80 FR 75997 - 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 234 (December 7, 2015)

Page Range		75997-75998
FR Document		2015-30760

NMFS' Office of Protected Resources has received a request from the NMFS Pacific Islands Fisheries Science Center (PIFSC) 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 PIFSC'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 PIFSC's application and request.

Federal Register, Volume 80 Issue 234 (Monday, December 7, 2015)

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75997-75998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30760]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE341


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 Letters of Authorization; 
request for comments and information.

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SUMMARY: NMFS' Office of Protected Resources has received a request 
from the NMFS Pacific Islands Fisheries Science Center (PIFSC) 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 PIFSC'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 PIFSC's 
application and request.

DATES: Comments and information must be received no later than January 
6, 2016.

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 PIFSC's application may be obtained by 
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The PIFSC 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 November 30, 2015, NMFS received an adequate and complete 
application from the PIFSC requesting authorization for take of marine 
mammals incidental to fisheries research conducted by the PIFSC. The 
requested regulations would be valid for five years from the date of 
issuance. The PIFSC plans to conduct fisheries research surveys in 
multiple geographic regions within the Pacific Ocean, including Hawaii, 
Samoa, the Marianas, and the western and central Pacific broadly 
(including the Pacific Remote Island Area). It is possible that marine 
mammals may interact with fishing gear (e.g., trawls nets, longlines) 
used in PIFSC's fisheries research projects, resulting in injury, 
serious injury, or mortality. In addition, the PIFSC 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 PIFSC 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

[[Page 75998]]

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 PIFSC is 
the research arm of NMFS in the Pacific Islands.
    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 
PIFSC proposes to administer and conduct these survey programs over the 
five-year period.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the PIFSC'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 PIFSC, if appropriate.

    Dated: December 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-30760 Filed 12-4-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 75997

7. This Authorization may be Conservation Division, Office of mitigation, monitoring and reporting of
modified, suspended or withdrawn if Protected Resources, National Marine such taking are set forth.
the holder fails to abide by the Fisheries Service. Physical comments NMFS has defined ‘‘negligible
conditions prescribed herein, or if should be sent to 1315 East-West impact’’ in 50 CFR 216.103 as ‘‘an
NMFS determines the authorized taking Highway, Silver Spring, MD 20910 and impact resulting from the specified
is having more than a negligible impact electronic comments should be sent to activity that cannot be reasonably
on the species or stock of affected ITP.Laws@noaa.gov. expected to, and is not reasonably likely
marine mammals. Instructions: NMFS is not responsible to, adversely affect the species or stock
for comments sent by any other method, through effects on annual rates of
Request for Public Comments
to any other address or individual, or recruitment or survival.’’
We request comment on our analyses, received after the end of the comment Except with respect to certain
the draft authorization, and any other period. Comments received activities not pertinent here, the MMPA
aspect of this Notice of Proposed IHAs electronically, including all defines ‘‘harassment’’ as: ‘‘any act of
for Navy’s wharf construction activities. attachments, must not exceed a 25- pursuit, torment, or annoyance which (i)
Please include with your comments any megabyte file size. Attachments to has the potential to injure a marine
supporting data or literature citations to electronic comments will be accepted in mammal or marine mammal stock in the
help inform our final decision on Navy’s Microsoft Word or Excel or Adobe PDF wild [Level A harassment]; or (ii) has
request for an MMPA authorization. file formats only. All comments the potential to disturb a marine
Dated: December 2, 2015. received are a part of the public record mammal or marine mammal stock in the
Perry F. Gayaldo, and will generally be posted to the wild by causing disruption of behavioral
Deputy Director, Office of Protected Internet at www.nmfs.noaa.gov/pr/ patterns, including, but not limited to,
Resources, National Marine Fisheries Service. permits/incidental/research.htm migration, breathing, nursing, breeding,
[FR Doc. 2015–30745 Filed 12–4–15; 8:45 am]
without change. All personal identifying feeding, or sheltering [Level B
information (e.g., name, address) harassment].’’
BILLING CODE 3510–22–P
voluntarily submitted by the commenter
may be publicly accessible. Do not Summary of Request
DEPARTMENT OF COMMERCE submit confidential business On November 30, 2015, NMFS
information or otherwise sensitive or received an adequate and complete
National Oceanic and Atmospheric protected information. application from the PIFSC requesting
Administration FOR FURTHER INFORMATION CONTACT: Ben authorization for take of marine
RIN 0648–XE341 Laws, Office of Protected Resources, mammals incidental to fisheries
NMFS, (301) 427–8401. research conducted by the PIFSC. The
Taking and Importing Marine SUPPLEMENTARY INFORMATION: requested regulations would be valid for
Mammals; Taking Marine Mammals five years from the date of issuance. The
Incidental to Fisheries Research Availability PIFSC plans to conduct fisheries
An electronic copy of the PIFSC’s research surveys in multiple geographic
AGENCY: National Marine Fisheries application may be obtained by visiting regions within the Pacific Ocean,
Service (NMFS), National Oceanic and the Internet at: www.nmfs.noaa.gov/pr/ including Hawaii, Samoa, the Marianas,
Atmospheric Administration (NOAA), permits/incidental/research.htm. The and the western and central Pacific
Commerce. PIFSC is concurrently releasing a draft broadly (including the Pacific Remote
ACTION: Notice; receipt of application for Environmental Assessment, prepared Island Area). It is possible that marine
Letters of Authorization; request for pursuant to requirements of the mammals may interact with fishing gear
comments and information. National Environmental Policy Act, for (e.g., trawls nets, longlines) used in
the conduct of their fisheries research. PIFSC’s fisheries research projects,
SUMMARY: NMFS’ Office of Protected
A copy of the draft EA, which would resulting in injury, serious injury, or
Resources has received a request from
also support our proposed rulemaking mortality. In addition, the PIFSC
the NMFS Pacific Islands Fisheries
under the MMPA, is available at the operates active acoustic devices that
Science Center (PIFSC) for authorization
same Web site. have the potential to disturb marine
to take small numbers of marine
mammals. Because the specified
mammals incidental to conducting Background activities have the potential to take
fisheries research, over the course of
Section 101(a)(5)(A) of the MMPA (16 marine mammals present within these
five years from the date of issuance.
U.S.C. 1361 et seq.) directs the Secretary action areas, the PIFSC requests
Pursuant to regulations implementing
of Commerce (Secretary) to allow, upon authorization to take multiple species of
the Marine Mammal Protection Act
request, the incidental, but not marine mammal that may occur in these
(MMPA), NMFS is announcing receipt
intentional, taking of small numbers of areas.
of the PIFSC’s request for the
marine mammals by U.S. citizens who
development and implementation of Specified Activities
engage in a specified activity (other than
regulations governing the incidental
commercial fishing) if certain findings The Federal Government has a
taking of marine mammals. NMFS
are made and regulations are issued. responsibility to conserve and protect
invites the public to provide
Incidental taking shall be allowed if living marine resources in U.S. federal
information, suggestions, and comments
mstockstill on DSK4VPTVN1PROD with NOTICES

NMFS finds that the taking will have a waters and has also entered into a
on the PIFSC’s application and request.
negligible impact on the species or number of international agreements and
DATES: Comments and information must stock(s) affected and will not have an treaties related to the management of
be received no later than January 6, unmitigable adverse impact on the living marine resources in international
2016. availability of the species or stock(s) for waters outside the United States. NOAA
ADDRESSES: Comments on the taking for subsistence uses, and if the has the primary responsibility for
applications should be addressed to permissible methods of taking and managing marine fin and shellfish
Jolie Harrison, Chief, Permits and requirements pertaining to the species and their habitats, with that

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75998 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices

responsibility delegated within NOAA SUMMARY: On November 16, 2015, the authority to proclaim as part of the
to NMFS. Government of the United States HTSUS, modifications to the USMFTA
In order to direct and coordinate the received a request from American Eagle rules of origin set out in Annex 4–A of
collection of scientific information Outfitters (AEO) to initiate consultations the USMFTA as are necessary to
needed to make informed management with the Government of Morocco under implement the USMFTA after
decisions, Congress created six Regional Article 4.3.3 of the USMFTA. AEO is complying with the consultation and
Fisheries Science Centers, each a requesting that the United States and layover requirements of Section 104 of
distinct organizational entity and the Morocco consider revising the rules of the USMFTA Implementation Act. See
scientific focal point within NMFS for origin for women’s and girls’ woven Section 203(j)(2)(B)(i) of the USMFTA
region-based federal fisheries-related garments to address availability of Implementation Act. Executive Order
research. This research is aimed at supply of 100% rayon woven fabric in
11651 established CITA to supervise the
monitoring fish stock recruitment, the territories of the Parties. The
implementation of textile trade
abundance, survival and biological President may proclaim a modification
to the USMFTA rules of origin for agreements and authorizes the
rates, geographic distribution of species
textile and apparel products after Chairman of CITA to take actions or
and stocks, ecosystem process changes,
and marine ecological research. The reaching an agreement with the recommend that appropriate officials or
PIFSC is the research arm of NMFS in Government of Morocco on the agencies of the United States take
the Pacific Islands. modification. CITA hereby solicits actions necessary to implement textile
Research is aimed at monitoring fish public comments on this request, in trade agreements. 37 FR 4699 (March 4,
stock recruitment, survival and particular with regard to whether 100% 1972).
biological rates, abundance and rayon woven fabric of Harmonized On November 16, 2015, the
geographic distribution of species and Tariff Schedule of the United States Government of the United States
stocks, and providing other scientific (HTSUS) subheading 5408 can be received a request from AEO, alleging
information needed to improve our supplied by the U.S. domestic industry that 100% rayon woven fabric cannot be
understanding of complex marine in commercial quantities in a timely supplied by the domestic or Moroccan
ecological processes. The PIFSC manner. Comments must be submitted industry in commercial quantities in a
proposes to administer and conduct by January 6, 2016 to the Chairman, timely manner and requesting that the
these survey programs over the five-year Committee for the Implementation of United States consider whether the
period. Textile Agreements, Room 3001, United USMFTA rule of origin for women’s and
States Department of Commerce,
Information Solicited girls’ woven garments, classified under
Washington, DC 20230.
Interested persons may submit HTSUS chapter 62, should be modified
FOR FURTHER INFORMATION CONTACT:
information, suggestions, and comments to allow the use of non-U.S. and non-
Maria D’Andrea, Office of Textiles and
concerning the PIFSC’s request (see Moroccan 100% woven rayon fabric
Apparel, U.S. Department of Commerce,
ADDRESSES). NMFS will consider all classified in subheading 5408 of the
(202) 482–1550.
information, suggestions, and comments HTSUS.
SUPPLEMENTARY INFORMATION:
related to the request during the CITA is soliciting public comments
Authority: Section 203 (j)(2)(B)(i) of the
development of proposed regulations United States-Morocco Free Trade Agreement regarding this request, particularly with
governing the incidental taking of Implementation Act (19 U.S.C. 3805 note) respect to whether 100% rayon woven
marine mammals by the PIFSC, if (USMFTA Implementation Act); Executive fabric described above can be supplied
appropriate. Order 11651 of March 3, 1972, as amended. by the U.S. domestic industry in
Dated: December 2, 2015. Background: Under the USMFTA, commercial quantities in a timely
Donna S. Wieting, except as otherwise provided in the manner. Comments must be received no
Director, Office of Protected Resources, USMFTA, the Parties are required to later than January 6, 2016. Interested
National Marine Fisheries Service. progressively eliminate customs duties persons are invited to submit six copies
[FR Doc. 2015–30760 Filed 12–4–15; 8:45 am] on originating goods in accordance with of such comments or information to the
BILLING CODE 3510–22–P their schedules. See Article 2.3.2. The Chairman, Committee for the
USMFTA provides that, on the request Implementation of Textile Agreements,
of either Party, the Parties shall consult Room 3001, U.S. Department of
to consider whether the rules of origin Commerce, 14th and Constitution
COMMITTEE FOR THE applicable to a particular textile or Avenue NW., Washington, DC 20230.
IMPLEMENTATION OF TEXTILE apparel good should be revised to
AGREEMENTS CITA will protect any business
address issues of availability of supply
of fibers, yarns, or fabrics in the confidential information that is marked
Request for Public Comment on a business confidential from disclosure to
territories of the Parties. See Article
Commercial Availability Request Under the full extent permitted by law. CITA
4.3.3 of the USMFTA. In the
the U.S.-Morocco Free Trade will make available to the public non-
consultations, each Party must consider
Agreement confidential versions of the request and
data presented by the other Party
December 7, 2015. showing substantial production in its non-confidential versions of any public
AGENCY: Committee for the territory of a particular fiber, yarn, or comments received with respect to a
request in room 3001 in the Herbert
mstockstill on DSK4VPTVN1PROD with NOTICES

Implementation of Textile Agreements fabric. Substantial production has been
(CITA). shown if domestic producers are Hoover Building, 14th and Constitution
ACTION: Request for public comments
capable of supplying commercial Avenue NW., Washington, DC 20230.
concerning a request for modification of quantities of the fiber, yarn, or fabric in Persons submitting comments on a
the U.S.-Morocco Free Trade Agreement a timely manner. See Article 4.3.4 of the request are encouraged to include a non-
(USMFTA) rules of origin for 100% USMFTA.
The USMFTA Implementation Act
rayon woven fabric.
provides the President with the

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Document Created: 2015-12-14 13:31:10
Document Modified: 2015-12-14 13:31:10

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 Letters of Authorization; request for comments and information.
Dates		Comments and information must be received no later than January 6, 2016.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		80 FR 75997
RIN Number		0648-XE34

80 FR 75997 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 234 (December 7, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration