81 FR 71709 - 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 201 (October 18, 2016)

Page Range		71709-71710
FR Document		2016-25191

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

Federal Register, Volume 81 Issue 201 (Tuesday, October 18, 2016)

[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71709-71710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25191]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE937


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.

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

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

DATES: Comments and information must be received no later than November 
17, 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 online 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 AFSC's application may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The AFSC has 
separately released a draft Environmental Assessment (EA), 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

[[Page 71710]]

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 June 28, 2016, NMFS received an adequate and complete 
application from the AFSC requesting authorization for take of marine 
mammals incidental to fisheries research conducted by the AFSC. The 
requested regulations would be valid for five years from the date of 
issuance. The AFSC plans to conduct fisheries research surveys in 
multiple geographic regions, including the Gulf of Alaska, Bering Sea, 
and Arctic Ocean. It is possible that marine mammals may interact with 
fishing gear (e.g., trawls nets, longlines) used in AFSC's fisheries 
research projects, resulting in injury, serious injury, or mortality. 
In addition, the AFSC 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 AFSC 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 AFSC is 
the research arm of NMFS in U.S. waters off of Alaska.
    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 
AFSC 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 AFSC'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 AFSC, if appropriate.

    Dated: October 13, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-25191 Filed 10-17-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices 71709

August 16, 2013, should use the revised countervailing duty investigation with regard Conservation Division, Office of
certification formats provided at the end to rebar from Turkey covers only rebar Protected Resources, National Marine
of the Final Rule.36 The Department produced and/or exported by those Fisheries Service. Physical comments
companies that are excluded from the 2014
intends to reject factual submissions if should be sent to 1315 East-West
Turkey CVD Order. At the time of the
the submitting party does not comply issuance of the 2014 Turkey CVD Order, Highway, Silver Spring, MD 20910 and
with the applicable revised certification Habas Sinai ve Tibbi Gazlar Istihsal electronic comments should be sent to
requirements. Endustrisi A.S. was the only excluded ITP.Laws@noaa.gov.
Turkish rebar producer or exporter. Instructions: NMFS is not responsible
Notification to Interested Parties
The subject merchandise is classifiable in for comments sent by any other method,
Interested parties must submit the Harmonized Tariff Schedule of the to any other address or individual, or
applications for disclosure under APO United States (HTSUS) primarily under item received after the end of the comment
in accordance with 19 CFR 351.305. On numbers 7213.10.0000, 7214.20.0000, and period. Comments received
January 22, 2008, the Department 7228.30.8010. The subject merchandise may
electronically, including all
published Antidumping and also enter under other HTSUS numbers
including 7215.90.1000, 7215.90.5000, attachments, must not exceed a 25-
Countervailing Duty Proceedings: megabyte file size. Attachments to
7221.00.0017, 7221.00.0018, 7221.00.0030,
Documents Submission Procedures; 7221.00.0045, 7222.11.0001, 7222.11.0057, electronic comments will be accepted in
APO Procedures, 73 FR 3634 (January 7222.11.0059, 7222.30.0001, 7227.20.0080, Microsoft Word or Excel or Adobe PDF
22, 2008). Parties wishing to participate 7227.90.6030, 7227.90.6035, 7227.90.6040, file formats only. All comments
in this investigation should ensure that 7228.20.1000, and 7228.60.6000. received are a part of the public record
they meet the requirements of these HTSUS numbers are provided for and will generally be posted online at
procedures (e.g., filing letters of convenience and customs purposes; www.nmfs.noaa.gov/pr/permits/
appearance, as discussed at 19 CFR however, the written description of the scope
incidental/research.htm without
351.103(d)). remains dispositive.
change. All personal identifying
This notice is issued and published [FR Doc. 2016–25178 Filed 10–17–16; 8:45 am] information (e.g., name, address)
pursuant to sections 702 and 777(i) of BILLING CODE 3510–DS–P voluntarily submitted by the commenter
the Act. may be publicly accessible. Do not
Dated: October 11, 2016. submit confidential business
Paul Piquado,
DEPARTMENT OF COMMERCE information or otherwise sensitive or
Assistant Secretary for Enforcement and National Oceanic and Atmospheric protected information.
Compliance. Administration FOR FURTHER INFORMATION CONTACT: Ben
Appendix Laws, Office of Protected Resources,
RIN 0648–XE937 NMFS, (301) 427–8401.
Scope of the Investigation
Taking and Importing Marine SUPPLEMENTARY INFORMATION:
The merchandise subject to this
investigation is steel concrete reinforcing bar Mammals; Taking Marine Mammals Availability
imported in either straight length or coil form Incidental to Fisheries Research
(rebar) regardless of metallurgy, length,
An electronic copy of the AFSC’s
diameter, or grade or lack thereof. Subject
AGENCY: National Marine Fisheries application may be obtained online at:
merchandise includes deformed steel wire Service (NMFS), National Oceanic and www.nmfs.noaa.gov/pr/permits/
with bar markings (e.g., mill mark, size, or Atmospheric Administration (NOAA), incidental/research.htm. The AFSC has
grade) and which has been subjected to an Commerce. separately released a draft
elongation test. ACTION: Notice; receipt of application for Environmental Assessment (EA),
The subject merchandise includes rebar Letters of Authorization; request for prepared pursuant to requirements of
that has been further processed in the subject
comments and information. the National Environmental Policy Act,
country or a third country, including but not
limited to cutting, grinding, galvanizing, for the conduct of their fisheries
SUMMARY: NMFS’ Office of Protected research. A copy of the draft EA, which
painting, coating, or any other processing
Resources has received a request from would also support our proposed
that would not otherwise remove the
merchandise from the scope of the the NMFS Alaska Fisheries Science rulemaking under the MMPA, is
investigation if performed in the country of Center (AFSC) for authorization to take available at the same Web site.
manufacture of the rebar. small numbers of marine mammals
Specifically excluded are plain rounds incidental to conducting fisheries Background
(i.e., nondeformed or smooth rebar). Also research, over the course of five years Section 101(a)(5)(A) of the MMPA (16
excluded from the scope is deformed steel from the date of issuance. Pursuant to
wire meeting ASTM A1064/A1064M with no U.S.C. 1361 et seq.) directs the Secretary
regulations implementing the Marine of Commerce (Secretary) to allow, upon
bar markings (e.g., mill mark, size, or grade)
and without being subject to an elongation Mammal Protection Act (MMPA), NMFS request, the incidental, but not
test. is announcing receipt of the AFSC’s intentional, taking of small numbers of
At the time of the filing of the petition, request for the development and marine mammals by U.S. citizens who
there was an existing countervailing duty implementation of regulations engage in a specified activity (other than
order on steel reinforcing bar from the governing the incidental taking of commercial fishing) if certain findings
Republic of Turkey. Steel Concrete marine mammals. NMFS invites the are made and regulations are issued.
Reinforcing Bar From the Republic of Turkey, public to provide information,
79 FR 65,926 (Dep’t Commerce Nov. 6, 2014) Incidental taking shall be allowed if
suggestions, and comments on the NMFS finds that the taking will have a
(2014 Turkey CVD Order). The scope of this
AFSC’s application and request.
Lhorne on DSK30JT082PROD with NOTICES

negligible impact on the species or
36 See Certification of Factual Information to DATES: Comments and information must stock(s) affected and will not have an
Import Administration During Antidumping and be received no later than November 17, unmitigable adverse impact on the
Countervailing Duty Proceedings, 78 FR 42678 (July 2016. availability of the species or stock(s) for
17, 2013) (‘‘Final Rule’’). Answers to frequently
asked questions regarding the Final Rule are
ADDRESSES: Comments on the taking for subsistence uses, and if the
available at http://enforcement.trade.gov/tlei/ applications should be addressed to permissible methods of taking and
notices/factual_info_final_rule_FAQ_07172013.pdf. Jolie Harrison, Chief, Permits and requirements pertaining to the

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71710 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices

mitigation, monitoring and reporting of decisions, Congress created six Regional ADDRESSES: The meeting will be held at
such taking are set forth. Fisheries Science Centers, each a the Admiral Fell Inn, 888 S. Broadway,
NMFS has defined ‘‘negligible distinct organizational entity and the Baltimore, MD 21231; telephone: (410)
impact’’ in 50 CFR 216.103 as ‘‘an scientific focal point within NMFS for 522–7377.
impact resulting from the specified region-based, Federal fisheries-related Council address: Mid-Atlantic Fishery
activity that cannot be reasonably research. This research is aimed at Management Council, 800 N. State
expected to, and is not reasonably likely monitoring fish stock recruitment, Street, Suite 201, Dover, DE 19901;
to, adversely affect the species or stock abundance, survival and biological telephone: (302) 674–2331 or on their
through effects on annual rates of rates, geographic distribution of species Web site, at www.mafmc.org.
recruitment or survival.’’ and stocks, ecosystem process changes, FOR FURTHER INFORMATION CONTACT:
Except with respect to certain and marine ecological research. The Christopher M. Moore, Ph.D., Executive
activities not pertinent here, the MMPA AFSC is the research arm of NMFS in Director, Mid-Atlantic Fishery
defines ‘‘harassment’’ as: ‘‘any act of U.S. waters off of Alaska. Management Council, telephone: (302)
pursuit, torment, or annoyance which (i) Research is aimed at monitoring fish 526–5255.
has the potential to injure a marine stock recruitment, survival and
mammal or marine mammal stock in the SUPPLEMENTARY INFORMATION:
biological rates, abundance and
wild (Level A harassment); or (ii) has geographic distribution of species and Agenda
the potential to disturb a marine stocks, and providing other scientific
mammal or marine mammal stock in the The Mid-Atlantic Fishery
information needed to improve our
wild by causing disruption of behavioral Management Council’s Summer
understanding of complex marine
patterns, including, but not limited to, Flounder, Scup, and Black Sea Bass
ecological processes. The AFSC
migration, breathing, nursing, breeding, Monitoring Committee will meet
proposes to administer and conduct
feeding, or sheltering (Level B November 9 and 10 to develop
these survey programs over the five-year
harassment).’’ recommendations for recreational
period.
management measures for the summer
Summary of Request Information Solicited flounder, scup, and black sea bass
On June 28, 2016, NMFS received an Interested persons may submit fisheries for the 2017 fishing year. The
adequate and complete application from information, suggestions, and comments Committee may also discuss initial
the AFSC requesting authorization for concerning the AFSC’s request (see analyses related to a possible scup
take of marine mammals incidental to ADDRESSES). NMFS will consider all commercial seasons framework action.
fisheries research conducted by the information, suggestions, and comments A detailed agenda and background
AFSC. The requested regulations would related to the request during the documents will be made available on
be valid for five years from the date of development of proposed regulations the Council’s Web site (www.mafmc.org)
issuance. The AFSC plans to conduct governing the incidental taking of prior to the meeting.
fisheries research surveys in multiple marine mammals by the AFSC, if Special Accommodations
geographic regions, including the Gulf appropriate.
of Alaska, Bering Sea, and Arctic Ocean. These meetings are physically
Dated: October 13, 2016. accessible to people with disabilities.
It is possible that marine mammals may Donna S. Wieting,
interact with fishing gear (e.g., trawls Requests for sign language
Director, Office of Protected Resources, interpretation or other auxiliary aid
nets, longlines) used in AFSC’s fisheries National Marine Fisheries Service.
research projects, resulting in injury, should be directed to M. Jan Saunders,
[FR Doc. 2016–25191 Filed 10–17–16; 8:45 am] (302) 526–5251, at least 5 days prior to
serious injury, or mortality. In addition,
the AFSC operates active acoustic
BILLING CODE 3510–22–P the meeting date.
devices that have the potential to Authority: 16 U.S.C. 1801 et seq.
disturb marine mammals. Because the DEPARTMENT OF COMMERCE Dated: October 12, 2016.
specified activities have the potential to Tracey L. Thompson,
take marine mammals present within National Oceanic and Atmospheric Acting Director, Office of Sustainable
these action areas, the AFSC requests Administration Fisheries, National Marine Fisheries Service.
authorization to take multiple species of [FR Doc. 2016–25090 Filed 10–17–16; 8:45 am]
RIN 0648–XE960
marine mammal that may occur in these
BILLING CODE 3510–22–P
areas. Mid-Atlantic Fishery Management
Specified Activities Council (MAFMC); Meeting
The Federal Government has a DEPARTMENT OF COMMERCE
AGENCY: National Marine Fisheries
responsibility to conserve and protect Service (NMFS), National Oceanic and National Oceanic and Atmospheric
living marine resources in U.S. federal Atmospheric Administration (NOAA), Administration
waters and has also entered into a Commerce.
number of international agreements and ACTION: Notice of a public meeting. RIN 0648–XE911
treaties related to the management of
living marine resources in international SUMMARY: The Mid-Atlantic Fishery Magnuson-Stevens Act Provisions;
waters outside the United States. NOAA Management Council’s (MAFMC’s) General Provisions for Domestic
has the primary responsibility for Summer Flounder, Scup, and Black Sea Fisheries; Application for Exempted
Bass Monitoring Committee will hold a Fishing Permits
Lhorne on DSK30JT082PROD with NOTICES

managing marine fin and shellfish
species and their habitats, with that public meeting. AGENCY: National Marine Fisheries
responsibility delegated within NOAA DATES: The meeting will begin at 1 p.m. Service (NMFS), National Oceanic and
to NMFS. on Wednesday, November 9, 2016, and Atmospheric Administration (NOAA),
In order to direct and coordinate the end at 3 p.m. on Thursday, November Commerce.
collection of scientific information 10, 2016, to view the agenda see
ACTION: Notice; request for comments.
needed to make informed management SUPPLEMENTARY INFORMATION.

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Document Created: 2016-10-17 23:52:25
Document Modified: 2016-10-17 23:52:25

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 November 17, 2016.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 71709
RIN Number		0648-XE93

81 FR 71709 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 201 (October 18, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration