Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 39485-39486 [2012-16148]
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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Notices
include, but are not limited to, number
of anticipated injuries or mortalities
(none of which would be authorized
here), number, nature, intensity, and
duration of Level B harassment, and the
context in which takes occur.
Marine mammals would not be
exposed to activities or sound levels
which would result in injury (PTS),
serious injury, or mortality. Pile driving
would occur in shallow coastal waters
of Port Townsend Bay. The action area
(waters around the ferry terminal) is not
considered significant feeding or
reproductive habitat for pinnipeds. The
closest haul-out is 3 km away, which is
outside the project area’s largest
harassment zone for airborne noise. Any
marine mammals—most likely
pinnipeds—approaching the action area
would likely be traveling or
opportunistically foraging. The amount
of take WSF requested for each species,
and NMFS proposes to authorize, is
considered small (less than five percent)
relative to the estimated populations or
stocks of 14,612 Pacific harbor seals,
238,000 California sea lions, 101,000
northern elephant seals, 48,500 Steller
sea lions, 10,632 harbor porpoises,
57,000 Dall’s porpoises, 25,233 Pacific
white-sided dolphins, 20,000 gray
whales, 1,100 humpback whales, and
1,000 minke whales. The request of up
to 30 takes of killer whales by Level B
harassment represents a larger
percentage of the local killer whale
population; this number was estimated
because Southern Resident killer whales
travel in large groups. Although killer
whales are unlikely to occur in the
vicinity of the ferry terminal during pile
driving, if they were to appear, it may
be as a full group or pod, which
necessitates the need for a larger
number of takes requested. Marine
mammals may be temporarily impacted
by pile driving noise. However, marine
mammals are expected to avoid the area
to some degree, thereby potentially
reducing exposure and impacts. Pile
driving activities are expected to occur
for approximately 4 weeks. Although
marine mammal prey species may be
affected by pile driving activities, any
impacts would be short in duration and
limited to the immediate vicinity of the
ferry terminal. NMFS expect that any
fish that exhibit behavioral responses
(i.e., avoidance) while in-water
construction activities occur would
resume normal behavior following the
cessation of the activity. Furthermore,
Puget Sound is a highly populated and
industrialized area, so animals are likely
tolerant or habituated to anthropogenic
disturbance, including low level
vibratory pile driving operations, and
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noise from other anthropogenic sources
(such as vessels) may mask construction
related sounds. There are no known
areas within Port Townsend Bay where
any of these species concentrate
specifically for breeding or feeding.
Based on all the information considered,
there is no anticipated effect on annual
rates of recruitment or survival of
affected marine mammals.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS preliminarily determines that the
proposed pile removal and installation
would result in the incidental take of
small numbers of marine mammals, by
Level B harassment only, and that the
total taking would have a negligible
impact on the affected species or stocks.
Impact on Availability of Affected
Species for Taking for Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Endangered Species Act (ESA)
The Southern Resident killer whale is
listed as endangered under the ESA and
the eastern stock of Steller sea lion is
listed as threatened. Both species may
occur within the action area. NMFS is
in the process of consulting internally
on the issuance of an IHA under section
101(a)(5)(A) of the MMPA for the takes
of Southern Resident killer whales and
Steller sea lions incidental to the
proposed activity. ESA consultation will
be concluded prior to a determination
on the issuance of a final IHA.
National Environmental Policy Act
(NEPA)
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), and NOAA
Administrative Order 216–6, NMFS is
preparing an Environmental Assessment
(EA) to consider the direct, indirect, and
cumulative effects to marine mammals
and other applicable environmental
resources resulting from issuance of a
one-year IHA and the potential issuance
of additional authorizations for
incidental harassment for the ongoing
project. Upon completion, this EA will
be available on the NMFS Web site
listed in the beginning of this document.
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39485
Dated: June 27, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–16302 Filed 7–2–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC063
Incidental Taking of Marine Mammals;
Taking of Marine Mammals Incidental
to the Explosive Removal of Offshore
Structures in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of a Letter of
Authorization (LOA).
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notification is hereby given that NMFS
has issued a one-year LOA to take
marine mammals incidental to the
explosive removal of offshore oil and
gas structures (EROS) in the Gulf of
Mexico.
DATES: This authorization is effective
from July 1, 2012 through June 30, 2013.
ADDRESSES: The application and LOAs
are available for review by writing to
Tammy Adams, Acting Chief, Permits
and Conservation 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 Jolie Harrison,
Office of Protected Resources, NMFS,
301–427–8401.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of
Commerce (who has delegated the
authority to 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 and
SUMMARY:
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39486
Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
regulations are issued. Under the
MMPA, the term ‘‘take’’ means to
harass, hunt, capture, or kill or to
attempt to harass, hunt, capture, or kill
any marine mammal.
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 notice and
opportunity for public comment, that
the total taking over the five-year period
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 (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 of
marine mammals incidental to EROS
were published on June 19, 2008 (73 FR
34875), 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), shortfinned pilot whales (Globicephala
macrorhynchus), and sperm whales
(Physeter macrocephalus). NMFS
received requests for a LOA from
ExxonMobil Production Company
(ExxonMobil) for activities covered by
EROS regulations.
Reporting
ExxonMobil has not used explosives
for any rig structure removal operations
under the 2011 to 2012 LOA.
Pursuant to these regulations, NMFS
has issued an LOA to ExxonMobil.
Issuance of the LOA is based on a
finding made in the preamble to the
final rule that the total taking over the
five-year period (with monitoring,
mitigation, and reporting measures) will
have a negligible impact on the affected
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species or stock(s) of marine mammals
and will not have an unmitigable
adverse impact on subsistence uses.
NMFS will review reports to ensure that
the applicant is in compliance with
meeting the requirements contained in
the implementing regulations and LOA,
including monitoring, mitigation, and
reporting requirements.
Dated: June 25, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–16148 Filed 7–2–12; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Agency Information Collection
Activities; Proposed Information
Collection; Comment Request
Submission for OMB Review;
Comment Request.
ACTION:
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
SUMMARY: The Committee is submitting
to the Office of Management and Budget
for their review the following collection
as required by the Paperwork Reduction
Act (44 U.S.C. Chapter 35).
Committee Form 403—Annual
Certification—Qualified Nonprofit
Agency Serving People Who Are Blind.
Committee From 404—Annual
Certification—Qualified Nonprofit
Agency Serving People Who Are
Severely Disabled.
DATES: Interested persons are invited to
submit comments about the collection
on or before July 28, 2009. The agency’s
60-day notice informing the public of
the intent to renew this form with no
changes was published in the Federal
Register on March 7, 2012 on page
13563–13564.
ADDRESSES: Comments may be
submitted, identified by the title of the
information collection activity, to the
Office of Information and Regulatory
Affairs, Attn: Ms. Jasmeet K. Seehra,
OMB Desk Officer, by any of the
following two methods within 30 days
from the date of publication in the
Federal Register: (1) By fax to: (202)
395–6974, Attention: Ms. Jasmeet K.
Seehra, OMB Desk Office; and (2)
Electronically by email to:
Jasmeet_K._Seehra@omb.eop.gov.
Requests for copies of documents
pertaining to the collection should be
addressed to Committee for Purchase
From People Who Are Blind or Severely
AGENCY:
PO 00000
Frm 00024
Fmt 4703
Sfmt 9990
Disabled, Attention: Louis Bartalot,
Director of Compliance, Jefferson Plaza
2, Suite 10800, 1421 Jefferson Davis
Highway Arlington, VA 22202–3259 or
emailed to lbartalot@abilityone.gov.
The
Committee has two annual certification
forms, one for nonprofit agencies
serving people who are blind
(Committee Form 403, OMB Control
Number 3037–0001) and one for
nonprofit agencies primarily serving
people who have other severe
disabilities (Committee Form 404, OMB
Control Number 3037–0002). The
information included on the forms is
required to ensure that nonprofit
agencies that participate in the
Committee’s program meet the
requirements of the Javits-WagnerO’Day Act (JWOD), 41 U.S.C. 8105–
8506. No comments were received in
response to the agency’s 60-day notice
informing the public of the intent to
renew this form with minor changes,
which was published in the Federal
Register on March 7, 2012 on page
13563–13564.
Title: Annual Certification—Qualified
Nonprofit Agency Serving People Who
Are Blind, Committee Form 403.
OMB Number: 3037–0001.
Agency Number: 3037.
Frequency: Annually.
Affected Public: Nonprofit agencies
serving people who are blind that
participate in the AbilityOne Program.
Number of Respondents: 70.
Estimated Time per Respondent: 6
hours.
Total Burden Hours: 420.
Total Annual Costs: $12,600.
Title: Annual Certification—Qualified
Nonprofit Agency Serving People Who
Are Severely Disabled, Committee
Form 404.
OMB Number: 3037–0002.
Agency Number: 3037.
Frequency: Annually.
Affected Public: Nonprofit agencies
serving people with severe disabilities
that participate in the AbilityOne
Program.
Number of Respondents: 538.
Estimated Time per Respondent: 6
hours.
Total Burden Hours: 3,228.
Total Annual costs: $96,840.
SUPPLEMENTARY INFORMATION:
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2012–16192 Filed 7–2–12; 8:45 am]
BILLING CODE 6353–01–P
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]]>Agencies
[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39485-39486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16148]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC063
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 a Letter of Authorization (LOA).
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that NMFS has
issued a one-year LOA to take marine mammals incidental to the
explosive removal of offshore oil and gas structures (EROS) in the Gulf
of Mexico.
DATES: This authorization is effective from July 1, 2012 through June
30, 2013.
ADDRESSES: The application and LOAs are available for review by writing
to Tammy Adams, Acting Chief, Permits and Conservation 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 Jolie Harrison,
Office of Protected Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of Commerce (who has delegated the
authority to 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 and
[[Page 39486]]
regulations are issued. Under the MMPA, the term ``take'' means to
harass, hunt, capture, or kill or to attempt to harass, hunt, capture,
or kill any marine mammal.
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 notice and opportunity for public comment, that the total taking
over the five-year period 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
(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 of marine mammals incidental to
EROS were published on June 19, 2008 (73 FR 34875), 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). NMFS received requests for a LOA from ExxonMobil
Production Company (ExxonMobil) for activities covered by EROS
regulations.
Reporting
ExxonMobil has not used explosives for any rig structure removal
operations under the 2011 to 2012 LOA.
Pursuant to these regulations, NMFS has issued an LOA to
ExxonMobil. Issuance of the LOA is based on a finding made in the
preamble to the final rule that the total taking over the five-year
period (with monitoring, mitigation, and reporting measures) will have
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 will review reports to ensure that the applicant is in
compliance with meeting the requirements contained in the implementing
regulations and LOA, including monitoring, mitigation, and reporting
requirements.
Dated: June 25, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-16148 Filed 7-2-12; 8:45 am]
BILLING CODE 3510-22-P
