Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA, 30055-30056 [E9-14878]
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Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices
NMFS.Pr1Comments@noaa.gov. Include
in the subject line of the e-mail
comment the following document
identifier: File No. 14394.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead or Kate Swails, (301)
713–2289.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.), and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
Dr. Douglas Peterson is seeking a fiveyear scientific research permit to
conduct a study in the Altamaha River,
Georgia, assessing the distribution,
abundance and movements of adult and
sub-adult of shortnose sturgeon. The
permit would authorize non-lethal
sampling methods on up to 500
shortnose sturgeon annually, but not to
exceed 1,500 over the life of the permit.
Research activities would include gill
netting, measuring (length, weight,
photos), genetic/fin-ray tissue sampling,
PIT and sonic tagging, anesthesia,
laparoscopy, and gastric lavage. To
document spawning in the river, up to
20 eggs or larvae would be lethally
collected with artificial substrates
annually. Additionally, one incidence of
unintentional mortality or serious injury
is proposed over the life of the permit.
Dated: June 18, 2009
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–14879 Filed 6–23–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XP64
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Coastal Commercial
Fireworks Displays at Monterey Bay
National Marine Sanctuary, CA
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY: National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of issuance of a letter of
authorization.
VerDate Nov<24>2008
16:46 Jun 23, 2009
Jkt 217001
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that a oneyear Letter of Authorization (LOA) has
been issued to the Monterey Bay
National Marine Sanctuary (MBNMS) to
incidentally take, by Level B harassment
only, California sea lions (Zalophus
californianus) and Pacific harbor seals
(Phoca vitulina) incidental to
professional fireworks displays within
the MBNMS.
DATES: This authorization is effective
from July 4, 2009, through July 3, 2010.
ADDRESSES: The LOA and supporting
documentation are available for review
in the Permits, Conservation, and
Education Division, Office of Protected
Resources, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910, by
contacting one of the individuals listed
here (FOR FURTHER INFORMATION
CONTACT), or online at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address and at the Southwest Region,
NMFS, 501 West Ocean Boulevard,
Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, Office of Protected
Resources, NMFS, (301) 713–2289, or
Monica DeAngelis, Southwest Regional
Office, NMFS, (562) 980–4023.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
of Commerce (Secretary) upon request,
to allow, during periods of not more
than five consecutive years each, the
incidental, but not intentional, taking 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 and
regulations are issued.
The Secretary shall grant the
authorization for incidental taking if
NMFS finds, after notice and
opportunity for public comment, that
the total of such taking during each fiveyear (or less) period concerned, 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 if the permissible methods of taking
and requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 Code of Federal
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
30055
Regulations 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.’’
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
and on the availability of the species for
subsistence uses, paying particular
attention to rookeries, mating grounds,
and areas of similar significance. The
regulations must include requirements
for monitoring and reporting of such
taking.
Regulations governing the taking of
California sea lions and Pacific harbor
seals, by Level B harassment, incidental
to commercial fireworks displays within
the Monterey Bay National Marine
Sanctuary (MBNMS) became effective
on July 4, 2006, and remain in effect
until July 3, 2011. For detailed
information on this action, please refer
to the original Federal Register notice
(71 FR 40928, July 19, 2006). These
regulations include mitigation,
monitoring, and reporting requirements
for the incidental taking of marine
mammals during the fireworks displays
within the Sanctuary boundaries. This
will be the third LOA issued pursuant
to these regulations.
Summary of Request
On February 11, 2008, NMFS received
a request for a LOA pursuant to the
aforementioned regulations that would
authorize, for a period not to exceed 1
year, take of marine mammals
incidental to fireworks displays at the
MBNMS. Justification for conducting
fireworks displays within the MBNMS
can be found in the proposed rule (71
FR 25544, May 1, 2006) and the in final
rule (71 FR 40928, July 19, 2006).
Summary of Activity and Monitoring
Under the Current LOA
In compliance with the 2008 LOA, the
MBNMS submitted an annual report on
the fireworks displays at MBNMS. A
summary of that report follows.
For each display, observers conducted
pre-event surveys to document
abundance and distribution of local
marine mammal populations within the
fireworks areas. Following the fireworks
display, observers conducted post-event
monitoring to record the presence of
injured or dead marine mammals, and
other wildlife.
Pre-event monitoring of the Cambria
Independence Day Fireworks on July 3
found no marine mammals present at
the site and a post-event census on July
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24JNN1
30056
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices
5 found no injured or dead marine
mammals.
An observer from the Moss Landing
Marine Laboratory conducted a preevent survey on July 3 for the City of
Monterey’s Independence Day
Fireworks and enumerated 394
California sea lions, two sea otters
(Enhydra lutris), and 10 harbor seals.
Post-event monitoring on July 5
revealed no injured or dead marine
mammals.
Observers monitored the Pillar Point
Harbor area for the Half Moon Bay
Independence Day Fireworks on July 3
and recorded two harbor seals. Postevent monitoring on July 5 revealed no
injured or dead marine mammals.
The Pacific Grove Feast of Lanterns
Fireworks display consisted of
enumerating all marine mammals
within 400 meters of the fireworks
launch site (survey area). On July 25,
observers reported the presence of two
sea otters within the survey area and
more than 200 harbor seals outside of
the survey area. A post-event
monitoring survey found no injured or
dead animals.
Finally, pre-event monitoring of the
Monte Foundation Fireworks Display on
October 10 found two harbor seals and
one to two dozen California sea lions
500 yards offshore the Seacliff Beach
area. On October 12, the observers
reported that there were no injured or
dead marine mammals.
In summary, the total number of
potentially harassed California sea lions
(406) and harbor seals (14) for all
fireworks displays, was well below the
authorized limits as stated in the final
rule (71 FR 40928, July 19, 2006).
No dead or injured marine mammals
were reported for any of the events.
Hence, these monitoring results support
NMFS’ initial findings that fireworks
display will result in no more than
Level B behavioral harassment of small
numbers of California sea lions and
harbor seals and that the effects will be
limited to short term behavioral
changes, including temporary
abandonment of haul-out areas to avoid
the sights and sounds of commercial
fireworks.
Authorization
NMFS has issued an LOA to MBNMS
authorizing the Level B harassment of
marine mammals incidental to the
coastal commercial fireworks display
within the Sanctuary. Issuance of this
LOA is based on the results of the
MBNMS 2008 monitoring report which
verify that the total number of
potentially harassed sea lions and
harbor seals was well below the
authorized limits as stated in the final
VerDate Nov<24>2008
16:46 Jun 23, 2009
Jkt 217001
rule (71 FR 40928, July 19, 2006). Based
on these findings and the information
discussed in the preamble to the final
rule, the activities described under this
LOA will have a negligible impact on
marine mammal stocks and will not
have an unmitigable adverse impact on
the availability of the affected marine
mammal stock for subsistence uses. No
mortality or injury of affected species is
anticipated.
Dated: June, 19, 2009
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–14878 Filed 6–23–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Intent To Prepare an Environmental
Impact Statement on an Application for
a Department of the Army Permit
Under Section 404 of the Clean Water
Act by The Sabine Mining Company for
the Construction, Operation, and
Reclamation of the South Hallsville No.
1 Lignite Mine—Rusk Permit Area,
Rusk, Panola, and Harrison Counties,
TX
AGENCY: Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
SUMMARY: The U.S. Army Corps of
Engineers, Fort Worth District (USACE)
has received an application for a
Department of the Army permit under
Section 404 of the Clean Water Act
(CWA) from The Sabine Mining
Company (SMC) to construct, operate,
and reclaim the South Hallsville No. 1
Lignite Mine—Rusk Permit Area. In
accordance with the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.), the
USACE has determined that issuance of
such a permit may have a significant
impact on the quality of the human
environment and, therefore, requires the
preparation of an Environmental Impact
Statement (EIS).
The USACE intends to prepare an EIS
to assess the environmental, social, and
economic effects of issuance of a
Department of the Army permit under
Section 404 of the CWA for discharges
of dredged and fill material into waters
of the United States (U.S.) associated
with the construction of the proposed
surface lignite mine. In the EIS, the
USACE will assess potential impacts
associated with a range of alternatives.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
DATES: A public scoping meeting will be
held on Tuesday, July 7, 2009, from 5
p.m. to 8 p.m. The purpose of this
meeting is to disseminate information
about the proposed project and its
potential effects to the human
environment, and to seek public
comments on the scope of the proposed
project.
ADDRESSES: The public scoping meeting
will be held at the Tatum Middle
School, 410 North Hill, Tatum, Texas.
FOR FURTHER INFORMATION CONTACT: For
further information and/or questions
about the proposed action and EIS,
please contact Ms. Jennifer R. Walker,
Regulatory Permits Section Chief, by
letter at Regulatory Branch, CESWF–
PER–R, U.S. Army Corps of Engineers,
P.O. Box 17300, Fort Worth, TX 76102–
0300 or by telephone at (817) 886–1863.
SUPPLEMENTARY INFORMATION:
1. Description of the Proposed Project:
The proposed South Hallsville No. 1
Lignite Mine—Rusk Permit Area would
be located approximately 1 mile north
of the City of Tatum, Rusk County,
Texas. The approximately 20,377-acre
mine site would recover approximately
130 million tons of lignite during the
30-year life of the mine, for sole use at
the existing H.W. Pirkey Power Plant,
which is owned and operated by
American Electric Power (AEP). Overall,
the proposed project would result in
adverse impacts to approximately 300
acres of waters of the U.S., including
approximately 186 acres of wetlands, 65
acres of ponds, and approximately
349,320 linear feet of streams, including
a navigable reach of the Sabine River.
Adverse impacts would occur in
conjunction with the removal and
stockpiling of overburden and
interburden in an effort to recover
approximately 90% of the in-place
tonnage. As part of this project, several
public roads, approximately 400 gas
wells, and approximately 350 miles of
pipeline would require modification.
Other potential adverse effects
associated with this project would
include loss of forested floodplain and
upland habitats, impacts to
archeological sites, relocation of
residential dwellings and one cemetery,
and cumulative effects associated with
the operation of four surface lignite
mines within an approximately 20-mile
radius.
2. Alternatives: Alternatives available
to the USACE are to: (1) Issue the
Department of the Army permit; (2)
issue the Department of the Army
permit with special conditions; or (3)
deny the Department of the Army
permit. Alternatives available to SMC
include: (1) Construct, operate, and
E:\FR\FM\24JNN1.SGM
24JNN1
]]>Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30055-30056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14878]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XP64
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay
National Marine Sanctuary, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of issuance of a letter of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that a one-year
Letter of Authorization (LOA) has been issued to the Monterey Bay
National Marine Sanctuary (MBNMS) to incidentally take, by Level B
harassment only, California sea lions (Zalophus californianus) and
Pacific harbor seals (Phoca vitulina) incidental to professional
fireworks displays within the MBNMS.
DATES: This authorization is effective from July 4, 2009, through July
3, 2010.
ADDRESSES: The LOA and supporting documentation are available for
review in the Permits, Conservation, and Education Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910, by contacting one of the individuals listed here (FOR FURTHER
INFORMATION CONTACT), or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may
be viewed, by appointment, during regular business hours, at the
aforementioned address and at the Southwest Region, NMFS, 501 West
Ocean Boulevard, Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS, (301) 713-2289, or Monica DeAngelis, Southwest
Regional Office, NMFS, (562) 980-4023.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce (Secretary) upon request, to allow, during
periods of not more than five consecutive years each, the incidental,
but not intentional, taking 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
and regulations are issued.
The Secretary shall grant the authorization for incidental taking
if NMFS finds, after notice and opportunity for public comment, that
the total of such taking during each five-year (or less) period
concerned, 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 if the permissible
methods of taking and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
NMFS has defined ``negligible impact'' in 50 Code of Federal
Regulations 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.''
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 and on the
availability of the species for subsistence uses, paying particular
attention to rookeries, mating grounds, and areas of similar
significance. The regulations must include requirements for monitoring
and reporting of such taking.
Regulations governing the taking of California sea lions and
Pacific harbor seals, by Level B harassment, incidental to commercial
fireworks displays within the Monterey Bay National Marine Sanctuary
(MBNMS) became effective on July 4, 2006, and remain in effect until
July 3, 2011. For detailed information on this action, please refer to
the original Federal Register notice (71 FR 40928, July 19, 2006).
These regulations include mitigation, monitoring, and reporting
requirements for the incidental taking of marine mammals during the
fireworks displays within the Sanctuary boundaries. This will be the
third LOA issued pursuant to these regulations.
Summary of Request
On February 11, 2008, NMFS received a request for a LOA pursuant to
the aforementioned regulations that would authorize, for a period not
to exceed 1 year, take of marine mammals incidental to fireworks
displays at the MBNMS. Justification for conducting fireworks displays
within the MBNMS can be found in the proposed rule (71 FR 25544, May 1,
2006) and the in final rule (71 FR 40928, July 19, 2006).
Summary of Activity and Monitoring Under the Current LOA
In compliance with the 2008 LOA, the MBNMS submitted an annual
report on the fireworks displays at MBNMS. A summary of that report
follows.
For each display, observers conducted pre-event surveys to document
abundance and distribution of local marine mammal populations within
the fireworks areas. Following the fireworks display, observers
conducted post-event monitoring to record the presence of injured or
dead marine mammals, and other wildlife.
Pre-event monitoring of the Cambria Independence Day Fireworks on
July 3 found no marine mammals present at the site and a post-event
census on July
[[Page 30056]]
5 found no injured or dead marine mammals.
An observer from the Moss Landing Marine Laboratory conducted a
pre-event survey on July 3 for the City of Monterey's Independence Day
Fireworks and enumerated 394 California sea lions, two sea otters
(Enhydra lutris), and 10 harbor seals. Post-event monitoring on July 5
revealed no injured or dead marine mammals.
Observers monitored the Pillar Point Harbor area for the Half Moon
Bay Independence Day Fireworks on July 3 and recorded two harbor seals.
Post-event monitoring on July 5 revealed no injured or dead marine
mammals.
The Pacific Grove Feast of Lanterns Fireworks display consisted of
enumerating all marine mammals within 400 meters of the fireworks
launch site (survey area). On July 25, observers reported the presence
of two sea otters within the survey area and more than 200 harbor seals
outside of the survey area. A post-event monitoring survey found no
injured or dead animals.
Finally, pre-event monitoring of the Monte Foundation Fireworks
Display on October 10 found two harbor seals and one to two dozen
California sea lions 500 yards offshore the Seacliff Beach area. On
October 12, the observers reported that there were no injured or dead
marine mammals.
In summary, the total number of potentially harassed California sea
lions (406) and harbor seals (14) for all fireworks displays, was well
below the authorized limits as stated in the final rule (71 FR 40928,
July 19, 2006).
No dead or injured marine mammals were reported for any of the
events. Hence, these monitoring results support NMFS' initial findings
that fireworks display will result in no more than Level B behavioral
harassment of small numbers of California sea lions and harbor seals
and that the effects will be limited to short term behavioral changes,
including temporary abandonment of haul-out areas to avoid the sights
and sounds of commercial fireworks.
Authorization
NMFS has issued an LOA to MBNMS authorizing the Level B harassment
of marine mammals incidental to the coastal commercial fireworks
display within the Sanctuary. Issuance of this LOA is based on the
results of the MBNMS 2008 monitoring report which verify that the total
number of potentially harassed sea lions and harbor seals was well
below the authorized limits as stated in the final rule (71 FR 40928,
July 19, 2006). Based on these findings and the information discussed
in the preamble to the final rule, the activities described under this
LOA will have a negligible impact on marine mammal stocks and will not
have an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses. No mortality or injury of
affected species is anticipated.
Dated: June, 19, 2009
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E9-14878 Filed 6-23-09; 8:45 am]
BILLING CODE 3510-22-S
