83 FR 7699 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Gull and Climate Monitoring/Research in Glacier Bay National Park, Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 36 (February 22, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7699-7700 | |
| FR Document | 2018-03578 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Notices] [Pages 7699-7700] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03578] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG012 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Gull and Climate Monitoring/Research in Glacier Bay National Park, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for Letter of Authorization; request for comments and information. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the National Park Service (NPS) for authorization to take small numbers of marine mammals incidental to glaucous-winged gull and climate monitoring/research in Glacier Bay National Park (GLBA NP), Alaska over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the NPS' request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the NPS' application and request. DATES: Comments and information must be received no later than March 26, 2018. 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: NMFS 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 https:// www.fisheries.noaa.gov/national/marine-mammal-protection/incidental- take-authorizations-research- [[Page 7700]] and-other-activities 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: Jonathan Molineaux, Office of Protected Resources, NMFS, (301) 427-8401. An electronic copy of the NPS's application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. 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 incidental take authorization 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. 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 February 6, 2018, NMFS received an adequate and complete application from the NPS requesting authorization for take of marine mammals incidental to glaucous-winged gull and climate monitoring research activities in GLBA NP, Alaska. The requested regulations would be valid for five years, from March 2019 through December 2023. The NPS plans to conduct necessary work, including gull and climate monitoring to assist in informing future native egg harvests and fill crucial climate data gaps. The proposed action may incidentally expose marine mammals occurring in the vicinity to either acoustic disturbance from motorboat sounds or visual disturbance from the presence of observers, thereby resulting in incidental take, by Level B harassment only. Therefore, the NPS requests authorization to incidentally take eastern pacific harbor seals. Specified Activities The purpose for the monitoring activities are as follows. Gull monitoring studies are mandated by a Record of Decision of a Legislative Environmental Impact Statement (LEIS) (NPS 2010) which states that NPS must initiate a monitoring program for glaucous-winged gulls (Larus glaucescens) to inform future native egg harvest by the Hoonah Tlingit in Glacier Bay, Alaska. Installation of a new weather station on Lone Island is being planned as one of several installations intended to fill coverage gaps among existing weather stations in GLBA NP (NPS 2015a). These new stations will be operated as the foundation of a new long-term climate-monitoring program for GLBA NP. The maximum number of days the NPS will conduct annual monitoring activities that require a Letter of Authorization will be 24 days during each of the five years of work. This consists of four possible yearly climate monitoring visits to Lone Island during the months of October to April and five possible annual gull monitoring visits each to Boulder Island, Geikie Rock, Lone Island and Flapjack Island during the months of May to September. Eastern Pacific harbor (Phoca vitulina richardii) seals are the only marine mammals expected to be taken by the activities as the NPS will maintain a distance of 100 meters from all Steller sea lions. Information Solicited Interested persons may submit information, suggestions, and comments concerning the NPS' 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 NPS, if appropriate. Dated: February 15, 2018. Donna Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018-03578 Filed 2-21-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices 7699
to determine whether additional and the West Coast Regional Stranding the species or stock of affected marine
mitigation measures or modifications to Coordinator, NMFS, within 24 hours of mammals.
the activities are appropriate. the discovery. The City shall provide
iii. In the event that the City discovers photographs or video footage or other TABLE 1—AUTHORIZED TAKE
an injured or dead marine mammal, and documentation of the stranded animal NUMBERS, BY SPECIES
the lead observer determines that the sighting to NMFS.
Authorized
injury or death is not associated with or This Authorization may be modified, Species take
related to the activities authorized in the suspended or withdrawn if the holder
IHA (e.g., previously wounded animal, fails to abide by the conditions Harbor seal (Phoca vitulina) ..... 108
carcass with moderate to advanced prescribed herein, or if NMFS California sea lion (Zalophus
decomposition, or scavenger damage), determines the authorized taking is californianus) ......................... 2,604
Steller sea lion (Eumetopias
the City shall report the incident to the having more than a negligible impact on jubatus) ................................. 3,284
Office of Protected Resources, NMFS,
TABLE 2—MINIMUM RADIAL DISTANCE TO SHUTDOWN ZONES
Level A
Activity Level B Zone of Influence Exclusion
Zone
Vibratory pile removal .................................................................................................... 1,600 m ..................................................... 15 m.
Impact pile driving .......................................................................................................... 398 m ........................................................ 53.4 m.
Roadway and railway demolition and construction ........................................................ 28 m (harbor seals) 9 m (sea lions) ......... 10 m.
Request for Public Comments not indicate impacts of a scale or nature monitoring/research in Glacier Bay
We request comment on our analyses, not previously analyzed or authorized. National Park (GLBA NP), Alaska over
• Upon review of the request for the course of five years from the date of
the proposed authorization, and any
renewal, the status of the affected issuance. Pursuant to regulations
other aspect of this Notice of Proposed
species or stocks, and any other implementing the Marine Mammal
IHA for the proposed bridge
pertinent information, NMFS Protection Act (MMPA), NMFS is
replacement project. We also request
determines that there are no more than announcing receipt of the NPS’ request
comment on the potential for renewal of
minor changes in the activities, the for the development and
this proposed IHA as described in the
mitigation and monitoring measures implementation of regulations
paragraph below. Please include with remain the same and appropriate, and
your comments any supporting data or governing the incidental taking of
the original findings remain valid. marine mammals. NMFS invites the
literature citations to help inform our
final decision on the request for MMPA Dated: February 16, 2018. public to provide information,
authorization. Donna S. Wieting, suggestions, and comments on the NPS’
On a case-by-case basis, NMFS may Director, Office of Protected Resources, application and request.
issue a second one-year IHA without National Marine Fisheries Service. DATES: Comments and information must
additional notice when (1) another year [FR Doc. 2018–03615 Filed 2–21–18; 8:45 am] be received no later than March 26,
of identical or nearly identical activities BILLING CODE 3510–22–P 2018.
as described in the Specified Activities ADDRESSES: Comments on the
section is planned or (2) the activities applications should be addressed to
would not be completed by the time the DEPARTMENT OF COMMERCE Jolie Harrison, Chief, Permits and
IHA expires and a second IHA would Conservation Division, Office of
allow for completion of the activities National Oceanic and Atmospheric
Protected Resources, National Marine
Administration
beyond that described in the Dates and Fisheries Service. Physical comments
Duration section, provided all of the RIN 0648–XG012 should be sent to 1315 East-West
following conditions are met: Highway, Silver Spring, MD 20910 and
• A request for renewal is received no Taking and Importing Marine electronic comments should be sent to
later than 60 days prior to expiration of Mammals; Taking Marine Mammals ITP.molineaux@noaa.gov.
the current IHA. Incidental to Gull and Climate Instructions: NMFS is not responsible
• The request for renewal must Monitoring/Research in Glacier Bay for comments sent by any other method,
include the following: National Park, Alaska to any other address or individual, or
(1) An explanation that the activities AGENCY: National Marine Fisheries received after the end of the comment
to be conducted beyond the initial dates Service (NMFS), National Oceanic and period. Comments received
either are identical to the previously Atmospheric Administration (NOAA), electronically, including all
analyzed activities or include changes Commerce. attachments, must not exceed a 25-
so minor (e.g., reduction in pile size) ACTION: Notice; receipt of application for megabyte file size. Attachments to
that the changes do not affect the Letter of Authorization; request for electronic comments will be accepted in
daltland on DSKBBV9HB2PROD with NOTICES
previous analyses, take estimates, or comments and information. Microsoft Word or Excel or Adobe PDF
mitigation and monitoring file formats only. All comments
requirements. SUMMARY: NMFS has received a request received are a part of the public record
(2) A preliminary monitoring report from the National Park Service (NPS) for and will generally be posted online at
showing the results of the required authorization to take small numbers of https://www.fisheries.noaa.gov/
monitoring to date and an explanation marine mammals incidental to national/marine-mammal-protection/
showing that the monitoring results do glaucous-winged gull and climate incidental-take-authorizations-research-
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![7700 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices
and-other-activities without change. All migration, breathing, nursing, breeding, Information Solicited
personal identifying information (e.g., feeding, or sheltering (Level B Interested persons may submit
name, address) voluntarily submitted by harassment). information, suggestions, and comments
the commenter may be publicly concerning the NPS’ request (see
accessible. Do not submit confidential Summary of Request
ADDRESSES). NMFS will consider all
business information or otherwise On February 6, 2018, NMFS received information, suggestions, and comments
sensitive or protected information. an adequate and complete application related to the request during the
FOR FURTHER INFORMATION CONTACT: from the NPS requesting authorization development of proposed regulations
Jonathan Molineaux, Office of Protected for take of marine mammals incidental governing the incidental taking of
Resources, NMFS, (301) 427–8401. An to glaucous-winged gull and climate marine mammals by the NPS, if
electronic copy of the NPS’s application monitoring research activities in GLBA appropriate.
may be obtained online at: https:// NP, Alaska. The requested regulations Dated: February 15, 2018.
www.fisheries.noaa.gov/national/ would be valid for five years, from Donna Wieting,
marine-mammal-protection/incidental- March 2019 through December 2023.
take-authorizations-research-and-other- Director, Office of Protected Resources,
The NPS plans to conduct necessary National Marine Fisheries Service.
activities. In case of problems accessing
work, including gull and climate [FR Doc. 2018–03578 Filed 2–21–18; 8:45 am]
these documents, please call the contact
monitoring to assist in informing future
listed above. BILLING CODE 3510–22–P
native egg harvests and fill crucial
SUPPLEMENTARY INFORMATION:
climate data gaps. The proposed action
Background may incidentally expose marine COURT SERVICES AND OFFENDER
Sections 101(a)(5)(A) and (D) of the mammals occurring in the vicinity to SUPERVISION AGENCY FOR THE
MMPA (16 U.S.C. 1361 et seq.) direct either acoustic disturbance from DISTRICT OF COLUMBIA
the Secretary of Commerce (as delegated motorboat sounds or visual disturbance
to NMFS) to allow, upon request, the from the presence of observers, thereby Publication of Fiscal Year 2016 Service
incidental, but not intentional, taking of resulting in incidental take, by Level B Contract Inventory
small numbers of marine mammals by harassment only. Therefore, the NPS AGENCY: Court Services and Offender
U.S. citizens who engage in a specified requests authorization to incidentally Supervision Agency for the District of
activity (other than commercial fishing) take eastern pacific harbor seals. Columbia (CSOSA).
within a specified geographical region if Specified Activities ACTION: Notice of public availability of
certain findings are made and either FY 2016 Service Contract Inventory.
regulations are issued or, if the taking is The purpose for the monitoring
limited to harassment, a notice of a activities are as follows. Gull monitoring SUMMARY: In accordance with Section
proposed authorization is provided to studies are mandated by a Record of 743 of Division C of the FY2010
the public for review. Decision of a Legislative Environmental Consolidated Appropriations Act, the
An incidental take authorization shall Impact Statement (LEIS) (NPS 2010) Court Services and Offender
be granted if NMFS finds that the taking which states that NPS must initiate a Supervision Agency hereby advises the
will have a negligible impact on the monitoring program for glaucous- public of the availability of the FY 2016
species or stock(s), will not have an winged gulls (Larus glaucescens) to Service Contract Inventory. This
unmitigable adverse impact on the inform future native egg harvest by the inventory provides information on
availability of the species or stock(s) for Hoonah Tlingit in Glacier Bay, Alaska. service contract actions over $25,000
subsistence uses (where relevant), and if Installation of a new weather station on that were made in FY 2016. The
the permissible methods of taking and information is organized by function to
Lone Island is being planned as one of
requirements pertaining to the show how contracted resources are
several installations intended to fill
mitigation, monitoring and reporting of distributed throughout the agency. This
coverage gaps among existing weather
such takings are set forth. inventory has been developed in
stations in GLBA NP (NPS 2015a).
NMFS has defined ‘‘negligible accordance with guidance issued on
These new stations will be operated as November 5, 2010 and December 19,
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that the foundation of a new long-term 2011 by the Office of Management and
cannot be reasonably expected to, and is climate-monitoring program for GLBA Budget’s Office of Federal Procurement
not reasonably likely to, adversely affect NP. The maximum number of days the Policy (OFPP). CSOSA’s FY 2016
the species or stock through effects on NPS will conduct annual monitoring Service Contract Inventory is available
annual rates of recruitment or survival. activities that require a Letter of on its website at: http://www.csosa.gov/
The MMPA states that the term ‘‘take’’ Authorization will be 24 days during about/mandated-reports.aspx.
means to harass, hunt, capture, kill or each of the five years of work. This FOR FURTHER INFORMATION CONTACT:
attempt to harass, hunt, capture, or kill consists of four possible yearly climate Inventory Information: Reggie James,
any marine mammal. monitoring visits to Lone Island during Associate Director, Court Services and
Except with respect to certain the months of October to April and five Offender Supervision Agency, Office of
activities not pertinent here, the MMPA possible annual gull monitoring visits Administration, 800 North Capitol
defines ‘‘harassment’’ as any act of each to Boulder Island, Geikie Rock, Street NW, Washington, DC 20004, at
pursuit, torment, or annoyance, which Lone Island and Flapjack Island during (202) 220–5707, or reggie.james@
daltland on DSKBBV9HB2PROD with NOTICES
(i) has the potential to injure a marine the months of May to September. csosa.gov.
mammal or marine mammal stock in the Eastern Pacific harbor (Phoca vitulina Notice Information: Rochelle Durant,
wild (Level A harassment); or (ii) has richardii) seals are the only marine Program Analyst, Court Services and
the potential to disturb a marine mammals expected to be taken by the Offender Supervision Agency, 633
mammal or marine mammal stock in the activities as the NPS will maintain a Indiana Avenue NW, Washington, DC
wild by causing disruption of behavioral distance of 100 meters from all Steller 20004, (202) 220–5304, or
patterns, including, but not limited to, sea lions. rochelle.durant@csosa.gov.
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Document Created: 2018-02-22 02:50:53
Document Modified: 2018-02-22 02:50:53
| 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 Letter of Authorization; request for comments and information. | |
| Dates | Comments and information must be received no later than March 26, 2018. | |
| Contact | Jonathan Molineaux, Office of Protected Resources, NMFS, (301) 427-8401. An electronic copy of the NPS's application may be obtained online at: https:// www.fisheries.noaa.gov/national/marine-mammal-protection/incidental- take-authorizations-research-and-other-activities. In case of problems accessing these documents, please call the contact listed above. | |
| FR Citation | 83 FR 7699 | |
| RIN Number | 0648-XG01 |
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