83 FR 47135 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northwest Fisheries Science Center Fisheries Research

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 181 (September 18, 2018)

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 NMFS Northwest Fisheries Science Center (NWFSC) for the take of marine mammals incidental to fisheries research conducted in the Pacific Ocean, including Puget Sound and the Columbia River.

[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47135-47136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20186]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG451


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Northwest Fisheries Science Center Fisheries Research

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

ACTION: Notice of issuance of Letter of Authorization.

-----------------------------------------------------------------------

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 NMFS 
Northwest Fisheries Science Center (NWFSC) for the take of marine 
mammals incidental to fisheries research conducted in the Pacific 
Ocean, including Puget Sound and the Columbia River.

DATES: The authorization is effective from August 27, 2018, through 
August 28, 2023.

ADDRESSES: The LOA and supporting documentation is available online: 
www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-nwfsc-fisheries-and-ecosystem-research. In case of problems 
accessing these documents, please call the contact listed below.

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

SUPPLEMENTARY INFORMATION: 

Background

    Paragraphs 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 
1371(a)(5)(A) and (D)) 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)

[[Page 47136]]

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 August 10, 2015, we received an adequate and complete request 
from NWFSC for authorization to take marine mammals incidental to 
fisheries research activities. On June 13, 2016 (81 FR 38516), we 
published a notice of proposed rulemaking in the Federal Register, 
requesting comments and information related to the proposed rule for 
thirty days. The final rule was published in the Federal Register on 
July 27, 2018 (83 FR 36370). 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 fisheries research activities in the specified 
geographic region.
    NWFSC conducts fisheries research using trawl gear used at various 
levels in the water column, longlines with multiple hooks, seine nets, 
and other gear. If a marine mammal interacts with gear deployed by 
NWFSC, the outcome could potentially be Level A harassment, serious 
injury (i.e., any injury that will likely result in mortality), or 
mortality. We pooled the estimated number of incidents of take 
resulting from gear interactions and assessed the potential impacts 
accordingly. NWFSC also uses various active acoustic devices in the 
conduct of fisheries research, and use of these devices has the 
potential to result in Level B harassment of marine mammals. Level B 
harassment of pinnipeds hauled out on land may also occur as a result 
of visual disturbance from vessels conducting NWFSC research. NWFSC is 
authorized to take individuals of sixteen species by Level A 
harassment, serious injury, or mortality and of 28 species by Level B 
harassment.

Authorization

    We have issued an LOA to NWFSC authorizing the take of marine 
mammals incidental to fishery research activities, as described above. 
Take of marine mammals will be minimized through implementation of the 
following mitigation measures: (1) Implementation of a ``move-on'' rule 
in certain circumstances that is expected to reduce the potential for 
physical interaction with marine mammals; (2) use of a marine mammal 
excluder device in certain trawl nets; and (3) use of acoustic 
deterrent devices on certain trawl nets. 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 NWFSC will submit reports as 
required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under these LOAs 
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: August 27, 2018.
Cathryn E. Tortorici,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2018-20186 Filed 9-17-18; 8:45 am]
BILLING CODE 3510-22-P