82_FR_22405 82 FR 22313 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities

82 FR 22313 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22313-22314
FR Document2017-09773

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the Sonoma County Water Agency (SCWA) for the take of marine mammals incidental to Russian River estuary management activities in Sonoma County, California.

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017) 
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22313-22314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF343


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Russian River Estuary Management Activities

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

ACTION: Notice of issuance of Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the Sonoma 
County Water Agency (SCWA) for the take of marine mammals incidental to 
Russian River estuary management activities in Sonoma County, 
California.

DATES: Effective from April 21, 2017, through April 20, 2022.

ADDRESSES: The LOA and supporting documentation are available online 
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case 
of problems accessing these documents, please call the contact listed 
above (see FOR FURTHER INFORMATION CONTACT).

[[Page 22314]]


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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as ``an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On September 2, 2016, we received an adequate and complete request 
from SCWA for authorization to take marine mammals incidental to 
estuary management activities. On December 30, 2016 (81 FR 96415), we 
published a notice of proposed rulemaking in the Federal Register, 
requesting comments and information related to the SCWA request for 30 
days. The final rule was published in the Federal Register on March 15, 
2017 (82 FR 13765). For detailed information on this action, please 
refer to those documents. The regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during estuary management activities in Sonoma County, 
California.
    The specified activity involves management of the estuary to 
prevent flooding while preventing adverse modification to critical 
habitat for Endangered Species Act-listed salmonids. During the lagoon 
management period (May 15-October 15), this involves construction and 
maintenance of a lagoon outlet channel that would facilitate formation 
of a perched lagoon. A perched lagoon, which is an estuary closed to 
tidal influence in which water surface elevation is above mean high 
tide, would reduce flooding while maintaining beneficial conditions for 
juvenile salmonids. Additional breaches of the barrier beach may be 
conducted for the sole purpose of reducing flood risk.
    There are three components to SCWA's ongoing estuary management 
activities: (1) Lagoon outlet channel management, during the lagoon 
management period only, required to accomplish the dual purposes of 
flood risk abatement and maintenance of juvenile salmonid habitat; (2) 
traditional artificial breaching, with the sole objective of flood risk 
abatement; and (3) physical and biological monitoring in and near the 
estuary, required to understand response to water surface elevation 
management in the estuary-lagoon system. SCWA is authorized to take 
individuals of three species by Level B harassment only. No takes by 
Level A harassment, serious injury, or mortality are anticipated.

Authorization

    We have issued a LOA to SCWA authorizing the take of marine mammals 
incidental to estuary management activities, as described above. Take 
of marine mammals will be minimized through implementation of 
mitigation measures designed to eliminate startling reactions that may 
result in stampedes or extended mother-pup separation, to further 
reduce the possibility of impacts to pups by eliminating or altering 
management activities on the beach when pups are present, and by 
setting limits on the frequency and duration of events during pupping 
season (March 15-June 30). Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
SCWA will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: May 10, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-09773 Filed 5-12-17; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices 22313 Subsidy Assessment Rates XIII. Analysis of Comments Producer/exporter rate Comment 1: Whether the Provision of The Department intends to issue Electricity Is Regionally-Specific (percent) assessment instructions to CBP 15 days Comment 2: Whether the Department Kingman Floors Co., Ltd. ............. 1.06 after the date of publication of these Improperly Compared VAT-Inclusive Linyi Anying Wood Co., Ltd. ......... 1.06 final results of review, to liquidate Electricity Benchmarks to VAT- Linyi Bonn Flooring Manufacturing shipments of subject merchandise Exclusive Paid Electricity Prices and Co., Ltd. .................................... 1.06 entered, or withdrawn from warehouse, Whether the Department Should Remove Linyi Youyou Wood Co., Ltd. ....... 1.06 for consumption on or after January 1, VAT from the Comparison Mudanjiang Bosen Wood Industry 2014, through December 31, 2014, at the Comment 3: Whether Fine Furniture’s Co., Ltd. .................................... 1.06 ad valorem rates listed above. Electricity Subsidy Rate Was Calculated Nakahiro Jyou Sei Furniture Correctly (Dalian) Co., Ltd. ....................... 1.06 Cash Deposit Instructions Comment 4: Whether Additional Fees Are Pinge Timber Manufacturing Properly Included in the Benchmark In accordance with section 751(a)(1) Comparison Used in the Electricity for (Zhejiang) Co., Ltd. ................... 1.06 of the Act, the Department intends to LTAR Program Puli Trading Limited ...................... 1.06 Qingdao Barry Flooring Co., Ltd .. 1.06 instruct CBP to collect cash deposits of Comment 5: Whether the Potential Riverside Plywood Corporation .... 1.06 estimated countervailing duties in the Rectification Fund for Safe Production Is Samling Elegant Living Trading amounts shown for each of the Specific (Labuan) Limited ....................... 1.06 respective companies listed above. For Comment 6: Whether Fine Furniture’s 2010 Samling Riverside Co., Ltd. .......... 1.06 all non-reviewed firms, we will instruct Sales Value Is Correctly Reflected in the Shandong Kaiyuan Wood Industry CBP to continue to collect cash deposits Final Results Comment 7: Whether the Allowance for Co., Ltd. .................................... 1.06 at the most recent company-specific or Attorney’s Fees Program Is Shanghai Anxin (Weiguang) Tim- all-others rate applicable to the Countervailable ber Co., Ltd. .............................. 1.06 company. These cash deposit Comment 8: Whether the Patent Shanghai Eswell Timber Co., Ltd. 1.06 requirements, when imposed, shall Application Support Program Is Specific Shanghai Lairunde Wood Co., Ltd 1.06 remain in effect until further notice. XIV. Conclusion Shanghai Lizhong Wood Products Co., Ltd. (also known as The Administrative Protective Orders [FR Doc. 2017–09746 Filed 5–12–17; 8:45 am] Lizhong Wood Industry Limited BILLING CODE 3510–DS–P This notice also serves as a reminder Company of Shanghai) ............. 1.06 Shanghai New Sihe Wood Co., to parties subject to administrative Ltd. ............................................ 1.06 protective order (APO) of their DEPARTMENT OF COMMERCE Shanghai Shenlin Corporation ..... 1.06 responsibility concerning the Shenyang Haobainian Wooden destruction of proprietary information National Oceanic and Atmospheric Co., Ltd. .................................... 1.06 disclosed under APO in accordance Administration Shenzhenshi Huanwei Woods with 19 CFR 351.305(a)(3). Timely Co., Ltd. .................................... 1.06 written notification of the return or Sino-Maple (Jiangsu) Co., Ltd. ..... 1.06 RIN 0648–XF343 destruction of APO materials or Suzhou Dongda Wood Co., conversion to judicial protective order is Ltd.(8M) ..................................... 1.06 Taking and Importing Marine hereby requested. Failure to comply Mammals; Taking Marine Mammals Tongxiang Jisheng Import and Export Co., Ltd. ......................... 1.06 with the regulations and terms of an Incidental to Russian River Estuary Vicwood Industry (Suzhou) Co. APO is a sanctionable violation. Management Activities Ltd. ............................................ 1.06 We are issuing and publishing these Xiamen Yung De Ornament Co., results in accordance with sections AGENCY: National Marine Fisheries Ltd. ............................................ 1.06 751(a)(1) and 777(i)(1) of the Act. Service (NMFS), National Oceanic and Xuzhou Antop International Trade Dated: May 9, 2017. Atmospheric Administration (NOAA), Co., Ltd. .................................... 1.06 Gary Taverman, Commerce. Xuzhou Shenghe Wood Co., Ltd. 1.06 ACTION: Notice of issuance of Letter of Yekalon Industry, Inc. ................... 1.06 Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Authorization. Yingyi-Nature (Kunshan) Wood Industry Co., Ltd. ...................... 1.06 Operations. SUMMARY: In accordance with the Yixing Lion-King Timber Industry 1.06 Appendix I Marine Mammal Protection Act Zhejiang AnJi Xinfeng Bamboo and Wood Industry Co., Ltd. ..... 1.06 List of Topics Discussed in the Final (MMPA), as amended, and Zhejiang Biyork Wood Co., Ltd. ... 1.06 Decision Memorandum implementing regulations, notification Zhejiang Dadongwu Green Home I. Summary is hereby given that a Letter of Wood Co., Ltd. .......................... 1.06 II. Background Authorization (LOA) has been issued to Zhejiang Desheng Wood Industry III. List of Interested Party Comments the Sonoma County Water Agency Co., Ltd. .................................... 1.06 IV. Scope of the Order (SCWA) for the take of marine mammals Zhejiang Fudeli Timber Industry V. Partial Rescission of Administrative incidental to Russian River estuary Co., Ltd. .................................... 1.06 Review management activities in Sonoma Zhejiang Fuerjia Wooden Co., VI. Subsidies Valuation Information County, California. Ltd. ............................................ 1.06 VII. Loan Benchmark Rates Zhejiang Fuma Warm Technology VIII. Use of Facts Otherwise Available and DATES: Effective from April 21, 2017, Adverse Facts Available and Corroboration through April 20, 2022. jstallworth on DSK7TPTVN1PROD with NOTICES Co., Ltd. .................................... 1.06 Zhejiang Haoyun Wooden Co., of Secondary Information ADDRESSES: The LOA and supporting Ltd. ............................................ 1.06 IX. Programs Determined to Be documentation are available online at: Zhejiang Longsen Lumbering Co., Countervailable X. Programs Determined Not to Confer www.nmfs.noaa.gov/pr/permits/ Ltd. ............................................ 1.06 incidental/construction.htm. In case of Zhejiang Shiyou Timber Co., Ltd. 1.06 Measurable Benefits XI. Programs Determined Not to Be Used problems accessing these documents, Zhejiang Shuimojiangnan New Material Technology Co., Ltd. ... 1.06 XII. Ad Valorem Rate for Non-Selected please call the contact listed above (see Companies Under Review FOR FURTHER INFORMATION CONTACT). VerDate Sep<11>2014 13:51 May 12, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1

22314 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices FOR FURTHER INFORMATION CONTACT: Ben regulations include mitigation, Based on these findings and the Laws, Office of Protected Resources, monitoring, and reporting requirements information discussed in the preamble NMFS, (301) 427–8401. for the incidental take of marine to the final rule, the activities described SUPPLEMENTARY INFORMATION: mammals during estuary management under this LOA will have a negligible activities in Sonoma County, California. impact on marine mammal stocks and Background will not have an unmitigable adverse The specified activity involves Sections 101(a)(5)(A) and (D) of the management of the estuary to prevent impact on the availability of the affected MMPA (16 U.S.C. 1361 et seq.) direct flooding while preventing adverse marine mammal stock for subsistence the Secretary of Commerce to allow, modification to critical habitat for uses. upon request, the incidental, but not Endangered Species Act-listed Dated: May 10, 2017. intentional, taking of small numbers of salmonids. During the lagoon Donna S. Wieting, marine mammals by U.S. citizens who management period (May 15–October engage in a specified activity (other than Director, Office of Protected Resources, 15), this involves construction and National Marine Fisheries Service. commercial fishing) within a specified maintenance of a lagoon outlet channel geographical region if certain findings [FR Doc. 2017–09773 Filed 5–12–17; 8:45 am] that would facilitate formation of a are made and either regulations are perched lagoon. A perched lagoon, BILLING CODE 3510–22–P issued or, if the taking is limited to which is an estuary closed to tidal harassment, a notice of a proposed influence in which water surface authorization is provided to the public DEPARTMENT OF COMMERCE elevation is above mean high tide, for review. would reduce flooding while An authorization for incidental National Oceanic and Atmospheric maintaining beneficial conditions for Administration takings shall be granted if NMFS finds juvenile salmonids. Additional breaches that the taking will have a negligible of the barrier beach may be conducted impact on the species or stock(s), will RIN 0648–XF426 for the sole purpose of reducing flood not have an unmitigable adverse impact risk. on the availability of the species or North Pacific Fishery Management stock(s) for subsistence uses (where There are three components to Council; Public Meeting relevant), and if the permissible SCWA’s ongoing estuary management methods of taking and requirements activities: (1) Lagoon outlet channel AGENCY: National Marine Fisheries pertaining to the mitigation, monitoring management, during the lagoon Service (NMFS), National Oceanic and and reporting of such takings are set management period only, required to Atmospheric Administration (NOAA), forth. NMFS has defined ‘‘negligible accomplish the dual purposes of flood Commerce. impact’’ in 50 CFR 216.103 as ‘‘an risk abatement and maintenance of juvenile salmonid habitat; (2) traditional ACTION: Notice of public meetings. impact resulting from the specified activity that cannot be reasonably artificial breaching, with the sole objective of flood risk abatement; and SUMMARY: The North Pacific Fishery expected to, and is not reasonably likely Management Council (Council) and its to, adversely affect the species or stock (3) physical and biological monitoring in and near the estuary, required to advisory committees will meet June 5, through effects on annual rates of 2017 through June 13, 2017. recruitment or survival.’’ understand response to water surface Except with respect to certain elevation management in the estuary- DATES: The Council will begin its activities not pertinent here, the MMPA lagoon system. SCWA is authorized to plenary session at 8 a.m. in Ballroom 1, defines ‘‘harassment’’ as: Any act of take individuals of three species by Centennial Hall Convention Center on pursuit, torment, or annoyance which (i) Level B harassment only. No takes by Wednesday, June 7, continuing through has the potential to injure a marine Level A harassment, serious injury, or Tuesday, June 13, 2017. The Scientific mammal or marine mammal stock in the mortality are anticipated. and Statistical Committee (SSC) will wild (Level A harassment); or (ii) has Authorization begin at 8 a.m. in Ballroom 2 on the potential to disturb a marine Monday, June 5 and continue through mammal or marine mammal stock in the We have issued a LOA to SCWA Wednesday, June 7, 2017. The Council’s wild by causing disruption of behavioral authorizing the take of marine mammals Advisory Panel (AP) will begin at 8 a.m. patterns, including, but not limited to, incidental to estuary management in Ballroom 3 Tuesday, June 6, and migration, breathing, nursing, breeding, activities, as described above. Take of continue through Saturday, June 10, feeding, or sheltering (Level B marine mammals will be minimized 2017. The Enforcement Committee will harassment). through implementation of mitigation meet in the Egan Room, June 6 from 1 measures designed to eliminate startling p.m. to 4 p.m. The Legislative Summary of Request reactions that may result in stampedes Committee will meet in the Egan Room On September 2, 2016, we received an or extended mother-pup separation, to (time and date to be determined). adequate and complete request from further reduce the possibility of impacts SCWA for authorization to take marine to pups by eliminating or altering ADDRESSES: The meeting will be held at mammals incidental to estuary management activities on the beach the Centennial Hall Convention Center, management activities. On December when pups are present, and by setting 101 Egan Drive, Juneau, AK 99801. 30, 2016 (81 FR 96415), we published a limits on the frequency and duration of Council address: North Pacific notice of proposed rulemaking in the events during pupping season (March Fishery Management Council, 605 W. jstallworth on DSK7TPTVN1PROD with NOTICES Federal Register, requesting comments 15–June 30). Additionally, the rule 4th Ave., Suite 306, Anchorage, AK and information related to the SCWA includes an adaptive management 99501–2252; telephone: (907) 271–2809. request for 30 days. The final rule was component that allows for timely FOR FURTHER INFORMATION CONTACT: published in the Federal Register on modification of mitigation or monitoring David Witherell, Council staff; March 15, 2017 (82 FR 13765). For measures based on new information, telephone: (907) 271–2809. detailed information on this action, when appropriate. The SCWA will please refer to those documents. The submit reports as required. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 13:51 May 12, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1


Document Created: 2017-05-13 02:38:44
Document Modified: 2017-05-13 02:38:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of issuance of Letter of Authorization.
DatesEffective from April 21, 2017, through April 20, 2022.
ContactBen Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation82 FR 22313 
RIN Number0648-XF34
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