80_FR_18424 80 FR 18359 - Takes of Marine Mammals Incidental to Specified Activities; Seabird Monitoring and Research in Glacier Bay National Park, Alaska, 2015

80 FR 18359 - Takes of Marine Mammals Incidental to Specified Activities; Seabird Monitoring and Research in Glacier Bay National Park, Alaska, 2015

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 65 (April 6, 2015)

Page Range18359-18369
FR Document2015-07734

NMFS has received an application from Glacier Bay National Park (Glacier Bay NP) to take marine mammals, by harassment, incidental to conducting seabird research from May through September, 2015. The proposed dates for this action are May 15, 2015, through September 30, 2015. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Authorization to the Glacier Bay NP to incidentally take, by Level B harassment only, one species of marine mammal during the specified activity.

Federal Register, Volume 80 Issue 65 (Monday, April 6, 2015)
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18359-18369]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07734]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD815


Takes of Marine Mammals Incidental to Specified Activities; 
Seabird Monitoring and Research in Glacier Bay National Park, Alaska, 
2015

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has received an application from Glacier Bay National 
Park (Glacier Bay NP) to take marine mammals, by harassment, incidental 
to conducting seabird research from May through September, 2015. The 
proposed dates for this action are May 15, 2015, through September 30, 
2015. Per the Marine Mammal Protection Act, we are requesting comments 
on our proposal to issue an Authorization to the Glacier Bay NP to 
incidentally take, by Level B harassment only, one species of marine 
mammal during the specified activity.

DATES: NMFS must receive comments and information on or before May 6, 
2015.

ADDRESSES: Address comments on the application to Jolie Harrison, 
Division Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. Please include 0648-XD815 in the subject 
line. Comments sent via email to [email protected], including all 
attachments, must not exceed a 25-megabyte file size. NMFS is not 
responsible for email comments sent to addresses other than the one 
provided here.
    Instructions: All submitted comments are a part of the public 
record and NMFS will post them to http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    To obtain an electronic copy of the application containing a list 
of the references used in this document, write to the previously 
mentioned address, telephone the contact listed here (see FOR FURTHER 
INFORMATION CONTACT), or visit the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.
    Information in Glacier Bay NP's application, NMFS' 2014 
Environmental Assessment titled, Environmental Assessment for the 
Issuance of an Incidental Harassment Authorization to Take Marine 
Mammals by Harassment Incidental to Conducting Seabird Research in 
Glacier Bay Alaska, and this notice collectively provide the 
environmental information related to proposed issuance of the 
Authorization for public review and comment.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of 
Protected Resources, NMFS (301) 427-8401.

[[Page 18360]]


SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972, 
as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of 
Commerce to allow, upon request, the incidental, but not intentional, 
taking of small numbers of marine mammals of a species or population 
stock, by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if, after 
NMFS provides a notice of a proposed authorization to the public for 
review and comment: (1) NMFS makes certain findings; and (2) the taking 
is limited to harassment.
    An Authorization shall be granted for the incidental taking of 
small numbers of marine mammals if NMFS finds that the taking will have 
a negligible impact on the species or stock(s), and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant). The Authorization must 
also set forth the permissible methods of taking; other means of 
effecting the least practicable adverse impact on the species or stock 
and its habitat; and requirements pertaining to the monitoring and 
reporting of such taking. NMFS has defined ``negligible impact'' in 50 
CFR 216.103 as ``an impact resulting from the specified activity that 
cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].

Summary of Request

    On January 15, 2015, NMFS received an application from Glacier Bay 
NP requesting that we issue an Authorization for the take of marine 
mammals, incidental to conducting monitoring and research studies on 
glaucus-winged gulls (Larus glaucescens) within Glacier Bay National 
Park and Preserve in Alaska. NMFS determined the application complete 
and adequate on February 27, 2015. NMFS previously issued an 
Authorization to Glacier Bay NP for the same activities in 2014 (79 FR 
56065, September 18, 2014). No seabird research activities occurred 
during the effective period of the prior Authorization.
    Glacier Bay NP proposes to conduct ground-based and vessel-based 
surveys to collect data on the number and distribution of nesting gulls 
within five study sites in Glacier Bay, AK. Glacier Bay NP proposes to 
complete up to five visits per study site, from May through September, 
2015.
    The proposed activities are within the vicinity of pinniped haulout 
sites and the following aspects of the proposed activities are likely 
to result in the take of marine mammals: Noise generated by motorboat 
approaches and departures; noise generated by researchers while 
conducting ground surveys; and human presence during the monitoring and 
research activities. NMFS anticipates that take by Level B harassment 
only, of individuals of harbor seals (Phoca vitulina) would result from 
the specified activity. Although Steller sea lions (Eumetopias jubatus) 
may be present in the action area, Glacier Bay NP has proposed to avoid 
any site used by Steller sea lions.

Description of the Specified Activity

Overview

    Glacier Bay NP proposes to identify the onset of gull nesting; 
conduct mid-season surveys of adult gulls, and locate and document gull 
nest sites within the following study areas: Boulder, Lone, and 
Flapjack Islands, and Geikie Rock. Each of these study sites contains 
harbor seal haulout sites and Glacier Bay NP proposes to visit each 
study site up to five times during the research season.
    Glacier Bay NP must conduct the gull monitoring studies to meet the 
requirements of a 2010 Record of Decision for a Legislative 
Environmental Impact Statement (NPS, 2010) which states that Glacier 
Bay NP must initiate a monitoring program for the gulls to inform 
future native egg harvests by the Hoonah Tlingit in Glacier Bay, AK. 
Glacier Bay NP actively monitors harbor seals at breeding and molting 
sites to assess population trends over time (e.g., Mathews & Pendleton, 
2006; Womble et al., 2010). Glacier Bay NP also coordinates pinniped 
monitoring programs with NMFS' National Marine Mammal Laboratory and 
the Alaska Department of Fish & Game and plans to continue these 
collaborations and sharing of monitoring data and observations in the 
future.

Dates and Duration

    Glacier Bay NP proposes to conduct the proposed activities from the 
period of May 15 through September 30, 2015. Glacier Bay NP proposes to 
conduct a maximum of three ground-based surveys per each study site and 
a maximum of two vessel-based surveys per each study site.
    Thus, the proposed Authorization, if issued, would be effective 
from May 15, 2015 through September 30, 2015. NMFS refers the reader to 
the Detailed Description of Activities section later in this notice for 
more information on the scope of the proposed activities.

Specified Geographic Region

    The proposed study sites would occur in the vicinity of the 
following locations: Boulder (58[deg]33'18.08'' N; 136[deg]1'13.36'' 
W), Lone (58[deg]43'17.67'' N; 136[deg]17'41.32'' W), and Flapjack 
(58[deg]35'10.19'' N; 135[deg]58'50.78'' W) Islands, and Geikie Rock 
(58[deg]41'39.75'' N; 136[deg]18'39.06'' W) in Glacier Bay, Alaska. 
Glacier Bay NP will also conduct studies at Tlingit Point Islet located 
at 58[deg]45'16.86'' N; 136[deg]10'41.74'' W; however, there are no 
reported pinniped haulout sites at that location.
BILLING CODE 3510-22-C

[[Page 18361]]

[GRAPHIC] [TIFF OMITTED] TN06AP15.000

BILLING CODE 3510-22-P

Detailed Description of Activities

    Glacier Bay NP proposes to conduct: (1) Ground-based surveys at a 
maximum frequency of three visits per site; and (2) vessel-based 
surveys at a maximum frequency of two visits per site from the period 
of May 15 through September 30, 2015.
    Ground-Based Surveys: These surveys involve two trained observers 
visiting the largest gull colony on each island to: (1) Obtain 
information on the numbers of nests, their location, and contents 
(i.e., eggs or chicks); (2) determine the onset of laying, 
distribution, abundance, and predation of gull nests and eggs; and (3) 
record the proximity of other species relative to colony locations.
    The observers would access each island using a kayak, a 32.8 to 
39.4-foot (ft) (10 to 12 meter (m)) motorboat, or a 12 ft (4 m) 
inflatable rowing dinghy. The landing craft's transit speed would not 
exceed 4 knots (4.6 miles per hour (mph). Ground surveys generally last 
from 30 minutes to up to two hours depending on the size of the island 
and the number of nesting gulls. Glacier Bay NP will discontinue ground 
surveys after they detect the first hatchling to minimize disturbance 
to the gull colonies.
    Vessel-Based Surveys: These surveys involve two trained observers 
observing and counting the number of adult and fledgling gulls from the 
deck of a motorized vessel which would transit around each island at a 
distance of approximately 328 ft (100 m) to avoid flushing the birds 
from the colonies. Vessel-based surveys generally last from 30 minutes 
to up to two hours

[[Page 18362]]

depending on the size of the island and the number of nesting gulls.

Description of Marine Mammals in the Area of the Specified Activity

    Table 1 in this notice provides the following information: All 
marine mammal species with possible or confirmed occurrence in the 
proposed survey areas on land; information on those species' regulatory 
status under the MMPA and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); abundance; occurrence and seasonality in the activity 
area.

        Table 1--General Information on Marine Mammals That Could Potentially Haul Out in the Proposed Study Areas in May Through September, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Regulatory status \1\      Stock/Species
              Species                      Stock name                  \2\               abundance \3\       Occurrence and range          Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal (Phoca vitulina).......  Glacier Bay/Icy Strait  MMPA-NC ESA-NL........  5,042................  common coastal.......  year-round
Steller sea lion (Eumetopias         Eastern U.S...........  MMPA-D, S ESA-NL......  63,160-78,198........  uncommon coastal.....  year-round
 jubatus).
Steller sea lion (Eumetopias         Western U.S...........  MMPA-D, S ESA-T.......  52,200...............  rare coastal.........  unknown
 jubatus).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2013 NMFS Stock Assessment Report (Allen and Anglis, 2014).

    NMFS refers the public to the Glacier Bay NP's application and the 
2014 NMFS Marine Mammal Stock Assessment Report available online at: 
http://www.nmfs.noaa.gov/pr/sars/species.htm for further information on 
the biology and local distribution of these species.

Other Marine Mammals in the Proposed Action Area

    Northern sea otters (Enhydra lutris kenyoni) and polar bears (Ursis 
maritimus) listed as threatened under the Endangered Species Act could 
occur in the proposed area. The U.S. Fish and Wildlife Service manages 
these species and NMFS does not consider them further in this notice.

Potential Effects of the Specified Activities on Marine Mammals

    This section includes a summary and discussion of the ways that the 
types of stressors associated with the specified activity (e.g., 
personnel presence) have been observed to impact marine mammals. This 
discussion may also include reactions that NMFS considers to rise to 
the level of a take and those that we do not consider to rise to the 
level of a take. This section serves as a background of potential 
effects and does not consider either the specific manner in which the 
applicant will carry out the activity or the mitigation that will be 
implemented, and how either of those will shape the anticipated impacts 
from this specific activity. The ``Estimated Take by Incidental 
Harassment'' section later in this document will include a quantitative 
analysis of the number of individuals that NMFS expects Glacier Bay NP 
to take during this activity. The ``Negligible Impact Analysis'' 
section will include the analysis of how this specific activity would 
impact marine mammals. NMFS will consider the content of the following 
sections: Estimated Take by Incidental Harassment; Proposed Mitigation; 
and Anticipated Effects on Marine Mammal Habitat, to draw conclusions 
regarding the likely impacts of this activity on the reproductive 
success or survivorship of individuals--and from that consideration--
the likely impacts of this activity on the affected marine mammal 
populations or stocks.

Potential Effects of Human Presence on Marine Mammals

    The appearance of Glacier Bay researchers has the potential to 
cause Level B harassment of pinnipeds hauled out on Boulder, Lone, and 
Flapjack Islands, and Geikie Rock. Disturbance includes a variety of 
effects, including subtle to conspicuous changes in behavior, movement, 
and displacement. Disturbance may result in reactions ranging from an 
animal simply becoming alert to the presence of the surveyors (e.g., 
turning the head, assuming a more upright posture) to flushing from the 
haul-out site into the water. NMFS does not consider the lesser 
reactions to constitute behavioral harassment, or Level B harassment 
takes, but rather assumes that pinnipeds that move greater than 1 meter 
(m) (3.3 feet (ft)) or change the speed or direction of their movement 
in response to the presence of surveyors are behaviorally harassed, and 
thus subject to Level B taking. Animals that respond to the presence of 
researchers by becoming alert, but that do not move or change the 
nature of locomotion as described, are not considered to have been 
subject to behavioral harassment.
    Reactions to human presence, if any, depend on species, state of 
maturity, experience, current activity, reproductive state, time of 
day, and many other factors (Richardson et al., 1995; Wartzok et al., 
2004; Southall et al., 2007; Weilgart, 2007). These behavioral 
reactions are often shown as: Changing durations of surfacing and 
dives, number of blows per surfacing, or moving direction and/or speed; 
reduced/increased vocal activities; changing/cessation of certain 
behavioral activities (such as socializing or feeding); visible startle 
response or aggressive behavior; avoidance of areas; and/or flight 
responses (e.g., pinnipeds flushing into the water from haul-outs or 
rookeries). If a marine mammal does react briefly to human presence by 
changing its behavior or moving a small distance, the impacts of the 
change are unlikely to be significant to the individual, let alone the 
stock or population. However, if visual stimuli from human presence 
displaces marine mammals from an important feeding or breeding area for 
a prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007).
    Disturbances resulting from human activity can impact short- and 
long-term pinniped haul out behavior (Renouf et al., 1981; Schneider 
and Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). Numerous studies have shown that human activity can 
flush harbor seals off haulout sites (Allen et al., 1984; Calambokidis 
et al., 1991; Suryan and Harvey, 1999; and Mortenson et al., 2000) or 
lead to Hawaiian monk seal (Monachus schauinslandi) avoidance of beach 
areas (Kenyon, 1972). In one case, human disturbance appeared to cause 
Steller sea lions to desert a breeding area at Northeast Point on St. 
Paul Island, Alaska (Kenyon, 1962).
    In cases where vessels actively approached marine mammals (e.g.,

[[Page 18363]]

whale watching or dolphin watching boats), scientists have documented 
that animals exhibit altered behavior such as increased swimming speed, 
erratic movement, and active avoidance behavior (Bursk, 1983; Acevedo, 
1991; Baker and MacGibbon, 1991; Trites and Bain, 2000; Williams et 
al., 2002; Constantine et al., 2003), reduced blow interval (Ritcher et 
al., 2003), disruption of normal social behaviors (Lusseau, 2003; 
2006), and the shift of behavioral activities which may increase 
energetic costs (Constantine et al., 2003; 2004). In 1997, Henry and 
Hammil (2001) conducted a study to measure the impacts of small boats 
(i.e., kayaks, canoes, motorboats and sailboats) on harbor seal haulout 
behavior in M[eacute]tis Bay, Quebec, Canada. During that study, the 
authors noted that the most frequent disturbances (n=73) were caused by 
lower speed, lingering kayaks, and canoes (33.3 percent) as opposed to 
motorboats (27.8 percent) conducting high speed passes. The seals' 
flight reactions could be linked to a surprise factor by kayaks-canoes 
that approach slowly, quietly and low on water, making them look like 
predators. However, the authors note that once the animals were 
disturbed, there did not appear to be any significant lingering effect 
on the recovery of numbers to their pre-disturbance levels. In 
conclusion, the study showed that boat traffic at current levels has 
only a temporary effect on the haulout behavior of harbor seals in the 
M[eacute]tis Bay area.
    In 2004, Johnson and Acevedo-Gutierrez (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haulout 
sites on Yellow Island, Washington. The authors estimated the minimum 
distance between the vessels and the haul-out sites; categorized the 
vessel types; and evaluated seal responses to the disturbances. During 
the course of the seven-weekend study, the authors recorded 14 human-
related disturbances which were associated with stopped powerboats and 
kayaks. During these events, hauled out seals became noticeably active 
and moved into the water. The flushing occurred when stopped kayaks and 
powerboats were at distances as far as 453 and 1,217 ft (138 and 371 m) 
respectively. The authors note that the seals were unaffected by 
passing powerboats, even those approaching as close as 128 ft (39 m), 
possibly indicating that the animals had become tolerant of the brief 
presence of the vessels and ignored them. The authors reported that on 
average, the seals quickly recovered from the disturbances and returned 
to the haulout site in less than or equal to 60 minutes. Seal numbers 
did not return to pre-disturbance levels within 180 minutes of the 
disturbance less than one quarter of the time observed. The study 
concluded that the return of seal numbers to pre-disturbance levels and 
the relatively regular seasonal cycle in abundance throughout the area 
counter the idea that disturbances from powerboats may result in site 
abandonment (Johnson and Acevedo-Gutierrez, 2007). As a general 
statement from the available information, pinnipeds exposed to intense 
(approximately 110 to 120 decibels re: 20 [mu]Pa) non-pulse sounds 
often leave haulout areas and seek refuge temporarily (minutes to a few 
hours) in the water (Southall et al., 2007).
    There are three ways in which disturbance, as described previously, 
could result in more than Level B harassment of marine mammals. All 
three are most likely to be consequences of stampeding, a potentially 
dangerous occurrence in which large numbers of animals succumb to mass 
panic and rush away from a stimulus. The three situations are: (1) 
Falling when entering the water at high-relief locations; (2) extended 
separation of mothers and pups; and (3) crushing of pups by large males 
during a stampede. However, NMFS does not expect any of these scenarios 
to occur at the proposed survey site.
    Because hauled-out animals may move towards the water when 
disturbed, there is the risk of injury if animals stampede towards 
shorelines with precipitous relief (e.g., cliffs). However, while high-
elevation sites exist on the islands, the haulout sites consist of 
ridges with unimpeded and non-obstructive access to the water. If 
disturbed, the small number of hauled-out adult animals may move toward 
the water without risk of encountering barriers or hazards that would 
otherwise prevent them from leaving the area.
    The probability of vessel and marine mammal interactions (i.e., 
motorboat strike) occurring during the proposed research activities is 
unlikely due to the motorboat's slow operational speed, which is 
typically 2 to 3 knots (2.3 to 3.4 mph) and the researchers continually 
scanning the water for marine mammals presence during transit to the 
islands. Thus, NMFS does not anticipate that strikes or collisions 
would result from the movement of the motorboat.

Anticipated Effects on Marine Mammal Habitat

    We do not anticipate that the proposed operations would result in 
any temporary or permanent effects on the habitats used by the marine 
mammals in the proposed area, including the food sources they use 
(i.e., fish and invertebrates). While NMFS anticipates that the 
specified activity may result in marine mammals avoiding certain areas 
due to motorboat operations or human presence, this impact to habitat 
is temporary and reversible. NMFS considered these as behavioral 
modification. The main impact associated with the proposed activity 
will be temporarily elevated noise levels and the associated direct 
effects on marine mammals, previously discussed in this notice. Based 
on the preceding discussion, NMFS does not anticipate that the proposed 
activity would have any habitat-related effects that could cause 
significant or long-term consequences for individual marine mammals or 
their populations.

Proposed Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods 
of taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (where relevant). 
Applications for incidental take authorizations must include the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting the activity or other means of 
effecting the least practicable adverse impact on the affected species 
or stock and their habitat 50 CFR 216.104(a)(11).
    The Glacier Bay NP has reviewed the following source documents and 
has incorporated a suite of proposed mitigation measures into their 
project description.
    (1) Recommended best practices in Womble et al. (2013); Richardson 
et al. (1995); Pierson et al. (1998); and Weir and Dolman, (2007).
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities Glacier Bay NP and/or its 
designees has proposed to implement the following mitigation measures 
for marine mammals:
     Perform pre-survey monitoring before deciding to access a 
study site;

[[Page 18364]]

     Avoid accessing a site based on a pre-determined threshold 
number of animals present; sites used by pinnipeds for pupping; or 
sites used by Steller sea lions;
     Perform controlled and slow ingress to the study site to 
prevent a stampede and select a pathway of approach to minimize the 
number of marine mammals harassed;
     Monitor for offshore predators at study sites. Avoid 
approaching the study site if killer whales (Orcinus orca) are present. 
If Glacier Bay NP and/or its designees see predators in the area, they 
must not disturb the pinnipeds until the area is free of predators.
     Maintain a quiet research atmosphere in the visual 
presence of pinnipeds.
    Pre-Survey Monitoring: Prior to deciding to land onshore to conduct 
the study, the researchers would use high-powered image stabilizing 
binoculars from the watercraft to document the number, species, and 
location of hauled out marine mammals at each island. The vessels would 
maintain a distance of 328 to 1,640 ft (100 to 500 m) from the 
shoreline to allow the researchers to conduct pre-survey monitoring. 
During every visit, the researchers will examine each study site 
closely using high powered image stabilizing binoculars before 
approaching at distances of greater than 500 m (1,640 ft) to determine 
and document the number, species, and location of hauled out marine 
mammals.
    Site Avoidance: Researchers would decide whether or not to approach 
the island based on the species present, number of individuals, and the 
presence of pups. If there are high numbers (more than 25) harbor seals 
hauled out (with or without young pups present), any time pups are 
present, or any time that Steller sea lions are present, the 
researchers will not approach the island and will not conduct gull 
monitoring research.
    Controlled Landings: The researchers would determine whether to 
approach the island based on the number and type of animals present. If 
the island has 25 or fewer individuals without pups, the researchers 
would approach the island by motorboat at a speed of approximately 2 to 
3 knots (2.3 to 3.4 mph). This would provide enough time for any marine 
mammals present to slowly enter the water without panic or stampede. 
The researchers would also select a pathway of approach farthest from 
the hauled out harbor seals to minimize disturbance.
    Minimize Predator Interactions: If the researchers visually observe 
marine predators (i.e. killer whales) present in the vicinity of hauled 
out marine mammals, the researchers would not approach the study site.
    Noise Reduction Protocols: While onshore at study sites, the 
researchers would remain vigilant for hauled out marine mammals. If 
marine mammals are present, the researchers would move slowly and use 
quiet voices to minimize disturbance to the animals present.

Mitigation Conclusions

    NMFS has carefully evaluated Glacier Bay NP's proposed mitigation 
measures in the context of ensuring that we prescribe the means of 
effecting the least practicable impact on the affected marine mammal 
species and stocks and their habitat. Our evaluation of potential 
measures included consideration of the following factors in relation to 
one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed here:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to motorboat 
operations or visual presence that we expect to result in the take of 
marine mammals (this goal may contribute to 1, above, or to reducing 
harassment takes only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals exposed to 
motorboat operations or visual presence that we expect to result in the 
take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to motorboat 
operations or visual presence that we expect to result in the take of 
marine mammals (this goal may contribute to a, above, or to reducing 
the severity of harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    6. For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on the evaluation of Glacier Bay NP's proposed measures, NMFS 
has preliminarily determined that the proposed mitigation measures 
provide the means of effecting the least practicable impact on marine 
mammal species or stocks and their habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance.

Proposed Monitoring

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
Authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that we expect to be present in the 
proposed action area. Glacier Bay NP submitted a marine mammal 
monitoring plan in section 13 of their Authorization application.
    Monitoring measures prescribed by NMFS should accomplish one or 
more of the following general goals:
    1. An increase in our understanding of the likely occurrence of 
marine mammal species in the vicinity of the action, (i.e., presence, 
abundance, distribution, and/or density of species).
    2. An increase in our understanding of the nature, scope, or 
context of the likely exposure of marine mammal species to any of the 
potential stressor(s) associated with the action (e.g., sound or visual 
stimuli), through better understanding of one or more of the following: 
The action itself and its environment (e.g., sound source 
characterization, propagation, and ambient noise levels); the affected 
species (e.g., life history or dive pattern); the likely co-occurrence 
of marine mammal species with the action (in whole or part) associated 
with

[[Page 18365]]

specific adverse effects; and/or the likely biological or behavioral 
context of exposure to the stressor for the marine mammal (e.g., age 
class of exposed animals or known pupping, calving or feeding areas).
    3. An increase in our understanding of how individual marine 
mammals respond (behaviorally or physiologically) to the specific 
stressors associated with the action (in specific contexts, where 
possible, e.g., at what distance or received level).
    4. An increase in our understanding of how anticipated individual 
responses, to individual stressors or anticipated combinations of 
stressors, may impact either: The long-term fitness and survival of an 
individual; or the population, species, or stock (e.g. through effects 
on annual rates of recruitment or survival).
    5. An increase in our understanding of how the activity affects 
marine mammal habitat, such as through effects on prey sources or 
acoustic habitat (e.g., through characterization of longer-term 
contributions of multiple sound sources to rising ambient noise levels 
and assessment of the potential chronic effects on marine mammals).
    6. An increase in understanding of the impacts of the activity on 
marine mammals in combination with the impacts of other anthropogenic 
activities or natural factors occurring in the region.
    7. An increase in our understanding of the effectiveness of 
mitigation and monitoring measures.
    8. An increase in the probability of detecting marine mammals 
(through improved technology or methodology), both specifically within 
the safety zone (thus allowing for more effective implementation of the 
mitigation) and in general, to better achieve the above goals.
    As part of its Authorization application, Glacier Bay NP proposes 
to sponsor marine mammal monitoring during the project, in order to 
implement the mitigation measures that require real-time monitoring, 
and to satisfy the monitoring requirements of the MMPA.
    The Glacier Bay NP researchers will monitor the area for pinnipeds 
during all research activities. Monitoring activities will consist of 
conducting and recording observations on pinnipeds within the vicinity 
of the proposed research areas. The monitoring notes would provide 
dates and location of the researcher's activities and the number and 
type of species present. The researchers would document the behavioral 
state of animals present, and any apparent disturbance reactions or 
lack thereof.
    Glacier Bay NP can add to the knowledge of pinnipeds in the 
proposed action area by noting observations of: (1) Unusual behaviors, 
numbers, or distributions of pinnipeds, such that any potential follow-
up research can be conducted by the appropriate personnel; (2) tag-
bearing carcasses of pinnipeds, allowing transmittal of the information 
to appropriate agencies and personnel; and (3) rare or unusual species 
of marine mammals for agency follow-up.
    If at any time injury, serious injury, or mortality of the species 
for which take is authorized should occur, or if take of any kind of 
any other marine mammal occurs, and such action may be a result of the 
proposed land survey, Glacier Bay NP would suspend research and 
monitoring activities and contact NMFS immediately to determine how 
best to proceed to ensure that another injury or death does not occur 
and to ensure that the applicant remains in compliance with the MMPA.

Encouraging and Coordinating Research

    Glacier Bay NP actively monitors harbor seals at breeding and 
molting haul out locations to assess trends over time (e.g., Mathews & 
Pendleton, 2006; Womble et al. 2010, Womble and Gende, 2013b). This 
monitoring program involves collaborations with biologists from the 
Alaska Department of Fish and Game, and the National Marine Mammal 
Laboratory. Glacier Bay NP will continue these collaborations and 
encourage continued or renewed monitoring of marine mammal species. 
Additionally, they would report vessel-based counts of marine mammals, 
branded, or injured animals, and all observed disturbances to the 
appropriate state and federal agencies.

Proposed Reporting

    Glacier Bay NP will submit a draft monitoring report to us no later 
than 90 days after the expiration of the Incidental Harassment 
Authorization, if we issue it. The report will describe the operations 
conducted and sightings of marine mammals near the proposed project. 
The report will provide full documentation of methods, results, and 
interpretation pertaining to all monitoring. The report will provide:
    1. A summary and table of the dates, times, and weather during all 
research activities.
    2. Species, number, location, and behavior of any marine mammals 
observed throughout all monitoring activities.
    3. An estimate of the number (by species) of marine mammals exposed 
to acoustic or visual stimuli associated with the research activities.
    4. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the Authorization and full 
documentation of methods, results, and interpretation pertaining to all 
monitoring.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), Glacier Bay NP 
shall immediately cease the specified activities and immediately report 
the incident to the Division Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at 301-427-8401 and the Alaska 
Regional Stranding Coordinator at (907) 586-7248. The report must 
include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description and location of the incident (including water 
depth, if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Glacier Bay NP shall not resume its activities until NMFS is able 
to review the circumstances of the prohibited take. We will work with 
Glacier Bay to determine what is necessary to minimize the likelihood 
of further prohibited take and ensure MMPA compliance. Glacier Bay NP 
may not resume their activities until notified by us via letter, email, 
or telephone.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the lead researcher determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as we describe in the next 
paragraph), Glacier Bay NP will immediately report the incident to the 
Division Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401 and the Alaska Regional Stranding 
Coordinator at (907) 586-7248. The report must include the same 
information identified in the paragraph

[[Page 18366]]

above this section. Activities may continue while we review the 
circumstances of the incident. We will work with Glacier Bay NP to 
determine whether modifications in the activities are appropriate.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the lead visual observer determines that the injury 
or death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Glacier Bay will report the 
incident to the incident to the Division Chief, Permits and 
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401 and the Alaska Regional Stranding Coordinator at (907) 586-7248 
within 24 hours of the discovery. Glacier Bay NP researchers will 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to us. Glacier Bay NP can 
continue their research activities.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].
    All anticipated takes would be by Level B harassment, involving 
temporary changes in behavior. NMFS expects that the proposed 
mitigation and monitoring measures would minimize the possibility of 
injurious or lethal takes. NMFS considers the potential for take by 
injury, serious injury, or mortality as remote. NMFS expects that the 
presence of Glacier Bay NP personnel could disturb animals hauled out 
and that the animals may alter their behavior or attempt to move away 
from the researchers.
    As discussed earlier, NMFS considers an animal to have been 
harassed if it moved greater than 1 m (3.3 ft) in response to the 
surveyors' presence or if the animal was already moving and changed 
direction and/or speed, or if the animal flushed into the water. NMFS 
does not consider animals that became alert without such movements as 
harassed.
    Based on pinniped survey counts conducted by Glacier Bay NP (e.g., 
Mathews & Pendleton, 2006; Womble et al., 2010), NMFS estimates that 
the research activities could potentially affect by Level B behavioral 
harassment 500 harbor seals over the course of the Authorization (Table 
2). This estimate represents 9.9 percent of the Glacier Bay/Icy Strait 
stock of harbor seals and accounts for a maximum disturbance of 25 
harbor seals each per visit at Boulder, Lone, and Flapjack Islands, and 
Geikie Rock, Alaska over a maximum level of five visits.

 Table 2--Estimates of the Possible Numbers of Marine Mammals Exposed to Acoustic and Visual Stimuli During the
    Proposed Research Activities on Boulder, Lone, and Flapjack Islands, and Geikie Rock, Alaska, May Through
                                                 September, 2015
----------------------------------------------------------------------------------------------------------------
                                          Estimated
                                          number of     Proposed take    Percent of
               Species                   individuals    authorization    species or       Population trend \2\
                                           exposed                        stock \1\
----------------------------------------------------------------------------------------------------------------
Harbor seal..........................             500             500             9.9  Declining.
Steller sea lion.....................               0               0               0  Increasing.
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 in this notice lists the stock species abundance estimates that NMFS used to calculate the
  percentage of species/stock.
\2\ The population trend information is from Allen and Angliss, 2014. No data = Insufficient data to determine
  population trend.

    Harbor seals tend to haul out in small numbers (on average, less 
than 50 animals) at most sites with the exception of Flapjack Island 
(Womble, Pers. Comm.). Animals on Flapjack Boulder Islands generally 
haul out on the south side of the Islands and are not located near the 
research sites located on the northern side of the Islands. Aerial 
survey maximum counts show that harbor seals sometimes haul out in 
large numbers at all four locations (see Table 2 in Glacier Bays NP's 
application), and sometimes individuals and mother/pup pairs occupy 
different terrestrial locations than the main haulout (J. Womble, 
personal observation).
    Considering the conservation status for the Western stock of the 
Steller sea lion, the Glacier Bay NP researchers would not conduct 
ground-based or vessel-based surveys if they observe Steller sea lions 
before accessing Boulder, Lone, and Flapjack Islands, and Geikie Rock. 
Thus, NMFS expects no takes to occur for this species during the 
proposed activities.
    NMFS does not propose to authorize any injury, serious injury, or 
mortality. NMFS expect all potential takes to fall under the category 
of Level B harassment only.

Analysis and Preliminary Determinations

Negligible Impact

    Negligible impact' is ``an impact resulting from the specified 
activity that cannot be reasonably expected to, and is not reasonably 
likely to, adversely affect the species or stock through effects on 
annual rates of recruitment or survival'' (50 CFR 216.103). The lack of 
likely adverse effects on annual rates of recruitment or survival 
(i.e., population level effects) forms the basis of a negligible impact 
finding. An estimate of the number of Level B harassment takes alone is 
not enough information on which to base an impact determination. In 
addition to considering estimates of the number of marine mammals that 
might be ``taken'' through behavioral harassment, NMFS considers other 
factors, such as the likely nature of any responses (e.g., intensity, 
duration), the context of any responses (e.g., critical reproductive 
time or location, migration), as well as the number and nature of 
estimated Level A harassment takes, the number of estimated 
mortalities, and effects on habitat.
    Although Glacier Bay NP's survey activities may disturb harbor 
seals hauled out at the survey sites, NMFS expects those impacts to 
occur to a small, localized group of animals for a limited duration 
(e.g., 30 minutes to two hours each visit). Pinnipeds would likely 
become alert or, at most, flush into the water in reaction to the 
presence of Glacier Bay NP personnel during the proposed activities.

[[Page 18367]]

Disturbance will be limited to a short duration, allowing the animals 
to reoccupy the island within a short amount of time. Thus, the 
proposed action is unlikely to result in long-term impacts such as 
permanent abandonment of the haul-out.
    For reasons stated previously in this document and based on the 
following factors, Glacier Bay NP's specified activities are not likely 
to cause long-term behavioral disturbance, injury, serious injury, or 
death. These reasons include:
    1. The effects of the research activities would be limited to 
short-term responses and temporary behavioral changes due to the short 
and sporadic duration of the research activities. Minor and brief 
responses are not likely to constitute disruption of behavioral 
patterns, such as migration, nursing, breeding, feeding, or sheltering.
    2. The availability of alternate areas for pinnipeds to avoid the 
resultant disturbances from the research operations. Anecdotal reports 
from previous Glacier Bay NP activities have shown that the pinnipeds 
returned to the various sites and did not permanently abandon haul-out 
sites after Glacier Bay NP conducted their research activities.
    3. There is no potential for large-scale movements leading to 
injury, serious injury, or mortality because the researchers would 
delay ingress into the landing areas only after the pinnipeds have 
slowly entered the water.
    4. Glacier Bay NP will limit access to Boulder, Lone, and Flapjack 
Islands, and Geikie Rock when there are high numbers (more than 25) 
harbor seals hauled out (with or without young pups present), any time 
pups are present, or any time that Steller sea lions are present, the 
researchers will not approach the island and will not conduct gull 
monitoring research.
    NMFS does not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of Glacier Bay NP's proposed 
activities with the mitigation and related monitoring, and NMFS does 
not propose to authorize injury, serious injury, or mortality at this 
time. In addition, the research activities would not take place in 
areas of significance for marine mammal feeding, resting, breeding, or 
calving and would not adversely impact marine mammal habitat.
    Due to the nature, degree, and context of Level B (behavioral) 
harassment anticipated and described (see ``Potential Effects on Marine 
Mammals'' section in this notice), we do not expect the activity to 
impact annual rates of recruitment or survival for any affected species 
or stock.
    In summary, NMFS anticipates that impacts to hauled-out harbor 
seals during Glacier Bay NP's research activities would be behavioral 
harassment of limited duration (i.e., up to two hours per visit) and 
limited intensity (i.e., temporary flushing at most). NMFS does not 
expect stampeding, and therefore injury or mortality, to occur (see 
``Mitigation'' for more details). Based on the analysis contained 
herein of the likely effects of the specified activity on marine 
mammals and their habitat, and taking into consideration the 
implementation of the proposed monitoring and mitigation measures, NMFS 
preliminarily finds that the total marine mammal take from Glacier 
Bay's proposed research activities will have a negligible impact on the 
affected marine mammal species or stocks.

Small Numbers

    As mentioned previously, NMFS estimates that Glacier Bay NP's 
activities could potentially affect, by Level B harassment only, one 
species of marine mammal under our jurisdiction. For harbor seals, this 
estimate is small (9.9 percent) relative to the population size and we 
have provided the percentage of the harbor seal's regional population 
estimate that the activities may take by Level B harassment in Table 2 
in this notice.
    Based on the analysis contained in this notice of the likely 
effects of the specified activity on marine mammals and their habitat, 
and taking into consideration the implementation of the mitigation and 
monitoring measures, NMFS preliminarily finds that Glacier Bay NP's 
proposed activities would take small numbers of marine mammals relative 
to the populations of the affected species or stocks.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action. Glacier Bay National Park prohibits subsistence harvest 
of harbor seals within the Park (Catton, 1995).

Endangered Species Act (ESA)

    NMFS does not expect that Glacier Bay NP's proposed research 
activities (which includes mitigation measures to avoid harassment of 
Steller sea lions) would affect any species listed under the ESA. 
Therefore, NMFS has determined that a section 7 consultation under the 
ESA is not required.

National Environmental Policy Act (NEPA)

    In 2014, NMFS prepared an Environmental Assessment (EA) analyzing 
the potential effects to the human environment from NMFS' issuance of a 
Authorization to Glacier Bay NP for their seabird research activities.
    In September 2014, NMFS issued a Finding of No Significant Impact 
(FONSI) on the issuance of an Authorization for Point Blue's research 
activities in accordance with section 6.01 of the NOAA Administrative 
Order 216-6 (Environmental Review Procedures for Implementing the 
National Environmental Policy Act, May 20, 1999). Glacier Bay NP's 
proposed activities and impacts for 2015 are within the scope of the 
2014 EA and FONSI. NMFS provided relevant environmental information to 
the public through a previous notice for the proposed Authorization (79 
FR 32226, June 4, 2014) and considered public comments received in 
response prior to finalizing the 2014 EA and deciding whether or not to 
issue a Finding of No Significant Impact (FONSI).
    NMFS has reviewed the 2014 EA and determined that there are no new 
direct, indirect, or cumulative impacts to the human and natural 
environment associated with the Authorization requiring evaluation in a 
supplemental EA and NMFS, therefore, proposes to reaffirm the 2014 
FONSI. NMFS' EA and FONSI for this activity are available upon request 
(see ADDRESSES).

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes 
issuing an Incidental Harassment Authorization to Glacier Bay National 
Park for conducting seabird research May through September, 2015, 
provided they incorporate the previously mentioned mitigation, 
monitoring, and reporting requirements.

Draft Proposed Authorization

    This section contains the draft text for the proposed 
Authorization. NMFS proposes to include this language in the 
Authorization if issued.

Proposed Authorization Language

    Glacier Bay National Park, P.O. Box 140, Gustavus, Alaska 99826 
and/or its designees (holders of the Authorization) are hereby 
authorized under section 101(a)(5)(D) of the Marine Mammal Protection 
Act (16 U.S.C. 1371(a)(5)(D)) to harass small numbers of marine mammals 
incidental to conducting monitoring and research studies on glaucus-
winged gulls (Larus

[[Page 18368]]

glaucescens) within Glacier Bay National Park and Preserve in Alaska.
    1. This Authorization is valid from May 15 through September 30, 
2015.
    2. This Authorization is valid only for research activities that 
occur in the following specified geographic areas: Boulder 
(58[deg]33'18.08'' N; 136[deg]1'13.36'' W); Lone (58[deg]43'17.67'' N; 
136[deg]17'41.32'' W), and Flapjack (58[deg]35'10.19'' N; 
135[deg]58'50.78'' W) Islands, and Geikie Rock (58[deg]41'39.75'' N; 
136[deg]18'39.06'' W); and Tlingit Point Islet (58[deg]45'16.86'' N; 
136[deg]10'41.74'' W) in Glacier Bay, Alaska.
3. Species Authorized and Level of Takes
    a. The taking, by Level B harassment only, is limited to the 
following species: 500 Pacific harbor seals (Phoca vitulina).
    b. The taking by injury (Level A harassment), serious injury or 
death of any of the species listed in Condition 3(a) or the taking of 
any kind of any other species of marine mammal is prohibited and may 
result in the modification, suspension or revocation of this 
Authorization.
    c. The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported immediately to the Chief, Permits 
and Conservation Division, Office of Protected Resources, NMFS, at 
(301) 427-8401.
4. General Conditions
    A copy of this Authorization must be in the possession of Glacier 
Bay National Park, its designees, and field crew personnel (including 
research collaborators) operating under the authority of this 
Authorization at all times.
5. Mitigation Measures
    The Holder of this Authorization is required to implement the 
following mitigation measures:
    a. Conduct pre-survey monitoring before deciding to access a study 
site. Prior to deciding to land onshore of Boulder, Lone, or Flapjack 
Island or Geikie Rock, the Holder of this Authorization will use high-
powered image stabilizing binoculars before approaching at distances of 
greater than 500 m (1,640 ft) to determine and document the number, 
species, and location of hauled out marine mammals.. The vessels will 
maintain a distance of 328 to 1,640 ft (100 to 500 m) from the 
shoreline.
    i. If the Holder of the Authorization determines that there are 25 
or more harbor seals (with or without young pups present) hauled out on 
the shoreline, the holder will not access the island and will not 
conduct the study at that time.
    ii. If the Holder of the Authorization determines that any Steller 
sea lions (Eumetopias jubatus) are present at the study site, the 
Holder will not access the island and will not conduct the study at 
that time.
    iii. If the Holder of the Authorization determines that there are 
any pups hauled out on the shoreline and vulnerable to being separated 
from their mothers, the Holder will not access the island and will not 
conduct the study at that time.
    b. Minimize the potential for disturbance by: (1) Performing 
controlled and slow ingress to the study site to prevent a stampede; 
and (2) selecting a pathway of approach farthest from the hauled out 
harbor seals to minimize disturbance.
    c. Monitor for offshore predators at the study sites and avoid 
research activities when predators area present. Avoid approaching the 
study site if killer whales (Orcinus orca) are present. If the Holder 
of this Authorization observes predators in the area, they must not 
disturb the pinnipeds until the area is free of predators.
    d. Maintain a quiet working atmosphere, avoid loud noises, and use 
hushed voices in the presence of hauled out pinnipeds.
6. Monitoring
    Glacier Bay NP is required to record the following:
    a. BLM and/or its designees shall record the following:
    i. Species counts (with numbers of adults/juveniles); and:
    ii. Numbers of disturbances, by species and age, according to a 
three-point scale of intensity including: (1) Head orientation in 
response to disturbance, which may include turning head towards the 
disturbance, craning head and neck while holding the body rigid in a u-
shaped position, or changing from a lying to a sitting position and/or 
slight movement of less than 1 meter; ``alert''; (2) Movements in 
response to or away from disturbance, typically over short distances 
(1-3 meters) and including dramatic changes in direction or speed of 
locomotion for animals already in motion; ``movement''; and (3) All 
flushes to the water as well as lengthier retreats (>3 meters); 
``flight''.
    iii. Information on the weather, including the tidal state and 
horizontal visibility.
    b. If applicable, the observer shall note observations of marked or 
tag-bearing pinnipeds or carcasses, as well as any rare or unusual 
species of marine mammal.
    c. If applicable, the observer shall note the presence of any 
offshore predators (date, time, number, and species).
7. Reporting
    The holder of this Authorization is required to:
    a. Draft Report: Submit a draft monitoring report to the Division 
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service within 90 days after the 
Authorization expires. NMFS will review the Draft Report which is 
subject to review and comment by NMFS. Glacier Bay NP must address any 
recommendations made by NMFS in the Final Report prior to submission to 
NMFS. If NMFS decides that the draft final report needs no comments, 
NMFS will consider the draft report as the Final Report.
    b. Final Report: Glacier Bay shall prepare and submit a Final 
Report to NMFS within 30 days following resolution of any comments on 
the draft report from NMFS.
8. Reporting Injured or Dead Marine Mammals
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), BLM and/or its 
designees shall immediately cease the specified activities and 
immediately report the incident to the Division Chief, Permits and 
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401 and the Alaska Regional Stranding Coordinator at (907) 586-7248. 
The report must include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description and location of the incident (including water 
depth, if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Glacier Bay NP shall not resume its activities until NMFS is able 
to review the circumstances of the prohibited take. NMFS will work with 
Glacier Bay

[[Page 18369]]

NP to determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. Glacier Bay NP may not 
resume their activities until notified by us via letter, email, or 
telephone.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the marine mammal observer determines that the cause 
of the injury or death is unknown and the death is relatively recent 
(i.e., in less than a moderate state of decomposition as we describe in 
the next paragraph), Glacier Bay NP will immediately report the 
incident to the Division Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at 301-427-8401 and the Alaska 
Regional Stranding Coordinator at (907) 586-7248. The report must 
include the same information identified in the paragraph above this 
section. Activities may continue while NMFS reviews the circumstances 
of the incident. NMFS would work with Glacier Bay NP to determine 
whether modifications in the activities are appropriate.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the lead visual observer determines that the injury 
or death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Glacier Bay NP will report the 
incident to the Division Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at 301-427-8401 and the Alaska 
Regional Stranding Coordinator at (907) 586-7248 within 24 hours of the 
discovery. Glacier Bay NP personnel will provide photographs or video 
footage (if available) or other documentation of the stranded animal 
sighting to us. Glacier Bay NP can continue their survey activities 
while NMFS reviews the circumstances of the incident.

Request for Public Comments

    NMFS invites comments on our analysis, the draft authorization, and 
any other aspect of the notice of proposed Authorization for Glacier 
Bay NP's activities. Please include any supporting data or literature 
citations with your comments to help inform our final decision on 
Glacier Bay NP's request for an Authorization.

    Dated: March 31, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-07734 Filed 4-3-15; 8:45 am]
BILLING CODE 3510-22-P



                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                          18359

                                                 The Department intends to issue the                  when imposed, shall remain in effect                  Park (Glacier Bay NP) to take marine
                                              final results of this administrative                    until further notice.                                 mammals, by harassment, incidental to
                                              review, including the results of its                                                                          conducting seabird research from May
                                                                                                      Notifications to Importers
                                              analysis of the issues raised in any                                                                          through September, 2015. The proposed
                                              written briefs, not later than 120 days                   This notice serves as a preliminary                 dates for this action are May 15, 2015,
                                              after the date of publication of this                   reminder to importers of their                        through September 30, 2015. Per the
                                              notice, pursuant to section 751(a)(3)(A)                responsibility under 19 CFR                           Marine Mammal Protection Act, we are
                                              of the Act.                                             351.402(f)(2) to file a certificate                   requesting comments on our proposal to
                                                                                                      regarding the reimbursement of                        issue an Authorization to the Glacier
                                              Assessment Rates                                        antidumping duties prior to liquidation               Bay NP to incidentally take, by Level B
                                                                                                      of the relevant entries during this                   harassment only, one species of marine
                                                Upon issuance of the final results, the
                                                                                                      review period. Failure to comply with                 mammal during the specified activity.
                                              Department shall determine, and CBP
                                                                                                      this requirement could result in the                  DATES: NMFS must receive comments
                                              shall assess, antidumping duties on all
                                                                                                      Secretary’s presumption that                          and information on or before May 6,
                                              appropriate entries covered by this                     reimbursement of antidumping duties
                                              review. If the preliminary results are                                                                        2015.
                                                                                                      occurred and the subsequent assessment
                                              unchanged for the final results we will                                                                       ADDRESSES: Address comments on the
                                                                                                      of doubled antidumping duties.
                                              instruct CBP to apply an ad valorem                                                                           application to Jolie Harrison, Division
                                              assessment rate of 55.60 percent to all                 Notification to Interested Parties                    Chief, Permits and Conservation
                                              entries of subject merchandise during                     This notice is issued and published in              Division, Office of Protected Resources,
                                              the POR which were produced and/or                      accordance with sections 751(a)(1) and                National Marine Fisheries Service, 1315
                                              exported by Messingwerk, and an ad                      777(i)(1) of the Act.                                 East-West Highway, Silver Spring, MD
                                              valorem assessment rate of 22.61                                                                              20910. The mailbox address for
                                                                                                        Dated: March 31, 2015.                              providing email comments is ITP.Cody@
                                              percent to all entries of subject
                                                                                                      Paul Piquado,                                         noaa.gov. Please include 0648–XD815
                                              merchandise during the POR which
                                              were produced and/or exported by the                    Assistant Secretary for Enforcement and               in the subject line. Comments sent via
                                                                                                      Compliance.                                           email to ITP.Cody@noaa.gov, including
                                              six aforementioned companies which
                                              were not selected for individual                        Appendix                                              all attachments, must not exceed a 25-
                                              examination.                                                                                                  megabyte file size. NMFS is not
                                                                                                      List of Topics Discussed in the Preliminary           responsible for email comments sent to
                                                We intend to issue liquidation                        Decision Memorandum
                                                                                                                                                            addresses other than the one provided
                                              instructions to CBP 15 days after                       A. Summary                                            here.
                                              publication of the final results of                     B. Background                                            Instructions: All submitted comments
                                              review.                                                 C. Scope of the Order                                 are a part of the public record and
                                                                                                      D. Discussion of the Methodology
                                              Cash Deposit Requirements                                 1. Selection of Respondent
                                                                                                                                                            NMFS will post them to http://www.
                                                                                                        2. No Shipment Preliminary Determination            nmfs.noaa.gov/pr/permits/incidental/
                                                 The following deposit requirements                     3. Use of Facts Otherwise Available                 research.htm without change. All
                                              will be effective upon publication of the                 a. Use of Facts Available                           Personal Identifying Information (for
                                              notice of final results of administrative                 b. Application of Facts Available With an           example, name, address, etc.)
                                              review for all shipments of brass sheet                      Adverse Inference                                voluntarily submitted by the commenter
                                              and strip from Germany entered, or                        c. Selection and Corroboration of                   may be publicly accessible. Do not
                                              withdrawn from warehouse, for                                Information Used as Facts Available              submit confidential business
                                              consumption on or after the date of                       4. Rate for Companies Not Selected for              information or otherwise sensitive or
                                                                                                           Individual Examination
                                              publication, as provided by section                     E. Recommendation
                                                                                                                                                            protected information.
                                              751(a)(2) of the Act: (1) The cash deposit                                                                       To obtain an electronic copy of the
                                                                                                      [FR Doc. 2015–07844 Filed 4–3–15; 8:45 am]            application containing a list of the
                                              rates for the reviewed companies will be
                                              the rates established in the final results              BILLING CODE 3510–DS–P                                references used in this document, write
                                              of this review; (2) for merchandise                                                                           to the previously mentioned address,
                                              exported by manufacturers or exporters                                                                        telephone the contact listed here (see
                                                                                                      DEPARTMENT OF COMMERCE                                FOR FURTHER INFORMATION CONTACT), or
                                              not covered in this review but covered
                                              in a prior segment of the proceeding, the                                                                     visit the Internet at: http://www.nmfs.
                                                                                                      National Oceanic and Atmospheric
                                              cash deposit rate will continue to be the                                                                     noaa.gov/pr/permits/incidental/
                                                                                                      Administration
                                              company-specific rate published for the                                                                       research.htm.
                                              most recently completed segment of this                 RIN 0648–XD815                                           Information in Glacier Bay NP’s
                                              proceeding; (3) if the exporter is not a                                                                      application, NMFS’ 2014 Environmental
                                              firm covered in this review, a prior                    Takes of Marine Mammals Incidental to                 Assessment titled, Environmental
                                              review, or the less-than-fair-value                     Specified Activities; Seabird                         Assessment for the Issuance of an
                                              investigation but the manufacturer is,                  Monitoring and Research in Glacier                    Incidental Harassment Authorization to
                                              the cash deposit rate will be the rate                  Bay National Park, Alaska, 2015                       Take Marine Mammals by Harassment
                                              established for the most recently                       AGENCY:  National Marine Fisheries                    Incidental to Conducting Seabird
                                              completed segment of this proceeding                    Service (NMFS), National Oceanic and                  Research in Glacier Bay Alaska, and this
                                              for the manufacturer of the                             Atmospheric Administration (NOAA),                    notice collectively provide the
tkelley on DSK4VPTVN1PROD with NOTICES




                                              merchandise; (4) if neither the exporter                Commerce.                                             environmental information related to
                                              nor the manufacturer has its own rate,                                                                        proposed issuance of the Authorization
                                                                                                      ACTION: Notice; proposed incidental
                                              the cash deposit rate will be 7.30                                                                            for public review and comment.
                                                                                                      harassment authorization; request for
                                              percent.11 These deposit requirements,                  comments.                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            Jeannine Cody, NMFS, Office of
                                                11 See Preliminary Decision Memorandum for            SUMMARY:  NMFS has received an                        Protected Resources, NMFS (301) 427–
                                              additional details.                                     application from Glacier Bay National                 8401.


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                              18360                           Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              SUPPLEMENTARY INFORMATION:                              Summary of Request                                    proposes to visit each study site up to
                                                                                                         On January 15, 2015, NMFS received                 five times during the research season.
                                              Background
                                                                                                      an application from Glacier Bay NP                       Glacier Bay NP must conduct the gull
                                                 Section 101(a)(5)(D) of the Marine                   requesting that we issue an                           monitoring studies to meet the
                                              Mammal Protection Act of 1972, as                       Authorization for the take of marine                  requirements of a 2010 Record of
                                              amended (MMPA; 16 U.S.C. 1361 et                        mammals, incidental to conducting                     Decision for a Legislative Environmental
                                              seq.) directs the Secretary of Commerce                 monitoring and research studies on                    Impact Statement (NPS, 2010) which
                                              to allow, upon request, the incidental,                 glaucus-winged gulls (Larus                           states that Glacier Bay NP must initiate
                                              but not intentional, taking of small                    glaucescens) within Glacier Bay                       a monitoring program for the gulls to
                                              numbers of marine mammals of a                          National Park and Preserve in Alaska.                 inform future native egg harvests by the
                                              species or population stock, by U.S.                    NMFS determined the application                       Hoonah Tlingit in Glacier Bay, AK.
                                              citizens who engage in a specified                      complete and adequate on February 27,                 Glacier Bay NP actively monitors harbor
                                              activity (other than commercial fishing)                2015. NMFS previously issued an                       seals at breeding and molting sites to
                                              within a specified geographical region                  Authorization to Glacier Bay NP for the               assess population trends over time (e.g.,
                                              if, after NMFS provides a notice of a                   same activities in 2014 (79 FR 56065,                 Mathews & Pendleton, 2006; Womble et
                                              proposed authorization to the public for                September 18, 2014). No seabird                       al., 2010). Glacier Bay NP also
                                              review and comment: (1) NMFS makes                      research activities occurred during the               coordinates pinniped monitoring
                                              certain findings; and (2) the taking is                 effective period of the prior                         programs with NMFS’ National Marine
                                              limited to harassment.                                  Authorization.                                        Mammal Laboratory and the Alaska
                                                                                                         Glacier Bay NP proposes to conduct                 Department of Fish & Game and plans
                                                An Authorization shall be granted for                 ground-based and vessel-based surveys                 to continue these collaborations and
                                              the incidental taking of small numbers                  to collect data on the number and                     sharing of monitoring data and
                                              of marine mammals if NMFS finds that                    distribution of nesting gulls within five             observations in the future.
                                              the taking will have a negligible impact                study sites in Glacier Bay, AK. Glacier
                                              on the species or stock(s), and will not                                                                      Dates and Duration
                                                                                                      Bay NP proposes to complete up to five
                                              have an unmitigable adverse impact on                   visits per study site, from May through                  Glacier Bay NP proposes to conduct
                                              the availability of the species or stock(s)             September, 2015.                                      the proposed activities from the period
                                              for subsistence uses (where relevant).                     The proposed activities are within the             of May 15 through September 30, 2015.
                                              The Authorization must also set forth                   vicinity of pinniped haulout sites and                Glacier Bay NP proposes to conduct a
                                              the permissible methods of taking; other                the following aspects of the proposed                 maximum of three ground-based
                                              means of effecting the least practicable                activities are likely to result in the take           surveys per each study site and a
                                              adverse impact on the species or stock                  of marine mammals: Noise generated by                 maximum of two vessel-based surveys
                                              and its habitat; and requirements                       motorboat approaches and departures;                  per each study site.
                                              pertaining to the monitoring and                        noise generated by researchers while                     Thus, the proposed Authorization, if
                                              reporting of such taking. NMFS has                      conducting ground surveys; and human                  issued, would be effective from May 15,
                                              defined ‘‘negligible impact’’ in 50 CFR                 presence during the monitoring and                    2015 through September 30, 2015.
                                              216.103 as ‘‘an impact resulting from                   research activities. NMFS anticipates                 NMFS refers the reader to the Detailed
                                              the specified activity that cannot be                   that take by Level B harassment only, of              Description of Activities section later in
                                              reasonably expected to, and is not                      individuals of harbor seals (Phoca                    this notice for more information on the
                                              reasonably likely to, adversely affect the              vitulina) would result from the specified             scope of the proposed activities.
                                              species or stock through effects on                     activity. Although Steller sea lions
                                              annual rates of recruitment or survival.’’              (Eumetopias jubatus) may be present in                Specified Geographic Region
                                                Except with respect to certain                        the action area, Glacier Bay NP has                      The proposed study sites would occur
                                              activities not pertinent here, the MMPA                 proposed to avoid any site used by                    in the vicinity of the following
                                              defines ‘‘harassment’’ as: Any act of                   Steller sea lions.                                    locations: Boulder (58°33′18.08″ N;
                                              pursuit, torment, or annoyance which (i)                Description of the Specified Activity                 136°1′13.36″ W), Lone (58°43′17.67″ N;
                                              has the potential to injure a marine                                                                          136°17′41.32″ W), and Flapjack
                                              mammal or marine mammal stock in the                    Overview                                              (58°35′10.19″ N; 135°58′50.78″ W)
                                              wild [Level A harassment]; or (ii) has                    Glacier Bay NP proposes to identify                 Islands, and Geikie Rock (58°41′39.75″
                                              the potential to disturb a marine                       the onset of gull nesting; conduct mid-               N; 136°18′39.06″ W) in Glacier Bay,
                                              mammal or marine mammal stock in the                    season surveys of adult gulls, and locate             Alaska. Glacier Bay NP will also
                                              wild by causing disruption of behavioral                and document gull nest sites within the               conduct studies at Tlingit Point Islet
                                              patterns, including, but not limited to,                following study areas: Boulder, Lone,                 located at 58°45′16.86″ N; 136°10′41.74″
                                              migration, breathing, nursing, breeding,                and Flapjack Islands, and Geikie Rock.                W; however, there are no reported
                                              feeding, or sheltering [Level B                         Each of these study sites contains harbor             pinniped haulout sites at that location.
                                              harassment].                                            seal haulout sites and Glacier Bay NP                 BILLING CODE 3510–22–C
tkelley on DSK4VPTVN1PROD with NOTICES




                                         VerDate Sep<11>2014   18:46 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                           18361




                                              BILLING CODE 3510–22–P                                  (i.e., eggs or chicks); (2) determine the             NP will discontinue ground surveys
                                              Detailed Description of Activities                      onset of laying, distribution, abundance,             after they detect the first hatchling to
                                                                                                      and predation of gull nests and eggs;                 minimize disturbance to the gull
                                                 Glacier Bay NP proposes to conduct:                  and (3) record the proximity of other                 colonies.
                                              (1) Ground-based surveys at a maximum                   species relative to colony locations.
                                              frequency of three visits per site; and (2)                                                                      Vessel-Based Surveys: These surveys
                                                                                                         The observers would access each
                                              vessel-based surveys at a maximum                                                                             involve two trained observers observing
                                                                                                      island using a kayak, a 32.8 to 39.4-foot
                                              frequency of two visits per site from the                                                                     and counting the number of adult and
                                                                                                      (ft) (10 to 12 meter (m)) motorboat, or a
                                              period of May 15 through September 30,                                                                        fledgling gulls from the deck of a
tkelley on DSK4VPTVN1PROD with NOTICES




                                                                                                      12 ft (4 m) inflatable rowing dinghy. The
                                              2015.                                                   landing craft’s transit speed would not               motorized vessel which would transit
                                                 Ground-Based Surveys: These surveys                  exceed 4 knots (4.6 miles per hour                    around each island at a distance of
                                              involve two trained observers visiting                  (mph). Ground surveys generally last                  approximately 328 ft (100 m) to avoid
                                              the largest gull colony on each island to:              from 30 minutes to up to two hours                    flushing the birds from the colonies.
                                              (1) Obtain information on the numbers                   depending on the size of the island and               Vessel-based surveys generally last from
                                                                                                                                                            30 minutes to up to two hours
                                                                                                                                                                                                       EN06AP15.000</GPH>




                                              of nests, their location, and contents                  the number of nesting gulls. Glacier Bay


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                              18362                            Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              depending on the size of the island and                    Description of Marine Mammals in the                        survey areas on land; information on
                                              the number of nesting gulls.                               Area of the Specified Activity                              those species’ regulatory status under
                                                                                                           Table 1 in this notice provides the                       the MMPA and the Endangered Species
                                                                                                         following information: All marine                           Act of 1973 (16 U.S.C. 1531 et seq.);
                                                                                                         mammal species with possible or                             abundance; occurrence and seasonality
                                                                                                         confirmed occurrence in the proposed                        in the activity area.

                                               TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY HAUL OUT IN THE PROPOSED STUDY
                                                                              AREAS IN MAY THROUGH SEPTEMBER, 2015
                                                                                                                                                             Stock/Species               Occurrence and
                                                                Species                               Stock name                Regulatory status 1 2                                                               Season
                                                                                                                                                              abundance 3                    range

                                              Harbor seal (Phoca vitulina) .................     Glacier Bay/Icy Strait        MMPA–NC ESA–NL             5,042 ....................   common coastal ...         year-round
                                              Steller sea lion (Eumetopias jubatus) ...          Eastern U.S. .............    MMPA–D, S ESA–NL           63,160–78,198 .....          uncommon coastal           year-round
                                              Steller sea lion (Eumetopias jubatus) ...          Western U.S. ............     MMPA–D, S ESA–T            52,200 ..................    rare coastal ...........   unknown
                                                 1 MMPA: D = Depleted, S = Strategic, NC = Not Classified.
                                                 2 ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
                                                 3 2013 NMFS Stock Assessment Report (Allen and Anglis, 2014).




                                                NMFS refers the public to the Glacier                    content of the following sections:                          1995; Wartzok et al., 2004; Southall et
                                              Bay NP’s application and the 2014                          Estimated Take by Incidental                                al., 2007; Weilgart, 2007). These
                                              NMFS Marine Mammal Stock                                   Harassment; Proposed Mitigation; and                        behavioral reactions are often shown as:
                                              Assessment Report available online at:                     Anticipated Effects on Marine Mammal                        Changing durations of surfacing and
                                              http://www.nmfs.noaa.gov/pr/sars/                          Habitat, to draw conclusions regarding                      dives, number of blows per surfacing, or
                                              species.htm for further information on                     the likely impacts of this activity on the                  moving direction and/or speed;
                                              the biology and local distribution of                      reproductive success or survivorship of                     reduced/increased vocal activities;
                                              these species.                                             individuals—and from that                                   changing/cessation of certain behavioral
                                                                                                         consideration—the likely impacts of this                    activities (such as socializing or
                                              Other Marine Mammals in the
                                                                                                         activity on the affected marine mammal                      feeding); visible startle response or
                                              Proposed Action Area
                                                                                                         populations or stocks.                                      aggressive behavior; avoidance of areas;
                                                Northern sea otters (Enhydra lutris                                                                                  and/or flight responses (e.g., pinnipeds
                                                                                                         Potential Effects of Human Presence on
                                              kenyoni) and polar bears (Ursis                                                                                        flushing into the water from haul-outs
                                                                                                         Marine Mammals
                                              maritimus) listed as threatened under                                                                                  or rookeries). If a marine mammal does
                                              the Endangered Species Act could occur                        The appearance of Glacier Bay                            react briefly to human presence by
                                              in the proposed area. The U.S. Fish and                    researchers has the potential to cause                      changing its behavior or moving a small
                                              Wildlife Service manages these species                     Level B harassment of pinnipeds hauled                      distance, the impacts of the change are
                                              and NMFS does not consider them                            out on Boulder, Lone, and Flapjack                          unlikely to be significant to the
                                              further in this notice.                                    Islands, and Geikie Rock. Disturbance                       individual, let alone the stock or
                                                                                                         includes a variety of effects, including                    population. However, if visual stimuli
                                              Potential Effects of the Specified                         subtle to conspicuous changes in                            from human presence displaces marine
                                              Activities on Marine Mammals                               behavior, movement, and displacement.                       mammals from an important feeding or
                                                 This section includes a summary and                     Disturbance may result in reactions                         breeding area for a prolonged period,
                                              discussion of the ways that the types of                   ranging from an animal simply                               impacts on individuals and populations
                                              stressors associated with the specified                    becoming alert to the presence of the                       could be significant (e.g., Lusseau and
                                              activity (e.g., personnel presence) have                   surveyors (e.g., turning the head,                          Bejder, 2007; Weilgart, 2007).
                                              been observed to impact marine                             assuming a more upright posture) to                            Disturbances resulting from human
                                              mammals. This discussion may also                          flushing from the haul-out site into the                    activity can impact short- and long-term
                                              include reactions that NMFS considers                      water. NMFS does not consider the                           pinniped haul out behavior (Renouf et
                                              to rise to the level of a take and those                   lesser reactions to constitute behavioral                   al., 1981; Schneider and Payne, 1983;
                                              that we do not consider to rise to the                     harassment, or Level B harassment                           Terhune and Almon, 1983; Allen et al.,
                                              level of a take. This section serves as a                  takes, but rather assumes that pinnipeds                    1984; Stewart, 1984; Suryan and
                                              background of potential effects and does                   that move greater than 1 meter (m) (3.3                     Harvey, 1999; Mortenson et al., 2000;
                                              not consider either the specific manner                    feet (ft)) or change the speed or direction                 and Kucey and Trites, 2006). Numerous
                                              in which the applicant will carry out the                  of their movement in response to the                        studies have shown that human activity
                                              activity or the mitigation that will be                    presence of surveyors are behaviorally                      can flush harbor seals off haulout sites
                                              implemented, and how either of those                       harassed, and thus subject to Level B                       (Allen et al., 1984; Calambokidis et al.,
                                              will shape the anticipated impacts from                    taking. Animals that respond to the                         1991; Suryan and Harvey, 1999; and
                                              this specific activity. The ‘‘Estimated                    presence of researchers by becoming                         Mortenson et al., 2000) or lead to
                                              Take by Incidental Harassment’’ section                    alert, but that do not move or change the                   Hawaiian monk seal (Monachus
                                              later in this document will include a                      nature of locomotion as described, are                      schauinslandi) avoidance of beach areas
tkelley on DSK4VPTVN1PROD with NOTICES




                                              quantitative analysis of the number of                     not considered to have been subject to                      (Kenyon, 1972). In one case, human
                                              individuals that NMFS expects Glacier                      behavioral harassment.                                      disturbance appeared to cause Steller
                                              Bay NP to take during this activity. The                      Reactions to human presence, if any,                     sea lions to desert a breeding area at
                                              ‘‘Negligible Impact Analysis’’ section                     depend on species, state of maturity,                       Northeast Point on St. Paul Island,
                                              will include the analysis of how this                      experience, current activity,                               Alaska (Kenyon, 1962).
                                              specific activity would impact marine                      reproductive state, time of day, and                           In cases where vessels actively
                                              mammals. NMFS will consider the                            many other factors (Richardson et al.,                      approached marine mammals (e.g.,


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001     PO 00000    Frm 00011      Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM       06APN1


                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                            18363

                                              whale watching or dolphin watching                      disturbances and returned to the                      Anticipated Effects on Marine Mammal
                                              boats), scientists have documented that                 haulout site in less than or equal to 60              Habitat
                                              animals exhibit altered behavior such as                minutes. Seal numbers did not return to                 We do not anticipate that the
                                              increased swimming speed, erratic                       pre-disturbance levels within 180                     proposed operations would result in any
                                              movement, and active avoidance                          minutes of the disturbance less than one              temporary or permanent effects on the
                                              behavior (Bursk, 1983; Acevedo, 1991;                   quarter of the time observed. The study               habitats used by the marine mammals in
                                              Baker and MacGibbon, 1991; Trites and                   concluded that the return of seal                     the proposed area, including the food
                                              Bain, 2000; Williams et al., 2002;                      numbers to pre-disturbance levels and                 sources they use (i.e., fish and
                                              Constantine et al., 2003), reduced blow                 the relatively regular seasonal cycle in              invertebrates). While NMFS anticipates
                                              interval (Ritcher et al., 2003), disruption             abundance throughout the area counter                 that the specified activity may result in
                                              of normal social behaviors (Lusseau,                    the idea that disturbances from                       marine mammals avoiding certain areas
                                              2003; 2006), and the shift of behavioral                powerboats may result in site                         due to motorboat operations or human
                                              activities which may increase energetic                                                                       presence, this impact to habitat is
                                                                                                      abandonment (Johnson and Acevedo-
                                              costs (Constantine et al., 2003; 2004). In                                                                    temporary and reversible. NMFS
                                                                                                      Gutierrez, 2007). As a general statement
                                              1997, Henry and Hammil (2001)                                                                                 considered these as behavioral
                                              conducted a study to measure the                        from the available information,
                                                                                                      pinnipeds exposed to intense                          modification. The main impact
                                              impacts of small boats (i.e., kayaks,                                                                         associated with the proposed activity
                                              canoes, motorboats and sailboats) on                    (approximately 110 to 120 decibels re:
                                                                                                      20 mPa) non-pulse sounds often leave                  will be temporarily elevated noise levels
                                              harbor seal haulout behavior in Métis                                                                        and the associated direct effects on
                                              Bay, Quebec, Canada. During that study,                 haulout areas and seek refuge
                                                                                                      temporarily (minutes to a few hours) in               marine mammals, previously discussed
                                              the authors noted that the most frequent                                                                      in this notice. Based on the preceding
                                              disturbances (n=73) were caused by                      the water (Southall et al., 2007).
                                                                                                                                                            discussion, NMFS does not anticipate
                                              lower speed, lingering kayaks, and                         There are three ways in which                      that the proposed activity would have
                                              canoes (33.3 percent) as opposed to                     disturbance, as described previously,                 any habitat-related effects that could
                                              motorboats (27.8 percent) conducting                    could result in more than Level B                     cause significant or long-term
                                              high speed passes. The seals’ flight                    harassment of marine mammals. All                     consequences for individual marine
                                              reactions could be linked to a surprise                 three are most likely to be consequences              mammals or their populations.
                                              factor by kayaks-canoes that approach                   of stampeding, a potentially dangerous
                                              slowly, quietly and low on water,                                                                             Proposed Mitigation
                                                                                                      occurrence in which large numbers of
                                              making them look like predators.                        animals succumb to mass panic and                        In order to issue an incidental take
                                              However, the authors note that once the                 rush away from a stimulus. The three                  authorization under section 101(a)(5)(D)
                                              animals were disturbed, there did not                                                                         of the MMPA, NMFS must set forth the
                                                                                                      situations are: (1) Falling when entering
                                              appear to be any significant lingering                                                                        permissible methods of taking pursuant
                                                                                                      the water at high-relief locations; (2)
                                              effect on the recovery of numbers to                                                                          to such activity, and other means of
                                              their pre-disturbance levels. In                        extended separation of mothers and
                                                                                                      pups; and (3) crushing of pups by large               effecting the least practicable adverse
                                              conclusion, the study showed that boat                                                                        impact on such species or stock and its
                                              traffic at current levels has only a                    males during a stampede. However,
                                                                                                      NMFS does not expect any of these                     habitat, paying particular attention to
                                              temporary effect on the haulout                                                                               rookeries, mating grounds, and areas of
                                              behavior of harbor seals in the Métis                  scenarios to occur at the proposed
                                                                                                                                                            similar significance, and on the
                                              Bay area.                                               survey site.
                                                                                                                                                            availability of such species or stock for
                                                 In 2004, Johnson and Acevedo-                           Because hauled-out animals may                     taking for certain subsistence uses
                                              Gutierrez (2007) evaluated the efficacy                 move towards the water when                           (where relevant). Applications for
                                              of buffer zones for watercraft around                   disturbed, there is the risk of injury if             incidental take authorizations must
                                              harbor seal haulout sites on Yellow                     animals stampede towards shorelines                   include the availability and feasibility
                                              Island, Washington. The authors                         with precipitous relief (e.g., cliffs).               (economic and technological) of
                                              estimated the minimum distance                          However, while high-elevation sites                   equipment, methods, and manner of
                                              between the vessels and the haul-out                    exist on the islands, the haulout sites               conducting the activity or other means
                                              sites; categorized the vessel types; and                consist of ridges with unimpeded and                  of effecting the least practicable adverse
                                              evaluated seal responses to the                         non-obstructive access to the water. If               impact on the affected species or stock
                                              disturbances. During the course of the                  disturbed, the small number of hauled-                and their habitat 50 CFR 216.104(a)(11).
                                              seven-weekend study, the authors                        out adult animals may move toward the                    The Glacier Bay NP has reviewed the
                                              recorded 14 human-related disturbances                  water without risk of encountering                    following source documents and has
                                              which were associated with stopped                      barriers or hazards that would otherwise              incorporated a suite of proposed
                                              powerboats and kayaks. During these                     prevent them from leaving the area.                   mitigation measures into their project
                                              events, hauled out seals became                                                                               description.
                                              noticeably active and moved into the                       The probability of vessel and marine                  (1) Recommended best practices in
                                              water. The flushing occurred when                       mammal interactions (i.e., motorboat                  Womble et al. (2013); Richardson et al.
                                              stopped kayaks and powerboats were at                   strike) occurring during the proposed                 (1995); Pierson et al. (1998); and Weir
                                              distances as far as 453 and 1,217 ft (138               research activities is unlikely due to the            and Dolman, (2007).
                                              and 371 m) respectively. The authors                    motorboat’s slow operational speed,                      To reduce the potential for
                                              note that the seals were unaffected by                  which is typically 2 to 3 knots (2.3 to               disturbance from acoustic and visual
                                                                                                      3.4 mph) and the researchers
tkelley on DSK4VPTVN1PROD with NOTICES




                                              passing powerboats, even those                                                                                stimuli associated with the activities
                                              approaching as close as 128 ft (39 m),                  continually scanning the water for                    Glacier Bay NP and/or its designees has
                                              possibly indicating that the animals had                marine mammals presence during                        proposed to implement the following
                                              become tolerant of the brief presence of                transit to the islands. Thus, NMFS does               mitigation measures for marine
                                              the vessels and ignored them. The                       not anticipate that strikes or collisions             mammals:
                                              authors reported that on average, the                   would result from the movement of the                    • Perform pre-survey monitoring
                                              seals quickly recovered from the                        motorboat.                                            before deciding to access a study site;


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                              18364                           Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                                 • Avoid accessing a site based on a                  the vicinity of hauled out marine                        5. Avoidance or minimization of
                                              pre-determined threshold number of                      mammals, the researchers would not                    adverse effects to marine mammal
                                              animals present; sites used by pinnipeds                approach the study site.                              habitat, paying special attention to the
                                              for pupping; or sites used by Steller sea                 Noise Reduction Protocols: While                    food base, activities that block or limit
                                              lions;                                                  onshore at study sites, the researchers               passage to or from biologically
                                                 • Perform controlled and slow ingress                would remain vigilant for hauled out                  important areas, permanent destruction
                                              to the study site to prevent a stampede                 marine mammals. If marine mammals                     of habitat, or temporary destruction/
                                              and select a pathway of approach to                     are present, the researchers would move               disturbance of habitat during a
                                              minimize the number of marine                           slowly and use quiet voices to minimize               biologically important time.
                                              mammals harassed;                                       disturbance to the animals present.                      6. For monitoring directly related to
                                                 • Monitor for offshore predators at                                                                        mitigation—an increase in the
                                              study sites. Avoid approaching the                      Mitigation Conclusions                                probability of detecting marine
                                              study site if killer whales (Orcinus orca)                 NMFS has carefully evaluated Glacier               mammals, thus allowing for more
                                              are present. If Glacier Bay NP and/or its               Bay NP’s proposed mitigation measures                 effective implementation of the
                                              designees see predators in the area, they               in the context of ensuring that we                    mitigation.
                                              must not disturb the pinnipeds until the                prescribe the means of effecting the least               Based on the evaluation of Glacier
                                              area is free of predators.                              practicable impact on the affected                    Bay NP’s proposed measures, NMFS has
                                                 • Maintain a quiet research                          marine mammal species and stocks and                  preliminarily determined that the
                                              atmosphere in the visual presence of                    their habitat. Our evaluation of potential            proposed mitigation measures provide
                                              pinnipeds.                                              measures included consideration of the                the means of effecting the least
                                                 Pre-Survey Monitoring: Prior to                      following factors in relation to one                  practicable impact on marine mammal
                                              deciding to land onshore to conduct the                 another:                                              species or stocks and their habitat,
                                              study, the researchers would use high-                     • The manner in which, and the                     paying particular attention to rookeries,
                                              powered image stabilizing binoculars                    degree to which, the successful                       mating grounds, and areas of similar
                                              from the watercraft to document the                     implementation of the measure is                      significance.
                                              number, species, and location of hauled                 expected to minimize adverse impacts
                                              out marine mammals at each island. The                                                                        Proposed Monitoring
                                                                                                      to marine mammals;
                                              vessels would maintain a distance of                       • The proven or likely efficacy of the                In order to issue an ITA for an
                                              328 to 1,640 ft (100 to 500 m) from the                 specific measure to minimize adverse                  activity, section 101(a)(5)(D) of the
                                              shoreline to allow the researchers to                   impacts as planned; and                               MMPA states that NMFS must set forth
                                              conduct pre-survey monitoring. During                      • The practicability of the measure                ‘‘requirements pertaining to the
                                              every visit, the researchers will examine               for applicant implementation.                         monitoring and reporting of such
                                              each study site closely using high                         Any mitigation measure(s) prescribed               taking.’’ The MMPA implementing
                                              powered image stabilizing binoculars                    by NMFS should be able to accomplish,                 regulations at 50 CFR 216.104(a)(13)
                                              before approaching at distances of                      have a reasonable likelihood of                       indicate that requests for Authorizations
                                              greater than 500 m (1,640 ft) to                        accomplishing (based on current                       must include the suggested means of
                                              determine and document the number,                      science), or contribute to the                        accomplishing the necessary monitoring
                                              species, and location of hauled out                     accomplishment of one or more of the                  and reporting that will result in
                                              marine mammals.                                         general goals listed here:                            increased knowledge of the species and
                                                 Site Avoidance: Researchers would                       1. Avoidance or minimization of                    of the level of taking or impacts on
                                              decide whether or not to approach the                   injury or death of marine mammals                     populations of marine mammals that we
                                              island based on the species present,                    wherever possible (goals 2, 3, and 4 may              expect to be present in the proposed
                                              number of individuals, and the presence                 contribute to this goal).                             action area. Glacier Bay NP submitted a
                                              of pups. If there are high numbers (more                   2. A reduction in the numbers of                   marine mammal monitoring plan in
                                              than 25) harbor seals hauled out (with                  marine mammals (total number or                       section 13 of their Authorization
                                              or without young pups present), any                     number at biologically important time                 application.
                                              time pups are present, or any time that                 or location) exposed to motorboat                        Monitoring measures prescribed by
                                              Steller sea lions are present, the                      operations or visual presence that we                 NMFS should accomplish one or more
                                              researchers will not approach the island                expect to result in the take of marine                of the following general goals:
                                              and will not conduct gull monitoring                    mammals (this goal may contribute to 1,                  1. An increase in our understanding
                                              research.                                               above, or to reducing harassment takes                of the likely occurrence of marine
                                                 Controlled Landings: The researchers                 only).                                                mammal species in the vicinity of the
                                              would determine whether to approach                        3. A reduction in the number of times              action, (i.e., presence, abundance,
                                              the island based on the number and                      (total number or number at biologically               distribution, and/or density of species).
                                              type of animals present. If the island has              important time or location) individuals                  2. An increase in our understanding
                                              25 or fewer individuals without pups,                   exposed to motorboat operations or                    of the nature, scope, or context of the
                                              the researchers would approach the                      visual presence that we expect to result              likely exposure of marine mammal
                                              island by motorboat at a speed of                       in the take of marine mammals (this                   species to any of the potential stressor(s)
                                              approximately 2 to 3 knots (2.3 to 3.4                  goal may contribute to 1, above, or to                associated with the action (e.g., sound
                                              mph). This would provide enough time                    reducing harassment takes only).                      or visual stimuli), through better
                                              for any marine mammals present to                          4. A reduction in the intensity of                 understanding of one or more of the
                                              slowly enter the water without panic or                 exposures (either total number or                     following: The action itself and its
tkelley on DSK4VPTVN1PROD with NOTICES




                                              stampede. The researchers would also                    number at biologically important time                 environment (e.g., sound source
                                              select a pathway of approach farthest                   or location) to motorboat operations or               characterization, propagation, and
                                              from the hauled out harbor seals to                     visual presence that we expect to result              ambient noise levels); the affected
                                              minimize disturbance.                                   in the take of marine mammals (this                   species (e.g., life history or dive
                                                 Minimize Predator Interactions: If the               goal may contribute to a, above, or to                pattern); the likely co-occurrence of
                                              researchers visually observe marine                     reducing the severity of harassment                   marine mammal species with the action
                                              predators (i.e. killer whales) present in               takes only).                                          (in whole or part) associated with


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                            18365

                                              specific adverse effects; and/or the                    any apparent disturbance reactions or                   3. An estimate of the number (by
                                              likely biological or behavioral context of              lack thereof.                                         species) of marine mammals exposed to
                                              exposure to the stressor for the marine                    Glacier Bay NP can add to the                      acoustic or visual stimuli associated
                                              mammal (e.g., age class of exposed                      knowledge of pinnipeds in the proposed                with the research activities.
                                              animals or known pupping, calving or                    action area by noting observations of: (1)              4. A description of the
                                              feeding areas).                                         Unusual behaviors, numbers, or                        implementation and effectiveness of the
                                                 3. An increase in our understanding                  distributions of pinnipeds, such that                 monitoring and mitigation measures of
                                              of how individual marine mammals                        any potential follow-up research can be               the Authorization and full
                                              respond (behaviorally or                                conducted by the appropriate personnel;               documentation of methods, results, and
                                              physiologically) to the specific stressors              (2) tag-bearing carcasses of pinnipeds,               interpretation pertaining to all
                                              associated with the action (in specific                 allowing transmittal of the information               monitoring.
                                              contexts, where possible, e.g., at what                 to appropriate agencies and personnel;                  In the unanticipated event that the
                                              distance or received level).                            and (3) rare or unusual species of                    specified activity clearly causes the take
                                                 4. An increase in our understanding                  marine mammals for agency follow-up.                  of a marine mammal in a manner
                                              of how anticipated individual                              If at any time injury, serious injury, or          prohibited by the authorization, such as
                                              responses, to individual stressors or                   mortality of the species for which take               an injury (Level A harassment), serious
                                              anticipated combinations of stressors,                  is authorized should occur, or if take of             injury, or mortality (e.g., vessel-strike,
                                              may impact either: The long-term fitness                any kind of any other marine mammal                   stampede, etc.), Glacier Bay NP shall
                                              and survival of an individual; or the                   occurs, and such action may be a result               immediately cease the specified
                                              population, species, or stock (e.g.                     of the proposed land survey, Glacier Bay              activities and immediately report the
                                              through effects on annual rates of                      NP would suspend research and                         incident to the Division Chief, Permits
                                              recruitment or survival).                               monitoring activities and contact NMFS                and Conservation Division, Office of
                                                 5. An increase in our understanding                  immediately to determine how best to                  Protected Resources, NMFS, at 301–
                                              of how the activity affects marine                      proceed to ensure that another injury or              427–8401 and the Alaska Regional
                                              mammal habitat, such as through effects                 death does not occur and to ensure that               Stranding Coordinator at (907) 586–
                                              on prey sources or acoustic habitat (e.g.,              the applicant remains in compliance                   7248. The report must include the
                                              through characterization of longer-term                 with the MMPA.                                        following information:
                                              contributions of multiple sound sources                                                                         • Time, date, and location (latitude/
                                                                                                      Encouraging and Coordinating                          longitude) of the incident;
                                              to rising ambient noise levels and
                                              assessment of the potential chronic
                                                                                                      Research                                                • Description and location of the
                                              effects on marine mammals).                               Glacier Bay NP actively monitors                    incident (including water depth, if
                                                 6. An increase in understanding of the               harbor seals at breeding and molting                  applicable);
                                                                                                                                                              • Environmental conditions (e.g.,
                                              impacts of the activity on marine                       haul out locations to assess trends over
                                                                                                                                                            wind speed and direction, Beaufort sea
                                              mammals in combination with the                         time (e.g., Mathews & Pendleton, 2006;
                                                                                                                                                            state, cloud cover, and visibility);
                                              impacts of other anthropogenic                          Womble et al. 2010, Womble and                          • Description of all marine mammal
                                              activities or natural factors occurring in              Gende, 2013b). This monitoring                        observations in the 24 hours preceding
                                              the region.                                             program involves collaborations with                  the incident;
                                                 7. An increase in our understanding                  biologists from the Alaska Department                   • Species identification or
                                              of the effectiveness of mitigation and                  of Fish and Game, and the National                    description of the animal(s) involved;
                                              monitoring measures.                                    Marine Mammal Laboratory. Glacier Bay                   • Fate of the animal(s); and
                                                 8. An increase in the probability of                 NP will continue these collaborations                   • Photographs or video footage of the
                                              detecting marine mammals (through                       and encourage continued or renewed                    animal(s) (if equipment is available).
                                              improved technology or methodology),                    monitoring of marine mammal species.                    Glacier Bay NP shall not resume its
                                              both specifically within the safety zone                Additionally, they would report vessel-               activities until NMFS is able to review
                                              (thus allowing for more effective                       based counts of marine mammals,                       the circumstances of the prohibited
                                              implementation of the mitigation) and                   branded, or injured animals, and all                  take. We will work with Glacier Bay to
                                              in general, to better achieve the above                 observed disturbances to the                          determine what is necessary to
                                              goals.                                                  appropriate state and federal agencies.               minimize the likelihood of further
                                                 As part of its Authorization                         Proposed Reporting                                    prohibited take and ensure MMPA
                                              application, Glacier Bay NP proposes to                                                                       compliance. Glacier Bay NP may not
                                              sponsor marine mammal monitoring                          Glacier Bay NP will submit a draft                  resume their activities until notified by
                                              during the project, in order to                         monitoring report to us no later than 90              us via letter, email, or telephone.
                                              implement the mitigation measures that                  days after the expiration of the                        In the event that Glacier Bay NP
                                              require real-time monitoring, and to                    Incidental Harassment Authorization, if               discovers an injured or dead marine
                                              satisfy the monitoring requirements of                  we issue it. The report will describe the             mammal, and the lead researcher
                                              the MMPA.                                               operations conducted and sightings of                 determines that the cause of the injury
                                                 The Glacier Bay NP researchers will                  marine mammals near the proposed                      or death is unknown and the death is
                                              monitor the area for pinnipeds during                   project. The report will provide full                 relatively recent (i.e., in less than a
                                              all research activities. Monitoring                     documentation of methods, results, and                moderate state of decomposition as we
                                              activities will consist of conducting and               interpretation pertaining to all                      describe in the next paragraph), Glacier
                                              recording observations on pinnipeds                     monitoring. The report will provide:                  Bay NP will immediately report the
tkelley on DSK4VPTVN1PROD with NOTICES




                                              within the vicinity of the proposed                       1. A summary and table of the dates,                incident to the Division Chief, Permits
                                              research areas. The monitoring notes                    times, and weather during all research                and Conservation Division, Office of
                                              would provide dates and location of the                 activities.                                           Protected Resources, NMFS, at 301–
                                              researcher’s activities and the number                    2. Species, number, location, and                   427–8401 and the Alaska Regional
                                              and type of species present. The                        behavior of any marine mammals                        Stranding Coordinator at (907) 586–
                                              researchers would document the                          observed throughout all monitoring                    7248. The report must include the same
                                              behavioral state of animals present, and                activities.                                           information identified in the paragraph


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                              18366                                      Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              above this section. Activities may                                        Estimated Take by Incidental                                     alter their behavior or attempt to move
                                              continue while we review the                                              Harassment                                                       away from the researchers.
                                              circumstances of the incident. We will                                       Except with respect to certain                                   As discussed earlier, NMFS considers
                                              work with Glacier Bay NP to determine                                     activities not pertinent here, the MMPA                          an animal to have been harassed if it
                                              whether modifications in the activities                                   defines ‘‘harassment’’ as: Any act of                            moved greater than 1 m (3.3 ft) in
                                              are appropriate.                                                          pursuit, torment, or annoyance which (i)                         response to the surveyors’ presence or if
                                                 In the event that Glacier Bay NP                                       has the potential to injure a marine                             the animal was already moving and
                                              discovers an injured or dead marine                                       mammal or marine mammal stock in the                             changed direction and/or speed, or if
                                              mammal, and the lead visual observer                                      wild [Level A harassment]; or (ii) has                           the animal flushed into the water.
                                              determines that the injury or death is                                    the potential to disturb a marine                                NMFS does not consider animals that
                                              not associated with or related to the                                     mammal or marine mammal stock in the                             became alert without such movements
                                              authorized activities (e.g., previously                                   wild by causing disruption of behavioral                         as harassed.
                                              wounded animal, carcass with moderate                                     patterns, including, but not limited to,
                                              to advanced decomposition, or                                             migration, breathing, nursing, breeding,                            Based on pinniped survey counts
                                              scavenger damage), Glacier Bay will                                       feeding, or sheltering [Level B                                  conducted by Glacier Bay NP (e.g.,
                                              report the incident to the incident to the                                harassment].                                                     Mathews & Pendleton, 2006; Womble et
                                              Division Chief, Permits and                                                  All anticipated takes would be by                             al., 2010), NMFS estimates that the
                                              Conservation Division, Office of                                          Level B harassment, involving                                    research activities could potentially
                                              Protected Resources, NMFS, at 301–                                        temporary changes in behavior. NMFS                              affect by Level B behavioral harassment
                                              427–8401 and the Alaska Regional                                          expects that the proposed mitigation                             500 harbor seals over the course of the
                                              Stranding Coordinator at (907) 586–                                       and monitoring measures would                                    Authorization (Table 2). This estimate
                                              7248 within 24 hours of the discovery.                                    minimize the possibility of injurious or                         represents 9.9 percent of the Glacier
                                              Glacier Bay NP researchers will provide                                   lethal takes. NMFS considers the                                 Bay/Icy Strait stock of harbor seals and
                                              photographs or video footage (if                                          potential for take by injury, serious                            accounts for a maximum disturbance of
                                              available) or other documentation of the                                  injury, or mortality as remote. NMFS                             25 harbor seals each per visit at Boulder,
                                              stranded animal sighting to us. Glacier                                   expects that the presence of Glacier Bay                         Lone, and Flapjack Islands, and Geikie
                                              Bay NP can continue their research                                        NP personnel could disturb animals                               Rock, Alaska over a maximum level of
                                              activities.                                                               hauled out and that the animals may                              five visits.

                                                TABLE 2—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO ACOUSTIC AND VISUAL STIMULI
                                                   DURING THE PROPOSED RESEARCH ACTIVITIES ON BOULDER, LONE, AND FLAPJACK ISLANDS, AND GEIKIE ROCK,
                                                   ALASKA, MAY THROUGH SEPTEMBER, 2015
                                                                                                                                                                         Estimated                        Percent of
                                                                                                                                                                         number of      Proposed take                     Population
                                                                                                  Species                                                                                                 species or
                                                                                                                                                                         individuals     authorization                     trend 2
                                                                                                                                                                                                            stock 1
                                                                                                                                                                          exposed

                                              Harbor seal .........................................................................................................               500              500             9.9   Declining.
                                              Steller sea lion ...................................................................................................                  0                0               0   Increasing.
                                                 1 Table   1 in this notice lists the stock species abundance estimates that NMFS used to calculate the percentage of species/stock.
                                                 2 The    population trend information is from Allen and Angliss, 2014. No data = Insufficient data to determine population trend.


                                                 Harbor seals tend to haul out in small                                 and Geikie Rock. Thus, NMFS expects                              on which to base an impact
                                              numbers (on average, less than 50                                         no takes to occur for this species during                        determination. In addition to
                                              animals) at most sites with the                                           the proposed activities.                                         considering estimates of the number of
                                              exception of Flapjack Island (Womble,                                       NMFS does not propose to authorize                             marine mammals that might be ‘‘taken’’
                                              Pers. Comm.). Animals on Flapjack                                         any injury, serious injury, or mortality.                        through behavioral harassment, NMFS
                                              Boulder Islands generally haul out on                                     NMFS expect all potential takes to fall                          considers other factors, such as the
                                              the south side of the Islands and are not                                 under the category of Level B                                    likely nature of any responses (e.g.,
                                              located near the research sites located                                   harassment only.                                                 intensity, duration), the context of any
                                              on the northern side of the Islands.                                      Analysis and Preliminary                                         responses (e.g., critical reproductive
                                              Aerial survey maximum counts show                                         Determinations                                                   time or location, migration), as well as
                                              that harbor seals sometimes haul out in                                                                                                    the number and nature of estimated
                                              large numbers at all four locations (see                                  Negligible Impact                                                Level A harassment takes, the number of
                                              Table 2 in Glacier Bays NP’s                                                Negligible impact’ is ‘‘an impact                              estimated mortalities, and effects on
                                              application), and sometimes individuals                                   resulting from the specified activity that                       habitat.
                                              and mother/pup pairs occupy different                                     cannot be reasonably expected to, and is                            Although Glacier Bay NP’s survey
                                              terrestrial locations than the main                                       not reasonably likely to, adversely affect                       activities may disturb harbor seals
                                              haulout (J. Womble, personal                                              the species or stock through effects on                          hauled out at the survey sites, NMFS
                                              observation).                                                             annual rates of recruitment or survival’’                        expects those impacts to occur to a
tkelley on DSK4VPTVN1PROD with NOTICES




                                                 Considering the conservation status                                    (50 CFR 216.103). The lack of likely                             small, localized group of animals for a
                                              for the Western stock of the Steller sea                                  adverse effects on annual rates of                               limited duration (e.g., 30 minutes to two
                                              lion, the Glacier Bay NP researchers                                      recruitment or survival (i.e., population                        hours each visit). Pinnipeds would
                                              would not conduct ground-based or                                         level effects) forms the basis of a                              likely become alert or, at most, flush
                                              vessel-based surveys if they observe                                      negligible impact finding. An estimate                           into the water in reaction to the
                                              Steller sea lions before accessing                                        of the number of Level B harassment                              presence of Glacier Bay NP personnel
                                              Boulder, Lone, and Flapjack Islands,                                      takes alone is not enough information                            during the proposed activities.


                                         VerDate Sep<11>2014         18:14 Apr 03, 2015        Jkt 235001      PO 00000       Frm 00015       Fmt 4703       Sfmt 4703     E:\FR\FM\06APN1.SGM   06APN1


                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                            18367

                                              Disturbance will be limited to a short                  recruitment or survival for any affected              National Environmental Policy Act
                                              duration, allowing the animals to                       species or stock.                                     (NEPA)
                                              reoccupy the island within a short                        In summary, NMFS anticipates that                      In 2014, NMFS prepared an
                                              amount of time. Thus, the proposed                      impacts to hauled-out harbor seals                    Environmental Assessment (EA)
                                              action is unlikely to result in long-term               during Glacier Bay NP’s research                      analyzing the potential effects to the
                                              impacts such as permanent                               activities would be behavioral                        human environment from NMFS’
                                              abandonment of the haul-out.                            harassment of limited duration (i.e., up              issuance of a Authorization to Glacier
                                                 For reasons stated previously in this                to two hours per visit) and limited                   Bay NP for their seabird research
                                              document and based on the following                     intensity (i.e., temporary flushing at                activities.
                                              factors, Glacier Bay NP’s specified                     most). NMFS does not expect                              In September 2014, NMFS issued a
                                              activities are not likely to cause long-                stampeding, and therefore injury or                   Finding of No Significant Impact
                                              term behavioral disturbance, injury,                    mortality, to occur (see ‘‘Mitigation’’ for           (FONSI) on the issuance of an
                                              serious injury, or death. These reasons                 more details). Based on the analysis                  Authorization for Point Blue’s research
                                              include:                                                contained herein of the likely effects of             activities in accordance with section
                                                 1. The effects of the research activities            the specified activity on marine                      6.01 of the NOAA Administrative Order
                                              would be limited to short-term                          mammals and their habitat, and taking                 216–6 (Environmental Review
                                              responses and temporary behavioral                      into consideration the implementation                 Procedures for Implementing the
                                              changes due to the short and sporadic                   of the proposed monitoring and                        National Environmental Policy Act, May
                                              duration of the research activities.                    mitigation measures, NMFS                             20, 1999). Glacier Bay NP’s proposed
                                              Minor and brief responses are not likely                preliminarily finds that the total marine             activities and impacts for 2015 are
                                              to constitute disruption of behavioral                  mammal take from Glacier Bay’s                        within the scope of the 2014 EA and
                                              patterns, such as migration, nursing,                   proposed research activities will have a              FONSI. NMFS provided relevant
                                              breeding, feeding, or sheltering.                       negligible impact on the affected marine              environmental information to the public
                                                 2. The availability of alternate areas               mammal species or stocks.                             through a previous notice for the
                                              for pinnipeds to avoid the resultant                                                                          proposed Authorization (79 FR 32226,
                                                                                                      Small Numbers                                         June 4, 2014) and considered public
                                              disturbances from the research
                                              operations. Anecdotal reports from                         As mentioned previously, NMFS                      comments received in response prior to
                                              previous Glacier Bay NP activities have                 estimates that Glacier Bay NP’s                       finalizing the 2014 EA and deciding
                                              shown that the pinnipeds returned to                    activities could potentially affect, by               whether or not to issue a Finding of No
                                              the various sites and did not                           Level B harassment only, one species of               Significant Impact (FONSI).
                                              permanently abandon haul-out sites                      marine mammal under our jurisdiction.                    NMFS has reviewed the 2014 EA and
                                              after Glacier Bay NP conducted their                    For harbor seals, this estimate is small              determined that there are no new direct,
                                              research activities.                                    (9.9 percent) relative to the population              indirect, or cumulative impacts to the
                                                 3. There is no potential for large-scale             size and we have provided the                         human and natural environment
                                              movements leading to injury, serious                    percentage of the harbor seal’s regional              associated with the Authorization
                                              injury, or mortality because the                        population estimate that the activities               requiring evaluation in a supplemental
                                              researchers would delay ingress into the                may take by Level B harassment in                     EA and NMFS, therefore, proposes to
                                              landing areas only after the pinnipeds                  Table 2 in this notice.                               reaffirm the 2014 FONSI. NMFS’ EA
                                              have slowly entered the water.                             Based on the analysis contained in                 and FONSI for this activity are available
                                                 4. Glacier Bay NP will limit access to               this notice of the likely effects of the              upon request (see ADDRESSES).
                                              Boulder, Lone, and Flapjack Islands,                    specified activity on marine mammals                  Proposed Authorization
                                              and Geikie Rock when there are high                     and their habitat, and taking into                      As a result of these preliminary
                                              numbers (more than 25) harbor seals                     consideration the implementation of the               determinations, NMFS proposes issuing
                                              hauled out (with or without young pups                  mitigation and monitoring measures,                   an Incidental Harassment Authorization
                                              present), any time pups are present, or                 NMFS preliminarily finds that Glacier                 to Glacier Bay National Park for
                                              any time that Steller sea lions are                     Bay NP’s proposed activities would take               conducting seabird research May
                                              present, the researchers will not                       small numbers of marine mammals                       through September, 2015, provided they
                                              approach the island and will not                        relative to the populations of the                    incorporate the previously mentioned
                                              conduct gull monitoring research.                       affected species or stocks.                           mitigation, monitoring, and reporting
                                                 NMFS does not anticipate that any                                                                          requirements.
                                                                                                      Impact on Availability of Affected
                                              injuries, serious injuries, or mortalities
                                                                                                      Species or Stock for Taking for                       Draft Proposed Authorization
                                              would occur as a result of Glacier Bay
                                                                                                      Subsistence Uses
                                              NP’s proposed activities with the                                                                               This section contains the draft text for
                                              mitigation and related monitoring, and                    There are no relevant subsistence uses              the proposed Authorization. NMFS
                                              NMFS does not propose to authorize                      of marine mammals implicated by this                  proposes to include this language in the
                                              injury, serious injury, or mortality at                 action. Glacier Bay National Park                     Authorization if issued.
                                              this time. In addition, the research                    prohibits subsistence harvest of harbor
                                              activities would not take place in areas                seals within the Park (Catton, 1995).                 Proposed Authorization Language
                                              of significance for marine mammal                                                                               Glacier Bay National Park, P.O. Box
                                                                                                      Endangered Species Act (ESA)
                                              feeding, resting, breeding, or calving                                                                        140, Gustavus, Alaska 99826 and/or its
                                              and would not adversely impact marine                     NMFS does not expect that Glacier                   designees (holders of the Authorization)
tkelley on DSK4VPTVN1PROD with NOTICES




                                              mammal habitat.                                         Bay NP’s proposed research activities                 are hereby authorized under section
                                                 Due to the nature, degree, and context               (which includes mitigation measures to                101(a)(5)(D) of the Marine Mammal
                                              of Level B (behavioral) harassment                      avoid harassment of Steller sea lions)                Protection Act (16 U.S.C. 1371(a)(5)(D))
                                              anticipated and described (see                          would affect any species listed under                 to harass small numbers of marine
                                              ‘‘Potential Effects on Marine Mammals’’                 the ESA. Therefore, NMFS has                          mammals incidental to conducting
                                              section in this notice), we do not expect               determined that a section 7 consultation              monitoring and research studies on
                                              the activity to impact annual rates of                  under the ESA is not required.                        glaucus-winged gulls (Larus


                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                              18368                           Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              glaucescens) within Glacier Bay                         island and will not conduct the study at                c. If applicable, the observer shall
                                              National Park and Preserve in Alaska.                   that time.                                            note the presence of any offshore
                                                1. This Authorization is valid from                      ii. If the Holder of the Authorization             predators (date, time, number, and
                                              May 15 through September 30, 2015.                      determines that any Steller sea lions                 species).
                                                2. This Authorization is valid only for               (Eumetopias jubatus) are present at the
                                              research activities that occur in the                   study site, the Holder will not access the            7. Reporting
                                              following specified geographic areas:                   island and will not conduct the study at                 The holder of this Authorization is
                                              Boulder (58°33′18.08″ N; 136°1′13.36″                   that time.                                            required to:
                                              W); Lone (58°43′17.67″ N; 136°17′41.32″                    iii. If the Holder of the Authorization               a. Draft Report: Submit a draft
                                              W), and Flapjack (58°35′10.19″ N;                       determines that there are any pups                    monitoring report to the Division Chief,
                                              135°58′50.78″ W) Islands, and Geikie                    hauled out on the shoreline and                       Permits and Conservation Division,
                                              Rock (58°41′39.75″ N; 136°18′39.06″ W);                 vulnerable to being separated from their              Office of Protected Resources, National
                                              and Tlingit Point Islet (58°45′16.86″ N;                mothers, the Holder will not access the               Marine Fisheries Service within 90 days
                                              136°10′41.74″ W) in Glacier Bay, Alaska.                island and will not conduct the study at              after the Authorization expires. NMFS
                                                                                                      that time.                                            will review the Draft Report which is
                                              3. Species Authorized and Level of                         b. Minimize the potential for
                                              Takes                                                                                                         subject to review and comment by
                                                                                                      disturbance by: (1) Performing                        NMFS. Glacier Bay NP must address
                                                 a. The taking, by Level B harassment                 controlled and slow ingress to the study              any recommendations made by NMFS
                                              only, is limited to the following species:              site to prevent a stampede; and (2)                   in the Final Report prior to submission
                                              500 Pacific harbor seals (Phoca                         selecting a pathway of approach farthest              to NMFS. If NMFS decides that the draft
                                              vitulina).                                              from the hauled out harbor seals to                   final report needs no comments, NMFS
                                                 b. The taking by injury (Level A                     minimize disturbance.                                 will consider the draft report as the
                                              harassment), serious injury or death of                    c. Monitor for offshore predators at               Final Report.
                                              any of the species listed in Condition                  the study sites and avoid research
                                              3(a) or the taking of any kind of any                                                                            b. Final Report: Glacier Bay shall
                                                                                                      activities when predators area present.
                                              other species of marine mammal is                                                                             prepare and submit a Final Report to
                                                                                                      Avoid approaching the study site if
                                              prohibited and may result in the                                                                              NMFS within 30 days following
                                                                                                      killer whales (Orcinus orca) are present.
                                              modification, suspension or revocation                                                                        resolution of any comments on the draft
                                                                                                      If the Holder of this Authorization
                                              of this Authorization.                                                                                        report from NMFS.
                                                                                                      observes predators in the area, they
                                                 c. The taking of any marine mammal                   must not disturb the pinnipeds until the              8. Reporting Injured or Dead Marine
                                              in a manner prohibited under this                       area is free of predators.                            Mammals
                                              Authorization must be reported                             d. Maintain a quiet working
                                              immediately to the Chief, Permits and                   atmosphere, avoid loud noises, and use                  In the unanticipated event that the
                                              Conservation Division, Office of                        hushed voices in the presence of hauled               specified activity clearly causes the take
                                              Protected Resources, NMFS, at (301)                     out pinnipeds.                                        of a marine mammal in a manner
                                              427–8401.                                                                                                     prohibited by the authorization, such as
                                                                                                      6. Monitoring                                         an injury (Level A harassment), serious
                                              4. General Conditions                                      Glacier Bay NP is required to record               injury, or mortality (e.g., vessel-strike,
                                                 A copy of this Authorization must be                 the following:                                        stampede, etc.), BLM and/or its
                                              in the possession of Glacier Bay                           a. BLM and/or its designees shall                  designees shall immediately cease the
                                              National Park, its designees, and field                 record the following:                                 specified activities and immediately
                                              crew personnel (including research                         i. Species counts (with numbers of                 report the incident to the Division Chief,
                                              collaborators) operating under the                      adults/juveniles); and:                               Permits and Conservation Division,
                                              authority of this Authorization at all                     ii. Numbers of disturbances, by                    Office of Protected Resources, NMFS, at
                                              times.                                                  species and age, according to a three-                301–427–8401 and the Alaska Regional
                                                                                                      point scale of intensity including: (1)               Stranding Coordinator at (907) 586–
                                              5. Mitigation Measures                                  Head orientation in response to                       7248. The report must include the
                                                 The Holder of this Authorization is                  disturbance, which may include turning                following information:
                                              required to implement the following                     head towards the disturbance, craning                   • Time, date, and location (latitude/
                                              mitigation measures:                                    head and neck while holding the body                  longitude) of the incident;
                                                 a. Conduct pre-survey monitoring                     rigid in a u-shaped position, or changing               • Description and location of the
                                              before deciding to access a study site.                 from a lying to a sitting position and/or             incident (including water depth, if
                                              Prior to deciding to land onshore of                    slight movement of less than 1 meter;                 applicable);
                                              Boulder, Lone, or Flapjack Island or                    ‘‘alert’’; (2) Movements in response to or              • Environmental conditions (e.g.,
                                              Geikie Rock, the Holder of this                         away from disturbance, typically over                 wind speed and direction, Beaufort sea
                                              Authorization will use high-powered                     short distances (1–3 meters) and                      state, cloud cover, and visibility);
                                              image stabilizing binoculars before                     including dramatic changes in direction                 • Description of all marine mammal
                                              approaching at distances of greater than                or speed of locomotion for animals                    observations in the 24 hours preceding
                                              500 m (1,640 ft) to determine and                       already in motion; ‘‘movement’’; and (3)              the incident;
                                              document the number, species, and                       All flushes to the water as well as
                                              location of hauled out marine                                                                                   • Species identification or
                                                                                                      lengthier retreats (>3 meters); ‘‘flight’’.
                                              mammals.. The vessels will maintain a                      iii. Information on the weather,                   description of the animal(s) involved;
                                                                                                                                                              • Fate of the animal(s); and
tkelley on DSK4VPTVN1PROD with NOTICES




                                              distance of 328 to 1,640 ft (100 to 500                 including the tidal state and horizontal
                                              m) from the shoreline.                                  visibility.                                             • Photographs or video footage of the
                                                 i. If the Holder of the Authorization                   b. If applicable, the observer shall               animal(s) (if equipment is available).
                                              determines that there are 25 or more                    note observations of marked or tag-                     Glacier Bay NP shall not resume its
                                              harbor seals (with or without young                     bearing pinnipeds or carcasses, as well               activities until NMFS is able to review
                                              pups present) hauled out on the                         as any rare or unusual species of marine              the circumstances of the prohibited
                                              shoreline, the holder will not access the               mammal.                                               take. NMFS will work with Glacier Bay


                                         VerDate Sep<11>2014   18:46 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00017   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM   06APN1


                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                                        18369

                                              NP to determine what is necessary to                    DEPARTMENT OF COMMERCE                                   Petitioners filed responses to these
                                              minimize the likelihood of further                                                                               requests on March 17 and 19, 2015.4
                                              prohibited take and ensure MMPA                         International Trade Administration                       Petitioners filed a revised scope on
                                              compliance. Glacier Bay NP may not                      [C–570–025, C–533–862, C–523–811]                        March 24, 2015.5
                                              resume their activities until notified by                                                                           In accordance with section 702(b)(1)
                                              us via letter, email, or telephone.                     Certain Polyethylene Terephthalate                       of the Tariff Act of 1930, as amended
                                                 In the event that Glacier Bay NP                     Resin From the People’s Republic of                      (the Act), Petitioners allege that the
                                              discovers an injured or dead marine                     China, India, and the Sultanate of                       Government of the PRC (GOC), the
                                              mammal, and the marine mammal                           Oman: Initiation of Countervailing Duty                  Government of India (GOI), and the
                                              observer determines that the cause of                   Investigations                                           Government of the Sultanate of Oman
                                              the injury or death is unknown and the                                                                           (GSO) are providing countervailable
                                                                                                      AGENCY:  Enforcement and Compliance,                     subsidies (within the meaning of
                                              death is relatively recent (i.e., in less
                                                                                                      International Trade Administration,                      sections 701 and 771(5) of the Act) to
                                              than a moderate state of decomposition
                                                                                                      Department of Commerce.                                  imports of certain PET resin from the
                                              as we describe in the next paragraph),
                                              Glacier Bay NP will immediately report                  DATES: Effective April 6, 2015.                          PRC, India and Oman, respectively, and
                                                                                                      FOR FURTHER INFORMATION CONTACT:                         that such imports are materially
                                              the incident to the Division Chief,
                                                                                                      Yasmin Nair at (202) 482–3813 or Ilissa                  injuring, or threatening material injury
                                              Permits and Conservation Division,
                                                                                                      Shefferman at (202) 482–4684, AD/CVD                     to, an industry in the United States.
                                              Office of Protected Resources, NMFS, at
                                                                                                      Operations, Enforcement and                              Also, consistent with section 702(b)(1)
                                              301–427–8401 and the Alaska Regional
                                                                                                      Compliance, International Trade                          of the Act, the Petitions are
                                              Stranding Coordinator at (907) 586–
                                                                                                      Administration, U.S. Department of                       accompanied by information reasonably
                                              7248. The report must include the same
                                                                                                      Commerce, 14th Street and Constitution                   available to Petitioners supporting their
                                              information identified in the paragraph
                                                                                                      Avenue NW., Washington, DC 20230.                        allegations.
                                              above this section. Activities may                                                                                  The Department finds that Petitioners
                                              continue while NMFS reviews the                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                               filed the Petitions on behalf of the
                                              circumstances of the incident. NMFS                                                                              domestic industry because Petitioners
                                                                                                      The Petitions
                                              would work with Glacier Bay NP to                                                                                are interested parties as defined in
                                              determine whether modifications in the                    On March 10, 2015, the Department of
                                                                                                                                                               sections 771(9)(C) and (D) of the Act.
                                              activities are appropriate.                             Commerce (Department) received
                                                                                                                                                               The Department also finds that
                                                 In the event that Glacier Bay NP                     countervailing duty (CVD) petitions                      Petitioners demonstrated sufficient
                                              discovers an injured or dead marine                     concerning imports of certain                            industry support with respect to the
                                              mammal, and the lead visual observer                    polyethylene terephthalate resin (PET                    initiation of the CVD investigations that
                                              determines that the injury or death is                  resin) from the People’s Republic of                     Petitioners are requesting.6
                                              not associated with or related to the                   China (PRC), India, and the Sultanate of
                                              authorized activities (e.g., previously                 Oman (Oman) filed in proper form on                      Period of Investigation
                                              wounded animal, carcass with moderate                   behalf of DAK Americas, LLC; M&G                           The period of investigation for the
                                              to advanced decomposition, or                           Chemicals; and Nan Ya Plastic                            PRC, India and Oman is January 1, 2014,
                                              scavenger damage), Glacier Bay NP will                  Corporation, America (collectively,                      through December 31, 2014.7
                                              report the incident to the Division Chief,              Petitioners). The CVD petitions were
                                                                                                      accompanied by antidumping duty (AD)                     Scope of the Investigations
                                              Permits and Conservation Division,
                                              Office of Protected Resources, NMFS, at                 petitions also concerning imports of                       The product covered by these
                                              301–427–8401 and the Alaska Regional                    PET resin from Canada, the PRC, India,                   investigations is PET resin from the
                                              Stranding Coordinator at (907) 586–                     and Oman.1 Petitioners are domestic
                                              7248 within 24 hours of the discovery.                  producers of PET resin.2                                 dated March 13, 2015 (Oman Deficiency
                                                                                                        On March 13, 2015, the Department                      Questionnaire); Letter from the Department to
                                              Glacier Bay NP personnel will provide                                                                            Petitioners entitled ‘‘Petition for the Imposition of
                                              photographs or video footage (if                        requested information and clarification                  Countervailing Duties on Imports of Certain
                                              available) or other documentation of the                for certain areas of the Petitions.3                     Polyethylene Terephthalate Resin from Canada, the
                                                                                                                                                               People’s Republic of China, India, and the Sultanate
                                              stranded animal sighting to us. Glacier                    1 See ‘‘Petitions for the Imposition of               of Oman: Supplemental Questions,’’ dated March
                                              Bay NP can continue their survey                        Antidumping Duties on Imports of Certain                 13, 2015 (General Issues Supplement).
                                              activities while NMFS reviews the                       Polyethylene Terephthalate Resin from Canada, The           4 See Letter from Petitioners entitled ‘‘Certain

                                              circumstances of the incident.                          People’s Republic of China, India, and the Sultanate     Polyethylene Terephthalate Resin From The
                                                                                                      of Oman and Countervailing Duties on Imports from        People’s Republic Of China—Petitioners’ Response
                                              Request for Public Comments                             The People’s Republic of China, India, and the           To Supplemental Questionnaire,’’ dated March 17,
                                                                                                      Sultanate of Oman,’’ dated March 10, 2015                2015 (PRC CVD Supplement); Letter from
                                                 NMFS invites comments on our                         (Petitions).                                             Petitioners entitled ‘‘Certain Polyethylene
                                              analysis, the draft authorization, and                     2 See Volume I of the Petitions, at I–2 and Exhibit   Terephthalate Resin From India—Petitioners’
                                                                                                      I–2.                                                     Response To Supplemental Questionnaire,’’ dated
                                              any other aspect of the notice of                          3 See Letter from the Department to Petitioners       March 17, 2015 (India CVD Supplement); Letter
                                              proposed Authorization for Glacier Bay                  entitled ‘‘Petition for the Imposition of                from Petitioners entitled ‘‘Certain Polyethylene
                                              NP’s activities. Please include any                     Countervailing Duties on Imports of Certain              Terephthalate Resin From the Sultanate of Oman—
                                              supporting data or literature citations                 Polyethylene Terephthalate Resin from the People’s       Petitioners’ Response To Supplemental
                                                                                                      Republic of China (PRC): Supplemental Questions,’’       Questionnaire,’’ dated March 17, 2015 (Oman CVD
                                              with your comments to help inform our                                                                            Supplement); and Letter from Petitioners entitled
                                                                                                      dated March 13, 2015 (PRC Deficiency
                                              final decision on Glacier Bay NP’s                      Questionnaire); Letter from the Department to            ‘‘Certain Polyethylene Terephthalate Resin From
                                              request for an Authorization.                           Petitioners entitled ‘‘Petition for the Imposition of    The People’s Republic Of China, India, and the
tkelley on DSK4VPTVN1PROD with NOTICES




                                                                                                      Countervailing Duties on Imports of Certain              Sultanate of Oman—Petitioner’s Response to
                                                Dated: March 31, 2015.                                                                                         Supplemental Questionnaire,’’ dated March 19,
                                                                                                      Polyethylene Terephthalate Resin from India:
                                              Donna S. Wieting,                                       Supplemental Questions,’’ dated March 13, 2015           2015 (General Issues Supplement).
                                                                                                                                                                  5 See Scope Supplement to the Petitions, dated
                                              Director, Office of Protected Resources,                (India Deficiency Questionnaire); Letter from the
                                                                                                      Department to Petitioners entitled ‘‘Petition for the    March 24, 2015 (Scope Supplement).
                                              National Marine Fisheries Service.                                                                                  6 See the ‘‘Determination of Industry Support for
                                                                                                      Imposition of Countervailing Duties on Imports of
                                              [FR Doc. 2015–07734 Filed 4–3–15; 8:45 am]              Certain Polyethylene Terephthalate Resin from the        the Petitions’’ section below.
                                              BILLING CODE 3510–22–P                                  Sultanate of Oman: Supplemental Questions,’’                7 19 CFR 351.204(b)(2).




                                         VerDate Sep<11>2014   18:14 Apr 03, 2015   Jkt 235001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\06APN1.SGM     06APN1



Document Created: 2015-12-18 11:18:16
Document Modified: 2015-12-18 11:18:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; proposed incidental harassment authorization; request for comments.
DatesNMFS must receive comments and information on or before May 6, 2015.
ContactJeannine Cody, NMFS, Office of Protected Resources, NMFS (301) 427-8401.
FR Citation80 FR 18359 
RIN Number0648-XD81

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR