67254 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

be provided in the meeting 

announcement on the Pacific Council’s 

website (see www.pcouncil.org). You 

may send an email to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov) or contact him at (503) 820– 

2280, extension 412 for technical 

assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Robin Ehlke, Staff Officer, Pacific 

Council; telephone: (503) 820–2410. 

SUPPLEMENTARY INFORMATION: The 

Workgroup will elect a chair and vice 

chair and conduct other logistical 

business. The Workgroup will also 

review and finalize the draft terms of 

reference as needed, identify, and assign 

tasks and a general schedule to provide 

technical data and analysis to the 

Pacific Council. Data collection, 

analysis, and discussion may also occur. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during these 

meetings. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document 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 intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

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

Dated: September 26, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–21457 Filed 9–28–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD424] 

North Pacific Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of web conference. 

SUMMARY: The North Pacific Fishery 

Management Council (Council) Social 

Science Planning Team (SSPT) will 

meet October 18, 2023. 

DATES: The meeting will be held on 

Wednesday, October 18, 2023, from 2 

p.m. to 4 p.m., Alaska Time. 

ADDRESSES: The meeting will be a web 

conference. Join online through the link 

at https://meetings.npfmc.org/Meeting/ 

Details/3010. 

Council address: North Pacific 

Fishery Management Council, 1007 W 

3rd Ave., Suite 400, Anchorage, AK 

99501–2252; telephone: (907) 271–2809. 

Instructions for attending the meeting 

via video conference are given under 

SUPPLEMENTARY INFORMATION, below. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Marrinan, Council staff; phone: 

(907) 271–2809; email: sarah.marrinan@

noaa.gov. For technical support, please 

contact our admin Council staff, email: 

npfmc.admin@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Agenda 

Wednesday, October 18, 2023 

The SSPT agenda will meet to elect a 

chair or co-chairs, discuss the upcoming 

research priority process and the 

requested SSPT engagement, and other 

business. The agenda is subject to 

change, and the latest version will be 

posted https://meetings.npfmc.org/ 

Meeting/Details/3010 prior to the 

meeting, along with meeting materials. 

Connection Information 

You can attend the meeting online 

using a computer, tablet, or smart 

phone, or by phone only. Connection 

information will be posted online at: 

https://meetings.npfmc.org/Meeting/ 

Details/3010. 

Public Comment 

Public comment letters will be 

accepted and should be submitted 

electronically to https://

meetings.npfmc.org/Meeting/Details/ 

3010. 

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

Dated: September 26, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–21469 Filed 9–28–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD281] 

Scoping for a Marine Mammal Take 

Reduction Team to Address Incidental 

Mortality and Serious Injury of 

Humpback Whale Stocks in the Pacific 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of scoping for a Marine 

Mammal Take Reduction Team; request 

for comment. 

SUMMARY: NMFS is establishing a Take 

Reduction Team (TRT or Team) to 

address the incidental mortality and 

serious injury (M/SI) of humpback 

whales that would, at a minimum, 

consider Federal sablefish pot fishery 

interactions with the Central America/ 

Southern Mexico-CA/OR/WA and 

Mainland Mexico-CA/OR/WA stocks of 

humpback whales, and may also be 

expanded to consider other fisheries in 

the Pacific Ocean. The TRT will develop 

a Take Reduction Plan (TRP or Plan) as 

required under the Marine Mammal 

Protection Act (MMPA). NMFS requests 

public comments on information 

relevant to establishing the TRT as well 

as interest from stakeholders who wish 

to be considered for TRT membership. 

DATES: Comments must be received by 

November 28, 2023. 

ADDRESSES: You may submit comments 

on this notice, by either of the following 

methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0104 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Assistant Regional 

Administrator for Protected Resources, 

NMFS West Coast Region, 501 W Ocean 

Blvd., Suite 4200, Long Beach, CA. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 67255 

be publicly accessible. NMFS will 

accept anonymous comments (enter N/ 

A in the required fields if you wish to 

remain anonymous). Individuals who 

use a telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800– 

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dan 

Lawson, West Coast Region, 206–526– 

4740, dan.lawson@noaa.gov; Kristy 

Long, Office of Protected Resources, 

206–526–4792, kristy.long@noaa.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the MMPA requires commercial 

fisheries to reduce incidental M/SI of 

marine mammals to insignificant levels 

approaching a zero mortality and 

serious injury rate (16 U.S.C. 1387). 

Section 118(c) of the MMPA requires 

NMFS to place all U.S. commercial 

fisheries into one of three categories 

based on the level of incidental M/SI of 

marine mammals occurring in each 

fishery (16 U.S.C. 1387(c)(1)). The 

classification of a fishery on the List of 

Fisheries (LOF) determines whether 

participants in that fishery may be 

required to comply with certain 

provisions of the MMPA, including a 

take reduction plan. A Category I fishery 

has frequent incidental M/SI of marine 

mammals, a Category II fishery has 

occasional incidental M/SI of marine 

mammals, and a Category III fishery has 

a remote likelihood of or no known 

incidental M/SI of marine mammals. 

Section 118(f)(1) of the MMPA 

requires NMFS to develop and 

implement TRPs designed to assist in 

the recovery or prevent the depletion of 

each strategic stock that interacts with 

Category I and II fisheries (16 U.S.C. 

1387(f)(1)). The MMPA defines a 

strategic stock as a marine mammal 

stock: (1) for which the level of direct 

human-caused mortality exceeds the 

Potential Biological Removal (PBR) 

level; (2) which is declining and is 

likely to be listed under the Endangered 

Species Act (ESA) in the foreseeable 

future; or (3) which is listed as 

threatened or endangered under the 

ESA or as a depleted species under the 

MMPA (16 U.S.C. 1362(19)). PBR is 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)). 

MMPA section 118(f)(6)(C) requires 

that members of TRTs have expertise 

regarding the conservation or biology of 

the marine mammal species that the 

TRP will address, or the fishing 

practices that result in the incidental M/ 

SI of such species. As outlined in the 

statute ’’[m]embers shall include 

representatives of Federal agencies, each 

coastal State which has fisheries which 

interact with the species or stock, 

appropriate Regional Fishery 

Management Councils, interstate 

fisheries commissions, academic and 

scientific organizations, environmental 

groups, all commercial and recreational 

fisheries groups and gear types which 

incidentally take the species or stock, 

Alaska Native organizations or Indian 

tribal organizations, and others as the 

Secretary deems appropriate’’ ((16 

U.S.C. 1387(f)(6)(C)). The MMPA further 

specifies that TRTs ‘‘shall, to the 

maximum extent practicable, consist of 

an equitable balance among 

representatives of resource user and 

non-user interests’’ (Id.). 

As required under section 118 (f)(7) 

and section 118(f)(8), of the MMPA, a 

TRT shall develop a draft TRP by 

consensus, and shall submit this draft 

TRP to NMFS not later than 6 or 11 

months after the date of the 

establishment of the TRT depending on 

the level of M/SI compared to a stock’s 

PBR. Pursuant to the MMPA, NMFS 

convenes TRTs to develop 

recommendations that achieve a shortterm goal of reducing incidental M/SI of 

marine mammals covered by the Plan to 

a rate below each stock’s PBR within 6 

months of implementation. The longterm goal of a Plan is to ‘‘reduce, within 

5 years of its implementation, the 

incidental M/SI of marine mammals 

from commercial fishing operations 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.’’ 

On July 26, 2023, the United States 

District Court for the Northern District 

of California adopted a Stipulated 

Settlement Agreement (Agreement) 

between NMFS and the Center for 

Biological Diversity to resolve claims in 

the matter of Center of Biological 

Diversity v. Raimondo (3:22–cv–00117– 

JD). Under the Agreement, NMFS 

expressed its intent to issue a scoping 

notice by November 1, 2023 seeking 

information relevant to establishing a 

TRT under Section 118 of the MMPA 

that would, at a minimum, consider the 

Category II Federal sablefish pot fishery, 

and may also be expanded to consider 

other fisheries in the Pacific Ocean that 

interact with relevant humpback whale 

stocks. As part of this agreement, NMFS 

committed to issue a notice establishing 

a TRT by October 31, 2025, and to 

convene the first TRT meeting by 

November 30, 2025. 

In the 2022 Pacific and Alaska Stock 

Assessment Reports (SARs), stock 

structures for humpback whales in the 

Pacific Ocean were revised. The three 

existing North Pacific humpback whale 

stocks (Central North Pacific, Western 

North Pacific and CA/OR/WA) were 

replaced by five stocks to better align 

with the 2016 listing of humpback 

whale distinct population segments 

under the ESA (81 FR 62260, September 

8, 2016). The new humpback whale 

stock are: (1) Western North Pacific, (2) 

Hawai’i, (3) Mexico-North Pacific, (4) 

Central America/Southern Mexico-CA/ 

OR/WA and (5) Mainland Mexico-CA/ 

OR/WA (Young et al., 2023, Carretta et 

al., 2023). All of these stocks are 

considered ‘‘strategic’’ under the 

MMPA, with the exception of the 

Hawai’i stock, because these stocks 

include humpback whales from ESAlisted populations and/or total annual 

human-caused M/SI currently exceeds 

the stock’s PBR as described in the most 

recent SARs. 

In the 2022 SAR, NMFS describes the 

M/SI associated with U.S. commercial 

fisheries that is known or estimated to 

occur for each stock. For the Central 

America/Southern Mexico-CA/OR/WA 

stock, the mean annual M/SI in U.S. 

commercial fisheries is 8.1, which is 

more than double this stock’s PBR of 3.5 

per year. As detailed in the SAR, 

numerous State and Federal fisheries 

contribute to this total, including the 

Federal sablefish pot fishery with an 

estimated M/SI of 0.66 from the limited 

entry and open-access sablefish pot 

sectors combined. In contrast, for the 

Mainland Mexico-CA/OR/WA stock, 

which overlaps in distribution with the 

Central America/Southern Mexico-CA/ 

OR/WA stock to a large degree off the 

U.S. West Coast and exposure to U.S. 

commercial fisheries, the mean annual 

M/SI across the same subset of U.S. 

commercial fisheries is 11.4, which is 

about 27 percent of this stock’s PBR of 

43 per year. Given that the M/SI of the 

Central America/Southern Mexico-CA/ 

OR/WA humpback whale stock exceeds 

the stock’s PBR, and that the Central 

America/Southern Mexico-CA/OR/WA 

and Mainland Mexico-CA/OR/WA 

stocks are vulnerable to the same U.S. 

commercial fisheries, including the 

Federal sablefish pot fishery, these 

humpback whale stocks would be 

subject to this TRT. 

The 2023 LOF was finalized prior to 

the release of the final 2022 SAR (88 FR 

16899, March 21, 2023). Classification 

of U.S. commercial fisheries on the 2023 

(current) LOF is based on the level of 

incidental M/SI for the previously 


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67256 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

designated CA/OR/WA stock of 

humpback whales. Currently, there are 

eight U.S. commercial fisheries 

identified as Category II fisheries due to 

incidental M/SI of the CA/OR/WA 

stock, with seven of those identified as 

pot or trap fisheries, including the 

Federal sablefish pot fishery. In the 

2024 LOF, NMFS (88 FR 62748; 

September 13, 2023) has proposed to 

classify U.S. commercial fisheries based 

on the revised stock structure for 

humpback whales. The 2024 LOF does 

not propose to reclassify any additional 

U.S. West Coast commercial fisheries as 

Category I or II fisheries based on 

updated information and the revised 

humpback whale stock structure, 

although NMFS has proposed to elevate 

the California Dungeness crab pot 

fishery to Category I due to the M/SI of 

the Central America/Southern MexicoCA/OR/WA stock of humpback whales. 

The Federal sablefish pot fishery would 

continue to be classified as Category II 

for both the Central America/Southern 

Mexico-CA/OR/WA and Mainland 

Mexico-CA/OR/WA stocks of humpback 

whales in the proposed 2024 LOF. 

Public Comments Solicited 

Prior to convening this TRT by 

October 31, 2025, NMFS is seeking 

public input on the scope of the TRT as 

well as other relevant information that 

will support planning for the TRT. 

Specifically, NMFS is seeking input on 

whether other Category I or II fisheries, 

beyond the Federal sablefish pot gear 

fishery, that incidentally kill or 

seriously injure the Central America/ 

Southern Mexico-CA/OR/WA and 

Mainland Mexico-CA/OR/WA stocks of 

humpback whales, should be addressed 

by the TRT. 

Additional information relevant to 

establishing this TRT includes 

information about the factors associated 

with risks of humpback whale or other 

large whale entanglements in U.S. 

commercial fisheries in the Pacific 

Ocean. This information could include 

available scientific or commercial data 

about the conduct of these fisheries, 

along with biological and ecological 

influences, and any other factors that 

affect the nature of interactions between 

large whales and U.S. commercial 

fishing gear. 

Finally, NMFS is seeking to identify 

interested stakeholders who may wish 

to serve as TRT members. A seat on a 

Team is provided to ensure the interests 

of a constituency, organization, or 

expertise—and not a specific 

individual—are adequately represented. 

The intention is to be inclusive and 

ensure all those with a stake are 

represented at the table (either directly 

or through others on the Team). The 

stakeholders to be represented and 

interests to be included on the Team are 

determined on a case-by-case basis, 

depending on the scope of a given 

Team. In addition to the statutory 

criteria for Team membership noted 

above, NMFS also identifies candidate 

individuals who can ably represent the 

different interests. NMFS recruits 

candidate Team members based on the 

following: 

• Ability to bring first-hand 

knowledge and perspective to bear on 

the relevant fisheries and/or marine 

mammal species; 

• Ability to balance a regional 

perspective with localized knowledge; 

• Willingness to express fundamental 

interests (as opposed to fixed positions) 

and to clearly convey the interests of 

one or more important stakeholder 

groups; 

• Ability to work collaboratively, 

seeking to integrate the interests of a 

broad range of constituencies; 

• Ability to access and use an 

effective communication network to 

reach members of their constituency not 

attending Team meetings; 

• Availability and willingness to 

travel and participate in meetings; 

• Proven track record of engaging in 

constructive dialogues on controversial 

resource management issues; 

• Extent to which candidates’ 

participation on other teams fosters or 

hinders deliberations; and, 

• Ability to represent multiple 

factions of a constituency (e.g., multiple 

sectors of a fishery or a wide array of 

particular fishery). 

NMFS will conduct an independent 

process to identify and assess potential 

candidates for TRT membership prior to 

issuing a notice establishing the TRT. 

References 

Carretta, J.W., E.M. Oleson, K.A. Forney, 

M.M. Muto, D.W. Weller, A.R. Lang, J. 

Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. 

Moore, and R.L. Brownell. 2023. U.S. 

Pacific Marine Mammal Stock 

Assessments: 2022. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS–SWFSC–684. 409 

p. 

Young, N.C, M.M. Muto, V.T. Helker, B.J. 

Delean, N.C. Young, J.C. Freed R.P. 

Angliss, N.A. Friday, P.L. Boveng, J.M. 

Breiwick, B.M. Brost, M.F. Cameron, P.J. 

Clapham, J.L. Crance, S.P. Dahle, M.E. 

Dahlheim, B.S. Fadely, M.C. Ferguson, 

L.W. Fritz, K.T. Goetz, R.C. Hobbs, Y.V. 

Ivashchenko, A.S. Kennedy, J.M. 

London, S.A. Mizroch, R.R. Ream, E.L. 

Richmond, K.E.W. Shelden, K.L. 

Sweeney, R.G. Towell, P.R. Wade, J.M. 

Waite, and Alexandre N. Zerbini. 2023. 

Alaska Marine Mammal Stock 

Assessments 2022. U.S. Department of 

Commerce. NOAA Technical 

Memorandum NMFS–AFSC–474. 316 p. 

Dated: September 25, 2023. 

Catherine Marzin, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2023–21333 Filed 9–28–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Response to Office Action 

and Voluntary Amendment Forms 

The United States Patent and 

Trademark Office (USPTO) will submit 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and clearance 

in accordance with the Paperwork 

Reduction Act of 1995, on or after the 

date of publication of this notice. The 

USPTO invites comments on this 

information collection renewal, which 

helps the USPTO assess the impact of 

its information collection requirements 

and minimize the public’s reporting 

burden. Public comments were 

previously requested via the Federal 

Register on July 11, 2023 during a 60- 

day comment period. This notice allows 

for an additional 30 days for public 

comment. 

Agency: United States Patent and 

Trademark Office, Department of 

Commerce. 

Title: Response to Office Action and 

Voluntary Amendment Forms. 

OMB Control Number: 0651–0050. 

Needs and Uses: This collection of 

information is required by the 

Trademark Act (Act), 15 U.S.C. 1051 et 

seq., which provides for the registration 

of trademarks, service marks, collective 

trademark and service marks, collective 

membership marks, and certification 

marks. Individuals and businesses that 

use or intend to use such marks in 

commerce may file an application to 

register their marks with the USPTO. 

This information collection generally 

contains information that is not 

submitted with the initial trademark 

application but is associated with, or 

required for, the USPTO’s review of 

applications for registration. 

In some cases, the USPTO issues 

Office Actions to applicants who have 

applied to register a mark, requesting 

information that was not provided with 

the initial submission, but is required 

before the issuance of a registration. 


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