80_FR_68726 80 FR 68512 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research

80 FR 68512 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 214 (November 5, 2015)

Page Range68512-68513
FR Document2015-28221

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that Letters of Authorization (LOA) have been issued to the NMFS Southwest Fisheries Science Center (SWFSC) for the take of marine mammals incidental to fisheries research conducted in multiple specified geographical regions.

Federal Register, Volume 80 Issue 214 (Thursday, November 5, 2015) 
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68512-68513]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28221]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE268


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

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

ACTION: Notice of issuance of Letters of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that Letters of Authorization (LOA) have been issued to the NMFS 
Southwest Fisheries Science Center (SWFSC) for the take of marine 
mammals incidental to fisheries research conducted in multiple 
specified geographical regions.

DATES: Effective from October 30, 2015, through October 29, 2020.

ADDRESSES: The LOAs and supporting documentation are available on the 
Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In 
case of problems accessing these documents, please call the contact 
listed above (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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 April 25, 2013, we received an adequate and complete request 
from SWFSC for authorization to take marine mammals incidental to 
fisheries research activities. On February 13, 2015 (80 FR 8166), we 
published a notice of proposed rulemaking in the Federal Register, 
requesting comments and information related to the SWFSC request for 
thirty days. The final rule was published in the Federal Register on 
September 30, 2015 (80 FR 58982). For detailed information on this 
action, please refer to those documents. The regulations include 
mitigation, monitoring, and reporting requirements for the incidental 
take of marine mammals during fisheries research activities in three 
separate specified geographic regions.
    SWFSC conducts fisheries research using pelagic trawl gear used at 
various levels in the water column, pelagic longlines with multiple 
hooks, bottom-contact trawls, and other gear. If a marine mammal 
interacts with gear deployed by SWFSC, the outcome could potentially be 
Level A harassment, serious injury (i.e., any injury that will likely 
result in mortality), or mortality. We pooled the estimated number of 
incidents of take resulting from gear interactions and assessed the 
potential impacts accordingly. SWFSC also uses various active acoustic 
devices in the conduct of fisheries research, and use of

[[Page 68513]]

these devices has the potential to result in Level B harassment of 
marine mammals. Level B harassment of pinnipeds hauled out on ice may 
also occur, in the Antarctic only, as a result of visual disturbance 
from vessels conducting SWFSC research.
    The SWFSC conducts fisheries research surveys in the California 
Current Ecosystem (CCE), the Eastern Tropical Pacific (ETP), and the 
Antarctic Marine Living Resources Ecosystem (AMLR). As required by the 
MMPA, SWFSC's request was considered separately for each specified 
geographical region, and three separate LOAs have been issued. In the 
CCE, SWFSC is authorized to take individuals of seventeen species by 
Level A harassment, serious injury, or mortality (M/SI + Level A) and 
of 34 species by Level B harassment. In the ETP, SWFSC is authorized to 
take individuals of eleven species by M/SI + Level A and of 31 species 
by Level B harassment. In the AMLR, SWFSC is authorized to take 
individuals of seventeen species by Level B harassment. No takes by M/
SI + Level A are anticipated in the AMLR.

Authorization

    We have issued LOAs to SWFSC authorizing the take of marine mammals 
incidental to fishery research activities, as described above. Take of 
marine mammals will be minimized through implementation of the 
following mitigation measures: (1) Implementation of a ``move-on'' rule 
in certain circumstances that is expected to reduce the potential for 
physical interaction with marine mammals; (2) use of a marine mammal 
excluder device in certain trawl nets; and (3) use of acoustic 
deterrent devices on certain trawl nets. Additionally, the rule 
includes an adaptive management component that allows for timely 
modification of mitigation or monitoring measures based on new 
information, when appropriate. The SWFSC will submit reports as 
required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under these LOAs 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: November 2, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-28221 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-22-P

68512 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices notified the ITC of the magnitude of the Dated: October 30, 2015. that the taking will have a negligible margins likely to prevail should the Paul Piquado, impact on the species or stock(s), will order be revoked.4 On October 30, 2015, Assistant Secretary for Enforcement and not have an unmitigable adverse impact the ITC published its determination, Compliance. on the availability of the species or pursuant to section 751(c) of the Act, [FR Doc. 2015–28250 Filed 11–4–15; 8:45 am] stock(s) for subsistence uses (where that revocation of the antidumping duty BILLING CODE 3510–DS–P relevant), and if the permissible order on barium chloride from the PRC methods of taking and requirements would likely lead to a continuation or pertaining to the mitigation, monitoring recurrence of material injury to an DEPARTMENT OF COMMERCE and reporting of such takings are set industry in the United States within a forth. NMFS has defined ‘‘negligible National Oceanic and Atmospheric impact’’ in 50 CFR 216.103 as ‘‘an reasonably foreseeable time.5 Administration impact resulting from the specified Scope of the Order RIN 0648–XE268 activity that cannot be reasonably expected to, and is not reasonably likely The merchandise covered by the order Taking and Importing Marine to, adversely affect the species or stock is barium chloride, a chemical Mammals; Taking Marine Mammals through effects on annual rates of compound having the formulas BaCl2 or Incidental to Southwest Fisheries recruitment or survival.’’ BaCl2–2H2O, currently classifiable Science Center Fisheries Research Except with respect to certain under item number 2827.39.45.00 of the activities not pertinent here, the MMPA Harmonized Tariff Schedule of the AGENCY: National Marine Fisheries defines ‘‘harassment’’ as: Any act of United States (‘‘HTSUS’’).6 Although Service (NMFS), National Oceanic and pursuit, torment, or annoyance which (i) the HTSUS item number is provided for Atmospheric Administration (NOAA), has the potential to injure a marine convenience and for U.S. Customs and Commerce. mammal or marine mammal stock in the Border Protection purposes, the written ACTION: Notice of issuance of Letters of wild [Level A harassment]; or (ii) has description remains dispositive. Authorization. the potential to disturb a marine mammal or marine mammal stock in the Continuation of the Order SUMMARY: In accordance with the wild by causing disruption of behavioral Marine Mammal Protection Act patterns, including, but not limited to, As a result of the determinations by (MMPA), as amended, and migration, breathing, nursing, breeding, the Department and the ITC that implementing regulations, notification feeding, or sheltering [Level B revocation of the AD order would likely is hereby given that Letters of harassment]. lead to a continuation or recurrence of Authorization (LOA) have been issued Summary of Request dumping and material injury to an to the NMFS Southwest Fisheries industry in the United States, pursuant Science Center (SWFSC) for the take of On April 25, 2013, we received an to section 751(d)(2) of the Act, the marine mammals incidental to fisheries adequate and complete request from Department hereby orders the research conducted in multiple SWFSC for authorization to take marine continuation of the AD order on barium specified geographical regions. mammals incidental to fisheries chloride from the PRC. U.S. Customs DATES: Effective from October 30, 2015, research activities. On February 13, and Border Protection will continue to through October 29, 2020. 2015 (80 FR 8166), we published a notice of proposed rulemaking in the collect AD cash deposits at the rates in ADDRESSES: The LOAs and supporting Federal Register, requesting comments effect at the time of entry for all imports documentation are available on the and information related to the SWFSC of subject merchandise. The effective Internet at: www.nmfs.noaa.gov/pr/ request for thirty days. The final rule date of the continuation of the order permits/incidental/research.htm. In case was published in the Federal Register will be the date of publication in the of problems accessing these documents, on September 30, 2015 (80 FR 58982). Federal Register of this notice of please call the contact listed above (see For detailed information on this action, continuation. Pursuant to section FOR FURTHER INFORMATION CONTACT). please refer to those documents. The 751(c)(2) of the Act, the Department FOR FURTHER INFORMATION CONTACT: Ben regulations include mitigation, intends to initiate the next five-year Laws, Office of Protected Resources, monitoring, and reporting requirements review of the order not later than 30 NMFS, (301) 427–8401. for the incidental take of marine days prior to the fifth anniversary of the SUPPLEMENTARY INFORMATION: mammals during fisheries research effective date of continuation. This five- activities in three separate specified Background year (‘‘sunset’’) review and this notice geographic regions. are in accordance with section 751(c) of Sections 101(a)(5)(A) and (D) of the SWFSC conducts fisheries research the Act and published pursuant to MMPA (16 U.S.C. 1361 et seq.) direct using pelagic trawl gear used at various section 777(i)(1) of the Act. the Secretary of Commerce to allow, levels in the water column, pelagic upon request, the incidental, but not longlines with multiple hooks, bottom- intentional, taking of small numbers of contact trawls, and other gear. If a 4 See Barium Chloride from the People’s Republic marine mammals by U.S. citizens who marine mammal interacts with gear of China: Final Results of Expedited Fourth Sunset engage in a specified activity (other than deployed by SWFSC, the outcome could Review of the Antidumping Duty Order, 80 FR commercial fishing) within a specified potentially be Level A harassment, 36973 (June 29, 2015) and accompanying Issues and geographical region if certain findings serious injury (i.e., any injury that will jstallworth on DSK7TPTVN1PROD with NOTICES Decision Memorandum. 5 See Barium Chloride From China: are made and either regulations are likely result in mortality), or mortality. issued or, if the taking is limited to We pooled the estimated number of Determination, 80 FR 66935 (October 30, 2015); see also Barium Chloride from China (Inv. No. 731– harassment, a notice of a proposed incidents of take resulting from gear TA–149 (Fourth Review), USITC Publication 4574 authorization is provided to the public interactions and assessed the potential (October 2015)). for review. impacts accordingly. SWFSC also uses 6 The scope reflects the HTSUS item number An authorization for incidental various active acoustic devices in the currently in effect. takings shall be granted if NMFS finds conduct of fisheries research, and use of VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1

Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 68513 these devices has the potential to result DEPARTMENT OF COMMERCE 1917 (fax) or Delisse Ortiz at 240–681– in Level B harassment of marine 9037. mammals. Level B harassment of National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The pinnipeds hauled out on ice may also Administration Atlantic shark fisheries are managed occur, in the Antarctic only, as a result RIN 0648–XE244 under the authority of the Magnuson- of visual disturbance from vessels Stevens Fishery Conservation and conducting SWFSC research. Atlantic Highly Migratory Species; Management Act (Magnuson-Stevens The SWFSC conducts fisheries Atlantic Shark Management Measures; Act). The Consolidated HMS Fishery research surveys in the California 2016 Research Fishery Management Plan (FMP) is Current Ecosystem (CCE), the Eastern implemented by regulations at 50 CFR AGENCY: National Marine Fisheries Tropical Pacific (ETP), and the Antarctic part 635. Service (NMFS), National Oceanic and Marine Living Resources Ecosystem The shark research fishery was Atmospheric Administration (NOAA), (AMLR). As required by the MMPA, established, in part, to maintain time Commerce. SWFSC’s request was considered series data for stock assessments and to separately for each specified ACTION: Notice of intent; request for meet NMFS’ research objectives. Since geographical region, and three separate applications. the shark research fishery was LOAs have been issued. In the CCE, SUMMARY: NMFS announces its request established in 2008, the research fishery SWFSC is authorized to take individuals for applications for the 2016 shark has allowed for: The collection of of seventeen species by Level A research fishery from commercial shark fishery-dependent data for current and harassment, serious injury, or mortality fishermen with directed or incidental future stock assessments; the operation (M/SI + Level A) and of 34 species by shark limited access permits. The shark of cooperative research to meet NMFS’ Level B harassment. In the ETP, SWFSC research fishery allows for the collection ongoing research objectives; the is authorized to take individuals of of fishery-dependent and biological data collection of updated life-history eleven species by M/SI + Level A and for future stock assessments and to meet information used in the sandbar shark of 31 species by Level B harassment. In the research objectives of the Agency. (and other species) stock assessment; the AMLR, SWFSC is authorized to take The only commercial vessels authorized the collection of data on habitat individuals of seventeen species by to land sandbar sharks are those preferences that might help reduce Level B harassment. No takes by M/SI participating in the shark research fishery interactions through bycatch + Level A are anticipated in the AMLR. fishery. Shark research fishery mitigation; evaluation of the utility of permittees may also land other large the mid-Atlantic closed area on the Authorization coastal sharks (LCS), small coastal recovery of dusky sharks and collection We have issued LOAs to SWFSC sharks (SCS), and pelagic sharks. of hook-timer and pop-up satellite authorizing the take of marine mammals Commercial shark fishermen who are archival tag (PSAT) information to incidental to fishery research activities, interested in participating in the shark determine at-vessel and post-release as described above. Take of marine research fishery need to submit a mortality of dusky sharks; and mammals will be minimized through completed Shark Research Fishery collection of sharks to determine the implementation of the following Permit Application in order to be weight conversion factor from dressed mitigation measures: (1) Implementation considered. weight to whole weight. of a ‘‘move-on’’ rule in certain The shark research fishery allows DATES: Shark Research Fishery selected commercial fishermen the circumstances that is expected to reduce the potential for physical interaction Applications must be received no later opportunity to earn revenue from selling with marine mammals; (2) use of a than 5 p.m., local time, on December 7, additional sharks, including sandbar marine mammal excluder device in 2015. sharks. Only the commercial shark certain trawl nets; and (3) use of ADDRESSES: Please submit completed fishermen selected to participate in the acoustic deterrent devices on certain applications to the HMS Management shark research fishery are authorized to trawl nets. Additionally, the rule Division at: land sandbar sharks subject to the includes an adaptive management • Mail: Attn: Guý DuBeck, HMS sandbar quota available each year. The component that allows for timely Management Division (F/SF1), NMFS, base quota is 90.7 metric tons (mt) modification of mitigation or monitoring 1315 East-West Highway, Silver Spring, dressed weight (dw), although this measures based on new information, MD 20910. number may be reduced in the event of when appropriate. The SWFSC will • Fax: (301) 713–1917. overharvests, if any. The selected shark submit reports as required. • Email: NMFS.Research.Fishery@ research fishery permittees will also be noaa.gov. allowed to land other LCS, SCS, and Based on these findings and the For copies of the Shark Research information discussed in the preamble pelagic sharks per any restrictions Fishery Permit Application, please write established on their shark research to the final rule, the activities described to the HMS Management Division at the fishery permit. Generally, the shark under these LOAs will have a negligible address listed above, call (301) 427– impact on marine mammal stocks and research fishery permits are valid only 8503 (phone), or fax a request to (301) for the calendar year for which they are will not have an unmitigable adverse 713–1917. Copies of the Shark Research issued. impact on the availability of the affected Fishery Application are also available at marine mammal stock for subsistence The specific 2016 trip limits and the HMS Web site at http:// number of trips per month will depend jstallworth on DSK7TPTVN1PROD with NOTICES uses. www.nmfs.noaa.gov/sfa/hms/index.htm. on the availability of funding, number of Dated: November 2, 2015. Additionally, please be advised that selected vessels, the availability of Perry F. Gayaldo, your application may be released under observers, the available quota, and the Deputy Director, Office of Protected the Freedom of Information Act. objectives of the research fishery and Resources, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: will be included in the permit terms at [FR Doc. 2015–28221 Filed 11–4–15; 8:45 am] Karyl Brewster-Geisz or Guý DuBeck, at time of issuance. The number of BILLING CODE 3510–22–P (301) 427–8503 (phone) or (301) 713– participants in the research fishery VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1


Document Created: 2015-12-14 15:03:49
Document Modified: 2015-12-14 15:03:49
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 of issuance of Letters of Authorization.
DatesEffective from October 30, 2015, through October 29, 2020.
ContactBen Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation80 FR 68512 
RIN Number0648-XE26
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