Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Notices 70097

compliance with U.S. export control DEPARTMENT OF COMMERCE and will generally be posted for public laws and regulations, including those viewing on www.regulations.gov administered by the Department of National Oceanic and Atmospheric without change. All personal identifying Commerce’s Bureau of Industry and Administration information (e.g., name, address, etc.), confidential business information, or Security; RIN 0648–XE783 otherwise sensitive information • It has identified any matter pending submitted voluntarily by the sender will before any bureau or office of the Draft 2016 Marine Stock be publicly accessible. NMFS will Department of Commerce; Assessment Reports accept anonymous comments (enter ‘‘N/ • It has identified any pending AGENCY: National Marine Fisheries A’’ in the required fields if you wish to litigation (including any administrative Service (NMFS), National Oceanic and remain anonymous). proceedings) to which it is a party that Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: involves the Department of Commerce; Commerce. Shannon Bettridge, Office of Protected • It and its affiliates (1) have not and ACTION: Notice; request for comments. Resources, 301–427–8402, will not engage in the bribery of foreign [email protected]; Marcia SUMMARY: NMFS reviewed the Alaska, officials in connection with its Muto 206–526–4026, Marcia.Muto@ Atlantic, and Pacific regional marine involvement in this Mission, and (2) noaa.gov, regarding Alaska regional mammal stock assessment reports stock assessments; Elizabeth Josephson, maintain and enforce a policy that (SARs) in accordance with the Marine prohibits the bribery of foreign officials. 508–495–2362, Elizabeth.Josephson@ Mammal Protection Act. SARs for noaa.gov, regarding Atlantic, Gulf of Selection Criteria for Participation marine in the Alaska, Mexico, and Caribbean regional stock Atlantic, and Pacific regions were assessments; or Jim Carretta, 858–546– • Suitability of the company’s revised according to new information. 7171, [email protected], regarding products or services to the market. NMFS solicits public comments on the Pacific regional stock assessments. Please note: this mission will not draft 2016 SARs. SUPPLEMENTARY INFORMATION: include nuclear power technologies DATES: Comments must be received by given the imbalance of this sub-sector in January 9, 2017. Background UAE and Saudi Arabia. ADDRESSES: The 2016 draft SARs are Section 117 of the Marine Mammal • Applicant’s potential for business available in electronic form via the Protection Act (MMPA) (16 U.S.C. 1361 in the target countries, including Internet at http://www.nmfs.noaa.gov/ et seq.) requires NMFS and the U.S. Fish likelihood of exports resulting from the pr/sars/draft.htm. and Wildlife Service (FWS) to prepare mission. Copies of the Alaska Regional SARs stock assessments for each stock of • Consistency of the applicant’s goals may be requested from Marcia Muto, marine mammals occurring in waters and objectives with the stated scope of Alaska Fisheries Science Center, NMFS, under the jurisdiction of the United the mission. Balance of company size, 7600 Sand Point Way, NE BIN 15700, States, including the Exclusive Seattle, WA 98115–0070. Economic Zone. These reports must sector or subsector, and location may Copies of the Atlantic, Gulf of Mexico, contain information regarding the also be considered during the review and Caribbean Regional SARs may be distribution and abundance of the stock, process. Referrals from political requested from Elizabeth Josephson, population growth rates and trends, organizations and any documents Northeast Fisheries Science Center, 166 estimates of annual human-caused containing references to partisan Water St., Woods Hole, MA 02543. mortality and serious injury (M/SI) from political activities (including political Copies of the Pacific Regional SARs all sources, descriptions of the fisheries contributions) will be removed from an may be requested from Jim Carretta, with which the stock interacts, and the applicant’s submission and not Southwest Fisheries Science Center, status of the stock. Initial reports were considered during the selection process. 8604 La Jolla Shores Drive, La Jolla, CA completed in 1995. FOR FURTHER INFORMATION CONTACT: 92037–1508. The MMPA requires NMFS and FWS You may submit comments, identified to review the SARs at least annually for International Trade Administration, by NOAA–NMFS–2016–0101, by any of strategic stocks and stocks for which Melissa Blackledge, Trade Promotion the following methods: significant new information is available, Programs, Washington, DC, Tel: (202) Federal e-Rulemaking Portal: Go to and at least once every three years for 482–1765, Email: melissa.blackledge@ www.regulations.gov/ non-strategic stocks. The term ‘‘strategic trade.gov. #!docketDetail;D=NOAA-NMFS-2016- stock’’ means a marine mammal stock: U.S. Commercial Service Saudi Arabia, 0101, click the ‘‘Comment Now!’’ icon, (A) For which the level of direct human- Douglas Wallace, U.S. Commercial complete the required fields, and enter caused mortality exceeds the potential Service, Riyadh, Saudi Arabia, Tel: + or attach your comments. biological removal level; (B) which, 966 +11– 488–3800, Email: Mail: Send comments or requests for based on the best available scientific [email protected]. copies of reports to: Chief, Marine information, is declining and is likely to Mammal and Sea Turtle Conservation be listed as a threatened species under U.S. Commercial Service United Arab Division, Office of Protected Resources, the Endangered Species Act (ESA) Emirates, Dao M. Le, U.S. Commercial National Marine Fisheries Service, 1315 within the foreseeable future; or (C) Service, Abu Dhabi, UAE, Tel: + 971 East-West Highway, Silver Spring, MD which is listed as a threatened species +2– 414–2665, Email: dao.le@ 20910–3226, Attn: Stock Assessments. or endangered species under the ESA. trade.gov. Instructions: NMFS may not consider NMFS and the FWS are required to comments if they are sent by any other revise a SAR if the status of the stock Frank Spector, method, to any other address or has changed or can be more accurately Trade Missions Program. individual, or received after the end of determined. NMFS, in conjunction with [FR Doc. 2016–24479 Filed 10–7–16; 8:45 am] the comment period. All comments the Alaska, Atlantic, and Pacific BILLING CODE 3510–DR–P received are a part of the public record independent Scientific Review Groups

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(SRGs), reviewed the status of marine partially coincide with a listed DPS as thus they should not be used in certain mammal stocks as required and revised not depleted for management purposes. management actions: Bearded seal, reports in the Alaska, Atlantic, and Therefore, in the interim, we will treat Alaska; ringed seal, Alaska; harbor Pacific regions to incorporate new the Western North Pacific, Central North , Southeast Alaska; and fin information. Pacific, and California/Oregon/ , Northeast Pacific. Additionally, NMFS solicits public comments on Washington stocks as depleted because Nmins determined under these the draft 2016 SARs. they partially or fully coincide with circumstances will not be included in Humpback ESA-listed DPSs, and we will treat the the summary tables, but will instead Gulf of Maine and American Samoa include a caveat placeholder which On September 8, 2016, NMFS stocks as no longer depleted because defers to the SAR text. Additionally, published a final rule revising the they do not coincide with any ESA- mortalities from permitted research listing status of humpback whales under listed DPS. Any changes in stock activities were updated for western and the ESA (81 FR 62259). We divided the delineation or MMPA section 117 eastern U.S. Steller sea lion stocks and globally listed endangered species into elements (such as Potential Biological the Alaska stock of ringed seals. Also 14 distinct population segments (DPSs), Removal (PBR) or strategic status) will reflected is a shift in genera removed the species-level listing, and in be reflected in future stock assessment classification for the ringed seal, from its place, listed four DPSs as endangered reports, and the Scientific Review Phoca to Pusa. and one DPS as threatened. Based on Groups and the public will be provided The eastern U.S. stock of Steller sea their current statuses, the remaining opportunity to review and comment.’’ lion changed in status from ‘‘strategic’’ nine DPSs did not warrant listing. In response to this revision to the to ‘‘non-strategic.’’ This status change is With regard to depleted listing status, NMFS is consistent with the recent humpback determinations for species removed currently evaluating the humpback whale ESA listing final rule (81 FR from the ESA, the ESA listing rule whale stock delineations and whether 62259; September 8, 2016), which states states, ‘‘The language and structure of we can align the stocks with the DPSs. that in the case of a species or stock that the MMPA’s definition of depleted lead This does not affect the stock delination achieved its depleted status solely on NMFS to the conclusion that a species for the current SARs, but will be the basis of its ESA status, the species or stock that is designated as depleted reflected in future reports once the or stock would cease to qualify as solely on the basis of its ESA listing evaluation is complete. depleted under the terms of the status would cease to qualify as definition set forth in MMPA section Alaska Reports depleted under the terms of that 3(1), if the species or stock is no longer definition if it is no longer listed. In the Alaska region, SARs for 19 listed as threatened or endangered. Therefore, a species or stock that is Alaska stocks (13 ‘‘strategic,’’ 6 ‘‘non- NMFS took the opportunity during the removed from the list of threatened and strategic’’) were updated. All stocks public comment period related to that endangered species loses its depleted were reviewed and the following stocks rule to clarify our interpretation that status when removed from the list . . . were revised for 2016: Steller sea lion, loss of depleted status is automatic at Humpback whales were considered to western U.S.; Steller sea lion, eastern the time of a delisting if the sole basis be depleted species-wide under the U.S.; northern fur seal, eastern Pacific; for the species or stocks’ depleted status MMPA solely on the basis of the bearded seal, Alaska; ringed seal, was an ESA listing. As a result, the species’ ESA listing. Therefore, upon Alaska; , Cook Inlet; killer eastern Steller sea lion is now the effective date of the rule, humpback whale, AT1 Transient; , considered to be not depleted and no whales that are listed as threatened or eastern North Pacific Alaska resident; longer qualifies as a strategic stock (as endangered will retain depleted status killer whale, eastern North Pacific Gulf human-caused mortality or serious under the MMPA and humpback whales of Alaska, Aleutian Islands, and Bering injury does not exceed PBR). The draft that are not listed as threatened or Sea Transient; harbor porpoise, 2016 SAR reflects these changes and, endangered will lose depleted status Southeast Alaska; harbor porpoise, Gulf accordingly, the PBR has been under the MMPA. However, we note of Alaska; harbor porpoise, Bering Sea; recalculated (using a recovery factor that the DPSs established in this final , North Pacific; humpback appropriate for a non-strategic stock) rule that occur in waters under the whale, Western North Pacific; and increased from 1,645 to 2,498. jurisdiction of the United States do not humpback whale, Central North Pacific; necessarily equate to the existing , Northeast Pacific; right Atlantic Reports MMPA stocks for which Stock whale, Eastern North Pacific; bowhead In the Atlantic region (including the Assessment Reports (SARs) have been whale, Western Arctic; , Atlantic Ocean, Gulf of Mexico, and published in accordance with section unidentified stock. Information on the U.S. territories in the Caribbean), 18 117 of the MMPA (16 U.S.C. 1386). remaining Alaska region stocks can be reports for 44 stocks were updated. Of Following publication of this rule, we found in the final 2015 reports (Muto et the updated stocks, 32 stocks are will conduct a review of humpback al., 2016). ‘‘strategic,’’ and 12 are ‘‘non-strategic.’’ whale stock delineations in waters Most revisions to the Alaska SARs All stocks were reviewed and reports under the jurisdiction of the United included updates of abundance and/or for the following strategic stocks were States to determine whether any stocks M/SI estimates, including revised revised for 2016: North Atlantic right should be realigned in light of the ESA abundance estimates for both the whale, Western Atlantic; humpback DPSs established herein. Until such western and eastern U.S. Steller sea lion whale, Gulf of Maine; fin whale, time as the MMPA stock delineations stocks; northern fur seal, eastern Pacific; Western North Atlantic (WNA); sei are reviewed, because we cannot beluga whale, Cook Inlet; bearded seal, whale, Nova Scotia; short-finned pilot manage one portion of a stock as Alaska; ringed seal, Alaska; and fin whale, WNA; and 27 Gulf of Mexico depleted and another portion as not whale, Northeast Pacific stocks. The bay, sound, and estuary common depleted under the MMPA, we will treat following SARs include the abundance bottlenose stocks. Two stocks, existing MMPA stocks that fully or estimates from partial surveys as the the WNA stocks of short-finned and partially coincide with a listed DPS as Nmin, along with statements that the long-finned pilot whales, changed from depleted and stocks that do not fully or underestimated Nmins are not reliable; ‘‘non-strategic’’ to ‘‘strategic’’ this year

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because the mean annual human-caused caused mortality and serious injury is the transect line, in different survey mortality and serious injury exceeds now below PBR, and the stock has conditions (Beaufort sea state) (Barlow PBR; the Gulf of Maine humpback changed from ‘‘strategic’’ to ‘‘non- 2016). An analysis found that g(0) whale stock has changed from strategic.’’ The Atlantic SRG will decreases as Beaufort sea state increases, ‘‘strategic’’ to ‘‘non-strategic.’’ discuss the recovery factor for this stock even for visually conspicuous species. Reports for the following non-strategic at its February 2017 meeting. The following stocks reflect these stocks were revised for 2016: Minke Abundance estimates for the minke abundance (and PBR) changes: whale, Canadian east coast; Risso’s whale Canadian east stock and short- spp.; Dall’s porpoise, CA/OR/WA; dolphin, WNA; Atlantic white-sided beaked common dolphin WNA stock are Northern dolphin, CA/OR/ dolphin, WNA; short-beaked common substantially lower than what was WA; Pacific white-sided dolphin, CA/ dolphin, WNA; harbor porpoise, Gulf of reported in the 2015 SARs. This is Maine/Bay of Fundy; harbor seal, WNA; because the new estimates exclude data OR/WA; Risso’s dolphin, CA/OR/WA; gray seal, WNA; rough-toothed dolphin, from the 2007 Canadian Trans-North , CA/OR/WA; short- Northern Gulf of Mexico; pygmy sperm Atlantic Sighting Survey, as they were beaked common dolphin, CA/OR/WA; whale, WNA; , WNA; more than eight years old. Thus, the long-beaked common dolphin, CA/OR/ and common , WNA revised estimates for these stocks should WA; short-finned , CA/OR/ offshore. Information on the remaining not be interpreted as a decline in WA; fin whale, CA/OR/WA; and minke Atlantic region stocks can be found in abundance of these stocks, as previous whale, CA/OR/WA. the final 2015 reports (Waring et al., estimates are not directly comparable to A new methodology was applied to 2016). the new estimates. bycatch estimated for some coastal Most revisions to the Atlantic SARs Pacific Reports Pacific stocks. Recent work shows that included updates of abundance and/or estimates of carcass recovery (0.25, 95 M/SI estimates. New abundance In the Pacific region (waters along the percent confidence interval = estimates are available for the North west coast of the United States, within 0.20¥0.33) for an extremely-coastal Atlantic right whale, Western Atlantic; waters surrounding the main and , Canadian east stock; Northwestern Hawaiian Islands (NWHI), dolphin population suggests that short-beaked common dolphin, WNA and within waters surrounding U.S. observed anthropogenic mortality stock; and common bottlenose dolphin, territories in the Western Pacific), SARs values of in this region derived Sarasota Bay, Little Sarasota Bay. The were revised for 23 stocks under NMFS from strandings should be corrected to following common bottlenose dolphin, jurisdiction (8 ‘‘strategic’’ and 15 ‘‘non- account for unobserved mortality Gulf of Mexico bay, sound, and estuary strategic’’ stocks). All stocks were (Carretta et al., 2016b). Therefore, stocks no longer have usable abundance reviewed and reports for the following within the draft SARs involving and/or PBR estimates because the ‘‘strategic’’ stocks were revised for 2016: dolphins along the U.S. West Coast, survey data on which they are based are Hawaiian monk seal; killer whale, human-related deaths and injuries more than eight years old and no longer Eastern North Pacific Southern counted from beach strandings are considered unreliable (per NMFS Resident; , Main multiplied by a factor of four to account Guidelines for Assessing Marine Hawaiian Islands (MHI) Insular; false for the non-detection of most carcasses. Mammal Stocks): Choctawhatchee Bay; killer whale, Hawaii Pelagic; humpback This correction factor affected the M/SI St. Joseph Bay; St. Vincent Sound, whale, California/Oregon/Washington for the following stocks: harbor Apalachicola Bay, St. George Sound; (CA/OR/WA); fin whale, CA/OR/WA; porpoise, Washington inland waters; Waccasassa Bay, Withalacoochee Bay, , Eastern North Pacific; and Risso’s dolphin, CA/OR/WA; striped Guadalupe fur seal, Mexico to Crystal Bay; St. Joseph Sound, dolphin, CA/OR/WA; short-beaked California. Reports for the following Clearwater Harbor; Tampa Bay; Estero common dolphin, CA/OR/WA; long- Bay; Chokoloskee Bay, Ten Thousand ‘‘non-strategic’’ stocks were revised for beaked common dolphin, CA/OR/WA; Islands, Gullivan Bay; Whitewater Bay; 2016: False killer whale, NWHI; harbor and Florida Keys (Bahia Honda to Key porpoise, Washington inland waters; bottlenose dolphin, California coastal; West). Dall’s porpoise, CA/OR/WA; Pacific and bottlenose dolphin, CA/OR/WA As a result of the humpback whale white-sided dolphin, CA/OR/WA; offshore. ESA listing rule (81 FR 62259; Risso’s dolphin, CA/OR/WA; common Additional stocks with updated September 8, 2016), the Gulf of Maine bottlenose dolphin, California Coastal; abundance and/or M/SI estimates stock of humpback whales is no longer common bottlenose dolphin, CA/OR/ include: Harbor porpoise, Washington considered ESA listed or depleted. In WA Offshore; striped dolphin, CA/OR/ inland waters; Guadalupe fur seal, the previous SAR, the recovery factor WA; short-beaked common dolphin, Mexico to California; Hawaiian monk was 0.1 because this stock was listed as CA/OR/WA; long-beaked common seal; killer whale, Eastern North Pacific an endangered species under the ESA. dolphin, California; Northern right Southern Resident; humpback whale, In the draft 2016 SAR, the recovery whale dolphin, CA/OR/WA; short- CA/OR/WA; sei whale, Eastern North factor was revised to 0.5, the default finned pilot whale, CA/OR/WA; pygmy Pacific; false killer whale, Hawaii value for stocks of unknown status sperm whale, CA/OR/WA; dwarf sperm pelagic; false killer whale, MHI Insular; relative to OSP. Values other than the whale, CA/OR/WA; and minke whale, and false killer whale, NWHI. defaults for any stock should usually CA/OR/WA. Information on the not be used without the approval of the remaining Pacific region stocks can be Dated: October 4, 2016. regional Scientific Review Group, and found in the final 2015 reports (Carretta Donna S. Wieting, scientific justification for the change et al., 2016a). Director, Office of Protected Resources, should be provided in the SAR. As the Several abundance estimates for National Marine Fisheries Service. listing change occurred after the Pacific stocks were changed in the draft [FR Doc. 2016–24404 Filed 10–7–16; 8:45 am] February 2016 SRG Meeting, NMFS has 2016 reports following the application applied the default recovery factor of 0.5 of a new approach for estimating the BILLING CODE 3510–22–P to the draft 2016 SAR. As a result, the g(0) parameter, the probability of PBR increased from 2.7 to 13. Human- detecting an that is directly on

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