[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74710-74711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29394]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD646
Notice of Intent To Issue Guidelines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice, request for public comment.
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SUMMARY: The Marine Mammal Protection Act (MMPA) allows for persons to
employ measures to deter marine mammals from damaging fishing gear and
catch, damaging personal or public property, or endangering personal
safety, as long as these measures do not result in death or serious
injury of marine mammals. The MMPA also allows the Secretary of
Commerce, through NOAA's National Marine Fisheries Service (NMFS), to
develop national guidelines on safely deterring marine mammals under
NOAA's jurisdiction (e.g., whales, dolphins, seals, and sea lions). To
inform development of these national guidelines, NMFS requests input on
which deterrents the public would like NMFS to evaluate and consider
for approval. Any subsequent national guidelines for safely deterring
marine mammals would then be released for public notice and comment as
required by the MMPA. Such national guidelines would likely be tailored
to each species group (pinnipeds, large cetaceans, and small cetaceans)
as differences in physiology and behavior would affect whether a
deterrent is appropriate for one or more species group. National
guidelines would also address relevant implementation considerations.
Deterrents could be considered ``passive'' or ``active'' in nature.
Deterrents may include physical barriers, acoustic deterrent and
harassment devices, visual repellents, boat hazing, noisemakers, and
physical contact. For each deterrent device or technique submitted to
NMFS for consideration and evaluation, NMFS requests information on the
specifications (e.g., source and frequency levels, pulse rate, type of
fencing, size of flags, etc.) for each deterrent or technique, which
marine mammal species or species group (large cetaceans, small
cetaceans, pinnipeds) would be deterred, how a deterrent would be
employed (e.g., attached to fishing gear, launched some distance from a
marine mammal), any evidence that the deterrent will not result in
mortality or serious injury, and any other implementation
considerations. This information will help NMFS determine which devices
or techniques are appropriate for the development of guidelines and
specific measures for safely deterring both non-ESA listed and ESA
listed marine mammals.
DATES: Written comments from interested parties on the non-lethal
deterrents for NMFS' consideration must be received at the appropriate
address or fax number (see ADDRESSES) no later than 5 p.m. Eastern
daylight time on January 15, 2015.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0146,
by any of the following methods during the 30-day comment period:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2014-0146 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on the right of that line.
Mail: Submit written comments to Kristy Long, Office of
Protected Resources, 7600 Sand Point Way NE., Building 4, Room 2122-4,
Seattle, WA 98115.
Fax: 301-713-0376; Attn: Kristy Long.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Kristy Long (ph. 206-526-4792, email
[email protected]).
SUPPLEMENTARY INFORMATION:
Background
The deterrence provisions of the Marine Mammal Protection Act (16
U.S.C. 1361 et seq.) provide an exception to otherwise prohibited acts,
allowing the use of measures that may deter a marine mammal from, among
other things, damaging private property or endangering personal safety,
so long as those deterrents do not result in the death or serious
injury of a marine mammal. NMFS has defined ``serious injury'' as any
injury that will likely result in death (50 CFR 229.2) and has further
interpreted that definition and developed a process to distinguish
serious from non-serious injuries (www.nmfs.noaa.gov/pr/pdfs/serious_injury_policy.pdf).
Specifically, MMPA section 101(a)(4)(A) allows for the owner of
fishing gear or catch or private property, or an employee or agent of
such owner, to deter marine mammals from damaging fishing gear and
catch or private property, respectively. Additionally, it allows any
person to deter a marine mammal from endangering personal safety and
any government employee to deter a marine mammal from damaging public
property, so long as such measures do not result in mortality or
serious injury of a marine mammal.
MMPA section 101(a)(4)(B) directs the Secretary of Commerce,
through NMFS, to publish guidelines for safely deterring marine mammals
and recommend specific measures to non-lethally deter marine mammals
listed as endangered or threatened under the Endangered Species Act
(ESA). Deterring marine mammals consistent with such guidelines or
approved measures would not be a violation of the MMPA.
MMPA section 101(a)(4)(C) provides for the prohibition of certain
forms of deterrence if NMFS determines, using the best scientific
information available, and subsequent to public comment, that the
deterrence measure has a significant adverse effect on marine mammals.
Types of Deterrents
Passive Deterrents
``Passive'' deterrence measures are those that prevent marine
mammals from gaining access to fishing gear, property, or people. The
proper use of
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these passive deterrence devices provides for human safety and does not
increase the risk of death or serious injury of marine mammals. Such
measures have been most commonly deployed for deterring pinnipeds and
could include rigid fencing and other fixed barriers such as gates and
fence skirting, closely spaced posts, and visual deterrents (e.g.,
flags, pinwheels, flashing lights). For small cetaceans, modifying
fishing behavior to prevent interactions is another option. For example
a fishing vessel could minimize the number of turns made while trawling
and reduce tow times at night.
Active Deterrents
``Active'' deterrence measures introduce a stimulus into a marine
mammal's environment to dissuade an animal from interacting with
property, people, or fishing gear or catch or stopping a dangerous or
damaging interaction. Examples of active measures include underwater
acoustic devices (e.g., pingers, seal scarers, noisemakers such as
horns or whistles) that generate sounds known to be annoying but not
harmful to marine mammals, physical contact such as prodding a marine
mammal with blunt poles, pushing or herding an animal, and spraying
water at an animal, as well as, for seals and sea lions, some light
explosives to induce a startle response.
Request for Public Comment
Pursuant to MMPA section 101(a)(4)(B), NMFS intends to develop
national guidelines for deterring marine mammals under NOAA's
jurisdiction (see www.nmfs.noaa.gov/pr/species/mammals). NMFS is
soliciting public input on which deterrents the public would like NMFS
to evaluate and consider for approval through these national
guidelines. For each device or technique submitted for consideration,
NMFS requests any available information on the specifications for each
deterrent, which marine mammal species or species group would be
deterred, how a deterrent would be deployed, and any other
implementation considerations. NMFS would also appreciate any details,
if known, on the nature of the interaction for which deterrence
measures are being sought or already employed.
NMFS is not requesting that individuals undertake new research to
inform this process. Further, please note that some devices or
techniques may not be appropriate for use on certain species or in
certain areas and may be subject to prohibition or permitting
requirements under federal, state, or local ordinances.
For each deterrent device or technique submitted, please include
information on the following:
The intended species and/or species group (i.e., large
cetaceans, small cetaceans, or pinnipeds) that could be deterred by a
particular device or technique.
Details on the nature of the interaction that warrants
deterrence, including, if known, the associated marine mammal behavior
(e.g., depredation of bait or catch, bycatch, begging, damage to
fishing gear or property) and location of the interaction (e.g., at
sea, on land, on a dock, on private property).
A description of the device or technique, including all
available manufacturer specifications of the device and photographs or
graphics, if possible. For example, for acoustic deterrent or
harassment devices, please include source level (e.g., decibel level
(dB)), reference pressure (e.g., peak, root mean square (RMS)),
frequency levels (in Hertz or kilohertz), pulse rates and duration,
battery requirements, and recommended spacing. For example, one type of
acoustic harassment device, a 10 kHz pinger, emits sound at 132 dB
( 4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds
( 15 milliseconds), and repeating every 4 seconds ( 0.2 seconds).
Reports, literature, or data from any field trials or
pilot studies evaluating the device or technique, including any
observed death or serious injury that resulted from using the device or
technique.
Any other information relative to the potential risk that
a specific device or technique may have in causing the death or serious
injury of a marine mammal.
The manner in which the device or technique would be
deployed. Specifically, details on how the deterrent would be attached
to fishing gear (e.g., number of devices, distance between deterrents,
etc.), launched at some distance, deployed on a dock or vessel, etc.
For example, for acoustic pingers deployed to deter harbor porpoises
from gillnets, a 10 kHz pinger would be attached at each end of a
gillnet string and at the bridle of every net within a string of nets
(every 300 ft (91.44 m)). For a physical barrier on private property
intended to prevent pinnipeds from gaining access, the barrier should
be made of galvanized metal to withstand the marine environment and
block haul-out attempts, and the rungs should be spaced no more than 18
inches (45.72 cm) apart.
Potential effects on other marine mammals, ESA-listed
species, or the environment in the area where a deterrent would be
used.
Any other implementation considerations that NMFS should
consider.
In summary, NMFS is soliciting input on which deterrents the public
would like NMFS to evaluate and consider for approval through the
development of national guidelines for safely deterring marine mammals.
NMFS will consider these suggested deterrents and others, as
appropriate, for inclusion in the guidelines and will subsequently
publish any such guidelines developed as a part of this process in the
Federal Register for public notice and comment, as required by MMPA
section 101(a)(4)(B).
Dated: December 11, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-29394 Filed 12-15-14; 8:45 am]
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