80 FR 43719 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 141 (July 23, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 141 (July 23, 2015)
| Page Range | 43719-43720 | |
| FR Document | 2015-18054 |
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)] [Notices] [Pages 43719-43720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18054] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE040 Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The NMFS Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, has made a preliminary determination that an Exempted Fishing Permit renewal application from the Commercial [[Page 43720]] Fisheries Research Foundation contains all of the required information and warrants further consideration; and that the activities authorized under the Exempted Fishing Permit would be consistent with the goals and objectives of the Interstate Fisheries Management Plan for American lobster. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notification to provide interested parties the opportunity to comment on Exempted Fishing Permit applications. DATES: Comments must be received on or before August 7, 2015. ADDRESSES: Written comments on this notice may be submitted by the following methods:Email to: [email protected]. Include in the subject line ``Comments on CFRF Lobster EFP.'' Mail to: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ``Comments on CFRF Lobster EFP.'' FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, NOAA Affiliate, 978- 281-9180. SUPPLEMENTARY INFORMATION: The Commercial Fisheries Research Foundation (CFRF) submitted a complete application for a 2-year renewal to an existing Exempted Fishing Permit (EFP) on June 25, 2015. The purpose of this study is to test electronic data collection while conducting research on the abundance and distribution of juvenile American lobster. Funding for this study will be provided through a NOAA grant, as part of the Saltonstall-Kennedy Grant Program. The EFP proposes to use a total of 36 ventless, untagged traps in Lobster Management Areas 2 and 3; covering statistical areas 464, 465, 512, 515, 522, 525, 526, 537, 561, 562, 613, 615, and 616. Maps depicting these areas are available on request. The study would take place during regular fishing activity on 12 federally permitted commercial fishing vessels; 6 vessels in each of the two management areas. Sampling would occur during scheduled fishing trips on each vessel once per week in Area 2, and once every 10 days in Area 3. If an EFP extension is granted, there would be an additional 36 modified, untagged traps in the water during any given time, for a period of two years. Each participating vessel would have up to three modified traps attached to a regular trap trawl. Modifications to a conventional lobster trap would include a closed escape vent, single parlor, and smaller mesh size and entrance head. The CFRF is requesting exemptions from the following Federal lobster regulations: Gear specifications in 50 CFR 697.21(c) to allow for closed escape vents, and smaller mesh and entrance heads; Trap limits as listed in 50 CFR 697.19(b) for Area 2, and 50 CFR 697.19(c) for Area 3, to be exceeded by 3 additional traps per fishing vessel for a total of 36 additional traps; Trap tag requirements, as specified in 50 CFR 697.19(i), to allow for the use of untagged traps; and Possession restrictions in 50 CFR 697.20(a), to allow for onboard biological sampling of juvenile, v-notched, and egg-bearing lobsters. All lobsters caught by modified gear would remain onboard for a short period of time to allow for biological sampling and data collection, after which they would be returned to the water. Biological information will be collected on both kept and discarded lobsters, including: Carapace length; sex; and presence of eggs, v-notches, and shell disease. This study would use several data recording devices, including electronic calipers for length measurements, video cameras, and waterproof tablets. Once the vessels return to shore, data would be relayed to a central database and made available via the Atlantic Coastal Cooperative Statistic Program. If approved, CFRF may request minor modifications and extensions to the EFP throughout the study period. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 et seq. Dated: July 17, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-18054 Filed 7-22-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Notices 43719
period. Total hammer time is scheduled and their habitat, and taking into National Environmental Policy Act
to occur over 128 days between July 15, consideration the implementation of the (NEPA)
2015 and July 14, 2016. These localized proposed monitoring and mitigation NMFS’ prepared an Environmental
and short-term noise exposures may measures, NMFS finds that the total Assessment (EA) for the take of marine
cause brief startle reactions or short- marine mammal take from CALTRANS’ mammals incidental to construction of
term behavioral modification by the construction of a replacement bridge for the East Span of the SF–OBB and made
animals. These reactions and behavioral the East Span of the SF–OBB will have a Finding of No Significant Impact
changes are expected to subside quickly a negligible impact on the affected (FONSI) on November 4, 2003. Due to
when the exposures cease. Moreover, marine mammal species or stocks. the modification of part of the
the proposed mitigation and monitoring
Small Numbers Analysis construction project and the mitigation
measures are expected to reduce
measures, NMFS reviewed additional
potential exposures and behavioral
Table 2 demonstrates the number of information from CALTRANS regarding
modifications even further.
animals that could be exposed to empirical measurements of pile driving
Additionally, no important feeding and/
received noise levels that could cause noises for the smaller temporary piles
or reproductive areas for marine
Level B behavioral harassment for the without an air bubble curtain system
mammals are known to be near the
proposed work associated with the and the use of vibratory pile driving.
proposed action area. Therefore, the
replacement bridge construction. These NMFS prepared a Supplemental
take resulting from this CALTRANS
numbers represent 1.5%, <0.01%, Environmental Assessment (SEA) and
project is not reasonably expected to
and is not reasonably likely to adversely <0.01% and 0.10% of the California analyzed the potential impacts to
affect the marine mammal species or stock harbor seal, the U.S. stock marine mammals that would result from
stocks through effects on annual rates of California sea lion, the Eastern North the modification of the action. A
recruitment or survival and, therefore, Pacific stock gray whale, and the San Finding of No Significant Impact
will have a negligible impact on the Francisco-Russian River stock harbor (FONSI) was signed on August 5, 2009.
affected species or stocks. porpoise, respectively (Table 3). A copy of the SEA and FONSI is
The project also is not expected to available upon request.
The numbers of animals authorized to
have significant adverse effects on be taken for all species are small relative Authorization
affected marine mammals’ habitat, as to the relevant stocks or populations
analyzed in detail in the ‘‘Anticipated As a result of these determinations,
even if each estimated taking occurred we have issued an IHA to CALTRANS
Effects on Marine Mammal Habitat’’ to a new individual—an extremely
section. The project activities would not for conducting the described activities
unlikely scenario. For pinnipeds related to the construction of the East
modify existing marine mammal habitat. occurring in the vicinity of the SF–OBB
The activities may cause some fish to Span of the San Francisco-Oakland Bay
project, there will almost certainly be Bridge, from July 15, 2015 through July
leave the area of disturbance, thus some overlap in individuals present
temporarily impacting marine 14, 2016 provided the previously
day-to-day, and these takes are likely to described mitigation, monitoring, and
mammals’ foraging opportunities in a
occur only within some small portion of reporting requirements are incorporated.
limited portion of the foraging range;
the overall regional stock, such as the
but, because of the short duration of the Dated: July 16, 2015.
number of harbor seals that regularly
activities and the relatively small area of Perry Gayaldo,
use nearby haul-out rocks.
the habitat that may be affected, the Deputy Director, Office of Protected
impacts to marine mammal habitat are Based on the analysis contained Resources, National Marine Fisheries Service.
not expected to cause significant or herein of the likely effects of the [FR Doc. 2015–18021 Filed 7–22–15; 8:45 am]
long-term negative consequences. specified activity on marine mammals
BILLING CODE 3510–22–P
In summary, this negligible impact and their habitat, and taking into
analysis is founded on the following consideration the implementation of the
factors: (1) The possibility of injury, mitigation and monitoring measures, DEPARTMENT OF COMMERCE
serious injury, or mortality may which are expected to reduce the
reasonably be considered discountable; number of marine mammals potentially National Oceanic and Atmospheric
(2) the anticipated incidents of Level B affected by the proposed action, NMFS Administration
harassment consist of, at worst, finds that small numbers of marine
RIN 0648–XE040
temporary modifications in behavior mammals will be taken relative to the
with no significant adverse impacts on populations of the affected species or Atlantic Coastal Fisheries Cooperative
habitat and; (3) the presumed efficacy of stocks. Management Act Provisions; General
the proposed mitigation measures in Provisions for Domestic Fisheries;
reducing the effects of the specified Impact on Availability of Affected
Species for Taking for Subsistence Uses Application for Exempted Fishing
activity to the level of least practicable Permits
impact. In combination, we believe that
There are no subsistence uses of
these factors, as well as the available AGENCY: National Marine Fisheries
marine mammals in the proposed
body of evidence from other similar Service (NMFS), National Oceanic and
project area; and, thus, no subsistence
activities, demonstrate that the potential Atmospheric Administration (NOAA),
effects of the specified activity will have uses impacted by this action.
Commerce.
mstockstill on DSK4VPTVN1PROD with NOTICES
only short-term effects on individuals. Endangered Species Act (ESA) ACTION: Notice; request for comments.
The specified activity is not expected to
impact rates of recruitment or survival No marine mammal species listed SUMMARY: The NMFS Assistant Regional
and will therefore not result in under the ESA are expected to be Administrator for Sustainable Fisheries,
population-level impacts. affected by these activities. Therefore, Greater Atlantic Region, has made a
Based on the analysis contained we have determined that a section 7 preliminary determination that an
herein of the likely effects of the consultation under the ESA is not Exempted Fishing Permit renewal
specified activity on marine mammals required. application from the Commercial
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![43720 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Notices
Fisheries Research Foundation contains trap would include a closed escape DEPARTMENT OF COMMERCE
all of the required information and vent, single parlor, and smaller mesh
warrants further consideration; and that size and entrance head. National Oceanic and Atmospheric
the activities authorized under the Administration
The CFRF is requesting exemptions
Exempted Fishing Permit would be
from the following Federal lobster
consistent with the goals and objectives RIN 0648–XD977
regulations:
of the Interstate Fisheries Management
Plan for American lobster. Regulations • Gear specifications in 50 CFR Taking of Marine Mammals Incidental
under the Magnuson-Stevens Fishery 697.21(c) to allow for closed escape to Specified Activities: Mukilteo
Conservation and Management Act and vents, and smaller mesh and entrance Multimodal Project Tank Farm Pier
the Atlantic Coastal Fisheries heads; Removal
Cooperative Management Act require • Trap limits as listed in 50 CFR AGENCY: National Marine Fisheries
publication of this notification to 697.19(b) for Area 2, and 50 CFR Service, National Oceanic and
provide interested parties the 697.19(c) for Area 3, to be exceeded by Atmospheric Administration,
opportunity to comment on Exempted 3 additional traps per fishing vessel for Commerce.
Fishing Permit applications. a total of 36 additional traps; ACTION: Notice; proposed incidental
DATES: Comments must be received on
• Trap tag requirements, as specified harassment authorization; request for
or before August 7, 2015. comments and information.
ADDRESSES: Written comments on this
in 50 CFR 697.19(i), to allow for the use
notice may be submitted by the of untagged traps; and SUMMARY: Pursuant to the Marine
following methods: • Possession restrictions in 50 CFR Mammal Protection Act (MMPA), NMFS
• Email to: nmfs.gar.efp@noaa.gov. 697.20(a), to allow for onboard is requesting comments on its proposal
Include in the subject line ‘‘Comments biological sampling of juvenile, v- to issue an authorization to WSF to
on CFRF Lobster EFP.’’ notched, and egg-bearing lobsters. incidentally take, by harassment, small
• Mail to: John K. Bullard, Regional numbers of marine mammals for a
All lobsters caught by modified gear
Administrator, NMFS, Greater Atlantic period of 1 year.
Regional Fisheries Office, 55 Great would remain onboard for a short
period of time to allow for biological DATES: Comments and information must
Republic Drive, Gloucester, MA 01930. be received no later than August 24,
Mark the outside of the envelope sampling and data collection, after
which they would be returned to the 2015.
‘‘Comments on CFRF Lobster EFP.’’
FOR FURTHER INFORMATION CONTACT:
water. Biological information will be ADDRESSES: Comments on the
Cynthia Hanson, NOAA Affiliate, 978– collected on both kept and discarded application should be addressed to
281–9180. lobsters, including: Carapace length; Robert Pauline, Office of Protected
sex; and presence of eggs, v-notches, Resources, National Marine Fisheries
SUPPLEMENTARY INFORMATION: The
and shell disease. This study would use Service, 1315 East-West Highway, Silver
Commercial Fisheries Research
several data recording devices, Spring, MD 20910. The mailbox address
Foundation (CFRF) submitted a
including electronic calipers for length for providing email comments is
complete application for a 2-year
measurements, video cameras, and itp.pauline@noaa.gov. NMFS is not
renewal to an existing Exempted
waterproof tablets. Once the vessels responsible for email comments sent to
Fishing Permit (EFP) on June 25, 2015.
return to shore, data would be relayed addresses other than the one provided
The purpose of this study is to test
to a central database and made available here. Comments sent via email,
electronic data collection while
via the Atlantic Coastal Cooperative including all attachments, must not
conducting research on the abundance
Statistic Program. exceed a 25-megabyte file size.
and distribution of juvenile American
Instructions: All comments received
lobster. Funding for this study will be If approved, CFRF may request minor are a part of the public record and will
provided through a NOAA grant, as part modifications and extensions to the EFP generally be posted to http://
of the Saltonstall-Kennedy Grant throughout the study period. EFP www.nmfs.noaa.gov/pr/permits/
Program. The EFP proposes to use a modifications and extensions may be incidental.htm without change. All
total of 36 ventless, untagged traps in
granted without further notice if they Personal Identifying Information (for
Lobster Management Areas 2 and 3;
are deemed essential to facilitate example, name, address, etc.)
covering statistical areas 464, 465, 512,
completion of the proposed research voluntarily submitted by the commenter
515, 522, 525, 526, 537, 561, 562, 613,
and have minimal impacts that do not may be publicly accessible. Do not
615, and 616. Maps depicting these
change the scope or impact of the submit Confidential Business
areas are available on request.
The study would take place during initially approved EFP request. Any Information or otherwise sensitive or
regular fishing activity on 12 federally fishing activity conducted outside the protected information.
permitted commercial fishing vessels; 6 scope of the exempted fishing activity A copy of the application may be
vessels in each of the two management would be prohibited. obtained by writing to the address
areas. Sampling would occur during specified above or visiting the internet
Authority: 16 U.S.C. 1801 et seq. at: http://www.nmfs.noaa.gov/pr/
scheduled fishing trips on each vessel
once per week in Area 2, and once every Dated: July 17, 2015. permits/incidental/construction.htm.
Emily H. Menashes, Documents cited in this notice may also
mstockstill on DSK4VPTVN1PROD with NOTICES
10 days in Area 3. If an EFP extension
is granted, there would be an additional Acting Director, Office of Sustainable be viewed, by appointment, during
36 modified, untagged traps in the water Fisheries, National Marine Fisheries Service. regular business hours, at the
during any given time, for a period of [FR Doc. 2015–18054 Filed 7–22–15; 8:45 am]
aforementioned address.
two years. Each participating vessel FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–22–P
would have up to three modified traps Robert Pauline, Office of Protected
attached to a regular trap trawl. Resources, NMFS, (301) 427–8401.
Modifications to a conventional lobster SUPPLEMENTARY INFORMATION:
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Document Created: 2015-12-15 12:53:49
Document Modified: 2015-12-15 12:53:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received on or before August 7, 2015. | |
| Contact | Cynthia Hanson, NOAA Affiliate, 978- 281-9180. | |
| FR Citation | 80 FR 43719 | |
| RIN Number | 0648-XE04 |
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