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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 114-116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31483]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R7-ES-2024-0128; FXES111607MRG01-245-FF07CAMM00]

Marine Mammal Protection Act; Draft Revised Stock Assessment 
Reports for Two Stocks of Polar Bears in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Marine Mammal Protection Act of 1972, 
as amended, and its implementing regulations, we, the U.S. Fish and 
Wildlife Service (FWS), have developed draft revised marine mammal 
stock assessment reports (SARs) for the Chukchi/Bering Seas and 
Southern Beaufort Sea polar bear (Ursus maritimus) stocks in Alaska. We 
invite comments on the two draft revised SARs from the public and from 
Federal, Tribal, State, and local governments.

DATES: We must receive comments by April 2, 2025. Comments submitted 
electronically using the Federal eRulemaking Portal (see ADDRESSES, 
below) must be received by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: 
    Obtaining Documents: You may view the draft revised stock 
assessment reports at https://www.regulations.gov under Docket No. FWS-
R7-ES-2024-0128, or you may request copies from the contact under FOR 
FURTHER INFORMATION CONTACT.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Internet: https://www.regulations.gov. Search for and 
submit comments on FWS-R7-ES-2024-0128.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R7-ES-2024-0128, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W), 
5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by one of the methods 
described above. We will post all comments at https://www.regulations.gov. You may request that we withhold personal 
identifying information from public review; however, we cannot 
guarantee that we will be able to do so. For more information, see 
Public Comment Procedures under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Charles Hamilton, Marine Mammals 
Management, by telephone at 907-786-3800; 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.

[[Page 115]]

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 FWS, have developed draft revised marine 
mammal stock assessment reports (SARs) for two stocks of polar bears. 
The draft revised SARs are for the Chukchi/Bering Seas and Southern 
Beaufort Sea polar bear (Ursus maritimus) stocks in Alaska. We invite 
comments on the two draft SARs from the public and from Federal, 
Tribal, State, and local governments.

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 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 FWS and the National 
Marine Fisheries Service (NMFS) to prepare a SAR for each marine mammal 
stock that occurs in waters under U.S. jurisdiction. When preparing 
SARs, section 117 of the MMPA also requires the FWS to consider the 
best scientific information available and consult with regional 
scientific review groups, established under section 117(d) of the MMPA. 
Pursuant to section 117(a) of the MMPA, each SAR must include: (1) A 
description of the stock and its geographic range; (2) a minimum 
population estimate, current and maximum net productivity rate, and 
current population trend; (3) an estimate of the annual human-caused 
mortality and serious injury of the stock by source and, for a 
strategic stock, other factors that may be causing a decline or 
impeding recovery of the stock, including effects on marine mammal 
habitat and prey; (4) commercial fishery interactions; (5) 
categorization of the status of the stock; and (6) an estimate on 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 x 0.5Rmax x FR

    Section 117 of the MMPA also requires the FWS and NMFS to review 
the SARs (1) at least annually for stocks that are specified as 
strategic stocks; (2) at least annually for stocks for which 
significant new information is available; and (3) 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; (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.] 
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 Draft Revised Stock Assessment Reports

    The SARs for the Chukchi/Bering Seas and Southern Beaufort Sea 
polar bear stocks in Alaska were last revised in 2021 (June 24, 2021; 
86 FR 33337). In 2022, the FWS preliminarily concluded that stock 
assessment revisions are warranted for each of these stocks because the 
status of the stocks can be more accurately determined at this time. We 
based this determination on new information that has become available, 
such as new population estimates for these stocks, which allows us to 
better describe their statuses. The FWS consulted with the Alaska 
Regional Scientific Review Group, established under section 117 of the 
MMPA, on these draft revised SARs. Therefore, we are providing these 
draft revised SARs for public comment in accordance with section 117(b) 
of the MMPA.
    Table 1 summarizes the draft revised SARs for the Chukchi/Bering 
Seas and Southern Beaufort Sea polar bear stocks, listing each stock's 
Nmin, Rmax, Fr, PBR, annual estimated 
human-caused mortality and serious injury, and status.

           Table 1--Summary of Draft Revised Stock Assessment Reports for the Chukchi/Bering Seas and Southern Beaufort Sea Polar Bear Stocks
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                                                                                   Annual estimated human-caused mortality
            Stock                 Nmin     Rmax (%)      Fr        PBR    --------------------------------------------------------      Stock status
                                                                                 Fishery/other                Subsistence
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Chukchi/Bering Sea...........      2,172         10       0.48         52  0.1 \a\ (US).............  13.6 (US), 32 \b\ (RU).....  Strategic.
Southern Beaufort Sea........        589         10       0.48         14  0.7 \a\ (US).............  18.5 (US), 2.8 (CA)........  Strategic.
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US = United States, RU = Russian Federation, CA = Canada.
\a\ 10-year average from July 1, 2013, through June 30, 2023.
\b\ Kochnev and Zdor (2015).

Public Comment Procedures

    If you wish to comment on either or both of the revised draft SARs, 
you may submit your comments by one of the methods in ADDRESSES. Please 
identify which draft revised SAR you are commenting on, make your 
comments as specific as possible, confine comments to issues pertinent 
to the draft revised SARs, and explain the reasons for any changes you 
recommend. Where possible, your comments should reference the specific 
section or paragraph of the SAR that you are addressing. We will 
consider all

[[Page 116]]

comments that are received by the close of the comment period (see 
DATES).
    Comments, including names and addresses of respondents, will become 
part of the administrative record. Before including your address, 
telephone number, email address, or other personal identifying 
information in your comment, be advised that your entire comment, 
including your personal identifying information, may be made publicly 
available at any time. While you can ask us in your comments to 
withhold from public review your personal identifying information, we 
cannot guarantee that we will be able to do so.

References

    The complete list of references used during the drafting of each of 
the draft revised SARs is available at https://www.regulations.gov 
under Docket FWS-R7-ES-2024-0128 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.).

Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-31483 Filed 12-31-24; 8:45 am]
BILLING CODE 4333-15-P
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