83_FR_32226 83 FR 32093 - Marine Mammal Stock Assessment Reports

83 FR 32093 - Marine Mammal Stock Assessment Reports

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 133 (July 11, 2018)

Page Range32093-32099
FR Document2018-14811

As required by the Marine Mammal Protection Act (MMPA), NMFS has considered public comments for revisions of the 2017 marine mammal stock assessment reports (SAR). This notice announces the availability of the final 2017 SARs for the 75 stocks that were updated.

Federal Register, Volume 83 Issue 133 (Wednesday, July 11, 2018)
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32093-32099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14811]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF566


Marine Mammal Stock Assessment Reports

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

ACTION: Notice; response to comments.

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SUMMARY: As required by the Marine Mammal Protection Act (MMPA), NMFS 
has considered public comments for revisions of the 2017 marine mammal 
stock assessment reports (SAR). This notice announces the availability 
of the final 2017 SARs for the 75 stocks that were updated.

ADDRESSES: Electronic copies of SARs are available on the internet as 
regional compilations at the following address: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.
    A list of references cited in this notice is available at 
www.regulations.gov (search for docket NOAA-NMFS-2017-0065) or upon 
request.

FOR FURTHER INFORMATION CONTACT: Lisa Lierheimer, Office of Protected 
Resources, 301-427-8402, Lisa.Lierheimer@noaa.gov; Marcia Muto, 206-
526-4026, Marcia.Muto@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 (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 (EEZ). 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 (PBR) (defined by the MMPA as the 
maximum number of animals, not including natural mortalities, that may 
be removed from a marine mammal stock while allowing that stock to 
reach or maintain its optimum sustainable population); (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 
(SRG), reviewed the status of marine mammal stocks as required and 
revised reports in the Alaska, Atlantic, and Pacific regions to 
incorporate new information.
    NMFS updated SARs for 2017, and the revised draft reports were made 
available for public review and comment for 90 days (82 FR 60181, 
December 19, 2017). NMFS received comments on the draft 2017 SARs and 
has revised the reports as necessary. This notice announces the 
availability of the final 2017 reports for the 75 stocks that were 
updated. These reports are available on NMFS' website (see ADDRESSES).

Technical Corrections to the Final Common Bottlenose Dolphin Barataria 
Bay Estuarine System and Mississippi Sound, Lake Borgne, Bay Boudreau 
SARS

    In the draft 2017 common bottlenose dolphin Barataria Bay Estuarine 
System (BBES) and Mississippi Sound, Lake Borgne, Bay Boudreau (MS 
Sound)

[[Page 32094]]

SARs, we updated the abundance estimates but listed the recovery factor 
for both of these stocks as 0.5, which is the appropriate factor for 
stocks with unknown status (Wade and Angliss 1997). We should have 
updated the recovery factor for each stock to 0.4 because the 
coefficient of variation (CV) of the shrimp trawl mortality estimates 
for Louisiana bays, sounds, and estuaries (BSE) stocks (BBES SAR) and 
Mississippi and Alabama BSE stocks (MS Sound SAR) is greater than 0.8 
(Wade and Angliss 1997). Based on the recovery factor of 0.4, we 
recalculated PBR for both stocks; the PBR decreased from 21 to 17 for 
the BBES stock and from 29 to 23 for the MS Sound stock. In the final 
2017 SARs for these two stocks, we have updated the ``Potential 
Biological Removal'' section, as well as the Atlantic SARs Summary 
Table 1, to reflect the update in recovery factor from 0.5 to 0.4 and 
adjusted PBR values. These technical corrections do not affect the 
strategic status for either stock.

Comments and Responses

    NMFS received letters containing comments on the draft 2017 SARs 
from the Marine Mammal Commission; seven non-governmental organizations 
(Cascadia Research Collective, Center for Biological Diversity (CBD), 
Hawaii Longline Association, Humane Society Legislative Fund, The 
Humane Society of the United States, Point Blue Conservation Science, 
and Whale and Dolphin Conservation); and three individuals. Responses 
to substantive comments are below; comments on actions not related to 
the SARs are not included below. Comments suggesting editorial or minor 
clarifying changes were incorporated in the reports, but they are not 
included in the summary of comments and responses. In some cases, NMFS' 
responses state that comments would be considered or incorporated in 
future revisions of the SARs rather than being incorporated into the 
final 2017 SARs.

Comments on National Issues

    Comment 1: The Commission comments that the SARs are a valuable 
reference to scientists and managers and the parameters in the summary 
tables for each region are a vital resource for issues involving 
multiple stocks, or when managing at regional or national levels. The 
Commission notes the value of the tables would be improved if there 
were more consistency among regions in the types of information 
presented and how it is presented. The Commission recommends that NMFS 
convene a panel, including SAR authors from all three regions, to 
identify the key information to be included, decide how to present that 
information in a consistent manner in the summary tables for all 
regions, and facilitate the implementation of these changes for the 
final 2018 SARs. The Commission notes they would be interested in 
participating in the panel discussions.
    Response: We acknowledge and appreciate the Commission's 
suggestion, and agree with the Commission that consistency among the 
regions, particularly the information included in the summary tables, 
is important. We will look into convening a panel to address how the 
information we present in the summary tables for each region could be 
more consistent across the regions and would welcome the Commission's 
participation in the panel discussions. However, due to timing 
constraints for the publication of the draft and final 2018 SARs and 
other priorities, we cannot commit to setting up a panel and 
incorporating any recommended changes in time to include in the final 
2018 SARs. We will strive to have revised summary tables included in 
the draft 2019 SARs.
    Comment 2: The Humane Society of the United States, Humane Society 
Legislative Fund, and Whale and Dolphin Conservation (the 
Organizations) note that NMFS' late release of the draft 2017 SARs led 
to a situation where the draft 2018 SARs were drafted and reviewed by 
the SRGs prior to the finalization of the 2017 reports. The 
Organizations argue that this overlap in timing of the SARs did not 
allow the agency an opportunity to meaningfully consider public 
comments on the draft 2017 SARs before developing the 2018 reports. The 
Organizations argue that NMFS has failed to make its draft stock 
assessments ``based on best scientific information available'' and has 
repeatedly failed to meaningfully consider the advice of SRGs and the 
best available science when publishing its final stock assessments. The 
Organizations suggest that in order to properly consider public 
comment, SRG input, and best available science, NMFS should follow the 
following timeline each year: NMFS sends the draft SARs for the current 
year to the SRGs early in the year; the SRGs meet shortly after to 
discuss the drafts; the draft SARs are open for public comment; NMFS 
publishes the final SARs for the current year by the end of the year; 
NMFS sends the draft SARs for next year to the SRGs early the next 
year.
    Response: We acknowledge and agree with this comment regarding the 
importance of following the SAR process timeline so the current year's 
draft SARs do not overlap with the final SARs from the previous year. 
Unfortunately, the publication of the draft 2017 SARs was delayed until 
the end of the year. This was an anomaly, and we are actively working 
to publish the 2018 draft SARs in order to have the 2018 SARs 
finalized, with submitted public and SRG comments considered, by the 
end of the year (before the SRGs meet in early 2019 to review the draft 
2019 SARs).
    NMFS respectfully disagrees with the Organizations' statement that 
we do not meaningfully consider the comments we receive from the public 
or the recommendations made by the SRGs. We carefully consider and 
respond to all substantial comments we receive from the public and the 
SRGs on the draft SARs and incorporate any revisions into the final 
SARs. In the event that a report changes substantively as a result of 
public comment after the SRG has reviewed the next cycle's draft 
reports, we would provide the SRGs an opportunity to review such 
changes.
    Comment 3: The Hawaii Longline Association (HLA) continues to 
assert that the SARs are not based upon the best available scientific 
information because they are based upon data that are at least two 
years old--even when new, relevant data are otherwise available. NMFS 
has yet to provide a credible justification for continuing the present 
two-year delay in the use of information. HLA maintains that the MMPA's 
requirement that the SARs be based on the ``best scientific information 
available'' is not being met as the SARs do not incorporate the most 
recent marine mammal interaction information that has been reported by 
observers and for which the agency has made a serious or non-serious 
injury determination. HLA notes that for marine mammal interaction 
purposes, those data are the best available, and yet NMFS does not 
report it.
    Response: As noted in previous years, the marine mammal SARs are 
based upon the best available scientific information, and NMFS strives 
to update the SARs with as timely data as possible. In order to develop 
annual mortality and serious injury estimates, we do our best to ensure 
all records are accurately accounted for in that year. In some cases, 
this is contingent on such things as bycatch analysis, data entry, and 
assessment of available data to make determinations of severity of 
injury, confirmation of species based on morphological and/or molecular 
samples collected, etc. Additionally, the SARs incorporate injury 
determinations that have been assessed pursuant to the NMFS 2012 Policy 
and Procedure for

[[Page 32095]]

Distinguishing Serious from Non-Serious Injury of Marine Mammals (NMFS 
2012), which requires several phases of review by the SRGs.
    Reporting on incomplete annual mortality and serious injury 
estimates could result in underestimating actual levels. The MMPA 
requires us to report mean annual mortality and serious injury 
estimates, and we ensure that we are accounting for all available data 
before we summarize those data. With respect to abundance, in some 
cases we provide census rather than abundance estimates, and the 
accounting process to obtain the minimum number alive requires two 
years of sightings to get a stable count, after which the data are 
analyzed and entered into the SAR in the third year. All animals are 
not seen every year; waiting two years assures that greater than 90 
percent of the animals still alive will be included in the count. As a 
result of the review and revision process, data used for these 
determinations typically lag two years behind the year of the SAR.

Comments on Alaska Issues

    Comment 4: The Commission notes that information on subsistence 
hunting and harvest is becoming increasingly important in light of the 
pace of changes occurring in the Arctic and sub-Arctic. Over the past 
several years, the Commission has repeatedly recommended that NMFS 
improve its monitoring and reporting of subsistence hunting and harvest 
in collaboration with its co-management partners. The Commission 
appreciates the updates made by NMFS to the SARs in response to these 
recommendations and encourages NMFS to continue to provide updated 
information whenever it becomes available, even if it pertains only to 
a limited number of villages or a subset of years.
    The Commission states that tracking the numbers of marine mammals 
successfully hunted as well as the numbers struck and lost, is critical 
to the management of harvested stocks. The Commission noted that the 
struck and lost data in the U.S. subsistence harvest information for 
four stocks of beluga whales in the draft 2017 SARs was absent, 
presumably due to ``inconsistences in reporting.'' The Commission 
encourages the inclusion of all available data, with any uncertainties 
or needed explanations about the values noted in the SAR, and 
recommends that NMFS include all available data in the SARs and clearly 
delineate landings, struck and lost, and total numbers harvested for 
each beluga whale stock. In addition, the Commission recommends that 
NMFS work with the Alaska Beluga Whale Committee to improve the 
completeness of and consistency in reporting harvest data, with a focus 
on struck and lost information for these stocks.
    Response: We are actively working to improve reporting of struck 
and lost animals associated with beluga whale subsistence harvests. 
NMFS works closely with the Alaska Beluga Whale Committee, and there is 
consensus that collecting information on struck and lost animals, along 
with the numbers of harvested beluga whales, is important to document. 
We will continue to coordinate with the Alaska Beluga Whale Committee 
to improve this reporting so we can include these data in future SARs.
    Comment 5: The Commission referenced their previous comments on 
draft SARs for the Southeast Alaska (SEAK) stock of harbor porpoise and 
noted that the harbor porpoise abundance estimates were calculated 
using an assumption that g(0) (the probability of detection on the 
trackline) was 1.0, which they stated is almost certainly not adequate. 
They noted the agency had responded that preliminary data had been 
collected on g(0) and recommended that this information should be used 
in lieu of an assumption of 1.0; if this is not possible, the 
Commission recommended that NMFS choose a value from a study, or 
studies, that most closely matches the SEAK population and survey in 
terms of factors that most significantly influence g(0).
    Response: The Alaska Fisheries Science Center's (AFSC) Marine 
Mammal Laboratory attempted to conduct an experiment to estimate g(0) 
during their 2012 vessel survey of harbor porpoise in Southeast Alaska. 
Unfortunately, the analysis of the preliminary data indicated that the 
sample size from the survey was insufficient to compute g(0). In the 
absence of a g(0) specific to surveys of Southeast Alaska harbor 
porpoise, the AFSC will select an appropriate value of g(0) from 
similar surveys of other harbor porpoise populations to compute new 
abundance estimates from the 2010-2012 data for the inland waters of 
Southeast Alaska and for the northern and southern regions of the 
inland waters. After review by the Alaska Scientific Review Group, we 
will include these new estimates (and corresponding values for 
NMIN and PBR) in the draft 2019 Southeast Alaska harbor 
porpoise SAR.
    Comment 6: The Commission notes that for several years, NMFS has 
been reporting an M/SI estimate for the SEAK population of harbor 
porpoises based on data obtained by fisheries observers from the 
Yakutat salmon set gillnet fishery in 2007 and 2008, and from the SE 
Alaska salmon drift gillnet fishery in 2012 and 2013 (Districts 6, 7 
and 8, only). That M/SI estimate, of 34 porpoises per year, is 
considered to be a minimum because observations did not cover all the 
gillnet fisheries with the potential to take SEAK harbor porpoises. In 
addition, the estimate is imprecise (aggregate CV = 0.77) because of 
the very low observer coverage rates on which it is based (5.3 to 7.6 
percent per year).
    Prior to 2017, because of the substantial uncertainty in M/SI 
estimates, NMFS classified the SEAK harbor porpoise stock as 
``strategic'' under the MMPA. In the draft 2017 SAR, NMFS proposed 
classifying the stock as ``strategic'' in light of the large difference 
between the estimated M/SI and the calculated PBR. Because of the bias 
in PBR associated with the g(0) estimate described above, the problem 
could be less severe than it appears or, because of the incomplete 
observer coverage, it could be worse. Additionally, knowledge of other 
harbor porpoise populations and preliminary research results presented 
at the 2018 Alaska SRG meeting suggest that it is quite possible that 
what currently is delineated as the SEAK harbor porpoise stock in fact 
consists of two or more stocks. Until the stock structure, and the PBR 
and M/SI for each stock, are known with more certainty, the magnitude 
of the threat posed by gillnet fishing will not be fully apparent. In 
any case, applying the best available science and taking into account 
the uncertainty in the assessment, it is most likely that the level of 
take of SEAK harbor porpoises by gillnet fisheries is unsustainable.
    Response: We acknowledge the Commission's comment and agree that we 
cannot fully understand the magnitude of the threat until we acquire 
more information on stock structure, M/SI, and PBR. NMFS will continue 
to pursue avenues to better understand these parameters.
    Comment 7: The Commission states that the uncertainty of the 
seriousness of the Southeast Alaska harbor porpoise bycatch problem 
centers on three factors: (1) Statistical uncertainty in the bycatch 
rate, (2) bias in the value of PBR, and (3) uncertainty regarding stock 
structure. To address these issues, the Commission recommends that 
NMFS: (1) Provide funding and work with the State of Alaska to increase 
observer coverage throughout all gillnet fisheries in SEAK to a level 
that will produce a bycatch estimate with a CV less than 0.3; (2) 
improve the accuracy of the

[[Page 32096]]

abundance estimate by using the best available estimate of g(0) for 
this population or an appropriately selected estimate from a similar 
population; and (3) continue to give high priority to funding and 
conducting innovative eDNA investigations of SEAK harbor porpoise stock 
structure by the Alaska Fisheries Science Center.
    Response: NMFS agrees with the Commission's recommendations. (1) 
While we recognize the need for more current observer coverage of 
State-managed fisheries, we do not currently have the funds necessary 
for the Alaska Marine Mammal Observer Program or a similar program that 
could provide these insights into marine mammal M/SI associated with 
these fisheries; (2) the AFSC will select an appropriate value of g(0) 
from similar surveys of other harbor porpoise populations to improve 
the accuracy of the abundance estimates for harbor porpoise in the 
inland waters of Southeast Alaska; and (3) NMFS agrees that funding 
research on eDNA investigations of Southeast Alaska harbor porpoise 
stock structure is a high priority and hopes to support this work at 
some level in FY18.

Comments on Atlantic Issues

    Comment 8: The Commission notes that in the Gulf of Mexico Bryde's 
Whale SAR, the Stock Definition section was revised to include 
information on acoustic detections in addition to visual sightings, but 
it did not include citations for the acoustic detections. 
[Scaron]irovi[cacute] et al. (2013), Rice et al. (2014), and possibly 
Soldevilla et al. (2017) are three recent studies that reported on 
acoustic detections of Bryde's whales. The Commission recommends that 
NMFS include the source documents for acoustic detections of Bryde's 
whales in the Gulf of Mexico and update the map and caption for Figure 
1 in the SAR accordingly.
    Response: NMFS has added the additional citations regarding 
acoustic detections of Bryde's whales to the Gulf of Mexico Bryde's 
Whale SAR. We have not updated the map with locations of acoustic 
detections (deployment locations for Marine Autonomous Recording Units 
and sonobuoys that recorded whale vocalizations) because this 
information would not alter what we know about Bryde's whale spatial 
distribution at this time.
    Comment 9: The Commission points out that the Habitat Issues 
section of the Gulf of Mexico Bryde's Whale SAR states that the 
estimated mortality of Bryde's whales from the Deepwater Horizon oil 
spill was 3.8 whales between 2011 and 2015, based on population 
modeling. The Commission recommends that NMFS report the estimate of 
oil spill-caused mortality of 3.8 whales in the Human-Caused Mortality 
and Serious Injury section of the Bryde's whale SAR to clarify how NMFS 
derived an annual mean mortality of 0.7 whales per year for the period 
2011-2015, based solely on the reported 22 percent decline in abundance 
as a result of the oil spill. The Commission also recommends that NMFS 
add a statement to the Current Population Trend section to reflect the 
projected 22 percent decline in population size resulting from the 
spill, as was done for the Barataria Bay bottlenose dolphin stock.
    Response: We have taken the Commission's recommendation and 
expanded the Other Mortality text within the Annual Human-Caused 
Mortality and Serious Injury section to clarify that the 0.8 (corrected 
from 0.7) annual mean mortality is derived from the mortality estimate 
of 3.8 whales for the period 2011-2015 due to the Deepwater Horizon oil 
spill. However, we have not made any further edits to the Current 
Population Trend section as this section already makes a statement 
regarding the 22 percent decline in population size.
    Comment 10: One commenter pointed out that North Atlantic right 
whales and Gulf of Maine Humpback whales have undergone ``significant 
mortality events'' in the past year(s) which do not appear to be 
included in the M/SI estimates in the 2017 SARs.
    Response: See response to Comment 3. The 2017 SAR covers data from 
2011-2015. Mortality events in 2016 will first appear in the 2018 SARs, 
and those from 2017 will appear in the 2019 SARs. We will make an 
exception in the North Atlantic right whale 2018 SAR and include the 
unusual number of events in 2017 in the text, but these events will not 
be included in the table or in estimates of mortality until the 2019 
SAR.
    Comment 11: One commenter suggested inclusion of data on the 
shifting baseline in the marine environment and habitat factors in the 
SARs for North Atlantic right whale and Gulf of Maine humpback whales, 
analogous to the Essential Fish Habitat component for fisheries 
management used under the Magnuson-Stevens Sustainable Fisheries Act. 
This type of data could provide insights on changes in distribution/
abundance in space/time. The shifting baseline phenomenon from 
increased human usage and environmental changes requires some type of 
dynamic component to the SAR models which would allow confidence 
intervals for the abundance and M/SI values.
    Response: NMFS thanks the commenter for raising concerns about the 
shifting baseline phenomenon and the importance of including habitat 
factors and note that we are taking these issues into consideration in 
our modeling approaches. For example, we are currently working on 
seasonal habitat models for all cetaceans that may be useful in 
tracking humpback, fin and sei whale area use patterns because they are 
based on malleable oceanographic features.

Comments on Pacific Reports

    Comment 12: The Commission notes that NMFS has reported a 
substantial recent increase in the number of entanglements of humpback 
and blue whales on the West Coast. Prior to 2015, no entanglements of 
blue whales had been reported, but 12 blue whale entanglements were 
confirmed between 2015 and 2017. From 1982 to 2013, the number of 
confirmed West Coast entanglements of humpback whales averaged 2.1 
animals per year. The Commission stresses that the substantial number 
of entanglements of humpback whales that have occurred recently on the 
West Coast is a matter of concern and may reflect a problem that has 
gone undetected for much longer.
    The Commission points out that with the addition of M/SI from other 
causes (e.g., entanglements in other gear types and ship strikes), the 
average confirmed M/SI over 2011-2015 was 9.2 whales per year, which is 
very close to the PBR of 11 whales for this stock. Considering 
undetected entanglements, the average M/SI of humpback whales almost 
certainly was greater than PBR for this period. The uncertainty 
associated with undetected M/SI is compounded by undetected ship 
strikes. Two recent publications (Rockwood et al., 2017 and Nichol et 
al., 2017) assessing large-whale ship-strike risk on the West Coast 
were not cited in the draft 2017 Pacific SARs.
    The MMPA requires SARs for strategic stocks be reviewed at least 
annually and updated when necessary, as in the case of a significant 
increase in M/SI. Given recent increases in entanglements and in M/SI, 
the Commission notes the delay in reviewing these two stocks is 
unacceptable and recommends that NMFS either incorporate the best 
available science into the 2017 SARs or prepare draft 2018 SARs for the 
West Coast humpback and blue whale stocks, to be reviewed 
intersessionally by the Pacific SRG, so that they can be included in 
the final 2018 SARs.

[[Page 32097]]

    Response: We acknowledge and appreciate the Commission's concerns. 
The publication of the Rockwood et al. (2017) vessel strike estimates 
occurred after the draft 2017 SARs had been submitted for agency 
clearance. We have updated the final 2017 SARs to note the availability 
of these new estimates, and we will incorporate the results of those 
vessel strike estimates into the draft 2018 SARs for both humpback and 
blue whales.
    Comment 13: Point Blue and Cascadia Research suggest that NMFS 
incorporate the results from their recent publication (Rockwood et al., 
2017) on the assessment of mortality from ship strikes for both blue 
and humpback whales into the 2017 SARs. This publication uses a new 
approach to estimate one of the key parameters regarding ship strike 
mortality, the underreporting rate, and shows that based on this new 
analysis (that is consistent with other data on recovery rates) ship 
strike mortality is being severely under estimated. They note the SARs 
have acknowledged that documented cases of ship strikes are certain to 
be underestimates of the true number of deaths, and assert that their 
research provides a metric for how many ship strike deaths actually 
occur relative to the number documented. Rockwood et al. (2017) reports 
a best conservative estimate of 18 blue and 22 humpback whale deaths 
per 6-month season. Based on these predictions and the average annual 
strike reports from 2006-2016 (1.0 for blue and 1.4 for humpback 
whale), they calculated that 95 percent of blue whale and 94 percent of 
humpback whale strike deaths go undocumented. Given the uncertainty in 
accounting for whale collision avoidance, they also calculated strike 
mortality in the case of no avoidance, producing estimates of 40 blue 
and 48 humpback whale deaths. In addition, Point Blue notes that the 
lack of detected blue whale strike deaths from 2011-2015 results in an 
assumption of zero strike mortality and a determination that the 
current level of serious injury and mortality is less than 10 percent 
of PBR. They stress that the Rockwood et al. (2017) results should be 
included in the 2017 SAR since it provides evidence that blue whale 
ship strike mortality is almost certainly ongoing and well above zero.
    Response: See response to Comment 12.
    Comment 14: Cascadia Research notes the CA/OR/WA humpback whale SAR 
does not include that in addition to the underestimated ship strike 
mortality, fishery mortality is also being dramatically underestimated 
based on information available at the time of the draft document that 
would certainly put this overall stock well above PBR. Entanglement 
mortality of humpback whales off California went through a dramatic 
increase starting in 2015 and continuing through 2016 and 2017. Fishery 
mortality in the draft SAR is based on a 5-year average through 2015 so 
only includes one of these three years of elevated mortality in the 5-
year average. Cascadia Research suggests the SAR should mention this 
increased mortality known for those added years and that new 
calculations conducted in a similar fashion with the known 2016 or 2017 
entanglements would have put the 5-year average above the PBR. Further, 
like ship strike mortality, observed entanglement rates dramatically 
underestimate true mortality and no correction for this underreporting 
is made in the SAR. The concerns above that would result in mortality 
exceeding PBR do not include this under-reporting and compound the 
downward bias to how this is represented in the SAR.
    Response: See response to Comment 3. The review cycle for the draft 
2017 SARs results in data through 2015 being available for 
incorporation into the draft reports. Entanglement data through 2016 
will be incorporated into the draft 2018 SARs for blue and humpback 
whales.
    Comment 15: Cascadia Research notes that the humpback whale SAR may 
give the mistaken impression that the new status of humpback whales 
under the ESA may change how the PBR's are calculated and alter the 
mortality exceeding PBR. However, they suggest that as the small 
endangered Central America humpback whale DPS is made up almost 
entirely of whales that feed off the California coast, the observed 
mortality will exceed PBR in future years due to the California 
entanglements regardless of how the new calculations are made.
    Response: As described in our Federal Register notice requesting 
comments on the Draft 2017 Marine Mammal Stock Assessment Reports (82 
FR 60181, December 19, 2017), NMFS is currently in the process of 
reviewing stock structure under the MMPA for all humpback whales in 
U.S. waters, following the change in ESA listing for the species in 
2016, to determine whether we can align the stocks with the DPSs under 
the ESA. The most current SAR does not delineate a Central America DPS 
of humpback whales as a stock under the MMPA. Until such time that the 
humpback whale stock structure under the MMPA with respect to the ESA 
listing has been completed, we are retaining the current stock 
delineations and it is premature to hypothesize calculations of PBR in 
future years. Any changes in stock delineation or MMPA section 117 
elements (such as PBR or strategic status) will be reflected in future 
stock assessment reports.
    Comment 16: CBD comments that NMFS is required to review and 
incorporate new scientific information in the stock assessments and 
revise the assessment for strategic stocks, such as the humpback whale, 
at least annually. While NMFS began the process to examine the stock 
structure in the spring of 2016, including considering revising the 
stock assessment to incorporate information about the breeding 
population, it has not finalized its analysis. CBD stresses that NMFS 
should not further delay publishing a final revision to the humpback 
whale stock assessment report in accordance with the best available 
science to reflect the distinct population segments off the U.S. West 
Coast. They note the practical implication of the delay is that ship 
strikes and fisheries continue without adequate mitigation, including 
recategorizing West Coast pot and trap fisheries, which present the 
largest known fisheries threat to humback whales, as ``Category I.'' 
CBD asserts that assessing PBR at the level of the distinct population 
segment (DPS) is more informative for determining the population impact 
of the effect of ship strikes on humpback whales.
    Response: We agree that revising the stock structure for humpback 
whales is a high priority; however, the process of reviewing stock 
structure under the MMPA has taken longer than anticipated. See 
response to Comment 15 above.
    Comment 17: CBD comments that humback whale stocks on the West 
Coast should correspond to the distinct population segments (as listed 
under the Endangered Species Act in 2016) and the Mexico and Central 
America DPSs should not be considered in one stock. They assert that to 
protect the precariously low abundance of Central America humpback 
whales, the PBR for whales off California, Oregon and Washington should 
be based on the abundance of the Central America DPS (a PBR level of 
0.8), and all injury and mortality of humpback whales that occurs off 
California should be assigned to the Central America DPS. CBD is 
concerned that the delay in action jeopardizes the future of humpback 
whales in the Central America distinct population segment and 
recommends that NMFS revise the draft stock assessment to show that at 
a maximum,

[[Page 32098]]

the smallest stock of humpback whales on the West Coast has no more 
than 411 individuals.
    Response: As described in our response to Comment 15 above, we are 
in the process of reviewing the MMPA humpback whale stock delineations; 
until such time that the humpback whale stock structure under the MMPA 
with respect to the ESA listing has been completed, we are treating 
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 continue to treat the California/Oregon/Washington 
stock as endangered and depleted. Currently, there is no Central 
America DPS stock of marine mammals delineated under the MMPA.
    Comment 18: CBD requests that the final stock assessment report for 
Southern Resident Killer whales accurately reflects the recent decline 
and alarmingly low population. The death of the two-year-old male orca 
known as ``J52'' was confirmed in September 2017 by the Center for 
Whale Research, which reported malnutrition as the likely cause. The 
population of critically endangered Southern Resident killer whales, 
which makes its home in Puget Sound and migrates along the West Coast, 
dipped from 83 in 2016 to only 76 by the end of 2017. This change 
represents the biggest decline in population from year-to-year ever 
recorded. CBD suggests that especially in light of the decline, NMFS 
should update the draft SARs to ensure it contains accurate and timely 
information.
    Response: NMFS drafted the 2017 SAR before the end-of-year 2017 
population size estimates were available. We will include new estimates 
in the draft 2018 SAR for southern resident killer whales.
    Comment 19: The HLA recognizes that the false killer whale draft 
2017 SAR appropriately calculates separate M/SI rates for only the 
years 2013 through 2015, so that the fisheries, as currently managed, 
can be more accurately evaluated against the relevant PBRs. However, 
HLA reiterates that NMFS should eliminate the five-year look-back 
period and report only data generated after the False Killer Whale Take 
Reduction Plan (FKWTRP) regulations became effective, and the data 
prior to 2013 should no longer be used because it is no longer part of 
the best available scientific information.
    HLA suggests that, at a minimum, NMFS should not continue to use 
pre-2013 data for the Main Hawaiian Islands Insular FKW Stock (Insular 
Stock) and asserts that the TRP has resulted in decreased interactions 
with the Insular Stock because (i) the TRP regulations closed the 
fishery to almost all of the Insular Stock's range, (ii) effort in the 
Insular Stock's range has drastically reduced to almost zero as a 
consequence, and (iii) the fishery has had zero interactions with the 
Insular Stock since 2013. They stress that this is the situation 
contemplated by the Guidelines for Assessing Marine Mammal Stocks 
(GAMMS), which recommends ``if within the last five years the fishery 
has changed (e.g., fishing effort or the mortality rate per unit of 
fishing effort has changed), it would be more appropriate to use only 
the most recent relevant data to most accurately reflect the current 
level of annual mortality.'' HLA states that if NMFS continues to 
regulate the deep-set fishery as if it has interactions with the 
insular stock, it will undermine any TRT discussions regarding the 
Insular Stock and HLA may also be forced to reconsider its position on 
the Insular Stock closure.
    Response: NMFS has responded to similar versions of this comment 
previously. As noted in prior responses, if there have been significant 
changes in fishery operations that are expected to affect incidental 
mortality rates, such as the 2013 implementation of the FKWTRP, the 
GAMMS (NMFS 2016) recommend using only the years since regulations were 
implemented. The SAR contains information preceeding and following the 
FKWTRP, 2008-2012 and 2013-2015 respectively, and reports M/SI for 
these two time periods as well as the most recent 5-year average. Both 
the 3 year post-TRP average take rate, as well as the 5-year average 
that spans the period before and after the TRP, indicate the pelagic 
stock fishery take is below PBR; and, therefore, the stock is not 
considered strategic. NMFS continues to report the 5-year average in 
the Status of Stock section for the pelagic stock because various 
assessments of FKWTRP effectiveness note that neither overall take rate 
nor the rate of non-serious injury for the pelagic stock are 
significantly reduced through the implementation of the FKWTRP. NMFS 
does agree with HLA that the expanded longline exclusion area 
implemented under the FKWTRP offers near complete protection to this 
stock from interactions with the longline fishery, and as such has 
modifed the Status of Stock section for this stock to reflect this 
change.
    Comment 20: The HLA notes that for a decade (until this year) NMFS 
has reported a M/SI rate for the deep-set fishery that exceeds PBR for 
the Hawaii pelagic false killer whale stock (``pelagic stock''). 
However, the best available information suggests that the number of 
false killer whales in the Hawaii EEZ has not declined during the same 
time that the supposedly unsustainable M/SI rate was occurring. The HLA 
disagrees with the M/SI levels reported in the draft SAR and with NMFS' 
conclusion that the vast majority of all fishery interactions with the 
pelagic stock cause injuries that ``will likely result in mortality.'' 
If that were the case, then after a decade or more of allegedly 
unsustainable levels of take, there would be some evidence of a 
declining pelagic stock abundance. No such evidence exists. The HLA 
recommends that the draft SAR expressly recognize this discrepancy, and 
NMFS should revisit the manner in which it determines M/SI for false 
killer whale interactions.
    Response: This comment has been addressed previously (see 78 FR 
19446, April 1, 2013, comments 45 and 51; 79 FR 49053, August 18, 2014, 
comment 26; 80 FR 50599, August 20, 2015, comment 34; 81 FR June 14, 
2016, comment 44; and 82 FR June 27, 2017, comment 44). The comment 
contends that the stock abundance has not declined in over a decade and 
attributes this persistence of false killer whales despite high levels 
of fishery mortality to NMFS' improper assessment of the severity of 
injuries resulting from fisheries interactions, improper assessment of 
population abundance and trend, or both. Assessment of injury severity 
under NMFS' 2012 serious injury policy (NMFS 2012) has been discussed 
in numerous previous comment responses and is based on the best 
available science on whether a cetacean is likely to survive a 
particular type of injury. Further study of false killer whales would 
certainly better inform the assigned outcomes; but, until better data 
become available, the standard established in the NMFS 2012 policy on 
distinguishing serious from non-serious injuries will stand. Further, 
assessments of pelagic false killer whale population trend are 
inappropriate for several reasons: (1) The entire stock range is 
unknown, but certainly extends beyond the Hawaii EEZ, such that the 
available abundance estimates do not reflect true population size; (2) 
there have been only two surveys of the entire Hawaii EEZ, an 
insufficient number to appropriately assess trend, shifts in 
distribution, or any examination of false killer whale population 
health; and (3) the available survey data were collected with different 
protocols for assessing

[[Page 32099]]

false killer whale group size, a factor that will significantly impact 
the resulting abundance estimates. A robust assessment of population 
trend will require additional data and inclusion of environmental 
variables that influence false killer whale distribution and the 
proportion of the population represented within the survey area during 
each survey period.
    Comment 21: The HLA notes that the draft false killer whale SAR 
updates the Insular Stock population estimate to 167 based upon an 
unpublished paper by Bradford et al., which concludes that the 
population size of the Insular Stock of false killer whales in certain 
study areas has consistently ranged between 144 and 187 animals over a 
16-year period. However, in reporting 167 as the population size for 
the Insular Stock, the Draft SAR states that the Bradford et al. annual 
estimate ``represents only the animals present in the study area within 
that year.'' HLA suggests that, if the reported 2015 abundance estimate 
of 167 applies only to a study area that is smaller than the range of 
the Insular Stock of false killer whales, then the actual abundance of 
the entire Insular Stock must be some amount higher than 167. HLA 
states that they are unable to sufficiently comment on this issue 
because the Bradford et al. paper is unpublished and not available for 
public review.
    Response: NMFS notes that although the abundance estimates provided 
in Bradford et al. are limited to the number of animals in the survey 
area in each survey year, they are still the best available estimates 
of population size. The new estimates account for many sources of 
potential bias, and although we expect that limiting estimates to the 
surveyed area for a given year does likely result in an under 
estimation of abundance in years when the surveyed area is smaller than 
the stock area, we do not have sufficient information to correct annual 
estimates for the extent of the survey area. NMFS feels the use of 
estimates derived from the best available data spanning 15 years of 
surveys is far better than use of catalog size, the previous metric for 
the minimum population estimate (Nmin) in the Main Hawaiian Islands 
(MHI) insular false killer whale SAR. Further, the Nmin derived from 
the new mark-recapture estimates meets the definition of Nmin provided 
within the GAMMS (NMFS 2016). Although cited as ``in review,'' the 
Bradford et al. paper was reviewed by the Pacific SRG at its 2017 
meeting and is currently in review for journal publication.
    Comment 22: The HLA incorporates by reference its more specific 
comments on previous draft SARs related to: (1) The assignment of a 
recovery factor to the pelagic stock of false killer whales, and 
continues to maintain that NMFS should apply a recovery factor to the 
pelagic stock that is greater than 0.5; (2) the 2010 Hawaiian Islands 
Cetacean Ecosystem and Assessment Survey (HICEAS) and the assumptions 
made by NMFS based upon the data from that survey, and assert that NMFS 
has inappropriately withheld acoustic data that should be publicly 
disclosed and reported; and (3) NMFS' assumption that the insular stock 
of false killer whales has declined is speculative.
    Response: NMFS reiterates its responses to these comments from 
previous SARs. Specifically: (1) Reanalysis of existing datasets to 
derive more precise estimates does not constitute an increase in 
population size. There are only two EEZ-wide estimates of abundance 
(484 from a 2002 survey and 1,540 from a 2010 survey). These estimates 
may not be directly compared due to changes in group size enumeration 
methods between those surveys. For this reason, the current status of 
pelagic false killer whales is unknown. (2) NMFS has not made any 
attempt to withhold the acoustic data from the HICEAS 2010 survey. It 
can be made available by request. NMFS has used the HICEAS 2010 data 
for a variety of analyses, including the development of automated 
routines to detect and classify false killer whale and other species' 
sounds, to assess false killer whale sub-group spatial arrangements, 
and other projects. There were many changes in array hardware during 
the survey, complicating streamlined analyses of these data, such that 
a full-scale analysis of this dataset for abundance is not appropriate, 
efficient, or cost-effective at this time. (3) NMFS makes no assumption 
that MHI insular stock abundance has declined in recent years. The 
minimum estimate reflects the number of individuals enumerated during 
the stated period and may reflect not only changes in actual population 
abundance, but also changes in encounter rates due to survey location 
or animal distribution.

    Dated: July 6, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-14811 Filed 7-10-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                            32093

                                               species implicated by this action.                       to construction activities related to the             of marine mammals occurring in waters
                                               Therefore, NMFS has determined that                      Annapolis Ferry Dock Project, Puget                   under the jurisdiction of the United
                                               the total taking of affected species or                  Sound, Washington, provided the                       States, including the Exclusive
                                               stocks would not have an unmitigable                     previously mentioned mitigation,                      Economic Zone (EEZ). These reports
                                               adverse impact on the availability of                    monitoring, and reporting requirements                must contain information regarding the
                                               such species or stocks for taking for                    are incorporated.                                     distribution and abundance of the stock,
                                               subsistence purposes.                                      Dated: July 5, 2018.                                population growth rates and trends,
                                                                                                                                                              estimates of annual human-caused
                                               Endangered Species Act (ESA)                             Donna S. Wieting,
                                                                                                                                                              mortality and serious injury (M/SI) from
                                                  Section 7(a)(2) of the Endangered                     Director, Office of Protected Resources,
                                                                                                                                                              all sources, descriptions of the fisheries
                                               Species Act of 1973 (ESA: 16 U.S.C.                      National Marine Fisheries Service.
                                                                                                                                                              with which the stock interacts, and the
                                               1531 et seq.) requires that each Federal                 [FR Doc. 2018–14753 Filed 7–10–18; 8:45 am]
                                                                                                                                                              status of the stock. Initial reports were
                                               agency insure that any action it                         BILLING CODE 3510–22–P                                completed in 1995.
                                               authorizes, funds, or carries out is not                                                                          The MMPA requires NMFS and FWS
                                               likely to jeopardize the continued                                                                             to review the SARs at least annually for
                                               existence of any endangered or                           DEPARTMENT OF COMMERCE                                strategic stocks and stocks for which
                                               threatened species or result in the                                                                            significant new information is available,
                                                                                                        National Oceanic and Atmospheric
                                               destruction or adverse modification of                                                                         and at least once every three years for
                                                                                                        Administration
                                               designated critical habitat. To ensure                                                                         non-strategic stocks. The term ‘‘strategic
                                               ESA compliance for the issuance of                       RIN 0648–XF566                                        stock’’ means a marine mammal stock:
                                               IHAs, NMFS consults internally, in this                                                                        (A) For which the level of direct human-
                                               case with the West Coast Region (WCR)                    Marine Mammal Stock Assessment                        caused mortality exceeds the potential
                                               Protected Resources Division Office,                     Reports                                               biological removal level (PBR) (defined
                                               whenever we propose to authorize take                    AGENCY:  National Marine Fisheries                    by the MMPA as the maximum number
                                               for endangered or threatened species.                    Service (NMFS), National Oceanic and                  of animals, not including natural
                                                  No incidental take of ESA-listed                      Atmospheric Administration (NOAA),                    mortalities, that may be removed from a
                                               species is expected or authorized from                   Commerce.                                             marine mammal stock while allowing
                                               this activity. On April 5, 2018, NMFS                                                                          that stock to reach or maintain its
                                                                                                        ACTION: Notice; response to comments.
                                               WCR issued a Biological Opinion to the                                                                         optimum sustainable population); (B)
                                               Federal Transit Administration                           SUMMARY:    As required by the Marine                 which, based on the best available
                                               concluding the project is not likely to                  Mammal Protection Act (MMPA), NMFS                    scientific information, is declining and
                                               adversely affect Southern Resident killer                has considered public comments for                    is likely to be listed as a threatened
                                               whales and the Western North Pacific                     revisions of the 2017 marine mammal                   species under the Endangered Species
                                               and Central American humpback whale                      stock assessment reports (SAR). This                  Act (ESA) within the foreseeable future;
                                               distinct population segments (DPSs).                     notice announces the availability of the              or (C) which is listed as a threatened
                                               Therefore, NMFS determined that                          final 2017 SARs for the 75 stocks that                species or endangered species under the
                                               formal consultation under section 7 of                   were updated.                                         ESA. NMFS and the FWS are required
                                               the ESA is not required for this action.                                                                       to revise a SAR if the status of the stock
                                                                                                        ADDRESSES: Electronic copies of SARs
                                                                                                                                                              has changed or can be more accurately
                                               National Environmental Policy Act                        are available on the internet as regional
                                                                                                                                                              determined. NMFS, in conjunction with
                                                  To comply with the National                           compilations at the following address:
                                                                                                                                                              the Alaska, Atlantic, and Pacific
                                               Environmental Policy Act of 1969                         https://www.fisheries.noaa.gov/
                                                                                                                                                              independent Scientific Review Groups
                                               (NEPA; 42 U.S.C. 4321 et seq.) and                       national/marine-mammal-protection/
                                                                                                                                                              (SRG), reviewed the status of marine
                                               NOAA Administrative Order (NAO)                          marine-mammal-stock-assessment-
                                                                                                                                                              mammal stocks as required and revised
                                               216–6A, NMFS must review our                             reports-region.                                       reports in the Alaska, Atlantic, and
                                                                                                           A list of references cited in this notice
                                               proposed action (i.e., the issuance of an                                                                      Pacific regions to incorporate new
                                                                                                        is available at www.regulations.gov
                                               incidental harassment authorization)                                                                           information.
                                                                                                        (search for docket NOAA–NMFS–2017–                       NMFS updated SARs for 2017, and
                                               with respect to potential impacts on the
                                                                                                        0065) or upon request.                                the revised draft reports were made
                                               human environment.
                                                  This action is consistent with                        FOR FURTHER INFORMATION CONTACT: Lisa                 available for public review and
                                               categories of activities identified in CE                Lierheimer, Office of Protected                       comment for 90 days (82 FR 60181,
                                               B4 of the Companion Manual for NOAA                      Resources, 301–427–8402,                              December 19, 2017). NMFS received
                                               Administrative Order 216–6A, which do                    Lisa.Lierheimer@noaa.gov; Marcia                      comments on the draft 2017 SARs and
                                               not individually or cumulatively have                    Muto, 206–526–4026, Marcia.Muto@                      has revised the reports as necessary.
                                               the potential for significant impacts on                 noaa.gov, regarding Alaska regional                   This notice announces the availability
                                               the quality of the human environment                     stock assessments; Elizabeth Josephson,               of the final 2017 reports for the 75
                                               and for which we have not identified                     508–495–2362, Elizabeth.Josephson@                    stocks that were updated. These reports
                                               any extraordinary circumstances that                     noaa.gov, regarding Atlantic, Gulf of                 are available on NMFS’ website (see
                                               would preclude this categorical                          Mexico, and Caribbean regional stock                  ADDRESSES).
                                               exclusion. Accordingly, NMFS has                         assessments; or Jim Carretta, 858–546–
                                                                                                        7171, Jim.Carretta@noaa.gov, regarding                Technical Corrections to the Final
                                               determined that the issuance of the IHA
                                                                                                        Pacific regional stock assessments.                   Common Bottlenose Dolphin Barataria
                                               qualifies to be categorically excluded
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                                                                                                                                                              Bay Estuarine System and Mississippi
                                               from further NEPA review.                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                              Sound, Lake Borgne, Bay Boudreau
                                               Authorization                                            Background                                            SARS
                                                 As a result of these determinations,                     Section 117 of the MMPA (16 U.S.C.                    In the draft 2017 common bottlenose
                                               NMFS has issued an IHA to Kitsap                         1361 et seq.) requires NMFS and the                   dolphin Barataria Bay Estuarine System
                                               Transit for the harassment of small                      U.S. Fish and Wildlife Service (FWS) to               (BBES) and Mississippi Sound, Lake
                                               numbers of marine mammals incidental                     prepare stock assessments for each stock              Borgne, Bay Boudreau (MS Sound)


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                                               32094                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                               SARs, we updated the abundance                           information to be included, decide how                draft SARs do not overlap with the final
                                               estimates but listed the recovery factor                 to present that information in a                      SARs from the previous year.
                                               for both of these stocks as 0.5, which is                consistent manner in the summary                      Unfortunately, the publication of the
                                               the appropriate factor for stocks with                   tables for all regions, and facilitate the            draft 2017 SARs was delayed until the
                                               unknown status (Wade and Angliss                         implementation of these changes for the               end of the year. This was an anomaly,
                                               1997). We should have updated the                        final 2018 SARs. The Commission notes                 and we are actively working to publish
                                               recovery factor for each stock to 0.4                    they would be interested in                           the 2018 draft SARs in order to have the
                                               because the coefficient of variation (CV)                participating in the panel discussions.               2018 SARs finalized, with submitted
                                               of the shrimp trawl mortality estimates                     Response: We acknowledge and                       public and SRG comments considered,
                                               for Louisiana bays, sounds, and                          appreciate the Commission’s suggestion,               by the end of the year (before the SRGs
                                               estuaries (BSE) stocks (BBES SAR) and                    and agree with the Commission that                    meet in early 2019 to review the draft
                                               Mississippi and Alabama BSE stocks                       consistency among the regions,                        2019 SARs).
                                               (MS Sound SAR) is greater than 0.8                       particularly the information included in                NMFS respectfully disagrees with the
                                               (Wade and Angliss 1997). Based on the                    the summary tables, is important. We                  Organizations’ statement that we do not
                                               recovery factor of 0.4, we recalculated                  will look into convening a panel to                   meaningfully consider the comments we
                                               PBR for both stocks; the PBR decreased                   address how the information we present                receive from the public or the
                                               from 21 to 17 for the BBES stock and                     in the summary tables for each region                 recommendations made by the SRGs.
                                               from 29 to 23 for the MS Sound stock.                    could be more consistent across the                   We carefully consider and respond to all
                                               In the final 2017 SARs for these two                     regions and would welcome the                         substantial comments we receive from
                                               stocks, we have updated the ‘‘Potential                  Commission’s participation in the panel               the public and the SRGs on the draft
                                               Biological Removal’’ section, as well as                 discussions. However, due to timing                   SARs and incorporate any revisions into
                                               the Atlantic SARs Summary Table 1, to                    constraints for the publication of the                the final SARs. In the event that a report
                                               reflect the update in recovery factor                    draft and final 2018 SARs and other                   changes substantively as a result of
                                               from 0.5 to 0.4 and adjusted PBR values.                 priorities, we cannot commit to setting               public comment after the SRG has
                                               These technical corrections do not affect                up a panel and incorporating any                      reviewed the next cycle’s draft reports,
                                               the strategic status for either stock.                   recommended changes in time to                        we would provide the SRGs an
                                                                                                        include in the final 2018 SARs. We will               opportunity to review such changes.
                                               Comments and Responses                                   strive to have revised summary tables                   Comment 3: The Hawaii Longline
                                                 NMFS received letters containing                       included in the draft 2019 SARs.                      Association (HLA) continues to assert
                                               comments on the draft 2017 SARs from                        Comment 2: The Humane Society of                   that the SARs are not based upon the
                                               the Marine Mammal Commission; seven                      the United States, Humane Society                     best available scientific information
                                               non-governmental organizations                           Legislative Fund, and Whale and                       because they are based upon data that
                                               (Cascadia Research Collective, Center                    Dolphin Conservation (the                             are at least two years old—even when
                                               for Biological Diversity (CBD), Hawaii                   Organizations) note that NMFS’ late                   new, relevant data are otherwise
                                               Longline Association, Humane Society                     release of the draft 2017 SARs led to a               available. NMFS has yet to provide a
                                               Legislative Fund, The Humane Society                     situation where the draft 2018 SARs                   credible justification for continuing the
                                               of the United States, Point Blue                         were drafted and reviewed by the SRGs                 present two-year delay in the use of
                                               Conservation Science, and Whale and                      prior to the finalization of the 2017                 information. HLA maintains that the
                                               Dolphin Conservation); and three                         reports. The Organizations argue that                 MMPA’s requirement that the SARs be
                                               individuals. Responses to substantive                    this overlap in timing of the SARs did                based on the ‘‘best scientific information
                                               comments are below; comments on                          not allow the agency an opportunity to                available’’ is not being met as the SARs
                                               actions not related to the SARs are not                  meaningfully consider public comments                 do not incorporate the most recent
                                               included below. Comments suggesting                      on the draft 2017 SARs before                         marine mammal interaction information
                                               editorial or minor clarifying changes                    developing the 2018 reports. The                      that has been reported by observers and
                                               were incorporated in the reports, but                    Organizations argue that NMFS has                     for which the agency has made a serious
                                               they are not included in the summary of                  failed to make its draft stock                        or non-serious injury determination.
                                               comments and responses. In some cases,                   assessments ‘‘based on best scientific                HLA notes that for marine mammal
                                               NMFS’ responses state that comments                      information available’’ and has                       interaction purposes, those data are the
                                               would be considered or incorporated in                   repeatedly failed to meaningfully                     best available, and yet NMFS does not
                                               future revisions of the SARs rather than                 consider the advice of SRGs and the best              report it.
                                               being incorporated into the final 2017                   available science when publishing its                   Response: As noted in previous years,
                                               SARs.                                                    final stock assessments. The                          the marine mammal SARs are based
                                                                                                        Organizations suggest that in order to                upon the best available scientific
                                               Comments on National Issues                              properly consider public comment, SRG                 information, and NMFS strives to
                                                  Comment 1: The Commission                             input, and best available science, NMFS               update the SARs with as timely data as
                                               comments that the SARs are a valuable                    should follow the following timeline                  possible. In order to develop annual
                                               reference to scientists and managers and                 each year: NMFS sends the draft SARs                  mortality and serious injury estimates,
                                               the parameters in the summary tables                     for the current year to the SRGs early in             we do our best to ensure all records are
                                               for each region are a vital resource for                 the year; the SRGs meet shortly after to              accurately accounted for in that year. In
                                               issues involving multiple stocks, or                     discuss the drafts; the draft SARs are                some cases, this is contingent on such
                                               when managing at regional or national                    open for public comment; NMFS                         things as bycatch analysis, data entry,
                                               levels. The Commission notes the value                   publishes the final SARs for the current              and assessment of available data to
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                                               of the tables would be improved if there                 year by the end of the year; NMFS sends               make determinations of severity of
                                               were more consistency among regions in                   the draft SARs for next year to the SRGs              injury, confirmation of species based on
                                               the types of information presented and                   early the next year.                                  morphological and/or molecular
                                               how it is presented. The Commission                         Response: We acknowledge and agree                 samples collected, etc. Additionally, the
                                               recommends that NMFS convene a                           with this comment regarding the                       SARs incorporate injury determinations
                                               panel, including SAR authors from all                    importance of following the SAR                       that have been assessed pursuant to the
                                               three regions, to identify the key                       process timeline so the current year’s                NMFS 2012 Policy and Procedure for


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                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                              32095

                                               Distinguishing Serious from Non-                         Alaska Beluga Whale Committee to                      data obtained by fisheries observers
                                               Serious Injury of Marine Mammals                         improve the completeness of and                       from the Yakutat salmon set gillnet
                                               (NMFS 2012), which requires several                      consistency in reporting harvest data,                fishery in 2007 and 2008, and from the
                                               phases of review by the SRGs.                            with a focus on struck and lost                       SE Alaska salmon drift gillnet fishery in
                                                 Reporting on incomplete annual                         information for these stocks.                         2012 and 2013 (Districts 6, 7 and 8,
                                               mortality and serious injury estimates                     Response: We are actively working to                only). That M/SI estimate, of 34
                                               could result in underestimating actual                   improve reporting of struck and lost                  porpoises per year, is considered to be
                                               levels. The MMPA requires us to report                   animals associated with beluga whale                  a minimum because observations did
                                               mean annual mortality and serious                        subsistence harvests. NMFS works                      not cover all the gillnet fisheries with
                                               injury estimates, and we ensure that we                  closely with the Alaska Beluga Whale                  the potential to take SEAK harbor
                                               are accounting for all available data                    Committee, and there is consensus that                porpoises. In addition, the estimate is
                                               before we summarize those data. With                     collecting information on struck and                  imprecise (aggregate CV = 0.77) because
                                               respect to abundance, in some cases we                   lost animals, along with the numbers of               of the very low observer coverage rates
                                               provide census rather than abundance                     harvested beluga whales, is important to              on which it is based (5.3 to 7.6 percent
                                               estimates, and the accounting process to                 document. We will continue to                         per year).
                                               obtain the minimum number alive                          coordinate with the Alaska Beluga                        Prior to 2017, because of the
                                               requires two years of sightings to get a                 Whale Committee to improve this                       substantial uncertainty in M/SI
                                               stable count, after which the data are                   reporting so we can include these data                estimates, NMFS classified the SEAK
                                               analyzed and entered into the SAR in                     in future SARs.                                       harbor porpoise stock as ‘‘strategic’’
                                               the third year. All animals are not seen                   Comment 5: The Commission                           under the MMPA. In the draft 2017
                                               every year; waiting two years assures                    referenced their previous comments on                 SAR, NMFS proposed classifying the
                                               that greater than 90 percent of the                      draft SARs for the Southeast Alaska                   stock as ‘‘strategic’’ in light of the large
                                               animals still alive will be included in                  (SEAK) stock of harbor porpoise and                   difference between the estimated M/SI
                                               the count. As a result of the review and                 noted that the harbor porpoise                        and the calculated PBR. Because of the
                                               revision process, data used for these                    abundance estimates were calculated                   bias in PBR associated with the g(0)
                                               determinations typically lag two years                   using an assumption that g(0) (the                    estimate described above, the problem
                                               behind the year of the SAR.                              probability of detection on the trackline)            could be less severe than it appears or,
                                                                                                        was 1.0, which they stated is almost                  because of the incomplete observer
                                               Comments on Alaska Issues                                certainly not adequate. They noted the                coverage, it could be worse.
                                                  Comment 4: The Commission notes                       agency had responded that preliminary                 Additionally, knowledge of other harbor
                                               that information on subsistence hunting                  data had been collected on g(0) and                   porpoise populations and preliminary
                                               and harvest is becoming increasingly                     recommended that this information                     research results presented at the 2018
                                               important in light of the pace of changes                should be used in lieu of an assumption               Alaska SRG meeting suggest that it is
                                               occurring in the Arctic and sub-Arctic.                  of 1.0; if this is not possible, the                  quite possible that what currently is
                                               Over the past several years, the                         Commission recommended that NMFS                      delineated as the SEAK harbor porpoise
                                               Commission has repeatedly                                choose a value from a study, or studies,              stock in fact consists of two or more
                                               recommended that NMFS improve its                        that most closely matches the SEAK                    stocks. Until the stock structure, and the
                                               monitoring and reporting of subsistence                  population and survey in terms of                     PBR and M/SI for each stock, are known
                                               hunting and harvest in collaboration                     factors that most significantly influence             with more certainty, the magnitude of
                                               with its co-management partners. The                     g(0).                                                 the threat posed by gillnet fishing will
                                               Commission appreciates the updates                         Response: The Alaska Fisheries                      not be fully apparent. In any case,
                                               made by NMFS to the SARs in response                     Science Center’s (AFSC) Marine                        applying the best available science and
                                               to these recommendations and                             Mammal Laboratory attempted to                        taking into account the uncertainty in
                                               encourages NMFS to continue to                           conduct an experiment to estimate g(0)                the assessment, it is most likely that the
                                               provide updated information whenever                     during their 2012 vessel survey of                    level of take of SEAK harbor porpoises
                                               it becomes available, even if it pertains                harbor porpoise in Southeast Alaska.                  by gillnet fisheries is unsustainable.
                                               only to a limited number of villages or                  Unfortunately, the analysis of the                       Response: We acknowledge the
                                               a subset of years.                                       preliminary data indicated that the                   Commission’s comment and agree that
                                                  The Commission states that tracking                   sample size from the survey was                       we cannot fully understand the
                                               the numbers of marine mammals                            insufficient to compute g(0). In the                  magnitude of the threat until we acquire
                                               successfully hunted as well as the                       absence of a g(0) specific to surveys of              more information on stock structure, M/
                                               numbers struck and lost, is critical to                  Southeast Alaska harbor porpoise, the                 SI, and PBR. NMFS will continue to
                                               the management of harvested stocks.                      AFSC will select an appropriate value of              pursue avenues to better understand
                                               The Commission noted that the struck                     g(0) from similar surveys of other harbor             these parameters.
                                               and lost data in the U.S. subsistence                    porpoise populations to compute new                      Comment 7: The Commission states
                                               harvest information for four stocks of                   abundance estimates from the 2010–                    that the uncertainty of the seriousness of
                                               beluga whales in the draft 2017 SARs                     2012 data for the inland waters of                    the Southeast Alaska harbor porpoise
                                               was absent, presumably due to                            Southeast Alaska and for the northern                 bycatch problem centers on three
                                               ‘‘inconsistences in reporting.’’ The                     and southern regions of the inland                    factors: (1) Statistical uncertainty in the
                                               Commission encourages the inclusion of                   waters. After review by the Alaska                    bycatch rate, (2) bias in the value of
                                               all available data, with any uncertainties               Scientific Review Group, we will                      PBR, and (3) uncertainty regarding stock
                                               or needed explanations about the values                  include these new estimates (and                      structure. To address these issues, the
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                                               noted in the SAR, and recommends that                    corresponding values for NMIN and PBR)                Commission recommends that NMFS:
                                               NMFS include all available data in the                   in the draft 2019 Southeast Alaska                    (1) Provide funding and work with the
                                               SARs and clearly delineate landings,                     harbor porpoise SAR.                                  State of Alaska to increase observer
                                               struck and lost, and total numbers                         Comment 6: The Commission notes                     coverage throughout all gillnet fisheries
                                               harvested for each beluga whale stock.                   that for several years, NMFS has been                 in SEAK to a level that will produce a
                                               In addition, the Commission                              reporting an M/SI estimate for the SEAK               bycatch estimate with a CV less than
                                               recommends that NMFS work with the                       population of harbor porpoises based on               0.3; (2) improve the accuracy of the


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                                               32096                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                               abundance estimate by using the best                     recommends that NMFS report the                       intervals for the abundance and M/SI
                                               available estimate of g(0) for this                      estimate of oil spill-caused mortality of             values.
                                               population or an appropriately selected                  3.8 whales in the Human-Caused                           Response: NMFS thanks the
                                               estimate from a similar population; and                  Mortality and Serious Injury section of               commenter for raising concerns about
                                               (3) continue to give high priority to                    the Bryde’s whale SAR to clarify how                  the shifting baseline phenomenon and
                                               funding and conducting innovative                        NMFS derived an annual mean                           the importance of including habitat
                                               eDNA investigations of SEAK harbor                       mortality of 0.7 whales per year for the              factors and note that we are taking these
                                               porpoise stock structure by the Alaska                   period 2011–2015, based solely on the                 issues into consideration in our
                                               Fisheries Science Center.                                reported 22 percent decline in                        modeling approaches. For example, we
                                                  Response: NMFS agrees with the                        abundance as a result of the oil spill.               are currently working on seasonal
                                               Commission’s recommendations. (1)                        The Commission also recommends that                   habitat models for all cetaceans that
                                               While we recognize the need for more                     NMFS add a statement to the Current                   may be useful in tracking humpback, fin
                                               current observer coverage of State-                      Population Trend section to reflect the               and sei whale area use patterns because
                                               managed fisheries, we do not currently                   projected 22 percent decline in                       they are based on malleable
                                               have the funds necessary for the Alaska                  population size resulting from the spill,             oceanographic features.
                                               Marine Mammal Observer Program or a                      as was done for the Barataria Bay                     Comments on Pacific Reports
                                               similar program that could provide                       bottlenose dolphin stock.
                                               these insights into marine mammal                                                                                 Comment 12: The Commission notes
                                                                                                           Response: We have taken the
                                               M/SI associated with these fisheries; (2)                                                                      that NMFS has reported a substantial
                                                                                                        Commission’s recommendation and
                                               the AFSC will select an appropriate                                                                            recent increase in the number of
                                                                                                        expanded the Other Mortality text
                                               value of g(0) from similar surveys of                                                                          entanglements of humpback and blue
                                                                                                        within the Annual Human-Caused
                                               other harbor porpoise populations to                                                                           whales on the West Coast. Prior to 2015,
                                                                                                        Mortality and Serious Injury section to
                                               improve the accuracy of the abundance                                                                          no entanglements of blue whales had
                                                                                                        clarify that the 0.8 (corrected from 0.7)
                                               estimates for harbor porpoise in the                                                                           been reported, but 12 blue whale
                                                                                                        annual mean mortality is derived from
                                               inland waters of Southeast Alaska; and                                                                         entanglements were confirmed between
                                                                                                        the mortality estimate of 3.8 whales for
                                               (3) NMFS agrees that funding research                                                                          2015 and 2017. From 1982 to 2013, the
                                                                                                        the period 2011–2015 due to the                       number of confirmed West Coast
                                               on eDNA investigations of Southeast                      Deepwater Horizon oil spill. However,
                                               Alaska harbor porpoise stock structure                                                                         entanglements of humpback whales
                                                                                                        we have not made any further edits to                 averaged 2.1 animals per year. The
                                               is a high priority and hopes to support                  the Current Population Trend section as
                                               this work at some level in FY18.                                                                               Commission stresses that the substantial
                                                                                                        this section already makes a statement                number of entanglements of humpback
                                               Comments on Atlantic Issues                              regarding the 22 percent decline in                   whales that have occurred recently on
                                                  Comment 8: The Commission notes                       population size.                                      the West Coast is a matter of concern
                                               that in the Gulf of Mexico Bryde’s                          Comment 10: One commenter pointed                  and may reflect a problem that has gone
                                               Whale SAR, the Stock Definition section                  out that North Atlantic right whales and              undetected for much longer.
                                               was revised to include information on                    Gulf of Maine Humpback whales have                       The Commission points out that with
                                               acoustic detections in addition to visual                undergone ‘‘significant mortality                     the addition of M/SI from other causes
                                               sightings, but it did not include                        events’’ in the past year(s) which do not             (e.g., entanglements in other gear types
                                               citations for the acoustic detections.                   appear to be included in the M/SI                     and ship strikes), the average confirmed
                                               Širović et al. (2013), Rice et al. (2014),             estimates in the 2017 SARs.                           M/SI over 2011–2015 was 9.2 whales
                                               and possibly Soldevilla et al. (2017) are                   Response: See response to Comment                  per year, which is very close to the PBR
                                               three recent studies that reported on                    3. The 2017 SAR covers data from 2011–                of 11 whales for this stock. Considering
                                               acoustic detections of Bryde’s whales.                   2015. Mortality events in 2016 will first             undetected entanglements, the average
                                               The Commission recommends that                           appear in the 2018 SARs, and those                    M/SI of humpback whales almost
                                               NMFS include the source documents for                    from 2017 will appear in the 2019 SARs.               certainly was greater than PBR for this
                                               acoustic detections of Bryde’s whales in                 We will make an exception in the North                period. The uncertainty associated with
                                               the Gulf of Mexico and update the map                    Atlantic right whale 2018 SAR and                     undetected M/SI is compounded by
                                               and caption for Figure 1 in the SAR                      include the unusual number of events in               undetected ship strikes. Two recent
                                               accordingly.                                             2017 in the text, but these events will               publications (Rockwood et al., 2017 and
                                                  Response: NMFS has added the                          not be included in the table or in                    Nichol et al., 2017) assessing large-
                                               additional citations regarding acoustic                  estimates of mortality until the 2019                 whale ship-strike risk on the West Coast
                                               detections of Bryde’s whales to the Gulf                 SAR.                                                  were not cited in the draft 2017 Pacific
                                               of Mexico Bryde’s Whale SAR. We have                        Comment 11: One commenter                          SARs.
                                               not updated the map with locations of                    suggested inclusion of data on the                       The MMPA requires SARs for
                                               acoustic detections (deployment                          shifting baseline in the marine                       strategic stocks be reviewed at least
                                               locations for Marine Autonomous                          environment and habitat factors in the                annually and updated when necessary,
                                               Recording Units and sonobuoys that                       SARs for North Atlantic right whale and               as in the case of a significant increase
                                               recorded whale vocalizations) because                    Gulf of Maine humpback whales,                        in M/SI. Given recent increases in
                                               this information would not alter what                    analogous to the Essential Fish Habitat               entanglements and in M/SI, the
                                               we know about Bryde’s whale spatial                      component for fisheries management                    Commission notes the delay in
                                               distribution at this time.                               used under the Magnuson-Stevens                       reviewing these two stocks is
                                                  Comment 9: The Commission points                      Sustainable Fisheries Act. This type of               unacceptable and recommends that
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                                               out that the Habitat Issues section of the               data could provide insights on changes                NMFS either incorporate the best
                                               Gulf of Mexico Bryde’s Whale SAR                         in distribution/abundance in space/                   available science into the 2017 SARs or
                                               states that the estimated mortality of                   time. The shifting baseline phenomenon                prepare draft 2018 SARs for the West
                                               Bryde’s whales from the Deepwater                        from increased human usage and                        Coast humpback and blue whale stocks,
                                               Horizon oil spill was 3.8 whales                         environmental changes requires some                   to be reviewed intersessionally by the
                                               between 2011 and 2015, based on                          type of dynamic component to the SAR                  Pacific SRG, so that they can be
                                               population modeling. The Commission                      models which would allow confidence                   included in the final 2018 SARs.


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                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                            32097

                                                  Response: We acknowledge and                          information available at the time of the              completed, we are retaining the current
                                               appreciate the Commission’s concerns.                    draft document that would certainly put               stock delineations and it is premature to
                                               The publication of the Rockwood et al.                   this overall stock well above PBR.                    hypothesize calculations of PBR in
                                               (2017) vessel strike estimates occurred                  Entanglement mortality of humpback                    future years. Any changes in stock
                                               after the draft 2017 SARs had been                       whales off California went through a                  delineation or MMPA section 117
                                               submitted for agency clearance. We                       dramatic increase starting in 2015 and                elements (such as PBR or strategic
                                               have updated the final 2017 SARs to                      continuing through 2016 and 2017.                     status) will be reflected in future stock
                                               note the availability of these new                       Fishery mortality in the draft SAR is                 assessment reports.
                                               estimates, and we will incorporate the                   based on a 5-year average through 2015                   Comment 16: CBD comments that
                                               results of those vessel strike estimates                 so only includes one of these three years             NMFS is required to review and
                                               into the draft 2018 SARs for both                        of elevated mortality in the 5-year                   incorporate new scientific information
                                               humpback and blue whales.                                average. Cascadia Research suggests the               in the stock assessments and revise the
                                                  Comment 13: Point Blue and Cascadia                   SAR should mention this increased                     assessment for strategic stocks, such as
                                               Research suggest that NMFS incorporate                   mortality known for those added years                 the humpback whale, at least annually.
                                               the results from their recent publication                and that new calculations conducted in                While NMFS began the process to
                                               (Rockwood et al., 2017) on the                           a similar fashion with the known 2016                 examine the stock structure in the
                                               assessment of mortality from ship                        or 2017 entanglements would have put                  spring of 2016, including considering
                                               strikes for both blue and humpback                       the 5-year average above the PBR.                     revising the stock assessment to
                                               whales into the 2017 SARs. This                          Further, like ship strike mortality,                  incorporate information about the
                                               publication uses a new approach to                       observed entanglement rates                           breeding population, it has not finalized
                                               estimate one of the key parameters                       dramatically underestimate true                       its analysis. CBD stresses that NMFS
                                               regarding ship strike mortality, the                     mortality and no correction for this                  should not further delay publishing a
                                               underreporting rate, and shows that                      underreporting is made in the SAR. The                final revision to the humpback whale
                                               based on this new analysis (that is                      concerns above that would result in                   stock assessment report in accordance
                                               consistent with other data on recovery                   mortality exceeding PBR do not include                with the best available science to reflect
                                               rates) ship strike mortality is being                    this under-reporting and compound the                 the distinct population segments off the
                                               severely under estimated. They note the                  downward bias to how this is                          U.S. West Coast. They note the practical
                                               SARs have acknowledged that                              represented in the SAR.                               implication of the delay is that ship
                                               documented cases of ship strikes are                        Response: See response to Comment                  strikes and fisheries continue without
                                               certain to be underestimates of the true                 3. The review cycle for the draft 2017                adequate mitigation, including
                                               number of deaths, and assert that their                  SARs results in data through 2015 being               recategorizing West Coast pot and trap
                                               research provides a metric for how                       available for incorporation into the draft            fisheries, which present the largest
                                               many ship strike deaths actually occur                   reports. Entanglement data through                    known fisheries threat to humback
                                               relative to the number documented.                       2016 will be incorporated into the draft              whales, as ‘‘Category I.’’ CBD asserts
                                               Rockwood et al. (2017) reports a best                    2018 SARs for blue and humpback                       that assessing PBR at the level of the
                                               conservative estimate of 18 blue and 22                  whales.                                               distinct population segment (DPS) is
                                               humpback whale deaths per 6-month                           Comment 15: Cascadia Research notes                more informative for determining the
                                               season. Based on these predictions and                   that the humpback whale SAR may give                  population impact of the effect of ship
                                               the average annual strike reports from                   the mistaken impression that the new                  strikes on humpback whales.
                                               2006–2016 (1.0 for blue and 1.4 for                      status of humpback whales under the                      Response: We agree that revising the
                                               humpback whale), they calculated that                    ESA may change how the PBR’s are                      stock structure for humpback whales is
                                               95 percent of blue whale and 94 percent                  calculated and alter the mortality                    a high priority; however, the process of
                                               of humpback whale strike deaths go                       exceeding PBR. However, they suggest                  reviewing stock structure under the
                                               undocumented. Given the uncertainty                      that as the small endangered Central                  MMPA has taken longer than
                                               in accounting for whale collision                        America humpback whale DPS is made                    anticipated. See response to Comment
                                               avoidance, they also calculated strike                   up almost entirely of whales that feed                15 above.
                                               mortality in the case of no avoidance,                   off the California coast, the observed                   Comment 17: CBD comments that
                                               producing estimates of 40 blue and 48                    mortality will exceed PBR in future                   humback whale stocks on the West
                                               humpback whale deaths. In addition,                      years due to the California                           Coast should correspond to the distinct
                                               Point Blue notes that the lack of                        entanglements regardless of how the                   population segments (as listed under the
                                               detected blue whale strike deaths from                   new calculations are made.                            Endangered Species Act in 2016) and
                                               2011–2015 results in an assumption of                       Response: As described in our                      the Mexico and Central America DPSs
                                               zero strike mortality and a                              Federal Register notice requesting                    should not be considered in one stock.
                                               determination that the current level of                  comments on the Draft 2017 Marine                     They assert that to protect the
                                               serious injury and mortality is less than                Mammal Stock Assessment Reports (82                   precariously low abundance of Central
                                               10 percent of PBR. They stress that the                  FR 60181, December 19, 2017), NMFS is                 America humpback whales, the PBR for
                                               Rockwood et al. (2017) results should be                 currently in the process of reviewing                 whales off California, Oregon and
                                               included in the 2017 SAR since it                        stock structure under the MMPA for all                Washington should be based on the
                                               provides evidence that blue whale ship                   humpback whales in U.S. waters,                       abundance of the Central America DPS
                                               strike mortality is almost certainly                     following the change in ESA listing for               (a PBR level of 0.8), and all injury and
                                               ongoing and well above zero.                             the species in 2016, to determine                     mortality of humpback whales that
                                                  Response: See response to                             whether we can align the stocks with                  occurs off California should be assigned
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                                               Comment 12.                                              the DPSs under the ESA. The most                      to the Central America DPS. CBD is
                                                  Comment 14: Cascadia Research notes                   current SAR does not delineate a                      concerned that the delay in action
                                               the CA/OR/WA humpback whale SAR                          Central America DPS of humpback                       jeopardizes the future of humpback
                                               does not include that in addition to the                 whales as a stock under the MMPA.                     whales in the Central America distinct
                                               underestimated ship strike mortality,                    Until such time that the humpback                     population segment and recommends
                                               fishery mortality is also being                          whale stock structure under the MMPA                  that NMFS revise the draft stock
                                               dramatically underestimated based on                     with respect to the ESA listing has been              assessment to show that at a maximum,


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                                               32098                        Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices

                                               the smallest stock of humpback whales                    Insular FKW Stock (Insular Stock) and                 fishery that exceeds PBR for the Hawaii
                                               on the West Coast has no more than 411                   asserts that the TRP has resulted in                  pelagic false killer whale stock (‘‘pelagic
                                               individuals.                                             decreased interactions with the Insular               stock’’). However, the best available
                                                  Response: As described in our                         Stock because (i) the TRP regulations                 information suggests that the number of
                                               response to Comment 15 above, we are                     closed the fishery to almost all of the               false killer whales in the Hawaii EEZ
                                               in the process of reviewing the MMPA                     Insular Stock’s range, (ii) effort in the             has not declined during the same time
                                               humpback whale stock delineations;                       Insular Stock’s range has drastically                 that the supposedly unsustainable M/SI
                                               until such time that the humpback                        reduced to almost zero as a                           rate was occurring. The HLA disagrees
                                               whale stock structure under the MMPA                     consequence, and (iii) the fishery has                with the M/SI levels reported in the
                                               with respect to the ESA listing has been                 had zero interactions with the Insular                draft SAR and with NMFS’ conclusion
                                               completed, we are treating existing                      Stock since 2013. They stress that this               that the vast majority of all fishery
                                               MMPA stocks that fully or partially                      is the situation contemplated by the                  interactions with the pelagic stock cause
                                               coincide with a listed DPS as depleted,                  Guidelines for Assessing Marine                       injuries that ‘‘will likely result in
                                               and stocks that do not fully or partially                Mammal Stocks (GAMMS), which                          mortality.’’ If that were the case, then
                                               coincide with a listed DPS as not                        recommends ‘‘if within the last five                  after a decade or more of allegedly
                                               depleted for management purposes.                        years the fishery has changed (e.g.,                  unsustainable levels of take, there
                                               Therefore, in the interim, we will                       fishing effort or the mortality rate per              would be some evidence of a declining
                                               continue to treat the California/Oregon/                 unit of fishing effort has changed), it               pelagic stock abundance. No such
                                               Washington stock as endangered and                       would be more appropriate to use only                 evidence exists. The HLA recommends
                                               depleted. Currently, there is no Central                 the most recent relevant data to most                 that the draft SAR expressly recognize
                                               America DPS stock of marine mammals                      accurately reflect the current level of               this discrepancy, and NMFS should
                                               delineated under the MMPA.                               annual mortality.’’ HLA states that if                revisit the manner in which it
                                                  Comment 18: CBD requests that the                     NMFS continues to regulate the deep-set               determines M/SI for false killer whale
                                               final stock assessment report for                        fishery as if it has interactions with the            interactions.
                                               Southern Resident Killer whales                          insular stock, it will undermine any
                                               accurately reflects the recent decline                                                                            Response: This comment has been
                                                                                                        TRT discussions regarding the Insular                 addressed previously (see 78 FR 19446,
                                               and alarmingly low population. The                       Stock and HLA may also be forced to
                                               death of the two-year-old male orca                                                                            April 1, 2013, comments 45 and 51; 79
                                                                                                        reconsider its position on the Insular
                                               known as ‘‘J52’’ was confirmed in                                                                              FR 49053, August 18, 2014, comment
                                                                                                        Stock closure.
                                               September 2017 by the Center for Whale                      Response: NMFS has responded to                    26; 80 FR 50599, August 20, 2015,
                                               Research, which reported malnutrition                    similar versions of this comment                      comment 34; 81 FR June 14, 2016,
                                               as the likely cause. The population of                   previously. As noted in prior responses,              comment 44; and 82 FR June 27, 2017,
                                               critically endangered Southern Resident                  if there have been significant changes in             comment 44). The comment contends
                                               killer whales, which makes its home in                   fishery operations that are expected to               that the stock abundance has not
                                               Puget Sound and migrates along the                       affect incidental mortality rates, such as            declined in over a decade and attributes
                                               West Coast, dipped from 83 in 2016 to                    the 2013 implementation of the                        this persistence of false killer whales
                                               only 76 by the end of 2017. This change                  FKWTRP, the GAMMS (NMFS 2016)                         despite high levels of fishery mortality
                                               represents the biggest decline in                        recommend using only the years since                  to NMFS’ improper assessment of the
                                               population from year-to-year ever                        regulations were implemented. The SAR                 severity of injuries resulting from
                                               recorded. CBD suggests that especially                   contains information preceeding and                   fisheries interactions, improper
                                               in light of the decline, NMFS should                     following the FKWTRP, 2008–2012 and                   assessment of population abundance
                                               update the draft SARs to ensure it                       2013–2015 respectively, and reports                   and trend, or both. Assessment of injury
                                               contains accurate and timely                             M/SI for these two time periods as well               severity under NMFS’ 2012 serious
                                               information.                                             as the most recent 5-year average. Both               injury policy (NMFS 2012) has been
                                                  Response: NMFS drafted the 2017                       the 3 year post-TRP average take rate, as             discussed in numerous previous
                                               SAR before the end-of-year 2017                          well as the 5-year average that spans the             comment responses and is based on the
                                               population size estimates were                           period before and after the TRP, indicate             best available science on whether a
                                               available. We will include new                           the pelagic stock fishery take is below               cetacean is likely to survive a particular
                                               estimates in the draft 2018 SAR for                      PBR; and, therefore, the stock is not                 type of injury. Further study of false
                                               southern resident killer whales.                         considered strategic. NMFS continues to               killer whales would certainly better
                                                  Comment 19: The HLA recognizes                        report the 5-year average in the Status               inform the assigned outcomes; but, until
                                               that the false killer whale draft 2017                   of Stock section for the pelagic stock                better data become available, the
                                               SAR appropriately calculates separate                    because various assessments of                        standard established in the NMFS 2012
                                               M/SI rates for only the years 2013                       FKWTRP effectiveness note that neither                policy on distinguishing serious from
                                               through 2015, so that the fisheries, as                  overall take rate nor the rate of non-                non-serious injuries will stand. Further,
                                               currently managed, can be more                           serious injury for the pelagic stock are              assessments of pelagic false killer whale
                                               accurately evaluated against the relevant                significantly reduced through the                     population trend are inappropriate for
                                               PBRs. However, HLA reiterates that                       implementation of the FKWTRP. NMFS                    several reasons: (1) The entire stock
                                               NMFS should eliminate the five-year                      does agree with HLA that the expanded                 range is unknown, but certainly extends
                                               look-back period and report only data                    longline exclusion area implemented                   beyond the Hawaii EEZ, such that the
                                               generated after the False Killer Whale                   under the FKWTRP offers near complete                 available abundance estimates do not
                                               Take Reduction Plan (FKWTRP)                             protection to this stock from                         reflect true population size; (2) there
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                                               regulations became effective, and the                    interactions with the longline fishery,               have been only two surveys of the entire
                                               data prior to 2013 should no longer be                   and as such has modifed the Status of                 Hawaii EEZ, an insufficient number to
                                               used because it is no longer part of the                 Stock section for this stock to reflect this          appropriately assess trend, shifts in
                                               best available scientific information.                   change.                                               distribution, or any examination of false
                                                  HLA suggests that, at a minimum,                         Comment 20: The HLA notes that for                 killer whale population health; and (3)
                                               NMFS should not continue to use pre-                     a decade (until this year) NMFS has                   the available survey data were collected
                                               2013 data for the Main Hawaiian Islands                  reported a M/SI rate for the deep-set                 with different protocols for assessing


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                                                                            Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices                                           32099

                                               false killer whale group size, a factor                  on previous draft SARs related to: (1)                DEPARTMENT OF COMMERCE
                                               that will significantly impact the                       The assignment of a recovery factor to
                                               resulting abundance estimates. A robust                  the pelagic stock of false killer whales,             National Oceanic and Atmospheric
                                               assessment of population trend will                      and continues to maintain that NMFS                   Administration
                                               require additional data and inclusion of                 should apply a recovery factor to the
                                               environmental variables that influence                                                                         Programmatic Environmental Impact
                                                                                                        pelagic stock that is greater than 0.5; (2)           Statement for the Coral Reef
                                               false killer whale distribution and the                  the 2010 Hawaiian Islands Cetacean
                                               proportion of the population                                                                                   Conservation Program; Notice of
                                                                                                        Ecosystem and Assessment Survey                       Intent; Scoping Period Announcement
                                               represented within the survey area                       (HICEAS) and the assumptions made by
                                               during each survey period.                                                                                     AGENCY:  Office for Coastal Management
                                                                                                        NMFS based upon the data from that
                                                  Comment 21: The HLA notes that the                                                                          (OCM), National Ocean Service (NOS),
                                               draft false killer whale SAR updates the                 survey, and assert that NMFS has
                                                                                                        inappropriately withheld acoustic data                National Oceanic and Atmospheric
                                               Insular Stock population estimate to 167                                                                       Administration (NOAA), Department of
                                               based upon an unpublished paper by                       that should be publicly disclosed and
                                                                                                        reported; and (3) NMFS’ assumption                    Commerce (DOC).
                                               Bradford et al., which concludes that                                                                          ACTION: Notice of intent; announcement
                                               the population size of the Insular Stock                 that the insular stock of false killer
                                                                                                        whales has declined is speculative.                   of public scoping period and request for
                                               of false killer whales in certain study                                                                        written comments.
                                               areas has consistently ranged between                      Response: NMFS reiterates its
                                               144 and 187 animals over a 16-year                       responses to these comments from                      SUMMARY:   The National Oceanic and
                                               period. However, in reporting 167 as the                 previous SARs. Specifically: (1)                      Atmospheric Administration (NOAA),
                                               population size for the Insular Stock,                   Reanalysis of existing datasets to derive             Office for Coastal Management
                                               the Draft SAR states that the Bradford et                more precise estimates does not                       announces its intention to prepare a
                                               al. annual estimate ‘‘represents only the                constitute an increase in population                  programmatic environmental impact
                                               animals present in the study area within                                                                       statement (PEIS) in accordance with the
                                                                                                        size. There are only two EEZ-wide
                                               that year.’’ HLA suggests that, if the                                                                         National Environmental Policy Act of
                                                                                                        estimates of abundance (484 from a
                                               reported 2015 abundance estimate of                                                                            1969 (NEPA) for its Coral Reef
                                               167 applies only to a study area that is                 2002 survey and 1,540 from a 2010
                                                                                                                                                              Conservation Program (CRCP), which is
                                               smaller than the range of the Insular                    survey). These estimates may not be
                                                                                                                                                              managed out of NOAA’s National Ocean
                                               Stock of false killer whales, then the                   directly compared due to changes in
                                                                                                                                                              Service in Silver Spring, MD, and
                                               actual abundance of the entire Insular                   group size enumeration methods                        implemented in coastal areas and
                                               Stock must be some amount higher than                    between those surveys. For this reason,               marine waters of Florida, Puerto Rico,
                                               167. HLA states that they are unable to                  the current status of pelagic false killer            U.S. Virgin Islands, Gulf of Mexico,
                                               sufficiently comment on this issue                       whales is unknown. (2) NMFS has not                   Hawaii, Guam, the Commonwealth of
                                               because the Bradford et al. paper is                     made any attempt to withhold the                      the Northern Mariana Islands, American
                                               unpublished and not available for                        acoustic data from the HICEAS 2010                    Samoa, the U.S. Pacific Remote Island
                                               public review.                                           survey. It can be made available by                   Area, and targeted international regions
                                                  Response: NMFS notes that although                    request. NMFS has used the HICEAS                     including the wider Caribbean, the
                                               the abundance estimates provided in                      2010 data for a variety of analyses,                  Coral Triangle, the South Pacific, and
                                               Bradford et al. are limited to the number                including the development of                          Micronesia. Publication of this
                                               of animals in the survey area in each                    automated routines to detect and                      document begins the official scoping
                                               survey year, they are still the best                     classify false killer whale and other                 period that will help identify issues and
                                               available estimates of population size.                  species’ sounds, to assess false killer               alternatives to be considered in the
                                               The new estimates account for many                                                                             PEIS.
                                                                                                        whale sub-group spatial arrangements,
                                               sources of potential bias, and although
                                                                                                        and other projects. There were many                   DATES: Written comments on the intent
                                               we expect that limiting estimates to the
                                               surveyed area for a given year does                      changes in array hardware during the                  to prepare a PEIS will be accepted on or
                                               likely result in an under estimation of                  survey, complicating streamlined                      before Wednesday, August 15, 2018.
                                               abundance in years when the surveyed                     analyses of these data, such that a full-             ADDRESSES: You may submit scoping
                                               area is smaller than the stock area, we                  scale analysis of this dataset for                    comments for the CRCP PEIS by any of
                                               do not have sufficient information to                    abundance is not appropriate, efficient,              the following methods:
                                               correct annual estimates for the extent                  or cost-effective at this time. (3) NMFS                 • Federal e-Rulemaking Portal: Go to
                                               of the survey area. NMFS feels the use                   makes no assumption that MHI insular                  http://www.regulations.gov/NOAA-
                                               of estimates derived from the best                       stock abundance has declined in recent                NOS-2018-0077. Click the ‘‘Comment
                                               available data spanning 15 years of                      years. The minimum estimate reflects                  Now!’’ icon, complete the required
                                               surveys is far better than use of catalog                the number of individuals enumerated                  fields, and enter or attach your
                                               size, the previous metric for the                        during the stated period and may reflect              comments.
                                               minimum population estimate (Nmin)                       not only changes in actual population                    • Mail: Please direct written
                                               in the Main Hawaiian Islands (MHI)                       abundance, but also changes in                        comments to Harriet Nash, Deputy
                                               insular false killer whale SAR. Further,                 encounter rates due to survey location                Director, NOAA’s Coral Reef
                                               the Nmin derived from the new mark-                      or animal distribution.                               Conservation Program, Office for Coastal
                                               recapture estimates meets the definition                                                                       Management, 1305 East-West Highway,
                                               of Nmin provided within the GAMMS                          Dated: July 6, 2018.                                N/OCM6, Room 10404, Silver Spring,
daltland on DSKBBV9HB2PROD with NOTICES




                                               (NMFS 2016). Although cited as ‘‘in                      Donna S. Wieting,                                     MD 20910.
                                               review,’’ the Bradford et al. paper was                  Director, Office of Protected Resources,              SUPPLEMENTARY INFORMATION:
                                               reviewed by the Pacific SRG at its 2017                  National Marine Fisheries Service.
                                               meeting and is currently in review for                   [FR Doc. 2018–14811 Filed 7–10–18; 8:45 am]
                                                                                                                                                              Background
                                               journal publication.                                     BILLING CODE 3510–22–P                                  NOAA is preparing a Draft
                                                  Comment 22: The HLA incorporates                                                                            Programmatic Environmental Impact
                                               by reference its more specific comments                                                                        Statement (DPEIS) for coral reef


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Document Created: 2018-07-10 23:53:24
Document Modified: 2018-07-10 23:53:24
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; response to comments.
ContactLisa Lierheimer, 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 Citation83 FR 32093 
RIN Number0648-XF56

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