45238 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

Despite the clear demonstration that 

the threats identified at the time of 

listing impact individual tortoises, there 

are few data available to evaluate or 

quantify the effects of threats on desert 

tortoise populations. While current 

research results can lead to predictions 

about how local tortoise abundance 

should be affected by the presence of 

threats, quantitative estimates of the 

magnitude of these threats, or of their 

relative importance, have not yet been 

developed. 

While precise correlations between 

the multitude of threats and desert 

tortoise populations have not been 

clearly shown, a great deal of effort has 

been put forth by research scientists and 

land managers to actively conserve the 

species. Substantive datasets pertaining 

to disease, non-native invasive plant 

species, and fire have been assembled 

over the years that will be used to 

inform decisions relative to desert 

tortoise recovery. Conservation actions 

such as land acquisitions, installing 

protective fencing, retiring grazing 

allotments, limiting off-highway vehicle 

access, and implementing restoration 

projects have been important recovery 

and management efforts based on our 

current state of knowledge regarding the 

threats facing the species. 

The revised strategy emphasizes 

partnerships to direct and maintain 

focus on implementing recovery actions 

and a system to track implementation 

and effectiveness of those actions. The 

strategic elements listed herein are part 

of a multi-faceted approach designed to 

improve the 1994 Recovery Plan. The 

goals of the revised recovery plan are 

recovery and delisting of the desert 

tortoise. The objectives and recovery 

criteria address demography (maintain 

self-sustaining populations of desert 

tortoises within each recovery unit into 

the future); distribution (maintain welldistributed populations of desert 

tortoises throughout each recovery unit); 

and habitat (ensure that habitat within 

each recovery unit is protected and 

managed to support long-term viability 

of desert tortoise populations. The 

strategic elements include the following: 

(1) Develop, support, and build 

partnerships to facilitate recovery; (2) 

protect existing populations and habitat, 

instituting habitat restoration where 

necessary; (3) augment depleted 

populations in a strategic, experimental 

manner; (4) monitor progress toward 

recovery, includes population trend and 

effectiveness monitoring; (5) conduct 

applied research and modeling in 

support of recovery efforts within a 

strategic framework; and (6) implement 

a formal adaptive management program 

that integrates new information and 

utilizes conceptual models that link 

management actions to predicted 

responses by desert tortoise populations 

or their habitat. The success of this 

revised recovery strategy will rely 

heavily upon the involvement of our 

partners and our commitment to 

implementing the strategic elements 

listed above coupled with a functioning 

adaptive management program. 

Public Comments Solicited 

We solicit written comments on the 

draft revised recovery plan described in 

this notice. All comments received by 

the date specified above will be 

considered in development of a final 

revised recovery plan for the Mojave 

population of the desert tortoise. 

Authority: The authority for this action is 

section 4(f) of the Endangered Species Act, 

16 U.S.C. 1533(f). 

Jim A. Bartel, 

Acting Regional Director, Region 8, U.S. Fish 

and Wildlife Service. 

[FR Doc. E8–17520 Filed 8–1–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–FHC–2008–N0185; 71490–1351–

0000–M2] 

Marine Mammal Protection Act; Stock 

Assessment Reports 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of final 

revised marine mammal stock 

assessment reports for three stocks of 

northern sea otters in Alaska; response 

to comments. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), the Fish and Wildlife Service 

(Service) has incorporated public 

comments into revisions of marine 

mammal stock assessment reports for 

the three stocks of northern sea otters 

(Enhydra lutris kenyoni) in Alaska. The 

2008 final stock assessment reports are 

now complete and available to the 

public. 

ADDRESSES: Send requests for printed 

copies of the final stock assessment 

reports to: Chief, U.S. Fish and Wildlife 

Service, Marine Mammals Management 

Office, 1011 East Tudor Road, 

Anchorage, AK 99503; (800) 362–5148. 

Copies of the final revised stock 

assessment reports are also available on 

the Internet in Adobe Acrobat format at 

http://alaska.fws.gov/fisheries/mmm/ 

seaotters/reports.htm. 

SUPPLEMENTARY INFORMATION: One of the 

goals of the MMPA (16 U.S.C. 1361–

1407) is to ensure that stocks of marine 

mammals occurring in waters under the 

jurisdiction of the United States do 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). OSP is defined 

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.’’

To help accomplish the goal of 

maintaining marine mammal stocks at 

their OSPs, section 117 of the MMPA 

requires the Service and the National 

Marine Fisheries Service (NMFS) to 

prepare stock assessment reports for 

each marine mammal stock that occurs 

in waters under the jurisdiction of the 

United States. These stock assessments 

are to be based on the best scientific 

information available and are, therefore, 

prepared in consultation with 

established regional scientific review 

groups. Each stock assessment must 

include: 

(1) A description of the stock and its 

geographic range; (2) minimum 

population estimate, maximum net 

productivity rate, and current 

population trend; (3) estimate of humancaused mortality and serious injury; (4) 

commercial fishery interactions; (5) 

status of the stock; and (6) potential 

biological removal level (PBR). The PBR 

is defined 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 OSP.’’ 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. 

Section 117 of the MMPA also 

requires the Service and the NMFS to 

review and revise the stock assessment 

reports: (a) At least annually for stocks 

that are specified as strategic stocks; (b) 

at least annually for stocks for which 

significant new information is available; 

and (c) at least once every 3 years for all 

other stocks. 

A strategic stock is defined in the 

MMPA as a marine mammal stock: (A) 

For which the level of direct humancaused mortality exceeds the PBR; (B) 

which, based on the best available 


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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 45239 

scientific information, is declining and 

is likely to be listed as a threatened 

species under the Endangered Species 

Act of 1973 (ESA) 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. 

Draft 2008 stock assessment reports 

for the 3 Alaska stocks of northern sea 

otters were made available for a 90-day 

public review and comment period on 

February 6, 2008 (73 FR 6994). Prior to 

releasing them for pubic review and 

comment, the Service subjected the 

draft reports to internal technical review 

and to scientific review by the Alaska 

Regional Scientific Review Group 

established under the MMPA. Following 

the close of the comment period, the 

Service revised the stock assessments 

and prepared the final 2008 stock 

assessment reports. 

We revised these final stock 

assessment reports based on public 

comments received (see below). The 

status of each stock remained 

unchanged from the draft revised SARs 

that were provided for public comment, 

and with the exception of the southwest 

Alaska stock, PBR levels were not 

changed. Estimates of fishery-related 

mortality and serious injury have been 

revised for all three stock assessment 

reports. We addressed responses to most 

of the public comments by adding new 

text for clarity. 

A summary of the final revised stock 

assessment reports is presented in Table 

1. The table lists each stock’s Nmin, Rmax, 

Fr, PBR, annual estimated humancaused mortality and serious injury, and 

status. 

TABLE 1—SUMMARY OF FINAL REVISED STOCK ASSESSMENT REPORTS FOR THREE U.S. NORTHERN SEA OTTER STOCKS

Stock NMIN RMAX FR PBR Serious 

injury 

Annual 5-year estimated humancaused mortality Stock status 

Fishery/ 

other 

Subsistence 

Northern sea otters (Southeast AK).9,136 0.20 1.0 914 0 Unknown.322 Non-strategic 

Northern sea otters 

(Southcentral AK).

12,774 0.20 1.0 1,277 0 Unknown.346 Non-strategic 

Northern sea otters (Southwest AK).38,703 0.20 0.1 387 0 <10 ....... 91 Strategic 

Comments and Responses 

The Service received 3 comments on 

the drafts stock assessment reports. The 

issues raised in those comments and our 

responses are provided below. 

Comment 1: The use of a recovery 

factor of 0.25 for the southwest Alaska 

stock is too high; a recovery factor of 0.1 

should be used instead. 

Response: The choice of recovery 

factors for population stocks that are 

declining is complex. The southwest 

Alaska stock is currently listed as 

threatened under the ESA and the 

current population trend is one of 

decline. Therefore, we agree with this 

comment to take a more conservative 

approach and have reduced the recovery 

factor for the southwest Alaska stock to 

0.1, which lowers the PBR to 387. 

Comment 2: Given that one otter was 

self-reported by the fisher to have been 

caught in a trawl fishery, the conclusion 

that ‘‘estimated level of incidental 

motality and serious injury associated 

with Alaska trawl, longline, and pot 

groundfish fisheries is zero’’ is not 

accurate. 

Response: Available information on 

this self-reported incident is unclear 

whether the otter was caught and killed 

in the trawl fishery, or was a dead 

animal that was simply caught by the 

trawl. The text of the southwest Alaska 

stock assessment has been revised to say 

that the ‘‘estimated level of incidental 

morality and serious injury associated 

with Alaska trawl, longline, and pot 

groundfish fisheries averages less than 

one animal per year.’’

Comment 3: The estimate that 

mortality and serious injury in the 

Kodiak salmon set net fishery is less 

than one animal per year is not accurate. 

Response: This section of the 

southwest Alaska stock assessment 

report has been revised to indicate that 

the level of mortality and serious injury 

rate for this fishery is likely no more 

than 10 animals per year. 

Comment 4: Information is 

insufficient to conclude that fishery 

impacts on the southcentral and 

southeast Alaska stocks is insignificant 

and approaching a zero mortality rate. 

Response: We have revised the 

southcentral and southeast Alaska stock 

assessment reports to more accurately 

characterize the uncertainties in the 

level of fishery mortality and serious 

injury. 

Comment 5: The Service should 

update stock assessment reports on the 

schedule specified under section 117 of 

the MMPA. 

Response: The Service will continue 

to review available information on an 

annual basis and revise stock 

assessment reports for the northern sea 

otter in Alaska as appropriate. 

Comment 6: The Service should 

review available information on sea 

otter stock structure in Alaska. 

Response: Information on stock 

structure is driven primarily by genetic 

analysis of tissue samples. The most 

recent study of this nature was 

conducted in 2002. Since that time, 

more sample material has been collected 

during live-capture studies in the 

Kodiak archipelago (southwest Alaska 

stock) and Kamishak Bay (southcentral 

Alaska stock). Additional tissue samples 

from other areas are required, especially 

Kamishak Bay and the Alaska Peninsula 

adjacent to Shelikof Strait, before sea 

otter stock structure in Alaska can be 

analyzed. 

Comment 7: Methods used to estimate 

sea otter abundance are not adequately 

described. 

Response: The methods used to 

estimate sea otter abundance are 

thoroughly described in the references 

used to prepare these stock assessment 

reports. We believe it is redundant to 

describe them more comprehensively in 

the stock assessment reports. 

Comment 8: Description of fishery 

interactions is incomplete; the stock 

assessment reports should list all 

fisheries known to interact with sea 

otters. 

Response: We have included the 

relevant fisheries from the NOAA—

Fisheries ‘‘List of Fisheries’’ that had 

previously been incorporated by 

reference. 

Comment 9: Stock assessment reports 

do not adequately consider possible 

interactions in fisheries that are not 


pwalker on PROD1PC71 with NOTICES
45240 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

observed or where observer coverage is 

low. 

Response: The predominant type of 

fishing gear that has been known to 

interact with sea otters are salmon set 

and drift gillnets. Available information 

suggests that fisheries using other types 

of gear, such as trawl, longline, pot, and 

purse seine appear to be less likely to 

have interactions with sea otters due to 

either the areas where such fisheries 

operate, or the specific gear used, or 

both. Gillnet fisheries occur throughout 

the range of sea otters in Alaska; 

however, the nature of their potential 

for interaction depends on several 

factors including sea otter distribution 

and abundance relative to the 

distribution and effort expended in 

these fisheries. We believe that 

application of entanglement rates 

derived from small sample sizes in 

observed fisheries to unobserved 

fisheries in other areas would produce 

questionable results. 

Comment 10: Stock assessment 

reports do not consider other impacts 

from oil and gas development besides 

oil spills. 

Response: We considered disturbance 

from oil and gas exploration, 

development, and production in the 

draft stock assessments; however, we 

did not state this point explicitly in the 

draft stock assessment reports. We have 

revised the final stock assessment 

reports accordingly. 

Comment 11: Fuel oil spills from ship 

traffic should be considered for the 

southcentral and southeast Alaska 

stocks. 

Response: We have included 

additional information from the Alaska 

Department of Environmental 

Conservation spill reporting database 

about ship traffic and other sources that 

have resulted in discharges of crude and 

noncrude oil into the marine 

environment for all 3 stock assessment 

reports. 

Comment 12: The stock assessment 

reports should describe the reasons for 

and implications of the age/sex 

distribution of the subsistence harvest 

on the demography and dynamics of sea 

otter populations. 

Response: We believe the suggested 

additional in-depth analysis of the 

subsistence harvest is beyond the scope 

of these reports as it relates to 

determining the status of the stocks. 

Comment 13: The impact of other 

factors, such as contaminants, should be 

evaluated. 

Response: Available information is 

insufficient to quantitatively estimate 

the impacts of these factors. 

Comment 14: Additional detail on the 

Unusual Mortality Event should be 

included in the stock assessment 

reports. 

Response: Studies of sea otter disease, 

mortality, and survival are ongoing. 

Results are not yet available for 

inclusion in this stock assessment 

report. 

Comment 15: Given the dates of the 

various surveys used to estimate the 

population size of the southwest Alaska 

stock, the current population may be 

lower than the estimated value. 

Response: We acknowledge that 

population estimates for some of the 

regions within the southwest Alaska 

stock are somewhat dated; however, 

they are the best available scientific 

information at this time. Population 

monitoring for this stock is an important 

component of the recovery plan that is 

in development. As this stock is listed 

as threatened under the ESA, it is 

considered strategic under the MMPA 

and subject to annual review, regardless 

of the actual population size. 

Comment 16: Apparent regional 

population trends in the southeast 

Alaska stock should be discussed in 

greater detail. 

Response: The U.S. Geological Survey 

collected survey information for the 

southeast Alaska stock. A summary 

report that addresses this issue is in 

preparation; however, conclusions are 

not available at this time. 

Comment 17: Information gathered 

from the fishing industry cannot be 

relied upon for truthfulness or accuracy 

because of their concern for profits. 

Response: The Service relied on the 

best available scientific information in 

the preparation of these stock 

assessment reports, and readily 

acknowledges the limitations of these 

data. Although some of the information 

is self-reported, we also rely on fisheries 

observer programs when available. 

Comment 18: The agency’s system for 

observing the catch is incorrect and 

untruthful. Cameras on boats and fines 

and jail times are needed. 

Response: Observer programs are 

conducted by the National Marine 

Fisheries Service of the Department of 

Commerce. We have forwarded these 

suggested improvements to them for 

consideration. 

Comment 19: The words ‘‘optimum 

sustainable population’’ are opposed as 

the phrase promotes overutilization of 

the wildlife. 

Response: The term ‘‘Optimal 

Sustainable Population’’ is defined in 

the Marine Mammal Protection Act (16 

U.S.C. 1362). 

References Not Cited in the Notice of 

Availability of Draft Revised SARs 

Manly, B.F.J. 2006. Incidental catch and 

interactions of marine mammals and birds 

in the Cook Inlet salmon driftnet and setnet 

fisheries. Western EcoSystems Technology 

Inc. Report. Cheyenne, Wyoming, USA. 

98pp. 

Manly, B.F.J. 2007. Incidental take and 

interactions of marine mammals and birds 

in the Kodiak Island salmon set gillnet 

fishery, 2002 and 2005. Western 

EcoSystems Technology Inc. Report. 

Cheyenne, Wyoming, USA. 221pp. 

Authority: The authority for this action is 

the Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361–1407). 

Dated: July 29, 2008. 

Rowan W. Gould, 

Acting Director, Fish and Wildlife Service. 

[FR Doc. E8–17804 Filed 8–1–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–R–2008–N0147; 40136–1265–

0000–S3] 

Pocosin Lakes National Wildlife 

Refuge, Hyde, Tyrrell, and Washington 

Counties, NC 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability: Final 

comprehensive conservation plan and 

finding of no significant impact. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce the 

availability of our final comprehensive 

conservation plan (CCP) and finding of 

no significant impact (FONSI) for 

Pocosin Lakes National Wildlife Refuge. 

In the final CCP, we describe how we 

will manage this refuge for the next 15 

years. 

ADDRESSES: A copy of the CCP may be 

obtained by writing to: Howard A. 

Phillips, Refuge Manager, Pocosin Lakes 

National Wildlife Refuge, P.O. Box 329, 

Columbia, NC 27925. The CCP may also 

be accessed and downloaded from the 

Service’s Internet site: http:// 

southeast.fws.gov/planning. 

FOR FURTHER INFORMATION CONTACT: 

Howard A. Phillips; Telephone: 252/ 

796–3004. 

SUPPLEMENTARY INFORMATION: 

Introduction 

With this notice, we finalize the CCP 

process for Pocosin Lakes National 

Wildlife Refuge. We started this process 

through a notice in the Federal Register 

on November 3, 2000 (65 FR 66256). For 

more about the process, see that notice. 

Congress established the 12,000-acre 

Pungo National Wildlife Refuge in 1963 

by the authorities of the Migratory Bird 

Conservation Act of 1929 and the Fish 


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