richmond, K.E.W. Shelden, K.L. Sweeney, R.G. Towell,
P.R. Wade, J.M. Waite, and Alexandre N. Zerbini. 2023. Alaska Marine
Mammal Stock Assessments 2022. U.S. Department of Commerce. NOAA
Technical Memorandum NMFS-AFSC-474. 316 p.
Dated: September 25, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-21333 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-22-P
