83_FR_47316 83 FR 47135 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northwest Fisheries Science Center Fisheries Research

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)

Page Range47135-47136
FR Document2018-20186

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 Issue 181 (Tuesday, September 18, 2018) 
[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]


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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.

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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 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

Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices 47135 count, which resulted in negatively- Commerce. NOAA Technical ACTION:Notice of issuance of Letter of biased Nmin values because not all age Memorandum NMFS–SWFSC–602. Authorization. classes are represented. The Guidelines 155 pp. for preparing Stock Assessment Reports Daoust, P.-Y., E.L. Couture, T. Wimmer and SUMMARY: In accordance with the L. Bourque. 2017. Incident Report: North Marine Mammal Protection Act (NMFS 2016) recommends defining Atlantic right whale mortality event in Nmin as the 20th percentile of a log- (MMPA), as amended, and the Gulf of St. Lawrence, 2017. implementing regulations, notification normal distribution based on an Collaborative report produced by: estimate of the number of animals in a Canadian Wildlife Health Cooperative, is hereby given that a Letter of stock (which is equivalent to the lower Marine Animal Response Society, and Authorization (LOA) has been issued to limit of a 60% 2-tailed confidence Fisheries and Oceans Canada. 256 pp. the NMFS Northwest Fisheries Science interval). The Guidelines allow for other Garrison, L.P. and P.E. Rosel. 2017. Center (NWFSC) for the take of marine approaches to be used to estimate Nmin Partitioning short-finned and long-finned mammals incidental to fisheries if they provide an adequate level of pilot whale bycatch estimates using research conducted in the Pacific habitat and genetic information. Ocean, including Puget Sound and the assurance that the stock size is equal to Southeast Fisheries Science Center, or greater than that estimate. Laake et al. Columbia River. Protected Resources and Biodiversity (2018) did not provide a CV for the Division, 75 Virginia Beach Dr., Miami, DATES: The authorization is effective estimated population size, so the FL 33140. PRBD Contribution # PRBD– from August 27, 2018, through August updated Nmin is based on the lower 95 2016–17, 24 pp. 28, 2023. percent confidence limit. The stock is Hayes, S.A., E. Josephson, K. Maze-Foley, ADDRESSES: The LOA and supporting estimated to be approximately 40 P.E. Rosel, B. Byrd, S. Chavez-Rosales, documentation is available online: percent above its maximum net T.V.N. Col, L. Engleby, L.P. Garrison, J. www.fisheries.noaa.gov/action/ productivity level (MNPL = 183,481 Hatch, A. Henry, S.C. Horstman, J. Litz, incidental-take-authorization-noaa- M.C. Lyssikatos, K.D. Mullin, C. animals), and it is therefore considered Orphanides, R.M. Pace, D.L. Palka, M. fisheries-nwfsc-fisheries-and-ecosystem- within the range of its optimum Soldevilla, and F.W. Wenzel. 2018. U.S. research. In case of problems accessing sustainable population. The carrying Atlantic and Gulf of Mexico Marine these documents, please call the contact capacity of the population was Mammal Stock Assessments—2017. listed below. estimated at 275,298 animals in 2014 NOAA Tech Memo NMFS NE–245; FOR FURTHER INFORMATION CONTACT: Ben (Laake et al. 2018). The total human 371 p. Laws, Office of Protected Resources, caused mortality is less than the PBR of Laake, J.L., M.S. Lowry, R.L. DeLong, S.R. NMFS, (301) 427–8401. 14,011. Melin, and J.V. Carretta. 2018. Population growth and status of SUPPLEMENTARY INFORMATION: Corrections to the 2016 and 2017 SARs California sea lions. The Journal of Background Wildlife Management, DOI: 10.1002/ Subsequent to announcing the jwmg.21405. Paragraphs 101(a)(5)(A) and (D) of the availability of the final 2016 (82 FR NMFS (National Marine Fisheries Service). MMPA (16 U.S.C. 1371(a)(5)(A) and (D)) 29039, June 27, 2017) and 2017 (83 FR 2016. Guidelines for preparing Stock direct the Secretary of Commerce to 32093, July 11, 2018) SARs, we were Assessment Reports pursuant to the 1994 allow, upon request, the incidental, but made aware that the SARs contained Amendments to the MMPA, NMFS not intentional, taking of small numbers some technical errors. In the 2016 North Instruction 02–204–01, February 22, of marine mammals by U.S. citizens Atlantic right whale SAR, the PBR was 2016. 24 pp. Rockwood, R.C., J. Calambokidis, and J. who engage in a specified activity (other listed incorrectly as 1. The correct PBR than commercial fishing) within a value for 2016 is 0.9. Similarly, in the Jahncke. 2017. High mortality of blue, humpback and fin whales from modeling specified geographical region if certain 2017 North Atlantic right whale SAR, of vessel collisions on the U.S. West findings are made and either regulations PBR was listed as 1.4, but the correct Coast suggests population impacts and are issued or, if the taking is limited to value is 0.9. In addition, the 2017 SAR insufficient protection. PLoS ONE harassment, a notice of a proposed for the WNA Central Florida Coastal 12(8):e0183052. authorization is provided to the public Stock of common bottlenose dolphins Dated: September 12, 2018. for review. contained a technical error. In the An authorization for incidental Catherine E. Tortorici, ‘‘Population Size’’ section, the name of takings shall be granted if NMFS finds the stock was incorrectly listed as the Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. that the taking will have a negligible ‘‘Northern’’ Florida Coastal Stock impact on the species or stock(s), will [FR Doc. 2018–20185 Filed 9–17–18; 8:45 am] instead of the ‘‘Central’’ Florida Coastal not have an unmitigable adverse impact Stock. We have corrected the errors and BILLING CODE 3510–22–P on the availability of the species or posted revised versions of the 2016 and stock(s) for subsistence uses (where 2017 North Atlantic right whale SARs relevant), and if the permissible DEPARTMENT OF COMMERCE and 2017 WNA Central Florida Coastal methods of taking and requirements Stock common bottlenose dolphin SAR National Oceanic and Atmospheric pertaining to the mitigation, monitoring on the NMFS website (see ADDRESSES). Administration and reporting of such takings are set With this Federal Register notice, we forth. NMFS has defined ‘‘negligible are notifying the public about the RIN 0648–XG451 impact’’ in 50 CFR 216.103 as an impact revised versions. resulting from the specified activity that Taking and Importing Marine References Mammals; Taking Marine Mammals cannot be reasonably expected to, and is daltland on DSKBBV9HB2PROD with NOTICES Incidental to Northwest Fisheries not reasonably likely to, adversely affect Carretta, J.V., K.A. Forney, E.M. Oleson, D.W. Science Center Fisheries Research the species or stock through effects on Weller, A.R. Lang, J. Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. annual rates of recruitment or survival. Lowry, J. Barlow, J.E. Moore, D. Lynch, AGENCY: National Marine Fisheries Except with respect to certain L. Carswell, and R.L. Brownell Jr. 2018. Service (NMFS), National Oceanic and activities not pertinent here, the MMPA U.S. Pacific Marine Mammal Stock Atmospheric Administration (NOAA), defines ‘‘harassment’’ as: Any act of Assessments: 2017. U.S. Department of Commerce. pursuit, torment, or annoyance which (i) VerDate Sep<11>2014 19:14 Sep 17, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1

47136 Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Notices has the potential to injure a marine the potential for physical interaction incorporated pursuant to the Alaska mammal or marine mammal stock in the with marine mammals; (2) use of a Native Claims Settlement Act (43 U.S.C. wild (Level A harassment); or (ii) has marine mammal excluder device in 1601 et seq.). Regulations implementing the potential to disturb a marine certain trawl nets; and (3) use of the FMP appear at 50 CFR part 679. mammal or marine mammal stock in the acoustic deterrent devices on certain Each year at least 14 days before wild by causing disruption of behavioral trawl nets. Additionally, the rule harvesting pollock or processing pollock patterns, including, but not limited to, includes an adaptive management in the AI directed pollock fishery, the migration, breathing, nursing, breeding, component that allows for timely Aleut Corporation selects harvesting feeding, or sheltering (Level B modification of mitigation or monitoring vessels and processors for participation harassment). measures based on new information, in this fishery. The Aleut Corporation when appropriate. The NWFSC will submits its selected participants to the Summary of Request submit reports as required. National Marine Fisheries Service On August 10, 2015, we received an Based on these findings and the (NMFS) for approval. On approval, adequate and complete request from information discussed in the preamble NMFS mails the Aleut Corporation a NWFSC for authorization to take marine to the final rule, the activities described letter that includes a list of the approved mammals incidental to fisheries under these LOAs will have a negligible participants. A copy of this letter must research activities. On June 13, 2016 (81 impact on marine mammal stocks and be retained on board each participating FR 38516), we published a notice of will not have an unmitigable adverse vessel and on site each shoreside proposed rulemaking in the Federal impact on the availability of the affected processor at all times. Register, requesting comments and marine mammal stock for subsistence Affected Public: Business or other for- information related to the proposed rule uses. profit organizations; individuals or for thirty days. The final rule was households. published in the Federal Register on Dated: August 27, 2018. Frequency: Annually. July 27, 2018 (83 FR 36370). For Cathryn E. Tortorici, Respondent’s Obligation: Mandatory. detailed information on this action, Acting Director, Office of Protected Resources, This information collection request please refer to those documents. The National Marine Fisheries Service. may be viewed at reginfo.gov. Follow regulations include mitigation, [FR Doc. 2018–20186 Filed 9–17–18; 8:45 am] the instructions to view Department of monitoring, and reporting requirements BILLING CODE 3510–22–P Commerce collections currently under for the incidental take of marine review by OMB. mammals during fisheries research Written comments and activities in the specified geographic DEPARTMENT OF COMMERCE recommendations for the proposed region. information collection should be sent NWFSC conducts fisheries research National Oceanic and Atmospheric within 30 days of publication of this using trawl gear used at various levels Administration notice to OIRA_Submission@ in the water column, longlines with omb.eop.gov or fax to (202) 395–5806. multiple hooks, seine nets, and other Submission for OMB Review; Comment Request Dated: September 13, 2018. gear. If a marine mammal interacts with Sarah Brabson, gear deployed by NWFSC, the outcome The Department of Commerce will could potentially be Level A NOAA PRA Clearance Officer. submit to the Office of Management and harassment, serious injury (i.e., any [FR Doc. 2018–20212 Filed 9–17–18; 8:45 am] Budget (OMB) for clearance the injury that will likely result in following proposal for collection of BILLING CODE 3510–22–P mortality), or mortality. We pooled the information under the provisions of the estimated number of incidents of take Paperwork Reduction Act. resulting from gear interactions and Agency: National Oceanic and DEPARTMENT OF COMMERCE assessed the potential impacts Atmospheric Administration (NOAA). National Oceanic and Atmospheric accordingly. NWFSC also uses various Title: Aleutian Islands Pollock Fishery Administration active acoustic devices in the conduct of Requirements. fisheries research, and use of these OMB Control Number: 0648–0513. Proposed Information Collection; devices has the potential to result in Form Number(s): None. Comment Request; Coastal and Level B harassment of marine mammals. Type of Request: Regular (extension of Estuarine Land Conservation Planning, Level B harassment of pinnipeds hauled a currently approved collection). Protection or Restoration out on land may also occur as a result Number of Respondents: 1. of visual disturbance from vessels Average Hours per Response: 16. AGENCY: National Oceanic and conducting NWFSC research. NWFSC is Burden Hours: 16. Atmospheric Administration (NOAA), authorized to take individuals of sixteen Needs and Uses: This request is for Commerce. species by Level A harassment, serious extension of a currently approved ACTION: Notice. injury, or mortality and of 28 species by collection. Level B harassment. Amendment 82 to the Fishery SUMMARY: The Department of Management Plan for Groundfish of the Commerce, as part of its continuing Authorization Bering Sea and Aleutian Islands effort to reduce paperwork and We have issued an LOA to NWFSC Management Area (FMP) established a respondent burden, invites the general authorizing the take of marine mammals framework for the management of the public and other Federal agencies to daltland on DSKBBV9HB2PROD with NOTICES incidental to fishery research activities, Aleutian Islands subarea (AI) directed take this opportunity to comment on as described above. Take of marine pollock fishery. An AI pollock fishery proposed and/or continuing information mammals will be minimized through was allocated to the Aleut Corporation, collections, as required by the implementation of the following Adak, Alaska, for the purpose of Paperwork Reduction Act of 1995. mitigation measures: (1) Implementation economic development in Adak, Alaska. DATES: Written comments must be of a ‘‘move-on’’ rule in certain The Aleut Corporation is identified in submitted on or before November 19, circumstances that is expected to reduce Public Law 108–199 as a business 2018. VerDate Sep<11>2014 19:14 Sep 17, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1


Document Created: 2018-09-18 01:18:37
Document Modified: 2018-09-18 01:18:37
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.
DatesThe authorization is effective from August 27, 2018, through August 28, 2023.
ContactBen Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation83 FR 47135 
RIN Number0648-XG45
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