[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18572-18576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06505]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2022-0031; FF04E00000-234-FXES11130400000]
Marine Mammal Protection Act; Stock Assessment Reports for Two
Stocks of West Indian Manatee
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; response to comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act of 1972,
as amended, we, the U.S. Fish and Wildlife Service, after consideration
of comments received from the public, have revised the marine mammal
stock assessment reports (SAR) for two West Indian manatee stocks, the
Florida manatee stock (Trichechus manatus latirostris) and the Puerto
Rico stock of the Antillean manatee (Trichechus manatus manatus). We
now make both final revised SARs available to the public.
ADDRESSES: Document Availability: You may obtain a copy of the stock
assessment reports for the Florida manatee stock and Puerto Rico stock
of Antillean manatee by either of the following methods:
Internet: https://www.regulations.gov. Search for FWS-R4-
ES-2022-0031.
Write to or call (during normal business hours from 8 a.m.
to 4:30 p.m., Monday through Friday) the appropriate individual as
described under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Florida manatee stock: Lourdes Mena, USFWS Florida Ecological
Services Field Office, 7915 Baymeadows Way, Suite 200, Jacksonville,
FL, by telephone (904-731-3134), or by email (Lourdes_Mena@fws.gov).
Puerto Rico manatee stock: Edwin Mu[ntilde]iz, USFWS Caribbean
Ecological Services Field Office, P.O. Box 491, Boquer[oacute]n, PR, by
telephone (786-244-0081), or by email (Edwin_Muniz@fws.gov).
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.
SUPPLEMENTARY INFORMATION: We announce the availability of the final
revised stock assessment reports (SARs) for the Florida manatee stock
(Trichechus manatus latirostris) and the Puerto Rico stock of the
Antillean manatee (Trichechus manatus manatus).
Background
Under 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, the U.S. Fish and Wildlife
Service (Service) regulates the taking; import; and, under certain
conditions, possession; transportation; purchasing; selling; and
offering for sale, purchase, or export, 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 level (OSP). The
OSP is defined under the MMPA 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)).
[[Page 18573]]
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. A
SAR must be based on the best scientific information available;
therefore, we prepare it in consultation with an independent Scientific
Review Group (SRG) established under section 117(d) 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 by source and, for a strategic stock, other factors that may be
causing a decline or impeding recovery of the stock;
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, which is intended to compensate
for uncertainty and unknown estimation errors. This can be written as:
PBR = (Nmin)(\1/2\ of the Rmax)(Fr)
Section 117 of the MMPA also requires the Service and the 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
for which the level of direct human-caused mortality exceeds the PBR
level; 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 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)).
Stock Assessment Report History for Two Stocks of West Indian Manatee
The SARs for the Florida and Puerto Rico stocks of the West Indian
manatee were last revised in 2014. Because the West Indian manatee is
listed as a threatened species under the ESA, both stocks are
considered strategic. Therefore, the Service reviews the stock
assessment annually. If, based on our annual review, we determine that
new information (such as new abundance estimates) indicates that a
revision is warranted, we will propose a revision. In 2020, based on
new information that had become available, the Service initiated
revision of the SARs, and once completed, presented them for review to
the SRG. Subsequent to that review, the Service published a notice in
the Federal Register informing the public of the availability of these
draft revised SARs and seeking public comment (87 FR 47445, August 3,
2022). These final revised SARs incorporate the comments and
suggestions provided to the Service by the SRG and the public, as
appropriate.
Summary of Revised Stock Assessment Reports for Two Stocks of West
Indian Manatee
The following table summarizes some of the information contained in
the revised SARs for the Florida and Puerto Rico stocks of the West
Indian manatee, which includes the stocks' Nmin,
Rmax, Fr, PBR, annual estimated human-caused
mortality and serious injury, and status.
In March 2021, the Service declared an Unusual Mortality Event
(UME) along the Atlantic coast of Florida for the Florida stock. The
event, which began in December 2020 and is ongoing, is associated with
phytoplankton blooms and seagrass loss in the Indian River Lagoon. The
effect of the UME on population size and trend is not known at this
time but will be assessed in the future based on new abundance
estimates that are being developed and additional population modeling.
We are working closely with our conservation partners to monitor and
address the UME. No UME has been declared for the Puerto Rico stock.
Summary--Revised Stock Assessment Reports for the Florida and Puerto Rico Stocks of West Indian Manatee
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual estimated human-caused mortality
West Indian manatee stock Nmin Rmax Fr PBR (5-year average) Stock status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida manatees.................... 8,237 0.062 0.5 127.67 144.8 (Years 2014-2018)................. Strategic
Antillean manatees (Puerto Rico).... 319 0.04 0.4 2.55 4 (Years 2015-2019)..................... Strategic
--------------------------------------------------------------------------------------------------------------------------------------------------------
Response to Public Comments
We received comments on the draft SAR for the Florida stock from
the Florida Fish and Wildlife Conservation Commission (FWC) and the
Center for Biological Diversity. No comments were submitted on the
draft SAR for the Puerto Rico stock. We present substantive issues
raised in those comments that are pertinent to the SAR for the Florida
stock, edited for brevity, along with our responses below.
Comments Specific to the Stock Assessment Report for the Florida Stock
Comment 1: The population estimate of 8,810 Florida manatees,
established from Hostetler et al. (2018), is likely a gross
overestimate of the number of Florida manatees remaining in the wild
today. As the SAR recognizes, the ongoing Unusual Mortality Event (UME)
is not incorporated into this estimate. Though efforts are underway to
produce an updated abundance estimate, this SAR should, at a minimum,
incorporate the known deaths from the UME area attributable to
starvation.
Response: The draft SAR discussed the basis for the population
estimate, acknowledged the ongoing UME, and reported the preliminary
data on the number of deaths that have occurred since the UME began. As
discussed in the draft SAR, we noted that the effect on the overall
population size was currently unknown. We have updated
[[Page 18574]]
the final revised SAR to include more recent preliminary data on the
number of deaths in the UME area and additional discussion about the
possible population-level effects of the UME. We also clarified the
reasons why we have not incorporated the UME deaths into the population
estimate. The final revised SAR maintains that the 2018 population
estimate, which is a point estimate and a 95 percent confidence
interval (7,520-10,280), is the best scientific information available.
It also notes that the UME is primarily affecting one of the four
management units (the Atlantic Coast unit) and that manatees in the
other three units are generally exhibiting positive population growth.
Comment 2: The Service should publish a revised SAR when the
updated abundance estimate, including total mortality from the ongoing
UME, is published.
Response: The draft SAR discussed that the FWC was in the process
of collecting new aerial survey data to be used to produce an updated
abundance estimate. We have updated the SAR to note that surveys of the
East Coast of Florida were flown in December 2022 and that we still
expect an updated abundance estimate to be available in 2023 or 2024.
Comment 3: The SAR relies on productivity rates that do not account
for recent threats to the Florida manatee, including the ongoing UME
and degradation of seagrass habitat across the State. Not only are the
adult survival rates significantly impacted by the death of nearly
2,000 Florida manatees in 2021 and 2022 combined, but starvation
stressors have likely impacted reproductivity rates as well. The death
of large numbers of female manatees--at least 415 identified in 2021
alone--also exacerbates reproductivity concerns by decreasing calving
rates and orphaning existing calves.
Response: The survival and reproductive rates reported in the draft
SAR are the best scientific information available. The draft SAR
acknowledged the ongoing UME but stated the effects of the UME were
currently unknown. The final revised SAR retains these same
conclusions; however, we recognize that the effects of the UME on
survival and reproductive rates on the population stock as a whole are
still being assessed, and we anticipate additional information on the
effects of the UME in the future. Estimates of reproductive rates (and
survival rates) are most often obtained and tracked using long-term
longitudinal studies of known identifiable manatees. Therefore, it
likely will be several years before data are available from the UME
area that can be used for this purpose. The Florida Fish and Wildlife
Conservation Commission is working on an Integrated Population Model
(IPM) for the Atlantic Coast management unit that will provide
additional insight into the effects of the UME on population size and
other important metrics, including adult survival and reproductive
rates. The IPM will use the new abundance estimates that are currently
being developed, so it will likely be 2024 or later before the IPM
results will be available. Even if available information indicated
reduced reproduction in the area of the UME, this information would not
affect the maximum theoretical net productivity rate, which is what is
used in the calculation of Potential Biological Removal (PBR).
Comment 4: The ongoing UME underscores the numerous threats of
habitat destruction facing the Florida manatee, which should be
adequately reflected in the SAR. Seagrasses on which manatees depend
are increasingly being destroyed. Warm water refugia where manatees
overwinter are threatened. Coastal development also threatens manatee
habitat.
Response: The draft SAR discussed all sources of human-caused
mortality and serious injury, as well as the ongoing UME and all other
causes of mortality. The Habitat Issues section contains discussions of
the importance of warm water sites and available forage, and current
and future threats. The final revised SAR includes updated and
additional discussion about the ongoing UME, and it meets all of the
informational requirements of the MMPA section 117.
Comment 5: While the 2022 SAR for the Florida manatee stock
provides a cursory overview of these harms, the population estimate of
8,810 is an unacceptable starting point for recovery discussions.
Section 117 of the MMPA requires the Service to prepare a SAR to help
accomplish the goal of maintaining marine mammal stocks at their
optimum sustainable population levels. SARs must be based on the best
scientific information available, and there exists ample information to
incorporate deaths from the ongoing UME. Moreover, the Service should
immediately revise the SAR when the forthcoming abundance estimate is
released, as it will provide substantial new information regarding the
Florida manatee stock. This new information will be critical when
developing ongoing strategy for manatee conservation, including
determining potential biological removal levels.
Response: As mentioned above, this final revised SAR contains the
best scientific information available and meets the informational
requirements of the MMPA. To the extent the commenter is referring to
conservation strategies and other documents for the manatee, which are
governed by different legal authorities and standards, such as the ESA,
these comments are beyond the scope of this action. In addition, the
MMPA requires the annual review of stock assessments for strategic
stocks, which includes the manatee. During the Service's annual review,
if we determine that new information (such as new abundance estimates)
indicate that a revision is warranted, we will propose a revision. This
final revised SAR includes additional discussion about possible
population-level effects of the UME.
Comment 6: While Slone et al. 2017 serves as a recent source of
information to support the page 2 statement that manatee movements
outside of Florida appear to be increasing, we recommend citing
accessible publications such as Pabody et al. 2009 and Hieb et al.
2017.
Response: Pabody, et al. 2009 was already included in the draft
SAR. We have added a citation to Hieb et al. 2017 in this final revised
SAR.
Comment 7: Regarding Florida manatee regional management units on
page 2 (and illustrated on page 3), the border for the Atlantic Coast
unit and Upper St. Johns River unit should be described as the Clay-
Putnam Counties line as opposed to Palatka.
Response: We did not make the suggested change because the
commenter did not provide a citation supporting this change. The
boundary described in the SAR is the same boundary referenced in the
2001 Florida Manatee Recovery Plan and FWC's Final Biological Status
Review of the Florida Manatee (Haubold et al., 2006).
Comment 8: If addressing implementing regulations, we recommend
reference to the Florida Manatee Sanctuary Act (Ch. 379.2431(2),
Florida Statute) as this regulatory and conservation authority provides
for the management actions as defined in the 2007 FWC Manatee
Management Plan.
Response: Although the Florida Manatee Sanctuary Act was referenced
in the draft SAR in the Status of Stock section, we added another
reference as suggested in the Stock Definition and Geographic Range
section of the final revised SAR.
Comment 9: The minimum population estimate (Nmin) for
the Florida manatee stock is calculated using the equation for Minimum
[[Page 18575]]
Population Estimate provided in NMFS (2016): Nmin = N/exp
(0.842 x [ln(1+[CV (N)]\2\)]1/2). We recommend including an
explanation of what the Minimum Population Estimate implies. For
example, the Minimum Population Estimate provides a conservative
estimate of the 20th percentile of the population distribution.
Response: The recommended explanation is an accurate statement, but
we did not add additional information to the final revised SAR in
response to this comment because we do not believe most readers need
the SAR to provide that detailed of an explanation. Readers wanting a
more thorough understanding of the basis for the equation for the
minimum population estimate or what it signifies can refer to the cited
source for more information.
Comment 10: The most recent adult-survival-rate analysis for the
Florida manatee identifies mean adult survival rates of over 97
percent. It should be noted that these are baseline rates and do not
include episodic factors affecting survival, including events such as
red tide and significant periods of cold temperature.
Response: As with Comment 9, the recommended additional information
is an accurate statement, but we did not add more explanation to the
final revised SAR in response to this comment because we do not believe
most readers need the SAR to provide that detailed of an explanation.
The SAR notes that the reported rates are baseline mean adult survival
and reproductive rates that were based on data collected over a 20+
year period. Readers wanting a more thorough understanding of how the
rates are calculated can refer to the cited source for more
information.
Comment 11: We request additional research citations for this
chapter: Reinert et al. 2017: Entanglement in and ingestion of fishing
gear and other marine debris by Florida manatees, and Bassett et al.
2020: Quantifying sublethal Florida manatee-watercraft interactions by
examining scars on manatee carcasses.
Response: We added a citation to Bassett et al. 2020 in the final
revised SAR and in the References. Reinert et al. 2017 was already
cited in the draft SAR, but we added an additional citation to it in
the suggested section.
Comment 12: Manatee mortality data are available and verified
through December 2020 with preliminary mortality data available through
2021 and much of 2022. We recommend inclusion of this recent data
within this chapter, including the associated tables, or explanation of
why the SAR does not report this data.
Response: We added additional discussion in the SAR to address this
comment and explain the data range used in the tables. The data
summarized in the tables and discussed in the SAR are based on
confirmed mortality data. Preliminary data are not included because
these data are subject to change as to cause of death and other
attributes. In discussions of the ongoing UME, the reported total
number of deaths does include preliminary data (to provide context on
the scale of the event), but no assessments of these data have been
made as to cause of death. The mortality and rescue data summarized in
the SAR include data through 2018, the last full year for which
confirmed mortality data were available from the FWC at the time this
report was prepared and submitted to the Atlantic SRG for peer review.
After peer review, FWC provided confirmed mortality data covering all
of 2019 and 2020. Due to both the timing of when these data became
available and to changes FWC made to their data collection protocols,
these data are discussed but are not included in the tables.
Comment 13: Manatee mortality should include a description of other
cause of death (COD) categories, including Verified Not Necropsied and
Undetermined. Reported data on human-related COD is likely an
underestimate as there may be cases of human-related death that were
not quantified if a carcass was not recovered, necropsied, or a COD was
unable to be determined. We recommend including two columns in table 4
to distinguish between Other and Undetermined COD categories as opposed
to ``Other.''
Response: Descriptions of other causes of death were included in
the draft SAR, as was a citation to the FWC website that describes all
the categories; however, we have added additional explanation and
discussion in the final revised SAR, particularly for the Verified Not
Necropsied (VNN) category. The draft SAR explained that the cause of
some deaths cannot be determined and that the true number of deaths
(total or in any given category) is not known because the number of
carcasses that are not found or reported is unknown. We did not split
the ``Other'' category as suggested given the focus of the SAR is on
human-related deaths; no human-related deaths are included in the VNN
and Undetermined categories that comprise the ``Other'' category used
in the SAR.
Comment 14: The statement referring to carrying-capacity and cited
as Provancha et al. 2012 does not consider the thermal quality of warm-
water sites. We recommend further discussion on insufficient or non-
dependable warm water as a limiting factor in addition to physical
constraints such as vegetation.
Response: Warm-water issues were discussed in the draft SAR in
sufficient detail, consistent with the requirements of the MMPA.
Readers wanting a more thorough understanding of potential carrying
capacity issues can refer to the cited sources for more information.
Comment 15: We recommend including additional citations on red tide
effects on manatees: Walsh et al. 2015: Sublethal red tide toxin
exposure in free-ranging manatees (Trichechus manatus) affects the
immune system through reduced lymphocyte proliferation responses,
inflammation, and oxidative stress, and Flewelling et al. 2005: Red
tides and marine mammal mortalities.
Response: We added citations to both papers in the final revised
SAR.
Comment 16: From information reported by the St. Johns River Water
Management District, and based on 2021 aerial survey seagrass data, the
Indian River Lagoon has lost approximately 75 percent of seagrass
acreage since 2009 with 40 percent loss of seagrass acreage from 2019
through 2021.
Response: We did not revise the information contained in the draft
SAR because the commenter did not provide a supporting citation.
Although the information included in the SAR is not the same as the
above comment, the source we cited is recent (2022) and from the same
agency referred to in the comment, and both descriptions support the
same finding: that significant seagrass losses have occurred in this
area.
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
[[Page 18576]]
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,
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
(https://www.regulations.gov) under Docket No. FWS-R4-ES-2022-0031 or
upon request from the Florida Ecological Services Field Office or
Caribbean Ecological Services Field 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.).
Signing Authority
Martha Williams, Director of the U.S. Fish and Wildlife Service,
approved this action on March 24, 2023, for publication. On March 24,
2023, Martha Williams authorized the undersigned to sign the document
electronically and submit it to the Office of the Federal Register for
publication as an official document of the U.S. Fish and Wildlife
Service.
Madonna Baucum,
Chief, Policy and Regulations Branch, U.S. Fish and Wildlife Service.
[FR Doc. 2023-06505 Filed 3-28-23; 8:45 am]
BILLING CODE 4333-15-P