82 FR 1721 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fishery-Independent Monitoring Activities

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range		1721-1722
FR Document		2016-31946

NMFS has received a request from the Texas Parks and Wildlife Department (TPWD) for authorization to take marine mammals incidental to conducting fishery-independent monitoring activities in estuarine waters of Texas, over the course of five years. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of TPWD'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 TPWD's application and request.

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017)

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1721-1722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31946]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF107


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Fishery-Independent Monitoring Activities

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 has received a request from the Texas Parks and Wildlife 
Department (TPWD) for authorization to take marine mammals incidental 
to conducting fishery-independent monitoring activities in estuarine 
waters of Texas, over the course of five years. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of TPWD'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 TPWD's application and request.

DATES: Comments and information must be received no later than February 
6, 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: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing online at 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. 
All personal identifying information (e.g., name, address), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    Electronic copies of TPWD's application may be obtained online at: 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of 
problems accessing these documents, please call the contact listed 
above.

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.

[[Page 1722]]

    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).''

Summary of Request

    On July 29, 2015, NMFS received an adequate and complete 
application from TPWD requesting authorization for take of marine 
mammals incidental to fishery-independent monitoring activities in 
Texas. The requested regulations would be valid for five years from the 
date of issuance. The proposed action requires the use of gillnets in 
Texas bays. Use of gillnets in Texas bays presents a reasonable 
likelihood of interaction with bottlenose dolphins (Tursiops 
truncatus). Therefore, TPWD requests authorization to incidentally take 
bottlenose dolphins.

Specified Activities

    TPWD conducts a long-term standardized fishery-independent 
monitoring program to assess the relative abundance and size of finfish 
and shellfish in Texas bays. This program uses gillnets deployed 
according to a stratified random sample design, with each Texas bay 
system as an independent stratum. Gillnets are set overnight during 
ten-week spring and fall sampling seasons, with gillnets set 
perpendicularly to shore.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning TPWD'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 TPWD, if appropriate.

    Dated: December 27, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-31946 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 1721

TABLE 1—SCOPING MEETINGS
January 18, 2017—6 p.m., listening station ............................................. January 19, 2017—6 p.m., listening station.
Harvey Government Center, 1200 Truman Avenue, 2nd Floor, Key Hyatt Place Marathon, 1996 Overseas Highway, Marathon, FL 33050.
West, FL 33040.
January 23, 2017—6 p.m., in-person meeting ......................................... January 24, 2017—6 p.m., in-person meeting.
Lexington Hotel & Conference Center, 1515 Prudential Drive, Jackson- Hilton Cocoa Beach Oceanfront, 1550 North Atlantic Avenue, Cocoa
ville, FL 32207. Beach, FL 32931.
January 25, 2017—6 p.m., in-person meeting ......................................... January 26, 2017—6 p.m., in-person meeting.
Flagler Place, 201 SW Flagler Avenue, Stuart, FL 34994 ...................... Hilton Key Largo, 97000 Overseas Highway, Key Largo, FL 33037.
January 30, 2017—6 p.m., in-person meeting ......................................... January 31, 2017—6 p.m., in-person meeting.
Murrells Inlet Community Center, 4462 Murrells Inlet Road, Murrells Crowne Plaza, 4831 Tanger Outlet Boulevard, North Charleston, SC
Inlet, SC 29576. 29418.
February 1, 2017—6 p.m., in-person meeting ......................................... February 6, 2017—6 p.m., in-person meeting.
Richmond Hill City Center, 520 Cedar Street, Richmond Hill, GA 31324 Hilton Wilmington Riverside, 201 N. Water Street, Wilmington, NC
28401.
February 7, 2017—6 p.m., in-person meeting ......................................... February 8, 2017—6 p.m., in-person meeting.
Hatteras Community Center, 57689 NC Highway 12, Hatteras, NC Doubletree by Hilton, 2717 W. Fort Macon Road, Atlantic Beach, NC
27943. 28512.

After the DEIS associated with Dated: December 30, 2016. Harrison, Chief, Permits and
Amendment 43 is completed, it will be Alan D. Risenhoover, Conservation Division, Office of
filed with the Environmental Protection Director, Office of Sustainable Fisheries, Protected Resources, National Marine
Agency (EPA). After filing, the EPA will National Marine Fisheries Service. Fisheries Service. Physical comments
publish a notice of availability of the [FR Doc. 2016–32049 Filed 1–5–17; 8:45 am] should be sent to 1315 East-West
DEIS for public comment in the Federal BILLING CODE 3510–22–P Highway, Silver Spring, MD 20910 and
Register. Consistent with the CEQ electronic comments should be sent to
regulations, the DEIS will have a 45-day ITP.Laws@noaa.gov.
public comment period. DEPARTMENT OF COMMERCE Instructions: Comments sent by any
The Council and NMFS will consider other method, to any other address or
public comments received on the DEIS National Oceanic and Atmospheric individual, or received after the end of
in developing the final environmental Administration the comment period, may not be
impact statement (FEIS) and before RIN 0648–XF107 considered by NMFS. All comments
adopting final management measures for received are a part of the public record
the amendment. NMFS will submit the Taking and Importing Marine and will generally be posted for public
consolidated final amendment and Mammals; Taking Marine Mammals viewing online at www.nmfs.noaa.gov/
supporting FEIS to the Secretary of Incidental to Fishery-Independent pr/permits/incidental/research.htm
Commerce (Secretary) for review as Monitoring Activities without change. All personal identifying
required by the Magnuson-Stevens information (e.g., name, address),
AGENCY: National Marine Fisheries confidential business information, or
Fishery Conservation and Management Service (NMFS), National Oceanic and
Act. otherwise sensitive information
Atmospheric Administration (NOAA), submitted voluntarily by the sender will
NMFS will announce, through a Commerce.
notification in the Federal Register, the be publicly accessible. Attachments to
ACTION: Notice; receipt of application for electronic comments will be accepted in
availability of the final amendment for Letters of Authorization; request for
public review during the Department of Microsoft Word, Excel, or Adobe PDF
comments and information. file formats only.
Commerce Secretarial review period
and will consider all public comments. SUMMARY: NMFS has received a request FOR FURTHER INFORMATION CONTACT: Ben
During Secretarial review, NMFS will from the Texas Parks and Wildlife Laws, Office of Protected Resources,
also file the FEIS with the EPA, and the Department (TPWD) for authorization to NMFS, (301) 427–8401.
EPA will publish a notice of availability take marine mammals incidental to SUPPLEMENTARY INFORMATION:
for the FEIS in the Federal Register. conducting fishery-independent Availability
This public comment period is expected monitoring activities in estuarine waters
to be concurrent with the Secretarial of Texas, over the course of five years. Electronic copies of TPWD’s
review period and will end prior to final Pursuant to regulations implementing application may be obtained online at:
agency action to approve, disapprove, or the Marine Mammal Protection Act www.nmfs.noaa.gov/pr/permits/
partially approve the Amendment 43. (MMPA), NMFS is announcing receipt incidental/research.htm. In case of
of TPWD’s request for the development problems accessing these documents,
NMFS will announce, through a
and implementation of regulations please call the contact listed above.
document published in the Federal
Register, all public comment periods on governing the incidental taking of Background
the final amendment, its proposed marine mammals. NMFS invites the
Section 101(a)(5)(A) of the MMPA (16
implementing regulations, and the public to provide information,
U.S.C. 1361 et seq.) directs the Secretary
sradovich on DSK3GMQ082PROD with NOTICES

availability of its associated FEIS. NMFS suggestions, and comments on TPWD’s of Commerce (Secretary) to allow, upon
will consider all public comments application and request. request, the incidental, but not
received during the Secretarial review DATES: Comments and information must intentional, taking of small numbers of
period, whether they are on the final be received no later than February 6, marine mammals by U.S. citizens who
amendment, the proposed regulations, 2017. engage in a specified activity (other than
or the FEIS, prior to final agency action. ADDRESSES: Comments on the commercial fishing) if certain findings
Authority: 16 U.S.C. 1801 et seq. application should be addressed to Jolie are made and regulations are issued.

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1722 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

Incidental taking shall be allowed if ADDRESSES). NMFS will consider all SUPPLEMENTARY INFORMATION: The
NMFS finds that the taking will have a information, suggestions, and comments purpose of the Groundfish Assessment
negligible impact on the species or related to the request during the Methodology Review Meeting is to
stock(s) affected and will not have an development of proposed regulations review proposed methods for
unmitigable adverse impact on the governing the incidental taking of groundfish stock assessment. The
availability of the species or stock(s) for marine mammals by TPWD, if specific methodologies to be reviewed
taking for subsistence uses, and if the appropriate. are:
permissible methods of taking and
requirements pertaining to the
Dated: December 27, 2016. • Use of the Dirichlet multinomial
Donna S. Wieting, likelihood for compositional data;
mitigation, monitoring and reporting of
Director, Office of Protected Resources,
such taking are set forth. National Marine Fisheries Service.
• Application of the Generalized
NMFS has defined ‘‘negligible Linear Mixed Model (GLMM) with
[FR Doc. 2016–31946 Filed 1–5–17; 8:45 am]
impact’’ in 50 CFR 216.103 as ‘‘an spatial autocorrelation to survey data;
BILLING CODE 3510–22–P
impact resulting from the specified • Application of the GLMM with
activity that cannot be reasonably
spatial autocorrelation to fishery catch
expected to, and is not reasonably likely
DEPARTMENT OF COMMERCE per unit effort data;
to, adversely affect the species or stock
through effects on annual rates of • Revised set of priors for natural
National Oceanic and Atmospheric
recruitment or survival.’’ Administration mortality;
Except with respect to certain • Revised prior for steepness; and
activities not pertinent here, the MMPA RIN 0648–XF135
defines ‘‘harassment’’ as: ‘‘any act of • New features in the revised Stock
pursuit, torment, or annoyance which (i) Pacific Fishery Management Council; Synthesis software.
has the potential to injure a marine Public Meeting Public comments during the meeting
mammal or marine mammal stock in the AGENCY: National Marine Fisheries will be received from attendees at the
wild (Level A harassment); or (ii) has Service (NMFS), National Oceanic and discretion of the chair.
the potential to disturb a marine Atmospheric Administration (NOAA), Although non-emergency issues not
mammal or marine mammal stock in the Commerce. identified in the meeting agenda may
wild by causing disruption of behavioral ACTION: Notice of a public meeting. come before the meeting participants for
patterns, including, but not limited to,
SUMMARY: The Pacific Fishery discussion, those issues may not be the
migration, breathing, nursing, breeding,
Management Council (Pacific Council) subject of formal action during this
feeding, or sheltering (Level B
harassment).’’ is sponsoring a meeting to review new meeting. Formal action at the meeting
methods proposed to be used in will be restricted to those issues
Summary of Request groundfish stock assessments. The specifically listed in this notice and any
On July 29, 2015, NMFS received an meeting is open to the public. issues arising after publication of this
adequate and complete application from DATES: The Groundfish Assessment notice that require emergency action
TPWD requesting authorization for take Methodology Review Meeting will under Section 305(c) of the Magnuson-
of marine mammals incidental to commence at 8:30 a.m. PST, Stevens Fishery Conservation and
fishery-independent monitoring Wednesday, January 25, 2017, and Management Act, provided the public
activities in Texas. The requested continue until 5 p.m. or as necessary to has been notified of the meeting
regulations would be valid for five years complete business for the day. The participants’ intent to take final action
from the date of issuance. The proposed meeting will reconvene on Thursday, to address the emergency.
action requires the use of gillnets in January 26, 2017, starting at 8:30 a.m. Visitors who are foreign nationals
Texas bays. Use of gillnets in Texas bays PST and continue as necessary to (defined as a person who is not a citizen
presents a reasonable likelihood of complete business for the day.
interaction with bottlenose dolphins or national of the United States) will
ADDRESSES: On January 25, 2017, the require additional security clearance to
(Tursiops truncatus). Therefore, TPWD Groundfish Assessment Methodology
requests authorization to incidentally access the NMFS Northwest Fisheries
Review Meeting will be held in the Science Center. Foreign national visitors
take bottlenose dolphins. auditorium at the NMFS Northwest should contact Ms. Stacey Miller at
Specified Activities Fisheries Science Center, 2725 Montlake (541) 867–0535 at least two weeks prior
TPWD conducts a long-term Boulevard E, Seattle, WA 98112;
to the meeting date to initiate the
standardized fishery-independent telephone: (206) 860–3200. On January
security clearance process.
monitoring program to assess the 26, 2017, the meeting will be held in the
relative abundance and size of finfish Heritage Room at the Seattle Yacht Club, Special Accommodations
and shellfish in Texas bays. This 1807 East Hamlin Street, Seattle, WA
98112; telephone: (206) 325–1000. The This meeting is physically accessible
program uses gillnets deployed to people with disabilities. Requests for
according to a stratified random sample Seattle Yacht Club is next door to the
NMFS Northwest Fisheries Science auxiliary aids should be directed to Mr.
design, with each Texas bay system as
Center. Kris Kleinschmidt at 503–820–2425 at
an independent stratum. Gillnets are set
Council address: Pacific Fishery least ten days prior to the meeting date.
sradovich on DSK3GMQ082PROD with NOTICES

overnight during ten-week spring and
Management Council, 7700 NE Dated: January 3, 2017.
fall sampling seasons, with gillnets set
Ambassador Place, Suite 101, Portland,
perpendicularly to shore. Jeffrey N. Lonergan,
OR 97220–1384; telephone: (503) 820–
Information Solicited 2280. Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
Interested persons may submit FOR FURTHER INFORMATION CONTACT: Mr.
[FR Doc. 2017–00060 Filed 1–5–17; 8:45 am]
information, suggestions, and comments John DeVore, Pacific Council;
BILLING CODE 3510–22–P
concerning TPWD’s request (see telephone: (503) 820–2413.

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Document Created: 2017-01-06 01:30:03
Document Modified: 2017-01-06 01:30:03

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 February 6, 2017.
Contact		Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation		82 FR 1721
RIN Number		0648-XF10

82 FR 1721 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fishery-Independent Monitoring Activities

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 4 (January 6, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration