81_FR_70293 81 FR 70097 - Draft 2016 Marine Mammal Stock Assessment Reports

81 FR 70097 - Draft 2016 Marine Mammal Stock Assessment Reports

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70097-70099
FR Document2016-24404

NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act. SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on the draft 2016 SARs.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70097-70099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24404]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE783


Draft 2016 Marine Mammal Stock Assessment Reports

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

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS reviewed the Alaska, Atlantic, and Pacific regional 
marine mammal stock assessment reports (SARs) in accordance with the 
Marine Mammal Protection Act. SARs for marine mammals in the Alaska, 
Atlantic, and Pacific regions were revised according to new 
information. NMFS solicits public comments on the draft 2016 SARs.

DATES: Comments must be received by January 9, 2017.

ADDRESSES: The 2016 draft SARs are available in electronic form via the 
Internet at http://www.nmfs.noaa.gov/pr/sars/draft.htm.
    Copies of the Alaska Regional SARs may be requested from Marcia 
Muto, Alaska Fisheries Science Center, NMFS, 7600 Sand Point Way, NE 
BIN 15700, Seattle, WA 98115-0070.
    Copies of the Atlantic, Gulf of Mexico, and Caribbean Regional SARs 
may be requested from Elizabeth Josephson, Northeast Fisheries Science 
Center, 166 Water St., Woods Hole, MA 02543.
    Copies of the Pacific Regional SARs may be requested from Jim 
Carretta, Southwest Fisheries Science Center, 8604 La Jolla Shores 
Drive, La Jolla, CA 92037-1508.
    You may submit comments, identified by NOAA-NMFS-2016-0101, by any 
of the following methods:
    Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0101, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Send comments or requests for copies of reports to: Chief, 
Marine Mammal and Sea Turtle Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3226, Attn: Stock Assessments.
    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: Shannon Bettridge, Office of Protected 
Resources, 301-427-8402, [email protected]; Marcia Muto 206-
526-4026, [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 Marine Mammal Protection Act (MMPA) (16 U.S.C. 
1361 et seq.) requires NMFS and the U.S. Fish and Wildlife Service 
(FWS) to prepare stock assessments for each stock of marine mammals 
occurring in waters under the jurisdiction of the United States, 
including the Exclusive Economic Zone. These reports must contain 
information regarding the distribution and abundance of the stock, 
population growth rates and trends, estimates of annual human-caused 
mortality and serious injury (M/SI) from all sources, descriptions of 
the fisheries with which the stock interacts, and the status of the 
stock. Initial reports were completed in 1995.
    The MMPA requires NMFS and FWS 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; (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. NMFS and the FWS are 
required to revise a SAR if the status of the stock has changed or can 
be more accurately determined. NMFS, in conjunction with the Alaska, 
Atlantic, and Pacific independent Scientific Review Groups

[[Page 70098]]

(SRGs), reviewed the status of marine mammal stocks as required and 
revised reports in the Alaska, Atlantic, and Pacific regions to 
incorporate new information.
    NMFS solicits public comments on the draft 2016 SARs.

Humpback Whales

    On September 8, 2016, NMFS published a final rule revising the 
listing status of humpback whales under the ESA (81 FR 62259). We 
divided the globally listed endangered species into 14 distinct 
population segments (DPSs), removed the species-level listing, and in 
its place, listed four DPSs as endangered and one DPS as threatened. 
Based on their current statuses, the remaining nine DPSs did not 
warrant listing.
    With regard to depleted determinations for species removed from the 
ESA, the ESA listing rule states, ``The language and structure of the 
MMPA's definition of depleted lead NMFS to the conclusion that a 
species or stock that is designated as depleted solely on the basis of 
its ESA listing status would cease to qualify as depleted under the 
terms of that definition if it is no longer listed. Therefore, a 
species or stock that is removed from the list of threatened and 
endangered species loses its depleted status when removed from the list 
. . . Humpback whales were considered to be depleted species-wide under 
the MMPA solely on the basis of the species' ESA listing. Therefore, 
upon the effective date of the rule, humpback whales that are listed as 
threatened or endangered will retain depleted status under the MMPA and 
humpback whales that are not listed as threatened or endangered will 
lose depleted status under the MMPA. However, we note that the DPSs 
established in this final rule that occur in waters under the 
jurisdiction of the United States do not necessarily equate to the 
existing MMPA stocks for which Stock Assessment Reports (SARs) have 
been published in accordance with section 117 of the MMPA (16 U.S.C. 
1386). Following publication of this rule, we will conduct a review of 
humpback whale stock delineations in waters under the jurisdiction of 
the United States to determine whether any stocks should be realigned 
in light of the ESA DPSs established herein. Until such time as the 
MMPA stock delineations are reviewed, because we cannot manage one 
portion of a stock as depleted and another portion as not depleted 
under the MMPA, we will treat existing MMPA stocks that fully or 
partially coincide with a listed DPS as depleted and stocks that do not 
fully or partially coincide with a listed DPS as not depleted for 
management purposes. Therefore, in the interim, we will treat the 
Western North Pacific, Central North Pacific, and California/Oregon/
Washington stocks as depleted because they partially or fully coincide 
with ESA-listed DPSs, and we will treat the Gulf of Maine and American 
Samoa stocks as no longer depleted because they do not coincide with 
any ESA-listed DPS. Any changes in stock delineation or MMPA section 
117 elements (such as Potential Biological Removal (PBR) or strategic 
status) will be reflected in future stock assessment reports, and the 
Scientific Review Groups and the public will be provided opportunity to 
review and comment.''
    In response to this revision to the humpback whale listing status, 
NMFS is currently evaluating the humpback whale stock delineations and 
whether we can align the stocks with the DPSs. This does not affect the 
stock delination for the current SARs, but will be reflected in future 
reports once the evaluation is complete.

Alaska Reports

    In the Alaska region, SARs for 19 Alaska stocks (13 ``strategic,'' 
6 ``non-strategic'') were updated. All stocks were reviewed and the 
following stocks were revised for 2016: Steller sea lion, western U.S.; 
Steller sea lion, eastern U.S.; northern fur seal, eastern Pacific; 
bearded seal, Alaska; ringed seal, Alaska; beluga whale, Cook Inlet; 
killer whale, AT1 Transient; killer whale, eastern North Pacific Alaska 
resident; killer whale, eastern North Pacific Gulf of Alaska, Aleutian 
Islands, and Bering Sea Transient; harbor porpoise, Southeast Alaska; 
harbor porpoise, Gulf of Alaska; harbor porpoise, Bering Sea; sperm 
whale, North Pacific; humpback whale, Western North Pacific; humpback 
whale, Central North Pacific; fin whale, Northeast Pacific; right 
whale, Eastern North Pacific; bowhead whale, Western Arctic; narwhal, 
unidentified stock. Information on the remaining Alaska region stocks 
can be found in the final 2015 reports (Muto et al., 2016).
    Most revisions to the Alaska SARs included updates of abundance 
and/or M/SI estimates, including revised abundance estimates for both 
the western and eastern U.S. Steller sea lion stocks; northern fur 
seal, eastern Pacific; beluga whale, Cook Inlet; bearded seal, Alaska; 
ringed seal, Alaska; and fin whale, Northeast Pacific stocks. The 
following SARs include the abundance estimates from partial surveys as 
the Nmin, along with statements that the underestimated 
Nmins are not reliable; thus they should not be used in 
certain management actions: Bearded seal, Alaska; ringed seal, Alaska; 
harbor porpoise, Southeast Alaska; and fin whale, Northeast Pacific. 
Additionally, Nmins determined under these circumstances 
will not be included in the summary tables, but will instead include a 
caveat placeholder which defers to the SAR text. Additionally, 
mortalities from permitted research activities were updated for western 
and eastern U.S. Steller sea lion stocks and the Alaska stock of ringed 
seals. Also reflected is a shift in genera classification for the 
ringed seal, from Phoca to Pusa.
    The eastern U.S. stock of Steller sea lion changed in status from 
``strategic'' to ``non-strategic.'' This status change is consistent 
with the recent humpback whale ESA listing final rule (81 FR 62259; 
September 8, 2016), which states that in the case of a species or stock 
that achieved its depleted status solely on the basis of its ESA 
status, the species or stock would cease to qualify as depleted under 
the terms of the definition set forth in MMPA section 3(1), if the 
species or stock is no longer listed as threatened or endangered. NMFS 
took the opportunity during the public comment period related to that 
rule to clarify our interpretation that loss of depleted status is 
automatic at the time of a delisting if the sole basis for the species 
or stocks' depleted status was an ESA listing. As a result, the eastern 
Steller sea lion is now considered to be not depleted and no longer 
qualifies as a strategic stock (as human-caused mortality or serious 
injury does not exceed PBR). The draft 2016 SAR reflects these changes 
and, accordingly, the PBR has been recalculated (using a recovery 
factor appropriate for a non-strategic stock) and increased from 1,645 
to 2,498.

Atlantic Reports

    In the Atlantic region (including the Atlantic Ocean, Gulf of 
Mexico, and U.S. territories in the Caribbean), 18 reports for 44 
stocks were updated. Of the updated stocks, 32 stocks are 
``strategic,'' and 12 are ``non-strategic.''
    All stocks were reviewed and reports for the following strategic 
stocks were revised for 2016: North Atlantic right whale, Western 
Atlantic; humpback whale, Gulf of Maine; fin whale, Western North 
Atlantic (WNA); sei whale, Nova Scotia; short-finned pilot whale, WNA; 
and 27 Gulf of Mexico bay, sound, and estuary common bottlenose dolphin 
stocks. Two stocks, the WNA stocks of short-finned and long-finned 
pilot whales, changed from ``non-strategic'' to ``strategic'' this year

[[Page 70099]]

because the mean annual human-caused mortality and serious injury 
exceeds PBR; the Gulf of Maine humpback whale stock has changed from 
``strategic'' to ``non-strategic.''
    Reports for the following non-strategic stocks were revised for 
2016: Minke whale, Canadian east coast; Risso's dolphin, WNA; Atlantic 
white-sided dolphin, WNA; short-beaked common dolphin, WNA; harbor 
porpoise, Gulf of Maine/Bay of Fundy; harbor seal, WNA; gray seal, WNA; 
rough-toothed dolphin, Northern Gulf of Mexico; pygmy sperm whale, WNA; 
dwarf sperm whale, WNA; and common bottlenose dolphin, WNA offshore. 
Information on the remaining Atlantic region stocks can be found in the 
final 2015 reports (Waring et al., 2016).
    Most revisions to the Atlantic SARs included updates of abundance 
and/or M/SI estimates. New abundance estimates are available for the 
North Atlantic right whale, Western Atlantic; minke whale, Canadian 
east stock; short-beaked common dolphin, WNA stock; and common 
bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. The following 
common bottlenose dolphin, Gulf of Mexico bay, sound, and estuary 
stocks no longer have usable abundance and/or PBR estimates because the 
survey data on which they are based are more than eight years old and 
no longer considered unreliable (per NMFS Guidelines for Assessing 
Marine Mammal Stocks): Choctawhatchee Bay; St. Joseph Bay; St. Vincent 
Sound, Apalachicola Bay, St. George Sound; Waccasassa Bay, 
Withalacoochee Bay, Crystal Bay; St. Joseph Sound, Clearwater Harbor; 
Tampa Bay; Estero Bay; Chokoloskee Bay, Ten Thousand Islands, Gullivan 
Bay; Whitewater Bay; and Florida Keys (Bahia Honda to Key West).
    As a result of the humpback whale ESA listing rule (81 FR 62259; 
September 8, 2016), the Gulf of Maine stock of humpback whales is no 
longer considered ESA listed or depleted. In the previous SAR, the 
recovery factor was 0.1 because this stock was listed as an endangered 
species under the ESA. In the draft 2016 SAR, the recovery factor was 
revised to 0.5, the default value for stocks of unknown status relative 
to OSP. Values other than the defaults for any stock should usually not 
be used without the approval of the regional Scientific Review Group, 
and scientific justification for the change should be provided in the 
SAR. As the listing change occurred after the February 2016 SRG 
Meeting, NMFS has applied the default recovery factor of 0.5 to the 
draft 2016 SAR. As a result, the PBR increased from 2.7 to 13. Human-
caused mortality and serious injury is now below PBR, and the stock has 
changed from ``strategic'' to ``non-strategic.'' The Atlantic SRG will 
discuss the recovery factor for this stock at its February 2017 
meeting.
    Abundance estimates for the minke whale Canadian east stock and 
short-beaked common dolphin WNA stock are substantially lower than what 
was reported in the 2015 SARs. This is because the new estimates 
exclude data from the 2007 Canadian Trans-North Atlantic Sighting 
Survey, as they were more than eight years old. Thus, the revised 
estimates for these stocks should not be interpreted as a decline in 
abundance of these stocks, as previous estimates are not directly 
comparable to the new estimates.

Pacific Reports

    In the Pacific region (waters along the west coast of the United 
States, within waters surrounding the main and Northwestern Hawaiian 
Islands (NWHI), and within waters surrounding U.S. territories in the 
Western Pacific), SARs were revised for 23 stocks under NMFS 
jurisdiction (8 ``strategic'' and 15 ``non-strategic'' stocks). All 
stocks were reviewed and reports for the following ``strategic'' stocks 
were revised for 2016: Hawaiian monk seal; killer whale, Eastern North 
Pacific Southern Resident; false killer whale, Main Hawaiian Islands 
(MHI) Insular; false killer whale, Hawaii Pelagic; humpback whale, 
California/Oregon/Washington (CA/OR/WA); fin whale, CA/OR/WA; sei 
whale, Eastern North Pacific; and Guadalupe fur seal, Mexico to 
California. Reports for the following ``non-strategic'' stocks were 
revised for 2016: False killer whale, NWHI; harbor porpoise, Washington 
inland waters; Dall's porpoise, CA/OR/WA; Pacific white-sided dolphin, 
CA/OR/WA; Risso's dolphin, CA/OR/WA; common bottlenose dolphin, 
California Coastal; common bottlenose dolphin, CA/OR/WA Offshore; 
striped dolphin, CA/OR/WA; short-beaked common dolphin, CA/OR/WA; long-
beaked common dolphin, California; Northern right whale dolphin, CA/OR/
WA; short-finned pilot whale, CA/OR/WA; pygmy sperm whale, CA/OR/WA; 
dwarf sperm whale, CA/OR/WA; and minke whale, CA/OR/WA. Information on 
the remaining Pacific region stocks can be found in the final 2015 
reports (Carretta et al., 2016a).
    Several abundance estimates for Pacific stocks were changed in the 
draft 2016 reports following the application of a new approach for 
estimating the g(0) parameter, the probability of detecting an animal 
that is directly on the transect line, in different survey conditions 
(Beaufort sea state) (Barlow 2016). An analysis found that g(0) 
decreases as Beaufort sea state increases, even for visually 
conspicuous species. The following stocks reflect these abundance (and 
PBR) changes: Kogia spp.; Dall's porpoise, CA/OR/WA; Northern right 
whale dolphin, CA/OR/WA; Pacific white-sided dolphin, CA/OR/WA; Risso's 
dolphin, CA/OR/WA; striped dolphin, CA/OR/WA; short-beaked common 
dolphin, CA/OR/WA; long-beaked common dolphin, CA/OR/WA; short-finned 
pilot whale, CA/OR/WA; fin whale, CA/OR/WA; and minke whale, CA/OR/WA.
    A new methodology was applied to bycatch estimated for some coastal 
Pacific stocks. Recent work shows that estimates of carcass recovery 
(0.25, 95 percent confidence interval = 0.20-0.33) for an extremely-
coastal dolphin population suggests that observed anthropogenic 
mortality values of dolphins in this region derived from strandings 
should be corrected to account for unobserved mortality (Carretta et 
al., 2016b). Therefore, within the draft SARs involving dolphins along 
the U.S. West Coast, human-related deaths and injuries counted from 
beach strandings are multiplied by a factor of four to account for the 
non-detection of most carcasses. This correction factor affected the M/
SI for the following stocks: harbor porpoise, Washington inland waters; 
Risso's dolphin, CA/OR/WA; striped dolphin, CA/OR/WA; short-beaked 
common dolphin, CA/OR/WA; long-beaked common dolphin, CA/OR/WA; 
bottlenose dolphin, California coastal; and bottlenose dolphin, CA/OR/
WA offshore.
    Additional stocks with updated abundance and/or M/SI estimates 
include: Harbor porpoise, Washington inland waters; Guadalupe fur seal, 
Mexico to California; Hawaiian monk seal; killer whale, Eastern North 
Pacific Southern Resident; humpback whale, CA/OR/WA; sei whale, Eastern 
North Pacific; false killer whale, Hawaii pelagic; false killer whale, 
MHI Insular; and false killer whale, NWHI.

    Dated: October 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-24404 Filed 10-7-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                          70097

                                                    compliance with U.S. export control                     DEPARTMENT OF COMMERCE                                and will generally be posted for public
                                                    laws and regulations, including those                                                                         viewing on www.regulations.gov
                                                    administered by the Department of                       National Oceanic and Atmospheric                      without change. All personal identifying
                                                    Commerce’s Bureau of Industry and                       Administration                                        information (e.g., name, address, etc.),
                                                    Security;                                                                                                     confidential business information, or
                                                                                                            RIN 0648–XE783
                                                                                                                                                                  otherwise sensitive information
                                                       • It has identified any matter pending
                                                                                                            Draft 2016 Marine Mammal Stock                        submitted voluntarily by the sender will
                                                    before any bureau or office of the
                                                                                                            Assessment Reports                                    be publicly accessible. NMFS will
                                                    Department of Commerce;
                                                                                                                                                                  accept anonymous comments (enter ‘‘N/
                                                       • It has identified any pending                      AGENCY:  National Marine Fisheries                    A’’ in the required fields if you wish to
                                                    litigation (including any administrative                Service (NMFS), National Oceanic and                  remain anonymous).
                                                    proceedings) to which it is a party that                Atmospheric Administration (NOAA),                    FOR FURTHER INFORMATION CONTACT:
                                                    involves the Department of Commerce;                    Commerce.                                             Shannon Bettridge, Office of Protected
                                                       • It and its affiliates (1) have not and             ACTION: Notice; request for comments.                 Resources, 301–427–8402,
                                                    will not engage in the bribery of foreign                                                                     Shannon.Bettridge@noaa.gov; Marcia
                                                                                                            SUMMARY:   NMFS reviewed the Alaska,                  Muto 206–526–4026, Marcia.Muto@
                                                    officials in connection with its
                                                                                                            Atlantic, and Pacific regional marine                 noaa.gov, regarding Alaska regional
                                                    involvement in this Mission, and (2)
                                                                                                            mammal stock assessment reports                       stock assessments; Elizabeth Josephson,
                                                    maintain and enforce a policy that                      (SARs) in accordance with the Marine
                                                    prohibits the bribery of foreign officials.                                                                   508–495–2362, Elizabeth.Josephson@
                                                                                                            Mammal Protection Act. SARs for                       noaa.gov, regarding Atlantic, Gulf of
                                                    Selection Criteria for Participation                    marine mammals in the Alaska,                         Mexico, and Caribbean regional stock
                                                                                                            Atlantic, and Pacific regions were                    assessments; or Jim Carretta, 858–546–
                                                       • Suitability of the company’s                       revised according to new information.                 7171, Jim.Carretta@noaa.gov, regarding
                                                    products or services to the market.                     NMFS solicits public comments on the                  Pacific regional stock assessments.
                                                    Please note: this mission will not                      draft 2016 SARs.
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    include nuclear power technologies                      DATES: Comments must be received by
                                                    given the imbalance of this sub-sector in               January 9, 2017.                                      Background
                                                    UAE and Saudi Arabia.                                   ADDRESSES: The 2016 draft SARs are                       Section 117 of the Marine Mammal
                                                       • Applicant’s potential for business                 available in electronic form via the                  Protection Act (MMPA) (16 U.S.C. 1361
                                                    in the target countries, including                      Internet at http://www.nmfs.noaa.gov/                 et seq.) requires NMFS and the U.S. Fish
                                                    likelihood of exports resulting from the                pr/sars/draft.htm.                                    and Wildlife Service (FWS) to prepare
                                                    mission.                                                  Copies of the Alaska Regional SARs                  stock assessments for each stock of
                                                       • Consistency of the applicant’s goals               may be requested from Marcia Muto,                    marine mammals occurring in waters
                                                    and objectives with the stated scope of                 Alaska Fisheries Science Center, NMFS,                under the jurisdiction of the United
                                                    the mission. Balance of company size,                   7600 Sand Point Way, NE BIN 15700,                    States, including the Exclusive
                                                                                                            Seattle, WA 98115–0070.                               Economic Zone. These reports must
                                                    sector or subsector, and location may
                                                                                                              Copies of the Atlantic, Gulf of Mexico,             contain information regarding the
                                                    also be considered during the review
                                                                                                            and Caribbean Regional SARs may be                    distribution and abundance of the stock,
                                                    process. Referrals from political
                                                                                                            requested from Elizabeth Josephson,                   population growth rates and trends,
                                                    organizations and any documents                         Northeast Fisheries Science Center, 166               estimates of annual human-caused
                                                    containing references to partisan                       Water St., Woods Hole, MA 02543.                      mortality and serious injury (M/SI) from
                                                    political activities (including political                 Copies of the Pacific Regional SARs                 all sources, descriptions of the fisheries
                                                    contributions) will be removed from an                  may be requested from Jim Carretta,                   with which the stock interacts, and the
                                                    applicant’s submission and not                          Southwest Fisheries Science Center,                   status of the stock. Initial reports were
                                                    considered during the selection process.                8604 La Jolla Shores Drive, La Jolla, CA              completed in 1995.
                                                    FOR FURTHER INFORMATION CONTACT:                        92037–1508.                                              The MMPA requires NMFS and FWS
                                                                                                              You may submit comments, identified                 to review the SARs at least annually for
                                                    International Trade Administration,                     by NOAA–NMFS–2016–0101, by any of                     strategic stocks and stocks for which
                                                      Melissa Blackledge, Trade Promotion                   the following methods:                                significant new information is available,
                                                      Programs, Washington, DC, Tel: (202)                    Federal e-Rulemaking Portal: Go to                  and at least once every three years for
                                                      482–1765, Email: melissa.blackledge@                  www.regulations.gov/                                  non-strategic stocks. The term ‘‘strategic
                                                      trade.gov.                                            #!docketDetail;D=NOAA-NMFS-2016-                      stock’’ means a marine mammal stock:
                                                    U.S. Commercial Service Saudi Arabia,                   0101, click the ‘‘Comment Now!’’ icon,                (A) For which the level of direct human-
                                                      Douglas Wallace, U.S. Commercial                      complete the required fields, and enter               caused mortality exceeds the potential
                                                      Service, Riyadh, Saudi Arabia, Tel: +                 or attach your comments.                              biological removal level; (B) which,
                                                      966 +11– 488–3800, Email:                               Mail: Send comments or requests for                 based on the best available scientific
                                                      douglas.wallace@trade.gov.                            copies of reports to: Chief, Marine                   information, is declining and is likely to
                                                                                                            Mammal and Sea Turtle Conservation                    be listed as a threatened species under
                                                    U.S. Commercial Service United Arab                     Division, Office of Protected Resources,              the Endangered Species Act (ESA)
                                                      Emirates, Dao M. Le, U.S. Commercial                  National Marine Fisheries Service, 1315               within the foreseeable future; or (C)
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      Service, Abu Dhabi, UAE, Tel: + 971                   East-West Highway, Silver Spring, MD                  which is listed as a threatened species
                                                      +2– 414–2665, Email: dao.le@                          20910–3226, Attn: Stock Assessments.                  or endangered species under the ESA.
                                                      trade.gov.                                              Instructions: NMFS may not consider                 NMFS and the FWS are required to
                                                                                                            comments if they are sent by any other                revise a SAR if the status of the stock
                                                    Frank Spector,
                                                                                                            method, to any other address or                       has changed or can be more accurately
                                                    Trade Missions Program.                                 individual, or received after the end of              determined. NMFS, in conjunction with
                                                    [FR Doc. 2016–24479 Filed 10–7–16; 8:45 am]             the comment period. All comments                      the Alaska, Atlantic, and Pacific
                                                    BILLING CODE 3510–DR–P                                  received are a part of the public record              independent Scientific Review Groups


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                                                    70098                        Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices

                                                    (SRGs), reviewed the status of marine                   partially coincide with a listed DPS as               thus they should not be used in certain
                                                    mammal stocks as required and revised                   not depleted for management purposes.                 management actions: Bearded seal,
                                                    reports in the Alaska, Atlantic, and                    Therefore, in the interim, we will treat              Alaska; ringed seal, Alaska; harbor
                                                    Pacific regions to incorporate new                      the Western North Pacific, Central North              porpoise, Southeast Alaska; and fin
                                                    information.                                            Pacific, and California/Oregon/                       whale, Northeast Pacific. Additionally,
                                                      NMFS solicits public comments on                      Washington stocks as depleted because                 Nmins determined under these
                                                    the draft 2016 SARs.                                    they partially or fully coincide with                 circumstances will not be included in
                                                    Humpback Whales                                         ESA-listed DPSs, and we will treat the                the summary tables, but will instead
                                                                                                            Gulf of Maine and American Samoa                      include a caveat placeholder which
                                                       On September 8, 2016, NMFS                           stocks as no longer depleted because                  defers to the SAR text. Additionally,
                                                    published a final rule revising the                     they do not coincide with any ESA-                    mortalities from permitted research
                                                    listing status of humpback whales under                 listed DPS. Any changes in stock                      activities were updated for western and
                                                    the ESA (81 FR 62259). We divided the                   delineation or MMPA section 117                       eastern U.S. Steller sea lion stocks and
                                                    globally listed endangered species into                 elements (such as Potential Biological                the Alaska stock of ringed seals. Also
                                                    14 distinct population segments (DPSs),                 Removal (PBR) or strategic status) will               reflected is a shift in genera
                                                    removed the species-level listing, and in               be reflected in future stock assessment               classification for the ringed seal, from
                                                    its place, listed four DPSs as endangered               reports, and the Scientific Review                    Phoca to Pusa.
                                                    and one DPS as threatened. Based on                     Groups and the public will be provided                   The eastern U.S. stock of Steller sea
                                                    their current statuses, the remaining                   opportunity to review and comment.’’                  lion changed in status from ‘‘strategic’’
                                                    nine DPSs did not warrant listing.                         In response to this revision to the                to ‘‘non-strategic.’’ This status change is
                                                       With regard to depleted                              humpback whale listing status, NMFS is                consistent with the recent humpback
                                                    determinations for species removed                      currently evaluating the humpback                     whale ESA listing final rule (81 FR
                                                    from the ESA, the ESA listing rule                      whale stock delineations and whether                  62259; September 8, 2016), which states
                                                    states, ‘‘The language and structure of                 we can align the stocks with the DPSs.                that in the case of a species or stock that
                                                    the MMPA’s definition of depleted lead                  This does not affect the stock delination             achieved its depleted status solely on
                                                    NMFS to the conclusion that a species                   for the current SARs, but will be                     the basis of its ESA status, the species
                                                    or stock that is designated as depleted                 reflected in future reports once the                  or stock would cease to qualify as
                                                    solely on the basis of its ESA listing                  evaluation is complete.                               depleted under the terms of the
                                                    status would cease to qualify as                                                                              definition set forth in MMPA section
                                                    depleted under the terms of that                        Alaska Reports
                                                                                                                                                                  3(1), if the species or stock is no longer
                                                    definition if it is no longer listed.                      In the Alaska region, SARs for 19                  listed as threatened or endangered.
                                                    Therefore, a species or stock that is                   Alaska stocks (13 ‘‘strategic,’’ 6 ‘‘non-             NMFS took the opportunity during the
                                                    removed from the list of threatened and                 strategic’’) were updated. All stocks                 public comment period related to that
                                                    endangered species loses its depleted                   were reviewed and the following stocks                rule to clarify our interpretation that
                                                    status when removed from the list . . .                 were revised for 2016: Steller sea lion,              loss of depleted status is automatic at
                                                    Humpback whales were considered to                      western U.S.; Steller sea lion, eastern               the time of a delisting if the sole basis
                                                    be depleted species-wide under the                      U.S.; northern fur seal, eastern Pacific;             for the species or stocks’ depleted status
                                                    MMPA solely on the basis of the                         bearded seal, Alaska; ringed seal,                    was an ESA listing. As a result, the
                                                    species’ ESA listing. Therefore, upon                   Alaska; beluga whale, Cook Inlet; killer              eastern Steller sea lion is now
                                                    the effective date of the rule, humpback                whale, AT1 Transient; killer whale,                   considered to be not depleted and no
                                                    whales that are listed as threatened or                 eastern North Pacific Alaska resident;                longer qualifies as a strategic stock (as
                                                    endangered will retain depleted status                  killer whale, eastern North Pacific Gulf              human-caused mortality or serious
                                                    under the MMPA and humpback whales                      of Alaska, Aleutian Islands, and Bering               injury does not exceed PBR). The draft
                                                    that are not listed as threatened or                    Sea Transient; harbor porpoise,                       2016 SAR reflects these changes and,
                                                    endangered will lose depleted status                    Southeast Alaska; harbor porpoise, Gulf               accordingly, the PBR has been
                                                    under the MMPA. However, we note                        of Alaska; harbor porpoise, Bering Sea;               recalculated (using a recovery factor
                                                    that the DPSs established in this final                 sperm whale, North Pacific; humpback                  appropriate for a non-strategic stock)
                                                    rule that occur in waters under the                     whale, Western North Pacific;                         and increased from 1,645 to 2,498.
                                                    jurisdiction of the United States do not                humpback whale, Central North Pacific;
                                                    necessarily equate to the existing                      fin whale, Northeast Pacific; right                   Atlantic Reports
                                                    MMPA stocks for which Stock                             whale, Eastern North Pacific; bowhead                    In the Atlantic region (including the
                                                    Assessment Reports (SARs) have been                     whale, Western Arctic; narwhal,                       Atlantic Ocean, Gulf of Mexico, and
                                                    published in accordance with section                    unidentified stock. Information on the                U.S. territories in the Caribbean), 18
                                                    117 of the MMPA (16 U.S.C. 1386).                       remaining Alaska region stocks can be                 reports for 44 stocks were updated. Of
                                                    Following publication of this rule, we                  found in the final 2015 reports (Muto et              the updated stocks, 32 stocks are
                                                    will conduct a review of humpback                       al., 2016).                                           ‘‘strategic,’’ and 12 are ‘‘non-strategic.’’
                                                    whale stock delineations in waters                         Most revisions to the Alaska SARs                     All stocks were reviewed and reports
                                                    under the jurisdiction of the United                    included updates of abundance and/or                  for the following strategic stocks were
                                                    States to determine whether any stocks                  M/SI estimates, including revised                     revised for 2016: North Atlantic right
                                                    should be realigned in light of the ESA                 abundance estimates for both the                      whale, Western Atlantic; humpback
                                                    DPSs established herein. Until such                     western and eastern U.S. Steller sea lion             whale, Gulf of Maine; fin whale,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    time as the MMPA stock delineations                     stocks; northern fur seal, eastern Pacific;           Western North Atlantic (WNA); sei
                                                    are reviewed, because we cannot                         beluga whale, Cook Inlet; bearded seal,               whale, Nova Scotia; short-finned pilot
                                                    manage one portion of a stock as                        Alaska; ringed seal, Alaska; and fin                  whale, WNA; and 27 Gulf of Mexico
                                                    depleted and another portion as not                     whale, Northeast Pacific stocks. The                  bay, sound, and estuary common
                                                    depleted under the MMPA, we will treat                  following SARs include the abundance                  bottlenose dolphin stocks. Two stocks,
                                                    existing MMPA stocks that fully or                      estimates from partial surveys as the                 the WNA stocks of short-finned and
                                                    partially coincide with a listed DPS as                 Nmin, along with statements that the                  long-finned pilot whales, changed from
                                                    depleted and stocks that do not fully or                underestimated Nmins are not reliable;                ‘‘non-strategic’’ to ‘‘strategic’’ this year


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                                                                                 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices                                                70099

                                                    because the mean annual human-caused                    caused mortality and serious injury is                the transect line, in different survey
                                                    mortality and serious injury exceeds                    now below PBR, and the stock has                      conditions (Beaufort sea state) (Barlow
                                                    PBR; the Gulf of Maine humpback                         changed from ‘‘strategic’’ to ‘‘non-                  2016). An analysis found that g(0)
                                                    whale stock has changed from                            strategic.’’ The Atlantic SRG will                    decreases as Beaufort sea state increases,
                                                    ‘‘strategic’’ to ‘‘non-strategic.’’                     discuss the recovery factor for this stock            even for visually conspicuous species.
                                                       Reports for the following non-strategic              at its February 2017 meeting.                         The following stocks reflect these
                                                    stocks were revised for 2016: Minke                        Abundance estimates for the minke                  abundance (and PBR) changes: Kogia
                                                    whale, Canadian east coast; Risso’s                     whale Canadian east stock and short-                  spp.; Dall’s porpoise, CA/OR/WA;
                                                    dolphin, WNA; Atlantic white-sided                      beaked common dolphin WNA stock are
                                                                                                                                                                  Northern right whale dolphin, CA/OR/
                                                    dolphin, WNA; short-beaked common                       substantially lower than what was
                                                                                                                                                                  WA; Pacific white-sided dolphin, CA/
                                                    dolphin, WNA; harbor porpoise, Gulf of                  reported in the 2015 SARs. This is
                                                    Maine/Bay of Fundy; harbor seal, WNA;                   because the new estimates exclude data                OR/WA; Risso’s dolphin, CA/OR/WA;
                                                    gray seal, WNA; rough-toothed dolphin,                  from the 2007 Canadian Trans-North                    striped dolphin, CA/OR/WA; short-
                                                    Northern Gulf of Mexico; pygmy sperm                    Atlantic Sighting Survey, as they were                beaked common dolphin, CA/OR/WA;
                                                    whale, WNA; dwarf sperm whale, WNA;                     more than eight years old. Thus, the                  long-beaked common dolphin, CA/OR/
                                                    and common bottlenose dolphin, WNA                      revised estimates for these stocks should             WA; short-finned pilot whale, CA/OR/
                                                    offshore. Information on the remaining                  not be interpreted as a decline in                    WA; fin whale, CA/OR/WA; and minke
                                                    Atlantic region stocks can be found in                  abundance of these stocks, as previous                whale, CA/OR/WA.
                                                    the final 2015 reports (Waring et al.,                  estimates are not directly comparable to                 A new methodology was applied to
                                                    2016).                                                  the new estimates.                                    bycatch estimated for some coastal
                                                       Most revisions to the Atlantic SARs                                                                        Pacific stocks. Recent work shows that
                                                    included updates of abundance and/or                    Pacific Reports
                                                                                                                                                                  estimates of carcass recovery (0.25, 95
                                                    M/SI estimates. New abundance                              In the Pacific region (waters along the
                                                                                                            west coast of the United States, within               percent confidence interval =
                                                    estimates are available for the North
                                                                                                            waters surrounding the main and                       0.20¥0.33) for an extremely-coastal
                                                    Atlantic right whale, Western Atlantic;
                                                    minke whale, Canadian east stock;                       Northwestern Hawaiian Islands (NWHI),                 dolphin population suggests that
                                                    short-beaked common dolphin, WNA                        and within waters surrounding U.S.                    observed anthropogenic mortality
                                                    stock; and common bottlenose dolphin,                   territories in the Western Pacific), SARs             values of dolphins in this region derived
                                                    Sarasota Bay, Little Sarasota Bay. The                  were revised for 23 stocks under NMFS                 from strandings should be corrected to
                                                    following common bottlenose dolphin,                    jurisdiction (8 ‘‘strategic’’ and 15 ‘‘non-           account for unobserved mortality
                                                    Gulf of Mexico bay, sound, and estuary                  strategic’’ stocks). All stocks were                  (Carretta et al., 2016b). Therefore,
                                                    stocks no longer have usable abundance                  reviewed and reports for the following                within the draft SARs involving
                                                    and/or PBR estimates because the                        ‘‘strategic’’ stocks were revised for 2016:           dolphins along the U.S. West Coast,
                                                    survey data on which they are based are                 Hawaiian monk seal; killer whale,                     human-related deaths and injuries
                                                    more than eight years old and no longer                 Eastern North Pacific Southern                        counted from beach strandings are
                                                    considered unreliable (per NMFS                         Resident; false killer whale, Main                    multiplied by a factor of four to account
                                                    Guidelines for Assessing Marine                         Hawaiian Islands (MHI) Insular; false                 for the non-detection of most carcasses.
                                                    Mammal Stocks): Choctawhatchee Bay;                     killer whale, Hawaii Pelagic; humpback                This correction factor affected the M/SI
                                                    St. Joseph Bay; St. Vincent Sound,                      whale, California/Oregon/Washington                   for the following stocks: harbor
                                                    Apalachicola Bay, St. George Sound;                     (CA/OR/WA); fin whale, CA/OR/WA;                      porpoise, Washington inland waters;
                                                    Waccasassa Bay, Withalacoochee Bay,                     sei whale, Eastern North Pacific; and                 Risso’s dolphin, CA/OR/WA; striped
                                                    Crystal Bay; St. Joseph Sound,                          Guadalupe fur seal, Mexico to
                                                                                                                                                                  dolphin, CA/OR/WA; short-beaked
                                                    Clearwater Harbor; Tampa Bay; Estero                    California. Reports for the following
                                                                                                            ‘‘non-strategic’’ stocks were revised for             common dolphin, CA/OR/WA; long-
                                                    Bay; Chokoloskee Bay, Ten Thousand
                                                                                                            2016: False killer whale, NWHI; harbor                beaked common dolphin, CA/OR/WA;
                                                    Islands, Gullivan Bay; Whitewater Bay;
                                                    and Florida Keys (Bahia Honda to Key                    porpoise, Washington inland waters;                   bottlenose dolphin, California coastal;
                                                    West).                                                  Dall’s porpoise, CA/OR/WA; Pacific                    and bottlenose dolphin, CA/OR/WA
                                                       As a result of the humpback whale                    white-sided dolphin, CA/OR/WA;                        offshore.
                                                    ESA listing rule (81 FR 62259;                          Risso’s dolphin, CA/OR/WA; common                        Additional stocks with updated
                                                    September 8, 2016), the Gulf of Maine                   bottlenose dolphin, California Coastal;               abundance and/or M/SI estimates
                                                    stock of humpback whales is no longer                   common bottlenose dolphin, CA/OR/                     include: Harbor porpoise, Washington
                                                    considered ESA listed or depleted. In                   WA Offshore; striped dolphin, CA/OR/                  inland waters; Guadalupe fur seal,
                                                    the previous SAR, the recovery factor                   WA; short-beaked common dolphin,                      Mexico to California; Hawaiian monk
                                                    was 0.1 because this stock was listed as                CA/OR/WA; long-beaked common                          seal; killer whale, Eastern North Pacific
                                                    an endangered species under the ESA.                    dolphin, California; Northern right                   Southern Resident; humpback whale,
                                                    In the draft 2016 SAR, the recovery                     whale dolphin, CA/OR/WA; short-                       CA/OR/WA; sei whale, Eastern North
                                                    factor was revised to 0.5, the default                  finned pilot whale, CA/OR/WA; pygmy                   Pacific; false killer whale, Hawaii
                                                    value for stocks of unknown status                      sperm whale, CA/OR/WA; dwarf sperm
                                                                                                                                                                  pelagic; false killer whale, MHI Insular;
                                                    relative to OSP. Values other than the                  whale, CA/OR/WA; and minke whale,
                                                    defaults for any stock should usually                                                                         and false killer whale, NWHI.
                                                                                                            CA/OR/WA. Information on the
                                                    not be used without the approval of the                 remaining Pacific region stocks can be                  Dated: October 4, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    regional Scientific Review Group, and                   found in the final 2015 reports (Carretta             Donna S. Wieting,
                                                    scientific justification for the change                 et al., 2016a).                                       Director, Office of Protected Resources,
                                                    should be provided in the SAR. As the                      Several abundance estimates for                    National Marine Fisheries Service.
                                                    listing change occurred after the                       Pacific stocks were changed in the draft              [FR Doc. 2016–24404 Filed 10–7–16; 8:45 am]
                                                    February 2016 SRG Meeting, NMFS has                     2016 reports following the application
                                                                                                                                                                  BILLING CODE 3510–22–P
                                                    applied the default recovery factor of 0.5              of a new approach for estimating the
                                                    to the draft 2016 SAR. As a result, the                 g(0) parameter, the probability of
                                                    PBR increased from 2.7 to 13. Human-                    detecting an animal that is directly on


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Document Created: 2018-02-13 16:34:14
Document Modified: 2018-02-13 16:34:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesComments must be received by January 9, 2017.
ContactShannon Bettridge, Office of Protected Resources, 301-427-8402, [email protected]; Marcia Muto 206- 526-4026, [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.
FR Citation81 FR 70097 
RIN Number0648-XE78

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