Marine Mammals; File No. 15471-01, 49736-49737 [2011-20458]

Download as PDF 49736 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices National Marine Fisheries Services, Salmon Management Division, 7600 Sand Point Way NE., Seattle, WA 98115. The documents are also available on the Internet at http://www.nwr.noaa.gov. Comments received will also be available for public inspection, by appointment, during normal business hours by calling (503) 230–5418. FOR FURTHER INFORMATION CONTACT: ˜ Enrique Patino at (206) 526–4655 or e-mail: enrique.patino@noaa.gov. SUPPLEMENTARY INFORMATION: Species Covered in This Notice Chinook salmon (Oncorhynchus tshawytscha): Threatened, naturally produced and artificially propagated Snake River Spring/Summer-run. Steelhead (O. mykiss): Threatened, naturally produced and artificially propagated Snake River Basin. srobinson on DSK4SPTVN1PROD with NOTICES Background On June 7, 2011, NMFS received a final revised TRMP from the SBT, addressing management of SBT fisheries in the Grande Ronde and Imnaha Rivers. On June 8, 2011, NMFS received a final revised TRMP from the CTUIR, addressing management of CTUIR fisheries in the Grande Ronde and Imnaha Rivers. On June 14, 2011, NMFS received two final revised FMEPs from the ODFW, one describing statemanaged recreational fisheries in the Grande Ronde River and one describing state-managed fisheries in the Imnaha River. The FMEPs and TRMPs include adaptive management measures to limit ESA impacts and propose conservative harvest regimes on the affected listed species. The FMEPs and TRMPs describe monitoring programs that would be in place to ensure that the implementation of the fisheries is as intended, and that assumptions regarding the effects of the fisheries, particularly in application of the proposed ESA take limits, continue to remain valid. The FMEPs and TRMPs propose to manage all spring/summer Chinook salmon fisheries to achieve escapement objectives. The FMEPs and TRMPs utilize a harvest rate with five tiers based on predicted adult abundance to each of the affected populations. The majority of the harvest is anticipated to come from hatchery-origin stocks. The FMEPs and TRMPs also describe a process to guide coordination of fishery design and implementation between the agencies implementing fisheries in the action area. As required by the ESA 4(d) Rule for Tribal Plans (65 FR 42481, July 10, 2000 [50 CFR 223.209]), the Secretary must VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 determine pursuant to 50 CFR 223.209 and pursuant to the government-togovernment processes therein whether the TRMPs for fisheries in Northeast Oregon would appreciably reduce the likelihood of survival and recovery of Snake River spring/summer and Snake River Basin steelhead. The Secretary must take comments on his pending determination as to whether the TRMPs address the criteria in the Tribal 4(d) Rule and in § 223.203(b)(4). As specified in § 223.203(b)(4) of the ESA 4(d) Rule, NMFS may approve an FMEP if it meets criteria set forth in § 223.203(b)(4)(i)(A) through (I). Prior to final approval of an FMEP, NMFS must publish notification announcing its availability for public review and comment. NEPA requires Federal agencies to conduct an environmental analysis of their proposed actions to determine if the actions may affect the human environment. NMFS expects to take action on two ESA section 4(d) TRMPs and two ESA section 4(d) FMEPs. Therefore, NMFS is seeking public input on the scope of the required NEPA analysis, including the range of reasonable alternatives and associated impacts of any alternatives. The final NEPA, TRMP, and FMEP determinations will not be completed until after the end of the 30-day comment period and will fully consider all public comments received during the comment period. NMFS will publish a record of its final action on the TRMPs in the Federal Register. Authority Under section 4 of the ESA, NMFS, by delegated authority from the Secretary of Commerce, is required to adopt such regulations as he deems necessary and advisable for the conservation of the species listed as threatened. The ESA salmon and steelhead 4(d) Rule (65 FR 42422, July 10, 2000) specifies categories of activities that contribute to the conservation of listed salmonids and sets out the criteria for such activities. Limit 4 of the updated 4(d) rule (50 CFR 223.203(b)(4)) further provides that the prohibitions of paragraph (a) of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities associated with fishery harvest provided that an FMEP has been approved by NMFS to be in accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 37160, June 28, 2005). The ESA Tribal 4(d) Rule (65 FR 42481, July 10, 2000) states that the ESA section 9 take prohibitions will not apply to TRMPs that will not appreciably reduce the likelihood of PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 survival and recovery for the listed species. Dated: August 5, 2011. Therese Conant, Acting Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2011–20460 Filed 8–10–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA629 Marine Mammals; File No. 15471–01 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that Michael Adkesson, D.V.M., Chicago Zoological Society, 3300 Golf Rd., Brookfield, Illinois 60527, has applied for an amendment to Scientific Research Permit No. 15471. DATES: Written, telefaxed, or e-mail comments must be received on or before September 12, 2011. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 15471–01 from the list of available applications. These documents are also available upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376; and Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 01930; phone (978) 281–9328; fax (978) 281– 9394. Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include File No. 15471–01 in the subject line of the e-mail comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and SUMMARY: E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: RIN 0648–XA430 Laura Morse or Jennifer Skidmore, (301) 427–8401. The subject amendment to Permit No. 15471 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Permit No. 15471 (issued on August 23, 2010; 75 FR 52721), authorizes the permit holder to import biological samples taken for scientific research from South American fur seals (Arctocephalus australis). Unlimited samples from up to 200 salvaged carcasses and live female and pup South American fur seals may be received, imported, or exported annually. No live animals can be harassed or taken, lethally or otherwise, under the permit. The permit expires on August 31, 2015. The permit holder is requesting the permit be amended to increase the total number of individuals and include samples from male South American fur seals. In addition, the permit holder is requesting to add adult and pup South American sea lions (Otaria flavescens) from which unlimited samples could be received, imported, or exported. No live animals would be harassed or taken, lethally or otherwise, under the requested amendment. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. srobinson on DSK4SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Dated: August 5, 2011. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2011–20458 Filed 8–10–11; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the CentralWestern Bering Sea, August 2011 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental take authorization (ITA). AGENCY: In accordance with the Marine Mammal Protection Act (MMPA) regulation, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the U.S. Geological Survey (USGS) to take marine mammals, by Level B harassment, incidental to conducting a marine geophysical survey in the central-western Bering Sea, August 2011. DATES: Effective August 7 through October 1, 2011. ADDRESSES: A copy of the IHA and application are available 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 or by telephoning the contacts listed here. A copy of the application containing a list of the references used in this document may be obtained by writing to the above address, telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT) or visiting the Internet at: http://www.nmfs.noaa.gov/ pr/permits/incidental.htm#applications. The following associated documents are also available at the same Internet address: Environmental Assessment (EA), prepared by USGS. The NMFS Biological Opinion will be available online at: http://www.nmfs.noaa.gov/pr/ consultation/opinions.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, 301–427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs the Secretary of Commerce (Secretary) to authorize, upon request, the incidental, but not intentional, taking of small PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 49737 numbers of marine mammals of a species or population stock, 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, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization for the incidental taking of small numbers of marine mammals shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). The authorization must set forth the permissible methods of taking, other means of effecting the least practicable adverse impact on the species or stock and its habitat, and requirements pertaining to the mitigation, monitoring and reporting of such takings. NMFS has defined ‘‘negligible impact’’ in 50 CFR 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.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for NMFS’s review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the public comment period, NMFS must either issue or deny the authorization. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. 16 U.S.C. 1362(18) Summary of Request NMFS received an application on April 8, 2011, from USGS for the taking by harassment, of marine mammals, incidental to conducting a marine geophysical survey in the central- E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49736-49737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20458]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA629


Marine Mammals; File No. 15471-01

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for permit amendment.

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SUMMARY: Notice is hereby given that Michael Adkesson, D.V.M., Chicago 
Zoological Society, 3300 Golf Rd., Brookfield, Illinois 60527, has 
applied for an amendment to Scientific Research Permit No. 15471.

DATES: Written, telefaxed, or e-mail comments must be received on or 
before September 12, 2011.

ADDRESSES: The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
Features box on the Applications and Permits for Protected Species home 
page, https://apps.nmfs.noaa.gov, and then selecting File No. 15471-01 
from the list of available applications.
    These documents are also available upon written request or by 
appointment in the following office(s):
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301) 427-8401; fax (301) 713-0376; and
    Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 
01930; phone (978) 281-9328; fax (978) 281-9394.
    Written comments on this application should be submitted to the 
Chief, Permits, Conservation and Education Division, at the address 
listed above. Comments may also be submitted by facsimile to (301) 713-
0376, or by e-mail to NMFS.Pr1Comments@noaa.gov. Please include File 
No. 15471-01 in the subject line of the e-mail comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits, Conservation and

[[Page 49737]]

Education Division at the address listed above. The request should set 
forth the specific reasons why a hearing on this application would be 
appropriate.

FOR FURTHER INFORMATION CONTACT: Laura Morse or Jennifer Skidmore, 
(301) 427-8401.

SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 15471 is 
requested under the authority of the Marine Mammal Protection Act of 
1972, as amended (16 U.S.C. 1361 et seq.), and the regulations 
governing the taking and importing of marine mammals (50 CFR part 216).
    Permit No. 15471 (issued on August 23, 2010; 75 FR 52721), 
authorizes the permit holder to import biological samples taken for 
scientific research from South American fur seals (Arctocephalus 
australis). Unlimited samples from up to 200 salvaged carcasses and 
live female and pup South American fur seals may be received, imported, 
or exported annually. No live animals can be harassed or taken, 
lethally or otherwise, under the permit. The permit expires on August 
31, 2015.
    The permit holder is requesting the permit be amended to increase 
the total number of individuals and include samples from male South 
American fur seals. In addition, the permit holder is requesting to add 
adult and pup South American sea lions (Otaria flavescens) from which 
unlimited samples could be received, imported, or exported. No live 
animals would be harassed or taken, lethally or otherwise, under the 
requested amendment.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: August 5, 2011.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2011-20458 Filed 8-10-11; 8:45 am]
BILLING CODE 3510-22-P