[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Notices]
[Pages 45399-45401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21775]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. I.D. 082595A]
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Interim Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of finding; interim permit; request for comments.
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SUMMARY: NMFS hereby issues an interim permit to those fisheries that
have negligible impacts on marine mammal stocks listed as threatened or
endangered under the Endangered Species Act (ESA). This action allows
the incidental, but not intentional, taking of these marine mammals in
commercial fishing operations. Vessel owners in the specified fisheries
must be registered under section 118 of the MMPA to be eligible for the
interim permit for taking.
EFFECTIVE DATES: Effective September 1, 1995. Comments on the issuance
of the interim permits must be received by October 16, 1995.
ADDRESSES: Send comments on the interim permits to Chief, Marine Mammal
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the
negligible impact findings referred to in this notice may be obtained
by writing to the above address.
FOR FURTHER INFORMATION CONTACT: Victoria Cornish, Office of Protected
Resources, 301-713-2322; Douglas Beach, Northeast Region, 508-281-9254;
Charles Oravetz, Southeast Region, 813-570-5301; James Lecky, Southwest
Region, 310-980-4015; Brent Norberg, Northwest Region, 206-526-6140;
Steve Zimmerman, Alaska Region, 907-586-7235.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(E) of the MMPA requires
the authorization of the taking incidental to commercial fishing of
individuals from marine mammal stocks listed as threatened or
endangered under the ESA if it is determined that: (1) Incidental
mortality and serious injury will have a negligible impact on the
affected species or stock, (2) a recovery plan for that species or
stock has been or is being developed, and (3) where required under
section 118, a monitoring program has been established, vessels engaged
in such fisheries are registered, and a take reduction plan has been or
is being developed.
On June 16, 1995, NMFS published in the Federal Register proposed
regulations to implement section 101(a)(5)(E) and section 118 of the
MMPA in the Federal Register, and a proposed list of fisheries (LOF)
that categorized all U.S. commercial fisheries into three groups based
on the frequency of incidental mortality and serious injury of marine
mammals (60 FR 31666). That notice also explained that separate permits
would be required for fishers to incidentally take marine mammals from
stocks listed as threatened or endangered under the ESA. On July 19,
1995, NMFS published a notice to correct errors in the proposed
[[Page 45400]]
LOF (60 FR 37043). In both notices, comments were requested that
addressed: (1) Those fisheries in the proposed LOF that interact with
species or stocks listed under the ESA, and (2) information on the
magnitude of the takes of such species or stocks found in the
environmental assessment (EA) that accompanied the rule. These comments
and NMFS' responses to the comments are included in the preamble of the
final rule to implement section 118 published in the Federal Register
on August 30, 1995.
Several commenters expressed concern that the information upon
which negligible impact findings under section 101(a)(5)(E) were to be
made was not provided in sufficient detail for informed comments to be
made. Comments also indicated that it was unclear how NMFS proposed to
make the determination that the incidental mortality and serious injury
from commercial fisheries would have a negligible impact on such
species or stocks. It was recommended that NMFS publish a notice that
clearly describes the stocks and fisheries for which it proposes to
make a finding of negligible impact and explain the basis for the
proposed determinations. The time frame for issuance of the section
101(a)(5)(E) permits did not allow for a more complete analysis of
endangered and threatened stocks on a fishery-by-fishery basis.
Therefore, NMFS issues this interim permit and an explanation of the
process by which negligible impact determinations have been made, and
invites public comments on the issuance of section 101(a)(5)(E)
permits. NMFS will issue individual permits, and any necessary
revisions to the LOF, prior to January 1, 1996.
Process for Determining Negligible Impact
In order to determine whether serious injuries and mortalities
incidental to commercial fishing activities are having a negligible
impact on threatened or endangered stocks of marine mammals, NMFS
evaluated the total number of all incidental serious injuries and
mortalities due to commercial fishing for each such stock. Pertinent
information is included in final stock assessment reports made
available on August 25, 1995 (60 FR 44308) and in the EA prepared for
the proposed rule implementing section 118 of the MMPA.
``Negligible impact'', as defined in 50 CFR 228.3, is ``an impact
resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.'' Because of the qualitative nature of this definition and
limitations on available information, NMFS determined that the
application of strict quantitative criteria for making negligible
impact findings was not appropriate. However, as a starting point, NMFS
considered a total annual serious injury and mortality of not more than
10 percent of a stock's Potential Biological Removal (PBR) level to be
insignificant, based on recommendations of a NMFS workshop held in
June, 1994, to propose guidelines for preparing stock assessment
reports.
Such a criterion could not, however, be the only factor in
evaluating whether a particular level of take could be considered
negligible. The information in the stock assessment reports and the EA
has varying degrees of uncertainty, and factors other than PBR level
(e.g., population trend) were also considered. Because the negligible
impact determinations required some judgment based upon the available
information, each finding indicates NMFS' best assessment of whether or
not the estimated mortality and serious injury of endangered and
threatened marine mammals incidental to commercial fishing operations
will adversely affect the species or stock through effects on annual
rates of recruitment or survival.
Participants in fisheries designated as Category III under the MMPA
are not required to obtain an authorization certificate under section
118. They are, however, required to report all incidental mortalities
and injuries of marine mammals in accordance with the regulations
implementing section 118. Participants in Category III fisheries that
interact with threatened or endangered stocks for which the criteria
under section 101(a)(5)(E)(i), discussed above, have been met are not
subject to penalties under the MMPA, so long as they also report all
incidental mortalities and injuries of marine mammals in accordance
with section 118 of the MMPA.
Vessels that are registered for those fisheries for which NMFS has
issued permits for the incidental, but not intentional, takes of
threatened or endangered marine mammals are not subject to penalties
under the MMPA. NMFS has consulted on the action of allowing takes of
threatened or endangered stocks under section 7 of the ESA, and has
determined that the level of takings specified for each stock in the
permits issued to commercial fishers is not likely to jeopardize the
continued existence of such stocks.
Summary of Findings
NMFS has evaluated the best available information for stocks listed
as threatened or endangered under the ESA and has determined on a
stock-by-stock basis, whether the incidental mortality and serious
injury from all commercial fisheries has a negligible impact on such
stocks.
Those stocks for which negligible impact findings were made were
then reviewed to confirm that: (1) A recovery plan has been developed
or is being developed, and (2) where required under section 118, a
monitoring program has been established, vessels engaged in such
fisheries are registered, and a take reduction plan has been or is
being developed. For stocks that have met all of these criteria, NMFS
identified the fisheries that may be permitted incidental takes from
such marine mammal stocks (Table 1).
For the following stocks, NMFS has determined that the mortality
and serious injury incidental to commercial fishing operations will
have a negligible impact. An interim permit is issued for incidental
takes from these stocks for the Category I and II fisheries indicated
in Table 1. Vessels engaged in Category III fisheries included in this
list shall not be subject to penalties for the incidental taking of
marine mammals listed under the ESA, provided that such takes are
reported in accordance with section 118 of the MMPA.
Humpback whale, Central North Pacific stock
Steller sea lion, Eastern stock
Steller sea lion, Western U.S. stock
For the following stocks, NMFS is unable to determine that the
mortality and serious injury incidental to commercial fishing
operations will have a negligible impact. No takes of these endangered
or threatened marine mammal stocks incidental to commercial fishing are
allowed.
Fin whale, Western North Atlantic stock
Humpback whale, Western North Atlantic stock
Humpback whale, California/Oregon/Washington-Mexico stock
Northern right whale, Western North Atlantic stock
Sperm whale, Western North Atlantic stock
Sperm whale, California/Oregon/Washington stock
Hawaiian monk seal
There is no documented evidence of fishery-related interactions for
the following marine mammal stocks, which are listed as endangered or
threatened under the ESA:
Blue whale, Western North Atlantic stock
[[Page 45401]]
Blue whale, California/Mexico stock
Blue whale, Hawaii stock
Bowhead whale, Western Arctic stock
Fin whale, California/Oregon/Washington stock
Fin whale, Alaska stock
Fin whale, Hawaii stock
Humpback whale, Western North Pacific stock
Northern right whale, North Pacific stock
Sei whale, Western North Atlantic stock
Sei whale, Eastern North Pacific stock
Sperm whale, Northern Gulf of Mexico stock
Sperm whale, Alaska stock
Sperm whale, Hawaii stock
Guadalupe fur seal
Issuance of Permits
A single section 101(a)(5)(E) interim permit is hereby issued to
all vessel owners currently registered in fisheries designated as
Category I or II in Table 1. This permit will expire on December 31,
1995. After considering public comments received, individual permits,
to be effective January 1, 1996, will be issued for 1996, 1997, and
1998 in conjunction with registrations under section 118 of the MMPA.
Specific registration procedures for participants in Category I or II
fisheries will be published in the final LOF under section 118, which
will be effective January 1, 1996.
Permits may be suspended or revoked if the level of taking
specified in the Incidental Take Statement prepared under section 7 of
the ESA for each stock for which an incidental take permit is issued is
exceeded.
Dated: August 25, 1995.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
Table 1.--List of Fisheries and Stocks for Which the Criteria Under
Section 101(a)(5)(E)(I) Have Been Met
[An interim permit is issued for incidental takes from these stocks for
the Category I and II fisheries indicated. Vessels engaged in Category
III fisheries included in this list shall not be subject to penalties
for the incidental taking of marine mammals listed under the ESA,
provided that such takes are reported in accordance with section 118 of
the MMPA]
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Stocks for which takes are
Fishery allowed
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Category I fisheries:
CA/OR/WA thresher shark/swordfish/ Steller sea lion, Eastern
blue shark (blue shark OR only) stock.
drift gillnet.
Category II fisheries:
Southeast Alaska salmon drift Humpback whale, Central North
gillnet. Pacific stock.
Steller sea lion, Eastern
stock.
AK Prince William Sound salmon drift Steller sea lion, Western U.S.
gillnet. stock.
AK Yakutat salmon set gillnet....... Steller sea lion, Eastern
stock.
AK Cook Inlet salmon drift gillnet.. Steller sea lion, Western U.S.
stock.
AK Cook Inlet salmon set gillnet.... Steller sea lion, Western U.S.
stock.
AK Peninsula/Aleutian Islands salmon Steller sea lion, Western U.S.
drift gillnet. stock.
AK Bristol Bay salmon drift gillnet. Steller sea lion, Western U.S.
stock.
AK Bristol Bay salmon set gillnet... Steller sea lion, Western U.S.
stock.
AK Metlakatla/Annette Island salmon Steller sea lion, Eastern
drift gillnet. stock.
AK Kodiak salmon set gillnet........ Steller sea lion, Western U.S.
stock.
AK Bering Sea and Aleutian Islands Steller sea lion, Western U.S.
groundfish trawl. stock.
AK pair trawl....................... Steller sea lion, Western U.S.
stock.
Southeast Alaska salmon purse seine. Humpback whale, Central North
Pacific stock.
Steller sea lion, Eastern
stock.
AK southern Bering Sea, Aleutian Steller sea lion, Eastern
Islands, and Western Gulf of Alaska stock.
sablefish longline/set line--state
and Federal waters.
Steller sea lion, Western U.S.
stock.
Category III fisheries:
AK Prince William Sound set gillnet. Steller sea lion, Western U.S.
stock.
AK Kuskokwim, Yukon, Norton Sound, Steller sea lion, Western U.S.
Kotzebue salmon gillnet. stock.
AK Peninsula/Aleutian Islands salmon Steller sea lion, Western U.S.
set gillnet. stock.
AK salmon purse seine (except Steller sea lion, Western U.S.
Southeast). stock.
AK salmon hand/power troll.......... Steller sea lion, Eastern
stock.
Steller sea lion, Western U.S.
stock.
AK North Pacific halibut longline/ Steller sea lion, Eastern
set line--state and Federal waters. stock.
Steller sea lion, Western U.S.
stock.
AK miscellaneous finfish/groundfish Steller sea lion, Western U.S.
longline/set line--Federal waters. stock.
AK Gulf of Alaska groundfish trawl.. Steller sea lion, Western U.S.
stock.
CA/OR/WA groundfish trawl........... Steller sea lion, Eastern
stock.
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[FR Doc. 95-21775 Filed 8-29-95; 1:25 pm]
BILLING CODE 3510-22-M
