81972 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Notices 

will then review a re-run of the 2009 gag 

update assessment with a corrected size 

distribution for the recreational discard 

data and commercial discard estimates 

based on observer data. The Committee 

will also review the impact of applying 

observer based discard estimates on the 

2009 red grouper update assessment. 

The Committee will then review the 

following assessments: Greater 

amberjack update assessment, SEDAR 

15 mutton snapper benchmark 

assessment, and SEDAR 23 goliath 

grouper benchmark assessment. 

Copies of the agenda and other related 

materials can be obtained by calling 

(813) 348–1630 or can be downloaded 

from the Council’s ftp site, 

ftp.gulfcouncil.org. 

Although other non-emergency issues 

not on the agenda may come before the 

Scientific and Statistical Committees for 

discussion, in accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

those issues may not be the subject of 

formal action during this meeting. 

Actions of the Scientific and Statistical 

Committees will be restricted to those 

issues specifically identified in the 

agenda and any issues arising after 

publication of this notice that require 

emergency action under Section 305(c) 

of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the Council’s intent to take action to 

address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Trish Kennedy at the Council (see 

ADDRESSES) at least 5 working days prior 

to the meeting. 

Dated: December 23, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–32737 Filed 12–28–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA107 

New England Fishery Management 

Council; Public Meeting; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a correction to a 

public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) 

Herring Committee will meet to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will be held on 

Thursday, January 20, 2011 at 9 a.m. 

ADDRESSES: The meeting will be held at 

the Clarion Hotel, 1230 Congress Street, 

Portland, ME 04102; telephone: (207) 

774–5611; fax: (207) 871–0510. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The 

original notice published in the Federal 

Register on December 23, 2010 (75 FR 

80796). The notice is being republished 

in its entirety. 

The items of discussion in the 

committee’s agenda are as follows: 

1. The Herring Oversight Committee 

will continue development of catch 

monitoring alternatives for inclusion in 

Amendment 5 to the Atlantic Herring 

Fishery Management Plan (FMP); 

alternatives include management 

measures to: 

• Adjust the fishery management 

program (administrative provisions, 

carrier vessels, transfers at sea, 

notification requirements, quota 

monitoring, reporting, and permit 

provisions); 

• Address at-sea monitoring, observer 

coverage levels, address maximized 

retention, and maximize sampling and 

address net slippage; 

• Address portside sampling, portside 

sampling program design, and measures 

to verify self-reported landings; 

2. They will continue development of 

management measures and alternatives 

to address river herring bycatch for 

consideration in Amendment 5; 

alternatives may include identification 

of river herring hotpots, management 

alternatives to apply to those hotspots 

(monitoring, avoidance, protection), 

and/or catch caps for river herring; 

3. Also on the agenda is to review/ 

discuss available information regarding 

the development of management 

measures to protect spawning fish in 

Amendment 5, develop Committee 

recommendations; 

4. They will also discuss development 

of alternatives to address midwater 

trawl vessel access to groundfish closed 

areas; 

5. The Committee will develop 

recommendations for Council 

consideration regarding all of the 

management alternatives for inclusion 

in Amendment 5 Draft EIS (catch 

monitoring program, measures to 

address river herring bycatch, access to 

groundfish closed areas, protection of 

spawning fish); and 

6. Given time other business will be 

discussed. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Paul 

J. Howard (see ADDRESSES) at least 5 

days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 23, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–32793 Filed 12–28–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ23 

Taking of Threatened or Endangered 

Marine Mammals Incidental to 

Commercial Fishing Operations; 

Issuance of Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), NMFS hereby issues a permit 

for a period of three years to authorize 

the incidental, but not intentional, 

taking of individuals from six marine 

mammal stocks listed under the 

Endangered Species Act (ESA) by 

participants in several groundfish 


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fisheries in the Bering Sea and the Gulf 

of Alaska. This authorization is based 

on determinations that mortality and 

serious injury of endangered stocks of 

Central North Pacific (CNP) humpback 

whales, Western North Pacific (WNP) 

stock of humpback whales, Northeast 

Pacific (NEP) stock of fin whales, North 

Pacific stock of sperm whales, and 

Western U.S. stock of Steller sea lions; 

and on the threatened Eastern U.S. stock 

of Steller sea lions incidental to 

commercial fishing will have a 

negligible impact on these stocks, that 

recovery plans have been developed or 

are being prepared, that a monitoring 

program is established, and that vessels 

in the fisheries are registered. Take 

Reduction Plans (TRPs) are not required 

for the NEP stock of fin whales or the 

Eastern U.S. stock of Steller sea lions 

because mortality and serious injury of 

these stocks incidental to commercial 

fishing operations are at insignificant 

levels approaching a zero mortality and 

serious injury rate; TRPs for other 

species will be deferred as sufficient 

funding is not available at this time. 

DATES: This permit is effective for a 

three-year period beginning January 1, 

2011. 

ADDRESSES: Reference material for this 

permit is available on the Internet at the 

following address: http://www. 

alaskafisheries.noaa.gov/index/

analyses/analyses.asp. Recovery plans 

for these species are available on the 

Internet at the following address: http:// 

www.nmfs.noaa.gov/pr/recovery/plans.

htm#mammals. 

Copies of the reference materials may 

also be obtained from the Protected 

Resources Division, NMFS, Alaska 

Region, Protected Resources Division, 

P.O. Box 21668, Juneau, AK 99802. 

Attention—Kaja Brix, Assistant Regional 

Administrator. 

FOR FURTHER INFORMATION CONTACT: 

Dana J. Seagars, Alaska Regional Office, 

(907) 271–5005, or Tom Eagle, Office of 

Protected Resources, (301) 713–2322, 

ext. 105. 

SUPPLEMENTARY INFORMATION: 

Background 

MMPA section 101(a)(5)(E) requires 

NMFS to allow the taking of marine 

mammals from species or stocks listed 

as threatened or endangered under the 

ESA (16 U.S.C. 1531 et seq.) incidental 

to commercial fishing operations if 

NMFS determines that: (1) Incidental 

mortality and serious injury will have a 

negligible impact on the affected species 

or stock; (2) a recovery plan has been 

developed or is being developed for 

such species or stock under the ESA; 

and (3) where required under section 

118 of the MMPA, a monitoring program 

has been established, vessels engaged in 

such fisheries are registered in 

accordance with section 118 of the 

MMPA, and a take reduction plan has 

been developed or is being developed 

for such species or stock. 

On November 9, 2010 (75 FR 68767), 

NMFS proposed to issue a permit to 

incidentally take certain ESA listed 

marine mammal stocks by vessels 

registered in the following Federal and 

State-parallel Category II groundfish 

fisheries: The AK Bering Sea/Aleutian 

Islands flatfish trawl, AK Bering Sea/ 

Aleutian Island pollock trawl, AK 

Bering Sea sablefish pot, and AK Bering 

Sea/Aleutian Islands Pacific cod 

longline fisheries. NMFS is now issuing 

a 3-year permit to participants in the 

above fisheries under MMPA section 

101(a)(5)(E) for the incidental taking of 

five marine mammal stocks listed as: 

Endangered under the ESA—the CNP 

stock of humpback whales, the WNP 

stock of humpback whales, the NEP 

stock of fin whales, the North Pacific 

stock of sperm whales, and the Western 

U.S. stock of Steller sea lions, and from 

one stock listed as threatened—the 

Eastern U.S. stock of Steller sea lions. 

Taking of individuals from these 

threatened or endangered stocks of 

marine mammals would be authorized 

only in the fisheries identified in Table 

1; no other Alaska-based groundfish 

fisheries are known to take these or 

other species or stocks of threatened or 

endangered marine mammals. There are 

no Category I fisheries designated in 

Alaska. Participants in the seven 

Category III fisheries identified in this 

notice (Table 1) are not required to 

obtain such incidental take permits but 

are required to report injuries or 

mortalities of marine mammals 

incidental to their operations for the 

taking to be authorized after a Negligible 

Impact Determination (NID) has been 

made. State-parallel groundfish fisheries 

are included in this proposed permit. 

NMFS will consider issuing permits at 

a future date for the taking of the subject 

threatened or endangered species by 

participants in State-managed fisheries 

other than the State-parallel groundfish 

fisheries. The data for considering these 

authorizations were reviewed 

coincident with the 2011 MMPA List of 

Fisheries (LOF) (75 FR November 8, 

2010), the draft 2010 marine mammal 

stock assessment reports (dSAR) (Allen 

and Angliss 2010), and other relevant 

sources. 

Prior to issuing a permit to take ESAlisted marine mammals incidental to 

commercial fishing, NMFS must 

determine if the mortality and serious 

injury incidental to commercial 

fisheries will have a negligible impact 

on the affected species or stocks of 

marine mammals. NMFS satisfied this 

requirement through completion of an 

NID. NMFS issued a draft NID for the 

proposed action (November 9, 2010: 75 

FR 68767), with minor edits, NMFS now 

issues a final document (http:// 

www.alaskafisheries.noaa.gov/index/ 

analyses/analyses.asp). 

Determinations for the Permit 

The following determinations and 

supporting information were included 

in notice of the proposed permit (75 FR 

68767, November 9, 2010). 

Negligible Impact 

NMFS previously issued an NID for 

CNP humpback whales (75 FR 29984, 

May 28, 2010) addressing taking in both 

Alaska and Hawaiian waters; the 

conclusions reached in that document 

remain valid. In addition, relevant 

information was reviewed in the NID 

issued for this permit. Based on that 

review NMFS has estimated that 

mortality and serious injury of CNP 

humpback whales incidental to 

commercial fishing operations in HI and 

AK totals 3.8 whales per year, which is 

6.2 percent of the stock’s Potential 

Biological Removal (PBR) level. NMFS 

concludes that incidental mortality and 

serious injury at this total rate will have 

a negligible impact on CNP humpback 

whales. Although humpback whales are 

taken incidental to fisheries in Hawaiian 

and Alaskan waters, this permit is 

limited to the Alaska-based fisheries 

because such taking was previously 

permitted for the Hawaii-based fisheries 

(75 FR 29984, May 28, 2010). 

NMFS estimated that mortality and 

serious injury of WNP humpback 

whales incidental to commercial fishing 

operations in AK at 0.2 whales per year, 

which is 10.0 percent of the stock’s PBR 

level. NMFS concludes that incidental 

mortality and serious injury at this total 

rate will have a negligible impact on 

WNP humpback whales. 

NMFS estimated that mortality and 

serious injury of NEP fin whales 

incidental to commercial fishing 

operations in AK at 0.23 whales per year 

and 0.20 whales per year due to ship 

strikes. Thus the total annual humanrelated mortality of NEP fin whales is 

0.43 whales per year which is less than 

10.0 percent of the stock’s PBR level. 

NMFS concluded that incidental 

mortality and serious injury at this total 

rate will have a negligible impact on 

NEP fin whales. 

While reliable estimates for the 

abundance and trends of sperm whales 

are not currently available, NMFS 

assessed the impact of the incidental 


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take by first determining the estimated 

annual mortality of sperm whales (3.5 

whales per year in AK plus 0.2 whales 

per year in CA/OR/WA for a total of 3.7 

whales per year) in commercial fisheries 

and then re-arranging the formula used 

to calculate PBR to estimate the number 

of sperm whales that would be required 

for 3.7 animals to be 10 percent of the 

stock’s PBR (taking at or below this 

would be considered negligible). 

Solving for the minimum abundance 

estimate gives a minimum abundance of 

18,500 sperm whales. Because the best 

estimate of sperm whale abundance in 

the North Pacific (39,200) is far greater 

than this calculated threshold minimum 

abundance, the NMFS concludes that 

the current level of human-caused 

mortality and serious injury is less than 

10 percent of a PBR for sperm whales 

in the eastern North Pacific Ocean; 

therefore, such taking will have a 

negligible impact on the stock. 

Total human related mortality and 

serious injury of the Western U.S. stock 

of Steller sea lions is estimated at 223.8 

animals per year, greater than 10 

percent of PBR (set at 254 animals). 

Following NID Criterion 3, NMFS has 

determined that mortality and serious 

injuries of Western U.S. stock Steller sea 

lions incidental to commercial fishing 

will have a negligible impact on the 

stock because population growth is 

stable or increasing at a (non-significant) 

1.5 percent annual rate and the fisheryrelated mortalities and serious injuries 

(26.2) are less than PBR (254). 

The minimum estimated mortality 

and serious injury rate incidental to 

commercial fisheries (both U.S. and 

Canadian) is 25.6 Eastern U.S. stock 

Steller sea lions per year. With 15.1 

animals estimated taken due to other 

human related sources, the total human 

related mortality is less than 10 percent 

of this stock’s PBR (2,378 animals). 

Therefore, NMFS has determined that 

the annual mortality and serious injury 

incidental to commercial fisheries will 

have a negligible impact on the Eastern 

U.S. stock of Steller sea lions. 

Recovery Plans 

Recovery Plans for both stocks of 

humpback whales and Steller sea lions 

have been completed. Recovery plans 

for fin and sperm whales have been 

drafted and are being completed. These 

draft and final recovery plans are 

available on the Internet (see 

ADDRESSES). Accordingly, the 

requirement to have recovery plans in 

place or being developed is satisfied. 

Monitoring Program 

MMPA section 118(c)(5)(A) provides 

that registration of vessels in fisheries 

should, after appropriate consultations, 

be integrated and coordinated to the 

maximum extent feasible with existing 

fisher licenses, registrations, and related 

programs. Participants in the Alaska 

groundfish fisheries are required to hold 

a permit under 50 CFR 665.21. The 

MMPA registration program has been 

integrated in this permitting system for 

the Alaska-based groundfish fisheries. 

Accordingly, vessels in the fisheries are 

registered in accordance with MMPA 

section 118 and a monitoring program is 

in place. 

Take Reduction Plans 

Subject to available funding, MMPA 

section 118 requires a TRP in cases 

where a strategic stock interacts with a 

Category I or II fishery. The stocks 

considered for this permit are 

designated as strategic stocks under the 

MMPA because they are listed as 

threatened or endangered under the 

ESA. These strategic stocks interact with 

the Category II fisheries described 

above, and no TRPs have been 

developed for them. The short-term goal 

of a TRP is to reduce mortality and 

serious injury of marine mammals 

incidental to commercial fishing to 

levels below PBR. The short-term goal 

for TRPs has been realized for each of 

these stocks of marine mammals. The 

long-term goal of a TRP is to reduce 

incidental mortality and serious injury 

to insignificant levels approaching a 

zero mortality and serious injury rate, 

taking into account the economics of the 

fishery, the availability of existing 

technology, and existing State or 

regional fishery management plans. 

Development and implementation of 

TRPs are subject to the availability of 

funding. MMPA section 118(f)(3) (16 

U.S.C. 1387(f)(3)) contains specific 

priorities for developing and 

implementing TRPs. 

NMFS has insufficient funding 

available to simultaneously develop and 

implement TRPs for all stocks that 

interact with Category I or Category II 

fisheries. Most recently in March 2009, 

NMFS considered multiple quantitative 

and qualitative factors to identify its 

priorities for establishing take reduction 

teams (TRTs) and collecting data. As 

provided in MMPA sections 118(f)(6)(A) 

and (f)(7), NMFS used the most recent 

SARs and LOF as the basis to determine 

its priorities for establishing TRTs and 

developing TRPs. Through this process, 

NMFS evaluated the WNP and CNP 

stocks of humpback whale, the North 

Pacific stock of sperm whales, and the 

Western U.S. stock of Steller sea lions 

as ‘‘low’’ priorities for establishing TRTs, 

based on population trends of each 

stock and mortality and serious injury 

levels incidental to commercial fisheries 

that are below the stocks’ PBRs. 

Accordingly, given these factors and 

NMFS’ prioritization process, TRPs will 

be deferred under section 118 as other 

stocks have a higher priority for any 

available funding for establishing new 

TRPs. 

Mortality and serious injury of Steller 

sea lions, Eastern U.S. stock, and NEP 

fin whales incidental to commercial 

fisheries are at an insignificant levels, 

approaching a zero mortality and 

serious injury rate (Allen and Angliss, 

2010). MMPA section 118(b)(2) states 

that fisheries maintaining such 

mortality and serious injury levels are 

not required to further reduce their 

mortality and serious injury rates. 

Because the goals of TRPs are to reduce 

mortality and serious injury of marine 

mammals incidental to commercial 

fishing operations, no TRPs are required 

for either of these stocks. 

The National Environmental Policy 

Act (NEPA) requires Federal agencies to 

evaluate the impacts of alternatives for 

their actions on the human 

environment. Operations of the Bering 

Sea/Aleutian Islands, Gulf of Alaska, 

and Alaska State Parallel groundfish 

fisheries have been analyzed previously 

under NEPA for Federal actions 

authorizing the operations of the 

fisheries. The most recent analysis of 

the impacts of authorizing these 

fisheries on the human environment 

was contained in an Environmental 

Assessment (‘‘Revisions to the Steller 

Sea Lion Protection Measures for the 

Aleutian Islands Atka Mackerel and 

Pacific Cod Fisheries,’’ completed in 

November 2010). This EA, which 

included a finding of no significant 

impact on the human environment, 

followed a Programmatic Supplemental 

Environmental Impact Statement on 

Alaska groundfish fisheries in 2004, and 

an Environmental Impact Statement 

(EIS) on specifications for Alaska 

groundfish fisheries in 2007. Issuing 

this permit to authorize the taking of 

threatened or endangered species does 

not modify the operation of the affected 

fisheries nor does it alter the impact of 

these fisheries on the human 

environment. Because the effects of the 

fisheries have already been analyzed as 

noted above, no additional analyses 

under NEPA are required. 

Section 7 of the ESA requires NMFS 

to consult with itself when agency 

actions may affect threatened or 

endangered marine species, including 

marine mammals. NMFS has evaluated 

the direct and indirect effects of the 

Alaska-based groundfish fishery in a 

recently issued (November 24, 2010) 

BiOp. NMFS reviewed this BiOp and 


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information related to issuing the permit 

and have concluded that issuing the 

permit would not modify the activities 

of the fishery nor the effects of these 

fishing activities on the subject ESAlisted species in a manner that would 

cause adverse effects not previously 

evaluated and that there has been no 

new listing of species or designation of 

critical habitat that could be affected by 

the action. Accordingly, no additional 

analyses under the ESA are required at 

this time. 

Current Permit 

NMFS has made determinations 

under MMPA section 101(a)(5)(E) that 

(1) mortality and serious injury of CNP 

and WNP humpback whales, NEP fin 

whales, North Pacific sperm whales, 

Western U.S. Steller sea lions, and 

Eastern U.S. Steller sea lions incidental 

to commercial fishing will have a 

negligible impact on these stocks, (2) 

recovery plans for all affected species or 

stocks have been completed or are 

currently in process, (3) as required by 

MMPA section 118, a monitoring 

program has been established for the 

Alaska groundfish fisheries, and vessels 

in the fishery are registered, and (4) 

NMFS has insufficient funds to 

complete TRPs for the two stocks of 

humpback whales, for the North Pacific 

stock of sperm whales, and for the 

Western U.S. stock of Steller sea lions. 

Take Reduction Plans (TRPs) are not 

required for the NEP stock of fin whales 

or the Eastern U.S. stock of Steller sea 

lions because mortality and serious 

injury of these stocks incidental to 

commercial fishing operations are at 

insignificant levels approaching a zero 

mortality and serious injury rate. 

Therefore, NMFS has determined that 

all the requirements have been met for 

issuing a permit to participants in the 

following Federally-authorized and 

State-parallel Category II groundfish 

fisheries: The AK Bering Sea/Aleutian 

Islands flatfish trawl, AK Bering Sea/ 

Aleutian Island pollock trawl, AK 

Bering Sea sablefish pot, and AK Bering 

Sea/Aleutian Islands Pacific cod 

longline fisheries. Accordingly, NMFS 

issues a permit to participants in these 

Category II fisheries for the taking of 

CNP humpback whales, WNP 

humpback whales, NEP fin whales, 

North Pacific sperm whales, and Steller 

sea lions (Western U.S. stock and 

Eastern U.S. stock) incidental to the 

fisheries’ operations. As noted under 

MMPA section 101(a)(5)(E)(ii), no 

permit is required for vessels in 

Category III fishery. For incidental 

taking of marine mammals to be 

authorized in Category III fisheries, any 

injuries or mortalities must be reported 

to NMFS. If NMFS determines at a later 

date that incidental mortality and 

serious injury from commercial fishing 

is having more than a negligible impact 

on these six stocks of listed marine 

mammals, NMFS may use its emergency 

authority under MMPA section 118 to 

protect the stock and may modify the 

permit issued herein. 

MMPA section 101(a)(5)(E) requires 

NMFS to publish in the Federal 

Register a list of fisheries that have been 

authorized to take threatened or 

endangered marine mammals. A list of 

such fisheries was published May 28, 

2010 (75 FR 29984), which authorized 

the taking of threatened or endangered 

marine mammals incidental to 

commercial fishing in Hawaii. With 

issuance of the current permit, NMFS 

adds 4 category II fisheries (AK Bering 

Sea/Aleutian Islands flatfish trawl, AK 

Bering Sea/Aleutian Island pollock 

trawl, AK Bering Sea sablefish pot, and 

AK Bering Sea/Aleutian Islands Pacific 

cod longline fisheries) and seven 

category III Alaska fisheries to this list 

(Table 1). 

TABLE 1—LIST OF FISHERIES AUTHORIZED TO TAKE THREATENED AND ENDANGERED MARINE MAMMALS INCIDENTAL TO

FISHING OPERATIONS

Fishery Category Marine mammal stock 

HI deep-set (tuna target) longline/set line ...................................... I .............. Humpback whale, CNP stock. 

Hi shallow-set (swordfish target) longline/set line .......................... II ............. Humpback whale, CNP stock. 

AK Bering Sea/Aleutian Islands flatfish trawl ................................. II ............. Steller sea lion, Western stock. 

AK Bering Sea/Aleutian Island pollock trawl .................................. II ............. Fin whale, NEP stock. 

Steller sea lion, Western stock. 

AK Bering Sea sablefish pot ........................................................... II ............. Humpback whale, WNP stock.

Humpback whale, CNP stock. 

AK Bering Sea/Aleutian Islands Pacific cod longline fisheries ....... II ............. Steller sea lion, Western stock. 

AK miscellaneous finfish set gillnet ................................................ III ............ Steller sea lion, Western stock. 

AK Gulf of Alaska sablefish longline ............................................... III ............ Sperm whale, NP. 

Steller sea lion, Eastern stock. 

AK halibut longline/set line (State and Federal waters) ................. III ............ Steller sea lion, Western stock. 

AK Bering Sea/Aleutian Islands Atka mackerel trawl ..................... III ............ Steller sea lion, Western stock. 

AK Bering Sea/Aleutian Islands Pacific cod trawl .......................... III ............ Steller sea lion, Western stock. 

AK Gulf of Alaska Pacific cod trawl ................................................ III ............ Steller sea lion, Western stock. 

AK Gulf of Alaska pollock trawl ...................................................... III ............ Fin whale, NEP stock. 

Steller sea lion, Western stock. 

Comments and Responses 

In response to the notice of proposed 

permit issuance (75 FR 68767, 

November 9, 2010), NMFS received 

letters containing comments from two 

organizations, the U.S. Marine Mammal 

Commission (Commission) and the 

Marine Conservation Alliance (MCA). 

Each letter contained multiple 

comments. 

Comment 1: The Commission and the 

MCA briefly summarized NMFS’ 

findings for the proposed permit and 

recommended that NMFS comply with 

MMPA section 101(a)(5)(E) by issuing 

the permit to authorize the incidental 

take of endangered stocks of CNP and 

WNP humpback whales, ENP fin 

whales, NP sperm whales, Western U.S. 

stock of Steller sea lions, and the 

threatened Eastern U.S. stock of Steller 

sea lions. 

Response: NMFS agrees and is issuing 

the permit as required by the MMPA. 

Comment 2: The Commission 

recommended that NMFS emphasize 

research and monitoring programs to 

address uncertainties related to 

reproduction and survival of the farwestern sub-populations of the Western 

U.S. stock of Steller sea lions and reevaluate the negligible impact 

determination as new information 

becomes available. 

Response: NMFS agrees additional 

research and monitoring programs 


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would clarify uncertainties and to reevaluate the findings in this notice as 

new information becomes available. In 

particular, NMFS will incorporate an 

annual review of any reports of 

incidental mortality of the subject listed 

species in the fisheries addressed by 

this permit. Particular attention will be 

paid to instances of incidental take of 

Western stock Steller sea lions in those 

sub-regions experiencing continued 

population declines (NMFS Fishery 

Statistical Areas 541, 542, and 543) to 

ensure the level of taking remains 

negligible on a local scale. 

Comment 3: The Commission 

recommended NMFS work with state 

and tribal fisheries managers and 

participants in those fisheries to expand 

observer coverage in fisheries that may 

take marine mammals and, as observers 

provide better data, re-evaluate the 

negligible impact determination. 

Response: In the NID, NMFS 

recognized that certain fisheries may 

have not been observed, have been only 

observed for a limited number of 

seasons, or were covered over a decade 

or longer ago. NMFS agrees that there is 

a pressing need for new and sound data, 

in particular for certain fisheries known 

to have taken marine mammals at some 

previous point (e.g., Prince William 

Sound salmon drift gillnet fishery) and 

will undertake new monitoring 

programs as budgetary constraints and 

priorities allow. NMFS has also recently 

taken steps to expand observer coverage 

in previously unmonitored groundfish 

fisheries in nearshore areas and in 

smaller boat fisheries (e.g., < 60 foot 

vessels). However, the implementation 

date for such an expanded program and 

the initial proportion of coverage are 

uncertain at this time. As any new data 

from observer programs become 

available, NMFS will re-evaluate the 

NID for all species, as appropriate. 

Comment 4: The Commission 

recommended NMFS identify 

information gaps related to endangered 

and threatened species that may be 

affected by the issuance of this permit 

and elevate the priority given to 

addressing those gaps, in particular to 

the possible affect of this action on 

critically endangered marine mammals 

such as the North Pacific right whale. 

Response: NMFS will continue to 

evaluate available data such as that 

obtained through the existing 

Groundfish Fishery Observer Program 

that may provide information relevant 

to a relationship among this action, 

ongoing Alaska groundfish fishing 

activities, and critically endangered 

marine mammal species and stocks. 

Research and management programs for 

listed species will continue to be a high 

priority for NMFS and will be expanded 

to the extent that future budgets allow. 

Comment 5: In their review of the 

draft NID, MCA called attention to 

information discussed in the NID 

concerning possible changes in, or 

‘‘blurring at the edges,’’ of the geographic 

boundary (144°W) between the Western 

U.S. and Eastern U.S. stocks of Steller 

sea lions and referred to their additional 

comments on that topic submitted as 

part of NMFS’s ongoing five-year status 

review of the Eastern U.S. stock. 

Response: There is adequate 

information to continue to manage these 

stocks as defined based on extensive 

prior scientific review as well as new 

information (e.g., Phillips, C.D., J.W. 

Bickham, J.C. Patton, and T.S. Gelatt. 

2009. Systematics of Steller sea lions 

(Eumetopias jubatus): Subspecies 

recognition based on concordance of 

genetics and morphometrics. Occas. 

Pap. Mus. Texas Tech Univ. 283:1–15). 

Additional information and a response 

to those comments will be forthcoming 

through the public review process 

appropriate to the five year status 

review. 

Comment 6: The MCA opined the 

Draft NID did not incorporate the most 

up-to-date Western U.S. Steller sea lion 

population assessment data nor called 

attention to the relationship between 

current population trends and various 

Recovery Plan criteria, alleging the 

population is ‘‘on track’’ towards 

downlisting from endangered to 

threatened. 

Response: NMFS has used the best 

available scientific information which is 

complete at this time for preparing and 

issuing the NID. Data analysis and final 

report preparation for population 

surveys of Steller sea lions conducted in 

2009 and 2010 remain in process. NMFS 

staff conferred and reached a 

preliminary conclusion that these data 

are not likely to result in any substantial 

alteration of the conclusions reached in 

the NID. The criteria for recovery and 

ultimate ‘‘downlisting’’ of the Western 

U.S. stock are clearly stated in the 

Recovery Plan (NMFS 2008) and are 

based on (among a variety of factors) 

maintaining a statistically significant 

consistent but slow (e.g., 1.5 percent) 

increasing trend of population growth 

for 15 years on average. Clearly, given 

the lack of any long-term statistical 

certainty in available population 

assessment data as well as the disparate 

trends within the various sub-regions as 

defined in the Recovery Plan, it is 

premature to make a statement as to 

whether the population is or is not ‘‘on 

track’’ with respect to recovery and 

delisting; furthermore, such a 

determination is not relevant to the NID 

process. The NID uses the appropriate 

criteria and utilized the best available 

population information to determine 

that the effect of authorizing the 

incidental take of commercial 

groundfish fishing will have a negligible 

impact on the Western U.S. population 

stock of Steller sea lions. In addition, 

whether or not the status of any of these 

species may change under the ESA is 

not relevant to the NID under the 

MMPA. If such a change in status 

occurs, NMFS would evaluate whether 

or not additional analyses for this 

permit are necessary. 

Comment 7: The MCA inquired about 

how not convening a TRP might 

potentially affect recovery of the 

Western U.S. stock and whether or not 

funding is likely to be included in the 

FY2012/13 budgets. 

Response: As discussed in the notice 

of the proposed permit, the current 

levels of incidental mortality and 

serious injury (without a TRP) are 

expected to delay recovery of the 

Western U.S. stock of Steller sea lions 

by no more than 10 percent of the time 

to recovery if such mortality and serious 

injury did not occur. However, NMFS 

plans, through both monitoring of this 

permit, and actions required through the 

section 7 process of the ESA—the 

Reasonable and Prudent Alternatives 

issued with the Final BiOp for the 

subject groundfish fisheries—to assess 

the level of taking and to work with 

industry, the North Pacific Fisheries 

Management Council, and other groups 

to ensure that any such taking remains 

at negligible levels. NMFS will continue 

to assess the need for any TRPs and 

associated budgetary needs within the 

priorities of the agency. 

Dated: December 21, 2010. 

P. Michael Payne, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–32689 Filed 12–28–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

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The United States Patent and 

Trademark Office (USPTO) will submit 

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srobinson on DSKHWCL6B1PROD with NOTICES