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)

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


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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