82_FR_5549 82 FR 5538 - Marine Mammals; File No. 20294

82 FR 5538 - Marine Mammals; File No. 20294

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5538-5539
FR Document2017-00952

Notice is hereby given that Robert DiGiovanni, Jr., 6 Wakefield Rd. Hampton Bays, New York 11946, has applied in due form for a permit to conduct research on North Atlantic right whales (Eubalaena glacialis) and 44 other protected marine mammal and sea turtle species.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5538-5539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF148


Marine Mammals; File No. 20294

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

ACTION: Notice; receipt of application.

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SUMMARY: Notice is hereby given that Robert DiGiovanni, Jr., 6 
Wakefield Rd. Hampton Bays, New York 11946, has applied in due form for 
a permit to conduct research on North Atlantic right whales (Eubalaena 
glacialis) and 44 other protected marine mammal and sea turtle species.

DATES: Written, telefaxed, or email comments must be received on or 
before February 17, 2017.

ADDRESSES: The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
``Features'' box on the Applications and Permits for Protected Species 
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File 
No. 20294 from the list of available applications.
    These documents are also available upon written request or by 
appointment in the Permits and Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver 
Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.
    Written comments on this application should be submitted to the 
Chief, Permits and Conservation Division, at the address listed above. 
Comments may also be submitted by facsimile to (301) 713-0376, or by 
email to [email protected]. Please include the File No. in the 
subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits and Conservation Division at the 
address listed above. The request should set forth the specific reasons 
why a hearing on this application would be appropriate.

FOR FURTHER INFORMATION CONTACT: Courtney Smith or Amy Hapeman, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of the Marine Mammal Protection Act of 1972, as amended 
(MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking 
and importing of marine mammals (50 CFR part 216), the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the 
regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR 222-226).
    The applicant proposes to conduct aerial, vessel, and ground 
surveys of North Atlantic right whales (Eubalaena glacialis) and 44 
other protected cetaceans, pinnipeds, and sea turtles in the Mid-
Atlantic U.S. waters, from Massachusetts to North Carolina. Nine of the 
target species are threatened or endangered: North Atlantic right, blue 
(Balaenoptera musculus), fin (B. physalus), sei (B. borealis), and 
sperm (Physeter macrocephalus) whales; and green (Chelonia mydas), 
Kemp's ridley (Lepidochelys kempii), loggerhead (Caretta caretta), and 
leatherback (Dermochelys coriacea) sea turtles. Surveys will be 
conducted using fixed wing aircraft and vessels to assess seasonal 
abundance and distribution of marine mammals in the area. Ground 
surveys will be conducted on foot and with remote cameras to obtain 
counts of seals throughout different tidal cycles and to document 
prevalence of human interaction around seal haul-out sites accessible 
to the public. Seal scat will be collected for health assessment 
studies. The permit would be valid for five years.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of the application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.


[[Page 5539]]


    Dated: January 11, 2017.
Julia Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2017-00952 Filed 1-17-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                  5538                       Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

                                                  life stages of each species would be                    Harbor during November through April.                  to the Chief, Permits and Conservation
                                                  intentionally collected and killed to                   Upon capture, individual fish would be                 Division at the address listed above. The
                                                  document occurrence of spawning in                      measured, weighed, PIT tagged, tissue                  request should set forth the specific
                                                  systems. Up to three Atlantic sturgeon                  sampled, and photographed. Early life                  reasons why a hearing on this
                                                  and two shortnose sturgeon may                          stages of each species would be                        application would be appropriate.
                                                  unintentionally die annually during                     intentionally collected and killed to
                                                  research.                                               document occurrence of spawning in                     FOR FURTHER INFORMATION CONTACT:
                                                     File No. 20528: Bill Post, South                     systems.                                               Courtney Smith or Amy Hapeman, (301)
                                                  Carolina Department of Natural                            Dated: January 11, 2017.
                                                                                                                                                                 427–8401.
                                                  Resources, 217 Fort Johnson Road,                                                                              SUPPLEMENTARY INFORMATION:       The
                                                                                                          Julia Harrison,
                                                  Charleston, SC 29412, requests a permit
                                                                                                          Chief, Permits and Conservation Division,              subject permit is requested under the
                                                  to conduct research on Atlantic and                     Office of Protected Resources, National
                                                  shortnose sturgeon to determine their                                                                          authority of the Marine Mammal
                                                                                                          Marine Fisheries Service.                              Protection Act of 1972, as amended
                                                  presence, status, health, habitat use, and
                                                                                                          [FR Doc. 2017–00956 Filed 1–17–17; 8:45 am]            (MMPA; 16 U.S.C. 1361 et seq.), the
                                                  movements in South Carolina waters.
                                                  Studies would involve using gill nets to                BILLING CODE 3510–22–P                                 regulations governing the taking and
                                                  capture fish. Upon capture, fish would                                                                         importing of marine mammals (50 CFR
                                                  be measured, weighed, PIT tagged,                                                                              part 216), the Endangered Species Act of
                                                                                                          DEPARTMENT OF COMMERCE
                                                  tissue sampled, and photographed. A                                                                            1973, as amended (ESA; 16 U.S.C. 1531
                                                  subset of individuals would be                          National Oceanic and Atmospheric                       et seq.), and the regulations governing
                                                  acoustically tagged, fin ray sampled,                   Administration                                         the taking, importing, and exporting of
                                                  and gonadal biopsied. Early life stages                                                                        endangered and threatened species (50
                                                  of each species would be intentionally                  RIN 0648–XF148
                                                                                                                                                                 CFR 222–226).
                                                  collected and killed to document                        Marine Mammals; File No. 20294                            The applicant proposes to conduct
                                                  occurrence of spawning in systems. Up                                                                          aerial, vessel, and ground surveys of
                                                  to two sturgeon of each species may                     AGENCY:  National Marine Fisheries
                                                                                                                                                                 North Atlantic right whales (Eubalaena
                                                  unintentionally die annually during                     Service (NMFS), National Oceanic and
                                                                                                          Atmospheric Administration (NOAA),                     glacialis) and 44 other protected
                                                  research.
                                                     File No. 20548: Dewayne Fox,                         Commerce.                                              cetaceans, pinnipeds, and sea turtles in
                                                  Delaware State University, Department                                                                          the Mid-Atlantic U.S. waters, from
                                                                                                          ACTION: Notice; receipt of application.
                                                  of Agriculture and Natural Resources,                                                                          Massachusetts to North Carolina. Nine
                                                  1200 North DuPont Highway, Dover, DE                    SUMMARY:   Notice is hereby given that                 of the target species are threatened or
                                                  19901, requests a permit to conduct                     Robert DiGiovanni, Jr., 6 Wakefield Rd.                endangered: North Atlantic right, blue
                                                  research on Atlantic and shortnose                      Hampton Bays, New York 11946, has                      (Balaenoptera musculus), fin (B.
                                                  sturgeon using gillnets, D-ring nets, egg               applied in due form for a permit to                    physalus), sei (B. borealis), and sperm
                                                  pad collectors, biotelemetry, and                       conduct research on North Atlantic right               (Physeter macrocephalus) whales; and
                                                  hydroacoustic tools in the Delaware                     whales (Eubalaena glacialis) and 44                    green (Chelonia mydas), Kemp’s ridley
                                                  River/Estuary, Hudson River/Estuary,                    other protected marine mammal and sea                  (Lepidochelys kempii), loggerhead
                                                  and coastal environment between                         turtle species.                                        (Caretta caretta), and leatherback
                                                  Virginia and New York to develop                        DATES: Written, telefaxed, or email                    (Dermochelys coriacea) sea turtles.
                                                  quantitative estimates of run size,                     comments must be received on or before                 Surveys will be conducted using fixed
                                                  recruitment, and habitat assessment.                    February 17, 2017.                                     wing aircraft and vessels to assess
                                                  Upon capture, fish would be measured,                   ADDRESSES: The application and related                 seasonal abundance and distribution of
                                                  weighed, PIT tagged, tissue sampled,                    documents are available for review by                  marine mammals in the area. Ground
                                                  and photographed. A subset of                           selecting ‘‘Records Open for Public                    surveys will be conducted on foot and
                                                  individuals would be externally and/or                  Comment’’ from the ‘‘Features’’ box on                 with remote cameras to obtain counts of
                                                  internally tagged, fin ray sampled, blood               the Applications and Permits for
                                                  sampled, and gonadal biopsied. Early                                                                           seals throughout different tidal cycles
                                                                                                          Protected Species (APPS) home page,
                                                  life stages of Atlantic sturgeon would be               https://apps.nmfs.noaa.gov, and then                   and to document prevalence of human
                                                  intentionally collected and killed to                   selecting File No. 20294 from the list of              interaction around seal haul-out sites
                                                  document occurrence of spawning in                      available applications.                                accessible to the public. Seal scat will
                                                  systems. Up to one sturgeon of each                       These documents are also available                   be collected for health assessment
                                                  species may unintentionally die                         upon written request or by appointment                 studies. The permit would be valid for
                                                  annually during research.                               in the Permits and Conservation                        five years.
                                                     File No. 20651: Anthony Vitale,                      Division, Office of Protected Resources,                  In compliance with the National
                                                  Entergy Indian Point, 450 Broadway,                     NMFS, 1315 East-West Highway, Room                     Environmental Policy Act of 1969 (42
                                                  Buchanan, NY 10511, requests a permit                   13705, Silver Spring, MD 20910; phone                  U.S.C. 4321 et seq.), an initial
                                                  to conduct research on Atlantic and                     (301) 427–8401; fax (301) 713–0376.                    determination has been made that the
                                                  shortnose sturgeon for the Hudson River                   Written comments on this application                 activity proposed is categorically
                                                  Biological Monitoring Program                           should be submitted to the Chief,                      excluded from the requirement to
                                                  (HRBMP) using trawls and seines. The                    Permits and Conservation Division, at                  prepare an environmental assessment or
                                                  HRBMP takes place within in the                         the address listed above. Comments may
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                                                                                                                                                                 environmental impact statement.
                                                  Hudson River estuary and involves                       also be submitted by facsimile to (301)
                                                  fisheries sampling to monitor                           713–0376, or by email to                                  Concurrent with the publication of
                                                  ichthyoplankton and juvenile fish                       NMFS.Pr1Comments@noaa.gov. Please                      this notice in the Federal Register,
                                                  abundance and distribution from                         include the File No. in the subject line               NMFS is forwarding copies of the
                                                  Battery Park, Manhattan, upstream to                    of the email comment.                                  application to the Marine Mammal
                                                  Troy Dam during March through                             Those individuals requesting a public                Commission and its Committee of
                                                  October, and in portions of New York                    hearing should submit a written request                Scientific Advisors.


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                                                                             Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices                                             5539

                                                    Dated: January 11, 2017.                              North Pacific Fishery Management                       authorize, for limited experimental
                                                  Julia Harrison,                                         Council (Council) will consider the                    purposes, fishing that would otherwise
                                                  Chief, Permits and Conservation Division,               application at its meeting from January                be prohibited. Procedures for issuing
                                                  Office of Protected Resources, National                 30 through February 6, 2017, in Seattle,               EFPs are contained in the implementing
                                                  Marine Fisheries Service.                               WA.                                                    regulations.
                                                  [FR Doc. 2017–00952 Filed 1–17–17; 8:45 am]             ADDRESSES: The Council meeting will be                    The International Pacific Halibut
                                                  BILLING CODE 3510–22–P                                  held at the Renaissance Seattle Hotel,                 Commission (IPHC) and NMFS manage
                                                                                                          515 Madison Street, Seattle, WA 98104.                 fishing for Pacific halibut (Hippoglossus
                                                                                                          The agenda for the Council meeting is                  stenolepis) through regulations
                                                  DEPARTMENT OF COMMERCE                                  available at http://www.npfmc.org. You                 established under the authority of the
                                                                                                          may submit comments on this                            Convention between the United States
                                                  National Oceanic and Atmospheric                                                                               and Canada for the Preservation of the
                                                                                                          document, identified by NOAA-NMFS-
                                                  Administration                                                                                                 Halibut Fishery of the Northern Pacific
                                                                                                          2017-0006, by any of the following
                                                  RIN 0648–XF160                                          methods:                                               Ocean and Bering Sea (Convention) and
                                                                                                             • Electronic Submission: Submit all                 the Northern Pacific Halibut Act of
                                                  Fisheries of the Exclusive Economic                     electronic public comments via the                     1982. The IPHC promulgates regulations
                                                  Zone Off Alaska; Application for an                     Federal e-Rulemaking Portal. Go to                     pursuant to the Convention. The IPHC’s
                                                  Exempted Fishing Permit                                 www.regulations.gov/#!docketDetail;D=                  regulations are subject to approval by
                                                                                                          NOAA-NMFS-2017-0006, click the                         the Secretary of State with concurrence
                                                  AGENCY:  National Marine Fisheries                                                                             from the Secretary of Commerce
                                                  Service (NMFS), National Oceanic and                    ‘‘Comment Now!’’ icon, complete the
                                                                                                          required fields, and enter or attach your              (Secretary).
                                                  Atmospheric Administration (NOAA),
                                                  Commerce.                                               comments.                                              Background
                                                  ACTION: Notice; receipt of application to
                                                                                                             • Mail: Submit written comments to
                                                                                                                                                                    Regulations implemented by the IPHC
                                                  renew an exempted fishing permit.                       Glenn Merrill, Assistant Regional
                                                                                                                                                                 allow Pacific halibut to be commercially
                                                                                                          Administrator, Sustainable Fisheries
                                                                                                                                                                 harvested by the directed North Pacific
                                                  SUMMARY:   This notice announces receipt                Division, Alaska Region NMFS, Attn:
                                                                                                                                                                 longline fishery. Halibut is a prohibited
                                                  of an application from the Alaska                       Ellen Sebastian. Mail comments to P.O.
                                                                                                                                                                 species in the groundfish fishery,
                                                  Seafood Cooperative and co-applicants                   Box 21668, Juneau, AK 99802–1668.
                                                                                                                                                                 requiring immediate return to the sea
                                                  to renew exempted fishing permit (EFP)                     Instructions: Comments sent by any
                                                                                                                                                                 with a minimum of injury. Halibut
                                                  2016–01 as modified on January 10,                      other method, to any other address or
                                                                                                                                                                 caught incidentally by catcher/
                                                  2017. NMFS announced receipt of the                     individual, or received after the end of
                                                                                                                                                                 processors in the nonpelagic trawl
                                                  application for EFP 2016–01 on January                  the comment period, may not be
                                                                                                                                                                 groundfish fisheries must be weighed on
                                                  25, 2016. NMFS issued EFP 2016–01 on                    considered. All comments received are
                                                                                                                                                                 a NMFS-approved scale, sampled by
                                                  May 6, 2016, and modified the EFP on                    a part of the public record and will
                                                                                                                                                                 observers, and returned to the ocean as
                                                  January 10, 2017. If granted, this                      generally be posted for public viewing
                                                                                                                                                                 soon as possible. The Council
                                                  renewal would extend the expiration                     on www.regulations.gov without change.                 establishes annual maximum halibut
                                                  date of modified EFP 2016–01 from                       All personal identifying information                   bycatch allowances and seasonal
                                                  April 30, 2017, to December 31, 2017.                   (e.g., name, address) submitted                        apportionments adjusted by an
                                                  The objective of EFP 2016–01 is to allow                voluntarily by the sender will be                      estimated halibut discard mortality rate
                                                  the applicants to remove halibut from a                 publicly accessible. NMFS will accept                  (DMR) for groundfish fisheries. The
                                                  trawl codend on the deck, and release                   anonymous comments (enter ‘‘N/A’’ in                   DMRs are based on the best information
                                                  those halibut back to the water in a                    the required fields if you wish to remain              available, including information
                                                  timely manner to increase survivability.                anonymous).                                            contained in the annual Stock
                                                  Under the EFP, halibut are sampled by                      Electronic copies of the EFP
                                                                                                                                                                 Assessment and Fishery Evaluation
                                                  NMFS-trained observers for length and                   application, modified EFP 2016–01, and
                                                                                                                                                                 report, available at http://
                                                  physical condition using standard                       the basis for a categorical exclusion
                                                                                                                                                                 www.alaskafisheries.noaa.gov/. NMFS
                                                  International Pacific Halibut                           under the National Environmental
                                                                                                                                                                 approves the halibut DMRs developed
                                                  Commission halibut mortality                            Policy Act are available from the Alaska
                                                                                                                                                                 and recommended by the IPHC and the
                                                  assessment methods. The objectives of                   Region, NMFS Web site at http://alaska
                                                                                                                                                                 Council for the BSAI groundfish
                                                  EFP 2016–01 are to (1) test methods for                 fisheries.noaa.gov/.
                                                                                                                                                                 fisheries for use in monitoring the
                                                  sorting halibut on deck for suitability as              FOR FURTHER INFORMATION CONTACT:                       halibut bycatch allowances and seasonal
                                                  an allowable fish handling mode for the                 Brandee Gerke, 907–586–7228.                           apportionments.
                                                  non-pollock catcher/processor trawl                     SUPPLEMENTARY INFORMATION: NMFS                           Directed fishing in a groundfish
                                                  fisheries (Amendment 80, community                      manages the domestic groundfish                        fishery closes when the halibut
                                                  development quota, and trawl limited                    fisheries in the Bering Sea and Aleutian               mortality apportionment for the fishery
                                                  access) in the Bering Sea and Aleutian                  Islands management area (BSAI) under                   is reached, even if the target species
                                                  Islands under an eventual regulated                     the Fishery Management Plan for                        catch is less than the seasonal or annual
                                                  program; and (2) simplify and improve                   Groundfish of the Bering Sea and                       quota for the directed fishery. In the
                                                  on elements that worked under a 2015                    Aleutian Islands Management Area                       case of the Bering Sea flatfish fishery,
                                                  deck sorting EFP project. This                          (FMP), which the Council prepared                      seasons have been closed before fishery
                                                  experiment has the potential to promote                 under the Magnuson-Stevens Fishery                     quotas have been reached to prevent the
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                                                  the objectives of the Magnuson-Stevens                  Conservation and Management Act.                       fishery from exceeding the halibut
                                                  Fishery Conservation and Management                     Regulations governing the BSAI                         mortality apportionment.
                                                  Act and the Northern Pacific Halibut                    groundfish fisheries appear at 50 CFR                     With the implementation of
                                                  Act of 1982.                                            parts 600 and 679. The FMP and the                     Amendment 80 to the FMP on
                                                  DATES: Comments on this EFP                             implementing regulations at                            September 14, 2007 (72 FR 52668),
                                                  application must be submitted to NMFS                   § 600.745(b) and § 679.6 allow the                     halibut mortality apportionments were
                                                  on or before February 7, 2017. The                      NMFS Regional Administrator to                         established for the Amendment 80


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Document Created: 2018-02-01 15:19:12
Document Modified: 2018-02-01 15:19:12
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; receipt of application.
DatesWritten, telefaxed, or email comments must be received on or before February 17, 2017.
ContactCourtney Smith or Amy Hapeman, (301) 427-8401.
FR Citation82 FR 5538 
RIN Number0648-XF14

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