[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)] [Notices] [Pages 17347-17348] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-8906] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 032499A] Small Takes of Marine Mammals Incidental to Specified Activities; Offshore Oil and Gas Activities in the Beaufort Sea AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Request for panel nominations. ----------------------------------------------------------------------- SUMMARY: The Marine Mammal Protection Act (MMPA) requires Incidental Harassment Authorizations (IHAs) issued thereunder, to prescribe, where applicable, the requirements for an independent peer review of research and monitoring plans for those activities that take marine mammals incidental to the activity and where the activity may affect the availability of a species/stock of marine mammal for taking for subsistence uses in Arctic waters. In addition, NMFS regulations require similar review for Letters of Authorization (LOAs) issued under the MMPA for activities in Arctic waters. Because of increasing activities and potential MMPA authorizations in Arctic waters, NMFS wishes to expand its present list of peer review participants. NMFS is therefore accepting nominations from the public for consideration as potential reviewers of monitoring and research plans in the Arctic. DATES: Nominations must be received no later than May 24, 1999. ADDRESSES: Nominations should be addressed to Donna Wieting, Acting Chief, Marine Mammal Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225. Additional information may be obtained by writing to this address or by telephoning the contact listed here. [[Page 17348]] FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, (301) 713-2055. 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 to allow, upon request, the incidental, but not intentional taking 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, notice of a proposed authorization is provided to the public for review. Permission may 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, and the permissible methods of taking and requirements pertaining to the monitoring and reporting of such taking are set forth. On April 10, 1996 (61 FR 15884), NMFS published an interim rule establishing, among other things, procedures for issuing LOAs under section 101(a)(5)(A) and IHAs under section 101(a)(5)(D) of the MMPA. Section 101(a)(5)(D)(ii)(III) of the MMPA requires authorizations to prescribe, where applicable, the requirements for the ``independent peer review of proposed monitoring plans or other research proposals where the proposed activity may affect the availability of a species or stock for taking for subsistence uses...'' This requirement was codified at 50 CFR 216.107. However, due to time constraints, it is often necessary for the peer review process to be substantially completed prior to issuance of the authorization. Procedure If an activity, taking place in Arctic waters, has the potential to cause an adverse impact on those marine mammals taken in subsistence harvests, applicants are required to submit to NMFS a complete draft Monitoring Plan (Plan) for assessing impacts to marine mammals, either with an IHA application but no later than 120 days prior to the date an IHA is expected to be issued. The timing of the submission minimizes potential conflicts among user groups over whether a proposed Plan is adequate for determining the effects of the proposed activity on stocks of marine mammals needed for subsistence purposes. Upon receipt of a small take application and draft Plan, NMFS reviews the documents and makes a preliminary determination on whether the activity has the potential to adversely affect the availability of a species or stock for subsistence uses. If NMFS makes a preliminary determination that the activity has the potential to adversely affect the availability of a species or stock for subsistence uses, NMFS will (1) establish an independent peer-review panel to critique the Plan and provide comments and recommendations on improving monitoring, (2) convene a peer review workshop to discuss and evaluate the Plan prior to requesting independent peer review, or (3) consult with the Marine Mammal Commission (MMC), the Alaska Eskimo Whaling Commission (AEWC), and either the North Slope Borough (NSB), or another Native Alaskan Interest Group as appropriate to determine the level of review appropriate for the activity. The Plan, and NMFS' preliminary determination on the level of peer review, is also made available to the public at the time of publication in the Federal Register of a notice of receipt of an IHA or LOA application. If a peer review workshop is convened, independent peer review is requested on the Plan after incorporation of any workshop recommendations. Peer review usually is also conducted on the results of any monitoring program that has previously undergone peer review. As an example of a peer-review process, applicants involved in oil and gas exploration and development activities in the U.S. Beaufort Sea coordinate activities with NMFS and NSB residents and provide a Plan several months prior to an activity's commencement. In most years, a peer-review workshop is scheduled to review the Plan. That procedure is likely to continue into the future. For this type of activity, the workshop normally includes 6 to 10 experts in the fields of population ecology, survey design, acoustics, and marine mammal behavior. Workshop participants are selected by NMFS, in consultation with the MMC, the AEWC, the NSB and the applicant, all of whom may have scientific representation. Normally, the workshop is chaired by NMFS and minutes from the workshop are prepared within 2 weeks by a rapporteur assigned to assist the Chair, and made available to the general public upon request. Often, the Plan is modified subsequent to the workshop and submitted to NMFS for acceptance and submission to the independent peer review panel. Selected independent peer reviewers (usually 3 to 4) are experts in one or more of the previously mentioned scientific areas who are not currently employed or contracted by either the affected Alaskan native organization, or NMFS. To avoid a potential conflict of interest, marine mammal scientists who are currently employed or contracted by potential applicants may be selected for the peer review panel, but would not be requested to peer review the Plans of their employer. Nominations Solicited NMFS requests interested persons to submit recommendations, comments, information, and suggestions concerning potential peer- reviewers (see ADDRESSES). Nominators should ensure that the potential applicant is a biological scientist, familiar either with monitoring techniques for assessing marine mammal populations, and/or knowledgeable on life history parameters of Arctic marine mammals and willing to review a maximum of 1 monitoring plan and resulting research report per year without compensation. Upon receipt of an interest in participating as an independent peer reviewer, NMFS may solicit additional information, including, where necessary, curriculum vitae of the interested individual. Applicants who are currently employed or contracted by NMFS, the NSB, or the AEWC cannot be selected. Dated: April 5, 1999. Art Jeffers, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 99-8906 Filed 4-8-99; 8:45 am] BILLING CODE 3510-22-F