[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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