[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53510-53514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16935]
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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; 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.
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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, after
consideration of comments received from the public have revised the
marine mammal stock assessment reports (SARs) for the Pacific walrus
(Odobenus rosmarus divergens) and for each of the three northern sea
otter (Enhydra lutris kenyoni) stocks in Alaska. We now make these four
final revised SARs available to the public.
ADDRESSES: Obtaining Documents: You may view the final revised stock
assessment reports at https://www.regulations.gov in Docket No. FWS-R7-
ES-2022-0155, or you may request copies from the contact in FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Charles Hamilton, Marine Mammals
Management, by telephone at 907-786-3804; by email at
[email protected]; or by mail at U.S. Fish and Wildlife Service,
MS-341, 1011 East Tudor Road, Anchorage, AK, 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 final revised marine mammal stock assessment
reports (SARs) for species in Alaska. These 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.
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 (M/SI) 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(9)).
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 a SAR for each
marine mammal stock that occurs in waters under U.S. jurisdiction. A
SAR must be based on the best scientific information available;
therefore, we prepare it in consultation with the regional scientific
review groups established under section 117(d) 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 M/
SI by source and, for a strategic stock, other factors that may be
causing a decline or impeding recovery of the stock; (4) a description
of commercial fishery interactions; (5) a categorization of the status
of the stock; and (6) an estimate of 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 (a) at least annually for stocks that are specified as
strategic stocks; (b) at least annually for stocks for which
significant new information is available; and (c) 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 level; (B) which, based on the best available scientific
information, is declining and is likely to be listed as a threatened
species under the Endangered Species Act of 1973, [as amended] (16
U.S.C. 1531 et seq.) [ESA], 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 Revised Stock Assessment Reports
In accordance with Section 117(c) of the MMPA, the Service reviews
the stock assessments for the Pacific walrus and Southwest stock of the
northern sea otter annually (strategic stocks) and at least once every
3 years for the Southcentral and Southeast stocks of the northern sea
otter (non-strategic stocks). If we determine that new information
(such as new abundance estimates) indicates that a revision is
warranted, we will propose a revision. In 2021,
[[Page 53511]]
based on new information that had become available, the Service
initiated revisions of these SARs, and once completed, presented them
to the Alaska Regional Scientific Review Group (SRG) for their comment
and review.
The Service also published a notice in the Federal Register
informing the public of the availability of these draft revised SARs
and seeking public comment (88 FR 7992, February 7, 2023). These final
revised SARs incorporate the comments and suggestions provided to the
Service by the SRG and the public, as appropriate.
The following table summarizes the final 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 Final 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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M/SI
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Stock Nmin Rmax Fr PBR Fishery/ Stock status
other Subsistence
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Pacific Walrus................................. 214,008 0.06 0.5 3,210 <1 4,210 Strategic.
Northern Sea Otter (NSO) Southwest Stock....... 41,666 0.29 0.38 2,296 <1 176 Strategic.
NSO Southcentral Stock......................... 19,854 0.29 0.75 2,159 <1 389 Nonstrategic.
NSO Southeast Stock............................ 21,187 0.29 0.75 2,304 <1 851 Nonstrategic.
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Revisions to Northern Sea Otter, Southeast Stock SAR
On March 31, 2023, the Service released a technical report,
``Northern Sea Otter (Enhydra lutris kenyoni) Population Abundance and
Distribution across the Southeast Alaska Stock Summer 2022.'' This
report provides details of a stock-wide sea otter population survey
that was conducted May through June 2022. The collected data was
combined with all available prior population survey data from the
Southeast stock in an integrated population model, which provided
updated assessments of sea otter population abundance, trends through
time, and carrying capacity. We have incorporated the results from this
technical report into this final revised SAR and included the updates
to NMIN and PBR in the chart above. Although these values
slightly decreased, the status of the stock has not changed and remains
non-strategic.
Our Response to Comments
In addition to comments from the SRG, the Service also received
comments on the draft SARs from the Marine Mammal Commission, the
Eskimo Walrus Commission, and two members of the public. We present
substantive issues raised in those comments that are pertinent to all
four SARs first, and then comments pertinent to the Pacific walrus, and
then the three stocks of northern sea otters in Alaska, along with our
responses below.
Comments Pertinent to All Four Stock Assessment Reports
Comment 1: Final SARs for these four stocks were last published on
April 21, 2014 (79 FR 22154). The Service should take all steps
necessary to adhere to the schedule set forth in Section 117(c) of the
MMPA for revising SARs.
Service Response to Comment 1: The Service conducts timely reviews
of the stock assessment reports in accordance with Section 117(c)(1) of
the MMPA, which directs the Service to review SARs on an annual basis
for ``strategic'' stocks, an annual basis for stocks ``for which
significant new information is available,'' and every three years for
all other stocks. The Service is required to revise SARs only if such
review indicates that ``the status of the stock has changed or can be
more accurately determined.'' (16 U.S.C. 1386(c)(2). If, as a result of
its review, the Service determines that the status of the stock has
changed or can be more accurately determined, then the Service will
propose a revision.
Comments Pertinent to the Pacific Walrus
Comment 2: Given the future uncertainty of the Pacific walrus'
viability due to the effects of climate change, the Fish and Wildlife
Service should be required to enforce the PBR number for the Pacific
walrus and allow no more than that number to be taken.
Service Response to Comment 2: The most recent population
information suggests that subsistence walrus harvests are occurring at
sustainable levels. We acknowledge that climate change is impacting
walrus sea ice habitats, which could lead to a future population
decline. If the population starts to decline due to environmental
conditions, managers and subsistence users will need to work closely
together to ensure that harvest levels remain sustainable. The Service
is in the process of developing a projection model based on the best
available estimates of population size, growth rate, and carrying
capacity to help inform harvest management decisions under an array of
potential climate change and anthropogenic disturbance scenarios.
Section 119(a) of the MMPA provides for the development of co-
management agreements with Alaska Natives for the subsistence use of
marine mammals, and tribally based hunting ordinances provide a
potential mechanism for self-regulation of harvest.
Comment 3: The draft SAR states: ``By the 1980s, walrus researchers
were concerned that the population had exceeded its natural carrying
capacity . . .''. The draft SAR also notes that ``in 1980 the
population was estimated to be 254,890 with a 95% confidence level for
184,000-344,000''. The latest estimate in 2017 has very similar
numbers, 257,193 and 171,138-366,366. Is there a similar concern that
the natural carrying capacity has been reached or exceeded?
Service Response to Comment 3: Fluctuations in density-dependent
vital rates over the past several decades suggest that the carrying
capacity of the ecosystem has likely shifted over time. Declining
reproductive and calf survival rates in the 1980s suggest that the
population may have approached or exceeded carrying capacity.
Population models suggest a decline in abundance may have occurred
through the 1980s and 1990s, which lessened over time as reproductive
and calf survival rates rose in a density[hyphen]dependent manner. The
most recent information on walrus vital rates does not indicate that
the population is in a food limited status at the present time.
Comment 4: The harvest reporting correction factor for Pacific
walrus is over 30 years old and the struck and lost
[[Page 53512]]
is based on data collected over 50 years ago; these are not reliable
for calculating current harvest data. These should be studied with the
cooperation of the Eskimo Walrus Commission and its communities.
Service Response to Comment 4: We agree that the harvest reporting
correction factor and the struck and lost rates should be studied with
the cooperation of the Eskimo Walrus Commissions and its communities.
Imperfect harvest reporting and unknown struck and lost rates
associated with modern hunting practices create uncertainty with
respect to true harvest removal levels. For the purpose of the SAR, we
use the best available information to account for these factors. We
have also applied a conservative (0.5) recovery factor in our PBR
calculation to account for these uncertainties. Improving harvest
removal estimates is a top management priority for this species that
can only be addressed through a collaborative effort with subsistence
hunters and leaders.
Comment 5: There is considerable overlap between commercial
fisheries and walrus as their use of terrestrial haulouts and foraging
by swimming longer distances increase. Commercial fisheries and
shipping disturbances in both U.S. and Russian waters must be
considered more carefully.
Service Response to Comment 5: While direct mortality or injury
associated with interactions with commercial fishing gear is rare,
marine (and air) traffic occurring near coastal walrus haulouts is an
emerging conservation and management concern. Disturbances associated
with marine vessels and other human activities can disrupt resting and
foraging patterns and lead to trampling related injuries and
mortalities. The Service and partners conduct annual outreach and
education campaigns to raise awareness about the sensitivity of
walruses to disturbances and distribute guidance to commercial
fishermen, mariners and aircraft pilots about how to avoid disturbances
to walruses. The Service has provided clarifying language in the final
revised SAR for the Pacific walrus recognizing the potential future
impacts of commercial fisheries and shipping on the stock.
Comment 6: The statement that ``Although subsistence harvest rates
are declining and appear to be within a sustainable range at present''
should be explained because it exceeds the PBR.
Service Response to Comment 6: Indigenous harvest rates are
declining and harvest rates have not prohibited the Pacific walrus
population from being ``at or near its OSP range.'' The language in the
final revised SAR has been edited to explain that harvest
sustainability was determined by other analyses rather than the PBR
formula, based on a Bayesian Belief Network model by MacCraken et al.
(2017). We also note that the PBR formula includes a conservative
correction factor (FR value) due to uncertainty associated
with estimates of human caused mortality.
Comment 7: Please provide a clearer explanation of how the value of
the recovery factor (FR) was selected when calculating
Potential Biological Removal (PBR).
Service Response to Comment 7: The final revised SAR includes
additional language explaining that a conservative FR value
of 0.5 has been adopted in consideration of uncertainty associated with
estimates of human caused removals and a petition to consider listing
walruses under the ESA.
Comment 8: Incomplete harvest reporting and potentially high rates
of strike-and-loss during subsistence harvest of Pacific Walrus should
be addressed in more detail.
Service Response to Comment 8: The final revised SAR includes
additional language acknowledging the issue of under-reporting of
harvest and tentative plans to engage in a collaborative effort in key
walrus harvest communities to refine harvest estimates.
Comments Pertinent to Northern Sea Otter Stocks
Comment 9: The Service used a recovery factor (FR) for
the Southwest stock that was reduced by 20% (reduced from 0.5 to 0.4)
to account for uncertainty around human-caused removals. However, the
FR for the Southeast and Southcentral stocks was reduced by
25% (reduced from 1 to 0.75). Are there differences in uncertainty
surrounding human-caused removals across the three stocks are or are
they similar? If similar, the Service should use the same FR
across the stocks for standardization.
Service Response to Comment 9: The uncertainty in human-caused
mortality is similar across all three stocks. In the final revised SAR,
we have updated the Southwest SAR to reduce the FR value in
the Southwest stock to match the reduction in the Southcentral and
Southeast stocks by 25%. The updated Southwest stock FR is
0.38. We have updated the Potential Biological Removal (PBR)
calculation based on this change, which resulted in an updated PBR of
2,296 sea otters for the Southwest stock.
Comment 10: The Service makes statements about sea otter population
trends in the five management units (MU) of the Southwest stock, but
this is problematic given the relatively limited historical data,
overlapping confidence intervals for population estimates, and
differences in the frequency, methods, and timing of population surveys
within each MU. Additionally, in many of the surveys listed, the
Service does not clearly indicate if the survey was aerial or boat-
based, the time of year the survey was conducted. We recommend the
Service add more survey details in each MU section, limit conclusions
about stock abundance and status, and add statements of how the Service
plans to address these concerns to provide more consistency across the
five MUs in the Southwest stock.
Service Response to Comment 10: We have edited each of the sections
summarizing population surveys for the five Management Units (MU) to
provide additional details on the season, month the survey was
conducted, survey platform, and analytical approach. We provide
additional details about differences in methodology and how this
affects our ability to accurately describe the magnitude of increases
or decreases in each MU. The Service plans to develop integrated
population models to incorporate the various population surveys across
the five MUs in a single analytical framework, following a similar
approach developed for the Southeast stock of northern sea otters
(Eisaguirre et al. 2021, 2023, Schuette et al. 2023). This approach
will allow the Service to better account for methodological differences
across the five MUs to provide a more comprehensive view of sea otter
population abundance, distribution, and trends through time.
Comment 11: The estimates of human-caused mortality and serious
injury (M/SI) in the SARs for the Southwest, Southcentral, and
Southeast Alaska stocks of northern sea otters are based almost
entirely on subsistence harvest data collected by FWS's marking,
tagging, reporting program (MTRP). However, it is unclear whether or
not all subsistence harvests are reported, and some M/SI of sea otters
from other sources (e.g., illegal and unreported hunting) likely
occurs. We recommend the Service develop a method for quantifying
unreported harvest and include that information in the SARs.
Service Response to Comment 11: The Service acknowledges there is
an information gap pertaining to unreported harvest of sea otters. MTRP
harvest reporting data collection was initiated in 1989 and is ongoing.
MTRP data is the most comprehensive data set
[[Page 53513]]
available for legal harvest. The Service is considering options for
accounting for unreported harvest in future population models. The
Service has little empirical data to quantify the amount of illegal
take associated with fisheries conflict. The Service is considering
options for accounting for illegal takes in future population models.
Comment 12: FWS discusses ``illegal'' takes of sea otters
(including possession, transport, and sale of sea otter hides) in the
SARs for the Southeast and Southwest stocks in the subsections on
``Alaska Native Subsistence Harvest Information.'' However, referencing
illegal takes of sea otters and illegal handling of sea otter hides in
that subsection is inappropriate, given that taking of sea otters and
other marine mammals by Alaska Natives for subsistence purposes and to
create and sell authentic articles of handicrafts and clothing is not
illegal as long as the taking is not conducted in a wasteful manner. We
suggest the Service move the discussion of illegal takes of sea otters
to a separate subsection within the ``Annual Human-Caused Mortality and
Serious Injury'' section of the SARs (i.e., not the subsection on
``Alaska Native Subsistence Harvest Information'').
Service Response to Comment 12: We agree that these statements do
not belong in this section. We have moved the statements related to
illegal take to a new heading, `Illegal Take' under `Annual Human-
Caused Mortality and Serious Injury' in all of the northern sea otters
SARs to make it clearer that there is a difference between legal take
by Alaska Native peoples and the various forms of illegal take.
Comment 13: In the ``Fisheries Information'' subsections, the draft
SARs note that the National Marine Fisheries Service (NMFS) maintains
an observer program to detect and estimate M/SI of marine mammals. The
Alaska Marine Mammal Observer Program was designed specifically to
collect data on marine mammal M/SI in nearshore salmon drift gillnet
and set gillnet fisheries, where sea otters are at relatively high risk
of entanglement. However, that program has not operated since 2013 and,
when it was operating, observer coverage was low. As such, although the
Service concludes that M/SI from fisheries is likely low, there are
actually no reliable estimates of sea otter M/SI in the commercial
fisheries that pose the highest entanglement risk to sea otters. We
recommend that the Service coordinate with NMFS to ensure sufficient
levels of observer coverage in all nearshore fisheries that may pose a
significant entanglement risk to any of the three stocks of sea otters
in Alaska. Observer coverage should be sufficient to (1) generate
reliable estimates of serious injury and mortality, as required under
section 118 of the MMPA, and (2) provide a basis for introducing
measures to reduce sea otter bycatch if and as necessary.
Service Response to Comment 13: As we state in the final revised
SARs, the reported level of incidental take of sea otters from
fisheries is very low, and it is difficult to state the total combined
effect of fisheries, including whether the total fishery mortality and
serious injury rate is insignificant and approaching a zero mortality
and serious injury rate. The Service obtains fisheries related
information from NMFS. The Service is supportive of initiatives to
obtain more reliable information on incidental take from fisheries
managed by NMFS, the State of Alaska, and local stakeholders. This will
include strategies to gather information associated with State managed
shellfisheries and mariculture activities, which are increasing across
the State of Alaska.
Comment 14: In the draft SARs, the discussion of Flannery et al.
2021 suggests genetic information could be important for stock
differentiation. Does Flannery et al. 2021 suggest a stock delineation
different than that of the three stocks currently used by FWS?
Service Response to Comment 14: No, this study does not suggest a
different delineation, rather it recognizes that the inclusion of
genetic variation among sea otter populations is important to define
stock delineations and indicates that genetic differentiation among
northern sea otters is clinal across their range (Larson et al. 2021,
Flannery et al. 2021).
Comment 15: In the draft SARs, a few different Rmax
values from the scientific literature are described; the reports should
clearly state which value for Rmax was selected and why.
Service Response to Comment 15: We agree, the Service added
language to all three final revised sea otter SARs to clarify that we
used 0.29 as the value for Rmax, which is the maximum
intrinsic rate of growth achievable by northern sea otters.
Comment 16: Why is unknown subsistence harvest considered to be
negatively biased when there are similar unknown mortalities associated
with oil spills, boating, and mariculture?
Service Response to Comment 16: The Service agrees with this
comment, and we have removed this statement from all three final
revised sea otter SARs.
Comment 17: The draft SARs mention that there is uncertainty in the
rate of human-caused mortality associated with increased development in
the mariculture industry. Is there conflict between the northern sea
otter stocks and the mariculture industry?
Service Response to Comment 17: A recent report (Rehberg and
Goodglick 2023) to the Service provides information on potential
conflicts between sea otters and certain types of mariculture; however,
negative interactions have only been reported in Kachemak Bay. The
Service revised all three final sea otter SARs to reflect this
information and promote awareness of mariculture as another source of
uncertainty and potential conflict.
Comment 18: Figures 2 and 3 in the Southcentral SAR should be
revised to add clarity in the following ways: (1) remove the point-to-
point trend lines because abundance estimates with lines implies that
we know for a fact what the population trajectory is between the
points, and if a trend line is drawn, typically it should be a
regression trend line. Although the trend lines would not be different
from what is already there, this is more problematic in Figure 3,
especially for Western Prince William Sound, because it seems to
suggest that the ups and down of the abundance in the time series are
real when, given the confidence intervals, they are most likely
sampling variance; (2) clearly identify the name of the regions
illustrated so that it is easier to match with previous tables and
figures; and (3) do not use the same blue and green colors in Figures 2
and 3 because they do not represent the same regions, and it is
confusing.
Service Response to Comment 18: We agree with all of the comments
made about Figures 2 and 3 in the Southcentral SAR. We have created a
single, revised figure that illustrates the same data originally
presented in Figures 2 and 3, but in a simpler and easier to follow
format. This new figure (Figure 2) now presents the three sub-regions
as a series of independent estimates (not a line plot) from each survey
area. This figure is in black and white (rather than in color) and now
more closely matches the figure style used in the Southwest and
Southeast Sea Otter SARs.
Comment 19: The description of the contours of the critical habitat
designated for the Southwest stock under the ESA is confusing because
it is not clear which marine waters are included in the critical
habitat designation.
Service Response to Comment 19: The Service has revised this SAR by
adding the following clarification: ``As part of the ESA listing
decision, the Service designated 15,164 km\2\ (5,855 mi\2\) of
[[Page 53514]]
nearshore waters as Southwest stock critical habitat, which occurs in
nearshore marine waters ranging from the mean high tide line seaward
for a distance of 100 meters or to a water depth of 20 meters (65.6 ft)
(74 FR 51988).''
Comment 20: In the Southwest SAR, consider whether there was an
actual decline and then increase in the Bristol Bay MU because although
the coefficients of variation (CVs) overlap across all three Southwest
stock surveys, there are also differences among the survey methods.
Service Response to Comment 20: The Service agrees that there may
not have been an initial decline, and we have revised our discussion
regarding this MU in the final revised SAR.
Comment 21: The Southwest stock SAR states that: ``The best
available information indicates that the Southwest stock in the
Aleutian archipelago declined by up to 90 percent in the 1990s.'' What
is the citation for the scientific literature that support this
statement?
Service Response to Comment 21: The Service has added the citation
Doroff et al. 2003 as reference to support this statement in the final
revised SAR.
Comment 22: In the Southwest stock SAR, the Service should add a
description of how mortality is distributed across the management units
(MUs) (e.g., ~90% of the human-caused M/SI occurred around Kodiak, the
MU with the largest abundance), or a qualitative sentence saying that
distribution of mortality across MUs is something that the Service
considered but that it does not seem to be a concern.
Service Response to Comment 22: The Service added language to this
final revised SAR to explain that 96% of the harvest occurs in the
Kodiak, Kamishak, Alaska Peninsula MUs, where most people and sea
otters are located.
References
The complete list of references used for each of these 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. 2023-16935 Filed 8-7-23; 8:45 am]
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