82 FR 41938 - Notice of Intent To Prepare an Environmental Assessment on the Issuance of Incidental Take Authorizations in Cook Inlet, Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 170 (September 5, 2017)

Page Range		41938-41939
FR Document		2017-18752

The National Marine Fisheries Service announces its intent to prepare an Environmental Assessment (EA) to analyze the environmental impacts of issuing annual incidental harassment authorizations (IHAs) pursuant to the Marine Mammal Protection Act (MMPA) for the taking of marine mammals incidental to anthropogenic activities in the waters of Cook Inlet, Alaska, for the 2018 season; and its intent to continue an annual cycle for issuing MMPA IHAs in Cook Inlet such that companies planning to submit IHA applications for work to be conducted in Cook Inlet in 2018 do so by no later than October 1, 2017. We refer prospective applicants to our 2016 Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (http:// www.nmfs.noaa.gov/pr/acoustics/guidelines.htm).

Federal Register, Volume 82 Issue 170 (Tuesday, September 5, 2017)

[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41938-41939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18752]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF665


Notice of Intent To Prepare an Environmental Assessment on the 
Issuance of Incidental Take Authorizations in Cook Inlet, Alaska

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

ACTION: Notice.

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SUMMARY: The National Marine Fisheries Service announces its intent to 
prepare an Environmental Assessment (EA) to analyze the environmental 
impacts of issuing annual incidental harassment authorizations (IHAs) 
pursuant to the Marine Mammal Protection Act (MMPA) for the taking of 
marine mammals incidental to anthropogenic activities in the waters of 
Cook Inlet, Alaska, for the 2018 season; and its intent to continue an 
annual cycle for issuing MMPA IHAs in Cook Inlet such that companies 
planning to submit IHA applications for work to be conducted in Cook 
Inlet in 2018 do so by no later than October 1, 2017. We refer 
prospective applicants to our 2016 Technical Guidance for Assessing the 
Effects of Anthropogenic Sound on Marine Mammal Hearing (http://

[[Page 41939]]

www.nmfs.noaa.gov/pr/acoustics/guidelines.htm).

DATES: Applicants should submit applications to the Permits and 
Conservation Division in the Office of Protected Resources by October 
1, 2017.

ADDRESSES: Applications should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910. The mailbox address for providing applications is 
[email protected]. Applications sent via email, including all 
attachments, must not exceed a 25-megabyte file size. NMFS is not 
responsible for applications sent to addresses other than those 
provided here.
    Instructions: All applications received are a part of the public 
record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm. All personal identifying information (for 
example, name, address, etc.) 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: Sara Young, Office of Protected 
Resources, NMFS, (301) 427-8484.

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 for a period of one year or less, a notice of 
proposed authorization is provided to the public for review. The term 
``take'' under the MMPA means ``to harass, hunt, capture or kill, or 
attempt to harass, hunt, capture, or kill.'' 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].''
    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.''

Concern for Cook Inlet Beluga Whales

    Cook Inlet is a semi-enclosed tidal estuary located in southcentral 
Alaska and home to the Cook Inlet beluga whale, a small resident 
population that was designated as depleted under the MMPA and listed as 
an endangered species under the Endangered Species Act (ESA) in 2008. 
The stock has not recovered, despite implementation of subsistence 
hunting regulations in 1999, and cessation of hunting in 2007. In May 
2015, NMFS unveiled its ``Species in the Spotlight: Survive to Thrive'' 
initiative. This initiative includes targeted efforts vital for 
stabilizing eight species--including the Cook Inlet beluga whale--
identified among the most at risk for extinction. The approach involves 
intensive human efforts to stabilize these species, with the goal that 
they will become candidates for recovery. NMFS issued a Federal 
Register Notice in January 2017 announcing availability of its ESA 
Recovery Plan for the Cook Inlet Beluga Whale (82 FR 1325; January 5, 
2017).
    Due to the reduced number of ITA requests in the region, combined 
with current funding constraints, NMFS' intention of preparing an 
Environmental Impact Statement (EIS) for oil and gas activities in Cook 
Inlet has been postponed (79 FR 61616; October 14, 2014). Should the 
number of ITA requests, or anticipated requests, noticeably increase, 
NMFS will re-evaluate whether preparation of an EIS is necessary.

MMPA Authorization Cycle (Application Deadlines)

    To support NMFS' efforts to prepare an EA that covers multiple MMPA 
incidental harassment authorizations for the 2018 open water season, 
NMFS is continuing an application cycle for incidental harassment 
authorizations that include Cook Inlet beluga whales. NMFS requests 
prospective MMPA incidental harassment authorization applicants for the 
2018 open water season to submit their applications by October 1, 2017 
(unless the activity is scheduled to occur before May, in which case 
they should be submitted earlier). Receipt of those MMPA applications 
by October 1, 2017, will aid NMFS in the development of an EA to 
support timely and well-informed MMPA incidental harassment 
authorizations.

    Dated: August 30, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-18752 Filed 9-1-17; 8:45 am]
 BILLING CODE 3510-22-P

41938 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices

DEPARTMENT OF COMMERCE governing the taking and importing of research permit. Based on the analyses
marine mammals (50 CFR part 216), the in the EA, NMFS determined that
National Oceanic and Atmospheric Endangered Species Act of 1973, as issuance of the permit would not
Administration amended (16 U.S.C. 1531 et seq.), and significantly impact the quality of the
RIN 0648–XD900 the regulations governing the taking, human environment and that
importing, and exporting of endangered preparation of an environmental impact
Marine Mammals; File No. 18786–02 and threatened species (50 CFR 222– statement was not required. That
226), and the Fur Seal Act of 1966, as determination is documented in a
AGENCY: National Marine Fisheries amended (16 U.S.C. 1151 et seq.). Finding of No Significant Impact
Service (NMFS), National Oceanic and Permit No. 18786, issued on June 30, (FONSI), signed on June 29, 2017. The
Atmospheric Administration (NOAA), 2015 (80 FR 44939), authorizes the activities in this proposed amendment
Commerce. permit holder to: (1) Carry out response, are consistent with the analyses in the
ACTION: Notice; receipt of application for rescue, rehabilitation and release of original EA and no additional NEPA
permit amendment. threatened and endangered marine analysis is required for the issuance of
mammals under NMFS jurisdiction this amendment. The original EA and
SUMMARY: Notice is hereby given that (Cetacea and Pinnipedia [excluding FONSI are available upon request.
the NMFS Office of Protected Resources, walrus]), and disentanglement of all Concurrent with the publication of
Marine Mammal Health and Stranding marine mammals under NMFS this notice in the Federal Register,
Response Program (Responsible Party: jurisdiction, pursuant to sections 109(h), NMFS is forwarding copies of this
Teri Rowles, D.V.M., Ph.D.), 1315 East 112(c), and Title IV of the MMPA; and, application to the Marine Mammal
West Highway, Silver Spring, MD carry out such activities as enhancement Commission and its Committee of
20910, has applied for an amendment to pursuant to section 10(a)(1)(A) of the Scientific Advisors.
Scientific Research Permit No. 18786– ESA; (2) Conduct health-related, bona Dated: August 30, 2017.
01. fide scientific research studies on Julia Harrison,
DATES: Written, telefaxed, or email marine mammals and marine mammal
Chief, Permits and Conservation Division,
comments must be received on or before parts under NMFS jurisdiction pursuant Office of Protected Resources, National
October 5, 2017. to sections 104(c) and Title IV of the Marine Fisheries Service.
ADDRESSES: The application and related MMPA and section 10(a)(1)(A) of the [FR Doc. 2017–18681 Filed 9–1–17; 8:45 am]
documents are available for review by ESA, including research related to
BILLING CODE 3510–22–P
selecting ‘‘Records Open for Public emergency response that may involve
Comment’’ from the ‘‘Features’’ box on compromised animals, and research on
the Applications and Permits for healthy animals that have not been DEPARTMENT OF COMMERCE
Protected Species home page, https:// subject to emergency response (e.g.,
apps.nmfs.noaa.gov, and then selecting baseline health studies); (3) Conduct National Oceanic and Atmospheric
File No. 18786–02 from the list of Level B harassment on all marine Administration
available applications. mammal species under NMFS
RIN 0648–XF665
These documents are also available jurisdiction incidental to MMHSRP
upon written request or by appointment activities in the U.S.; and (4) Collect, Notice of Intent To Prepare an
in the Permits and Conservation salvage, receive, possess, transfer, Environmental Assessment on the
Division, Office of Protected Resources, import, export, analyze, and curate Issuance of Incidental Take
NMFS, 1315 East-West Highway, Room marine mammal specimens under Authorizations in Cook Inlet, Alaska
NMFS jurisdiction for purposes
13705, Silver Spring, MD 20910; phone
delineated in numbers (1) and (2) above. AGENCY: National Marine Fisheries
(301) 427–8401; fax (301) 713–0376.
The permit holder is requesting the Service (NMFS), National Oceanic and
Written comments on this application
permit be amended to include Atmospheric Administration (NOAA),
should be submitted to the Chief,
authorization to: (1) Increase the Commerce.
Permits and Conservation Division, at
number of dolphins captured, handled, ACTION: Notice.
the address listed above. Comments may
and released for research by 200 takes;
also be submitted by facsimile to (301) SUMMARY: The National Marine
(2) increase the number of research
713–0376, or by email to takes for non-ESA listed pinniped Fisheries Service announces its intent to
NMFS.Pr1Comments@noaa.gov. Please species by 200 takes for directed prepare an Environmental Assessment
include the File No. in the subject line research and by 500 takes for sampling (EA) to analyze the environmental
of the email comment. under other permitted research; (3) impacts of issuing annual incidental
Those individuals requesting a public increase the number of research takes harassment authorizations (IHAs)
hearing should submit a written request for non-ESA listed large whales by 400 pursuant to the Marine Mammal
to the Chief, Permits and Conservation takes; (4) add 10 dedicated research Protection Act (MMPA) for the taking of
Division at the address listed above. The takes for the proposed ESA-listed Gulf marine mammals incidental to
request should set forth the specific of Mexico subspecies of Bryde’s whale anthropogenic activities in the waters of
reasons why a hearing on this (Balaenoptera edeni); and (5) clarify that Cook Inlet, Alaska, for the 2018 season;
application would be appropriate. new methods and tools may be used and its intent to continue an annual
FOR FURTHER INFORMATION CONTACT: during emergency response. cycle for issuing MMPA IHAs in Cook
Shasta McClenahan or Amy Sloan, (301) An environmental assessment (EA) Inlet such that companies planning to
mstockstill on DSK30JT082PROD with NOTICES

427–8401. was prepared for the original permit submit IHA applications for work to be
SUPPLEMENTARY INFORMATION: The (No. 18786) in compliance with the conducted in Cook Inlet in 2018 do so
subject amendment to Permit No. National Environmental Policy Act of by no later than October 1, 2017. We
18786–02 is requested under the 1969 (42 U.S.C. 4321 et seq.), to refer prospective applicants to our 2016
authority of the Marine Mammal examine whether significant Technical Guidance for Assessing the
Protection Act of 1972, as amended (16 environmental impacts could result Effects of Anthropogenic Sound on
U.S.C. 1361 et seq.), the regulations from issuance of the proposed scientific Marine Mammal Hearing (http://

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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices 41939

www.nmfs.noaa.gov/pr/acoustics/ Authorization for incidental takings incidental harassment authorization
guidelines.htm). shall be granted if NMFS finds that the applicants for the 2018 open water
taking will have a negligible impact on season to submit their applications by
DATES: Applicants should submit
the species or stock(s), will not have an October 1, 2017 (unless the activity is
applications to the Permits and
unmitigable adverse impact on the scheduled to occur before May, in
Conservation Division in the Office of
availability of the species or stock(s) for which case they should be submitted
Protected Resources by October 1, 2017.
subsistence uses (where relevant), and if earlier). Receipt of those MMPA
ADDRESSES: Applications should be the permissible methods of taking and applications by October 1, 2017, will aid
addressed to Jolie Harrison, Chief, requirements pertaining to the NMFS in the development of an EA to
Permits and Conservation Division, mitigation, monitoring, and reporting of support timely and well-informed
Office of Protected Resources, National such takings are set forth. NMFS has MMPA incidental harassment
Marine Fisheries Service, 1315 East- defined ‘‘negligible impact’’ in 50 CFR authorizations.
West Highway, Silver Spring, MD 216.103 as ‘‘an impact resulting from
20910. The mailbox address for Dated: August 30, 2017.
the specified activity that cannot be
providing applications is itp.youngkin@ Donna S. Wieting,
reasonably expected to, and is not
noaa.gov. Applications sent via email, reasonably likely to, adversely affect the Director, Office of Protected Resources,
including all attachments, must not National Marine Fisheries Service.
species or stock through effects on
exceed a 25-megabyte file size. NMFS is annual rates of recruitment or survival.’’ [FR Doc. 2017–18752 Filed 9–1–17; 8:45 am]
not responsible for applications sent to BILLING CODE 3510–22–P
addresses other than those provided Concern for Cook Inlet Beluga Whales
here. Cook Inlet is a semi-enclosed tidal
Instructions: All applications received estuary located in southcentral Alaska CORPORATION FOR NATIONAL AND
are a part of the public record and will and home to the Cook Inlet beluga COMMUNITY SERVICE
generally be posted to http:// whale, a small resident population that
www.nmfs.noaa.gov/pr/permits/ was designated as depleted under the Agency Information Collection
incidental.htm. All personal identifying MMPA and listed as an endangered Activities; Submission to the Office of
information (for example, name, species under the Endangered Species Management and Budget for Review
address, etc.) voluntarily submitted by Act (ESA) in 2008. The stock has not and Approval; Comment Request;
the commenter may be publicly recovered, despite implementation of Generic Information Collection
accessible. Do not submit confidential subsistence hunting regulations in 1999, Request for the Collection of
business information or otherwise and cessation of hunting in 2007. In Qualitative Feedback on Agency
sensitive or protected information. May 2015, NMFS unveiled its ‘‘Species Service Delivery; Proposed
in the Spotlight: Survive to Thrive’’ Information Collection; Comment
FOR FURTHER INFORMATION CONTACT: Sara
initiative. This initiative includes Request
Young, Office of Protected Resources,
targeted efforts vital for stabilizing eight
NMFS, (301) 427–8484. AGENCY: Corporation for National and
species—including the Cook Inlet
SUPPLEMENTARY INFORMATION: beluga whale—identified among the Community Service.
most at risk for extinction. The ACTION: Notice.
Background
approach involves intensive human SUMMARY: The Corporation for National
Sections 101 (a)(5)(A) and (D) of the efforts to stabilize these species, with
MMPA (16 U.S.C. 1361 et seq.) direct and Community Service (CNCS) has
the goal that they will become submitted a public information
the Secretary of Commerce to allow, candidates for recovery. NMFS issued a
upon request, the incidental, but not collection request (ICR) entitled Generic
Federal Register Notice in January 2017 Information Collection Request for
intentional taking of small numbers of announcing availability of its ESA
marine mammals by U.S. citizens who Qualitative Feedback on Agency Service
Recovery Plan for the Cook Inlet Beluga Delivery for review and approval in
engage in a specified activity (other than Whale (82 FR 1325; January 5, 2017).
commercial fishing) within a specified accordance with the Paperwork
Due to the reduced number of ITA
geographical region if certain findings Reduction Act of 1995. Copies of this
requests in the region, combined with
are made and either regulations are ICR, with applicable supporting
current funding constraints, NMFS’
issued or, if the taking is limited to documentation, may be obtained by
intention of preparing an Environmental
harassment for a period of one year or calling the Corporation for National and
Impact Statement (EIS) for oil and gas
less, a notice of proposed authorization Community Service, Amy Borgstrom, at
activities in Cook Inlet has been
is provided to the public for review. The 202–606–6930 or email to aborgstrom@
postponed (79 FR 61616; October 14,
term ‘‘take’’ under the MMPA means ‘‘to cns.gov. Individuals who use a
2014). Should the number of ITA
harass, hunt, capture or kill, or attempt telecommunications device for the deaf
requests, or anticipated requests,
to harass, hunt, capture, or kill.’’ Except (TTY–TDD) may call 1–800–833–3722
noticeably increase, NMFS will re-
with respect to certain activities not between 8:00 a.m. and 8:00 p.m. Eastern
evaluate whether preparation of an EIS
pertinent here, the MMPA defines Time, Monday through Friday.
is necessary.
‘‘harassment’’ as ‘‘any act of pursuit, DATES: Comments may be submitted,
torment, or annoyance which (i) has the MMPA Authorization Cycle identified by the title of the information
potential to injure a marine mammal or (Application Deadlines) collection activity, by October 5, 2017.
marine mammal stock in the wild [Level To support NMFS’ efforts to prepare ADDRESSES: Comments may be
mstockstill on DSK30JT082PROD with NOTICES

A harassment]; or (ii) has the potential an EA that covers multiple MMPA submitted, identified by the title of the
to disturb a marine mammal or marine incidental harassment authorizations for information collection activity, to the
mammal stock in the wild by causing the 2018 open water season, NMFS is Office of Information and Regulatory
disruption of behavioral patterns, continuing an application cycle for Affairs, Attn: Ms. Sharon Mar, OMB
including, but not limited to, migration, incidental harassment authorizations Desk Officer for the Corporation for
breathing, nursing, breeding, feeding, or that include Cook Inlet beluga whales. National and Community Service, by
sheltering [Level B harassment].’’ NMFS requests prospective MMPA any of the following two methods by 30

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Document Created: 2017-09-02 03:24:54
Document Modified: 2017-09-02 03:24:54

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.
Dates		Applicants should submit applications to the Permits and Conservation Division in the Office of Protected Resources by October 1, 2017.
Contact		Sara Young, Office of Protected Resources, NMFS, (301) 427-8484.
FR Citation		82 FR 41938
RIN Number		0648-XF66

82 FR 41938 - Notice of Intent To Prepare an Environmental Assessment on the Issuance of Incidental Take Authorizations in Cook Inlet, Alaska

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 170 (September 5, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration