[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Notices]
[Pages 67541-67543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25645]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092104B]


Notice of Availability of Draft Stock Assessment Reports

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS reviewed the Alaska, Atlantic, and Pacific regional 
marine mammal stock assessment reports (SARs) in accordance with the 
Marine Mammal Protection Act (MMPA). After a review of SARs and new 
information on the status of marine mammals, NMFS determined that 
marine mammal stocks in the Alaska and Atlantic regions did not change 
status or the status could not be determined more accurately. SARs for 
marine mammals in these two regions were not revised. SARs for marine 
mammals in the Pacific region were revised according to new 
information. NMFS also proposes changes to the guidelines for preparing 
SARs. NMFS solicits public comments on draft 2004 Pacific reports and 
on proposed changes to the guidelines for preparing SARs.

DATES: Comments must be received by February 16, 2005.

ADDRESSES: Send comments or requests for copies of reports to: Chief, 
Marine Mammal Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910-3226, Attn: Stock Assessments. Comments may also be 
sent via facsimile (fax) to 301-427-2580 or via email to 
<a href="/cdn-cgi/l/email-protection#d9b4b4aab8abf7ebe9e9ed99b7b6b8b8f7beb6af"><span class="__cf_email__" data-cfemail="036e6e7062712d31333337436d6c62622d646c75">[email protected]</span></a>. Copies of the Pacific Regional SARs may be 
requested from Cathy Campbell, Southwest Regional Office, NMFS, 501 
West Ocean Boulevard, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Tom Eagle, Office of Protected 
Resources, 301-713-2322, ext. 105, e-mail <a href="/cdn-cgi/l/email-protection#5a0e3537741f3b3d363f1a34353b3b743d352c"><span class="__cf_email__" data-cfemail="9bcff4f6b5defafcf7fedbf5f4fafab5fcf4ed">[email protected]</span></a> or Cathy 
Campbell, 562-280-4060, e-mail <a href="/cdn-cgi/l/email-protection#e5a684918d9ccba0cba684889587808989a58b8a8484cb828a93"><span class="__cf_email__" data-cfemail="de9dbfaab6a7f09bf09dbfb3aebcbbb2b29eb0b1bfbff0b9b1a8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Electronic Access

    All draft stock assessment reports and the proposed revisions to 
the guidelines for preparing them are available via the Internet at 
http://www.nmfs.noaa.gov/prot--res/PR2/

[[Page 67542]]

Stock--Assessment--Program/sars.html.

Background

    Section 117 of the Marine Mammal Protection Act (MMPA) (16 U.S.C. 
1361 et seq.) requires NMFS and the U.S. Fish and Wildlife Service 
(FWS) to prepare stock assessments for each stock of marine mammals 
occurring in waters under the jurisdiction of the United States. 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 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 3 years for non-strategic stocks. 
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 Scientific Review 
Groups (SRGs), reviewed the status of marine mammal stocks as required 
and revised reports in the Pacific region. NMFS solicits public 
comments on the draft 2004 Pacific SARs.
    The SARs in the Alaska and Atlantic regions were reviewed along 
with new information on these stocks of marine mammals. Although new 
abundance or mortality estimates were available for some stocks in 
these regions, the status of no stocks in these regions would be 
changed. Furthermore, NMFS could not determine the status of marine 
mammal stocks in the Alaska or Atlantic regions with substantially 
improved accuracy. Therefore, the reports in these two regions were not 
revised.
    NMFS convened a workshop in June 1994, including representatives 
from NMFS, FWS, and the Marine Mammal Commission, to prepare draft 
guidelines for preparing SARs. The report of this workshop (Barlow et 
al., 1995) included the guidelines for preparing SARs and a summary of 
the discussions upon which the guidelines were based. The draft 
guidelines were made available, along with the initial draft SARs, for 
public review and comment (59 FR 40527, August 9, 1995).
    In 1996, NMFS convened a second workshop to review the guidelines 
and to recommend changes, if appropriate, to them. Workshop 
participants included representatives from NMFS, FWS, MMC, and the 
three regional SRGs. The report of that workshop (Wade and Angliss, 
1997) summarized the discussion at the workshop and contained revised 
guidelines. The revised guidelines represented minor changes from the 
initial version. The revised guidelines were made available for public 
review and comment along with revised stock assessment reports on 
January 21, 1997 (62 FR 3005).
    In September 2003, NMFS again convened a workshop to review 
guidelines for SARs and again has proposed minor changes to the 
guidelines. Participants at the workshop included representatives of 
NMFS, FWS, MMC, and the regional SRGs. NMFS solicits public comments on 
the proposed changes to the guidelines for preparing SARs.

Revisions to Stock Assessment Reports

    The Pacific SARs contain new or revised stock assessments for 30 
Pacific marine mammal stocks under NMFS' jurisdiction. Reports on the 
remaining 30 Pacific region stocks were not revised.
    NMFS conducted its first comprehensive survey to estimate the 
abundance of cetaceans in the U.S. Exclusive Economic Zone (EEZ) 
surrounding the Hawaiian Archipelago in fall 2002. Results of this 
survey were incorporated into the draft 2004 SARs for Hawaiian 
cetaceans, including abundance and Potential Biological Removal (PBR) 
estimates for all Hawaiian stocks except blue and minke whales. Three 
new reports were added to the Pacific SARs as a result of the 2002 
survey, Hawaiian stocks of sei whales, minke whales, and Longman's 
beaked whales. SARs for Hawaiian stocks of marine mammals were also 
updated to revised mortality estimates to include results of an 
increased level of observer coverage in the Hawaiian longline fishery.
    The report for the Hawaiian stock of false killer whales has been 
changed to reflect information indicating fine-scale stock structure of 
false killer whales. The draft report includes two prospective stocks 
of false killer whales because whales in the EEZ around Palmyra Island 
are likely a different stock than around the Hawaiian Islands. The 
ranges of these two prospective stocks include the EEZ surrounding 
Palmyra Island and the EEZ surrounding the Hawaiian Islands, 
respectively. False killer whales in international waters are not 
included in either of these prospective stocks; however, the Hawaii 
longline fishery causes serious injury and mortality of false killer 
whales on the high seas. MMPA section 117 requires SARs to be prepared 
for all stocks of marine mammals occurring in waters under US 
jurisdiction, but it has no provisions for assessing the status of 
marine mammal stocks found on the high seas. Therefore, it is unlikely 
that abundance and PBR estimates will be available for stocks of false 
killer whales and other cetaceans that do not occupy waters under US 
jurisdiction.
    The SAR for Hawaiian monk seals was revised to indicate the PBR for 
this stock is undefined. The change is consistent with a recommended 
change to the guidelines for preparing SARs, discussed below.

Revisions to Guidelines

    Revisions to guidelines for preparing SARs focus primarily on stock 
structure and estimating PBR. The current guidelines for identifying 
stocks of marine mammals state, ``For the purposes of management under 
the MMPA, a stock is recognized as being a management unit that 
identifies a demographically isolated biological population.'' Proposed 
revisions to the section of the guidelines entitled ``Definition of 
Stock'' generally clarify specific points related to demographic 
isolation as the basis for identifying stocks of marine mammals. 
Selected proposed changes to the guidelines are summarized below.
    The definition of ``population stock'' or ``stock'' in the MMPA 
includes the phrase ``interbreed when mature''. The proposed changes to 
the guidelines recognize the phrase ``interbreed when mature'' includes 
cases in which a group of marine mammals migrates seasonally to a 
breeding ground where its members interbreed with members of the same 
group or with members of other demographically isolated groups that 
have migrated to the same breeding ground from other feeding areas. 
NMFS identified the Gulf of Maine feeding aggregation of humpback 
whales in the Western North Atlantic Ocean as a separate stock in 2000; 
thus, the proposed change emphasizes and clarifies practice NMFS has 
used in the past.
    In the absence of data related to stock structure for a specific 
group of marine mammals, NMFS may use data on stock structure from 
other parts of a species' range to make inferences about the likely 
geographic sizes of stocks. The proposed guidelines clarify the use of 
indirect observation and information in such cases.
    Another proposed change addresses ``prospective stocks'' when data 
suggest stock structure is more finely scaled than the current stock 
identity indicates, but the data are insufficient to fully

[[Page 67543]]

support a new stock. Under this change, abundance, PBR, and mortality 
estimates of the prospective stocks would be included in a SAR. The 
identification of management units of coastal bottlenose dolphins in 
the Western North Atlantic in the 2002 SARs is an example of a previous 
use of this concept although the terminology was different (management 
units versus prospective stocks). The 2004 draft SARs for the Hawaii 
stock of false killer whales identifies prospective stock structure in 
accordance with this proposed change.
    In unusual situations, the formula Congress added to the MMPA to 
calculate PBR (Nmin*0.5Rmax*Fr) results in a number that is not 
consistent with the narrative definition of PBR (the maximum number of 
animals, not including natural mortality, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
OSP). Such a situation arises when a stock is below its OSP and is 
declining or stable, yet human-caused mortality is a not a major factor 
in the population's trend. For example, Hawaiian monk seals are 
endangered, declining, and below OSP (based upon the abundance prior to 
the 1970s), yet human-caused mortality is insufficient to account for 
the decline or a failure to increase. A limited removal would not 
reduce the population's ability not reach or maintain its OSP after the 
major factors affecting the stock have been identified and addressed.
    One option for PBR in these situations is to estimate PBR as zero. 
However, a PBR of zero may not reflect the concept of PBR included in 
the narrative definition. Furthermore, a PBR of zero would be 
inconsistent with Congress' concerns about the need to establish a 
procedure that allows for occasional taking of threatened or endangered 
species incidental to commercial fishing (See House Report 103-439 
(March 21, 1994) at 30.) Therefore, in these unusual situations, NMFS 
may report PBR as ``undefined''. The draft 2004 SAR for Hawaiian monk 
seals has been changed in accordance with this proposed change to the 
guidelines.

    Dated: November 15, 2004.
P. Michael Payne
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-25645 Filed 11-17-04; 8:45 am]
BILLING CODE 3510-22-S


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