Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 24818-24819 [E9-12153]
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Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
All injured or dead marine mammals
(regardless of cause) will be reported to
NMFS as soon as practicable. The report
should include species or description of
animal, condition of animal, location,
time first found, observed behaviors (if
alive) and photo or video, if available.
Endangered Species Act (ESA)
Under Section 7 of the ESA, NSF has
begun consultation with the NMFS,
Office of Protected Resources,
Endangered Species Division on this
proposed seismic survey. NMFS will
also consult on the issuance of an IHA
under section 101(a)(5)(D) of the MMPA
for this activity. Consultation will be
concluded prior to a determination on
the issuance of the IHA.
National Environmental Policy Act
(NEPA)
NSF prepared a draft Environmental
Assessment titled ‘‘Marine Seismic
Survey in the Northeast Pacific, July
2009.’’ NSF’s draft EA incorporates an
‘‘Environmental Assessment (EA) of a
Planned Low-Energy Marine Seismic
Survey by the Scripps Institution of
Oceanography in the Northeast Pacific
Ocean, July 2009’’ prepared by LGL
Limited, Environmental Research
Associates, on behalf of NSF and SIO.
NMFS will either adopt NSF’s EA or
conduct a separate NEPA analysis, as
necessary, prior to making a
determination on the issuance of the
IHA.
Preliminary Determinations
NMFS has preliminarily determined
that the impact of conducting the lowenergy marine seismic survey in the
Northeast Pacific Ocean may result, at
worst, in a temporary modification in
behavior (Level B harassment) of small
numbers of marine mammals. Further,
this activity is expected to result in a
negligible impact on the affected species
or stocks. The provision requiring that
the activity not have an unmitigable
impact on the availability of the affected
species or stock for subsistence uses is
not implicated for this proposed action.
For reasons stated previously in this
document, the negligible impact
determination is supported by:
(1) The likelihood that, given
sufficient ‘‘notice’’ through relatively
slow ship speed, marine mammals are
expected to move away from a noise
source that is annoying prior to its
becoming potentially injurious;
(2) The fact that cetaceans would have
to be closer than 23 m (75 ft) in deep
water, 35 m (115 ft) in intermediate
depths, and 150 m (492 ft) in shallow
water when the GI airgun is in use from
the vessel to be exposed to levels of
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sound (180 dB) believed to have even a
minimal chance of causing PTS;
(3) The fact that pinnipeds would
have to closer than 8 m (26 ft) in deep
water, 12 m (39 ft) in intermediate
depths, and 95 m (312 ft) in shallow
water when the GI airgun is in use from
the vessel to be exposed to levels of
sound (190 dB) believed to have even a
minimal chance of causing PTS;
(4) The fact that marine mammals
would have to be closer than 220 m (ft)
in deep water, 330 m at intermediate
depths, and 570 m (ft) in shallow water
when the GI airgun is in use from the
vessel to be exposed to levels of sound
(160 dB) believed to have even a
minimal chance at causing TTS; and
(5) The likelihood that marine
mammal detection ability by trained
observers is high at that short distance
from the vessel, enabling the
implementation of shut-downs to avoid
injury, serious injury, or mortality. As a
result, no take by injury or death is
anticipated, and the potential for
temporary or permanent hearing
impairment is very low and will be
avoided through the incorporation of
the proposed mitigation measures.
While the number of marine
mammals potentially incidentally
harassed will depend on the
distribution and abundance of marine
mammals in the vicinity of the survey
activity, the number of potential
harassment takings is estimated to be
small, less than one percent of any of
the estimated population sizes, and has
been mitigated to the lowest level
practicable through incorporation of the
measures mentioned previously in this
document.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to SIO for conducting a lowenergy marine seismic survey in the
Northeast Pacific Ocean in July, 2009,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: March 19, 2009.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–12149 Filed 5–22–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XP28
Incidental Taking of Marine Mammals;
Taking of Marine Mammals Incidental
to the Explosive Removal of Offshore
Structures in the Gulf of Mexico
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of letters of
authorization.
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that NMFS
has issued one-year Letters of
Authorization (LOA) to take marine
mammals incidental to the explosive
removal of offshore oil and gas
structures (EROS) in the Gulf of Mexico.
DATES: These authorizations are
effective from June 1, 2009 through May
31, 2010.
ADDRESSES: The application and LOAs
are available for review by writing to P.
Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3235 or by telephoning the
contact listed here (see FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Ken Hollingshead,
Office of Protected Resources, NMFS,
301–713–2289.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the NMFS to allow,
upon request, the incidental, but not
intentional, taking of small numbers 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 by NMFS
and regulations are issued. Under the
MMPA, the term ‘‘taking’’ means to
harass, hunt, capture, or kill or to
attempt to harass, hunt capture, or kill
marine mammals.
Authorization for incidental taking, in
the form of annual LOAs, may be
granted by NMFS for periods up to five
years if NMFS finds, after notification
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Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices
and opportunity for public comment,
that the taking will have a negligible
impact on the species or stock(s) of
marine mammals, and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). In
addition, NMFS must prescribe
regulations that include permissible
methods of taking and other means
effecting the least practicable adverse
impact on the species and its habitat
(i.e., mitigation), and on the availability
of the species for subsistence uses,
paying particular attention to rookeries,
mating rounds, and areas of similar
significance. The regulations also must
include requirements pertaining to the
monitoring and reporting of such taking.
Regulations governing the taking
incidental to EROS were published on
June 19, 2008 (73 FR 34889), and remain
in effect through July 19, 2013. For
detailed information on this action,
please refer to that Federal Register
notice. The species that applicants may
take in small numbers during EROS
activities are bottlenose dolphins
(Tursiops truncatus), Atlantic spotted
dolphins (Stenella frontalis),
pantropical spotted dolphins (Stenella
attenuata), Clymene dolphins (Stenella
clymene), striped dolphins (Stenella
coeruleoalba), spinner dolphins
(Stenella longirostris), rough-toothed
dolphins (Steno bredanensis), Risso’s
dolphins (Grampus griseus), melonheaded whales (Peponocephala electra),
short-finned pilot whales (Globicephala
macrorhynchus), and sperm whales
(Physeter macrocephalus).
Pursuant to these regulations, NMFS
has issued an LOA to Ridgelake Energy,
Inc., Fairways Offshore Exploration,
Inc., El Paso Exploration & Production
Company, L.P. Issuance of the LOAs is
based on a finding made in the
preamble to the final rule that the total
taking by these activities (with
monitoring, mitigation, and reporting
measures) will result in no more than a
negligible impact on the affected species
or stock(s) of marine mammals and will
not have an unmitigable adverse impact
on subsistence uses. NMFS also finds
that the applicant will meet the
requirements contained in the
implementing regulations and LOA,
including monitoring, mitigation, and
reporting requirements.
Dated: March 19, 2009.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–12153 Filed 5–22–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN: 0648–XP32
South Atlantic Fishery Management
Council; Public Meetings; Correction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of correction to a public
meeting notice.
SUMMARY: Update to the South Atlantic
Fishery Management Council’s
(Council) meeting of its Scientific and
Statistical Committee (SSC). See
SUPPLEMENTARY INFORMATION for
additional details.
DATES: The meeting will be held June 7–
12, 2009. See SUPPLEMENTARY
INFORMATION for specific dates and
times. (Note that these are the dates for
the SAFMC meeting. The SSC meeting
dates are listed below in the
SUPPLEMENTARY INFORMATION.)
ADDRESSES: The Council meeting will be
held at the Hutchinson Island Marriott,
555 NE Ocean Boulevard, Stuart, FL
34996; telephone: (800) 775–5936 or
(772) 225–3700; fax: (772) 225–0003.
Copies of documents are available from
Kim Iverson, Public Information Officer,
South Atlantic Fishery Management
Council, 4055 Faber Place Drive, Suite
201, North Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer;
telephone: (843) 571–4366 or toll free at
(866) SAFMC–10; fax: (843) 769–4520;
email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The
original notice published in the Federal
Register on May 18, 2008, 74 FR 23173.
The following addition has been added
to the agenda of the Scientific and
Statistical Committee meeting. Except
for the addition, all other previouslypublished information remains
unchanged.
1. Scientific and Statistical Committee:
June 7, 2009, 1:30 p.m. until 5 p.m.;
June 8, 2009, 8:30 a.m. until 5 p.m.; and
June 9, 2009, 8:30 a.m. until 5 p.m.
In addition to agenda items noted in
a previous Notice, the SSC will also
review an Independent Report on Red
Snapper in the Southeast Data,
Assessment, and Review (SEDAR) 15
stock assessment.
Documents regarding these issues are
available from the Council office (see
ADDRESSES).
Although non-emergency issues not
contained in this agenda may come
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24819
before this Council for discussion, those
issues may not be the subjects of formal
final Council action during this meeting.
Council action will be restricted to those
issues specifically listed in this notice
and any issues arising after publication
of this notice that require emergency
action under section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take final action to address the
emergency.
Except for advertised (scheduled)
public hearings and public comment,
the times and sequence specified on this
agenda are subject to change.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to the Council office
(see ADDRESSES) by June 4, 2009.
Dated: May 19, 2009.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–12035 Filed 5–22–09; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Emerging Technology and Research
Advisory Committee; Notice of Open
Meeting
The Emerging Technology and
Research Advisory Committee (ETRAC)
will meet on June 11, 2009, 8:30 a.m.,
Room 3884, and on June 12, 2009, 8:30
a.m., Room 3884, at the Herbert C.
Hoover Building, 14th Street between
Pennsylvania and Constitution
Avenues, NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration on emerging technology
and research activities, including those
related to deemed exports.
Thursday, June 11
Public Session
1. Welcome and Introduction.
2. Export Controls.
3. Deemed Exports Data Set.
4. Deemed Export Control
Methodology Model Options.
5. Review Status.
Friday, June 12
Public Session
1. Deemed Export Control
Methodology Model Options.
The meeting will be accessible via
teleconference to 20 participants on a
E:\FR\FM\26MYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24818-24819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12153]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XP28
Incidental Taking of Marine Mammals; Taking of Marine Mammals
Incidental to the Explosive Removal of Offshore Structures in the Gulf
of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of letters of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that NMFS has
issued one-year Letters of Authorization (LOA) to take marine mammals
incidental to the explosive removal of offshore oil and gas structures
(EROS) in the Gulf of Mexico.
DATES: These authorizations are effective from June 1, 2009 through May
31, 2010.
ADDRESSES: The application and LOAs are available for review by writing
to P. Michael Payne, Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3235 or by
telephoning the contact listed here (see FOR FURTHER INFORMATION
CONTACT), or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by
appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Ken Hollingshead,
Office of Protected Resources, NMFS, 301-713-2289.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the NMFS to allow, upon request, the incidental,
but not intentional, taking of small numbers 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 by NMFS and regulations are issued. Under the MMPA,
the term ``taking'' means to harass, hunt, capture, or kill or to
attempt to harass, hunt capture, or kill marine mammals.
Authorization for incidental taking, in the form of annual LOAs,
may be granted by NMFS for periods up to five years if NMFS finds,
after notification
[[Page 24819]]
and opportunity for public comment, that the taking will have a
negligible impact on the species or stock(s) of marine mammals, and
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for subsistence uses (where relevant). In addition,
NMFS must prescribe regulations that include permissible methods of
taking and other means effecting the least practicable adverse impact
on the species and its habitat (i.e., mitigation), and on the
availability of the species for subsistence uses, paying particular
attention to rookeries, mating rounds, and areas of similar
significance. The regulations also must include requirements pertaining
to the monitoring and reporting of such taking. Regulations governing
the taking incidental to EROS were published on June 19, 2008 (73 FR
34889), and remain in effect through July 19, 2013. For detailed
information on this action, please refer to that Federal Register
notice. The species that applicants may take in small numbers during
EROS activities are bottlenose dolphins (Tursiops truncatus), Atlantic
spotted dolphins (Stenella frontalis), pantropical spotted dolphins
(Stenella attenuata), Clymene dolphins (Stenella clymene), striped
dolphins (Stenella coeruleoalba), spinner dolphins (Stenella
longirostris), rough-toothed dolphins (Steno bredanensis), Risso's
dolphins (Grampus griseus), melon-headed whales (Peponocephala
electra), short-finned pilot whales (Globicephala macrorhynchus), and
sperm whales (Physeter macrocephalus).
Pursuant to these regulations, NMFS has issued an LOA to Ridgelake
Energy, Inc., Fairways Offshore Exploration, Inc., El Paso Exploration
& Production Company, L.P. Issuance of the LOAs is based on a finding
made in the preamble to the final rule that the total taking by these
activities (with monitoring, mitigation, and reporting measures) will
result in no more than a negligible impact on the affected species or
stock(s) of marine mammals and will not have an unmitigable adverse
impact on subsistence uses. NMFS also finds that the applicant will
meet the requirements contained in the implementing regulations and
LOA, including monitoring, mitigation, and reporting requirements.
Dated: March 19, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E9-12153 Filed 5-22-09; 8:45 am]
BILLING CODE 3510-22-S
