80 FR 46939 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 151 (August 6, 2015)

This document contains corrections to the preamble to the proposed regulations published on July 9, 2015, that would establish a framework for authorizing the take of marine mammals incidental to the NEFSC's fisheries research activities in the Atlantic coast region for a five-year period, 2015-2020. This action is necessary to correct errors in the estimates presented for Level B harassment of northern bottlenose whales (Hyperoodon ampullatus), dwarf sperm/pygmy sperm whales (Kogia spp.), bottlenose dolphins (Tursiops truncatus), and harbor seals (Phoca vitulina). This action also corrects errors in the mortality estimates presented for gray seals (Haliochoerus grypus) and harbor seals. The Federal Register proposed rule indicated that written comments were due by August 10, 2015, which allowed 30 calendar days for public input. NMFS has decided to extend the public comment period by 7 calendar days, to August 17, 2015, which allows a total of 37 days for public input.

[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Proposed Rules]
[Pages 46939-46941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19310]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 219

[Docket No. 150413360-5636-02]
RIN 0648-BF02


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Northeast Fisheries Science Center Fisheries Research; 
Correction

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

ACTION: Proposed rule; correction; extension of public comment period.

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SUMMARY: This document contains corrections to the preamble to the 
proposed regulations published on July 9, 2015, that would establish a 
framework for authorizing the take of marine mammals incidental to the 
NEFSC's fisheries research activities in the Atlantic coast region for 
a five-year period, 2015-2020. This action is necessary to correct 
errors in the estimates presented for Level B harassment of northern 
bottlenose whales (Hyperoodon ampullatus), dwarf sperm/pygmy sperm 
whales (Kogia spp.), bottlenose dolphins (Tursiops truncatus), and 
harbor seals (Phoca vitulina). This action also corrects errors in the 
mortality estimates presented for gray seals (Haliochoerus grypus) and 
harbor seals.
    The Federal Register proposed rule indicated that written comments 
were due by August 10, 2015, which allowed 30 calendar days for public 
input. NMFS has decided to extend the public comment period by 7 
calendar days, to August 17, 2015, which allows a total of 37 days for 
public input.

DATES: NMFS has extended the public comment period for this action from 
August 10, 2015, to August 17, 2015. NMFS must receive written comments 
and information no later than August 17, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0078, by any of the following methods:
     Electronic submission: Submit all electronic public 
comments via the federal e-Rulemaking Portal. Go to 
www.regulations.gov, enter 0648-BF02 in the ``Search'' box, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Comments should be addressed to Jolie Harrison, 
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East West Highway, 
Silver Spring, MD 20910.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Attachments to electronic comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. To 
help NMFS process and review comments more efficiently, please use only 
one method to submit comments. All comments received are a part of the 
public record. NMFS will generally post the comments on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information. 
NMFS will accept anonymous comments (enter N/A in the required fields 
if you wish to remain anonymous).

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

SUPPLEMENTARY INFORMATION:

Background

    NMFS published a proposed rule on July 9, 2015 (80 FR 39542) to 
establish a framework for authorizing the take of marine mammals 
incidental to the NEFSC's fisheries research activities in the Atlantic 
coast region for a five-year period, 2015-2020. NMFS refers the reader 
to the July 9, 2015, Federal Register notice (80 FR 39542) for 
background information concerning the proposed regulations. The 
information in the notice of proposed rulemaking is not repeated here.
    This correction revises the description contained in the preamble 
of the estimates of five species of marine mammals to be taken by Level 
B harassment and the estimates of gray and harbor seals to be taken by 
mortality.

Need for Correction

    As published, the preamble to the final regulations contains errors 
or typos which may prove to be misleading and need to be clarified. 
These errors and omissions were also incorrectly recorded within the 
regulatory text and should be clarified there as well.
    1. On page 39588, in Table 11, the entries for harbor seal, gray 
seal, and unidentified pinniped are corrected to read as follows:

[[Page 46940]]



                        Table 11--Total Estimated M/SI + Level A Due to Gear Interaction in the Atlantic Coast Region, 2015-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Est. 5-year total,    Est. 5-year total,    Est. 5-year total,    Est. 5-year total,   Total, all
                       Species                              trawl \1\            gillnet \1\          longline \1\          fyke net \1\         gears
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Harbor seal.........................................                     5                     5                     0                     5          15
 
                                                                      * * * * * * *
Gray seal...........................................                     5                     5                     0                     5          15
 
                                                                      * * * * * * *
Unidentified pinniped...............................                     1                     1                     1                     1           4
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Please see preceding text for derivation of take estimates.
 * * * * * * *

    2. On page 39595, in Table 20, the entries for Kogia spp., gray 
seal, and harbor seal are corrected to read as follows:

                  Table 20--Summary Information Related to Proposed Annual Take Authorization in the Atlantic Coast Region, 2015-2020.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Estimated
                                                           Proposed total    Percent of   Proposed total M/    maximum
                       Species \1\                         annual Level B     estimated      SI + Level A     annual M/   PBR \3\   % PBR \4\    Stock
                                                             harassment      population     authorization,   SI + Level                        trend \5\
                                                            authorization                     2015-2020         A \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Kogia spp...............................................                24          0.63                  0           0        n/a  .........         ?
 
                                                                      * * * * * * *
 
                                                                      * * * * * * *
Gray seal...............................................     \7\ 10; 8,000          2.42                 15         3.6      1,469       0.25    [uarr]
 
                                                                      * * * * * * *
 
                                                                      * * * * * * *
Harbor seal.............................................        \7\ 1,678;          2.48                 15         3.6      1,662       0.22         ?
                                                                    20,000
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ For species with multiple stocks in the Atlantic coast regions or for species groups (Kogia spp. and Mesoplodont beaked whales), indicated level of
  take could occur to individuals from any stock or species (not including coastal and estuarine stocks of bottlenose dolphins).
\2\ This column represents the total number of incidents of M/SI + Level A that could potentially accrue to the specified species or stock and is the
  number carried forward for evaluation in the negligible impact analysis (later in this document). To reach this total, we add one to the total for
  each pinniped or delphinid that may be captured in longline or gillnet gear, one to the total for each delphinid that may be captured in trawl gear,
  and one pinniped that may be captured in fyke net gear. This represents the potential that the take of an unidentified pinniped or delphinid could
  accrue to any given stock captured in that gear. The proposed take authorization is formulated as a five-year total; the annual average is used only
  for purposes of negligible impact analysis. We recognize that portions of an animal may not be taken in a given year.
\3\ See Table 3 and following discussion for more detail regarding PBR.
\4\ Estimated maximum annual M/SI + Level A expressed as a percentage of PBR.
\5\ See relevant SARs for more information regarding stock status and trends. Interannual increases may not be interpreted as evidence of a trend.
 * * * * * * *
\7\ The first number represents estimated annual Level B take by acoustic sources. The second number represents estimated annual Level B take by the
  physical disturbance during surveys in Penobscot Bay.


[[Page 46941]]

    3. On page 39595, in Table 20, add a new entry for the northern 
bottlenose whale to read as follows:

                   Table 20--Summary Information Related to Proposed Annual Take Authorization in the Atlantic Coast Region, 2015-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Estimated
                                                           Proposed total    Percent of   Proposed total M/    maximum
                       Species \1\                         annual Level B     estimated      SI + Level A     annual M/   PBR \3\   % PBR \4\    Stock
                                                             harassment      population     authorization,   SI + Level                        trend \5\
                                                            authorization                     2015-2020         A \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Harbor seal.............................................        \7\ 1,678;          2.48                 15         3.6      1,662       0.22         ?
                                                                    20,000
 
                                                                      * * * * * * *
Northern bottlenose whale...............................                10           n/a                  0           0        n/a  .........         ?
 
                                                                      * * * * * * *
Unidentified delphinids.................................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ For species with multiple stocks in the Atlantic coast regions or for species groups (Kogia spp. and Mesoplodont beaked whales), indicated level of
  take could occur to individuals from any stock or species (not including coastal and estuarine stocks of bottlenose dolphins).
\2\ This column represents the total number of incidents of M/SI + Level A that could potentially accrue to the specified species or stock and is the
  number carried forward for evaluation in the negligible impact analysis (later in this document). To reach this total, we add one to the total for
  each pinniped or delphinid that may be captured in longline or gillnet gear, one to the total for each delphinid that may be captured in trawl gear,
  and one pinniped that may be captured in fyke net gear. This represents the potential that the take of an unidentified pinniped or delphinid could
  accrue to any given stock captured in that gear. The proposed take authorization is formulated as a five-year total; the annual average is used only
  for purposes of negligible impact analysis. We recognize that portions of an animal may not be taken in a given year.
\3\ See Table 3 and following discussion for more detail regarding PBR.
\4\ Estimated maximum annual M/SI + Level A expressed as a percentage of PBR.
\5\ See relevant SARs for more information regarding stock status and trends. Interannual increases may not be interpreted as evidence of a trend.
 * * * * * * *
\7\ The first number represents estimated annual Level B take by acoustic sources. The second number represents estimated annual Level B take by the
  physical disturbance during surveys in Penobscot Bay.

List of Subjects in 50 CFR Part 219

    Exports, Fish, Imports, Indians, Labeling, Marine mammals, 
Penalties, Reporting and recordkeeping requirements, Seafood, 
Transportation.

    Accordingly, 50 CFR part 219 is corrected as follows:

PART 219--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

Subpart D--Taking Marine Mammals Incidental to Northeast Fisheries 
Science Center Fisheries Research in the Atlantic Coast Region

0
1. The authority citation for part 219 continues to read as follows:

    Authority:  16 U.S.C. 1361 et seq.

0
2. In Sec.  219.33:
0
A. Revise paragraph (b)(1)(i)(H).
0
B. Revise paragraph (b)(1)(i)(K).
0
C. Add paragraph (b)(1)(i)(Z).
0
D. Revise paragraph (b)(1)(ii)(A).
0
E. Revise paragraph (b)(1)(ii)(C).
0
F. Revise paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B).
0
G. Revise paragraph (b)(4)(ii)(A).
    The revisions and addition are set out below:


Sec.  219.33  Permissible methods of taking.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (H) Pygmy or dwarf sperm whale (Kogia spp.)--24;
* * * * *
    (K) Bottlenose dolphin (Tursiops truncatus)--1,294;
* * * * *
    (Z) Northern bottlenose whale (Hyperoodon ampullatus)--10;
* * * * *
    (ii) * * *
    (A) Gray seal (Halichoerus grypus)--8,010;
* * * * *
    (C) Harbor seal (Phoca vitulina)--21,678.
* * * * *
    (2) * * *
    (ii) * * *
    (A) Gray seal--5;
    (B) Harbor seal--5;
* * * * *
    (4) * * *
    (ii) * * *
    (A) Gray seal--5;
* * * * *

    Dated: July 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-19310 Filed 8-5-15; 8:45 am]
 BILLING CODE 3510-22-P