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Brunswick, Canada, to the NOAA Peter Corkeron, Northeast Fisheries clarifying changes were incorporated in Howard Marine Sciences Laboratory in Science Center, 508–495–2191, the reports, but they are not included in Highlands, New Jersey, where the [email protected]; or Jim the summary of comments and controlled research will take place. The Carretta, Southwest Fisheries Science responses. In some cases, NMFS’s laboratory tests will be conducted both Center, 858–546–7171, Jim.Carretta@ responses state that comments would be singly and in combination with 10 noaa.gov. considered or incorporated in future revisions of the SARs rather than being temperature regimes and varying levels SUPPLEMENTARY INFORMATION: of dissolved oxygen, representing incorporated into the final 2015 SARs. Background environmental stresses. Surviving Comments on National Issues progeny will be euthanized after tests Section 117 of the MMPA (16 U.S.C. are completed each year. In subsequent Comment 1: The SAR administrative 1361 et seq.) requires NMFS and the process must be improved; it is years of the five-year permit, the Permit U.S. Fish and Wildlife Service (FWS) to Holder will evaluate the toxic effects confusing, inefficient, and produces prepare SARs for each stock of marine final SARs that are not based upon the and sensitivities of shortnose sturgeon mammals occurring in waters under the to other contaminants. best available scientific information. jurisdiction of the United States. These Because of the inefficient process used Issuance of this permit, as required by reports contain information regarding the ESA, was based on a finding that to produce SARs, the draft SARs fail to the distribution and abundance of the rely upon the best available data (i.e., such permit (1) was applied for in good stock, population growth rates and faith, (2) will not operate to the the most current data that it is trends, the stock’s Potential Biological practicable to use), contrary to the disadvantage of such endangered or Removal (PBR) level, estimates of threatened species, and (3) is consistent MMPA. For example, the draft 2015 annual human-caused mortality and SAR only reports data collected through with the purposes and policies set forth serious injury from all sources, in section 2 of the ESA. the year 2013, even though 2014 data descriptions of the fisheries with which are readily available. We appreciate that Dated: June 8, 2016. the stock interacts, and the status of the it is not practicable to incorporate into Julia Harrison, stock. Initial reports were completed in SARs the absolute most recently Chief, Permits and Conservation Division, 1995. collected data; nevertheless, there is no Office of Protected Resources, National The MMPA requires NMFS and FWS credible justification to continue the Marine Fisheries Service. to review the SARs at least annually for present two-year delay in the use of [FR Doc. 2016–13969 Filed 6–13–16; 8:45 am] strategic stocks and stocks for which information. BILLING CODE 3510–22–P significant new information is available, Response: The marine mammal SARs and at least once every three years for are based upon the best available non-strategic stocks. NMFS and FWS scientific information, and NMFS DEPARTMENT OF COMMERCE are required to revise a SAR if the status strives to update the SARs with as of the stock has changed or can be more timely data as possible. In order to National Oceanic and Atmospheric accurately determined. NMFS, in develop annual mortality and serious Administration conjunction with the Alaska, Atlantic, injury estimates, we do our best to RIN 0648–XE122 and Pacific Scientific Review Groups ensure all records are accurately (SRGs), reviewed the status of marine accounted for in that year. In some Marine Mammal Stock Assessment mammal stocks as required and revised cases, this is contingent on such things Reports reports in each of the three regions. as bycatch analysis, data entry, and NMFS updated SARs for 2015, and assessment of available data to make AGENCY: National Marine Fisheries the revised reports were made available determinations of severity of injury, Service (NMFS), National Oceanic and for public review and comment for 90 confirmation of species based on Atmospheric Administration (NOAA), days (80 FR 58705, September 20, 2015). morphological and/or molecular Commerce. NMFS received comments on the draft samples collected, etc. Additionally, the ACTION: Notice of availability; response SARs and has revised the reports as SARs incorporate injury determinations to comments. necessary. This notice announces the that have been assessed pursuant to the availability of the final 2015 reports for NMFS 2012 Policy and Procedure for SUMMARY: As required by the Marine the 108 stocks that are currently Distinguishing Serious from Non- Mammal Protection Act (MMPA), NMFS finalized. These reports are available on Serious Injury of Marine Mammals has considered public comments for NMFS’s Web site (see ADDRESSES). (NMFS Policy Directive PD 02–038 and revisions of the 2015 marine mammal NMFS Instruction 02–038–01) which stock assessment reports (SARs). Comments and Responses requires several phases of review by the ADDRESSES: Electronic copies of SARs NMFS received letters containing SRGs. Reporting on incomplete annual are available on the Internet as regional comments on the draft 2015 SARs from mortality and serious injury estimates compilations and individual reports at the Marine Mammal Commission could result in underestimating actual the following address: http:// (Commission); five non-governmental levels. The MMPA requires us to report www.nmfs.noaa.gov/pr/sars/. organizations (The Humane Society of mean annual mortality and serious A list of references cited in this notice the United States (HSUS), Center for injury estimates, and we try to ensure is available at www.regulations.gov Biological Diversity (CBD), Whale and that we are accounting for all available (search for docket NOAA–NMFS–2015– Dolphin Conservation (WDC), Turtle data before we summarize those data. 0108) or upon request. Island Restoration Network (TIRN), and With respect to abundance, in some FOR FURTHER INFORMATION CONTACT: the Hawaii Longline Association cases we provide census rather than Shannon Bettridge, Office of Protected (HLA)); and one individual. Responses abundance estimates and the accounting Resources, 301–427–8402, to substantive comments are below; process to obtain the minimum number [email protected]; Marcia comments on actions not related to the alive requires two years of sightings to Muto, Alaska Fisheries Science Center, SARs are not included below. get a stable count, after which the data 206–526–4026, [email protected]; Comments suggesting editorial or minor are analyzed and entered into the SAR

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in the third year. All animals are not future, we will solicit public review and components and the draft SARs seen every year; waiting two years comment in a separate action. themselves, NMFS considers the SRG assures that greater than 90% of the Comment 4: There is an unacceptably review of the draft SARs to constitute animals still alive will be included in high percentage of stocks with peer review and to meet the the count. As a result of the review and ‘‘undetermined’’ or ‘‘unknown’’ PBR requirements of the OMB Peer Review revision process, data used for these levels. Bulletin and the Information Quality determinations typically lag two years Response: NMFS acknowledges this. Act. NMFS is undertaking an effort to behind the year of the SAR. Currently, the GAMMS direct that for remove references to unpublished Comment 2: Unlike mortality and stocks with abundance data greater than manuscripts and personal serious injury estimates for small eight years old, PBR be considered communications from the SARs, and cetaceans, where extra time may be ‘‘undetermined.’’ See response to aims to fully implement this effort with needed to obtain fishing effort and to Comment 3. the 2016 final SARs. expand observed takes to obtain fleet- Comment 5: With regard to status as Comment 7: The Commission wide estimates, for large cetaceans ‘‘strategic’’ or ‘‘non-strategic,’’ it would recommends that NMFS specify the mortality estimates are direct minimum seem prudent to declare stocks with criteria that it intends to use to assess counts based on discovery of carcasses unknown or undetermined PBRs as the appropriateness of its estimates of and any necropsies are generally ‘‘strategic’’ unless there is clear and carcass recovery and cryptic mortality compelling evidence that there are no completed promptly. There is no need rates, and that it include in its stock fishery interactions (i.e., data exist that to delay reporting by two years as has assessment survey and research plans there are none as opposed to a lack of been common in the SARs. the collection of those data that are data). Such an approach would be Response: Large whale mortality needed to estimate total mortality for all consistent with the overall purposes of reports, like all interactions, go through stocks. The Commission suggests the MMPA. the review and publication process Response: NMFS appreciates this discussion of collaborative outlined in the NMFS 2012 Policy and recommendation. However, such opportunities in conjunction with the Procedure for Distinguishing Serious designations must follow the statutory joint SRG meeting in February 2016. from Non-Serious Injury of Marine definition of ‘‘strategic’’: Human-caused Response: We agree that there is a Mammals. NMFS produces annual mortality exceeds PBR; the best need to better understand and estimate marine mammal serious injury and available science shows the stock is undetected marine mammal mortalities mortality reports, which involves a clear declining and likely to be listed as and serious injuries, and a need to process for review and publication. The threatened under the ESA within the evaluate the use of correction factors for serious injury and mortality data foreseeable future; or that is currently marine mammal mortality estimates. contained in the SARs come from these listed as threatened or endangered The issue of cryptic mortality was reports once they have been fully vetted. under the ESA or is designated as discussed at the February 2016 joint Therefore, the mortality data reported in depleted (MMPA section 3). SRG Meeting. NMFS looks forward to the SARs are subject to the same delay Comment 6: The GAMMS recommend working with the Commission and the outlined in the response to Comment 1. that peer-reviewed literature should be SRGs on this issue. Comment 3: There are grossly a primary source of information. In most Comments on Atlantic Regional Reports outdated estimates of abundance for regions there appears to be great many stocks. The most recently reliance on gray literature (e.g., NMFS Comment 8: In the North Atlantic proposed revision of NMFS’s Guidelines Tech Memos) and on unpublished right whale report, Table 1 documenting for Assessing Marine Mammal Stocks manuscripts (e.g., results of studies mortality appears to lack accounting for (GAMMS) provided recommendations stated to be ‘‘in prep’’) and even several mortalities. For example, a male for addressing aging data by personal communications; this needs to calf that was killed in a vessel strike in precautionarily reducing the Minimum be corrected. By not making such Maine in July 2010 does not appear to Population Estimate (Nmin) annually literature available for review by the have been included. Further, there was (and consequently the PBR), until such public, the public cannot adequately an abandoned calf in the Southeastern time as new abundance data can be comment on whether such literature U.S. in March 2011, and, that same obtained. For stocks with outdated constitutes the best available science. month right whale #1308 was killed by estimates this was often not done. Response: The SARs are to be based a ship strike, thereby orphaning her NMFS’s regional offices should follow on the best available science. The use of newborn calf. At the very least, this the GAMMS in these cases and unpublished reports and data within latter death of a documented right whale downwardly revise the PBRs for these SARs is discouraged. NMFS strives to mother with calf should also assume the stocks. use peer-reviewed data as the basis for young, dependent calf died as well and Response: NMFS recently finalized SARs. NMFS often relies on science that its death added to the total for that year. revisions to the GAMMS (available at has been assessed through the NMFS Response: The right whale calf killed http://www.nmfs.noaa.gov/pr/sars/pdf/ Science Center’s internal expert review in July 2010 is included in Table 1 as gamms2016.pdf). Regarding outdated process and/or has been subjected to a vessel strike mortality and has since abundance estimates, we did not other external expert review to ensure been identified as #3901. We do not finalize the proposed approach that information is not only high quality include abandoned calves if the mother recommended by the GAMMS but is available for management is not known to have been killed or workshop participants. Rather, we will decisions in a timely fashion. NMFS injured by human impact. The be further analyzing this issue, as the may rely on the SRGs to provide abandonment could be the result of poor challenge of outdated abundance independent expert reviews of maternal care. The calf of right whale estimates continues and the problems particular components of new science to #1308 is included in the Table 1 as a resulting from stocks with be incorporated into the SARs to ensure serious injury due to vessel strike ‘‘undetermined’’ PBR persists. Should that these components constitute the according to the NMFS 2012 Policy and we contemplate changes to the best available scientific information. Procedure for Distinguishing Serious guidelines regarding this topic in the Likewise, upon SRG review of these from Non-Serious Injury of Marine

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Mammals (Category L8 = dependent calf observed in 2012 as indicative of a animal’s injuries are healing and its skin of a dead or seriously injured mother). serious injury. condition is comparable to the overall Comment 9: The Commission, HSUS, • Response: The animal’s injuries are population. CBD, and WDC recommend that showing evidence of healing; the health • Whale #3946. This whale was multiple mortalities and/or serious status of this whale is comparable to the affected by two separate entanglement injuries to several North Atlantic right overall health of the non-injured events. In December 2012 she was gear- whales (including #1151, 1311, 2160, population during the time frame in free, but with severe entanglement 2460, 2660, 3111, 3302, [3308], 3692, question. wounds on her peduncle and flukes, • and 3945) should be included in Table The 2007 calf of #2460. This calf and possible additional scars on her 2 of the SAR. was euthanized in January 2009 when it head. She was resighted later carrying Response: The following is a stranded in North Carolina. The spine of lines from a new entanglement and summary statement about each case. this animal was grossly misaligned and showing signs that her condition had Cases were reviewed by NMFS this followed the documentation of deep declined—she appeared thinner and Northeast Fisheries Science Center entanglement marks on the calf at age 8 had developed lesions on her body. (NEFSC) staff and determinations made months. Researchers at the scene When last seen in May 2014 she was by NEFSC staff were later reviewed by speculated that the spine deformity confirmed to be free of gear. Given that experienced staff at all other Fisheries resulted from an entanglement. This these wounds appear to have Science Centers, per the NMFS Policy animal’s death should be prorated as a compromised her health for more than and Procedure for Distinguishing serious injury resulting from two years, a serious injury Serious from Non-Serious Injury of entanglement, much as the agency did determination would be an appropriate Marine Mammals. NMFS staff look for for the serious injury in the table dated and conservative assessment for this evidence of significant health decline 7/18/2009. • individual. post event. We do not currently have a Response: The injury that led to the • Response: The injuries are showing method to address sublethal effects or demise of this calf was acquired in evidence of healing; the health status of more subtle/slow health decline. 2007, so this event is counted as an this whale is comparable to the overall Therefore, none of the recommended entanglement mortality for that year, health of the non-injured population cases were incorporated into Table 2 of which does not fall within the time during the time frame in question. the SAR. frame of this report (2009–2013). • Whale #3692. This whale, • Whale #1151. This whale was seen • Calf of Whale #2660. The table accompanied by a calf, was observed in free of gear and with a calf in the Bay notes that this whale was missing her March 2013 off South Carolina with a of Fundy on 28 August 2009 and was dependent calf at the time of her 2011 fresh propeller injury on her right fluke. resighted soon after with two wraps of sighting when seriously injured and in When she was last sighted in April 2014 line around her rostrum and body. All deplorable physical condition; why is her condition was poor; her fluke had entangling gear was removed on 4 the calf not also counted as a mortality? September 2009. Following • Response: This calf, now #4160, has fallen off, blisters and lesions had disentanglement, she appeared to be been resighted in good health. formed at several points on her body swimming normally and, although she • Whale #3111. This whale is listed and head, and she appeared to be thin. showed signs of compromise typical of in the table as a pro-rated serious injury. Given the decline in her condition females completing their calving and Since the animal was last seen alive following the propeller wound, this case nursing cycle, NMFS determined the should be considered a serious injury. when badly entangled, it seems that this • entanglement had not caused serious should be considered entirely fishery- Response: The animal’s injuries are injury. However, she was still in a related. showing evidence of healing. Its health compromised condition in 2011 and • Response: This whale has been status is comparable to the overall had declined further when seen for the resighted in much improved condition; health of the non-injured population last time in June 2012. The Commission he appears to be gear free, but this is not during the time frame in question. • believes this case warrants a yet confirmed. This event is similar to Whale #2160. This animal was seen conservative redetermination that the #2029’s entanglement. We will continue gear-free in April 2013 with severe scars 2009 entanglement did result in a to prorate his injury as L10 (0.75) until and a large open wound on his tail stock serious injury. he is either confirmed gear free or shows apparently from an entanglement. He • Response: NMFS reviewers signs of significant health decline. also had rake marks, skin lesions, and considered any health changes post- • Whale #3398. This whale was seen poor skin color behind the blowhole, disentanglement to be representative of in July 2012 with extensive suggesting poor condition; he has not normal inter-year fluctuations and entanglement wounds on his peduncle been resighted. Given the severe nature comparable to the overall health of the and fluke insertion and additional scars of his wounds and compromised population during the time frame in on his mouth and left flipper, and condition, this case should be question. possibly around his blowhole. considered a serious injury. • Whale #2460. This whale was last Resightings suggest these wounds • Response: This whale has since seen in May 2012 in compromised appear to have compromised his health been resighted. The injuries are showing health and with severe entanglement- for more than two years, raising the evidence of healing; the health status of related scars and wounds on her possibility of suffering from chronic this whale is comparable to the overall peduncle, additional entanglement scars effects from the 2012 entanglement. The health of the non-injured population on her head, and lesions on her back but Commission believes that the record during the time frame in question. without attached gear. The Commission justifies a conservative determination of • Whale #3302. This individual is not is concerned that the observed serious injury for this individual. listed in the table, but has not been seen entanglement injuries significantly • Response: NMFS reviewers since the last sighting on November 11, compromised her heath and potential determined that this comment pertains 2011 when seriously entangled. This survival, and believes that a to whale #3308 (not #3398 as identified case should be at least a pro-rated conservative injury assessment would in the comment). NMFS agrees that the serious injury. At what point, when no warrant listing the scars and wounds lesions have increased; however, the longer being sighted, will NMFS

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consider it dead and pro-rate the death average annual human-caused M/SI is been recently subjected to unusual as fishery-related? below the PBR; this conclusion had mortality events (UMEs). The lack of • Response: This whale is included in been included in previous reports for usable stock abundance data for so the table as a serious injury due to this stock. There is no new statement in many of the bottlenose dolphin stocks is entanglement, which is given the same the 2015 SAR to describe current M/SI unacceptable and highly risk prone, and score as ‘‘dead.’’ NMFS will not totals relative to PBR. The Commission must be remedied on a priority basis for presume the whale is dead until its recommends that the deleted sentence future SARs. death is confirmed and the animal is be replaced by one stating that the point Response: NMFS acknowledges that removed from the population. The estimate for average annual human- the abundance estimates of many of the initial entanglement date is 4/22/11. caused M/SI does not exceed the stock’s BSE stocks of bottlenose dolphins are • Unk Whale. A right whale hit by a PBR, but it is roughly equal to the PBR outdated. NMFS will collect data in vessel on 12/7/2012 is pro-rated as an and clearly greater than 10 percent of 2016 to update abundance estimates for injury at 0.52. Please explain the basis the PBR. Given the possibility that Galveston Bay, Texas and Timbalier- for this very precise pro-ration. fishery-related M/SI is above PBR, the Terrebonne Bays, Louisiana bottlenose • Response: The basis for the Commission recommends further that dolphin stocks. As resources continue to proration values is explained in the the western North Atlantic short-finned be limited, NMFS has developed a NMFS Procedure for Distinguishing pilot whale stock be categorized as Threat Assessment Priority Scoring Serious from Non-Serious Injury of ‘‘strategic.’’ System for prioritizing research on Marine Mammals (NMFS Instruction Response: We have reinstated the common bottlenose dolphin stocks (see 02–038–01). The vessel strike event sentence indicating the 2009–2013 Phillips and Rosel 2014). described fits two categories: L6b—a mean annual human-caused M/SI does Comment 14: Tracking stock status is vessel less than 65 feet traveling at not exceed PBR, as this is still the case. often confounded by differences in greater than 10 knots (prorated as 0.20 While there is no ‘‘new’’ statement, the survey area or methodology. For serious injury), and L11—confirmed SAR continues to state: ‘‘Total U.S. example, the best estimate for the laceration of unknown depth, includes fishery-related mortality and serious Southern North Carolina Estuarine observation of blood in water (prorated injury attributed to short-finned pilot System stock of bottlenose dolphins as 0.52 serious injury). When more than whales exceeds 10% of the calculated declined from 1,614 in the 2012 SAR to one criteria applies to an event, we PBR.’’ Following the GAMMS, PBR 188 in the 2013 SAR, which was the apply the greater value. calculations already include a result of using a 2006 mark-recapture • Whale #1311. This animal was precautionary approach that accounts survey in the 2013 SAR whereas the found dead on 8/11/2013. Video taken for uncertainty, and we have compared 2012 SAR used an aerial line-transect at the time shows the whale floating the five-year mean annual M/SI to PBR. study. The abundance is now with line entering its mouth and Designating stocks that fluctuate around considered ‘‘unknown’’ because all of associated wrapping wounds around its PBR from year to year as strategic is a the surveys on which estimates were head. It was last seen alive in April 2013 larger issue that we plan to raise with made are now more than eight years old. with no signs of entanglement. the Scientific Review Groups. The agency must take a more careful • Response: The carcass of this whale Comment 12: Most stocks of cetaceans look at its survey intervals and design was not necropsied; thus, it does not in the Gulf of Mexico are either known to assure comparability in range, currently meet the criteria for or likely to have been adversely affected seasons, effort, methodology, and other determining human interaction by the 2010 Deepwater Horizon (DWH) factors that are compounding the ability mortalities. Without a necropsy, we oil spill. Following the spill, data were to more precisely define population could not determine if the cause of collected on many of these stocks as estimates and to provide trend data, as death was due to entanglement or part of the Natural Resource Damage required by the MMPA. possible vessel strike. Assessment (NRDA) process, but those Response: NMFS has standardized its Comment 10: The Commission is data are not yet available to be used in survey methodology for large-scale concerned that the long-finned pilot stock assessments. The Commission aerial and ship surveys within the whale SAR does not sufficiently explain recommends that NMFS make every Atlantic, and following the 2016 ship the extent to which abundance may be effort to publish and release all survey surveys, we should be able to begin underestimated. The Commission and related data it has on Gulf of analyzing trends. Large-scale surveys recommends that NMFS consider Mexico cetacean stocks as soon as the within the Gulf of Mexico are also whether further analysis of past surveys NRDA process is complete, and, where standardized, and with additional data could clarify: (1) The proportions of the appropriate, conduct new surveys to collection, trend analysis should be long-finned pilot whale stock using enable assessments of the extent to possible. NMFS convened a workshop waters near the Gulf Stream off the U.S. which abundances of the Gulf of Mexico and prepared a technical memorandum northeast coast and Canada, and (2) the cetacean stocks have changed in recent to create a ‘‘standard’’ approach to extent to which the new population years. photo-ID capture-mark-recapture estimate is negatively biased and the Response: The DWH litigation is techniques for estimating abundance of new PBR is set too low. recently completed; as NRDA data bay, sound, and estuary populations of Response: NMFS recognizes that the become available, we will continue to bottlenose dolphins along the East Coast current abundance estimate is likely publish and incorporate these data into and Gulf of Mexico (Rosel et al. 2011). biased low. Therefore, we are the SARs as appropriate. While progress is being made, at present conducting additional analyses to Comment 13: In some cases (e.g., resource constraints limit the NMFS develop more appropriate abundance Jacksonville estuarine stock, many of Southeast Fisheries Science Center’s estimates for both long- and short- the Bay, Sound, and Estuary (BSE) (SEFSC) ability to analyze trends for the finned pilot whales. stocks of bottlenose dolphins in the Gulf stocks for which there are data. Because Comment 11: The Status of Stock of Mexico) the most recent estimates of the SEFSC marine mammal data section of the short-finned pilot whale— abundance are around 20 years old. collection program is generally Western North Atlantic Stock Many of these same stocks with supported through collaborations with assessment report did not state that the outdated abundance estimates have other Federal agencies, research

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priorities (including areas surveyed) are endangered species or threatened the draft SAR cites the high proportion balanced between the data needs of species under the ESA; the second of juveniles in the population as of NMFS and our external partners. highest priority shall be for commercial publications dated 1998 and 2001 Comment 15: NMFS should prioritize fisheries that have incidental mortality (Hamilton et al. 1998, Best et al. 2001). observer coverage for fisheries that have and serious injury of marine mammals While this may still be true, is there no self-reported takes but where observer from strategic stocks; and the third more current information? coverage is either entirely lacking, highest priority for allocation shall be Response: This SAR has been occurring intermittently, or at such low for commercial fisheries that have amended to include the ‘‘production/ levels that updated and reliable incidental mortality or serious injury of Nmin,’’ which is a better description of estimates of fishery-related mortality are marine mammals from stocks for which average productivity than calving not possible. Stock assessments cannot the level of incidental mortality and interval. As a point of clarification, the meaningfully report the statutorily serious injury is uncertain. NMFS uses draft SAR states on page 7: ‘‘An analysis required information on status and this guidance when allocating funding of the age structure of this population threats to marine mammals until and to observe fisheries with little or no suggests that it contains a smaller unless observer coverage is increased in current observer coverage. For example, proportion of juvenile whales than fisheries with self-reported mortalities, in 2012 and 2013, NMFS observed the expected (Hamilton et al. 1998; Best et evidence of strandings occurring at Southeast Alaska drift gillnet fishery, al. 2001), which may reflect lowered elevated rates that coincide with the which had not been previously observed recruitment and/or high juvenile greatest effort by the fishery, or where but was potentially interacting with mortality.’’ observer coverage has documented takes ESA-listed humpback whales and a Comment 18: The North Atlantic right that may or may not have been strategic stock of harbor porpoise (i.e., whale report’s Background section incorporated in the SARs. the highest and second highest priorties acknowledges the large number of right Response: NMFS’ observer programs for observer coverage noted in the whale carcasses documented but not fulfill a wide range of requirements MMPA). necropsied to determine likely cause of under MMPA, ESA, and the Magnuson- Comment 16: In the North Atlantic death. We believe NMFS must Stevens Fishery Conservation and right whale report’s section on undertake an effort through modelling Management Act (MSA). Observer Population Size, the phrase ‘‘known to to apportion mortalities among programs serve a wide range of purposes be alive’’ should be changed to categories such as unknown, vessel under these three statutes, including, ‘‘presumed to be alive,’’ which is the strike, or entanglement based on historic but not limited to: wording used by the author of the 2011 proportions of deaths from necropsied • Providing information on Right Whale Report Cards from which animals. It should be possible to assign commercial catches to inform fishery this number was taken. At the end of a proportional cause of death to the stock assessments and management this section, the sentence: ‘‘For example, number of carcasses that were not (e.g., setting of annual catch limits). the minimum number alive for 2002 retrieved/necropsied. Our records show • Accounting for total catches in was calculated to be 313 from a 15 June that at least seven carcasses were not some fisheries, and discards in other 2006 data set and revised to 325 using retrieved between 2009–2013. fisheries, to support the monitoring of the 30 May 2007 data set’’ has been in Response: We agree that this work fishery-, vessel-, or sector-specific this SAR since 2008 and seems stale. would be valuable. In the future we catches of managed species. Response: This number is not taken intend to use a statistically-based • Monitoring fishery-related mortality from the Report Card; the Nmin value estimate of fishing mortality. It is more and serious injury of marine mammals. for right whales reported within the complex than assigning a simple • Monitoring incidental take limits of SAR includes only animals known to be proportion to discovered carcasses, and species that are listed under the ESA. alive because they were either seen we will use mark recapture data to • Collecting biological samples (e.g., during the reference year or seen both attribute causation to latent mortality as otoliths, gonads, size data, genetic data before and after the reference year. well as attribute mortality causes to for species identification purposes) to (Hence, there is no presumption of life.) discovered carcasses unable to receive a support stock assessment processes. The count of animals known to be alive proper necropsy. • Supporting innovative bycatch is updated every year. Animals not seen Comment 19: The North Atlantic right reduction and avoidance programs. for three or more years may be added whale report’s Fishery-Related Serious • Helping to promote the safety of back if they are shown to be alive in a Injury and Mortality section cites Van human life at sea. subsequent year. The example given der Hoop et al. (2012) as indicating that Each NMFS region administers an regarding the 2006 versus 2007 data take reduction measures may not be observer program to address makes this point. working adequately to reduce mortality programmatic mandates under the Comment 17: In the ‘‘Current and from entanglements and additional MMPA, ESA, and MSA. The data Maximum Net Productivity Rates’’ measures need to be taken. A more collected by these observer programs section of the North Atlantic right whale recent publication by NMFSs authors support the management and report, the information in the third reaching the same conclusion (Pace et conservation of fisheries, protected paragraph is outdated regarding calving al. 2014) should also be included. resources, and marine ecosystems rates through 1992. More recent data on Response: The Pace et al. (2014) throughout the United States’ exclusive intervals are available from the right reference was added to the SAR. economic zone. Given the wide array of whale catalog, and are presented Comment 20: In the Gulf of Maine needs and limited resources, NMFS annually at right whale consortium humpback whale SAR, NMFS relies on prioritizes observer coverage based on a meetings. For example, since the paper maps and other information based number of factors. MMPA section cited in the draft SAR for that almost solely on shipboards surveys. 118(d)(4) specifies that the highest information (Knowlton et al. 1994), NMFS should reconsider this approach priority for allocation shall be for there are data indicating the calving and, as it does with North Atlantic right commercial fisheries that have interval improved, but in more recent whales, also rely on catalog data to incidental mortality or serious injury of years has returned to lengthy or even glean information on distribution and marine mammals from stocks listed as increasing intervals. Later in the section similar vital characterizations of the

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population. In addition, NMFS is NMFS also omits consideration that the gillnet. While even these data are now relying on outdated information about Robbins (2007) study also supports low a decade old, they at least reference gear stock structure and use of winter reproductive rates in the species, not types involved in humpback habitats in the Caribbean, as Stevick and solely low calf survival. This should be entanglements in U.S. waters, not just in colleagues (2015) have provided more included so as not to leave readers with Canada. recent insight from genetic and other the idea that the only data available are Response: It was an oversight that the data that indicate that more than one outside confidence intervals. Johnson et al. (2005) paper was not stock appears to be using the eastern Response: The population of included in the draft SAR; it has been Caribbean. NMFS also cites Barco et al. humpback whales surveyed through the included in the final SAR. However, one (2002) that suggests that the mid- MONAH study comprises more than the should be skeptical of estimating gear- Atlantic may represent a supplemental humpback whales that feed in the Gulf specific entanglement rates based on a winter feeding area for humpback of Maine, therefore it is not appropriate very small sample size and when one whales. There is photographic evidence to use the MONAH abundance estimate would suspect different levels of of their increasing presence and winter for the abundance estimate for the Gulf detectability among gear types doing use of the waters between New York of Maine stock. We modified the SAR harm. In stock assessments for which and Delaware Bay in spring, summer, language with regard to confidence there is not a statistical model for and fall, some of which shows site intervals and noted that Robbins (2007) estimating fisheries interactions, NMFS fidelity within and between seasons, found reproductive rates to be highly has consistently maintained the policy with at least one quarter of the variable. that without unambiguous evidence that photographically identified animals in a Comment 22: The Gulf of Maine a stranding was due to human database matched to the Gulf of Maine humpback whale SAR’s statement that interaction, such strandings will not be stock. This information should be the apparent calf survival rate is 0.664 attributed to a human cause. considered in updating the SAR. The as an ‘‘intermediate’’ value between two Comment 24: In the Gulf of Maine Virginia Marine Science Museum has studies appears incorrect. In fact, it humpback whale SAR, the following also documented sightings and appears ‘‘low’’ as compared to other cases of dead or seriously injured responded to stranded animals in areas and not just ‘‘intermediate,’’ as the humpbacks are missing and should be significant numbers in the Chesapeake recent status review itself stated that added to Table 2: Bay region since this 2002 citation. this value ‘‘is low compared to other • Laist et al. (2014) note a dead Response: The SAR’s map is areas and annually variable.’’ humpback whale that was attributed to consistent with maps in other SARs in Response: As stated above (see a vessel strike on 7/27/2009 inside the which the abundance estimate is response to Comment 20), the West NY seasonal management area. derived from a line-transect survey Indies population unit has been • Response: This carcass was battered (including both aerial and shipboard proposed by NMFS as a DPS as a result against a jetty. A necropsy revealed effort). The humpback whale SAR uses of the ESA global status review of broken bones, but the animal was so the best estimate available and has humpback whales. This proposed DPS severely decomposed it could not be frequently used line-transect surveys in is not directly relevant to the MMPA determined if the fractures were pre- or the past; the estimates derived from the Gulf of Maine stock. Metapopulation post-mortem. 2008 and 2011 surveys are reported in segments commonly have (or are • On 6/3/2011 a humpback whale on the SAR. usually expected to have) different Jeffreys Ledge was disentangled but The Gulf of Maine stock of humpback demographic patterns if those noted to be ‘‘quite thin and body whales is somewhere on the order of populations are not growing; thus it posture was hunched,’’ according to 20% of a larger breeding population, would be common for different record notes on the NMFS and Center and constitutes a cluster of feeding segments to have differing mortality for Coastal Studies Large Whale aggregations that shows some site rates and subsequent productivity rates. Disentanglement Network Web site. fidelity to the Gulf of Maine. Although Hence, we cannot presume that This animal was noted to be the 2009 a single Gulf of Maine animal was killed integrated population statistics reflect calf of the humpback whale known as in the Bequia indigenous hunt (within that of individual segments. We ‘‘Lavalier’’ and has apparently not been the eastern Caribbean), overwhelming removed the word ‘‘intermediate.’’ seen since that incident. evidence exists to show the Gulf of Comment 23: The Gulf of Maine • Response: This animal has been Maine stock uses the western Caribbean humpback whale SAR underestimates named ‘‘Flyball’’ and has been resighted as a breeding ground along with four to the level of mortality for this stock; in good health. five other feeding aggregations. The bulk more recent literature is available and • On 3/11/2012, this same Web site of the animals within the eastern should be used. Reference is made to noted that a humpback whale had Caribbean show no site fidelity to the the likelihood that undocumented become entangled in gillnet gear off Gulf of Maine. The other facts cited entanglements are occurring. We note Cape Hatteras, North Carolina and broke within the comment are mostly that Van der Hoop et al. (2013) found free with ‘‘some amount of top line and anecdotal and have not been adjusted that between 1970–2009, cause of death webbing anchored somewhere at the for search effort. was not undetermined for nearly 60 forward end of the whale.’’ This should Comment 21: In the Gulf of Maine percent of humpback whale carcasses in be considered for pro-rating as a serious humpback whale SAR, NMFS omits the Northwest Atlantic due to injury. new information that was recently decomposition, an inaccessible carcass, • Response: This event was observed considered in its global status review on or where no necropsy data were by a trained Northeast Fisheries humpback whales. The Population Size provided to indicate cause of death. Observer Program observer. The whale section does not provide data from Similar results were found by Laist et al. was released with a small section of MONAH (the international study titled (2014). Volgenau (1995) is cited for the netting draped over a fluke edge (which ‘‘More North Atlantic Humpbacks’’) source of entanglements through 1992. corresponds to large whale injury surveys, although these were cited in Johnson et al. (2005) found 40 percent category L3 in the NMFS Procedure for the recent NMFS global status review of humpback whale entanglements were Distinguishing Serious from Non- for the species (Bettridge et al. 2015). in trap/pot gear and 50 percent were in Serious Injury of Marine Mammals,

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NMFS Instruction 02–038–01) that it stipulated in its recovery plan for a analysis reflecting that a notable was likely to shed. sustained growth rate. Given the failure percentage of seals in the Gulf of Maine • The Web site notes a humpback to achieve its recovery plan goals for haulouts are seen entangled in fishery- whale disentangled but apparently minimum population and sustained related gear that may result in serious seriously injured on 4/12/2012. The site growth rate, and the annual losses due injury. states ‘‘the overall condition of the to entanglement and vessel strikes that Response: The gray seal SAR whale (∼30 feet long) seemed poor, far exceed the stock’s PBR, it seems currently contains the language, indicating that it had been entangled clear that the stock is below OSP, rather ‘‘analysis of bycatch rates from fisheries significantly longer than the few days than the NMFS assertion that they observer program records likely greatly since first report. Line across the back ‘‘may’’ be below OSP. under-represents sub-lethal fishery had become ingrown and line around Response: This comment blurs interactions. Photographic analysis of the flukes had left numerous scars, some statements about two proposed DPSs gray seals at haulout sites on Cape Cod, of which were resolving while others under the ESA (West Indies and Cape Massachusetts revealed 5–8% of seals were not. The whale was quite thin and, Verde Islands/Northwest Africa) with exhibited signs of entanglement (Sette et in aerial shots, the widest girth of the those about the Gulf of Maine MMPA al. 2009).’’ Both harbor and gray seal whale was at the skull. There were stock, which is a small segment within SARs now emphasize the fact that patches of whale lice scattered across its one of these proposed DPSs. With entanglement is an issue with both body.’’ This appears to fit within the regard to the phrase ‘‘may be below species, though we have found it less definition of a serious injury and . . .,’’ scientists nearly always include a prevalent in harbor seals. should, at the very least, be pro-rated as caveat for uncertainty in any Comment 28: Regarding the Gulf of such. declaration. We cannot make a Mexico Bryde’s whale, we are • Response: This humpback whale conclusive statement with respect to concerned about the level of ship has an entanglement date of 4/7/2012; it whether a stock is within the OSP range strikes, which are estimated to be 0.2 was entangled for fewer than five days without having conducted an OSP per year, well above the PBR of 0.03. It and the Center for Coastal Studies Web analysis. A population at carrying also concerns us that two of the site also states that ‘‘the condition of the capacity, when harvested above its stranded animals are considered to be a whale seems somewhat poor (thin with current level of productivity (which is part of the unusual mortality event patches of whale lice) but it is not clear quite low for mammals) will show a (UME) resulting from the Deepwater if this is part of a seasonal effect or decline (until productivity increases). A Horizon oil spill, which has continued related to its entanglement.’’ This whale population at OSP will show an to affect bottlenose dolphins and may be was entangled again on 4/13/2012 and increase if harvested (killed) at per having effects on this stock. Given the again disentangled. capita rates lower than productivity need to include the most recent • On 1/6/2013, a humpback whale (until productivity declines due to information, NMFS should include a was noted off Virginia Beach with resource scarcity). Theoretically, a note that in April 2015, NMFS made a significant line wrapped around its population of humpback whales could positive 90-day finding on a petition to flukes and it was not able to be be at OSP in perpetuity while human- list this population as ‘‘endangered’’ disentangled. This should be considered caused mortality removed all the excess; under the Endangered Species Act. a serious injury. thus, the trend in abundance would be Response: To clarify, the April 2015 • Response: The entanglement flat, but it remains at OSP. finding was that the petition presented configuration shifted, indicating it was Comment 26: For the Western North substantial scientific or commercial not constricting. The final configuration Atlantic stock of long-finnned pilot information indicating that the is a non-constricting loop at the fluke whale, it is our understanding that a petitioned action may be warranted. insertion which meets our L3 criterion survey will be conducted in the summer Accordingly, NMFS initiated a review of (NMFS Procedure for Distinguishing of 2016 that may provide better data of the status of this species to determine if Serious from Non-Serious Injury of abundance, given the discrepancy the petitioned action is warranted. Marine Mammals, NMFS Instruction between the more recent survey and an NMFS had added text to the SAR noting 02–038–01) and is therefore considered outdated earlier survey—each of which the positive 90-day finding on the a non-serious injury. covered a different extent of the range. petition (80 FR 18343, April 6, 2015) Comment 25: In the Gulf of Maine, Until that time, given margins of error, and our ongoing status review. humpback whale SAR information has fishery-related mortality appears to be at Comment 29: Mortality for the Gulf of been omitted from the Status of Stock or possibly over the PBR. We are Mexico eastern coastal stock of common section. This section cites the recent hopeful that NMFS will resolve the bottlenose dolphins cannot be NMFS global status review, which discrepancies in methodology and/or quantified because fisheries known to included evaluation of the status of this areas surveyed to resolve widely interact with the stock (including a wide stock. The status review states ‘‘There discrepant estimates such as this one. variety of Category II and III fisheries) are insufficient data to reliably Response: NMFS agrees; the 2016 are not subject to observer coverage and/ determine current population trends for survey, as well as the abundance or the dataset from the observer program humpback whales in the North Atlantic analyses underway on surveys through is out of sync with the five-year overall.’’ Rather than acknowledging 2014, should provide improved analytical time period used in this SAR. this in the draft SAR, NMFS retains the abundance estimates for long-finned NMFS must either reconsider its assertion that ‘‘[a]lthough recent pilot whales within this area. observer coverage levels and placement estimates of abundance indicate a stable Comment 27: NMFS should include in order to provide timely data for the or growing humpback whale within the Western North Atlantic SARs or it must re-prioritize analysis so population, the stock may be below OSP harbor and gray seal SARs a brief that take data and mortality estimates [Optimum Sustainable Population] in mention of high levels of animals can be incorporated in a timely manner. the U.S. Atlantic EEZ’’ (emphasis observed entangled in fishing-related Response: NMFS agrees that observer added). Indeed, the status review found debris, largely from actively fished gear. coverage and the resulting M/SI data that the population trend was likely flat The final SARs for both of these species collected through observer programs is and the population had not met goals should contain some language and essential to assessing marine mammal

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stocks. Category II fisheries are subject Category I fishery and result in higher degree of confidence under a scenario of to observer coverage pursuant to the priority for observer coverage. We continued decline in observed requirements for Category I and II recommend that NMFS re-evaluate interactions. At that time, it was fisheries in 50 CFR 229.4. Given limited observer placement and assure that the considered an appropriate timeframe for funding, NMFS cannot realistically level of coverage is sufficient to updating observed bycatch mortality for observe all fisheries that may pose a risk accurately document and assess fishery the Atlantic stocks given the very low to marine mammals. Anticipating this, impacts. frequency and inter-annual variability of the MMPA provides guidance for Response: The information was not observed takes (average is less than one prioritizing observer coverage with the discarded and is still provided in the observed take per year). Although first priority being commercial fisheries SAR (i.e., the 2007–2011 mortality several of the factors that led to this that kill or seriously injure ESA-listed estimate of 21 for the commercial decision in 2008 still exist today (i.e., marine mammals, the second priority shrimp trawl fishery). Currently, there is mean observed takes less than one per being strategic stocks, and the third only one shrimp trawl bycatch estimate year, status quo levels of observer priority being those stocks for which and it is for 2007–2011. The estimate coverage, and large number of strata due M/SI incidental to commercial fishing is does not fit in the standard five-year to complexity of stock identification), it uncertain. NMFS continues to work time frame that is reported in this SAR became apparent during the 2013 internally to prioritize funding for (i.e., 2009–2013). The 2007–2011 Bottlenose Dolphin Take Reduction observing fisheries across the U.S. given estimate was not included in the Team meeting that the Northern North multiple mandates and requirements. minimum total mean annual human- Carolina Estuarine System stock In the 2015 SARs, NMFS provided caused mortality and serious injury for mortality and serious injury estimate is marine mammal bycatch from the the stock during 2009–2013 (0.4). likely exceeding its PBR. As a result, shrimp trawl fishery, which had not Additionally, with so many unobserved NMFS plans to re-evaluate the schedule been estimated previously. The first fisheries (menhaden, crab traps, hook and methods for updating future bycatch estimate covered 2007–2011 and line, gillnet), any mortality estimate observed mortality rates and estimates because those were the data available at is likely an underestimate. The PBR of for Atlantic stocks observed interacting the time analysis began. The GAMMS the stock is 60 but the true fishery- with mid-Atlantic coastal gillnet suggest: ‘‘If mortality and serious injury related mortality and serious injury for fisheries. estimates are available for more than 2009–2013 is not known. However, it is one year, a decision will have to be clearly stated in the SAR that the Comments on Pacific Regional Reports made about how many years of data mortality estimate is, at a minimum, Comment 32: Very few Pacific stocks should be used to estimate annual greater than 10% of the PBR. This is the (only four stocks of cetaceans and two mortality. There is an obvious trade-off only definitive statement NMFS can stocks) were updated in the draft 2015 between using the most relevant make given current information. NMFS SARs. NMFS states ‘‘. . . all others will information (the most recent data) agrees that it is possible that the fishery- be reprinted as they appear in the 2014 versus using more information (pooling related mortality and serious injury Pacific Region Stock Assessment across a number of years) to increase could be as much as 50% of PBR. Reports (Carretta et al. 2015).’’ If these precision and reduce small-sample bias. However, given limited fishery observer stocks were reviewed and NMFS It is not appropriate to state specific resources, there are a number of factors determined no update was warranted, guidance directing which years of data that affect observer coverage NMFS should provide reviewers and should be used, because the case- prioritization. See response to Comment other members of the public with specific choice depends upon the 29. information that NMFS has, in fact, quality and quantity of data. Comment 31: For the Northern North complied with MMPA mandates for Accordingly, mortality estimates could Carolina Estuarine stock of bottlenose reviewing and/or revising stock be averaged over as many years as dolphins, data and text regarding the assessments for strategic stocks and not necessary to achieve statistically mid-Atlantic coastal gillnet fishery in simply neglected to review them. unbiased estimation with a coefficient Table 2 of the draft SAR only go through of variation (CV) of less than or equal to 2011, although this SAR should have Response: NMFS reviews all SARs 0.3. Generally, estimates include the data at least through 2013. A footnote in annually for potential revision. New most recent five years for which data Table 3 of the draft SAR states that data on human-caused mortality and have been analyzed, as this accounts for ‘‘[m]ortality analyses that use observer serious injury are published annually, inter-annual variability. However, data are updated every three years. The even if they do not appear in revised information more than five years old next update is scheduled for 2015 and SARs. Reports may not necessarily be can be used if it is the most appropriate will include mortality estimates for revised every year for strategic stocks, information available in a particular years 2012–2014.’’ It is not clear why a unless new information will result in a case’’ (NMFS 2016). NMFS is currently mortality estimate is only provided status change for that stock or species. evaluating the appropriate time interval every three years when it can be done Comment 33: NMFS’s draft SARs to produce estimates for this fishery and annually for other stocks. largely address information only will update the SARs accordingly. Response: The observed mortality through 2013 and contain no updates of Comment 30: Similar to the Eastern data for the mid-Atlantic coastal gillnet large baleen whale stocks within this Gulf of Mexico stock, data on Northern fishery was updated through 2011 iteration of the draft SARs. More recent Gulf of Mexico bottlenose dolphin takes because it is only updated every three data on increasing numbers of large in the shrimp trawl fishery were years for Atlantic coastal bottlenose whale mortalities from ship strikes and discarded due to a dyssynchrony in the dolphin stocks. The decision to update entanglements should be considered in analytical period with the five-year the gillnet mortality estimates every the draft SARs. Additionally, when average in the SAR. Given the low level three years was reviewed by the Atlantic animals involved in these interactions of observer coverage and the CV, it is Scientific Research Group in 2008 after cannot be identified to species, pro- possible that this stock is being taken at the NEFSC provided a presentation rating to species seems warranted to a level that is around 50 percent of PBR, showing the challenges associated with better understand and quantify which would make this fishery a estimating annual mortality with any anthropogenic impacts on stocks that

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may be ESA-listed. We encourage NMFS generally support the method of pro- information on observed takes only for to undertake this effort. rating takes to one or the other stock in context on our decision to retain the Response: NMFS is working on the overlap zone, as we do the five-year look-back in the computation methods to prorate human-caused apportioning of observed takes of of M/SI for comparison to PBR. NMFS injury and mortality of unidentified ‘‘blackfish’’ as either false killer whales is evaluating the effectiveness of the whale cases to species along the U.S. or short-finned pilot whales. False Killer Whale Take Reduction Plan west coast. These proration methods Response: NMFS will continue to (FKWTRP) in accordance with the will be applied to respective SARs prorate takes of false killer whales monitoring strategy that was developed following peer review and publication. among potentially affected stocks and in consultation with the False Killer Comment 34: While we understand takes of blackfish to species when stock Whale Take Reduction Team. that California sea lions are not or species-identity of the take is Comment 40: The reports of M/SI for considered a strategic stock, there has unknown. the California stock of northern fur seal been elevated mortality in this species Comment 38: The draft SAR indicates (Table 1) have an apparent as part of an on-going UME. This UME a decline in population of the Main inconsistency that is unexplained. Table was mentioned in the 2014 SAR Hawaiian Islands (MHI) Insular stock of 1 in the prior SAR provided information (updated as of June 2015), although the false killer whales from 138 to 92 since on observed mortality for the years pup counts are no more recent than the last report. However, the discussion 2007–2011. The observed mortality and 2011 and thus do not reflect possible in the section of the draft SAR still cites serious injury for 2011 is said to be 1. impacts on productivity and population only literature from 2010 that However, in Table 1 in the current draft trends. Population data and updates on documented apparent declines from SAR, the observed fishery-related the impact of the UME must be included 1989–2007, and provided the results of mortality and serious injury listed for in the next iteration of SARs for 2016, a Population Viability Analysis that 2011 (providing data for 2009–2013), since the ongoing UME and high levels calculated an average rate of decline of lists observed mortality for the year of pup mortality constitute ‘‘significant nine percent per year. This change in 2011 as 2. Revised text explaining the new information’’ triggering the the abundance estimate for this stock table states that ‘‘[t]wo of the fishery- MMPA’s requirement to conduct a stock since the last SAR estimate is a far related deaths (one in an unidentified assessment. greater decline than predicted. The final fishing net in February 2009 and one in Response: NMFS did not revise the SAR should contain some discussion of trawl gear in April 2011) were also SAR for California sea lions in 2015. this apparent decline or provide a assigned to the Eastern Pacific stock of The 2014 SAR addressed the UME, but stronger caveat for why this estimate northern fur seals.’’ However, this does this did not result in a change in the may not be reliable. not make it clear why the 2009 mortality stock’s status under the MMPA. Response: The apparent decline from remained unchanged but the 2011 Comment 35: Population data are 138 to 92 noted by the commenter is in mortality increased. provided for the Southern Resident the minimum abundance (Nmin), not Response: Data on human-caused M/ stock of killer whales through 2014; the total population abundance. Nmin SI is derived from many sources, NMFS should use more recent data in declined for MHI insular false killer including stranding networks, stock assessments for other species/ whales in the 2015 SAR. Nmin for MHI rehabilitation centers, independent stocks wherever possible. insular false killer whales is determined researchers, and observer programs. Response: NMFS utilizes the most based on the number of distinctive Occasionally, additional human-caused recent population data available at the individuals seen between 2011 and mortality and serious injury records are time the draft reports are prepared. In 2014 and is not corrected for the level incorporated into subsequent reports as the case of the draft 2015 Southern of effort or other factors that might have databases are reviewed or cases are Resident killer whale report, population resulted in a lower total count for that reassessed. In this case, the change size data from 2014 is utilized, because period. Analysis of MHI insular false regarding the serious injury record was it was available at the time the draft killer whale abundance and trend is made and reflected in the draft 2015 report was prepared. This is not the case ongoing and will be presented in a SAR but had no effect on the strategic for all stocks in all years, where direct future SAR. status of the stock. enumeration of the stock’s size is less Comment 39: With regard to the Comment 41: The assumed net straightforward. pelagic stock of false killer whales, the productivity of the California/Oregon/ Comment 36: Given the status of PBR remains approximately the same as Washington stock of sperm whales insular false killer whales, we strongly the prior SAR estimate; however, this inappropriately ignores at least five encourage NMFS to prioritize observers draft SAR notes that 2014 takes peer-reviewed estimates of sperm whale on fisheries such as the short line and subsequent to the time period covered growth rates, all of which fall in the kaka line fisheries in which there is in the SAR (2009–2013) were ‘‘the range of 0.6% to 0.96% per year. Also, either anecdotal report of evidence of highest recorded since 2003’’ although the conclusion that this stock is stable injury consistent with fishery overall bycatch estimates were not or increasing has no solid evidentiary interaction as is mentioned in the SAR. available as of the time the SAR was support. The Moore and Barlow (2014) Response: Given resource and other drafted. Even without inclusion of population estimate for the stock does constraints, NMFS does not currently 2014’s excessive mortality and serious not achieve the SAR’s stated goal of have plans to observe state-managed injury, the takes for this stock are improving the precision of population fisheries in Hawaii, but will continue to acknowledged to exceed the PBR for the estimates. Estimates of fishery related work with the Hawaii Department of period 2009–2013 although NMFS states mortality of the stock from derelict gear Land and Natural Resources as available that additional monitoring is required calculated from strandings appear to be resources allow to improve data before concluding that the take ten to twenty times too low, once collection in these fisheries. reduction plan for the stock had failed unobserved mortality and recovery rates Comment 37: The draft SAR discusses to meet statutory mandates. are corrected for. overlap in distribution of insular and Response: NMFS has not yet Response: NMFS did not revise the pelagic stocks of false killer whales and completed mortality and serious injury sperm whale SAR in 2015 and takes within the overlap zone. We estimates for 2014 and provides the responded to similar comments on the

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2014 sperm whale SAR in the Federal same time that the supposedly as the abundance where there is ‘‘the Register on August 20, 2015 (80 FR unsustainable M/SI rate was occurring. greatest net annual increment in 50599; see response to Comment 21). HLA disagrees with the M/SI levels population numbers or biomass Comment 42: The Moore and Barlow reported in the draft SAR and with resulting from additions to the (2014) analysis of the California/ NMFS’ conclusion that the vast majority population due to reproduction and/or Oregon/Washington stock of sperm of all fishery interactions with the growth less losses due to natural whales appears to lack the statistical Pelagic Stock cause injuries that ‘‘will mortality.’’ The benchmark does not power to detect trends in the likely result in mortality.’’ If that were consider whether a population is population, which elevates risks to the case, then after a decade or more of declining, as this is very hard to prove, cetaceans. allegedly unsustainable levels of take, particularly for population abundance Response: See response to Comment there would be some evidence of a estimates with low precision. 41. NMFS will consider and address declining Pelagic Stock abundance. No Comment 45: HLA incorporates by this comment when we next review this such evidence exists. The draft SAR reference its more specific comments on SAR in the future. should expressly recognize this the draft 2014 SAR related to the 2010 Comment 43: The HLA encourages discrepancy, and NMFS should revisit Hawaiian Islands Cetacean Ecosystem NMFS to make additional the manner in which it determines and Assessment Survey (HICEAS) and improvements to the draft 2015 false M/SI for false killer whale interactions. the assumptions made by NMFS based killer whale SAR, by eliminating the Response: This comment has been upon the data from that survey. In five-year look-back period for the false addressed previously (see 78 FR 19446, addition, HLA emphasizes its repeated killer whale SAR, and reporting only April 1, 2013, comments 45 and 51; 79 requests that NMFS publicly disclose data generated after the FKWTRP FR 49053, August 18, 2014, comment information regarding the acoustic data regulations became effective. For 26; and 80 FR 50599, August 20, 2015, acquired in the 2010 HICEAS survey. example, the draft 2015 SAR should comment 34). The comment and Substantial acoustic data was acquired report M/SI values based on 2013 and included footnote contend that the stock during that survey, but NMFS still has 2014 data, and the data prior to 2013 abundance has not declined (as opposed not provided any meaningful analysis of should no longer be used because it is to prior year comments that indicated that data or, for example, any basic no longer part of the best available the stock was increasing) in over a indication of how many false killer scientific information. decade and attributes this persistence of whale vocalizations have been Response: The GAMMS (NMFS 2005) false killer whales despite high levels of identified in the acoustic data. The suggest that if there have been fishery mortality to NMFS’ improper acoustic data from the 2010 HICEAS significant changes in fishery operations assessment of the severity of injuries survey contains information directly that are expected to affect take rates, resulting from fisheries interactions, relevant to false killer whale abundance, such as the 2013 implementation of the improper assessment of population and it must be analyzed by NMFS and FKWTRP, the guidelines recommend abundance and trend, or both. reported in the false killer whale SAR, using only the years since regulations Assessment of injury severity under the which must be based on the best were implemented. However, recent NMFS 2012 serious injury policy has available scientific information. studies (Carretta and Moore 2014) have been discussed in numerous previous Response: Analysis of the acoustic demonstrated that estimates from a comment responses and is based on the data is a labor intensive and time- single year of data are biased when take best available science on whether a consuming process, particularly as events are rare, as with false killer cetacean is likely to survive a particular automated methods for detection, whales in the Hawaii-based longline type of injury. Further study of false classification, and localization are still fisheries. Further, although the killer whales would certainly better improving. There were many changes in estimated M/SI of false killer whales inform the assigned outcomes; but, until array hardware during the survey, within the U.S. Economic Exclusion better data becomes available, the further complicating streamlined Zone (EEZ) around Hawaii during 2013 standard established in the NMFS 2012 analyses of these data. Portions of the (4.1) is below the PBR (9.3), this policy on distinguishing serious from data have been analyzed to verify estimate is within the range of past, pre- non-serious injuries will stand. species identification, assess sub-group take reduction plan (TRP) estimates, so Further, assessments of pelagic false spatial arrangements, or other factors. A there is not yet sufficient information to killer whale population trend are full-scale analyses of this dataset for determine whether take rates in the inappropriate, as the entire stock range abundance is likely not appropriate, fishery have decreased as a result of the is unknown, but certainly extends though NMFS is further evaluating this TRP. Further take rates from 2014 are beyond the Hawaii EEZ, such that the in light of planning for upcoming among the highest recorded, suggesting available abundance estimates do not HICEAS surveys. TRP measures may not be effective, and reflect true population size. A robust Comment 46: The draft SAR assigns a the change in fishery operation may not assessment of population trend would recovery factor of 0.5 to the Pelagic be significant enough to warrant require assessment of environmental Stock of false killer whales, which is the abandoning the five-year averaging variables that influence false killer value typically assigned to depleted or period. For these reasons, the strategic whale distribution and the proportion of threatened stocks, or stocks of unknown status for this stock has been evaluated the population represented within the status, with a mortality estimate CV of relative to the most recent five years of survey area during each survey period. 0.3 or less. However, the Pelagic Stock estimated mortality and serious injury. Finally, many years of unsustainable is not depleted or threatened, nor is its Comment 44: For a decade, NMFS has take does not automatically lead to the status unknown. Since NMFS began reported a M/SI rate for the deep-set conclusion that the population is estimating Hawaii false killer whale fishery that far exceeds PBR for the declining. PBR was designed to provide abundance in 2000, as more data have Hawaii pelagic false killer whale stock a benchmark, in the face of uncertainty been obtained, more whales have been (‘‘Pelagic Stock’’). However, the best about marine mammal populations, observed and the population estimates available information suggests that the below which human-caused mortalities have increased from 121 in 2000 (a number of false killer whales in the would not reduce the population recognized underestimate for all false Hawaii EEZ has not declined during the beyond its OSP size, which is defined killer whales in the EEZ) to 268 in 2005,

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484 in 2007, 1,503 in 2013, and 1,540 operations, none of these are made. In addition, NMFS’s new method at present. Similarly, the incidence of documented or reliably reported and for allocating false killer whale fishery interactions with the Pelagic none implicate the Hawaii-based interactions within the EEZ is not Stock has not decreased, nor has the rate longline fisheries, which have been appropriate for interactions that occur of false killer whale depredation of excluded from nearshore fishing with the shallow-set fishery, which has fishing lines decreased (if anything, it grounds for many years. 100% observer coverage. All shallow-set has increased). All of the available data Second, as NMFS recognizes in the fishery interactions should be attributed contradict any hypothesis that false draft 2015 SAR, the range for the Insular based only on the location of the killer whales in the Hawaii EEZ are Stock is, appropriately, much smaller interaction because those interactions decreasing. This status should be than was previously assumed by NMFS. are not extrapolated. accurately reflected with a recovery When this new range is taken into Response: False killer whale bycatch factor that is greater than 0.5 (i.e., closer account, along with the TRP-based year- proration reflects the best available to 1.0 than to 0.5). round closure of the area to the north of information on the species and injury Response: This comment has been the MHI, there is only a very, very small status of cetaceans observed hooked or addressed previously (see 80 FR 50599, area in which longline fishing may entangled in the longline fishery. First, August 20, 2015, comment 36). overlap with the assumed range of the NMFS prorates injuries with a status of Reanalysis of existing datsets to derive Insular Stock. No false killer whale ‘‘cannot be determined’’ (CBD) more precise estimates does not interaction by the deep-set fishery has according to the ratio of known serious consititute an increase in population ever occurred in this area. It is therefore and non-serious injuries. To treat all size. There are two EEZ-wide estimates incorrect, and contrary to the best CBD cases as non-serious would be a of abundance and the current status of available information, to state that the clear under-representation of total M/SI pelagic false killer whales is unknown. deep-set fishery, as currently regulated, within the fishery. This proration is This population may be reduced given is ‘‘interacting with’’ the Insular Stock. supported within the GAMMS, judged fishing pressures within and outside of Response: The commenter is correct by NMFS, and supported by external the EEZ over several decades. The status that using the new MHI insular false peer-review, as the best approach for of Hawaii pelagic false killer whales is killer whale stock range and the appropriately accounting for injuries considered unknown because there are longline exclusion area required under whose injury status cannot be no trend data available to evaluate the FKWTRP, there is little overlap determined based on the information whether the population is increasing, between the MHI insular stock and the provided by the observer. Second, when stable, or declining. The recovery factor longline fishery. However, there are still a species code of ‘‘unidentified for Hawaii pelagic false killer whales small areas of overlap and fishing effort blackfish’’ has been assigned to an will remain 0.5, as indicated, for a stock in this area is non-zero. It is rare that the interaction by the NMFS Pacific Islands with a CV for the mortality and serious stock-identity of a hooked or entangled Regional Office Observer Program, the injury rate estimate that is less than or whale can be determined, and as such Program has determined that the species equal to 0.30. NMFS follows the GAMMS and identity is either false killer whale or Comment 47: HLA appreciates that apportions those takes of unknown short-finned pilot whale. This species NMFS has now acknowledged that the stock to all stocks within the fishing assignment is much more specific than range of the MHI insular false killer area. NMFS has carried out this ‘‘unidentified cetacean’’ (there are 52 whale stock (‘‘Insular Stock’’) should be apportionment based on the distribution cetacean species). Because the species modified, based upon the best available of fishing effort in areas of overlap identity is known within two possible scientific information. Although the between stocks and the fishery. candidates, NMFS has used all other range reported in the draft 2015 SAR is Comment 49: The substantial revision interactions with those two species to still overbroad (i.e., it encompasses to the minimum population estimate for develop a proration model for assigning areas where no Insular Stock animals the Insular Stock is unexplained, and these blackfish interactions to be false have been observed), it is a much more NMFS’ assumption that the Insular killer whales or short-finned pilot accurate representation of the Insular Stock has declined is speculative. whales. All available interaction data Stock’s range than has been reported in Response: NMFS makes no inform the proration scheme. Cetacean previous SARs. assumption that MHI insular stock interactions with a species identity of Response: NMFS reassessed the stock abundance has declined in the last year ‘‘unidentified cetacean’’ are not range of all three stocks of false killer (see response to Comment 38). The currently prorated to any specific whales in Hawaii based on all data minimum estimate reflects the number species and are therefore not included available. NMFS will consider future of individuals enumerated during the in any assessment of mortality and stock boundary revisions if new data stated period and may reflect not only serious injury. become available that indicate the changes in actual population NMFS appreciates that the revised stock boundary should be abundance, but also changes in explanation for the proration of shallow- reconsidered. encounter rates due to survey location set fishery interactions was not entirely Comment 48: As with past draft SARs, or animal distribution. clear within the draft SAR and has the draft 2015 SAR attributes M/SI by Comment 50: The proration updated the language to be more the deep-set fishery to the Insular Stock. assumptions used in the draft 2015 SAR explicit about the treatment of For at least the following two reasons, do not reflect the best available interactions within that fishery. these attributions are inappropriate and scientific information. The 2015 draft Shallow-set fishery interactions have contrary to the best available scientific SAR, like previous SARs, continues to not been extrapolated or prorated among information. First, there has never been allocate additional false killer whale regions. Shallow-set fishery interactions a confirmed interaction between the interactions to the fisheries in a manner are only prorated among stocks if the deep-set fishery and an animal from the that lacks a rational basis. HLA take occurred within an overlap zone. Insular Stock. Although there is incorporates by reference its objections anecdotal evidence of Insular Stock to NMFS’s attributions for ‘‘blackfish’’ Comments on Alaska Regional Reports interactions with nearshore shortline interactions and for interactions in Comment 51: Among its comments on fisheries and other small-scale fishing which no injury determination has been the draft 2014 SARs, the Commission

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recommended that NMFS: (1) ‘‘provide limited information on the population, under the ESA, no negligible impact an update on the status of the and limited stranding program coverage determination has been made, and no development of a statewide program for in Alaska, these risks cannot be easily human-caused takes of this population monitoring subsistence hunting and quantified. The calculated PBR of 0.05 were authorized. And NMFS’s treatment harvests,’’ and (2) ‘‘[adjust] the language for this stock suggests that the of PBR for North Pacific right whales is in the SARs . . . to reflect these efforts population could sustain one take in entirely inconsistent with its approach and address the concerns about [the] twenty years. However, only one-third for North Atlantic right whales, which shortcoming[s]’’ with regard to reporting of the population of approximately 30 were assigned a PBR of 0 when the subsistence harvests. The Commission individuals is female; therefore, the loss minimum population estimate was 345 recognizes and appreciates the of just one female would have serious individuals, because of the significant corresponding updates made by NMFS consequences for population recovery. threat of extinction facing the to the draft 2015 SARs for ringed, Given the status of the population, the population. ribbon, and bearded seals, and risks it faces, and the extreme Response: See response to Comment encourages NMFS to continue to uncertainty about the magnitude of 52. provide updated information wherever those risks, the Commission Comment 54: In general, the SARs’ it is available, even if only for a limited recommends that NMFS replace the estimation of animals being killed or number of villages or a subset of years. statement above with a statement that seriously injured in commercial In addition, the Commission recognizes that the stock cannot sustain fisheries is inadequate, and it is recommends that NMFS pursue the any losses and therefore PBR should be misleading to assume no serious injury funding necessary for more set at zero. of mortality occurs where a fishery has comprehensive surveys of native Response: Pursuant to section 117 of not been observed. The Alaska SRG harvests of marine mammals. The the MMPA, NMFS has included an noted that the federally-managed Commission is open to providing what estimate of the stock’s PBR in the SAR. fisheries generally provide estimates of support it can to NMFS’ survey efforts However, this calculated PBR is marine mammal takes but that state- and to helping address the lack of considered unreliable because the managed nearshore fisheries, stock’s population dynamics do not funding for such a program. ‘‘especially those using gillnets, operate Response: NMFS recently conducted conform to underlying assumptions in areas used by large numbers of a protected species science program about the population growth model for marine mammals and use gear types review of the Alaska Fisheries Science marine mammals in the PBR equation. known to catch mammals, turtles, and Center (AFSC). The review generated Therefore, we will add the following seabirds worldwide.’’ The SRG notes several recommendations. sentence to the end of the PBR section that more than half of the state-managed Recommendation 1.6 directs NMFS to in the final 2015 North Pacific right Category II fisheries that were to be pursue support for bycatch and harvest whale SAR: ‘‘However, because the observed through the Alaska Marine monitoring in particularly risky North Pacific right whale population is Mammal Observer Program have not fisheries or regions. The AFSC response far below historical levels and notes that monitoring harvest levels is considered to include less than 30 been observed at all. It is vital that currently unfunded, and while mature females, the calculated value for NMFS meet its obligations to provide resources are limited the AFSC will PBR is considered unreliable.’’ updated information on fisheries work with the NMFS Alaska Regional Comment 53: We disagree with the interacting with the estimated level of Office to develop a joint list of priorities draft SARs change of PBR for the North mortality and serious injury to which for understanding harvest levels so both Pacific right whale from 0 to 0.05, stocks are subjected by commercial entities can solicit additional resources which would be the equivalent to one fisheries. and coordinate to achieve this objective. take every 20 years because there is no Response: NMFS acknowledges the We welcome the opportunity to take from this population that will allow need to provide updated estimations of collaborate with other organizations, the stock to reach its OSP. The low marine mammal M/SI for fisheries that including the Commission, who might abundance in and of itself may inhibit interact with marine mammals. While have funding to support this critical recovery. One example is that Pacific many federal fisheries in Alaska are information need. right whales rarely have epibiotic regularly observed, with marine Comment 52: In the draft 2014 SAR barnacles, possibly because the mammal M/SI data collected, the agency for the North Pacific stock of right barnacles have declined at the same does not have sufficient resources to whales, NMFS has removed the time as the whales; and, thus, the fully monitor all Alaska state-managed following statement at the end of the whales have now lost protection that salmon gillnet fisheries. With the PBR section: ‘‘Regardless of the PBR barnacles offered from killer whale implementation of the 1994 level, because this species is listed attacks. The low estimated minimum amendments to the MMPA, the process under the Endangered Species Act and abundance (25.7) for this population for classifying commercial fisheries no negligible impact determination has dictates that there is no take level that under the annual List of Fisheries was been made, no human-caused takes of will not negatively affect recovery; thus, revised to take into account each marine this population are authorized; PBR for PBR ought to be zero until the mammal stock’s PBR level relative to a this stock is 0.’’ Elsewhere the report population increases to a point where fishery’s M/SI from each marine states that the eastern stock of North the Allee effect is weak or non-existent. mammal stock. NMFS has maintained Pacific right whales ‘‘is currently the NMFS’ reliance on a purely quantitative in the two decades since then that most endangered stock of large whales definition of PBR leads to illogical observer data is the most reliable source in the world for which an abundance results because PBR will essentially of M/SI estimates. Although some estimate is available.’’ In addition, never be calculated to be zero unless the anecdotal information on marine NMFS acknowledges that, given minimum population estimate is zero. mammal M/SI does come from documented threats to North Atlantic NMFS recognized as much in the 2014 stranding and fishermen’s self-reports, right whales, North Pacific right whales SAR when it assigned a PBR of 0, that information is not considered as are at risk of entanglement in fishing irrespective of the result of the comprehensive or statistically reliable gear and ship strike, and that because of calculation, because the species is listed as observer data.

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With implementation of section 118 Wrangell and Zarembo stock. The draft Comment 56: NMFS updated the of the MMPA amendments in 1994, SARs note that Dahlheim et al. (2015) assessment for humpback whale, eight Alaska state-managed salmon suggest that these areas may represent Central North Pacific stock, based on an gillnet fisheries were classified as different subpopulations and incidental unpublished multi-strata model (Wade Category II fisheries (per 50 CFR 229.2), takes from commercial fisheries are et al., in review) that, to our knowledge, despite a lack of observer data on concerning. In this situation, the benefit is not publicly available and thus incidental M/SI or in some cases even of the doubt should go to conservation cannot be commented upon effectively. anecdotal take reports, to allow for of the marine mammals. We note that Peer-reviewed literature should be a future collection of statistically reliable Chairman Lowry of the SRG stated that primary source of information for SARs. M/SI data. This action was based on the harbor porpoise are at the top of the Response: Since Wade et al. (in understanding that gillnets are known to SRG’s list of concerns. We hope that the review) has not been published, we incidentally catch marine mammals in final SARs can address this concern by have removed the updated population the rest of the United States and identifying two separate stocks of harbor estimates (based on this paper) from the throughout the world. Of those eight porpoise in Southeast Alaska. final 2015 Central North Pacific and fisheries, five fisheries have been Response: There are two key issues: Western North Pacific humpback whale observed, once each for a two-year Available data and process. Prior to SARs. period (although the Southeast Alaska developing the draft 2015 SAR for Comment 57: NMFS has declared a salmon drift gillnet fishery has been Southeast Alaska harbor porpoise, large whale UME because of elevated observed in only a portion of its range Alaska Fisheries Sceince Center strandings since May 2015. Through to date). The remaining three (AFSC)’s Marine Mammal Laboratory December 1, 2015, there have been 45 unobserved fisheries from that original (MML) staff discussed available large whales stranded, at least eleven of list of eight are the Bristol Bay salmon information on Southeast Alaska harbor which were fin whales (as of mid- set and drift gillnet fisheries and the porpoise groups with experts on harbor August). The SARs should reflect Alaska Peninsula salmon set gillnet porpoise on the west coast and in updated information on the extent of the fishery. Three other salmon gillnet Alaska. The group of experts discussed strandings in order to provide relevant fisheries were observed prior to 1994 multiple lines of evidence that might context for the information reported in and have not been observed again. support at least two separate stocks, and the SARs. NMFS acknowledges that this level of they identified additional supporting Response: We will add information studies, including genetics and satellite coverage since the 1994 MMPA about the Large Whale UME in the tagging, which would be useful in amendments does not adequately meet western Gulf of Alaska to the draft 2016 making this determination. NMFS is the need for robust, timely M/SI Northeast Pacific fin whale, Central supporting such studies as resources are estimates that the section 118 North Pacific humpback whale, and available. In the meantime, NMFS used framework for fishery-marine mammal Western North Pacific humpback whale information provided in Dahlheim et al. interactions requires. If a fishery has SARs. previously been observed, but is not (2015) to calculate an Nmin and Comment 58: The SARs should currently observed, the estimates putative PBR level for the harbor incorporate known data about spatial derived from available observer data are porpoise group in the Wrangell and and temporal overlap of bowhead considered the best available until they Zarembo Islands area of the inside whales and Alaska fisheries in order to can be updated. If a fishery has never waters of Southeast Alaska in the draft approximate areas and times of highest been observed, the level of marine 2015 SARs and will be using risk of entanglements that may go mammal M/SI is considered unknown. information in Dahlheim et al. (2015) to unobserved or unreported. The draft The agency does not assume that the calculate an Nmin and putative PBR level of M/SI is zero if a fishery is not level for the concentrations of harbor SAR notes a couple of incidents of observed. Where necessary, we will porpoise in the northern and southern historical entanglements of bowhead clarify this in the Alaska SARs. regions of the inside waters of Southeast whales in commercial fisheries in As additional resources become Alaska in the draft 2016 SARs. NMFS Alaska, but should be updated to available, NMFS will seek to provide will evaluate whether these harbor acknowledge the spatial overlap of more robust observer coverage of the porpoise groups should be considered certain fisheries with this stock, per state-managed Category II gillnet ‘‘prospective stocks’’ in future SARs and Citta et al. (2014). fisheries in Alaska, including gillnet will continue to review new information Response: NMFS has updated the fisheries that have never been observed, on harbor porpoise to assess whether Fisheries Information section of the as well as to update existing M/SI formal designation of multiple stocks in final 2015 Western Arctic bowhead estimates. However, NMFS is reviewing Southeast Alaska is appropriate. whale SAR to incorporate a reference to ways to assess the marine mammal M/ Identification of a new stock is Citta et al.’s (2014) findings on the SI in these fisheries in a more considered a major change to a SAR and stock’s spatial and temporal overlap economical manner. should be proposed in a draft SAR so it with commercial pot fisheries in the Comment 55: While we applaud the has the benefit of being reviewed by the Bering Sea. recent research into harbor porpoises in SRG and the public. NMFS does not Comment 59: The discussion of Southeast Alaska, it appears that too make a change like this in a final SAR habitat concerns for bowhead whale little data collection has occurred to but will consider making this change in should be updated to recognize the prevent undetected population declines. a future draft SAR for this stock if the work of Blackwell et al. (2015), which We request with urgency that: (1) NMFS available data support such a change. showed that bowhead whales exhibit redefine the SE AK harbor porpoise Further, Category II fisheries, different behavioral responses stock into two stocks—one at Glacier including many of the Alaska state- depending on noise thresholds when in Bay/Icy Strait and one near Wrangell managed gillnet fisheries, are already proximity to seismic operations. Calling and Zarembo Islands, and (2) require subject to observer coverage. See rates first increase when the initial observer coverage in the salmon and response to Comment 29 regarding airgun pulses are detected, then Pacific herring fisheries, which may be prioritizing observer coverage and decrease rapidly when airgun sounds contributing to the decline in the funding. exceed a threshold.

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Response: NMFS has updated the Department of Commerce re-chartered DCM or a SEF that wishes to submit a Habitat Concerns section of the final the CSMAC on March 3, 2015, for a two- swap as available to trade. 2015 Western Arctic bowhead whale year period. More information about the DATES: Comments must be submitted on SAR with a reference to Blackwell et CSMAC may be found at http://www. or before August 15, 2016. al.’s (2015) study. ntia.doc.gov/category/csmac. ADDRESSES: You may submit comments, Dated: June 9, 2016. On March 29, 2016, NTIA published identified by ‘‘Renewal of Collection a Notice in the Federal Register seeking Donna S. Wieting, Pertaining to Process for a Swap nominations for appointment to the Execution Facility or Designated Director, Office of Protected Resources, CSMAC. See Commerce Spectrum National Marine Fisheries Service. Contract Market to Make a Swap Management Advisory Committee; Call Available to Trade’’ by any of the [FR Doc. 2016–14015 Filed 6–13–16; 8:45 am] for Applications, 81 FR 17446 (March following methods: BILLING CODE 3510–22–P 29, 2016), available at http://www.ntia. • _ The Agency’s Web site, at http:// doc.gov/files/ntia/publications/fr comments.cftc.gov/. Follow the csmac_applications_call_03292016.pdf. DEPARTMENT OF COMMERCE instructions for submitting comments The original application deadline was through the Web site. National Telecommunications and May 13, 2016. • Mail: Christopher Kirkpatrick, Through this Notice, NTIA is Information Administration Secretary of the Commission, reopening the application window for Commodity Futures Trading 10 days to expand the pool of applicants Commerce Spectrum Management Commission, Three Lafayette Centre, and best ensure the composition of the Advisory Committee 1155 21st Street NW., Washington, DC committee reflects balanced points of 20581. AGENCY: National Telecommunications view (e.g., past professional or academic • Hand Delivery/Courier: Same as and Information Administration, U.S. accomplishments, industry sector Mail above. Department of Commerce. representation, and educational • Federal eRulemaking Portal: http:// ACTION: Notice; reopening of application background). All other requirements for www.regulations.gov/. Follow the window for Advisory Committee appointment to the CSMAC appear in instructions for submitting comments nominations. the SUPPLEMENTARY INFORMATION section through the Portal. of the March 29, 2016, Notice. SUMMARY: Through this Notice, the Please submit your comments using Dated: June 8, 2016. National Telecommunications and only one method. Information Administration (NTIA) is Kathy D. Smith, FOR FURTHER INFORMATION CONTACT: reopening an application window for Chief Counsel, National Telecommunications Roger Smith, Special Counsel, Division and Information Administration. nominations to the Commerce Spectrum of Market Oversight, Commodity Management Advisory Committee [FR Doc. 2016–13971 Filed 6–13–16; 8:45 am] Futures Trading Commission, (202) (CSMAC). On March 29, 2016, NTIA BILLING CODE 3510–10–P 418–5344; email: [email protected], and published a Notice seeking nominations refer to OMB Control No. 3038–0099. to the CSMAC with a deadline of May SUPPLEMENTARY INFORMATION: Under the 13, 2016. In reopening this application COMMODITY FUTURES TRADING PRA, Federal agencies must obtain window, NTIA seeks to expand the pool COMMISSION approval from the Office of Management of applicants and best ensure the and Budget (OMB) for each collection of Agency Information Collection composition of the committee reflects information they conduct or sponsor. Activities: Notice of Intent To Renew balanced points of view. ‘‘Collection of Information’’ is defined Collection 3038–0099, Process for a in 44 U.S.C. 3502(3) and 5 CFR 1320.3 DATES: Applications must be Swap Execution Facility or Designated postmarked or electronically and includes agency requests or Contract Market To Make a Swap requirements that members of the public transmitted to the address below on or Available To Trade before June 24, 2016. submit reports, keep records, or provide ADDRESSES: Persons may submit AGENCY: Commodity Futures Trading information to a third party. Section applications to David J. Reed, Commission. 3506(c)(2)(A) of the PRA, 44 U.S.C. Designated Federal Officer, by email to ACTION: Notice. 3506(c)(2)(A), requires Federal agencies [email protected] or by U.S. mail or to provide a 60-day notice in the SUMMARY: The Commodity Futures commercial delivery service to Office of Federal Register concerning each Trading Commission (CFTC) is Spectrum Management, National proposed collection of information announcing an opportunity for public Telecommunications and Information before submitting the collection to OMB comment on the proposed collection of Administration, 1401 Constitution for approval. To comply with this certain information by the agency. Avenue NW., Room 4600, Washington, requirement, the CFTC is publishing Under the Paperwork Reduction Act DC 20230. notice of the proposed collection of (‘‘PRA’’), Federal agencies are required information listed below. FOR FURTHER INFORMATION CONTACT: to publish notice in the Federal Register Title: Process for a Swap Execution David J. Reed at (202) 482–5955 or concerning each proposed collection of Facility or Designated Contract Market [email protected]. information and to allow 60 days for to Make a Swap Available to Trade SUPPLEMENTARY INFORMATION: The public comment. This notice solicits (OMB Control No. 3038–0099). This is CSMAC was established and chartered comments on the process for a a request for extension of a currently by the Department of Commerce under designated contract market (DCM) or a approved information collection. the Federal Advisory Committee Act swap execution facility (SEF) to make a Abstract: The collection of (FACA), 5 U.S.C. App. 2, and pursuant swap available to trade and therefore information is needed to help determine to Section 105(b) of the National subject to the trade execution which swaps should be subject to the Telecommunications and Information requirement pursuant to the Commodity trade execution requirement under Administration Organization Act, as Exchange Act (‘‘CEA’’). This process section 2(h)(8) of the Commodity amended, 47 U.S.C. 904(b). The imposes rule filing requirements on a Exchange Act pursuant to Section 723 of

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