81 FR 64440 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 182 (September 20, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 182 (September 20, 2016)
| Page Range | 64440-64441 | |
| FR Document | 2016-22583 |
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)] [Notices] [Pages 64440-64441] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22583] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE877 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities 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. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the Sonoma County Water Agency (SCWA) for authorization to take marine mammals incidental to conducting estuary management activities in the Russian River, CA, over the course of five years. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of SCWA'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 SCWA's application and request. DATES: Comments and information must be received no later than October 20, 2016. ADDRESSES: Comments on the application 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 ITP.Laws@noaa.gov. 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 online at www.nmfs.noaa.gov/pr/permits/incidental/construction.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 Electronic copies of SCWA's application and separate monitoring plan may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above. 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 September 2, 2016, NMFS received an adequate and complete application from SCWA requesting authorization for take of marine mammals incidental to Russian River estuary management activities in Sonoma County, California. The requested regulations would be valid for five years, from April 21, 2017, through April 20, 2022. The proposed action requires the use of heavy equipment (e.g., bulldozer, excavator) and increased human presence, as well as the use of small boats. As a result, pinnipeds hauled out on the beach or at peripheral haul-outs in the estuary may exhibit behavioral responses that indicate incidental take by Level B harassment under the MMPA. [[Page 64441]] Therefore, SCWA requests authorization to incidentally take marine mammals. NMFS has previously issued seven consecutive one-year incidental harassment authorizations (IHA) to SCWA, for take of marine mammals incidental to similar specified activities. SCWA was first issued an IHA, effective on April 1, 2010 (75 FR 17382), and was subsequently issued one-year IHAs for incidental take associated with the same activities, effective on April 21, 2011 (76 FR 23306), April 21, 2012 (77 FR 24471), April 21, 2013 (78 FR 23746), April 21, 2014 (79 FR 20180), April 21, 2015 (80 FR 24237), and April 21, 2016 (81 FR 22050). Monitoring reports submitted to NMFS as a condition of previously- issued IHAs are available online at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Specified Activities SCWA plans to manage the naturally-formed barrier beach at the mouth of the Russian River in order to minimize potential for flooding adjacent to the estuary and to enhance habitat for juvenile salmonids, as well as to conduct biological and physical monitoring of the barrier beach and estuary. Flood control-related breaching of barrier beach at the mouth of the river may include artificial breaches, as well as construction and maintenance of a lagoon outlet channel. The latter activity, an alternative management technique conducted to mitigate impacts of flood control on rearing habitat for Endangered Species Act (ESA)-listed salmonids, occurs only from May 15 through October 15 (the ``lagoon management period''). Artificial breaching and monitoring activities may occur at any time during the period of validity of the proposed regulations. Information Solicited Interested persons may submit information, suggestions, and comments concerning SCWA'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 SCWA, if appropriate. Dated: September 13, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-22583 Filed 9-19-16; 8:45 am] BILLING CODE 3510-22-P
![64440 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices
Street, Warwick, RI 02886; telephone: Atmospheric Administration (NOAA), permits/incidental/construction.htm. In
(401) 734–9600. Commerce. case of problems accessing these
Council address: New England ACTION: Notice; receipt of application for documents, please call the contact listed
Fishery Management Council, 50 Water Letters of Authorization; request for above.
Street, Mill 2, Newburyport, MA 01950. comments and information. Background
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director, SUMMARY: NMFS has received a request Section 101(a)(5)(A) of the MMPA (16
New England Fishery Management from the Sonoma County Water Agency U.S.C. 1361 et seq.) directs the Secretary
Council; telephone: (978) 465–0492. (SCWA) for authorization to take marine of Commerce (Secretary) to allow, upon
mammals incidental to conducting request, the incidental, but not
SUPPLEMENTARY INFORMATION: estuary management activities in the intentional, taking of small numbers of
Agenda Russian River, CA, over the course of marine mammals by U.S. citizens who
five years. Pursuant to regulations engage in a specified activity (other than
The Monkfish Advisory Panel will
implementing the Marine Mammal commercial fishing) if certain findings
receive an overview from the Monkfish
Protection Act (MMPA), NMFS is are made and regulations are issued.
Plan Development Team on draft
announcing receipt of SCWA’s request Incidental taking shall be allowed if
alternatives for Framework 10 regarding
for the development and NMFS finds that the taking will have a
specifications for FY 2017–19 and days-
implementation of regulations negligible impact on the species or
at-sea allocation and/or possession limit
governing the incidental taking of stock(s) affected and will not have an
alternatives. They will also develop
marine mammals. NMFS invites the unmitigable adverse impact on the
recommendations to the Monkfish
public to provide information, availability of the species or stock(s) for
Committee regarding Framework 10
suggestions, and comments on SCWA’s taking for subsistence uses, and if the
alternatives as well as discuss other
application and request. permissible methods of taking and
business, as necessary.
DATES: Comments and information must requirements pertaining to the
Although non-emergency issues not
contained in this agenda may come be received no later than October 20, mitigation, monitoring and reporting of
before this group for discussion, those 2016. such taking are set forth.
issues may not be the subject of formal ADDRESSES: Comments on the NMFS has defined ‘‘negligible
action during this meeting. Action will application should be addressed to Jolie impact’’ in 50 CFR 216.103 as ‘‘an
be restricted to those issues specifically Harrison, Chief, Permits and impact resulting from the specified
listed in this notice and any issues Conservation Division, Office of activity that cannot be reasonably
arising after publication of this notice Protected Resources, National Marine expected to, and is not reasonably likely
that require emergency action under Fisheries Service. Physical comments to, adversely affect the species or stock
section 305(c) of the Magnuson-Stevens should be sent to 1315 East-West through effects on annual rates of
Act, provided the public has been Highway, Silver Spring, MD 20910 and recruitment or survival.’’ Except with
notified of the Council’s intent to take electronic comments should be sent to respect to certain activities not pertinent
final action to address the emergency. ITP.Laws@noaa.gov. here, the MMPA defines ‘‘harassment’’
Instructions: NMFS is not responsible as: ‘‘any act of pursuit, torment, or
Special Accommodations for comments sent by any other method, annoyance which (i) has the potential to
This meeting is physically accessible to any other address or individual, or injure a marine mammal or marine
to people with disabilities. Requests for received after the end of the comment mammal stock in the wild [Level A
sign language interpretation or other period. Comments received harassment]; or (ii) has the potential to
auxiliary aids should be directed to electronically, including all disturb a marine mammal or marine
Thomas A. Nies, Executive Director, at attachments, must not exceed a 25- mammal stock in the wild by causing
(978) 465–0492, at least 5 days prior to megabyte file size. Attachments to disruption of behavioral patterns,
the meeting date. electronic comments will be accepted in including, but not limited to, migration,
Authority: 16 U.S.C. 1801 et seq. Microsoft Word or Excel or Adobe PDF breathing, nursing, breeding, feeding, or
file formats only. All comments sheltering [Level B harassment].’’
Dated: September 15, 2016. received are a part of the public record
Tracey L. Thompson, and will generally be posted online at Summary of Request
Acting Deputy Director, Office of Sustainable www.nmfs.noaa.gov/pr/permits/ On September 2, 2016, NMFS
Fisheries, National Marine Fisheries Service. incidental/construction.htm without received an adequate and complete
[FR Doc. 2016–22626 Filed 9–19–16; 8:45 am] change. All personal identifying application from SCWA requesting
BILLING CODE 3510–22–P information (e.g., name, address) authorization for take of marine
voluntarily submitted by the commenter mammals incidental to Russian River
may be publicly accessible. Do not estuary management activities in
DEPARTMENT OF COMMERCE submit confidential business Sonoma County, California. The
information or otherwise sensitive or requested regulations would be valid for
National Oceanic and Atmospheric protected information. five years, from April 21, 2017, through
Administration
FOR FURTHER INFORMATION CONTACT: Ben April 20, 2022. The proposed action
Laws, Office of Protected Resources, requires the use of heavy equipment
RIN 0648–XE877 (e.g., bulldozer, excavator) and
sradovich on DSK3GMQ082PROD with NOTICES
NMFS, (301) 427–8401.
Taking and Importing Marine SUPPLEMENTARY INFORMATION: increased human presence, as well as
Mammals; Taking Marine Mammals the use of small boats. As a result,
Availability pinnipeds hauled out on the beach or at
Incidental to Russian River Estuary
Management Activities Electronic copies of SCWA’s peripheral haul-outs in the estuary may
application and separate monitoring exhibit behavioral responses that
AGENCY: National Marine Fisheries plan may be obtained by visiting the indicate incidental take by Level B
Service (NMFS), National Oceanic and Internet at: www.nmfs.noaa.gov/pr/ harassment under the MMPA.
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![Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices 64441
Therefore, SCWA requests authorization DEPARTMENT OF COMMERCE 18 U.S.C. 202(a), an SGE is an officer or
to incidentally take marine mammals. employee of an agency who is retained,
National Oceanic and Atmospheric designated, appointed, or employed to
NMFS has previously issued seven
Administration perform temporary duties, with or
consecutive one-year incidental
harassment authorizations (IHA) to without compensation, not to exceed
National Sea Grant Advisory Board 130 days during any period of 365
SCWA, for take of marine mammals (NSGAB) consecutive days, either on a fulltime or
incidental to similar specified activities.
AGENCY: National Oceanic and intermittent basis. Please be aware that
SCWA was first issued an IHA, effective after the selection process is complete,
on April 1, 2010 (75 FR 17382), and was Atmospheric Administration (NOAA)
Department of Commerce (DOC). applicants selected to serve on the
subsequently issued one-year IHAs for Board must complete the following
incidental take associated with the same ACTION: Notice of solicitation for
nominations for the National Sea Grant actions before they can be appointed as
activities, effective on April 21, 2011 (76 a Board member: (a) Security clearance
FR 23306), April 21, 2012 (77 FR Advisory Board and notice of public
meeting. (on-line background security check
24471), April 21, 2013 (78 FR 23746), process and fingerprinting), and other
April 21, 2014 (79 FR 20180), April 21, SUMMARY: This notice responds to applicable forms, both conducted
2015 (80 FR 24237), and April 21, 2016 Section 209 of the Sea Grant Program through NOAA Workforce Management;
(81 FR 22050). Monitoring reports Improvement Act of 1976 (Pub. L. 94– and (b) Confidential Financial
submitted to NMFS as a condition of 461, 33 U.S.C. 1128), which requires the Disclosure Report—As an SGE, you are
previously-issued IHAs are available Secretary of Commerce (Secretary) to required to file a Confidential Financial
online at: www.nmfs.noaa.gov/pr/ solicit nominations at least once a year Disclosure Report annually to avoid
permits/incidental/construction.htm. for membership on the National Sea involvement in a real or apparent
Grant Advisory Board (Board), a Federal conflict of interest. You may find the
Specified Activities Advisory Committee that provides Confidential Financial Disclosure
SCWA plans to manage the naturally- advice on the implementation of the Report at the following Web site:
formed barrier beach at the mouth of the National Sea Grant College Program https://www.oge.gov/Web/oge.nsf/0/
(NSGCP). To apply for membership to 98A9E45F947BE66B85257EC1006
Russian River in order to minimize
the Board, applicants should submit a 4B655/$FILE/oge450%20
potential for flooding adjacent to the
current resume to Mrs. Jennifer Hinden (June%202015)%20(fillable).pdf.
estuary and to enhance habitat for
using the methods under the FOR FOR FURTHER INFORMATION CONTACT:
juvenile salmonids, as well as to
FURTHER INFORMATION CONTACT section. Nominations will be accepted by email
conduct biological and physical A cover letter highlighting specific areas or mail. They should be sent to the
monitoring of the barrier beach and of expertise relevant to the purpose of attention of Mrs. Jennifer Hinden,
estuary. Flood control-related breaching the Board is helpful, but not required. National Sea Grant College Program,
of barrier beach at the mouth of the river National Oceanic and Atmospheric National Oceanic and Atmospheric
may include artificial breaches, as well Administration (NOAA) is an equal Administration, 1315 East-West
as construction and maintenance of a opportunity employer. Highway, SSMC 3, Room 11717, Silver
lagoon outlet channel. The latter This notice also sets forth the Spring, Maryland 20910, or
activity, an alternative management schedule and proposed agenda of a Jennifer.Hinden@noaa.gov. If you need
technique conducted to mitigate forthcoming meeting of the Board. additional assistance, call 301–734–
impacts of flood control on rearing Board members will discuss and 1083.
habitat for Endangered Species Act provide advice on the NSGCP in the For any additional questions
(ESA)-listed salmonids, occurs only areas of program evaluation, strategic concerning the meeting, please contact
from May 15 through October 15 (the planning, education and extension, Mrs. Hinden using the contact
‘‘lagoon management period’’). Artificial science and technology programs, and information above.
breaching and monitoring activities may other matters as described in the agenda ADDRESSES: The meeting will be held at
occur at any time during the period of found on the National Sea Grant College the Newport Marriott Hotel located at 25
validity of the proposed regulations. Program Web site at http:// America’s Cup Avenue, Newport, RI
seagrant.noaa.gov/WhoWeAre/ 02840.
Information Solicited Leadership/NationalSeaGrantAdvisory Status: The meeting will be open to
Board/UpcomingAdvisory public participation with a 15-minute
Interested persons may submit BoardMeetings.aspx.
information, suggestions, and comments public comment period on Sunday,
concerning SCWA’s request (see DATES: Solicitation of nominations is October 9, 2016 at 11:45 a.m. Check the
ADDRESSES). NMFS will consider all open ended. Resumes may be sent to agenda on the Web site to confirm time.
Mrs. Jennifer Hinden using the methods The Board expects that public
information, suggestions, and comments
under the FOR FURTHER INFORMATION statements presented at its meetings will
related to the request during the not be repetitive of previously
CONTACT section, at any time.
development of proposed regulations submitted verbal or written statements.
The announced meeting is scheduled
governing the incidental taking of for Sunday, October 9, 2016 from 9:00 In general, each individual or group
marine mammals by SCWA, if a.m. to 1:30 p.m. EDT, and Monday, making a verbal presentation will be
appropriate. limited to a total time of three (3)
sradovich on DSK3GMQ082PROD with NOTICES
October 10, 2016 from 8:00 a.m. to 11:00
Dated: September 13, 2016. a.m. EDT. minutes. Written comments should be
Donna S. Wieting, Individuals Selected for Federal received by Mrs. Jennifer Hinden using
Advisory Committee Membership: Upon the methods under the FOR FURTHER
Director, Office of Protected Resources,
National Marine Fisheries Service.
selection and agreement to serve on the INFORMATION CONTACT section by Friday,
Board, you become a Special September 30, 2016 to provide sufficient
[FR Doc. 2016–22583 Filed 9–19–16; 8:45 am]
Government Employee (SGE) of the time for the Board review. Comments
BILLING CODE 3510–22–P
United States Government. According to received after the deadline will be
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Document Created: 2018-02-09 13:20:13
Document Modified: 2018-02-09 13:20:13
| 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 October 20, 2016. | |
| Contact | Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 81 FR 64440 | |
| RIN Number | 0648-XE87 |
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