Taking and Importing Marine Mammals; Taking of Marine Mammals Incidental to Conducting Precision Strike Weapons Testing and Training by Eglin Air Force Base in the Gulf of Mexico, 7548-7549 [2011-2980]
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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
identified 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.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA205
New England Fishery Management
Council; Public Meeting
Special Accommodations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scallop Committee in March 2011 to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). Recommendations from this
group will be brought to the full Council
for formal consideration and action, if
appropriate.
SUMMARY:
This meeting will be held on
Tuesday, March 1, 2011, at 9 a.m.
ADDRESSES: This meeting will be held at
the Hilton Garden Inn, One Thurber
Street, Warwick, RI 02886; telephone:
(401) 734–9600; fax: (401) 734–9700.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The
Committee will begin developing
alternatives for Framework 23 to the
Scallop Fishery Management Plan
(FMP). Framework 23 is considering
alternatives to potentially require a
turtle excluder dredge, revise the
yellowtail flounder accountability
measures (AMs) proposed in
Amendment 15, and possibly modify
the limited access general category
management program for the Northern
Gulf of Maine (NGOM) area. The action
may also include measures to develop
alternatives to modify the current vessel
monitoring system (VMS) regulations to
improve scallop fleet operations (e.g.
how days-at-sea are charged and how a
vessel declares into the fishery). The
Committee may discuss other business
at this meeting.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during this meeting. Actions will
be restricted to those issues specifically
jdjones on DSK8KYBLC1PROD with NOTICES
DATES:
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15:10 Feb 09, 2011
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This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard, Executive Director, at (978)
465–0492, at least 5 days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 4, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–2929 Filed 2–9–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA149
Taking and Importing Marine
Mammals; Taking of Marine Mammals
Incidental to Conducting Precision
Strike Weapons Testing and Training
by Eglin Air Force Base in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a Letter of
Authorization.
AGENCY:
In accordance with provisions
of the Marine Mammal Protection Act
(MMPA), as amended, notification is
hereby given that a Letter of
Authorization (LOA) to take four species
of marine mammals incidental to testing
and training during Precision Strike
Weapons (PSW) testing and training in
the Gulf of Mexico (GOM), a military
readiness activity, has been issued to
Eglin Air Force Base (AFB).
DATES: This authorization is effective
from April 1, 2011, through December
27, 2011.
ADDRESSES: The application and LOA
are available for review in the Permits,
Conservation, and Education Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring,
MD 20910, or by contacting the
individuals listed in FOR FURTHER
INFORMATION CONTACT.
SUMMARY:
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, NMFS, 301–713–
2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs NMFS to
allow, upon request, the incidental, but
not intentional, taking of small numbers
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 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. The National Defense
Authorization Act of 2004 (Pub. L. 108–
136) removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations and amended the definition
of ‘‘harassment’’ as it applies to a
‘‘military readiness activity’’ to read as
follows (Section 3(18)(B) of the MMPA):
(i) Any act that injures or has the
significant potential to injure a marine
mammal or marine mammal stock in the wild
[Level A Harassment]; or (ii) Any act that
disturbs or is likely to disturb a marine
mammal or marine mammal stock in the wild
by causing disruption of natural behavioral
patterns, including, but not limited to,
migration, surfacing, nursing, breeding,
feeding, or sheltering, to a point where such
behavioral patterns are abandoned or
significantly altered [Level B Harassment].
Authorization, in the form of annual
LOAs, may be granted for periods of up
to 5 years if NMFS finds, after
notification 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 of 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 pertaining to the
monitoring and reporting of such taking.
Regulations governing the taking of
marine mammals incidental to PSW
testing and training within the Eglin
Gulf Test and Training Range (EGTTR)
in the GOM were published on
November 24, 2006 (71 FR 67810), and
remain in effect from December 26,
2006, through December 27, 2011. The
E:\FR\FM\10FEN1.SGM
10FEN1
jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
species that Eglin AFB may take during
PSW testing and training are Atlantic
bottlenose (Tursiops truncatus) and
Atlantic spotted dolphins (Stenella
frontalis) and dwarf (Kogia simus) and
pygmy (Kogia breviceps) sperm whales.
Issuance of the annual LOA to Eglin
AFB is based on findings made in the
preamble to the final rule that the total
takings by this project would result in
no more than a negligible impact on the
affected marine mammal stocks or
habitats and would not have an
unmitigable adverse impact on
subsistence uses of marine mammals.
NMFS also finds that the applicant will
meet the requirements contained in the
implementing regulations and LOA,
including monitoring and reporting
requirements. Without any mitigation
measures, a small possibility exists for
one bottlenose dolphin and one spotted
dolphin to be exposed to blast levels
from the PSW testing sufficient to cause
mortality. Additionally, less than two
cetaceans might be exposed to noise
levels sufficient to induce Level A
harassment (injury) annually, and as
few as 31 or as many as 53 cetaceans
(depending on the season and water
depth) could potentially be exposed
(annually) to noise levels sufficient to
induce Level B harassment in the form
of a temporary loss of hearing sensitivity
(also referred to as a temporary
threshold shift).
While none of these impact estimates
consider the proposed mitigation
measures that will be employed by Eglin
AFB to minimize potential impacts to
protected species, NMFS has authorized
Eglin AFB a total of one mortality, two
takes by Level A harassment, and 53
takes by Level B harassment (TTS)
annually. However, the proposed
mitigation measures described in the
final rule (71 FR 67810, November 24,
2006) and the LOA are anticipated to
both reduce the number of marine
mammal takes and lessen the severity of
the effects of the takes. These measures
include a conservative safety range for
marine mammal exclusion;
incorporation of aerial and shipboard
survey monitoring efforts in the program
both prior to and after detonation of
explosives; and a prohibition on
detonations whenever marine mammals
are detected within the safety zone, may
enter the safety zone at the time of
detonation, or if weather and sea
conditions preclude adequate aerial
surveillance.
Summary of Request
On December 16, 2010, NMFS
received a request for an LOA renewal
pursuant to the aforementioned
regulations that would authorize, for a
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15:10 Feb 09, 2011
Jkt 223001
period not to exceed 1 year, take of
marine mammals, by harassment,
incidental to PSW testing and training
in the GOM.
Summary of Activity and Monitoring
Conducted During 2010
No PSW tests were conducted during
calendar year 2010 and there are no
planned activities between now and
March 31, 2011, at which time the
current LOA expires.
Authorization
The U.S. Air Force complied with the
requirements of the 2010 LOA, and
NMFS has determined that there was no
take of marine mammals by the U.S. Air
Force in 2010. Accordingly, NMFS has
issued a LOA to Eglin AFB authorizing
the take of marine mammals, by
harassment, incidental to PSW testing
and training in the EGTTR in the GOM.
Issuance of this LOA is based on
findings described in the preamble to
the final rule (71 FR 67810, November
24, 2006) and supported by information
contained in Eglin’s December 2010
request for a new LOA that the activities
described under this LOA will not result
in more than the incidental harassment
of certain marine mammal species and
will have a negligible impact on the
affected species or stocks. The provision
requiring that the activities not have an
unmitigable adverse impact on the
availability of the affected species or
stock for subsistence uses does not
apply for this action.
Dated: February 4, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–2980 Filed 2–9–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF EDUCATION
Notice of Submission for OMB Review
Department of Education.
Comment Request.
AGENCY:
ACTION:
The Director, Information
Collection Clearance Division,
Regulatory Information Management
Services, Office of Management invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995 (Pub. L. 104–13).
DATES: Interested persons are invited to
submit comments on or before March
14, 2011.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
SUMMARY:
PO 00000
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Fmt 4703
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7549
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503, be faxed to (202) 395–5806 or
e-mailed to
oira_submission@omb.eop.gov with a
cc: to ICDocketMgr@ed.gov. Please note
that written comments received in
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considered public records.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. The OMB is
particularly interested in comments
which: (1) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
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of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Dated: February 4, 2011.
Darrin A. King,
Director, Information Collection Clearance
Division, Regulatory Information
Management Services, Office of Management.
Office of Innovation and Improvement
Type of Review: New.
Title of Collection: Charter School
Authorizer Annual Update.
OMB Control Number: Pending.
Agency Form Number(s): N/A.
Frequency of Responses: Annually.
Affected Public: Not-for-profit
institutions; State, Local, and Tribal
Government.
Total Estimated Number of Annual
Responses: 900.
Total Estimated Annual Burden
Hours: 2,025.
Abstract: The U.S. Department of
Education has as one of its important
policy goals expanding the number of
high-quality public school choice
options. Specifically, according to Part
B section 5201 of the Elementary and
Secondary Education Act, two of the
established purposes of the Charter
School Program office are: Evaluating
the effects of charter schools, including
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7548-7549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2980]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA149
Taking and Importing Marine Mammals; Taking of Marine Mammals
Incidental to Conducting Precision Strike Weapons Testing and Training
by Eglin Air Force Base in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA), as amended, notification is hereby given that a Letter of
Authorization (LOA) to take four species of marine mammals incidental
to testing and training during Precision Strike Weapons (PSW) testing
and training in the Gulf of Mexico (GOM), a military readiness
activity, has been issued to Eglin Air Force Base (AFB).
DATES: This authorization is effective from April 1, 2011, through
December 27, 2011.
ADDRESSES: The application and LOA are available for review in the
Permits, Conservation, and Education Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or by
contacting the individuals listed in FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, NMFS, 301-713-
2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
NMFS to allow, upon request, the incidental, but not intentional,
taking of small numbers 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 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. The National Defense Authorization Act of 2004
(Pub. L. 108-136) removed the ``small numbers'' and ``specified
geographical region'' limitations and amended the definition of
``harassment'' as it applies to a ``military readiness activity'' to
read as follows (Section 3(18)(B) of the MMPA):
(i) Any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild [Level A
Harassment]; or (ii) Any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral patterns are abandoned
or significantly altered [Level B Harassment].
Authorization, in the form of annual LOAs, may be granted for
periods of up to 5 years if NMFS finds, after notification 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 of 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 pertaining to the monitoring and reporting of such
taking. Regulations governing the taking of marine mammals incidental
to PSW testing and training within the Eglin Gulf Test and Training
Range (EGTTR) in the GOM were published on November 24, 2006 (71 FR
67810), and remain in effect from December 26, 2006, through December
27, 2011. The
[[Page 7549]]
species that Eglin AFB may take during PSW testing and training are
Atlantic bottlenose (Tursiops truncatus) and Atlantic spotted dolphins
(Stenella frontalis) and dwarf (Kogia simus) and pygmy (Kogia
breviceps) sperm whales.
Issuance of the annual LOA to Eglin AFB is based on findings made
in the preamble to the final rule that the total takings by this
project would result in no more than a negligible impact on the
affected marine mammal stocks or habitats and would not have an
unmitigable adverse impact on subsistence uses of marine mammals. NMFS
also finds that the applicant will meet the requirements contained in
the implementing regulations and LOA, including monitoring and
reporting requirements. Without any mitigation measures, a small
possibility exists for one bottlenose dolphin and one spotted dolphin
to be exposed to blast levels from the PSW testing sufficient to cause
mortality. Additionally, less than two cetaceans might be exposed to
noise levels sufficient to induce Level A harassment (injury) annually,
and as few as 31 or as many as 53 cetaceans (depending on the season
and water depth) could potentially be exposed (annually) to noise
levels sufficient to induce Level B harassment in the form of a
temporary loss of hearing sensitivity (also referred to as a temporary
threshold shift).
While none of these impact estimates consider the proposed
mitigation measures that will be employed by Eglin AFB to minimize
potential impacts to protected species, NMFS has authorized Eglin AFB a
total of one mortality, two takes by Level A harassment, and 53 takes
by Level B harassment (TTS) annually. However, the proposed mitigation
measures described in the final rule (71 FR 67810, November 24, 2006)
and the LOA are anticipated to both reduce the number of marine mammal
takes and lessen the severity of the effects of the takes. These
measures include a conservative safety range for marine mammal
exclusion; incorporation of aerial and shipboard survey monitoring
efforts in the program both prior to and after detonation of
explosives; and a prohibition on detonations whenever marine mammals
are detected within the safety zone, may enter the safety zone at the
time of detonation, or if weather and sea conditions preclude adequate
aerial surveillance.
Summary of Request
On December 16, 2010, NMFS received a request for an LOA renewal
pursuant to the aforementioned regulations that would authorize, for a
period not to exceed 1 year, take of marine mammals, by harassment,
incidental to PSW testing and training in the GOM.
Summary of Activity and Monitoring Conducted During 2010
No PSW tests were conducted during calendar year 2010 and there are
no planned activities between now and March 31, 2011, at which time the
current LOA expires.
Authorization
The U.S. Air Force complied with the requirements of the 2010 LOA,
and NMFS has determined that there was no take of marine mammals by the
U.S. Air Force in 2010. Accordingly, NMFS has issued a LOA to Eglin AFB
authorizing the take of marine mammals, by harassment, incidental to
PSW testing and training in the EGTTR in the GOM. Issuance of this LOA
is based on findings described in the preamble to the final rule (71 FR
67810, November 24, 2006) and supported by information contained in
Eglin's December 2010 request for a new LOA that the activities
described under this LOA will not result in more than the incidental
harassment of certain marine mammal species and will have a negligible
impact on the affected species or stocks. The provision requiring that
the activities not have an unmitigable adverse impact on the
availability of the affected species or stock for subsistence uses does
not apply for this action.
Dated: February 4, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-2980 Filed 2-9-11; 8:45 am]
BILLING CODE 3510-22-P
