[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7992-7993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02513]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R7-ES-2022-0155; FF07CAMM00-FXES111607MWA07]
Marine Mammal Protection Act; Draft Stock Assessment Reports for
the Pacific Walrus Stock and Three Northern Sea Otter Stocks in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: In accordance with the Marine Mammal Protection Act and its
implementing regulations, we, the U.S. Fish and Wildlife Service, have
developed draft revised marine mammal stock assessment reports (SAR)
for the Pacific walrus (Odobenus rosmarus divergens) and for each of
the three northern sea otter (Enhydra lutris kenyoni) stocks in Alaska.
We invite comments on the four SARs from the public and from Federal,
tribal, state, and local governments.
DATES: We must receive comments by May 8, 2023. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m. Eastern Time on the closing date.
ADDRESSES:
Obtaining Documents: You may view the draft revised stock
assessment reports at https://www.regulations.gov under Docket No. FWS-
R7-ES-2022-0155, or you may request copies from the contact under FOR
FURTHER INFORMATION CONTACT.
Submitting Comments: You may submit comments by one of the
following methods:
Internet: https://www.regulations.gov. Search for and
submit comments on FWS-R7-ES-2022-0155.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R7-ES-2022-0155, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, Virginia 22041-3803.
We request that you send comments only by one of the two methods
described above. We will post all comments at https://www.regulations.gov. You may request that we withhold personal
identifying information from public review; however, we cannot
guarantee that we will be able to do so. For more information, see
Public Comment Procedures under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jenipher Cate, Marine Mammals
Management, by telephone at 907-205-8322; by email at
jenipher_cate@fws.gov; or by mail at U.S. Fish and Wildlife Service,
MS-341, 1011 East Tudor Road, Anchorage, Alaska 99503. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Marine Mammal
Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), and
its implementing regulations in the Code of Federal Regulations (CFR)
at 50 CFR part 18, we, the U.S. Fish and Wildlife Service (Service),
have developed four draft revised marine mammal stock assessment
reports (SARs) for species in Alaska. The draft revised SARs are for
the Pacific walrus (Odobenus rosmarus divergens) and for each of the
three stocks of the northern sea otter (Enhydra lutris kenyoni) in
Alaska--the southwest, southcentral, and southeast stocks. We invite
comments on the four draft SARs from the public and from Federal,
Tribal, State, and local governments.
Background
Under the MMPA and its implementing regulations, we regulate the
taking, possession, transportation, purchasing, selling, offering for
sale, exporting, and importing of marine mammals. One of the goals of
the MMPA is to ensure that each stock of marine mammals occurring in
waters under U.S. jurisdiction does not experience a level of human-
caused mortality and serious injury that is likely to cause the stock
to be reduced below its optimum sustainable population level (OSP). The
MMPA defines the OSP as ``the number of animals which will result in
the maximum productivity of the population or the species, keeping in
mind the carrying capacity of the habitat and the health of the
ecosystem of which they form a constituent element'' (16 U.S.C. 1362).
To help accomplish the goal of maintaining marine mammal stocks at
their OSPs, section 117 of the MMPA requires the Service and the
National Marine Fisheries Service (NMFS) to prepare an SAR for each
marine mammal stock that occurs in waters under U.S. jurisdiction. When
preparing SARs, section 117 of the MMPA also
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requires the Service to consider the best scientific information
available and consult with regional scientific review groups,
established under section 117(d) of the MMPA. Pursuant to section
117(a) of the MMPA, each SAR must include: (1) A description of the
stock and its geographic range; (2) a minimum population estimate,
maximum net productivity rate, and current population trend; (3) an
estimate of the annual human-caused mortality and serious injury of the
stock by source and, for a strategic stock, other factors that may be
causing a decline or impeding recovery of the stock, including effects
on marine mammal habitat and prey; (4) commercial fishery interactions;
(5) categorization of the status of the stock; and (6) an estimate on
the potential biological removal (PBR) level.
The MMPA defines the PBR level 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.'' (16 U.S.C. 1362(20)). The PBR is the product
of the minimum population estimate of the stock (Nmin); one-
half the maximum theoretical or estimated net productivity rate of the
stock at a small population size (Rmax); and a recovery
factor (Fr) of between 0.1 and 1.0, which is intended to
compensate for uncertainty and unknown estimation errors. This can be
written as: PBR = (Nmin)(\1/2\ of the Rmax)(Fr)
Section 117 of the MMPA also requires the Service and NMFS to
review the SARs (1) at least annually for stocks that are specified as
strategic stocks; (2) at least annually for stocks for which
significant new information is available; and (3) at least once every 3
years for all other stocks. If our review of the status of a stock
indicates that it has changed or may be more accurately determined,
then the SAR must be revised accordingly.
A strategic stock is defined in the MMPA as a marine mammal stock
``(A) for which the level of direct human-caused mortality exceeds the
PBR; (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 of 1973, as amended (16 U.S.C. 1531 et seq.),
within the foreseeable future; or (C) which is listed as a threatened
or endangered species under the ESA, or is designated as depleted under
[the MMPA].'' (16 U.S.C. 1362(19)).
Summary of Draft Revised Stock Assessment Reports
The SARs for the Pacific walrus (Odobenus rosmarus divergens) and
for the southwest, southcentral, and southeast stocks of the northern
sea otter (Enhydra lutris kenyoni) were last revised in 2014 (79 FR
22154). In 2021, the Service preliminarily concluded that stock
assessment revisions are warranted for each of these stocks because the
status of the stocks can be more accurately determined at this time. We
based this determination on new information that has become available,
such as population estimates for all these stocks, that allows us to
better describe their status. The Service is in consultation with the
Alaska Regional Scientific Review Group, established under section 117
of the MMPA, on these draft revised SARs.
The following table summarizes the draft revised SARs for the
Pacific walrus and the southwest, southcentral, and southeast stocks of
the northern sea otter, listing each stock's Nmin,
Rmax, Fr, PBR, annual estimated human-caused
mortality and serious injury, and status.
Summary of Draft Revised Stock Assessment Reports for the Pacific Walrus and for the Southwest, Southcentral, and Southeast Stocks of the Northern Sea
Otter
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Annual estimated human-caused
mortality
Stock Nmin Rmax Fr PBR -------------------------------- Stock status
Fishery/other Subsistence
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Pacific Walrus................... 214,008 0.06 0.5 3,210 <1 4,210 Strategic.
Northern Sea Otter, Southwest 41,666 0.29 0.4 2,417 <1 176 Strategic.
Stock.
Northern Sea Otter, Southcentral 19,854 0.29 0.75 2,159 <1 389 Nonstrategic.
Stock.
Northern Sea Otter, Southeast 25,768 0.29 0.75 2,803 <1 851 Nonstrategic.
Stock.
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Public Comment Procedures
If you wish to comment on any of the revised draft SARs, you may
submit your comments by one of the methods in ADDRESSES. Please
identify which revised draft SAR you are commenting on, make your
comments as specific as possible, confine comments to issues pertinent
to the draft revised SARs, and explain the reasons for any changes you
recommend. Where possible, your comments should reference the specific
section or paragraph of the SAR that you are addressing. We will
consider all comments that are received by the close of the comment
period (see DATES).
Comments, including names and addresses of respondents, will become
part of the administrative record. Before including your address,
telephone number, email address, or other personal identifying
information in your comment, be advised that your entire comment,
including your personal identifying information, may be made publicly
available at any time. While you can ask us in your comments to
withhold from public review your personal identifying information, we
cannot guarantee that we will be able to do so.
Next Steps
After consideration of any public comments received, we will revise
each of the SARs as appropriate for these stocks. We plan to publish a
notice of availability and summary of the final revised SARs, including
responses to comments we received.
References
The complete list of references used during the drafting of each of
the four draft revised SARs is available at https://www.regulations.gov
under Docket No. FWS-R7-ES-2022-0155 and upon request from the Alaska
Marine Mammals Management Office (see FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the Marine Mammal Protection Act
of 1972, as amended (16 U.S.C. 1361 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-02513 Filed 2-6-23; 8:45 am]
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