81 FR 92788 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range		92788-92789
FR Document		2016-30492

NMFS has received a revised application for ITRs from the Bureau of Ocean Energy Management (BOEM), on behalf of oil and gas industry operators. The specified activity considered in the application is geophysical survey activity conducted in the Gulf of Mexico (GOM), 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 BOEM's request for the development of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on BOEM's application. The original notice announcing receipt of the revised application (81 FR 88664; December 8, 2016) indicated that comments and information must be received no later than January 9, 2017, which allowed 30 days for public input. We subsequently received a request to extend the comment period by a period of 14 days and have granted that request.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92788-92789]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30492]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF065


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Geophysical Surveys in the Gulf of Mexico

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

ACTION: Notice; receipt of revised application for marine mammal 
incidental take regulations (ITRs); request for comments and 
information; extension of public comment period.

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

SUMMARY: NMFS has received a revised application for ITRs from the 
Bureau of Ocean Energy Management (BOEM), on behalf of oil and gas 
industry operators. The specified activity considered in the 
application is geophysical survey activity conducted in the Gulf of 
Mexico (GOM), 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 BOEM's request for the 
development of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on BOEM's application.
    The original notice announcing receipt of the revised application 
(81 FR 88664; December 8, 2016) indicated that comments and information 
must be received no later than January 9, 2017, which allowed 30 days 
for public input. We subsequently received a request to extend the 
comment period by a period of 14 days and have granted that request.

DATES: Comments and information must be received no later than January 
23, 2017.

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/oilgas.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 the application and supporting documents may 
be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/
oilgas.htm. BOEM has separately released a draft Programmatic 
Environmental Impact Statement (EIS) for public review (September 30, 
2016; 81 FR 67380). This draft EIS was prepared in order to evaluate 
the potential significant effects of multiple geological and 
geophysical activities on the GOM Outer Continental Shelf (OCS) 
pursuant to the National Environmental Policy Act. The document is 
available online at: www.boem.gov/GOM-G-G-PEIS/.

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).''
    The use of sound sources such as those described in the application 
(e.g., airgun arrays) may result in the disturbance of marine mammals 
through disruption of behavioral patterns or may cause auditory injury 
of marine mammals. Therefore, incidental take authorization under the 
MMPA is warranted.

Summary

    BOEM was formerly known as the Minerals Management Service (MMS) 
and, later, the Bureau of Ocean Energy Management, Regulation, and 
Enforcement (BOEMRE). On December 20, 2002, MMS petitioned NMFS for 
rulemaking under Section 101(a)(5)(A) of the MMPA to authorize take of 
sperm whales (Physeter macrocephalus) incidental to conducting 
geophysical surveys during oil and gas exploration activities in the 
GOM. On March 3, 2003, NMFS published a notice of receipt of MMS's 
application and requested comments and information from the public (68 
FR 9991). This comment period was later extended to April 16, 2003 (68 
FR 16263). MMS subsequently submitted a revised petition on September 
30, 2004, to include a request for incidental take authorization of 
additional species of marine mammals. On April 18, 2011, BOEMRE 
submitted a revision to the petition, which incorporated updated 
information and analyses. NMFS published a notice of receipt of this 
revised petition on June 14, 2011 (76 FR 34656). In order to 
incorporate the best available information, BOEM submitted another 
revision to the petition on March 28, 2016, which was followed on

[[Page 92789]]

October 17, 2016, by a revised version that we have deemed adequate and 
complete based on our implementing regulations at 50 CFR 216.104.
    The requested regulations would establish a framework for 
authorization of incidental take by Level A and Level B harassment 
through Letters of Authorization (LOAs). Following development of the 
ITRs, implementation could occur via issuance of LOAs upon request from 
individual industry applicants planning specific geophysical survey 
activities.

Specified Activities

    The application describes geophysical survey activity, conducted by 
industry operators in OCS waters of the GOM within BOEM's GOM planning 
areas (i.e., the Western, Central, and Eastern Planning Areas). 
Geophysical surveys are conducted by industry operators to characterize 
the shallow and deep structure of the OCS, including the shelf, slope, 
and deepwater ocean environment, in order to obtain data for 
hydrocarbon exploration and production, aid in siting oil and gas 
structures and facilities, identify possible seafloor or shallow-depth 
geologic hazards, and locate potential archaeological resources and 
benthic habitats that should be avoided.
    Deep penetration seismic surveys, used largely for oil and gas 
exploration and development and involving a vessel or vessels towing an 
airgun or array of airguns that emit acoustic energy pulses through the 
overlying water and into the seafloor, are one of the most extensive 
survey types and are expected to carry the greatest potential for 
effects to marine mammals. Non-airgun high resolution geophysical 
surveys are used to detect and monitor geohazards, archaeological 
resources, and certain types of benthic communities.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning BOEM's request (see ADDRESSES). NMFS will consider 
all relevant information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals, as appropriate.

    Dated: December 14, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-30492 Filed 12-19-16; 8:45 am]
BILLING CODE 3510-22-P

92788 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

federal sensitive (unclassified) information Protected Resources, National Marine permissible methods of taking and
systems are undertaken pursuant to specific Fisheries Service. Physical comments requirements pertaining to the
responsibilities assigned to NIST by Section should be sent to 1315 East-West mitigation, monitoring and reporting of
20 of the National Institute of Standards and Highway, Silver Spring, MD 20910 and such taking are set forth.
Technology Act (15 U.S.C. 278g–3), as NMFS has defined ‘‘negligible
amended.
electronic comments should be sent to
ITP.Laws@noaa.gov. impact’’ in 50 CFR 216.103 as ‘‘an
Kevin Kimball, Instructions: NMFS is not responsible impact resulting from the specified
NIST Chief of Staff. for comments sent by any other method, activity that cannot be reasonably
[FR Doc. 2016–30615 Filed 12–19–16; 8:45 am] to any other address or individual, or expected to, and is not reasonably likely
BILLING CODE P received after the end of the comment to, adversely affect the species or stock
period. Comments received through effects on annual rates of
electronically, including all recruitment or survival.’’
DEPARTMENT OF COMMERCE attachments, must not exceed a 25- Except with respect to certain
megabyte file size. Attachments to activities not pertinent here, the MMPA
National Oceanic and Atmospheric electronic comments will be accepted in defines ‘‘harassment’’ as: ‘‘any act of
Administration Microsoft Word or Excel or Adobe PDF pursuit, torment, or annoyance which (i)
file formats only. All comments has the potential to injure a marine
RIN 0648–XF065
received are a part of the public record mammal or marine mammal stock in the
Taking and Importing Marine and will generally be posted online at wild (Level A harassment); or (ii) has
Mammals; Taking Marine Mammals www.nmfs.noaa.gov/pr/permits/ the potential to disturb a marine
Incidental to Geophysical Surveys in incidental/oilgas.htm without change. mammal or marine mammal stock in the
the Gulf of Mexico All personal identifying information wild by causing disruption of behavioral
(e.g., name, address) voluntarily patterns, including, but not limited to,
AGENCY: National Marine Fisheries submitted by the commenter may be migration, breathing, nursing, breeding,
Service (NMFS), National Oceanic and publicly accessible. Do not submit feeding, or sheltering (Level B
Atmospheric Administration (NOAA), confidential business information or harassment).’’
Commerce. otherwise sensitive or protected The use of sound sources such as
ACTION: Notice; receipt of revised information. those described in the application (e.g.,
application for marine mammal airgun arrays) may result in the
FOR FURTHER INFORMATION CONTACT: Ben disturbance of marine mammals through
incidental take regulations (ITRs);
Laws, Office of Protected Resources, disruption of behavioral patterns or may
request for comments and information;
NMFS, (301) 427–8401. cause auditory injury of marine
extension of public comment period.
SUPPLEMENTARY INFORMATION: mammals. Therefore, incidental take
SUMMARY: NMFS has received a revised authorization under the MMPA is
Availability
application for ITRs from the Bureau of warranted.
Ocean Energy Management (BOEM), on Electronic copies of the application
and supporting documents may be Summary
behalf of oil and gas industry operators.
The specified activity considered in the obtained online at: www.nmfs.noaa.gov/ BOEM was formerly known as the
application is geophysical survey pr/permits/incidental/oilgas.htm. BOEM Minerals Management Service (MMS)
activity conducted in the Gulf of Mexico has separately released a draft and, later, the Bureau of Ocean Energy
(GOM), over the course of five years Programmatic Environmental Impact Management, Regulation, and
from the date of issuance. Pursuant to Statement (EIS) for public review Enforcement (BOEMRE). On December
regulations implementing the Marine (September 30, 2016; 81 FR 67380). This 20, 2002, MMS petitioned NMFS for
Mammal Protection Act (MMPA), NMFS draft EIS was prepared in order to rulemaking under Section 101(a)(5)(A)
is announcing receipt of BOEM’s evaluate the potential significant effects of the MMPA to authorize take of sperm
request for the development of of multiple geological and geophysical whales (Physeter macrocephalus)
regulations governing the incidental activities on the GOM Outer Continental incidental to conducting geophysical
taking of marine mammals. NMFS Shelf (OCS) pursuant to the National surveys during oil and gas exploration
invites the public to provide Environmental Policy Act. The activities in the GOM. On March 3,
information, suggestions, and comments document is available online at: 2003, NMFS published a notice of
on BOEM’s application. www.boem.gov/GOM-G-G-PEIS/. receipt of MMS’s application and
The original notice announcing requested comments and information
Background from the public (68 FR 9991). This
receipt of the revised application (81 FR
88664; December 8, 2016) indicated that Section 101(a)(5)(A) of the MMPA (16 comment period was later extended to
comments and information must be U.S.C. 1361 et seq.) directs the Secretary April 16, 2003 (68 FR 16263). MMS
received no later than January 9, 2017, of Commerce (Secretary) to allow, upon subsequently submitted a revised
which allowed 30 days for public input. request, the incidental, but not petition on September 30, 2004, to
We subsequently received a request to intentional, taking of small numbers of include a request for incidental take
extend the comment period by a period marine mammals by U.S. citizens who authorization of additional species of
of 14 days and have granted that engage in a specified activity (other than marine mammals. On April 18, 2011,
request. commercial fishing) if certain findings BOEMRE submitted a revision to the
are made and regulations are issued. petition, which incorporated updated
mstockstill on DSK3G9T082PROD with NOTICES

DATES: Comments and information must Incidental taking shall be allowed if information and analyses. NMFS
be received no later than January 23, NMFS finds that the taking will have a published a notice of receipt of this
2017. negligible impact on the species or revised petition on June 14, 2011 (76 FR
ADDRESSES: Comments on the stock(s) affected and will not have an 34656). In order to incorporate the best
application should be addressed to Jolie unmitigable adverse impact on the available information, BOEM submitted
Harrison, Chief, Permits and availability of the species or stock(s) for another revision to the petition on
Conservation Division, Office of taking for subsistence uses, and if the March 28, 2016, which was followed on

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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices 92789

October 17, 2016, by a revised version DEPARTMENT OF COMMERCE Gulf, and South Atlantic under the
that we have deemed adequate and fishery management plans (FMPs) for
complete based on our implementing National Oceanic and Atmospheric each region. The regional fishery
regulations at 50 CFR 216.104. Administration management councils prepared the
The requested regulations would FMPs pursuant to the Magnuson-
Proposed Information Collection; Stevens Act. The regulations
establish a framework for authorization Comment Request; Southeast Region
of incidental take by Level A and Level implementing the FMPs, including
Permit Family of Forms those that have reporting requirements,
B harassment through Letters of
Authorization (LOAs). Following AGENCY: National Marine Fisheries are at 50 CFR part 622.
Service (NMFS), National Oceanic and The recordkeeping and reporting
development of the ITRs,
requirements at 50 CFR part 622 form
implementation could occur via Atmospheric Administration (NOAA),
the basis for this collection of
issuance of LOAs upon request from Commerce.
information. The NMFS Southeast
individual industry applicants planning ACTION: Notice. Region requests information from
specific geophysical survey activities. fishery participants. This information,
SUMMARY: The Department of
Specified Activities Commerce, as part of its continuing upon receipt, results in an increasingly
effort to reduce paperwork and more efficient and accurate database for
The application describes geophysical management and monitoring of the
respondent burden, invites the general
survey activity, conducted by industry Federal fisheries in the Caribbean, Gulf,
public and other Federal agencies to
operators in OCS waters of the GOM and South Atlantic.
take this opportunity to comment on
within BOEM’s GOM planning areas The SERO Permits Office proposes to
proposed and/or continuing information
(i.e., the Western, Central, and Eastern revise the collection-of-information
collections, as required by the
Planning Areas). Geophysical surveys approved under OMB Control Number
Paperwork Reduction Act (PRA) of
are conducted by industry operators to 0648–0205. NMFS proposes to revise
1995. the Federal permit applications for
characterize the shallow and deep
structure of the OCS, including the DATES:Written comments must be Vessels Fishing in the EEZ (Vessel EEZ),
shelf, slope, and deepwater ocean submitted on or before February 21, Harvest of Aquacultured Live Rock in
environment, in order to obtain data for 2017. the EEZ, Vessels Fishing for Wreckfish
hydrocarbon exploration and ADDRESSES: Direct all written comments in the South Atlantic States (Wreckfish),
production, aid in siting oil and gas to Jennifer Jessup, Departmental and the Annual Dealer permit.
structures and facilities, identify The purpose of revising certain
Paperwork Clearance Officer,
possible seafloor or shallow-depth Southeast Region permit application
Department of Commerce, Room 6616,
geologic hazards, and locate potential forms is to better comply with National
14th and Constitution Avenue NW.,
archaeological resources and benthic Standard 4 (NS4) of the Magnuson-
Washington, DC 20230 (or via the
habitats that should be avoided. Stevens Act, the Regulatory Flexibility
Internet at JJessup@doc.gov).
Act (RFA) and the Small Business
Deep penetration seismic surveys, FOR FURTHER INFORMATION CONTACT: Administration’s regulations
used largely for oil and gas exploration Requests for additional information or implementing the RFA, Executive Order
and development and involving a vessel copies of the information collection 12898, and the ‘‘fairness and equitable
or vessels towing an airgun or array of instrument and instructions should be distribution’’ provisions of the
airguns that emit acoustic energy pulses directed to Adam Bailey, NMFS Magnuson-Stevens Act, including NS4
through the overlying water and into the Southeast Regional Office (SERO), 263 and section 303(b)(6).
seafloor, are one of the most extensive 13th Avenue South, St. Petersburg, FL The SERO Permits Office also
survey types and are expected to carry 33701, phone: 727–824–5305, or email: proposes to split the single application
the greatest potential for effects to adam.bailey@noaa.gov. form, Federal Permit Application for the
marine mammals. Non-airgun high SUPPLEMENTARY INFORMATION: Harvest of Aquacultured Live Rock, into
resolution geophysical surveys are used two application forms, Federal Permit
to detect and monitor geohazards, I. Abstract
Application for New Permit for the
archaeological resources, and certain This request is for a renewal with Harvest of Aquacultured Live Rock
types of benthic communities. revisions to the existing reporting (Aquacultured Live Rock New Permit)
Information Solicited requirements approved under the Office and Federal Permit Application to
of Management and Budget’s (OMB) Renew Permit for the Harvest of
Interested persons may submit Control Number 0648–0205, Southeast Aquacultured Live Rock (Aquacultured
information, suggestions, and comments Region Permit Family of Forms. The Live Rock Permit Renewal).
concerning BOEM’s request (see SERO Permits Office administers The Aquacultured Live Rock New
ADDRESSES). NMFS will consider all Federal fishing permits in the United Permit includes the collection of data
relevant information, suggestions, and States (U.S.) exclusive economic zone previously collected via a separate form,
comments related to the request during (EEZ) of the Caribbean Sea, Gulf of Aquaculture Site Evaluation Report,
the development of proposed Mexico (Gulf), and South Atlantic under among other revisions. The proposed
regulations governing the incidental the authority of the Magnuson-Stevens revisions to establish the Aquacultured
taking of marine mammals, as Fishery Conservation and Management Live Rock New Permit application do
appropriate. Act (Magnuson-Stevens Act), 16 U.S.C. not affect the time burden for applicants
mstockstill on DSK3G9T082PROD with NOTICES

1801. The SERO Permits Office also for new sites or new permit holders, but
Dated: December 14, 2016.
proposes to revise parts of the current should clarify the application process
Donna S. Wieting, collection-of-information approved for most applicants of new sites. The
Director, Office of Protected Resources, under OMB Control Number 0648–0205. application form for the Aquacultured
National Marine Fisheries Service. The National Marine Fisheries Service Live Rock Permit Renewal does not
[FR Doc. 2016–30492 Filed 12–19–16; 8:45 am] (NMFS) Southeast Region manages the include the Aquaculture Site Evaluation
BILLING CODE 3510–22–P U.S. Federal fisheries in the Caribbean, Report; however, the Aquacultured Live

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Document Created: 2018-02-14 09:09:41
Document Modified: 2018-02-14 09:09:41

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 revised application for marine mammal incidental take regulations (ITRs); request for comments and information; extension of public comment period.
Dates		Comments and information must be received no later than January 23, 2017.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		81 FR 92788

81 FR 92788 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 244 (December 20, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration