Draft 2023 Marine Mammal Stock Assessment Reports, 5495-5499 [2024-01653]
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Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices
Tuesday, February 13, 2024; 9 a.m.–4
p.m., EST
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Program-Fishing Effort Survey (MRIP–
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—Meeting Adjourns
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Authority: 16 U.S.C. 1801 et seq.
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Dated: January 24, 2024.
Diane M. DeJames-Daly,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–01675 Filed 1–26–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD505]
Draft 2023 Marine Mammal Stock
Assessment Reports
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments
and new information.
AGENCY:
NMFS reviewed the Alaska,
Atlantic, and Pacific regional marine
mammal stock assessment reports (SAR)
in accordance with the Marine Mammal
Protection Act (MMPA). SARs for
marine mammals in the Alaska,
Atlantic, and Pacific regions were
revised according to new information.
NMFS solicits public comments on the
draft 2023 SARs. NMFS is also
requesting new information for strategic
stocks that were not updated in 2023.
DATES: Comments must be received by
April 29, 2024.
ADDRESSES: The 2023 draft SARs are
available in electronic form via the
internet at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/draftmarine-mammal-stock-assessmentreports.
Hard copies of the Alaska Regional
SARs may be requested from Nancy
Young, Alaska Fisheries Science Center;
copies of the Atlantic, Gulf of Mexico,
and Caribbean Regional SARs may be
requested from Elizabeth Josephson,
Northeast Fisheries Science Center; and
copies of the Pacific Regional SARs may
be requested from Jim Carretta,
Southwest Fisheries Science Center (see
SUMMARY:
FOR FURTHER INFORMATION CONTACT
below).
You may submit comments or new
information, identified by NOAA–
NMFS–2024–0019, via electronic
submission through the Federal eRulemaking Portal:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and type
NOAA–NMFS–2024–0019 in the Search
box (note: copying and pasting the
FDMS Docket Number directly from this
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5495
document may not yield search results).
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the end of
the comment period. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Zachary Schakner, Office of Science and
Technology, 301–427–8106,
Zachary.Schakner@noaa.gov; Nancy
Young, 206–526–4297, Nancy.Young@
noaa.gov, regarding Alaska regional
stock assessments; Elizabeth Josephson,
508–495–2362, Elizabeth.Josephson@
noaa.gov, regarding Atlantic, Gulf of
Mexico, and Caribbean regional stock
assessments; or Jim Carretta, 858–546–
7171, Jim.Carretta@noaa.gov, regarding
Pacific regional stock assessments.
SUPPLEMENTARY INFORMATION:
Background
Section 117 of the MMPA (16 U.S.C.
1361 et seq.) requires NMFS and the
U.S. Fish and Wildlife Service (USFWS)
to prepare stock assessments for each
stock of marine mammals occurring in
waters under the jurisdiction of the
United States, including the U.S.
Exclusive Economic Zone (EEZ). These
SARs 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 (M/SI) from all sources,
descriptions of the fisheries with which
the stock interacts, and the status of the
stock. Initial SARs were completed in
1995.
The MMPA requires NMFS and
USFWS to review the SARs at least
annually for strategic stocks and stocks
for which significant new information is
available, and at least once every three
years for non-strategic stocks. The term
‘‘strategic stock’’ means a marine
mammal stock: (A) for which the level
of direct human-caused mortality
exceeds the potential biological removal
level or PBR (defined by the MMPA as
the maximum number of animals, not
including natural mortalities, that may
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Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices
be removed from a marine mammal
stock while allowing that stock to reach
or maintain its optimum sustainable
population); (B) which, based on the
best available scientific information, is
declining and is likely to be listed as a
threatened species under the
Endangered Species Act (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. NMFS and USFWS are required
to revise a SAR if the review indicates
that the status of the stock has changed
or can be more accurately determined.
In order to ensure that marine
mammal SARs constitute the best
scientific information available, the
updated SARs under NMFS’ jurisdiction
are peer-reviewed within NMFS Science
Centers and by members of three
regional independent scientific review
groups established under the MMPA to
independently advise NMFS and the
USFWS. As a result of the time involved
in the assessment of new scientific
information, revision, and peer-review
of the SARs, the period covered by the
2023 draft SARs is 2017 through 2021.
NMFS reviewed the status of all
marine mammal strategic stocks and
considered whether significant new
information was available for all other
stocks under NMFS’ jurisdiction. As a
result of this review, NMFS revised or
developed new reports for 66 stocks in
the Alaska, Atlantic, and Pacific regions
to incorporate new information. The
2023 revisions to the SARs consist
primarily of updated or revised humancaused mortality and serious injury (M/
SI) estimates and updated abundance
estimates, the proposed designation of
two new stocks: Sato’s beaked whale
and the Central Oregon harbor porpoise,
and proposed Pacific Islands stock name
changes.
NMFS solicits public comments on
the draft 2023 SARs. To ensure NMFS
is aware of new information relevant to
all strategic stocks, NMFS also requests
new information for strategic stocks that
were not updated in 2023. Specifically,
new relevant information could include
peer-reviewed information on humancaused M/SI, fishery interactions,
abundance, distribution, population
structure, and other information on
emerging concerns for strategic stocks
that could be incorporated into the
SARs.
Alaska Reports
NMFS reviewed new information for
24 existing stocks (including all of the
strategic stocks) in the Alaska Region for
the 2023 SAR cycle and updated
information or developed new reports
for five stocks contained in five SARs
under NMFS’ jurisdiction: three
strategic stocks (Western stock of Steller
sea lions, Eastern North Pacific stock of
North Pacific right whales, and Western
Arctic stock of bowhead whales) and
two non-strategic stocks (Eastern stock
of Steller sea lions and Sato’s beaked
whales stock). Information on the
remaining Alaska region stocks can be
found in the final 2022 SARs (Young et
al. 2023).
A list of the new or revised SARs in
2023 for the Alaska region is presented
in table 1, followed by a non-exhaustive
summary of the more notable issues or
revisions for particular stocks within the
Alaska region.
TABLE 1—LIST OF MARINE MAMMAL STOCKS IN THE ALASKA REGION REVISED IN 2023
Strategic stocks
Non-strategic stocks
• Steller sea lion, Western * .....................................................................
• North Pacific right whale, Eastern North Pacific ..................................
• Bowhead whale, Western Arctic.*
• Sato’s beaked whale.**
• Steller sea lion, Eastern.*
* Includes updated abundance estimates.
** Denotes a new stock.
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Sato’s Beaked Whale
A new SAR is proposed for a newly
described species, Sato’s beaked whale
(Yamada et al. 2019), which inhabits the
western and central North Pacific. The
Sato’s beaked whale was identified as a
new species in the northern Pacific
Ocean based on morphometric and
genetics data of a previously
undescribed species (Brownell and
Kasuya 2021, Fedutin et al. 2020,
Yamada et al. 2019). Current
information about its distribution
indicates that it occurs from Japanese
waters across the northern Pacific to at
least the Alaskan Peninsula. The newly
identified species did not yet have a
stock designation. NMFS followed the
process outlined in its procedural
directive 02–204–03: Reviewing and
Designating Stocks and Issuing Stock
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Assessment Reports under the Marine
Mammal Protection Act (NMFS 2019)
and determined that it is unknown
whether the species contains multiple
demographically independent
populations. Therefore, NMFS proposes
designating Sato’s beaked whale species
as a single stock. Estimates of
abundance are not available for this
stock, and no human-caused MS/I of
Sato’s beaked whales was reported
between 2017 and 2021. This stock is
not strategic.
Atlantic Reports
In 2023, NMFS reviewed all stocks in
the Atlantic region under NMFS’
jurisdiction (including the Atlantic
Ocean, Gulf of Mexico, and U.S.
territories in the Caribbean) for new
information. Thirty-one stocks from the
Western North Atlantic were revised
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(table 2), primarily with updated
abundance estimates based on the 2021
Atlantic Marine Assessment Program for
Protected Species large vessel surveys,
and some were also updated with recent
bycatch estimates. One stock changed in
status to ‘‘strategic,’’ the Western North
Atlantic (WNA) short-finned pilot
whale. This particular stock has
oscillated between strategic and nonstrategic over the years, depending on
the latest abundance and bycatch
estimates.
A list of the new or revised SARs in
2023 for the Atlantic region is presented
in table 2, followed by a non-exhaustive
summary of the more notable issues or
revisions in the Atlantic region.
Information on the remaining Atlantic
region stocks can be found in the final
2022 SARs (Hayes et al. 2023).
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5497
TABLE 2—LIST OF MARINE MAMMAL SARS IN THE ATLANTIC REGION REVISED IN 2023
Strategic stocks
Non-strategic stocks
• North Atlantic right whale *
• Gulf of Mexico common bottlenose dolphin, Barataria Bay Estuarine
System.
• Short-finned pilot whale, Western North Atlantic * ................................
• Fin whale, Western North Atlantic ........................................................
• Sei whale, Nova Scotia .........................................................................
• Sperm whale, North Atlantic * ...............................................................
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Atlantic spotted dolphin, Western North Atlantic.*
Clymene dolphin, Western North Atlantic.*
Common bottlenose dolphin, Western North Atlantic Offshore.*
Dwarf sperm whale, Western North Atlantic.*
False killer whale, Western North Atlantic.*
Fraser’s dolphin, Western North Atlantic.
Melon-headed whale, Western North Atlantic.
Pantropical spotted dolphin, Western North Atlantic.*
Pygmy killer whale, Western North Atlantic.
Pygmy sperm whale, Western North Atlantic.*
Rough-toothed dolphin, Western North Atlantic.
Spinner dolphin, Western North Atlantic.*
Harbor porpoise, Gulf of Maine/Bay of Fundy.*
Common minke whale, Canadian East Coast.
Cuvier’s beaked whale, Western North Atlantic.*
Blainville’s beaked whale, Western North Atlantic.*
Gervais’ beaked whale, Western North Atlantic.*
Sowerby’s beaked whale, Western North Atlantic.*
True’s beaked whale, Western North Atlantic.*
Risso’s dolphin, Western North Atlantic.*
Long-finned pilot whale, Western North Atlantic.
Atlantic white-sided dolphin, Western North Atlantic.
Common dolphin, Western North Atlantic.*
Striped dolphin, Western North Atlantic.*
Gray seal, Western North Atlantic.*
* Includes updated abundance estimates.
North Atlantic Right Whale, Western
North Atlantic
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The new abundance estimate
calculated for the western North
Atlantic right whale stock is 340 (95%
CI: 333–348) individuals as of December
2021. This updated estimate is based on
a published state-space model of the
sighting histories of individual whales
identified using photo-identification
techniques (Pace et al. 2017, Pace 2021).
A more recent estimate is available in
Linden (2023), though this is not
included in the draft 2023 SAR being
released for public comment as it was
not available at the time of drafting and
for review by the Atlantic Scientific
Review Group. The species’ recovery
continues to be inhibited by a low
reproductive rate and the impacts of the
ongoing Unusual Mortality Event
declared in 2017 (NMFS 2023), which,
for the covered time period (2017–
2021), includes 98 dead, seriously
injured, or sublethally injured or ill
whales (i.e., morbidity cases, which are
now included in the SAR), primarily
due to vessel strikes and entanglements
in fishing gear.
Humpback Whale, Gulf of Maine
In 2023, NMFS is not revising SAR for
the Gulf of Maine stock of humpback
whales. Since the last revision of this
SAR in 2019, NMFS has been reviewing
and considering the implications of
recent information on stock structure of
humpback whales in the North Atlantic.
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This includes the 2016 global Status
Review of humpback whales that led to
the revised ESA listing of the species,
based on identification of distinct
population segments (DPS) (Bettridge et
al. 2015, NOAA 2016a), as well as
ongoing work by the International
Whaling Commission, Scientific
Committee, and Sub-committee on
Northern Hemisphere whale stocks.
Given this recent and forthcoming
information, NMFS is evaluating the
stock structure of North Atlantic
humpback whales under the MMPA
following the process laid out in its
procedural directive 02–204–03:
Reviewing and Designating Stocks and
Issuing Stock Assessment Reports under
the Marine Mammal Protection Act
(NMFS 2019). A draft, updated SAR will
be published once NMFS completes this
process.
Gulf of Mexico Common Bottlenose
Dolphin, Barataria Bay Estuarine
System Stock
In 2023, NMFS revised the SAR for
the Barataria Bay Estuarine System
(BBES) stock of common bottlenose
dolphins as recommended by the
Atlantic Scientific Review Group to
incorporate recent publications
regarding health assessment data and
projected outcomes for the proposed
mid-Barataria sediment diversion
(MBSD) project. Recent health
assessment data indicate disease
conditions have persisted and worsened
in Barataria Bay dolphins presumably
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exposed to oil from the Deepwater
Horizon (DWH) oil spill (DeGuise et al.
2021; Smith et al. 2022; Schwacke et al.
2022), and it is suggested this
population is at a minimum point in its
recovery trajectory (Schwacke et al.
2022). In addition, results of modeling
work by Thomas et al. (2022) predict
there will be greater declines in
population size resulting from the
MBSD than those caused by the DWH
oil spill, which could potentially result
in a decline and functional extinction of
the BBES stock of common bottlenose
dolphins.1
Pacific Reports
In 2023, NMFS reviewed all 85 stocks
in the Pacific region (waters along the
U.S. West Coast, within waters
surrounding the main and Northwestern
Hawaiian Islands, and within waters
surrounding U.S. territories in the
Western Pacific) for new information
and revised SARs for thirty stocks (8
1 On February 9, 2018, Congress passed the
Bipartisan Budget Act of 2018 (Budget Act), Public
Law 115–123, which included a requirement that
the Secretary of Commerce, as delegated to the
Assistant Administrator of the National Marine
Fisheries Service, issue a waiver of the Marine
Mammal Protection Act moratorium and
prohibitions for three projects included in the 2017
Louisiana Comprehensive Master Plan for a
Sustainable Coast. The Mid-Barataria Sediment
Diversion was identified as one of those projects.
As required, NOAA Fisheries issued the waiver on
March 15, 2018. More information on the waiver
can be found at https://www.fisheries.noaa.gov/
action/marine-mammal-protection-act-waiverselect-louisiana-coastal-master-plan-projects.
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Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Notices
strategic and 22 non-strategic). A list of
revised SARs in 2023 for the Pacific
region is presented in table 3, followed
by a non-exhaustive summary of the
more notable issues or revisions in the
Pacific region. Information on the
remaining Pacific region stocks can be
found in the final 2022 SARs (Carretta
et al. 2023). Following the development
of the draft 2023 SARs, NMFS
published new population information
for the Eastern North Pacific (ENP) gray
whale. We plan to revise the ENP gray
whale SAR in the 2024 cycle to
incorporate the updated information.
TABLE 3—LIST OF MARINE MAMMAL SARS IN THE PACIFIC REGION REVISED IN 2023
Strategic stocks
•
•
•
•
•
•
•
•
Non-strategic stocks
Monk seal, Hawai1i * ............................................................................
Killer whale, Eastern North Pacific Southern Resident * ....................
Sperm whale, CA/OR/WA * .................................................................
Blue whale, Eastern North Pacific ......................................................
Fin whale, CA/OR/WA ........................................................................
Sei whale, Eastern North Pacific * ......................................................
False killer whale, Hawai1i Pelagic * ...................................................
False killer whale, Main Hawaiian * Islands Insular ............................
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Harbor seal, Washington Northern Inland Waters.*
Harbor seal, Southern Puget Sound.*
Harbor seal, Hood Canal.*
Harbor porpoise, Northern CA/Southern OR.*
Harbor porpoise, Central Oregon.**
Harbor porpoise, Northern OR/Washington Coast.*
Minke whale, CA/OR/WA.
Rough-toothed dolphin, Hawai1i.*
Risso’s dolphin, Hawai1i.*
Common bottlenose dolphin, Hawai1i Pelagic.*
Common bottlenose dolphin, Kaua1i and Ni1ihau.*
Common bottlenose dolphin, O’ahu.*
Common bottlenose dolphin, Maui Nui.*
Common bottlenose dolphin, Hawai1i Island.*
Pantropical spotted dolphin, Hawai1i Pelagic.*
Pantropical spotted dolphin, O’ahu.
Pantropical Spotted dolphin, Maui Nui.
Pantropical spotted dolphin, Hawai1i Island.
Striped dolphin, Hawai1i Pelagic.*
False killer whale, Northwest Hawaiian Islands.
Short-finned pilot whale, Hawai1i.*
Bryde’s whale, Hawai1i.*
* Includes updated abundance estimates.
** Denotes a new stock.
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West Coast Harbor Porpoise Stocks
The Northern California-Southern
Oregon harbor porpoise stock is
proposed to be split into two stocks: the
Northern California-Southern Oregon
and Central Oregon harbor porpoise
stocks. In proposing this revised stock
structure, NMFS followed the process
outlined in its procedural directive 02–
204–03: Reviewing and Designating
Stocks and Issuing Stock Assessment
Reports under the Marine Mammal
Protection Act (NMFS 2019). Genetic
evidence (Morin et al. 2021) supported
delineation of two demographically
independent populations (DIPs) within
waters of Northern California and
Southern Oregon. NMFS evaluated the
conservation and management benefits
and risks associated with managing the
harbor porpoise in this region as two
stocks, and determined there was
greater potential conservation benefit
under the MMPA if managed as two
stocks rather than a single stock. Thus,
the Northern California-Southern
Oregon harbor porpoise stock is
proposed to be split into two stocks
corresponding with the DIPs identified
in Morin et al. (2021). The draft SARs
present abundance estimates for the
proposed Northern California-Southern
Oregon and Central Oregon harbor
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porpoise stocks, derived from aerial
surveys.
Pacific Islands Stock Name Changes
As an ongoing effort to reflect
indigenous knowledge, NMFS is
proposing to rename Pacific Island
marine mammal stocks to align with the
original Hawaiian names of various
islands and places where the stocks
reside. For the 2023 SAR cycle, NMFS
proposes to change the names of stocks
with ‘4-Islands’ in the name to ‘Maui
Nui.’ Maui Nui includes the islands of
Moloka1i, La¯na1i, Maui, and Kaho’olawe.
In the future, NMFS plans to propose
additional changes to include
transitioning from the English name for
some of the islands and atolls in the
northwestern Hawaiian Islands to the
original Hawaiian name.
Erratum: Response to Public Comment
for 2022 SARs
We note that due to a technical error
in processing, we did not include in the
list of significant comments on the draft
2022 SARs a joint comment submitted
by Natural Resources Defense Council,
Endangered Habitats League, Turtle
Island Restoration Network, American
Cetacean Society-Oregon Chapter, Cape
Perpetua Collaborative, Center for
Biological Diversity, Ocean Defenders
Alliance, Defenders of Wildlife, Whale
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and Dolphin Conservation, and Oceana.
However, the comment was addressed
in a response published elsewhere in
the 2022 Final Stock Assessment
Reports Federal Register notice
(comment 17—https://
www.federalregister.gov/documents/
2023/08/11/2023-17219/final-2022marine-mammal-stock-assessmentreports).
References
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Pace, R.M. 2021. Revisions and further
evaluations of the right whale abundance
model: improvements for hypothesis
testing. U.S. Department of Commerce,
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Pace, R.M., III, P.J. Corkeron and S.D. Kraus.
2017. State-space mark-recapture
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abundance of North Atlantic right
whales. Ecol. and Evol. 7:8730–8741.
DOI: 10.1002/ece3.3406.
Schwacke, L.H., T.A. Marques, L. Thomas,
C.G. Booth, B.C. Balmer, A. Barratclough,
K. Colegrove, S. De Guise, L.P. Garrison,
F.M. Gomez, J.S. Morey, K.D. Mullin,
B.M. Quigley, P.E. Rosel, T.K. Rowles, R.
Takeshita, F.I. Townsend, T.R.
Speakman, R.S. Wells, E.S. Zolman, and
C.R. Smith. 2022. Modeling population
effects of the Deepwater Horizon oil spill
on a long-lived species. Conserv. Biol.
36(4):e13878. 13 pp.
Smith, C.R., T.K. Rowles, F.M. Gomez, M.
Ivancˇic´, K.M. Colegrove, R. Takeshita,
F.I. Townsend, E.S. Zolman, J.S. Morey,
V. Cendejas, J.M. Meegan, W. Musser,
T.R. Speakman, A. Barratclough, R.S.
Wells and L.H. Schwacke. 2022. Poor
pulmonary health in Barataria Bay
dolphins in the eight years following the
Deepwater Horizon oil spill. Front. Mar.
Sci. 9:975006.
Thomas, L., T.A. Marques, C. Booth, R.
Takeshita, and L.H. Schwacke. 2022.
Model predicts catastrophic decline of
common bottlenose dolphin (Tursiops
truncatus) population under proposed
land restoration project in Barataria Bay,
Louisiana, USA. Mar. Mamm. Sci.
38(4):1654–1664.
Yamada T. K., S. Kitamura, S. Abe, Y. Tajima
A. Matsuda, J.G. Mead, and T.F.
Matsuishi. 2019. Description of a new
VerDate Sep<11>2014
18:33 Jan 26, 2024
Jkt 262001
species of beaked whale (Berardius)
found in the North Pacific. Sci. Rep. 9:1–
14. https://doi.org/10.1038/s41598-01946703-w.
Young, N.C., Brower, A.A., Muto, M.M.,
Freed, J.C., Angliss, R.P., Friday, N.A.,
Boveng, P.L., Brost, B.M., Cameron, M.F.,
Crance, J.L., Dahle, S.P., Fadely, B.S.,
Ferguson, M.C., Goetz, K.T., London,
J.M., Oleson, E.M., Ream, R.R.,
Richmond, E.L., Shelden, K.E.W.,
Sweeney, K.L., Towell, R.G., Wade, P.R.,
Waite, J.M., and Zerbini, A.N. 2023.
Alaska marine mammal stock
assessments, 2022. U.S. Department of
Commerce, NOAA Technical
Memorandum NMFS–AFSC–474, 316 p.
Dated: January 22, 2024.
Evan Howell,
Director, Office of Science and Technology,
National Marine Fisheries Service.
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[Notices]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD505]
Draft 2023 Marine Mammal Stock Assessment Reports
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments and new information.
-----------------------------------------------------------------------
SUMMARY: NMFS reviewed the Alaska, Atlantic, and Pacific regional
marine mammal stock assessment reports (SAR) in accordance with the
Marine Mammal Protection Act (MMPA). SARs for marine mammals in the
Alaska, Atlantic, and Pacific regions were revised according to new
information. NMFS solicits public comments on the draft 2023 SARs. NMFS
is also requesting new information for strategic stocks that were not
updated in 2023.
DATES: Comments must be received by April 29, 2024.
ADDRESSES: The 2023 draft SARs are available in electronic form via the
internet at https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports.
Hard copies of the Alaska Regional SARs may be requested from Nancy
Young, Alaska Fisheries Science Center; copies of the Atlantic, Gulf of
Mexico, and Caribbean Regional SARs may be requested from Elizabeth
Josephson, Northeast Fisheries Science Center; and copies of the
Pacific Regional SARs may be requested from Jim Carretta, Southwest
Fisheries Science Center (see FOR FURTHER INFORMATION CONTACT below).
You may submit comments or new information, identified by NOAA-
NMFS-2024-0019, via electronic submission through the Federal e-
Rulemaking Portal:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
type NOAA-NMFS-2024-0019 in the Search box (note: copying and pasting
the FDMS Docket Number directly from this document may not yield search
results). Click on the ``Comment'' icon, complete the required fields,
and enter or attach your comments.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the end of the comment period. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Zachary Schakner, Office of Science
and Technology, 301-427-8106, [email protected]; Nancy Young,
206-526-4297, [email protected], regarding Alaska regional stock
assessments; Elizabeth Josephson, 508-495-2362,
[email protected], regarding Atlantic, Gulf of Mexico, and
Caribbean regional stock assessments; or Jim Carretta, 858-546-7171,
[email protected], regarding Pacific regional stock assessments.
SUPPLEMENTARY INFORMATION:
Background
Section 117 of the MMPA (16 U.S.C. 1361 et seq.) requires NMFS and
the U.S. Fish and Wildlife Service (USFWS) to prepare stock assessments
for each stock of marine mammals occurring in waters under the
jurisdiction of the United States, including the U.S. Exclusive
Economic Zone (EEZ). These SARs 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
(M/SI) from all sources, descriptions of the fisheries with which the
stock interacts, and the status of the stock. Initial SARs were
completed in 1995.
The MMPA requires NMFS and USFWS to review the SARs at least
annually for strategic stocks and stocks for which significant new
information is available, and at least once every three years for non-
strategic stocks. The term ``strategic stock'' means a marine mammal
stock: (A) for which the level of direct human-caused mortality exceeds
the potential biological removal level or PBR (defined by the MMPA as
the maximum number of animals, not including natural mortalities, that
may
[[Page 5496]]
be removed from a marine mammal stock while allowing that stock to
reach or maintain its optimum sustainable population); (B) which, based
on the best available scientific information, is declining and is
likely to be listed as a threatened species under the Endangered
Species Act (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. NMFS and USFWS are required to
revise a SAR if the review indicates that the status of the stock has
changed or can be more accurately determined.
In order to ensure that marine mammal SARs constitute the best
scientific information available, the updated SARs under NMFS'
jurisdiction are peer-reviewed within NMFS Science Centers and by
members of three regional independent scientific review groups
established under the MMPA to independently advise NMFS and the USFWS.
As a result of the time involved in the assessment of new scientific
information, revision, and peer-review of the SARs, the period covered
by the 2023 draft SARs is 2017 through 2021.
NMFS reviewed the status of all marine mammal strategic stocks and
considered whether significant new information was available for all
other stocks under NMFS' jurisdiction. As a result of this review, NMFS
revised or developed new reports for 66 stocks in the Alaska, Atlantic,
and Pacific regions to incorporate new information. The 2023 revisions
to the SARs consist primarily of updated or revised human-caused
mortality and serious injury (M/SI) estimates and updated abundance
estimates, the proposed designation of two new stocks: Sato's beaked
whale and the Central Oregon harbor porpoise, and proposed Pacific
Islands stock name changes.
NMFS solicits public comments on the draft 2023 SARs. To ensure
NMFS is aware of new information relevant to all strategic stocks, NMFS
also requests new information for strategic stocks that were not
updated in 2023. Specifically, new relevant information could include
peer-reviewed information on human-caused M/SI, fishery interactions,
abundance, distribution, population structure, and other information on
emerging concerns for strategic stocks that could be incorporated into
the SARs.
Alaska Reports
NMFS reviewed new information for 24 existing stocks (including all
of the strategic stocks) in the Alaska Region for the 2023 SAR cycle
and updated information or developed new reports for five stocks
contained in five SARs under NMFS' jurisdiction: three strategic stocks
(Western stock of Steller sea lions, Eastern North Pacific stock of
North Pacific right whales, and Western Arctic stock of bowhead whales)
and two non-strategic stocks (Eastern stock of Steller sea lions and
Sato's beaked whales stock). Information on the remaining Alaska region
stocks can be found in the final 2022 SARs (Young et al. 2023).
A list of the new or revised SARs in 2023 for the Alaska region is
presented in table 1, followed by a non-exhaustive summary of the more
notable issues or revisions for particular stocks within the Alaska
region.
Table 1--List of Marine Mammal Stocks in the Alaska Region Revised in
2023
------------------------------------------------------------------------
Strategic stocks Non-strategic stocks
------------------------------------------------------------------------
Steller sea lion, Western *... Sato's beaked whale.**
North Pacific right whale, Steller sea lion,
Eastern North Pacific. Eastern.*
Bowhead whale, Western
Arctic.*
------------------------------------------------------------------------
* Includes updated abundance estimates.
** Denotes a new stock.
Sato's Beaked Whale
A new SAR is proposed for a newly described species, Sato's beaked
whale (Yamada et al. 2019), which inhabits the western and central
North Pacific. The Sato's beaked whale was identified as a new species
in the northern Pacific Ocean based on morphometric and genetics data
of a previously undescribed species (Brownell and Kasuya 2021, Fedutin
et al. 2020, Yamada et al. 2019). Current information about its
distribution indicates that it occurs from Japanese waters across the
northern Pacific to at least the Alaskan Peninsula. The newly
identified species did not yet have a stock designation. NMFS followed
the process outlined in its procedural directive 02-204-03: Reviewing
and Designating Stocks and Issuing Stock Assessment Reports under the
Marine Mammal Protection Act (NMFS 2019) and determined that it is
unknown whether the species contains multiple demographically
independent populations. Therefore, NMFS proposes designating Sato's
beaked whale species as a single stock. Estimates of abundance are not
available for this stock, and no human-caused MS/I of Sato's beaked
whales was reported between 2017 and 2021. This stock is not strategic.
Atlantic Reports
In 2023, NMFS reviewed all stocks in the Atlantic region under
NMFS' jurisdiction (including the Atlantic Ocean, Gulf of Mexico, and
U.S. territories in the Caribbean) for new information. Thirty-one
stocks from the Western North Atlantic were revised (table 2),
primarily with updated abundance estimates based on the 2021 Atlantic
Marine Assessment Program for Protected Species large vessel surveys,
and some were also updated with recent bycatch estimates. One stock
changed in status to ``strategic,'' the Western North Atlantic (WNA)
short-finned pilot whale. This particular stock has oscillated between
strategic and non-strategic over the years, depending on the latest
abundance and bycatch estimates.
A list of the new or revised SARs in 2023 for the Atlantic region
is presented in table 2, followed by a non-exhaustive summary of the
more notable issues or revisions in the Atlantic region. Information on
the remaining Atlantic region stocks can be found in the final 2022
SARs (Hayes et al. 2023).
[[Page 5497]]
Table 2--List of Marine Mammal SARs in the Atlantic Region Revised in
2023
------------------------------------------------------------------------
Strategic stocks Non-strategic stocks
------------------------------------------------------------------------
North Atlantic right whale * Atlantic spotted
Gulf of Mexico common dolphin, Western North
bottlenose dolphin, Barataria Bay Atlantic.*
Estuarine System. Clymene dolphin,
Short-finned pilot whale, Western North Atlantic.*
Western North Atlantic *. Common bottlenose
Fin whale, Western North dolphin, Western North
Atlantic. Atlantic Offshore.*
Sei whale, Nova Scotia........ Dwarf sperm whale,
Sperm whale, North Atlantic *. Western North Atlantic.*
False killer whale,
Western North Atlantic.*
Fraser's dolphin,
Western North Atlantic.
Melon-headed whale,
Western North Atlantic.
Pantropical spotted
dolphin, Western North
Atlantic.*
Pygmy killer whale,
Western North Atlantic.
Pygmy sperm whale,
Western North Atlantic.*
Rough-toothed dolphin,
Western North Atlantic.
Spinner dolphin,
Western North Atlantic.*
Harbor porpoise, Gulf
of Maine/Bay of Fundy.*
Common minke whale,
Canadian East Coast.
Cuvier's beaked whale,
Western North Atlantic.*
Blainville's beaked
whale, Western North
Atlantic.*
Gervais' beaked whale,
Western North Atlantic.*
Sowerby's beaked
whale, Western North
Atlantic.*
True's beaked whale,
Western North Atlantic.*
Risso's dolphin,
Western North Atlantic.*
Long-finned pilot
whale, Western North Atlantic.
Atlantic white-sided
dolphin, Western North
Atlantic.
Common dolphin,
Western North Atlantic.*
Striped dolphin,
Western North Atlantic.*
Gray seal, Western
North Atlantic.*
------------------------------------------------------------------------
* Includes updated abundance estimates.
North Atlantic Right Whale, Western North Atlantic
The new abundance estimate calculated for the western North
Atlantic right whale stock is 340 (95% CI: 333-348) individuals as of
December 2021. This updated estimate is based on a published state-
space model of the sighting histories of individual whales identified
using photo-identification techniques (Pace et al. 2017, Pace 2021). A
more recent estimate is available in Linden (2023), though this is not
included in the draft 2023 SAR being released for public comment as it
was not available at the time of drafting and for review by the
Atlantic Scientific Review Group. The species' recovery continues to be
inhibited by a low reproductive rate and the impacts of the ongoing
Unusual Mortality Event declared in 2017 (NMFS 2023), which, for the
covered time period (2017-2021), includes 98 dead, seriously injured,
or sublethally injured or ill whales (i.e., morbidity cases, which are
now included in the SAR), primarily due to vessel strikes and
entanglements in fishing gear.
Humpback Whale, Gulf of Maine
In 2023, NMFS is not revising SAR for the Gulf of Maine stock of
humpback whales. Since the last revision of this SAR in 2019, NMFS has
been reviewing and considering the implications of recent information
on stock structure of humpback whales in the North Atlantic. This
includes the 2016 global Status Review of humpback whales that led to
the revised ESA listing of the species, based on identification of
distinct population segments (DPS) (Bettridge et al. 2015, NOAA 2016a),
as well as ongoing work by the International Whaling Commission,
Scientific Committee, and Sub-committee on Northern Hemisphere whale
stocks. Given this recent and forthcoming information, NMFS is
evaluating the stock structure of North Atlantic humpback whales under
the MMPA following the process laid out in its procedural directive 02-
204-03: Reviewing and Designating Stocks and Issuing Stock Assessment
Reports under the Marine Mammal Protection Act (NMFS 2019). A draft,
updated SAR will be published once NMFS completes this process.
Gulf of Mexico Common Bottlenose Dolphin, Barataria Bay Estuarine
System Stock
In 2023, NMFS revised the SAR for the Barataria Bay Estuarine
System (BBES) stock of common bottlenose dolphins as recommended by the
Atlantic Scientific Review Group to incorporate recent publications
regarding health assessment data and projected outcomes for the
proposed mid-Barataria sediment diversion (MBSD) project. Recent health
assessment data indicate disease conditions have persisted and worsened
in Barataria Bay dolphins presumably exposed to oil from the Deepwater
Horizon (DWH) oil spill (DeGuise et al. 2021; Smith et al. 2022;
Schwacke et al. 2022), and it is suggested this population is at a
minimum point in its recovery trajectory (Schwacke et al. 2022). In
addition, results of modeling work by Thomas et al. (2022) predict
there will be greater declines in population size resulting from the
MBSD than those caused by the DWH oil spill, which could potentially
result in a decline and functional extinction of the BBES stock of
common bottlenose dolphins.\1\
---------------------------------------------------------------------------
\1\ On February 9, 2018, Congress passed the Bipartisan Budget
Act of 2018 (Budget Act), Public Law 115-123, which included a
requirement that the Secretary of Commerce, as delegated to the
Assistant Administrator of the National Marine Fisheries Service,
issue a waiver of the Marine Mammal Protection Act moratorium and
prohibitions for three projects included in the 2017 Louisiana
Comprehensive Master Plan for a Sustainable Coast. The Mid-Barataria
Sediment Diversion was identified as one of those projects. As
required, NOAA Fisheries issued the waiver on March 15, 2018. More
information on the waiver can be found at https://www.fisheries.noaa.gov/action/marine-mammal-protection-act-waiver-select-louisiana-coastal-master-plan-projects.
---------------------------------------------------------------------------
Pacific Reports
In 2023, NMFS reviewed all 85 stocks in the Pacific region (waters
along the U.S. West Coast, within waters surrounding the main and
Northwestern Hawaiian Islands, and within waters surrounding U.S.
territories in the Western Pacific) for new information and revised
SARs for thirty stocks (8
[[Page 5498]]
strategic and 22 non-strategic). A list of revised SARs in 2023 for the
Pacific region is presented in table 3, followed by a non-exhaustive
summary of the more notable issues or revisions in the Pacific region.
Information on the remaining Pacific region stocks can be found in the
final 2022 SARs (Carretta et al. 2023). Following the development of
the draft 2023 SARs, NMFS published new population information for the
Eastern North Pacific (ENP) gray whale. We plan to revise the ENP gray
whale SAR in the 2024 cycle to incorporate the updated information.
Table 3--List of Marine Mammal SARs in the Pacific Region Revised in
2023
------------------------------------------------------------------------
Strategic stocks Non-strategic stocks
------------------------------------------------------------------------
Monk seal, Hawai[revaps]i *... Harbor seal,
Washington Northern Inland
Waters.*
Killer whale, Eastern North Harbor seal, Southern
Pacific Southern Resident *. Puget Sound.*
Sperm whale, CA/OR/WA *....... Harbor seal, Hood
Canal.*
Blue whale, Eastern North Harbor porpoise,
Pacific. Northern CA/Southern OR.*
Fin whale, CA/OR/WA........... Harbor porpoise,
Central Oregon.**
Sei whale, Eastern North Harbor porpoise,
Pacific *. Northern OR/Washington Coast.*
False killer whale, Minke whale, CA/OR/WA.
Hawai[revaps]i Pelagic *.
False killer whale, Main Rough-toothed dolphin,
Hawaiian * Islands Insular. Hawai[revaps]i.*
Risso's dolphin,
Hawai[revaps]i.*
Common bottlenose
dolphin, Hawai[revaps]i
Pelagic.*
Common bottlenose
dolphin, Kaua[revaps]i and
Ni[revaps]ihau.*
Common bottlenose
dolphin, O'ahu.*
Common bottlenose
dolphin, Maui Nui.*
Common bottlenose
dolphin, Hawai[revaps]i
Island.*
Pantropical spotted
dolphin, Hawai[revaps]i
Pelagic.*
Pantropical spotted
dolphin, O'ahu.
Pantropical Spotted
dolphin, Maui Nui.
Pantropical spotted
dolphin, Hawai[revaps]i
Island.
Striped dolphin,
Hawai[revaps]i Pelagic.*
False killer whale,
Northwest Hawaiian Islands.
Short-finned pilot
whale, Hawai[revaps]i.*
Bryde's whale,
Hawai[revaps]i.*
------------------------------------------------------------------------
* Includes updated abundance estimates.
** Denotes a new stock.
West Coast Harbor Porpoise Stocks
The Northern California-Southern Oregon harbor porpoise stock is
proposed to be split into two stocks: the Northern California-Southern
Oregon and Central Oregon harbor porpoise stocks. In proposing this
revised stock structure, NMFS followed the process outlined in its
procedural directive 02-204-03: Reviewing and Designating Stocks and
Issuing Stock Assessment Reports under the Marine Mammal Protection Act
(NMFS 2019). Genetic evidence (Morin et al. 2021) supported delineation
of two demographically independent populations (DIPs) within waters of
Northern California and Southern Oregon. NMFS evaluated the
conservation and management benefits and risks associated with managing
the harbor porpoise in this region as two stocks, and determined there
was greater potential conservation benefit under the MMPA if managed as
two stocks rather than a single stock. Thus, the Northern California-
Southern Oregon harbor porpoise stock is proposed to be split into two
stocks corresponding with the DIPs identified in Morin et al. (2021).
The draft SARs present abundance estimates for the proposed Northern
California-Southern Oregon and Central Oregon harbor porpoise stocks,
derived from aerial surveys.
Pacific Islands Stock Name Changes
As an ongoing effort to reflect indigenous knowledge, NMFS is
proposing to rename Pacific Island marine mammal stocks to align with
the original Hawaiian names of various islands and places where the
stocks reside. For the 2023 SAR cycle, NMFS proposes to change the
names of stocks with `4-Islands' in the name to `Maui Nui.' Maui Nui
includes the islands of Moloka[revaps]i, L[amacr]na[revaps]i, Maui, and
Kaho'olawe. In the future, NMFS plans to propose additional changes to
include transitioning from the English name for some of the islands and
atolls in the northwestern Hawaiian Islands to the original Hawaiian
name.
Erratum: Response to Public Comment for 2022 SARs
We note that due to a technical error in processing, we did not
include in the list of significant comments on the draft 2022 SARs a
joint comment submitted by Natural Resources Defense Council,
Endangered Habitats League, Turtle Island Restoration Network, American
Cetacean Society-Oregon Chapter, Cape Perpetua Collaborative, Center
for Biological Diversity, Ocean Defenders Alliance, Defenders of
Wildlife, Whale and Dolphin Conservation, and Oceana. However, the
comment was addressed in a response published elsewhere in the 2022
Final Stock Assessment Reports Federal Register notice (comment 17--
https://www.federalregister.gov/documents/2023/08/11/2023-17219/final-2022-marine-mammal-stock-assessment-reports).
References
Brownell, R.L., Jr., and T. Kasuya. 2021. Sato's beaked whale: A new
cetacean species discovered around Japan. Mar. Mammal Sci. 37(2):
768-771. https://doi.org/10.1111/mms.12810.
Carretta, J.V., 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 Jr. 2023. U.S. Pacific marine mammal stock
assessments: 2021. U.S. Department of Commerce, NOAA Technical
Memorandum NMFS-SWFSC-663. https://doi.org/10.25923/246k-7589.
De Guise, S., M. Levin, L. Jasperse, J. Herrman, R.S. Wells, T.
Rowles and L. Schwacke. 2021. Long-term immunological alterations in
bottlenose dolphin a decade after the Deepwater Horizon oil spill in
the northern Gulf of Mexico: Potential for multigenerational
effects. Environ. Toxicol. Chem. 40(5): 1308-1321.
Fedutin, I.D., I.G. Meschersky, O.A. Filatova, O.V. Titova, V., I.G.
Bobyr, A.M. Burdin, and E. Hoyt. 2020. Records of a new
[[Page 5499]]
cetacean species of the genus Berardius from Russian waters. Russ.
J. Mar. Biol. 46:199-206. https://doi.org/10.1134/S1063074020030050.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., Byrd, B.,
Chavez-Rosales, S., Cole, T.V., Garrison, L.P., Hatch, J., Henry, A.
and Horstman, S.C., 2023. U.S. Atlantic and Gulf of Mexico marine
mammal stock assessments--2021. NOAA Technical Memomorandum NMFS NE.
249.
Morin PA, Forester BR, Forney KA, Crossman CA, Hancock-Hanser B,
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Dated: January 22, 2024.
Evan Howell,
Director, Office of Science and Technology, National Marine Fisheries
Service.
[FR Doc. 2024-01653 Filed 1-26-24; 8:45 am]
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