81 FR 78993 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Commercial Fireworks Displays at the Monterey Bay National Marine Sanctuary, California
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 218 (November 10, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 218 (November 10, 2016)
| Page Range | 78993-78994 | |
| FR Document | 2016-27094 |
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)] [Notices] [Pages 78993-78994] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27094] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF006 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Commercial Fireworks Displays at the Monterey Bay National Marine Sanctuary, California AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS or Sanctuary) for authorization to take small numbers of marine mammals incidental to professional fireworks displays permitted within the Sanctuary in California waters, over the course of five years, from July 4, 2017 through July 3, 2022. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of MBNMS's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on MBNMS's application and request. DATES: Comments and information must be received no later than December 12, 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 [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/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: Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Availability A copy of MBNMS's application may be obtained by writing to the address specified above (see ADDRESSES), telephoning the contact listed above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct 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 or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for certain 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).'' [[Page 78994]] Summary of Request On September 16, 2016, NMFS received an application from the MBNMS requesting authorization to take, by Level B harassment, two species of marine mammals incidental to commercial fireworks displays conducted under sanctuary authorization permits issued by the MBNMS. After addressing NMFS comments on the original application, the MBNMS submitted a revised application on October 18, 2016. NMFS found this application to be adequate and complete. Marine mammals would be exposed to elevated levels of sound as a result of permitted fireworks displays, as well as increased human activity associated with those displays. Because the specified activities have the potential to take marine mammals present within the action area, the MBNMS requests authorization to take, by Level B harassment only, California sea lions (Zalophus californianus) and harbor seals (Phoca vitulina). Specified Activities Since 1993, the MBNMS, a component of NOAA's Office of National Marine Sanctuaries, has processed requests for the professional display of fireworks that affect resources within the sanctuary. The MBNMS has determined that debris fallout (i.e., spent pyrotechnic materials) from fireworks events may constitute a discharge into the sanctuary and thus violate sanctuary regulations, unless a permit is issued by the superintendent. Therefore, sponsors of fireworks displays conducted in the MBNMS are required to obtain sanctuary authorization prior to conducting such displays (see 15 CFR 922.132). Since the MBNMS began issuing permits for fireworks discharge in 1993, it has received a total of 102 requests for professional fireworks displays, the majority of which have been associated with large community events such as Independence Day and municipal festivals. The number of fireworks displays within the Sanctuary remained relatively constant although there has been a slight decrease of the number of displays since the economic downturn of 2008. The MBNMS has permitted, on average, approximately five fireworks displays per year; however, only 2 to 4 displays were hosted annually between 2009 and 2015. Since 2005, the MBNMS has requested, and subsequently been authorized under section 101 (a)(5)(A or D) of the MMPA, to take marine mammals incidental to up to 20 fireworks events per year. However, for this application, the MNBMS, at the request of NMFS, re- evaluated the possibility of 20 events occurring per year based on the trend in fireworks permit applications. As such, the MBNMS has modified the number of anticipated displays that would occur under the requested regulations to no more than ten events per year. The location, mitigation, and monitoring measures contained within previous authorizations would remain in effect. Fireworks displays would be limited to the same four specific areas along 276 miles (444 kilometers) of coastline: Half Moon Bay, the Santa Cruz/Soquel area, the northeastern Monterey Peninsula, and Cambria (Santa Rosa Creek). This effectively limits permitted fireworks displays to approximately five percent of the MBNMS coastline. The MBNMS would also retain the March 1 through June 30 moratorium on fireworks which corresponds to the peak spring breeding season for marine wildlife. Each fireworks displays would not exceed 30 minutes in duration (with the exception of up to two displays per year, each not to exceed one hour) and would occur with an average frequency of less than or equal to once every two months within each of the four prescribed display areas. A more detailed description of the fireworks displays permitted by MBNMS and anticipated behavioral reactions of marine mammals may be found in MBNMS' application, MBNMS' Assessment of Pyrotechnic Displays and Impacts within the MBNMS 1993-2001 (2001), Marine Mammal Acoustic and Behavioral Monitoring for the MBNMS Fireworks Display, 4 July 2007 (2007), and multiple monitoring reports which are available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Information Solicited Interested persons may submit information, suggestions, and comments concerning MBNMS's request (see ADDRESSES). All information, suggestions, and comments related to MBNMS's request and NMFS' potential development and implementation of regulations governing the incidental taking of marine mammals by the MBNMS will be considered by NMFS in developing, if appropriate, regulations governing the issuance of letters of authorization. Dated: November 4, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-27094 Filed 11-9-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices 78993
The report would include the same DEPARTMENT OF COMMERCE information (e.g., name, address)
information identified in the paragraph voluntarily submitted by the commenter
above. Construction related activities National Oceanic and Atmospheric may be publicly accessible. Do not
would be able to continue while NMFS Administration submit confidential business
reviews the circumstances of the information or otherwise sensitive or
RIN 0648–XF006
incident. NMFS would work with the protected information.
COU to determine whether Taking and Importing Marine FOR FURTHER INFORMATION CONTACT:
modifications in the activities are Mammals; Taking Marine Mammals Jaclyn Daly, Office of Protected
appropriate. Incidental to Commercial Fireworks Resources, NMFS, (301) 427–8401.
iii. In the event that the COU Displays at the Monterey Bay National SUPPLEMENTARY INFORMATION:
discovers an injured or dead marine Marine Sanctuary, California
Availability
mammal, and determines that the injury AGENCY: National Marine Fisheries A copy of MBNMS’s application may
or death is not associated with or related Service (NMFS), National Oceanic and be obtained by writing to the address
to the activities authorized in the IHA Atmospheric Administration (NOAA), specified above (see ADDRESSES),
(e.g., previously wounded animal, Commerce. telephoning the contact listed above (see
carcass with moderate to advanced ACTION: Notice; receipt of application for FOR FURTHER INFORMATION CONTACT), or
decomposition, or scavenger damage), letter of authorization; request for visiting the internet at: http://
the COU would report the incident to comments and information. www.nmfs.noaa.gov/pr/permits/
Jolie Harrison (Jolie.Harrison@ incidental.htm#applications.
noaa.gov), Chief of the Permits and SUMMARY: NMFS has received a request
Conservation Division, Office of from the Monterey Bay National Marine Background
Protected Resources, NMFS, and Aleria Sanctuary (MBNMS or Sanctuary) for Sections 101(a)(5)(A) and (D) of the
Jensen (Aleria.Jensen@noaa.gov), Alaska authorization to take small numbers of MMPA (16 U.S.C. 1361 et seq.) direct
Stranding Coordinator, within 24 hours marine mammals incidental to the Secretary of Commerce (Secretary)
of the discovery. The COU would professional fireworks displays to allow, upon request, the incidental,
permitted within the Sanctuary in but not intentional taking of small
provide photographs or video footage (if
California waters, over the course of five numbers of marine mammals by U.S.
available) or other documentation of the
years, from July 4, 2017 through July 3, citizens who engage in a specified
stranded animal sighting to NMFS and 2022. Pursuant to regulations
the Marine Mammal Stranding Network. activity (other than commercial fishing)
implementing the Marine Mammal if certain findings are made and
The COU can continue its operations Protection Act (MMPA), NMFS is
under such a case. regulations are issued or, if the taking is
announcing receipt of MBNMS’s request limited to harassment, notice of a
7. This Authorization may be for the development and proposed authorization is provided to
modified, suspended or withdrawn if implementation of regulations the public for review. Authorization for
the holder fails to abide by the governing the incidental taking of incidental takings may be granted if
conditions prescribed herein, or if marine mammals and inviting NMFS finds that the taking will have a
NMFS determines that the authorized information, suggestions, and comments negligible impact on the species or
taking is having more than a negligible on MBNMS’s application and request. stock(s) and will not have an
impact on the species or stock of DATES: Comments and information must unmitigable adverse impact on the
affected marine mammals. be received no later than December 12, availability of the species or stock(s) for
2016. certain subsistence uses, and if the
Request for Public Comments
ADDRESSES: Comments on the permissible methods of taking and
We request comment on our analysis, application should be addressed to Jolie requirements pertaining to the
the draft authorization, and any other Harrison, Chief, Permits and mitigation, monitoring and reporting of
aspect of this Notice of Proposed IHA Conservation Division, Office of such taking are set forth.
for the COU’s dock construction Protected Resources, National Marine NMFS has defined ‘‘negligible
activities. Please include with your Fisheries Service. Physical comments impact’’ in 50 CFR 216.103 as ‘‘an
comments any supporting data or should be sent to 1315 East-West impact resulting from the specified
literature citations to help inform our Highway, Silver Spring, MD 20910 and activity that cannot be reasonably
electronic comments should be sent to expected to, and is not reasonably likely
final decision on the COU’s request for
ITP.Daly@noaa.gov. to, adversely affect the species or stock
an MMPA authorization.
Instructions: NMFS is not responsible through effects on annual rates of
Dated: November 4, 2016. for comments sent by any other method, recruitment or survival.’’
Donna S. Wieting to any other address or individual, or Except with respect to certain
Director, Office of Protected Resources, received after the end of the comment activities not pertinent here, the MMPA
National Marine Fisheries Service. period. Comments received defines ‘‘harassment’’ as: ‘‘any act of
[FR Doc. 2016–27119 Filed 11–9–16; 8:45 am] electronically, including all pursuit, torment, or annoyance which (i)
attachments, must not exceed a 25- has the potential to injure a marine
BILLING CODE 3510–22–P
megabyte file size. Attachments to mammal or marine mammal stock in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
electronic comments will be accepted in wild (Level A harassment); or (ii) has
Microsoft Word or Excel or Adobe PDF the potential to disturb a marine
file formats only. All comments mammal or marine mammal stock in the
received are a part of the public record wild by causing disruption of behavioral
and will generally be posted online at patterns, including, but not limited to,
www.nmfs.noaa.gov/pr/permits/ migration, breathing, nursing, breeding,
incidental/construction.htm without feeding, or sheltering (Level B
change. All personal identifying harassment).’’
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![78994 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices
Summary of Request this application, the MNBMS, at the Dated: November 4, 2016.
On September 16, 2016, NMFS request of NMFS, re-evaluated the Donna S. Wieting,
received an application from the possibility of 20 events occurring per Director, Office of Protected Resources,
year based on the trend in fireworks National Marine Fisheries Service.
MBNMS requesting authorization to
take, by Level B harassment, two species permit applications. As such, the [FR Doc. 2016–27094 Filed 11–9–16; 8:45 am]
of marine mammals incidental to MBNMS has modified the number of BILLING CODE 3510–22–P
commercial fireworks displays anticipated displays that would occur
conducted under sanctuary under the requested regulations to no
authorization permits issued by the more than ten events per year. DEPARTMENT OF COMMERCE
MBNMS. After addressing NMFS The location, mitigation, and National Oceanic and Atmospheric
comments on the original application, monitoring measures contained within Administration
the MBNMS submitted a revised previous authorizations would remain
application on October 18, 2016. NMFS in effect. Fireworks displays would be New Policy and Procedures
found this application to be adequate limited to the same four specific areas Documents Announcing a Change in
and complete. the Calibration Base Line Program
along 276 miles (444 kilometers) of
Marine mammals would be exposed
coastline: Half Moon Bay, the Santa AGENCY: National Geodetic Survey
to elevated levels of sound as a result of
permitted fireworks displays, as well as Cruz/Soquel area, the northeastern (NGS), National Ocean Service (NOS),
increased human activity associated Monterey Peninsula, and Cambria National Oceanic and Atmospheric
with those displays. Because the (Santa Rosa Creek). This effectively Administration (NOAA), Department of
specified activities have the potential to limits permitted fireworks displays to Commerce.
take marine mammals present within approximately five percent of the ACTION: Notice of Change in the
the action area, the MBNMS requests MBNMS coastline. The MBNMS would Calibration Base Line Program; Notice of
authorization to take, by Level B also retain the March 1 through June 30 Public Comment.
harassment only, California sea lions moratorium on fireworks which
corresponds to the peak spring breeding SUMMARY: NOAA’s National Geodetic
(Zalophus californianus) and harbor
season for marine wildlife. Each Survey (NGS) conducts a Calibration
seals (Phoca vitulina).
Base Line (CBL) program for electronic
fireworks displays would not exceed 30
Specified Activities distance measuring instrumentation,
minutes in duration (with the exception
Since 1993, the MBNMS, a hereafter referred to as the CBL Program.
of up to two displays per year, each not
component of NOAA’s Office of The CBL Program provides the
to exceed one hour) and would occur surveying and engineering community
National Marine Sanctuaries, has with an average frequency of less than
processed requests for the professional with a locally accessible standard for
or equal to once every two months measuring length and a means for
display of fireworks that affect resources within each of the four prescribed
within the sanctuary. The MBNMS has quantifying and correcting for errors
display areas. associated with this type of
determined that debris fallout (i.e.,
spent pyrotechnic materials) from A more detailed description of the instrumentation. Currently, the CBL
fireworks events may constitute a fireworks displays permitted by Program requires use of NGS equipment
discharge into the sanctuary and thus MBNMS and anticipated behavioral and direct participation by NGS
violate sanctuary regulations, unless a reactions of marine mammals may be personnel when establishing and
permit is issued by the superintendent. found in MBNMS’ application, reestablishing CBLs. NGS is considering
Therefore, sponsors of fireworks MBNMS’ Assessment of Pyrotechnic changes to the CBL Program which will
displays conducted in the MBNMS are Displays and Impacts within the enable our partners to establish and
required to obtain sanctuary MBNMS 1993–2001 (2001), Marine reestablish their local CBLs using their
authorization prior to conducting such Mammal Acoustic and Behavioral own instrumentation, with NGS
displays (see 15 CFR 922.132). Monitoring for the MBNMS Fireworks providing a quality review function.
Since the MBNMS began issuing NGS invites written comments on the
Display, 4 July 2007 (2007), and
permits for fireworks discharge in 1993, CBL Program draft policy (http://
multiple monitoring reports which are
it has received a total of 102 requests for www.ngs.noaa.gov/CBLINES/For_
available at: http://www.nmfs.noaa.gov/ review_CBL_Program_Policy.pdf) and
professional fireworks displays, the pr/permits/incidental.htm.
majority of which have been associated draft procedures (http://
with large community events such as Information Solicited www.ngs.noaa.gov/CBLINES/For_
Independence Day and municipal review_CBL_Program_Procedures.pdf)
Interested persons may submit documents.
festivals. The number of fireworks
displays within the Sanctuary remained information, suggestions, and comments FOR FURTHER INFORMATION CONTACT:
relatively constant although there has concerning MBNMS’s request (see Requests for additional information or
been a slight decrease of the number of ADDRESSES). All information, comments should be directed to Mr.
displays since the economic downturn suggestions, and comments related to Kendall Fancher, Instrumentation and
of 2008. The MBNMS has permitted, on MBNMS’s request and NMFS’ potential Methodologies Branch Chief, National
average, approximately five fireworks development and implementation of Geodetic Survey, 15351 Office Drive,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
displays per year; however, only 2 to 4 regulations governing the incidental Woodford, VA 22580; phone: 540–373–
displays were hosted annually between taking of marine mammals by the 1243, Email: Kendall.Fancher@noaa.gov
2009 and 2015. Since 2005, the MBNMS MBNMS will be considered by NMFS in or NGS.Feedback@noaa.gov.
has requested, and subsequently been developing, if appropriate, regulations You may submit your comments or
authorized under section 101 (a)(5)(A or governing the issuance of letters of concerns to NGS by Tuesday, January
D) of the MMPA, to take marine authorization. 17, 2017.
mammals incidental to up to 20 SUPPLEMENTARY INFORMATION: Since the
fireworks events per year. However, for CBL Program’s inception in 1974, NGS
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Document Created: 2016-11-10 01:43:59
Document Modified: 2016-11-10 01:43:59
| 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 letter of authorization; request for comments and information. | |
| Dates | Comments and information must be received no later than December 12, 2016. | |
| Contact | Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8401. | |
| FR Citation | 81 FR 78993 | |
| RIN Number | 0648-XF00 |
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