[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3856-3859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01271]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES- 2012-0081;FF04EF1000 FGES11130400000 134]
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; response to comments.
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SUMMARY: In accordance with the Marine Mammal Protection Act of 1972,
as amended (MMPA), and its implementing regulations, we, the U.S. Fish
and Wildlife Service (Service), announce that we have revised our stock
assessment reports (SAR) for two West Indian manatee stocks: the
Florida manatee stock and the Puerto Rico stock of Antillean manatees
(Trichechus manatus latirostris and Trichechus manatus manatus,
respectively), including incorporation of public comments. We now make
these two final revised SARs available to the public.
ADDRESSES: You may view both revised SARs on http://www.regulations.gov
under Docket No. FWS-R4-ES-2012-0081. Send requests for printed copies
of the Florida Manatee SAR to: Field Supervisor, U.S. Fish and Wildlife
Service, Jacksonville Field Office, 7915 Baymeadows Way, Suite 200,
Jacksonville, Florida 32256-7517. You may also view or download it at
http://www.fws.gov/northflorida. Send requests for printed copies of
the Antillean Manatee SAR to: Field Supervisor, U.S. Fish and Wildlife
Service, Caribbean Ecological Services Office, P.O. Box 491, Puerto
Rico 00622. You may also view or download it at http://www.fws.gov/caribbean/ES.
FOR FURTHER INFORMATION CONTACT: For information on the methods, data,
and results of the Florida manatee stock assessment, contact Jim Valade
by phone at 904-731-3116 or by email at Jim_Valade@fws.gov. For
information on the methods, data, and results of the Antillean manatee
stock assessment, contact Marelisa Rivera by phone at 787-851-7297 or
by email at Marelisa_Rivera@fws.gov. Persons who use a
telecommunications device for the deaf may call the Federal Information
Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Under the MMPA (16 U.S.C. 1361 et seq.) and its implementing
regulations in the Code of Federal Regulations (CFR) at 50 CFR part 18,
the Service regulates 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 stocks
of marine mammals occurring in waters under U.S. jurisdiction 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 (OSP) level. OSP is defined under the MMPA as '' . . . the
number
[[Page 3857]]
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 Service and the
National Marine Fisheries Service (NMFS) to prepare a SAR for each
marine mammal stock that occurs in waters under U.S. jurisdiction. Each
SAR must include:
1. A description of the stock and its geographic range;
2. A minimum population estimate, maximum net productivity rate,
and current population trend;
3. An estimate of human-caused mortality and serious injury;
4. A description of commercial fishery interactions;
5. A categorization of the status of the stock; and
6. An estimate of the potential biological removal (PBR) level.
The MMPA defines the PBR 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'' (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. This can be written as:
PBR = (Nmin)(\1/2\ of the
Rmax)(Fr)
Section 117 of the MMPA also requires the Service and NMFS to
review the SARs: (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. 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.)
[the ``ESA''], within the foreseeable future; or (c) which is listed as
a threatened species or endangered species under the [ESA], or is
designated as depleted under [the MMPA]'' 16 U.S.C. 1362(19).
SARs for both the Puerto Rico stock of Antillean manatees and the
Florida manatee were last revised in December of 2009. Both are
classified as strategic stocks by virtue of their listing as an
endangered species under the ESA. The Service reviewed the SARs in 2010
and concluded that a revision of these SARs was not warranted at that
time because the status of these stocks had not changed since 2009, nor
could they be more accurately determined. Upon subsequent review in
2011, the Service determined that revision was warranted for both
stocks in light of recent elevated Florida manatee mortality levels
that could affect the status of this stock and the development of new
methods that could more accurately determine the number of Antillean
manatees in Puerto Rico. Before releasing our draft SARs for public
review and comment, we reviewed the drafts with the Atlantic Scientific
Review Group and submitted them for an internal technical review.
In a March 28, 2013 (78 FR 19002) Federal Register notice, we made
our draft SARs available for the MMPA-required 90-day public review and
comment period. We reviewed all comments received for substantive
issues and new information and revised the final SARs as necessary (see
Response to Public Comments). Between publication of the draft and
final revised SARs, we have not revised the status of the stocks
itself. However, we have updated the SARs to include the most recent
information available.
The following table summarizes the information we are now making
available in the final revised SARs for both stocks of the West Indian
manatees, which lists the stock's Nmin, Rmax,
Fr, PBR, annual estimated human-caused mortality and serious
injury, and status.
Final Revised Stock Assessment Reports for Stocks of the West Indian Manatee
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Annual
estimated
Stocks of West Indian Manatees Nmin Rmax Fr PBR average human- Stock status
caused
mortality
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Florida manatee (Southeastern U.S.)....... 4,834 0.062 0.1 14 99 Strategic.
Antillean manatee (Puerto Rico)........... 142 0.04 0.1 0 1 Strategic.
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Response to Public Comments
Manatee Stock Assessments
We received three comment submissions on the draft revised SARs (78
FR 19002). Commenters included the Atlantic Scientific Review Group,
the Marine Mammal Commission, and the Humane Society of the United
States. We present substantive issues raised in those comments, along
with our responses, below.
(1) Comment: A commenter stated that the Service failed to review
and revise its manatee stock assessment reports (SARs) since 2009,
consistent with its responsibilities under the MMPA, i.e., 16 U.S.C.
1386 117(c)(1)(A).
Our Response: Consistent with its responsibilities under section
117(c)(1)(A) of the MMPA, the Service reviewed both manatee SARs in
2010 and 2011. As stated in the Service's March 28, 2013 Notice of
Availability, and reiterated above, the Service reviewed the SARs in
2010 and concluded there was no new information indicative of a change
in the status of these stocks nor was there any information to suggest
that the status of these stocks could be more accurately determined
and, therefore, revision was not warranted at that time. However, upon
review in 2011, the Service concluded revision was warranted for both
stocks in light of elevated Florida manatee mortality levels and new
methods that could more accurately determine the number of Antillean
manatees in Puerto Rico and began the revision process.
The Service's obligation to revise a SAR is contingent upon whether
or not a review indicates that the status of the stock has changed or
can be more accurately determined. If a review indicates that the
status of a stock has changed or can be more accurately determined, the
Service revises the SAR in accordance with section 117(b), which
includes a public review and comment period. However, section
[[Page 3858]]
117(c)(1) does not include a similar requirement of public notice and
comment on the Service's review of stock assessments. In view of this,
we acknowledge the public may not be aware of the results of the
Service's review of stock assessments. Therefore, although not required
under the MMPA, we will update our Web pages at http://www.fws.gov/northflorida for the Florida stock and at http://www.fws.gov/caribbean/ES for the Puerto Rico stock to inform the public of the results of our
annual review of these strategic stocks.
(2) Comment: Commenters recommended that the Service consistently
describe the listed entity, i.e., the West Indian manatee, at the
beginning of both SARs and then segue to the particular subspecies in
each of the SARs.
Our Response: We have revised both SARs to clarify the listing and
subspecies.
(3) Comment: We received comments encouraging continued and
expanded research efforts such as examining manatee survival rates,
genetics, ecological drivers, etc.
Our Response: Although these comments are outside the scope of
review for these SARs, the Service appreciated this input and will
continue to work with partners (e.g., U.S. Geological Survey, Florida
Fish and Wildlife Research Institute, Puerto Rico Department of Natural
and Environmental Resources, universities, aquaria, etc.) to collect
important information on manatees and their environment.
Florida Manatee Stock Assessment
(4) Comment: Commenters stated that the identification of four
stocks would facilitate management efforts because SARs, developed for
each management unit, could more accurately identify unit-specific
threats and, therefore, better promote recovery within the management
units.
Our Response: Current and previous Florida manatee management
activities have relied on the use of a state-of-the-art core biological
model (CBM) to assess manatee population status and threats to the
population as a whole and to assess status and threats in each of the
four management units. Service and State manatee management efforts
rely on the CBM for information on threats and consequently target
identified threat levels through management activities described in
respective recovery and management plans. The use of recovery plans to
address threats is prescribed by the ESA and has been used effectively
by the Service and other resource agencies for over 30 years. As such,
specific management actions targeted to achieving the ``conservation
and survival'' of the West Indian manatee are appropriately described
in the recovery plan for this species issued under section 4(f) of the
ESA.
In addition, section 117 of the MMPA requires the Service to
prepare an assessment for each marine mammal ``stock,'' and the term
``stock'' is defined under section 3(11) of the MMPA as ``a group of
marine mammals of the same species or smaller taxa in a common spatial
arrangement, that interbreed when mature.'' Thus, although the SAR has
been revised to include a discussion describing the four management
units identified within Florida, the Service recognizes the Florida
manatee population as a single ``stock'' within the meaning of that
term as defined under the MMPA.
(5) Comment: Commenters asked that the Service include the 2012
Florida manatee deaths in the Florida manatee SAR.
Our Response: We have revised the Florida manatee SAR to include
the 2012 Florida manatee deaths.
(6) Comment: A commenter suggested the Florida manatee SAR include
a table showing annual death totals by year and region along with cause
of death and a chart listing declared unusual mortality events (UMEs)
and number of deaths.
Our Response: The SAR includes a table that provides annual death
totals and causes for the Florida stock. A more detailed listing of
annual deaths by County in Florida can be found on the Florida Fish and
Wildlife Conservation Commission's (FWC) Web site (http://www.myfwc.com/research/manatee/rescue-mortality-response/mortality-statistics/). Rather than duplicate these tables, the Service directs
interested parties to the FWC Web site. This link is provided in the
SAR in the list of references. With regard to UMEs, NMFS maintains a
running list of all UMEs on its ``Marine Mammal Unusual Mortality
Events'' Web site (http//www.nmfs.noaa.gov/pr/health/mmume), which
includes those declared for manatees. Although mortality events are
discussed in the Florida manatee SAR, the Service does not believe it
is necessary to duplicate the list of manatee UMEs in the revised SAR.
(7) Comment: A commenter recommended additional citations for
consideration in the Florida manatee SAR in addition to a few specific
editorial recommendations for both SARs.
Response: The Service appreciates these recommendations and has
incorporated them into the final SARs. The additional citations
referenced have been added to the complete list of scientific
literature, which is available on the Federal eRulemaking portal
(http://www.regulations.gov) under Docket No. FWS-R4-ES-2012-0081.
Antillean Manatee Stock Assessment
(8) Comment: The Antillean manatee SAR should include a map of the
Antillean subspecies range as a whole, as well as a map that identifies
key locations referenced in the text.
Our Response: We have revised the SAR for the Puerto Rico stock of
Antillean manatees to include a map that references coastal
municipalities and offshore islands mentioned in the SAR. Since this
SAR is specific to the Puerto Rico stock, we believe the overall range
of the Antillean manatee is appropriately described in the text.
(9) Comment: Tables 1 and 2 in the Antillean manatee SAR do not
include data for the same time periods. Can they be modified to reflect
the same periods?
Our Response: We have revised the SAR for the Puerto Rico stock of
Antillean manatees to reflect the same periods.
References
In accordance with section 117(b)(1) of the MMPA, we include in
this notice a list of the sources of information or published reports
upon which we based the revised SAR. The Service consulted technical
reports, conference proceedings, refereed journal publications, and
scientific studies prepared or issued by Federal agencies,
nongovernmental organizations, and individuals with expertise in the
fields of marine mammal biology and ecology, population dynamics,
modeling, and commercial fishing practices.
These agencies and organizations include: the Service, the U.S.
Geological Survey, the National Oceanic and Atmospheric Administration,
the Puerto Rico Department of Natural and Environmental Resources, the
Georgia Department of Natural Resources, the Florida Fish and Wildlife
Conservation Commission, Hubbs Sea World Research Institute, the Gulf
and Caribbean Fisheries Institute, the Caribbean Stranding Network, and
Mote Marine Laboratory. In addition, the Service consulted publications
such as the Journal of Wildlife Management, Marine Mammal Science,
Marine Pollution Bulletin, Marine Technology Society Journal, Wildlife
Monographs, Gulf and Caribbean Research, Journal of Zoo and Wildlife
Medicine, Molecular Ecology, and Molecular Ecology Notes, as well as
other refereed journal literature,
[[Page 3859]]
technical reports, and data sources in the development of these SARs.
A complete list of citations to the scientific literature relied on
for each of these SARs is available on the Federal eRulemaking portal
(http://www.regulations.gov) under Docket No. FWS-R4-ES-2012-0081. The
list can also be viewed in Adobe Acrobat format at http://www.fws.gov/northflorida or at http://www.fws.gov/caribbean/es/manatee.
Authority
The authority for this action is the Marine Mammal Protection Act
of 1972, as amended (16 U.S.C. 1361 et seq.).
Dated: January 10, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-01271 Filed 1-22-14; 8:45 am]
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