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]

Download as PDF 24818 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 VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 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] BILLING CODE 3510–22–S PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 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: http://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 E:\FR\FM\26MYN1.SGM 26MYN1 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] BILLING CODE 3510–22–S VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 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 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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] BILLING CODE 3510–22–S 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 26MYN1

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]


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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 East-West Highway, Silver Spring, MD 20910-3235 or by 
telephoning the contact listed here (see FOR FURTHER INFORMATION 
CONTACT), or online at: http://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