[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43270-43271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17970]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC111
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay
National Marine Sanctuary, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that a 5-year
Letter of Authorization (LOA) has been issued to the Monterey Bay
National Marine Sanctuary (MBNMS) to incidentally take, by Level B
harassment only, California sea lions (Zalophus californianus) and
harbor seals (Phoca vitulina) incidental to professional fireworks
displays within the MBNMS.
DATES: This authorization is effective from July 4, 2012, through July
3, 2017.
ADDRESSES: The LOA and supporting documentation are available for
review in the Permits, and Conservation Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910, by
contacting the individual listed below (FOR FURTHER INFORMATION
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce (Secretary) upon request, to allow, during
periods of not more than five consecutive years each, the incidental,
but not intentional, taking of marine mammals by United States citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region, if certain findings are made
and regulations are issued.
The Secretary shall grant the authorization for incidental taking
if NMFS finds, after notice and opportunity for public comment, that
the total of such taking during each five-year (or less) period
concerned, 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, 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.''
In addition, NMFS must prescribe regulations that include
permissible methods of taking and other means of effecting the least
practicable adverse impact on the species and its habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species for subsistence
uses. The regulations must include requirements for monitoring and
reporting of such taking.
Regulations governing the taking of California sea lions and harbor
seals, by Level B harassment, incidental to commercial fireworks
displays within the Monterey Bay National Marine Sanctuary (MBNMS)
became effective on July 4, 2012, and remain in effect until July 3,
2017. For detailed information on this action, please refer to the
original Federal Register notice (77 FR 31537, May 29, 2012). These
regulations include mitigation, monitoring, and reporting requirements
for the incidental taking of marine mammals during the fireworks
displays within the Sanctuary boundaries.
Summary of Request
On July 7, 2011, we received a request for new regulations and a
subsequent 5-year LOA that would authorize take of marine mammals
incidental to fireworks displays at the MBNMS. We first issued an
incidental harassment authorization (IHA) under section 101(a)(5)(D) of
the MMPA to MBNMS on July 4, 2005 (70 FR 39235; July 7, 2005), and
subsequently issued 5-year regulations governing the annual issuance of
LOAs under section 101(a)(5)(A) of the MMPA (71 FR 40928; July 19,
2006). Upon expiration of those regulations, NMFS issued MBNMS an IHA
(76 FR 29196; May 20, 2011), which expired on July 3, 2012. A full
description of fireworks displays within the MBNMS can be found in the
proposed rule (77 FR 19976; April 3, 2012).
Under all previous authorizations, MBNMS conducted activities as
described, implemented the required mitigation measures, and conducted
the required monitoring. The total number of potentially harassed
pinnipeds for all fireworks displays has been well below the authorized
limits as stated in the authorizations.
No injuries or fatalities to marine mammals have been reported as
resulting from any of the events. Hence, monitoring results have
supported our findings that fireworks displays will result in no more
than Level B behavioral harassment of small numbers of California sea
lions and harbor seals and that the effects will be limited to short-
term behavioral changes, including temporary abandonment of haul-out
areas to avoid the sights and sounds of commercial fireworks.
Authorization
NMFS has issued an LOA to MBNMS authorizing the Level B harassment
of marine mammals incidental to coastal commercial fireworks displays
within the Sanctuary. Issuance of this LOA is based on the results of
past monitoring reports which verify that the total number of
potentially harassed sea lions and harbor seals was well below the
authorized limits. Based on these findings and the information
discussed in the preamble to the final rule, the activities described
under this LOA will have a negligible impact on marine mammal stocks
and will not have an unmitigable adverse impact on the
[[Page 43271]]
availability of the affected marine mammal stock for subsistence uses.
No injury, serious injury, or mortality of affected species is
anticipated.
Dated: July 17, 2012.
Wanda Cain,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-17970 Filed 7-23-12; 8:45 am]
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