81 FR 64442 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 182 (September 20, 2016)

Page Range		64442-64443
FR Document		2016-22582

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the NMFS Northeast Fisheries Science Center (NEFSC) for the take of marine mammals incidental to fisheries research conducted in the Atlantic coast region.

Federal Register, Volume 81 Issue 182 (Tuesday, September 20, 2016)

[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64442-64443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22582]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE883


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

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

ACTION: Notice of issuance of Letter 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 a Letter of Authorization (LOA) has been issued to the NMFS 
Northeast Fisheries Science Center (NEFSC) for the take of marine 
mammals incidental to fisheries research conducted in the Atlantic 
coast region.

DATES: Effective through September 9, 2021.

ADDRESSES: The LOA and supporting documentation is available online at: 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of 
problems accessing these documents, please call the contact listed 
below.

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 December 17, 2014, we received an adequate and complete request 
from NEFSC for authorization to take marine mammals incidental to 
fisheries research activities. On July 9, 2015 (80 FR 39542), we 
published a notice of proposed rulemaking in the Federal Register, 
requesting comments and information related to the NEFSC request for 
thirty days. We subsequently published corrections to the notice of 
proposed rulemaking in the Federal Register on August 6, 2015 (80 FR 
46939), and August 17, 2015 (80 FR 49196), including an extension of 
the comment period. The final rule was published in the Federal 
Register on August 11, 2016 (81 FR 53061). For

[[Page 64443]]

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 the specified geographic region.
    NEFSC conducts fisheries research using pelagic trawl gear used at 
various levels in the water column, bottom-contact trawl gear, pelagic 
and demersal longlines with multiple hooks, gillnets, fyke nets, 
dredges, pots, traps, and other gear. If a marine mammal interacts with 
gear deployed by NEFSC, 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. NEFSC also uses various active acoustic devices in 
the conduct of fisheries research, and use of these devices has the 
potential to result in Level B harassment of marine mammals. Level B 
harassment of pinnipeds hauled out on land may also occur as a result 
of visual disturbance from vessels conducting NEFSC research.
    The NEFSC conducts fisheries research surveys in the Atlantic coast 
region which spans the United States-Canadian border to Florida. This 
specified geographic region includes the following subareas: the Gulf 
of Maine, Georges Bank, Southern New England waters, the Mid-Atlantic 
Bight, and the coastal waters of northeast Florida. The NEFSC is 
authorized to take individuals of 10 species by Level A harassment, 
serious injury, or mortality (hereafter referred to as M/SI + Level A) 
and of 19 species by Level B harassment.

Authorization

    We have issued an LOA to NEFSC authorizing the take of marine 
mammals incidental to fisheries research activities, as described 
above. Take of marine mammals will be minimized through implementation 
of the following mitigation measures: (1) Required monitoring of the 
sampling areas to detect the presence of marine mammals before 
deployment of pelagic trawl nets, bottom-contact trawl gear, pelagic or 
demersal longline gear, gillnets, fyke nets, pots, traps, and other 
gears; (2) Required implementation of standard tow durations of not 
more than 30 minutes to reduce the likelihood of incidental take of 
marine mammals; (3) Required implementation of the mitigation strategy 
known as the ``move-on rule,'' which incorporates best professional 
judgment, when necessary during trawl and longline operations; (4) 
Required compliance with applicable vessel speed restrictions; and (5) 
Required compliance with applicable and relevant take reduction plans 
for marine mammals. 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 
NEFSC 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: September 13, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-22582 Filed 9-19-16; 8:45 am]
 BILLING CODE 3510-22-P

64442 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices

distributed to the Board, but may not be industry, economics, planning, or any Background
reviewed prior to the meeting date. other activity which is appropriate to, Sections 101(a)(5)(A) and (D) of the
Seats will be available on a first-come, and important for, any effort to enhance MMPA (16 U.S.C. 1361 et seq.) direct
first-serve basis. the understanding, assessment, the Secretary of Commerce to allow,
Special Accomodations: These development, management, utilization, upon request, the incidental, but not
meetings are physically accessible to or conservation of ocean, coastal, and intentional, taking of small numbers of
people with disabilities. Requests for Great Lakes resources. No individual is marine mammals by U.S. citizens who
sign language interpretation or other eligible to be a voting member of the engage in a specified activity (other than
auxiliary aids should be directed to Mrs. Board if the individual is (A) the commercial fishing) within a specified
Jennifer Hinden using the methods director of a Sea Grant College or Sea geographical region if certain findings
under the FOR FURTHER INFORMATION Grant Institute; (B) an applicant for, or are made and either regulations are
CONTACT section by Monday, September beneficiary (as determined by the issued or, if the taking is limited to
26, 2016. Secretary) of, any grant or contract harassment, a notice of a proposed
SUPPLEMENTARY INFORMATION: under section 205 [33 U.S.C. 1124]; or authorization is provided to the public
Established by Section 209 of the Act (C) a full-time officer or employee of the for review.
and as amended the National Sea Grant United States. An authorization for incidental
College Program Amendments Act of Dated: September 14, 2016. takings shall be granted if NMFS finds
2008 (Pub. L. 110–394), the duties of the Jason Donaldson, that the taking will have a negligible
Board are as follows: Chief Financial Officer, Office of Oceanic and impact on the species or stock(s), will
(1) In general. The Board shall advise Atmospheric Research, National Oceanic and not have an unmitigable adverse impact
the Secretary and the National Sea Grant Atmospheric Administration. on the availability of the species or
College Program Director (Director) [FR Doc. 2016–22620 Filed 9–19–16; 8:45 am] stock(s) for subsistence uses (where
concerning: BILLING CODE 3510–KA–P relevant), and if the permissible
(A) Strategies for utilizing the Sea methods of taking and requirements
Grant College Program to address the pertaining to the mitigation, monitoring
Nation’s highest priorities regarding the DEPARTMENT OF COMMERCE and reporting of such takings are set
understanding, assessment, forth. NMFS has defined ‘‘negligible
development, management, utilization, National Oceanic and Atmospheric impact’’ in 50 CFR 216.103 as ‘‘an
and conservation of ocean, coastal, and Administration impact resulting from the specified
Great Lakes resources; activity that cannot be reasonably
(B) The designation of Sea Grant RIN 0648–XE883 expected to, and is not reasonably likely
Colleges and Sea Grant Institutes; and to, adversely affect the species or stock
(C) Such other matters as the Taking and Importing Marine through effects on annual rates of
Secretary refer to the Board for review Mammals; Taking Marine Mammals recruitment or survival.’’
and advice. Incidental to Northeast Fisheries Except with respect to certain
(2) Biennial Report. The Board shall Science Center Fisheries Research activities not pertinent here, the MMPA
report to the Congress every two years defines ‘‘harassment’’ as: any act of
on the state of the National Sea Grant AGENCY: National Marine Fisheries
pursuit, torment, or annoyance which (i)
College Program. The Board shall Service (NMFS), National Oceanic and
has the potential to injure a marine
indicate in each such report the progress Atmospheric Administration (NOAA),
mammal or marine mammal stock in the
made toward meeting the priorities Commerce.
wild [Level A harassment]; or (ii) has
identified in the strategic plan in effect ACTION: Notice of issuance of Letter of the potential to disturb a marine
under section 204(c). The Secretary Authorization. mammal or marine mammal stock in the
shall make available to the Board such wild by causing disruption of behavioral
information, personnel, and SUMMARY: In accordance with the patterns, including, but not limited to,
administrative services and assistance Marine Mammal Protection Act migration, breathing, nursing, breeding,
as it may reasonably require carrying (MMPA), as amended, and feeding, or sheltering [Level B
out its duties under this title. implementing regulations, notification harassment].
The Board shall consist of 15 voting is hereby given that a Letter of
members who will be appointed by the Authorization (LOA) has been issued to Summary of Request
Secretary for a 4-year term. The Director the NMFS Northeast Fisheries Science On December 17, 2014, we received
and a director of a Sea Grant program Center (NEFSC) for the take of marine an adequate and complete request from
who is elected by the various directors mammals incidental to fisheries NEFSC for authorization to take marine
of Sea Grant programs shall serve as research conducted in the Atlantic coast mammals incidental to fisheries
nonvoting members of the Board. Not region. research activities. On July 9, 2015 (80
less than 8 of the voting members of the DATES: Effective through September 9, FR 39542), we published a notice of
Board shall be individuals who, by 2021. proposed rulemaking in the Federal
reason of knowledge, experience, or Register, requesting comments and
ADDRESSES: The LOA and supporting
training, are especially qualified in one information related to the NEFSC
documentation is available online at:
or more of the disciplines and fields request for thirty days. We subsequently
www.nmfs.noaa.gov/pr/permits/
included in marine science. The other published corrections to the notice of
sradovich on DSK3GMQ082PROD with NOTICES

incidental/research.htm. In case of
voting members shall be individuals proposed rulemaking in the Federal
problems accessing these documents,
who, by reason of knowledge, Register on August 6, 2015 (80 FR
please call the contact listed below.
experience, or training, are especially 46939), and August 17, 2015 (80 FR
qualified in, or representative of, FOR FURTHER INFORMATION CONTACT: Ben 49196), including an extension of the
education, marine affairs and resource Laws, Office of Protected Resources, comment period. The final rule was
management, coastal management, NMFS, (301) 427–8401. published in the Federal Register on
extension services, State government, SUPPLEMENTARY INFORMATION: August 11, 2016 (81 FR 53061). For

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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices 64443

detailed information on this action, during trawl and longline operations; (4) SABMeetings.aspx for the most up-to-
please refer to those documents. The Required compliance with applicable date meeting times and agenda.
regulations include mitigation, vessel speed restrictions; and (5) Place: The meeting will be held at The
monitoring, and reporting requirements Required compliance with applicable Nature Conservancy, 4245 North Fairfax
for the incidental take of marine and relevant take reduction plans for Drive, Suite 100, Arlington, Virginia
mammals during fisheries research marine mammals. Additionally, the rule 22203.
activities in the specified geographic includes an adaptive management
region. component that allows for timely Status: The meeting will be open to
NEFSC conducts fisheries research modification of mitigation or monitoring public participation with a 15-minute
using pelagic trawl gear used at various measures based on new information, public comment period on November 17
levels in the water column, bottom- when appropriate. The NEFSC will from 5:30–5:45 p.m. EST (check Web
contact trawl gear, pelagic and demersal submit reports as required. site to confirm time). The SAB expects
longlines with multiple hooks, gillnets, Based on these findings and the that public statements presented at its
fyke nets, dredges, pots, traps, and other information discussed in the preamble meetings will not be repetitive of
gear. If a marine mammal interacts with to the final rule, the activities described previously submitted verbal or written
gear deployed by NEFSC, the outcome under these LOAs will have a negligible statements. In general, each individual
could potentially be Level A impact on marine mammal stocks and or group making a verbal presentation
harassment, serious injury (i.e., any will not have an unmitigable adverse will be limited to a total time of two (2)
injury that will likely result in impact on the availability of the affected minutes. Individuals or groups planning
mortality), or mortality. We pooled the marine mammal stock for subsistence to make a verbal presentation should
estimated number of incidents of take uses. contact the SAB Executive Director by
resulting from gear interactions and
Dated: September 13, 2016. November 10, 2016 to schedule their
assessed the potential impacts
Donna S. Wieting, presentation. Written comments should
accordingly. NEFSC also uses various
be received in the SAB Executive
active acoustic devices in the conduct of Director, Office of Protected Resources,
fisheries research, and use of these National Marine Fisheries Service. Director’s Office by November 10, 2016,
devices has the potential to result in [FR Doc. 2016–22582 Filed 9–19–16; 8:45 am] to provide sufficient time for SAB
Level B harassment of marine mammals. BILLING CODE 3510–22–P
review. Written comments received by
Level B harassment of pinnipeds hauled the SAB Executive Director after
out on land may also occur as a result November 10, 2016, will be distributed
of visual disturbance from vessels DEPARTMENT OF COMMERCE to the SAB, but may not be reviewed
conducting NEFSC research. prior to the meeting date. Seating at the
The NEFSC conducts fisheries National Oceanic and Atmospheric meeting will be available on a first-
research surveys in the Atlantic coast Administration come, first-served basis.
region which spans the United States- Special Accommodations: These
Canadian border to Florida. This Science Advisory Board (SAB);
Meeting meetings are physically accessible to
specified geographic region includes the people with disabilities. Requests for
following subareas: the Gulf of Maine, AGENCY: Office of Oceanic and special accommodations may be
Georges Bank, Southern New England Atmospheric Research (OAR) National directed no later than 12:00 p.m. on
waters, the Mid-Atlantic Bight, and the Oceanic and Atmospheric November 10, 2016, to Dr. Cynthia
coastal waters of northeast Florida. The Administration (NOAA) Department of Decker, SAB Executive Director,
NEFSC is authorized to take individuals Commerce (DOC). SSMC3, Room 11230, 1315 East-West
of 10 species by Level A harassment,
ACTION: Notice of open meeting. Highway, Silver Spring, MD 20910;
serious injury, or mortality (hereafter
Email: Cynthia.Decker@noaa.gov.
referred to as M/SI + Level A) and of 19
species by Level B harassment. SUMMARY: The Science Advisory Board Matters To Be Considered: The
(SAB) was established by a Decision meeting will include the following
Authorization Memorandum dated September 25, topics: (1) Report from the Review of the
We have issued an LOA to NEFSC 1997, and is the only Federal Advisory Cooperative Institute for Research in
authorizing the take of marine mammals Committee with responsibility to advise Environmental Sciences (CIRES); (2)
incidental to fisheries research the Under Secretary of Commerce for Updates from the NOAA Administrator
activities, as described above. Take of Oceans and Atmosphere on strategies and Chief Scientist; (3) Discussion on
marine mammals will be minimized for research, education, and application the Ecosystem Services Valuation
through implementation of the of science to operations and information Report; (4) Discussion on the GOES–R
following mitigation measures: (1) services. SAB activities and advice Level 0 Data report; (5) Discussion on
Required monitoring of the sampling provide necessary input to ensure that RESTORE Act Metrics and
areas to detect the presence of marine National Oceanic and Atmospheric Communication report; (6) SAB Strategy
mammals before deployment of pelagic Administration (NOAA) science Discussion and Implications for NOAA;
trawl nets, bottom-contact trawl gear, programs are of the highest quality and and (7) Discussion of the SAB Working
pelagic or demersal longline gear, provide optimal support to resource Group Concept of Operations.
gillnets, fyke nets, pots, traps, and other management.
gears; (2) Required implementation of Time and Date: The meeting will be FOR FURTHER INFORMATION CONTACT: Dr.
sradovich on DSK3GMQ082PROD with NOTICES

standard tow durations of not more than held Thursday November 17, 2016 from Cynthia Decker, Executive Director,
30 minutes to reduce the likelihood of 9:45 a.m. EST to 5:45 p.m. EST and on Science Advisory Board, NOAA, Room
incidental take of marine mammals; (3) Friday November 18, 2016 from 8:30 11230, 1315 East-West Highway, Silver
Required implementation of the a.m. EST to 1:45 p.m. EST. These times Spring, MD 20910. Email:
mitigation strategy known as the ‘‘move- and the agenda topics described below Cynthia.Decker@noaa.gov; or visit the
on rule,’’ which incorporates best are subject to change. Please refer to the NOAA SAB Web site at http://
professional judgment, when necessary Web page www.sab.noaa.gov/ www.sab.noaa.gov.

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Document Created: 2018-02-09 13:20:34
Document Modified: 2018-02-09 13:20:34

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 of issuance of Letter of Authorization.
Dates		Effective through September 9, 2021.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 64442
RIN Number		0648-XE88

81 FR 64442 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 182 (September 20, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration