80 FR 49196 - 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 158 (August 17, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 158 (August 17, 2015)
| Page Range | 49196-49197 | |
| FR Document | 2015-20302 |
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)] [Proposed Rules] [Pages 49196-49197] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20302] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 219 [Docket No. 150413360-5701-03] 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. ----------------------------------------------------------------------- SUMMARY: This document contains corrections to the preamble to the proposed rule published on August 6, 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 typographical errors in the annual estimates presented for Level B harassment of northern bottlenose whales (Hyperoodon ampullatus) from 10 to 12. This change accounts for the annual estimate of level B harassment for this species in both inshore (10 individuals) and offshore waters (2 individuals) in the Atlantic coast region. The Federal Register proposed rule published on July 9, 2015, indicated that written comments were due by August 10, 2015, which allowed 30 calendar days for public input. On August 6, 2015, NMFS published a correction and extended the public comment period to August 17, 2015. NMFS has decided to extend the public comment period by an additional 30 calendar days for public input. DATES: The comment period for the proposed rule published July 9, 2015, at 80 FR 39542, extended August 6, 2015, at 80 FR 46939, has been further extended. NMFS must receive written comments and information no later than September 16, 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 [[Page 49197]] 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 presented in the notice of proposed rulemaking is not repeated here. NMFS also published a correction to the proposed rule on August 6, 2015 (80 FR 46939). This correction revises the description contained in the preamble of the estimates of northern bottlenose whales (Hyperoodon ampullatus) to be taken by Level B harassment from 10 to 12. This correction presents the total annual estimate of level B harassment for this species in both inshore (10) and offshore waters (2) in the Atlantic coast region. The correction does not affect NMFS' preliminary determinations presented in the proposed rule (80 FR 39542, July 9, 2015). Need for Correction As published, the preamble to the proposed regulations contains errors or typographical mistakes which need to be clarified. These errors and omissions were also incorrectly recorded within the proposed regulatory text and should be clarified there as well. 1. On page 46941, in Table 20, the entries for northern bottlenose whales are corrected to read as follows: Table 20--Summary Information Related to Proposed Annual Take Authorization in the Atlantic Coast Region, 2015-2020 -------------------------------------------------------------------------------------------------------------------------------------------------------- Proposed total Proposed total M/ annual Level B Percent of SI + Level A Estimated maximum Stock trend Species \1\ harassment estimated authorization, annual M/SI + PBR \3\ % PBR \4\ \5\ authorization population 2015-2020 Level A \2\ -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Northern bottlenose whale..... 12 n/a 0 0 n/a -- ? -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * \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. * * * * * * * 2 . On page 46941, in the center column, in the amendatory text for Sec. 219.33, remove ``(Z) Northern bottlenose whale (Hyperoodon ampullatus)--10;'' and add ``(Z) Northern bottlenose whale (Hyperoodon ampullatus)--12;'' in its place. Dated: August 11, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2015-20302 Filed 8-14-15; 8:45 am] BILLING CODE 3510-22-P
![49196 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules
is proposing to amend the applicable VI. Legal Authority calendar days for public input. On
gasoline RVP standard to allow the The statutory authority for this action August 6, 2015, NMFS published a
gasoline RVP requirements to rise from is granted to the EPA by Sections 211(h) correction and extended the public
7.8 psi to 9.0 psi provided at 40 CFR and 301(a) of the Clean Air Act, as comment period to August 17, 2015.
80.27(a)(2) for the two counties. This amended; 42 U.S.C. 7545(h) and NMFS has decided to extend the public
proposal to approve North Carolina’s 7601(a). comment period by an additional 30
request to relax the summertime ozone calendar days for public input.
season gasoline RVP standard for List of Subjects in 40 CFR Part 80 DATES: The comment period for the
Mecklenburg and Gaston counties from Environmental protection, proposed rule published July 9, 2015, at
7.8 psi to 9.0 psi is based on the Administrative practice and procedures, 80 FR 39542, extended August 6, 2015,
previous approval of North Carolina’s Air pollution control, Fuel additives, at 80 FR 46939, has been further
March 11, 2015 redesignation request Gasoline, Motor vehicle and motor extended. NMFS must receive written
and maintenance plan and non- vehicle engines, Motor vehicle comments and information no later than
interference demonstration. It is also pollution, Penalties, Reporting and September 16, 2015.
based on the fact that the Charlotte area recordkeeping requirements. ADDRESSES: You may submit comments
is currently in attainment for the both on this document, identified by NOAA–
the 1997 ozone NAAQS and the 2008 Dated: August 5, 2015.
NMFS–2015–0078, by any of the
ozone NAAQS. Gina McCarthy,
following methods:
Administrator. • Electronic submission: Submit all
IV. Direct Final Rule [FR Doc. 2015–20245 Filed 8–14–15; 8:45 am] electronic public comments via the
A direct final rule that would make BILLING CODE 6560–50–P federal e-Rulemaking Portal. Go to
the same changes as those proposed in www.regulations.gov, enter 0648–BF02
this action appears in the Rules and in the ‘‘Search’’ box, click the
Regulations section of this Federal DEPARTMENT OF COMMERCE ‘‘Comment Now!’’ icon, complete the
Register. The EPA is taking direct final required fields, and enter or attach your
action on these revisions because the National Oceanic and Atmospheric comments.
EPA views the revisions as Administration • Mail: Comments should be
noncontroversial and anticipates no addressed to Jolie Harrison, Chief,
adverse comment. The EPA has 50 CFR Part 219 Permits and Conservation Division,
explained the reasons for the [Docket No. 150413360–5701–03] Office of Protected Resources, National
amendments in this proposal and in the Marine Fisheries Service, 1315 East
direct final rule. If no adverse comments RIN 0648–BF02 West Highway, Silver Spring, MD
are received, no further action will be 20910.
taken on the proposal, and the direct Taking and Importing Marine Instructions: NMFS is not responsible
final rule will become effective as Mammals; Taking Marine Mammals for comments sent by any other method,
provided in that action. Incidental to Northeast Fisheries to any other address or individual, or
If the EPA receives adverse comments Science Center Fisheries Research; received after the end of the comment
on the rule or any portion of the rule, Correction period. Attachments to electronic
the EPA will withdraw the direct final AGENCY: National Marine Fisheries comments will be accepted in Microsoft
rule or the portion of the rule that Service (NMFS), National Oceanic and Word or Excel or Adobe PDF file
received adverse comment. The EPA Atmospheric Administration (NOAA), formats only. To help NMFS process
will publish a timely withdrawal in the Commerce. and review comments more efficiently,
Federal Register indicating which please use only one method to submit
ACTION: Proposed rule; correction;
provisions are being withdrawn. All comments. All comments received are a
extension of public comment period.
public comments received will then be part of the public record. NMFS will
addressed in a subsequent final rule SUMMARY: This document contains generally post the comments on
based on this proposed rule. The EPA corrections to the preamble to the www.regulations.gov without change.
will not institute a second comment proposed rule published on August 6, All personal identifying information
period on the subsequent final action. 2015, that would establish a framework (e.g., name, address) voluntarily
Any parties interested in commenting for authorizing the take of marine submitted by the commenter may be
must do so at this time. mammals incidental to the NEFSC’s publicly accessible. Do not submit
The changes to the regulatory text fisheries research activities in the confidential business information or
proposed in this document are identical Atlantic coast region for a five-year otherwise sensitive or protected
to those for the direct final rule period, 2015–2020. This action is information. NMFS will accept
published in the Rules and Regulations necessary to correct typographical errors anonymous comments (enter N/A in the
section of this Federal Register. For in the annual estimates presented for required fields if you wish to remain
further information, including the Level B harassment of northern anonymous).
regulatory revisions, see the direct final bottlenose whales (Hyperoodon FOR FURTHER INFORMATION CONTACT:
rule published in a separate part of this ampullatus) from 10 to 12. This change Jeannine Cody, Office of Protected
Federal Register. accounts for the annual estimate of level Resources, NMFS, (301) 427–8401.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
B harassment for this species in both SUPPLEMENTARY INFORMATION:
V. Statutory and Executive Order
inshore (10 individuals) and offshore
Reviews Background
waters (2 individuals) in the Atlantic
For a complete discussion of all the coast region. NMFS published a proposed rule on
administrative requirements applicable The Federal Register proposed rule July 9, 2015 (80 FR 39542) to establish
to this action, see the direct final rule in published on July 9, 2015, indicated a framework for authorizing the take of
the Rules and Regulations section of this that written comments were due by marine mammals incidental to the
Federal Register. August 10, 2015, which allowed 30 NEFSC’s fisheries research activities in
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![Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules 49197
the Atlantic coast region for a five-year of the estimates of northern bottlenose Need for Correction
period, 2015–2020. NMFS refers the whales (Hyperoodon ampullatus) to be
reader to the July 9, 2015, Federal taken by Level B harassment from 10 to As published, the preamble to the
Register notice (80 FR 39542) for proposed regulations contains errors or
12. This correction presents the total
background information concerning the typographical mistakes which need to
annual estimate of level B harassment
proposed regulations. The information be clarified. These errors and omissions
for this species in both inshore (10) and
presented in the notice of proposed were also incorrectly recorded within
offshore waters (2) in the Atlantic coast the proposed regulatory text and should
rulemaking is not repeated here. NMFS region. The correction does not affect
also published a correction to the be clarified there as well.
NMFS’ preliminary determinations
proposed rule on August 6, 2015 (80 FR 1. On page 46941, in Table 20, the
presented in the proposed rule (80 FR
46939). This correction revises the entries for northern bottlenose whales
39542, July 9, 2015).
description contained in the preamble are corrected to read as follows:
TABLE 20—SUMMARY INFORMATION RELATED TO PROPOSED ANNUAL TAKE AUTHORIZATION IN THE ATLANTIC COAST
REGION, 2015–2020
Proposed total Proposed total
Percent of Estimated
annual Level B M/SI + Level A Stock
Species 1 estimated maximum annual PBR 3 % PBR 4
harassment authorization, trend 5
population M/SI + Level A 2
authorization 2015–2020
* * * * * * *
Northern
bottlenose
whale ............. 12 n/a 0 0 n/a — ?
* * * * * * *
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.
* * * * * * *
2 . On page 46941, in the center ampullatus)—10;’’ and add ‘‘(Z) Dated: August 11, 2015.
column, in the amendatory text for Northern bottlenose whale (Hyperoodon Eileen Sobeck,
§ 219.33, remove ‘‘(Z) Northern ampullatus)—12;’’ in its place. Assistant Administrator for Fisheries,
bottlenose whale (Hyperoodon National Marine Fisheries Service.
[FR Doc. 2015–20302 Filed 8–14–15; 8:45 am]
BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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Document Created: 2015-12-15 11:06:35
Document Modified: 2015-12-15 11:06:35
| 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 | Proposed Rules | |
| Action | Proposed rule; correction; extension of public comment period. | |
| Dates | The comment period for the proposed rule published July 9, 2015, at 80 FR 39542, extended August 6, 2015, at 80 FR 46939, has been further extended. NMFS must receive written comments and information no later than September 16, 2015. | |
| Contact | Jeannine Cody, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 80 FR 49196 | |
| RIN Number | 0648-BF02 |
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