82 FR 43223 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 177 (September 14, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 177 (September 14, 2017)
| Page Range | 43223-43224 | |
| FR Document | 2017-19544 |
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)] [Notices] [Pages 43223-43224] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19544] [[Page 43223]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE937 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research 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' Office of Protected Resources (OPR) has received a request from the NMFS Alaska Fisheries Science Center (AFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), OPR is announcing receipt of the AFSC's request for the development and implementation of regulations governing the incidental taking of marine mammals. OPR invites the public to provide information, suggestions, and comments on the AFSC's application and request. DATES: Comments and information must be received no later than October 16, 2017. ADDRESSES: Comments on the applications 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: OPR 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/research.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. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, 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. 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 (as delegated to NMFS) 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. NMFS has defined ``unmitigable adverse impact'' in 50 CFR 216.103 as . . . an impact resulting from the specified activity: (1) That is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by: (i) Causing the marine mammals to abandon or avoid hunting areas; (ii) directly displacing subsistence users; or (iii) placing physical barriers between the marine mammals and the subsistence hunters; and (2) That cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met. The MMPA states that the term ``take'' means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. 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 June 28, 2016, OPR received an adequate and complete application from the AFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the AFSC. We previously made this version of the application available for public review on October 18, 2016 (81 FR 71709), for a period of 30 days. On September 6, 2017, AFSC presented substantive revisions to the application. First, AFSC has modified their analysis of potential take of marine mammals resulting from fisheries research activities that they conduct following a determination that take of sperm whales and killer whales is a reasonably anticipated outcome of those activities. These species are known to attempt depredation of the catch of longline operations, and although there are no known interactions between these species and research longline gear, there are records of such interactions between these species and commercial longline operations. Therefore, AFSC has modified their request for authorization of take to include small numbers of take of these species specifically incidental to fisheries research using bottom longline gear. Second, AFSC has determined it appropriate to incorporate the fisheries research activities of the International Pacific Halibut Commission (IPHC) into their specified activity. The IPHC, established by a Convention between the governments of Canada and the U.S., is an international fisheries organization mandated to conduct research on and management of the stocks of Pacific halibut (Hippoglossus stenolepis) within the Convention waters of both nations. Although operating in U.S. waters (and, therefore, subject to the MMPA prohibition on ``take'' of marine mammals), the IPHC is not appropriately considered to be a U.S. citizen (as defined by the MMPA) and [[Page 43224]] cannot be issued an incidental take authorization. IPHC activity and requested take authorization is described in Appendix C of AFSC's application. Aside from section 6.1 (describing the requested take authorization incidental to AFSC-conducted activities) and Appendix C (describing IPHC activities and associated take authorization request), the AFSC application is unchanged from the version made available for review in 2016. The requested regulations would be valid for five years from the date of issuance. The AFSC plans to conduct fisheries research surveys in multiple geographic regions, including the Gulf of Alaska, Bering Sea, and Arctic Ocean. The IPHC operates in the Bering Sea, Gulf of Alaska, and waters off the U.S. west coast. It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in AFSC's and IPHC's fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the AFSC operates active acoustic devices that have the potential to disturb marine mammals. Because the specified activities have the potential to take marine mammals present within these action areas, the AFSC requests authorization to take multiple species of marine mammal that may occur in these areas, incidental to the activities planned by AFSC and IPHC. Specified Activities The Federal Government has a responsibility to conserve and protect living marine resources in U.S. federal waters and has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside the United States. NOAA has the primary responsibility for managing marine fin and shellfish species and their habitats, with that responsibility delegated within NOAA to NMFS. In order to direct and coordinate the collection of scientific information needed to make informed management decisions, Congress created six Regional Fisheries Science Centers, each a distinct organizational entity and the scientific focal point within NMFS for region-based, Federal fisheries-related research. This research is aimed at monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research. The AFSC is the research arm of NMFS in U.S. waters off of Alaska. As noted above, the IPHC is an international organization dedicated to conducting research in support of increasing and maintaining knowledge of halibut biology and stock assessment. Research is aimed at monitoring fish stock recruitment, survival and biological rates, abundance and geographic distribution of species and stocks, and providing other scientific information needed to improve our understanding of complex marine ecological processes. The AFSC and IPHC propose to administer and conduct these survey programs over the five-year period. Information Solicited Interested persons may submit information, suggestions, and comments concerning the AFSC'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 the AFSC and IPHC, if appropriate. Dated: September 11, 2017. Catherine Marzin, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2017-19544 Filed 9-13-17; 8:45 am] BILLING CODE 3510-22-P
![43224 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices
cannot be issued an incidental take As noted above, the IPHC is an turtle is located in the intake canal of
authorization. IPHC activity and international organization dedicated to the facility, the sea turtle will be
requested take authorization is conducting research in support of collected by Texas Parks and Wildlife
described in Appendix C of AFSC’s increasing and maintaining knowledge Department and held at their nearby
application. of halibut biology and stock assessment. facility until the United States Fish and
Aside from section 6.1 (describing the Research is aimed at monitoring fish Wildlife Service collects the sea turtles
requested take authorization incidental stock recruitment, survival and for tagging and rehabilitation at the
to AFSC-conducted activities) and biological rates, abundance and Animal Rehabilitation Keep prior to
Appendix C (describing IPHC activities geographic distribution of species and release back into the Gulf of Mexico.
and associated take authorization stocks, and providing other scientific Although every effort will be made to
request), the AFSC application is information needed to improve our intercept sea turtles prior to the cooling
unchanged from the version made understanding of complex marine water intake structure, it is possible that
available for review in 2016. ecological processes. The AFSC and a stunned sea turtle may become
The requested regulations would be IPHC propose to administer and impinged on the automatic rake prior to
valid for five years from the date of conduct these survey programs over the entering the structure. Although
issuance. The AFSC plans to conduct five-year period. unlikely, due to the physical
fisheries research surveys in multiple Information Solicited characteristics and operations of the
geographic regions, including the Gulf structure, any impingement of turtles
Interested persons may submit would be lethal.
of Alaska, Bering Sea, and Arctic Ocean.
information, suggestions, and comments NMFS is furnishing this notice in
The IPHC operates in the Bering Sea,
concerning the AFSC’s request (see order to allow other agencies and the
Gulf of Alaska, and waters off the U.S.
ADDRESSES). NMFS will consider all public an opportunity to review and
west coast. It is possible that marine
information, suggestions, and comments comment on this document. All
mammals may interact with fishing gear
related to the request during the comments received will become part of
(e.g., trawls nets, longlines) used in
development of proposed regulations the public record and will be available
AFSC’s and IPHC’s fisheries research
governing the incidental taking of for review.
projects, resulting in injury, serious
marine mammals by the AFSC and
injury, or mortality. In addition, the DATES: Written comments must be
IPHC, if appropriate.
AFSC operates active acoustic devices received at the appropriate address or
that have the potential to disturb marine Dated: September 11, 2017. fax number (see ADDRESSES) on or before
mammals. Because the specified Catherine Marzin, October 16, 2017.
activities have the potential to take Acting Deputy Director, Office of Protected ADDRESSES: The application is available
marine mammals present within these Resources, National Marine Fisheries Service. for download and review at http://
action areas, the AFSC requests [FR Doc. 2017–19544 Filed 9–13–17; 8:45 am] www.nmfs.noaa.gov/pr/permits/esa_
authorization to take multiple species of BILLING CODE 3510–22–P review.htm under the section heading
marine mammal that may occur in these ESA Section 10(a)(1)(B) Permits and
areas, incidental to the activities Applications. The application is also
planned by AFSC and IPHC. DEPARTMENT OF COMMERCE available upon written request or by
Specified Activities appointment in the following office:
National Oceanic and Atmospheric
Endangered Species Conservation
The Federal Government has a Administration
Division, Office of Protected Resources,
responsibility to conserve and protect RIN 0648–XF362 NMFS, 1315 East-West Highway, Room
living marine resources in U.S. federal 13752, Silver Spring, MD 20910; phone
waters and has also entered into a Endangered and Threatened Species; (301) 427–8403; fax (301) 713–4060.
number of international agreements and File No. 21316 You may submit comments, identified
treaties related to the management of AGENCY: National Marine Fisheries by NOAA–NMFS–2017–0104, by any of
living marine resources in international Service (NMFS), National Oceanic and the following methods:
waters outside the United States. NOAA Atmospheric Administration (NOAA), • Electronic Submissions: Submit all
has the primary responsibility for Commerce. electronic public comments via the
managing marine fin and shellfish Federal eRulemaking Portal. Go to
ACTION: Notice; receipt of application.
species and their habitats, with that www.regulations.gov/
responsibility delegated within NOAA SUMMARY: NMFS has received an #!docketDetail;D=NOAA-NMFS-2017-
to NMFS. application from Barney M. Davis L.P. 0104 click the ‘‘Comment Now’’ icon,
In order to direct and coordinate the for an incidental take permit, pursuant complete the required fields, and enter
collection of scientific information to the Endangered Species Act (ESA) of or attach your comments.
needed to make informed management 1973, as amended, for Barney M. Davis • Fax: (301) 713–4060; Attn: Ron
decisions, Congress created six Regional Power Station in Corpus Christi, TX. Dean.
Fisheries Science Centers, each a The facility monitors the intake canal in • Mail: Submit written comments to
distinct organizational entity and the an effort to intercept sea turtles prior to Endangered Species Conservation
scientific focal point within NMFS for their contact with the facility’s cooling Division, Office of Protected Resources,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
region-based, Federal fisheries-related water intake structure. The facility is NMFS, 1315 East-West Highway, Room
research. This research is aimed at requesting the permit be issued for a 13535, Silver Spring, MD 20910; Attn:
monitoring fish stock recruitment, duration of 10 years. Ron Dean.
abundance, survival and biological Although the facility has been in Instructions: You must submit
rates, geographic distribution of species operation since 1974, the presence of comments by one of the above methods
and stocks, ecosystem process changes, sea turtles in the intake canal has only to ensure that we receive, document,
and marine ecological research. The occurred during the past 10 years, and and consider them. Comments sent by
AFSC is the research arm of NMFS in is associated with cold-stunning events. any other method, to any other address
U.S. waters off of Alaska. Under the proposed action, when a sea or individual, or received after the end
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Document Created: 2017-09-13 23:48:56
Document Modified: 2017-09-13 23:48:56
| 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 October 16, 2017. | |
| Contact | Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, 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. | |
| FR Citation | 82 FR 43223 | |
| RIN Number | 0648-XE93 |
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