80 FR 52256 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 167 (August 28, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 167 (August 28, 2015)
| Page Range | 52256-52257 | |
| FR Document | 2015-21298 |
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)] [Notices] [Pages 52256-52257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21298] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE103 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. ----------------------------------------------------------------------- SUMMARY: NMFS' Office of Protected Resources has received a request from the NMFS Northwest Fisheries Science Center (NWFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the NWFSC's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the NWFSC's application and request. DATES: Comments and information must be received no later than September 28, 2015. ADDRESSES: Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]. 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. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to the Internet at www.nmfs.noaa.gov/pr/permits/incidental/research.htm 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. FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Availability An electronic copy of the NWFSC's application may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The NWFSC is concurrently releasing a draft Environmental Assessment, prepared pursuant to requirements of the National Environmental Policy Act, for the conduct of their fisheries research. A copy of the draft EA, which would also support our proposed rulemaking under the MMPA, is available at the same Web site. Background Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) if certain findings are made and regulations are issued. Incidental taking shall be allowed if NMFS finds that the taking will have a negligible impact on the species or stock(s) affected and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. 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 August 10, 2015, NMFS received an application from the NWFSC [[Page 52257]] requesting authorization for take of marine mammals incidental to fisheries research conducted by the NWFSC. The requested regulations would be valid for five years from the date of issuance. The NWFSC plans to conduct fisheries research surveys in the Pacific Ocean, within the California Current, Puget Sound, and the Columbia River. It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in NWFSC's fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the NWFSC operates active acoustic devices that have the potential to disturb marine mammals. Because the specified activities have the potential to take marine mammals present within these action areas, the NWFSC requests authorization to take multiple species of marine mammal that may occur in these areas. Specified Activities The Federal Government has a responsibility to conserve and protect living marine resources in U.S. federal waters and has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside the United States. NOAA has the primary responsibility for managing marine fin and shellfish species and their habitats, with that responsibility delegated within NOAA to NMFS. In order to direct and coordinate the collection of scientific information needed to make informed management decisions, Congress created six Regional Fisheries Science Centers, each a distinct organizational entity and the scientific focal point within NMFS for region-based federal fisheries-related research. This research is aimed at monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research. The NWFSC is the research arm of NMFS in the Pacific Northwest. Research is aimed at monitoring fish stock recruitment, survival and biological rates, abundance and geographic distribution of species and stocks, and providing other scientific information needed to improve our understanding of complex marine ecological processes. The NWFSC proposes to administer and conduct these survey programs over the five-year period. Several of these surveys also use active acoustic devices. Information Solicited Interested persons may submit information, suggestions, and comments concerning the NWFSC's request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by the NWFSC, if appropriate. Dated: August 21, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-21298 Filed 8-27-15; 8:45 am] BILLING CODE 3510-22-P
![52256 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices
physiology, habitat use, and diving DEPARTMENT OF COMMERCE submit confidential business
behavior of Southern Ocean pinnipeds information or otherwise sensitive or
and the factors that affect and constrain National Oceanic and Atmospheric protected information.
their foraging and at-sea behaviors and Administration FOR FURTHER INFORMATION CONTACT: Ben
how these ecological and physiological RIN 0648–XE103 Laws, Office of Protected Resources,
factors (1) vary in space and time, (2) NMFS, (301) 427–8401.
influence and constrain the behavior of Taking and Importing Marine SUPPLEMENTARY INFORMATION:
these species, (3) are impacted by Mammals; Taking Marine Mammals Availability
environmental change, and (4) compare Incidental to Fisheries Research
with other marine mammal species. To An electronic copy of the NWFSC’s
accomplish these objectives, the AGENCY: National Marine Fisheries application may be obtained by visiting
applicant proposes to capture and Service (NMFS), National Oceanic and the Internet at: www.nmfs.noaa.gov/pr/
sample leopard (Hydrurga leptonyx), Atmospheric Administration (NOAA), permits/incidental/research.htm. The
crabeater (Lobodon carcinophaga), Commerce. NWFSC is concurrently releasing a draft
southern elephant (Mirounga leonina), ACTION: Notice; receipt of application for Environmental Assessment, prepared
Ross (Ommatophoca rossii), Weddell letter of authorization; request for pursuant to requirements of the
(Leptonychotes weddellii), and Antarctic comments and information. National Environmental Policy Act, for
fur (Arctocephalus gazella) seals the conduct of their fisheries research.
SUMMARY: NMFS’ Office of Protected A copy of the draft EA, which would
throughout their range for five years.
Resources has received a request from also support our proposed rulemaking
Researchers may capture up to 40
the NMFS Northwest Fisheries Science under the MMPA, is available at the
animals per species per year at sites Center (NWFSC) for authorization to same Web site.
throughout their range to collect tissue take small numbers of marine mammals
samples, morphometrics, and metabolic incidental to conducting fisheries Background
and physiological measurements, apply research, over the course of five years Section 101(a)(5)(A) of the MMPA (16
identifying marks, and attach from the date of issuance. Pursuant to U.S.C. 1361 et seq.) directs the Secretary
instruments; as well as an additional 50 regulations implementing the Marine of Commerce (Secretary) to allow, upon
pups of each species for marking, Mammal Protection Act (MMPA), NMFS request, the incidental, but not
morphometrics, and minimal sample is announcing receipt of the NWFSC’s intentional, taking of small numbers of
collection. An additional 100 each of request for the development and marine mammals by U.S. citizens who
crabeater seals, leopard seals, and Ross implementation of regulations engage in a specified activity (other than
seals, 500 southern elephant seals, and governing the incidental taking of commercial fishing) if certain findings
1000 each of Weddell seals and marine mammals. NMFS invites the are made and regulations are issued.
Antarctic fur seals may be taken public to provide information, Incidental taking shall be allowed if
annually via Level B harassment by suggestions, and comments on the NMFS finds that the taking will have a
incidental disturbance during captures, NWFSC’s application and request. negligible impact on the species or
opportunistic sample collection, and stock(s) affected and will not have an
DATES: Comments and information must
resights. Unintentional mortality or unmitigable adverse impact on the
be received no later than September 28,
serious injury of up to four animals per availability of the species or stock(s) for
2015.
species annually not to exceed ten taking for subsistence uses, and if the
animals per species over five years is ADDRESSES: Comments on the permissible methods of taking and
requested. Blood and tissue samples applications should be addressed to requirements pertaining to the
would be imported from the Southern Jolie Harrison, Chief, Permits and mitigation, monitoring and reporting of
Ocean and Antarctica to the United Conservation Division, Office of such taking are set forth.
States and exported world-wide for Protected Resources, National Marine NMFS has defined ‘‘negligible
analyses. Fisheries Service. Physical comments impact’’ in 50 CFR 216.103 as ‘‘an
should be sent to 1315 East-West impact resulting from the specified
In compliance with the National Highway, Silver Spring, MD 20910 and activity that cannot be reasonably
Environmental Policy Act of 1969 (42 electronic comments should be sent to expected to, and is not reasonably likely
U.S.C. 4321 et seq.), an initial ITP.Laws@noaa.gov. to, adversely affect the species or stock
determination has been made that the Instructions: NMFS is not responsible through effects on annual rates of
activity proposed is categorically for comments sent by any other method, recruitment or survival.’’ Except with
excluded from the requirement to to any other address or individual, or respect to certain activities not pertinent
prepare an environmental assessment or received after the end of the comment here, the MMPA defines ‘‘harassment’’
environmental impact statement. period. Comments received as: ‘‘Any act of pursuit, torment, or
Concurrent with the publication of electronically, including all annoyance which (i) has the potential to
this notice in the Federal Register, attachments, must not exceed a 25- injure a marine mammal or marine
NMFS is forwarding copies of the megabyte file size. Attachments to mammal stock in the wild [Level A
application to the Marine Mammal electronic comments will be accepted in harassment]; or (ii) has the potential to
Commission and its Committee of Microsoft Word or Excel or Adobe PDF disturb a marine mammal or marine
Scientific Advisors. file formats only. All comments mammal stock in the wild by causing
received are a part of the public record disruption of behavioral patterns,
Dated: August 25, 2015.
Lhorne on DSK5TPTVN1PROD with NOTICES
and will generally be posted to the including, but not limited to, migration,
Julia Harrison, Internet at www.nmfs.noaa.gov/pr/ breathing, nursing, breeding, feeding, or
Chief, Permits and Conservation Division, permits/incidental/research.htm sheltering [Level B harassment].’’
Office of Protected Resources, National without change. All personal identifying
Marine Fisheries Service. information (e.g., name, address) Summary of Request
[FR Doc. 2015–21393 Filed 8–27–15; 8:45 am] voluntarily submitted by the commenter On August 10, 2015, NMFS received
BILLING CODE 3510–22–P may be publicly accessible. Do not an application from the NWFSC
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![Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices 52257
requesting authorization for take of Information Solicited Regulatory Flexibility Act Certification
marine mammals incidental to fisheries Interested persons may submit I certify that the following action will
research conducted by the NWFSC. The information, suggestions, and comments not have a significant impact on a
requested regulations would be valid for concerning the NWFSC’s request (see substantial number of small entities.
five years from the date of issuance. The ADDRESSES). NMFS will consider all The major factors considered for this
NWFSC plans to conduct fisheries information, suggestions, and comments certification were:
research surveys in the Pacific Ocean, related to the request during the 1. The action will not result in any
within the California Current, Puget development of proposed regulations additional reporting, recordkeeping or
Sound, and the Columbia River. It is governing the incidental taking of other compliance requirements for small
possible that marine mammals may marine mammals by the NWFSC, if entities other than the small
interact with fishing gear (e.g., trawls appropriate. organizations that will furnish the
nets, longlines) used in NWFSC’s products and service to the Government.
Dated: August 21, 2015.
fisheries research projects, resulting in 2. The action will result in
Donna S. Wieting, authorizing small entities to furnish the
injury, serious injury, or mortality. In
Director, Office of Protected Resources, products and service to the Government.
addition, the NWFSC operates active
National Marine Fisheries Service. 3. There are no known regulatory
acoustic devices that have the potential
to disturb marine mammals. Because the [FR Doc. 2015–21298 Filed 8–27–15; 8:45 am] alternatives which would accomplish
specified activities have the potential to BILLING CODE 3510–22–P the objectives of the Javits-Wagner-
take marine mammals present within O’Day Act (41 U.S.C. 8501–8506) in
these action areas, the NWFSC requests connection with the products and
authorization to take multiple species of service proposed for addition to the
COMMITTEE FOR PURCHASE FROM Procurement List.
marine mammal that may occur in these PEOPLE WHO ARE BLIND OR
areas. SEVERELY DISABLED End of Certification
Specified Activities Accordingly, the following products
Procurement List; Additions and service are added to the
The Federal Government has a Procurement List:
AGENCY: Committee for Purchase From
responsibility to conserve and protect
People Who Are Blind or Severely Products:
living marine resources in U.S. federal
Disabled. NSN(s)—Product Name(s):
waters and has also entered into a
ACTION: Additions to the Procurement 8465–00–NIB–0160—Vest, Physical
number of international agreements and Training, Name Tag Velcro, Blue, Large
treaties related to the management of List.
8465–00–NIB–0161—Vest, Physical
living marine resources in international SUMMARY: This action adds products and Training, Name Tag Velcro, Blue, XLarge
waters outside the United States. NOAA a service to the Procurement List that 8465–00–NIB–0226—Vest, Physical
has the primary responsibility for will be furnished by nonprofit agencies Training, Name Tag Velcro, 3’’ White
managing marine fin and shellfish Reflective Vinyl Numbers, Blue, Large
employing persons who are blind or 8465–00–NIB–0227—Vest, Physical
species and their habitats, with that have other severe disabilities. Training, Name Tag Velcro, 3’’ White
responsibility delegated within NOAA
DATES: Effective Date: 9/28/2015. Reflective Vinyl Numbers, Blue, XLarge
to NMFS. 8465–00–NIB–0180—Vest, Physical
ADDRESSES: Committee for Purchase
In order to direct and coordinate the Training, Name Tag Velcro, Yellow,
From People Who Are Blind or Severely Large
collection of scientific information Disabled, 1401 S. Clark Street, Suite
needed to make informed management 8465–00–NIB–0181—Vest, Physical
715, Arlington, Virginia, 22202–4149. Training, Name Tag Velcro, Yellow,
decisions, Congress created six Regional
FOR FURTHER INFORMATION CONTACT: XLarge
Fisheries Science Centers, each a 8465–00–NIB–0228—Vest, Physical
distinct organizational entity and the Barry S. Lineback, Telephone: (703)
603–7740, Fax: (703) 603–0655, or email Training, Name Tag Velcro, 3’’ White
scientific focal point within NMFS for Reflective Vinyl Numbers, Yellow, Large
CMTEFedReg@AbilityOne.gov.
region-based federal fisheries-related 8465–00–NIB–0229—Vest, Physical
research. This research is aimed at SUPPLEMENTARY INFORMATION: Training, Name Tag Velcro, 3’’ White
monitoring fish stock recruitment, Reflective Vinyl Numbers, Yellow,
Additions XLarge
abundance, survival and biological
On 6/19/2015 (80 FR 35320–35321), 8465–00–NIB–0182—Vest, Physical
rates, geographic distribution of species Training, Name Tag Velcro, Orange,
and stocks, ecosystem process changes, 6/26/2015 (80 FR 36772) and (80 FR
36773–36774) and 7/2/2015 (80 FR Large
and marine ecological research. The 8465–00–NIB–0183—Vest, Physical
NWFSC is the research arm of NMFS in 38179), the Committee for Purchase
Training, Name Tag Velcro, Orange,
From People Who Are Blind or Severely
the Pacific Northwest. XLarge
Disabled published notices of proposed 8465–00–NIB–0230—Vest, Physical
Research is aimed at monitoring fish additions to the Procurement List. Training, Name Tag Velcro, 3’’ White
stock recruitment, survival and After consideration of the material Reflective Vinyl Numbers, Orange, Large
biological rates, abundance and presented to it concerning capability of 8465–00–NIB–0231—Vest, Physical
geographic distribution of species and qualified nonprofit agencies to provide Training, Name Tag Velcro, 3’’ White
stocks, and providing other scientific the products and service and impact of Reflective Vinyl Numbers, Orange,
Lhorne on DSK5TPTVN1PROD with NOTICES
information needed to improve our the additions on the current or most XLarge
understanding of complex marine recent contractors, the Committee has Mandatory Purchase For: Total Government
Requirement
ecological processes. The NWFSC determined that the products and Mandatory Source of Supply: Georgia
proposes to administer and conduct service listed below are suitable for Industries for the Blind, Bainbridge, GA
these survey programs over the five-year procurement by the Federal Government Contracting Activity: Defense Logistics
period. Several of these surveys also use under 41 U.S.C. 8501–8506 and 41 CFR Agency Troop Support
active acoustic devices. 51–2.4. Distribution: A-List
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Document Created: 2015-12-15 11:05:02
Document Modified: 2015-12-15 11:05:02
| 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; receipt of application for letter of authorization; request for comments and information. | |
| Dates | Comments and information must be received no later than September 28, 2015. | |
| Contact | Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 80 FR 52256 | |
| RIN Number | 0648-XE10 |
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