Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Hydrographic Surveys, 1205-1206 [2013-00135]

Download as PDF Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices complex, and Suisun Marsh. The primary objectives to which ESA-listed salmonids and SDPS green sturgeon may be taken by Dr. Moyle are to determine the extent that native fishes use intertidal and subtidal shallow water and marsh (SWM) habitats in the northern arc of the SFE and to understand how fishes commonly inhabiting Suisun Marsh use the Sacramento River corridor to access SWM habitats that are not currently surveyed in Sherman Lake, Cache Slough and Lindsey Slough. Further, Dr. Moyle will model fish abundance and assembly using biophysical habitat data (including slough geomorphology, hydrology, and water quality) to guide restoration projects that will successfully support native fishes and discourage aliens. Permit 17077 authorizes non-lethal take and low levels (not to exceed 20 percent, equivalent to one fish) of unintentional lethal take of adult and juvenile ESA-listed salmonids and both adult and juvenile SDPS green sturgeon. Permit 17077 does not authorize any intentional lethal take of ESA-listed salmonids or SDPS green sturgeon. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC359 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. AGENCY: NMFS’ Office of Protected Resources has received a request from the NOAA Office of Coast Survey (OCS) for authorization to take small numbers of marine mammals incidental to conducting hydrographic surveys, over the course of 5 years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of OCS’s request under the MMPA for the development and implementation of regulations srobinson on DSK4SPTVN1PROD with 19:11 Jan 07, 2013 Jkt 229001 Availability An electronic copy of OCS’s application may be obtained by visiting the Internet at: https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. Background Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Hydrographic Surveys VerDate Mar<15>2010 Comments on the application should be addressed to P. Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910– 3225. The mailbox address for providing email comments is ITP.Laws@noaa.gov. We are not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: ADDRESSES: The OCS released a draft Environmental Assessment, prepared pursuant to requirements of the National Environmental Policy Act, for the conduct of their hydrographic surveys on June 20, 2012. A copy of the draft EA which would also support our proposed rulemaking under the MMPA, is also available at https:// www.nauticalcharts.noaa.gov/Legal/. [FR Doc. 2013–00139 Filed 1–7–13; 8:45 am] SUMMARY: governing the incidental taking of marine mammals. We invite information, suggestions, and comments on OCS’s application and request. DATES: Comments and information must be received no later than February 7, 2013. Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are issued. Incidental taking shall be allowed if NMFS finds that the taking will have a negligible impact on the species or stock(s) affected and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘an impact resulting from the specified PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 1205 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.’’ 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].’’ Summary of Request On December 27, 2012, we received a complete and adequate application from OCS requesting authorization for take of marine mammals incidental to hydrographic surveys conducted by OCS. The requested governing regulations would be valid for 5 years from the date of issuance. OCS operates active acoustic devices that have the potential to disturb marine mammals, and operates throughout coastal waters of the U.S. Exclusive Economic Zone. During 2013–18, OCS plans to conduct surveys in all coastal waters of the U.S. except for those in the Caribbean and in Hawaii and other Pacific islands. Because the specified activities have the potential to take marine mammals present within the action areas, OCS requests authorization to take small numbers of multiple species or stocks of marine mammal. Specified Activities Hydrographic survey projects support OCS’s mandated mission to provide reliable nautical charts and other products necessary for safe navigation, economic security, and environmental sustainability in U.S. coastal waters. OCS surveys approximately 3,000 square nautical miles of coastal waters each year, and proposes to continue the same level of activity. In order to conduct these surveys, OCS uses active acoustic devices, including some that may result in behavioral harassment of marine mammals. These include highfrequency single-beam and multibeam echosounders and side-scan sonars mounted on or towed behind vessels traveling at a slow speed. A more detailed description of the hydrographic surveys conducted by OCS may be found in their application, which is available at: https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. E:\FR\FM\08JAN1.SGM 08JAN1 1206 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices Information Solicited DEPARTMENT OF DEFENSE Interested persons may submit information, suggestions, and comments concerning OCS’s request (see ADDRESSES). We will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by OCS, if appropriate. Helen M. Golde, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2013–00135 Filed 1–7–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of GovernmentOwned Inventions; Available for Licensing Department of the Navy, DoD. Notice. AGENCY: ACTION: The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for licensing by the Department of the Navy. The following patents are available for licensing: Patent application 12/ 650,413: Finite State Machine Architecture for Software Development (a system for developing an application program having functionality that corresponds to a finite state machine model)//U.S. Patent No. 8,238,924: RealTime Optimization of Allocation of Resources//U.S. Patent No. 7,685,207: Adaptive Web-Based Asset Control System. SUMMARY: Requests for copies of the patents cited should be directed to Office of Counsel, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522–5001. FOR FURTHER INFORMATION CONTACT: Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522–5001, telephone (812) 854–4100. ADDRESSES: srobinson on DSK4SPTVN1PROD with Authority: 35 U.S.C. 207, 37 CFR part 404. Dated: December 31, 2012. C. K. Chiappetta, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2013–00066 Filed 1–7–13; 8:45 am] BILLING CODE 3810–FF–P VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 Department of the Navy Notice of Intent To Grant Exclusive Patent License; Allied Communications, LLC Department of the Navy, DoD. Notice. AGENCY: ACTION: The Department of the Navy hereby gives notice of its intent to grant to Allied Communications, LLC., a revocable, nonassignable, exclusive license to practice in the United States, the Government-owned inventions described in U.S. Patent No. 7,685,207: Adaptive Web-Based Asset Control System, Navy Case No. 83634, issued March 23, 2010.//U.S. Patent application No. 12/650,413: Finite State Machine Architecture For Software Development, Navy Case No. 99,766, filed December 30, 2009.//U.S. Patent No. 8,238,924: Real-Time Optimization of Allocation of Resources, Navy Case No. 99956, issued August 7, 2012. DATES: Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than January 23, 2013. ADDRESSES: Written objections are to be filed with Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522–5001. FOR FURTHER INFORMATION CONTACT: Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522–5001, telephone 812–854–4100. SUMMARY: Authority: 35 U.S.C. 207, 37 CFR part 404. Dated: December 31, 2012. C. K. Chiappetta, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2013–00068 Filed 1–7–13; 8:45 am] BILLING CODE 3810–FF–P DEFENSE NUCLEAR FACILITIES SAFETY BOARD Second Extension of Hearing Record Closure Date Defense Nuclear Facilities Safety Board. ACTION: Second extension of hearing record closure date. AGENCY: The Defense Nuclear Facilities Safety Board (Board) published a document in the Federal Register on August 15, 2012, (77 FR 48970), as amended, September 7, 2012, SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 (77 FR 55196). The publication concerned notice of a hearing and meeting on October 2, 2012, regarding safety-related aspects of the design and factors that could affect the timely execution of the Uranium Processing Facility (UPF) project at the Y–12 National Security Complex. The Board stated in the August 15, 2012, hearing notice that the hearing record would remain open until November 2, 2012, for the receipt of additional materials. The Board subsequently extended the hearing record closure date to January 2, 2013 (77 FR 65871). Extension of Time: The Board now extends the period of time for which the hearing record will remain open to January 16, 2013, to further accommodate submission of answers to questions taken for the record during the course of the public hearing. Contact Person for Further Information: Debra H. Richardson, Deputy General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 700, Washington, DC 20004–2901, (800) 788– 4016. This is a toll-free number. Dated: January 2, 2013. Peter S. Winokur, Chairman. [FR Doc. 2013–00096 Filed 1–7–13; 8:45 am] BILLING CODE 3670–01–P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Evaluation of the Pell Grant Experiments Under the Experimental Sites Initiative—2012 Institute of Education Sciences, Department of Education. ACTION: Notice of a new system of records. AGENCY: In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled ‘‘Evaluation of the Pell Grant Experiments Under the Experimental Sites Initiative—2012’’ (18–13–31). DATES: Submit your comments on this proposed new system of records on or before February 7, 2013. The Department filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Oversight and Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, SUMMARY: E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1205-1206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00135]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC359


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Hydrographic Surveys

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

-----------------------------------------------------------------------

SUMMARY: NMFS' Office of Protected Resources has received a request 
from the NOAA Office of Coast Survey (OCS) for authorization to take 
small numbers of marine mammals incidental to conducting hydrographic 
surveys, over the course of 5 years from the date of issuance. Pursuant 
to regulations implementing the Marine Mammal Protection Act (MMPA), 
NMFS is announcing receipt of OCS's request under the MMPA for the 
development and implementation of regulations governing the incidental 
taking of marine mammals. We invite information, suggestions, and 
comments on OCS's application and request.

DATES: Comments and information must be received no later than February 
7, 2013.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is ITP.Laws@noaa.gov. We are not responsible 
for email comments sent to addresses other than the one provided here. 
Comments sent via email, including all attachments, must not exceed a 
10-megabyte file size.

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    An electronic copy of OCS's application may be obtained by visiting 
the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

    The OCS released a draft Environmental Assessment, prepared 
pursuant to requirements of the National Environmental Policy Act, for 
the conduct of their hydrographic surveys on June 20, 2012. A copy of 
the draft EA which would also support our proposed rulemaking under the 
MMPA, is also available at https://www.nauticalcharts.noaa.gov/Legal/.

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are 
issued.
    Incidental taking shall be allowed if NMFS finds that the taking 
will have a negligible impact on the species or stock(s) affected and 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for taking for subsistence uses, and if the 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such taking are set forth.
    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.'' 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].''

Summary of Request

    On December 27, 2012, we received a complete and adequate 
application from OCS requesting authorization for take of marine 
mammals incidental to hydrographic surveys conducted by OCS. The 
requested governing regulations would be valid for 5 years from the 
date of issuance. OCS operates active acoustic devices that have the 
potential to disturb marine mammals, and operates throughout coastal 
waters of the U.S. Exclusive Economic Zone. During 2013-18, OCS plans 
to conduct surveys in all coastal waters of the U.S. except for those 
in the Caribbean and in Hawaii and other Pacific islands. Because the 
specified activities have the potential to take marine mammals present 
within the action areas, OCS requests authorization to take small 
numbers of multiple species or stocks of marine mammal.

Specified Activities

    Hydrographic survey projects support OCS's mandated mission to 
provide reliable nautical charts and other products necessary for safe 
navigation, economic security, and environmental sustainability in U.S. 
coastal waters. OCS surveys approximately 3,000 square nautical miles 
of coastal waters each year, and proposes to continue the same level of 
activity. In order to conduct these surveys, OCS uses active acoustic 
devices, including some that may result in behavioral harassment of 
marine mammals. These include high-frequency single-beam and multibeam 
echosounders and side-scan sonars mounted on or towed behind vessels 
traveling at a slow speed.
    A more detailed description of the hydrographic surveys conducted 
by OCS may be found in their application, which is available at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.

[[Page 1206]]

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning OCS's request (see ADDRESSES). We will consider all 
information, suggestions, and comments related to the request during 
the development of proposed regulations governing the incidental taking 
of marine mammals by OCS, if appropriate.

Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-00135 Filed 1-7-13; 8:45 am]
BILLING CODE 3510-22-P
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