Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 11493 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[XRIN 0648–XA976] 

Taking of Threatened or Endangered 

Marine Mammals Incidental to 

Commercial Fishing Operations; 

Listing of Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: The Marine Mammal 

Protection Act (MMPA) 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 December 29, 2010, which 

authorized the taking of certain marine 

mammals listed as threatened or 

endangered under the Endangered 

Species Act (ESA) incidental to 

commercial fishing. With issuance of 

this notice, NMFS adds West Coast 

groundfish fisheries to this list for one 

stock of marine mammals—the Eastern 

U.S. stock of Steller sea lions. 

ADDRESSES: Reference material for this 

determination is available on the 

Internet at the following address: 

http://www.alaskafisheries.noaa.gov/ 

index/analyses/analyses.asp. The 

Recovery plan for Steller sea lions is 

available on the Internet at the following 

address: http://www.nmfs.noaa.gov/pr/ 

pdfs/recovery/stellersealion.pdf. 

Copies of the reference materials may 

also be obtained from the Protected 

Resources Division, NMFS, Northwest 

Region, Protected Resources Division, 

7600 Sand Point Way NE. Attention— 

Donna Darm, Assistant Regional 

Administrator. 

FOR FURTHER INFORMATION CONTACT: 

Lynne Barre, NMFS Northwest Region, 

(206) 526–4745; Kristy Long, NMFS 

Office of Protected Resources, (301) 

427–8440. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the MMPA, section 101(a)(5)(E) 

NMFS shall 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 December 29, 2010, NMFS issued 

a 3-year permit to participants in Alaska 

groundfish fisheries under MMPA 

section 101(a)(5)(E) for the incidental 

taking of marine mammal stocks listed 

under the ESA, including the threatened 

Eastern U.S. stock of Steller sea lions 

(75 FR 81972). Along with issuing the 

permit, NMFS made a final Negligible 

Impact Determination (NID), identified 

the recovery plan and described 

monitoring plans satisfying the three 

criteria listed above. The notice 

included a list of fisheries that have 

been authorized to take threatened or 

endangered species. The NID included 

an analysis of impacts from West Coast 

groundfish fisheries on the Eastern U.S. 

stock of Steller sea lions and with this 

notice, NMFS is adding West Coast 

groundfish fisheries (including CA set 

gill net, CA/OR/WA salmon troll, WA/ 

OR/CA groundfish, bottomfish longline/ 

set line, WA/OR North Pacific halibut 

longline/set line, CA halibut bottom 

trawl, WA/OR/CA shrimp trawl, WA/ 

OR/CA groundfish trawl, CA coonstripe 

shrimp, rock crab, tanner crab pot or 

trap, and WA groundfish, bottomfish jig) 

to the previous list of fisheries 

published on December 29, 2010, for the 

Eastern U.S. stock of Steller sea lions. 

Negligible Impact Determination 

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. The final NID 

(December 29, 2010; 75 FR 81972) for 

the Eastern U.S. stock of Steller sea 

lions is available at: http:// 

www.alaskafisheries.noaa.gov/index/ 

analyses/analyses.asp. 

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. This estimate 

considered interactions with all U.S. 

fisheries, including observer data from 

the WA/OR/CA groundfish trawl 

fishery. The estimated mortality and 

serious injury rate due to other human 

related sources is 15.1 animals per year. 

Based on the status information in the 

stock assessment report (Allen and 

Angliss 2010), the current level of 

Potential Biological Removal (PBR) for 

Eastern U.S. stock Steller sea lions is 

2,378 animals. The total human related 

mortality (25.6 + 15.1) is 40.7 per year 

which is less than 10 percent of this 

stock’s PBR (237.8 animals). Therefore, 

NMFS 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 (December 29, 

2010; 75 FR 81972). 

Recovery Plans 

A Recovery Plan for Steller sea lions 

has been completed and is available on 

the Internet at the following address: 

http://www.nmfs.noaa.gov/pr/pdfs/ 

recovery/stellersealion.pdf. 

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. West Coast groundfish 

fisheries are considered Category III 

with respect to Steller sea lions and 

therefore, no permit or registration is 

required, however, reports of incidental 

mortality or injury of marine mammals 

are required. The Marine Mammal 

Authorization Program which provides 

reporting requirements and forms has 

been integrated into the state fishery 

permit programs. 

Take Reduction Plans 

Subject to available funding, MMPA 

section 118 requires a Take Reduction 

Plan (TRP) in cases where a strategic 

stock interacts with a Category I or II 

fishery. The Eastern U.S. stock of Steller 

sea lions is designated as a strategic 

stock under the MMPA because it is 

listed as threatened under the ESA. 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 and has 

been realized. 

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. Mortality and 

serious injury of Steller sea lions, 

Eastern U.S. stock are at an insignificant 

level, approaching a zero mortality and 


srobinson on DSK4SPTVN1PROD with NOTICES
11494 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices 

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 TRP is required 

for this stock. 

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 December 

29, 2010 (75 FR 81972), which 

authorized the taking of certain 

threatened or endangered marine 

mammals incidental to commercial 

fishing. With issuance of this notice, 

NMFS adds 9 Category III fisheries 

(including CA set gill net, CA/OR/WA 

salmon troll, WA/OR/CA groundfish, 

bottomfish longline/set line, WA/OR 

North Pacific halibut longline/set line, 

CA halibut bottom trawl, WA/OR/CA 

shrimp trawl, WA/OR/CA groundfish 

trawl, CA coonstripe shrimp, rock crab, 

tanner crab pot or trap, and WA 

groundfish, bottomfish jig) to this list for 

the Eastern U.S. stock of Steller sea 

lions (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. 

CA set gill net ........................................................................... III None documented. 

CA/OR/WA salmon troll ............................................................ III None documented. 

WA/OR/CA groundfish, bottomfish longline/set line ................. III None documented. 

WA/OR North Pacific halibut longline/set line .......................... III None documented. 

CA halibut bottom trawl ............................................................ III None documented. 

WA/OR/CA shrimp trawl ........................................................... III None documented. 

WA/OR/CA groundfish trawl ..................................................... III Steller sea lion, Eastern stock. 

CA coonstripe shrimp, rock crab, tanner crab pot or trap ....... III None documented. 

WA groundfish, bottomfish jig .................................................. III None documented. 

Dated: February 17, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–4513 Filed 2–24–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2012–OS–0024] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Under Secretary of 

Defense (Personnel and Readiness), 

DoD. 

ACTION: Notice. 

SUMMARY: Pursuant to 44 U.S.C. 

3506(c)(2)(A) (the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501 et seq.) the 

Office of the Under Secretary of Defense 

(Personnel and Readiness) announces 

the following proposed reinstatement of 

a public information collection and 

seeks public comment on the provisions 

thereof. Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) The accuracy of the agency’s 

estimate of burden of the proposed 

information collection; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(d) Ways to minimize the burden of 

the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by April 27, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, 2nd floor, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http://www.

regulations.gov as they are received 

without change, including any personal 

identifiers or contact information. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Office of the Under 

Secretary of Defense (Personnel and 

Readiness) (Military Community and 

Family Policy), ATTN: Mr. James M. 

Ellis, 4000 Defense Pentagon, 

Washington, DC 20301–4000 or call 

(703) 588–0877. 

Title, Associated Form, and OMB 

Control Number: Application for 

Discharge of Member or Survivor of 


srobinson on DSK4SPTVN1PROD with NOTICES