81 FR 23677 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range		23677-23678
FR Document		2016-09352

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

Federal Register, Volume 81 Issue 78 (Friday, April 22, 2016)

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23677-23678]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE080


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 Southeast Fisheries Science Center (SEFSC) 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 SEFSC'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 SEFSC's 
application and request.

DATES: Comments and information must be received no later than May 23, 
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 SEFSC's application may be obtained by 
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The SEFSC 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

[[Page 23678]]

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 April 6, 2016, NMFS received an adequate and complete 
application from the SEFSC requesting authorization for take of marine 
mammals incidental to fisheries research conducted by the SEFSC. The 
requested regulations would be valid for five years from the date of 
issuance. The SEFSC plans to conduct fisheries research surveys in 
multiple geographic regions within the Atlantic Ocean, including the 
Gulf of Mexico and Caribbean Sea. It is possible that marine mammals 
may interact with fishing gear (e.g., trawls nets, longlines) used in 
SEFSC's fisheries research projects, resulting in injury, serious 
injury, or mortality. In addition, the SEFSC 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 SEFSC 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 SEFSC is 
the research arm of NMFS in the southeast U.S., including the 
Caribbean.
    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 
SEFSC 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 SEFSC'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 SEFSC, if appropriate.

    Dated: April 19, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-09352 Filed 4-21-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices 23677

an administrative review for comply with this requirement may suggestions, and comments on the
Husqvarna.4 result in the Department’s presumption SEFSC’s application and request.
On January 27, 2016, the Department that reimbursement of antidumping DATES: Comments and information must
exercised its discretion to toll its duties occurred and the subsequent be received no later than May 23, 2016.
administrative deadlines due to the assessment of doubled antidumping ADDRESSES: Comments on the
closure of the Federal Government.5 duties. applications should be addressed to
Thus, the deadline for withdrawing a Jolie Harrison, Chief, Permits and
Notification Regarding Administrative
request for an administrative review was Conservation Division, Office of
Protective Orders
extended by four business days to April Protected Resources, National Marine
12, 2016.6 Therefore, the withdrawals of This notice also serves as a reminder Fisheries Service. Physical comments
the review requests filed on April 12, to parties subject to administrative should be sent to 1315 East-West
2016, with respect to Husqvarna in this protective order (APO) of their Highway, Silver Spring, MD 20910 and
administrative review were timely. responsibility concerning the electronic comments should be sent to
disposition of proprietary information ITP.Laws@noaa.gov.
Rescission of Administrative Review in disclosed under APO, in accordance
Part Instructions: NMFS is not responsible
with 19 CFR 351.305(a)(3). Timely for comments sent by any other method,
Pursuant to 19 CFR 351.213(d)(1), the written notification of the return or to any other address or individual, or
Department will rescind an destruction of APO materials or received after the end of the comment
administrative review, ‘‘in whole or in conversion to judicial protective order is period. Comments received
part, if a party that requested a review hereby requested. Failure to comply electronically, including all
withdraws the request within 90 days of with the regulations and the terms of an attachments, must not exceed a 25-
the date of publication of notice of APO is a sanctionable violation. megabyte file size. Attachments to
initiation of the requested review.’’ This notice is issued and published in electronic comments will be accepted in
Because the petitioner and Husqvarna accordance with sections 751(a)(1) and Microsoft Word or Excel or Adobe PDF
withdrew their review requests in a 777(i)(1) of the Act and 19 CFR file formats only. All comments
timely manner, and because no other 351.213(d)(4). received are a part of the public record
party requested a review of Husqvarna, Dated: April 18, 2016. and will generally be posted to the
we are rescinding the administrative Christian Marsh, Internet at www.nmfs.noaa.gov/pr/
review in part with respect to permits/incidental/research.htm
Deputy Assistant Secretary for Antidumping
Husqvarna. and Countervailing Duty Operations. without change. All personal identifying
Assessment [FR Doc. 2016–09417 Filed 4–21–16; 8:45 am] information (e.g., name, address)
BILLING CODE 3510–DS–P voluntarily submitted by the commenter
The Department will instruct U.S. may be publicly accessible. Do not
Customs and Border Protection (CBP) to submit confidential business
assess antidumping duties on all information or otherwise sensitive or
DEPARTMENT OF COMMERCE
appropriate entries. For Husqvarna, for protected information.
which the review is rescinded, National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Ben
antidumping duties shall be assessed at Administration
the rate equal to the cash deposit of Laws, Office of Protected Resources,
estimated antidumping duties required NMFS, (301) 427–8401.
RIN 0648–XE080
at the time of entry, or withdrawal from SUPPLEMENTARY INFORMATION:
warehouse, for consumption, in Taking and Importing Marine Availability
accordance with 19 CFR Mammals; Taking Marine Mammals
351.212(c)(1)(i). The Department Incidental to Fisheries Research An electronic copy of the SEFSC’s
intends to issue appropriate assessment application may be obtained by visiting
AGENCY: National Marine Fisheries the Internet at: www.nmfs.noaa.gov/pr/
instructions to CBP within 15 days after
Service (NMFS), National Oceanic and permits/incidental/research.htm. The
publication of this notice.
Atmospheric Administration (NOAA), SEFSC is concurrently releasing a draft
Notifications to Importers Commerce. Environmental Assessment, prepared
This notice serves as a final reminder ACTION: Notice; receipt of application for pursuant to requirements of the
to importers of their responsibility Letters of Authorization; request for National Environmental Policy Act, for
under 19 CFR 351.402(f)(2) to file a comments and information. the conduct of their fisheries research.
certificate regarding the reimbursement A copy of the draft EA, which would
SUMMARY: NMFS’ Office of Protected also support our proposed rulemaking
of antidumping duties prior to
Resources has received a request from under the MMPA, is available at the
liquidation of the relevant entries
the NMFS Southeast Fisheries Science same Web site.
during this review period. Failure to
Center (SEFSC) for authorization to take
small numbers of marine mammals Background
4 See the letters of withdrawals of requests for
review from the petitioner and Husqvarna dated incidental to conducting fisheries Section 101(a)(5)(A) of the MMPA (16
April 12, 2016. research, over the course of five years U.S.C. 1361 et seq.) directs the Secretary
5 See Memorandum to the Record from Ron
from the date of issuance. Pursuant to of Commerce (Secretary) to allow, upon
Lorentzen, Acting Assistant Secretary for
mstockstill on DSK4VPTVN1PROD with NOTICES

regulations implementing the Marine request, the incidental, but not
Enforcement and Compliance, regarding ‘‘Tolling of
Administrative Deadlines As a Result of the Mammal Protection Act (MMPA), NMFS intentional, taking of small numbers of
Government Closure During Snowstorm ‘Jonas’’’ is announcing receipt of the SEFSC’s marine mammals by U.S. citizens who
dated January 27, 2016. request for the development and engage in a specified activity (other than
6 See the memorandum to the File entitled
implementation of regulations commercial fishing) if certain findings
‘‘Diamond Sawblades and Parts Thereof from the
People’s Republic of China: Telephone
governing the incidental taking of are made and regulations are issued.
Conversation Concerning Deadline for Withdrawing marine mammals. NMFS invites the Incidental taking shall be allowed if
Review Request’’ dated April 1, 2016. public to provide information, NMFS finds that the taking will have a

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23678 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices

negligible impact on the species or managing marine fin and shellfish SUMMARY: The South Atlantic Fishery
stock(s) affected and will not have an species and their habitats, with that Management Council, in conjunction
unmitigable adverse impact on the responsibility delegated within NOAA with the Mid-Atlantic Fishery
availability of the species or stock(s) for to NMFS. Management Council, will hold a
taking for subsistence uses, and if the In order to direct and coordinate the Question and Answer (Q&A) public
permissible methods of taking and collection of scientific information meeting to address cobia management
requirements pertaining to the needed to make informed management issues in Kill Devil Hills, NC.
mitigation, monitoring and reporting of decisions, Congress created six Regional DATES: The Cobia Q&A public meeting
such taking are set forth. Fisheries Science Centers, each a will be held beginning at 6 p.m. on May
NMFS has defined ‘‘negligible distinct organizational entity and the 9, 2016.
impact’’ in 50 CFR 216.103 as ‘‘an scientific focal point within NMFS for ADDRESSES:
impact resulting from the specified region-based federal fisheries-related Meeting address: The meeting will be
activity that cannot be reasonably research. This research is aimed at held at the Hilton Garden Inn Outer
expected to, and is not reasonably likely monitoring fish stock recruitment, Banks/Kitty Hawk, 5353 N. Virginia
to, adversely affect the species or stock abundance, survival and biological Dare Trail, Kitty Hawk, NC 27949;
through effects on annual rates of rates, geographic distribution of species phone: (252) 261–1290; fax: (252) 255–
recruitment or survival.’’ Except with and stocks, ecosystem process changes, 0153. The meeting will be broadcast via
respect to certain activities not pertinent and marine ecological research. The webinar as it occurs. Registration is
here, the MMPA defines ‘‘harassment’’ SEFSC is the research arm of NMFS in required and information will be posted
as: ‘‘any act of pursuit, torment, or the southeast U.S., including the
annoyance which (i) has the potential to on the South Atlantic Council’s Web
Caribbean. site at www.safmc.net as it becomes
injure a marine mammal or marine Research is aimed at monitoring fish
mammal stock in the wild [Level A available.
stock recruitment, survival and Council addresses: South Atlantic
harassment]; or (ii) has the potential to biological rates, abundance and
disturb a marine mammal or marine Fishery Management Council, 4055
geographic distribution of species and Faber Place Drive, Suite 201, N.
mammal stock in the wild by causing stocks, and providing other scientific
disruption of behavioral patterns, Charleston, SC 29405; Mid-Atlantic
information needed to improve our Fishery Management Council, 800 North
including, but not limited to, migration, understanding of complex marine
breathing, nursing, breeding, feeding, or State Street, Suite 201, Dover, DE 19901.
ecological processes. The SEFSC
sheltering [Level B harassment].’’ FOR FURTHER INFORMATION CONTACT: Kim
proposes to administer and conduct
Iverson, Public Information Officer,
Summary of Request these survey programs over the five-year
SAFMC; phone: (843) 571–4366 or toll
period.
On April 6, 2016, NMFS received an free: (866) SAFMC–10; fax: (843) 769–
adequate and complete application from Information Solicited 4520; email: kim.iverson@safmc.net.
the SEFSC requesting authorization for Interested persons may submit SUPPLEMENTARY INFORMATION: The
take of marine mammals incidental to information, suggestions, and comments original notice published in the Federal
fisheries research conducted by the Register on April 15, 2016 (81 FR
concerning the SEFSC’s request (see
SEFSC. The requested regulations 22214). In the SUPPLEMENTARY
ADDRESSES). NMFS will consider all
would be valid for five years from the INFORMATION, it stated that the 2015
information, suggestions, and comments
date of issuance. The SEFSC plans to recreational catch was 1,540,775
related to the request during the
conduct fisheries research surveys in pounds, 123% over the recreational
development of proposed regulations
multiple geographic regions within the Annual Catch Limit (ACL) of 690,000
governing the incidental taking of
Atlantic Ocean, including the Gulf of pounds. It should read the 2015
marine mammals by the SEFSC, if
Mexico and Caribbean Sea. It is possible recreational catch was 1,540,775
appropriate.
that marine mammals may interact with pounds, 123% over the recreational
fishing gear (e.g., trawls nets, longlines) Dated: April 19, 2016.
Annual Catch Limit (ACL) of 630,000
used in SEFSC’s fisheries research Donna S. Wieting, pounds. All other previously published
projects, resulting in injury, serious Director, Office of Protected Resources, information remains the same.
injury, or mortality. In addition, the National Marine Fisheries Service.
Dated: April 19, 2016.
SEFSC operates active acoustic devices [FR Doc. 2016–09352 Filed 4–21–16; 8:45 am]
that have the potential to disturb marine Tracey L. Thompson,
BILLING CODE 3510–22–P
mammals. Because the specified Acting Deputy Director, Office of Sustainable
activities have the potential to take Fisheries, National Marine Fisheries Service.
marine mammals present within these DEPARTMENT OF COMMERCE [FR Doc. 2016–09426 Filed 4–21–16; 8:45 am]
action areas, the SEFSC requests BILLING CODE 3510–22–P
authorization to take multiple species of National Oceanic and Atmospheric
marine mammal that may occur in these Administration
areas. DEPARTMENT OF COMMERCE
Fisheries of the South Atlantic; South
Specified Activities Atlantic Fishery Management Council National Oceanic and Atmospheric
The Federal Government has a and Mid-Atlantic Fishery Management Administration
Council; Public Meeting; Correction
mstockstill on DSK4VPTVN1PROD with NOTICES

responsibility to conserve and protect Submission for OMB Review;
living marine resources in U.S. federal AGENCY: National Marine Fisheries Comment Request
waters and has also entered into a Service (NMFS), National Oceanic and
number of international agreements and Atmospheric Administration (NOAA), The Department of Commerce will
treaties related to the management of Commerce. submit to the Office of Management and
living marine resources in international Budget (OMB) for clearance the
ACTION: Notice of correction of a public
waters outside the United States. NOAA following proposal for collection of
meeting notice.
has the primary responsibility for information under the provisions of the

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Document Created: 2017-08-22 23:36:45
Document Modified: 2017-08-22 23:36:45

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 May 23, 2016.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 23677
RIN Number		0648-XE08

81 FR 23677 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 78 (April 22, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration