[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25703-25704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC336


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Fisheries Research

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.

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SUMMARY: NMFS' Office of Protected Resources has received a request 
from the NMFS Southwest Fisheries Science Center (SWFSC) for 
authorization to take small numbers of marine mammals incidental to 
conducting fisheries research, 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 SWFSC's 
request under section 101(a)(5)(A) of the MMPA for the development and 
implementation of regulations governing the incidental taking of marine 
mammals. We invite information, suggestions, and comments on SWFSC's 
application and request.

DATES: Comments and information must be received no later than June 3, 
2013.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is [email protected]. We are not responsible 
for email comments sent to addresses other than the one provided here. 
Comments sent via email, including all attachments, must not exceed a 
10-megabyte file size.

[[Page 25704]]


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

SUPPLEMENTARY INFORMATION: 

Availability

    An electronic copy of SWFSC's application may be obtained by 
visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    The SWFSC is concurrently releasing a draft Environmental 
Assessment, prepared pursuant to requirements of the National 
Environmental Policy Act, for the conduct of their fisheries research. 
A copy of the draft EA, which would also support our proposed 
rulemaking under the MMPA, is also available at: http://swfsc.noaa.gov/dpea.aspx.

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are 
issued.
    Incidental taking shall be allowed if NMFS finds that the taking 
will have a negligible impact on the species or stock(s) affected and 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for taking for subsistence uses, and if the 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such taking 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) 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 April 25, 2013, we received a complete and adequate application 
from SWFSC requesting authorization for take of marine mammals 
incidental to fisheries research conducted by SWFSC. The requested 
regulations would be valid for five years from the date of issuance. 
The SWFSC plans to conduct fisheries research surveys in the California 
Current Research Area (off the U.S. west coast), the Eastern Tropical 
Pacific Research Area, and the Antarctic Research Area (in the 
Antarctic Scotia Sea). It is possible that marine mammals may interact 
with fishing gear (e.g., trawl nets, longlines) used in SWFSC's 
research, resulting in injury, serious injury, or mortality. In 
addition, the SWFSC operates active acoustic devices that have the 
potential to disturb marine mammals. Because the specified activities 
have the potential to take marine mammals present within these action 
areas, SWFSC requests authorization to take multiple species of marine 
mammal that may occur in these areas.

Specified Activities

    The Federal Government has a responsibility to conserve and protect 
living marine resources in U.S. federal waters and has also entered 
into a number of international agreements and treaties related to the 
management of living marine resources in international waters outside 
the United States. NOAA has the primary responsibility for managing 
marine fin and shellfish species and their habitats, with that 
responsibility delegated within NOAA to NMFS.
    In order to direct and coordinate the collection of scientific 
information needed to make informed management decisions, Congress 
created six Regional Fisheries Science Centers, each a distinct 
organizational entity and the scientific focal point within NMFS for 
region-based federal fisheries-related research. This research is aimed 
at monitoring fish stock recruitment, abundance, survival and 
biological rates, geographic distribution of species and stocks, 
ecosystem process changes, and marine ecological research. The SWFSC is 
the research arm of NMFS in the Southwest Region. The SWFSC conducts 
research and provides scientific advice to manage fisheries and 
conserve protected species in three geographic research areas: the 
California Current Research Area (along the U.S. West Coast), the 
Eastern Tropical Pacific Research Area (throughout the Eastern Tropical 
Pacific Ocean), and the Antarctic Research Area (in the Scotia Sea area 
off Antarctica). The SWFSC provides scientific information to support 
the Pacific Fishery Management Council and numerous other domestic and 
international fisheries management organizations.
    The SWFSC collects a wide array of information necessary to 
evaluate the status of exploited fishery resources and the marine 
environment. SWFSC scientists conduct fishery-independent research 
onboard NOAA-owned and operated vessels or on chartered vessels. A few 
surveys are conducted onboard commercial fishing vessels, but the SWFSC 
designs and executes the studies and funds vessel time. The SWFSC 
proposes to administer and conduct approximately 14 survey programs 
over the five-year period. The gear types used fall into several 
categories: pelagic trawl gear used at various levels in the water 
column, pelagic longlines with multiple hooks, bottom-contact trawls, 
and other gear. Only pelagic trawl and longline gears are likely to 
interact with marine mammals. The majority of these surveys also use 
active acoustic devices.
    A more detailed description of the fisheries research conducted by 
SWFSC may be found in their application, which is available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning SWFSC's request (see ADDRESSES). We 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 SWFSC, if appropriate.

    Dated: April 29, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-10442 Filed 5-1-13; 8:45 am]
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