Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Hawaii-Southern California Training and Testing Study Area; Correction, 26188-26189 [2014-10528]
Download as PDF
pmangrum on DSK3VPTVN1PROD with RULES
26188
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations
will retain responsibility for ensuring
compliance with all provisions of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
including compliance with section 7 for
actions occurring on National Wildlife
Refuge and National Park Service lands.
(5) What take of wood bison is
allowed in the NEP area? In the
following instances, wood bison may be
taken in accordance with applicable
State fish and wildlife conservation
laws and regulations:
(i) Hunting will be an allowed take
based on sustained yield principles as
established by ADF&G.
(ii) A wood bison may be taken within
the NEP area, provided that such take is
not willful, knowing, or due to
negligence, or is incidental to and not
the purpose of the carrying out of an
otherwise lawful activity, including but
not limited to recreation (e.g., trapping,
hiking, camping, or shooting activities);
forestry; agriculture; oil and gas
exploration and development and
associated activities; construction and
maintenance of roads or railroads,
buildings, facilities, energy projects,
pipelines, and transmission lines of any
kind; mining; mineral exploration;
travel by any means, including vehicles,
watercraft, snow machines, or aircraft;
tourism; and other activities that are in
accordance with Federal, State, and
local laws and regulations and specific
authorizations. Such conduct is not
considered intentional or ‘‘knowing
take’’ for purposes of this regulation,
and neither the Service nor the State
will take legal action for such conduct.
Any cases of ‘‘knowing take’’ will be
referred to the appropriate authorities
for prosecution.
(iii) Any person with a valid permit
issued by the Service under 50 CFR
17.32 or by ADF&G may take wood
bison for educational purposes,
scientific purposes, the enhancement of
propagation or survival of the species,
zoological exhibition, and other
conservation purposes consistent with
the ESA. Additionally, any employee or
agent of the Service or ADF&G
designated for such purposes, acting in
the course of official duties, may take a
wood bison if such action is necessary:
(A) For scientific purposes;
(B) To relocate a wood bison to avoid
conflict with human activities;
(C) To relocate a wood bison if
necessary to protect the wood bison;
(D) To relocate wood bison within the
NEP area to improve wood bison
survival and recovery prospects or for
genetic purposes;
(E) To relocate wood bison from one
population in the NEP area into another,
or into captivity;
VerDate Mar<15>2010
17:31 May 06, 2014
Jkt 232001
(F) To relocate wood bison that have
moved outside the NEP area back into
the NEP area or remove them;
(G) To aid or euthanize a sick, injured,
or orphaned wood bison;
(H) To dispose of a dead wood bison,
or salvage a dead wood bison for
scientific purposes; or
(I) To aid in law enforcement
investigations involving wood bison.
(iv) Any person may take a wood
bison in defense of the individual’s life
or the life of another person. The
Service, the State, or our designated
agent(s) may also promptly remove any
wood bison that the Service, the State,
or our designated agent(s) determine to
be a threat to human life or safety. Any
such taking must be reported within 24
hours to the location identified in
paragraph (x)(5)(vi) of this section.
(v) In connection with otherwise
lawful activities, including but not
limited to the use and development of
land, provided at paragraph (x)(5)(ii) of
this section, the Federal Government,
the State, municipalities of the State,
other local governments, Native
American Tribal Governments, and all
landowners and their employees or
authorized agents, tenants, or designees
may harass wood bison in the areas
defined in paragraph (x)(2)(i) of this
section, provided that all such
harassment is by methods that are not
lethal or physically injurious to wood
bison and is reported within 24 hours to
the location identified in paragraph
(x)(5)(vi) of this section.
(vi) Any taking pursuant to paragraph
(x)(5)(ii) of this section must be reported
within 14 days by contacting the Alaska
Department of Fish and Game, 1300
College Road, Fairbanks, AK 99701;
(907) 459–7206. ADF&G will determine
the most appropriate course of action
regarding any live or dead specimens.
(6) What take of wood bison is not
allowed in the NEP area?
(i) Except as expressly allowed in
paragraph (x)(5) of this section, all the
provisions of 50 CFR 17.31(a) and (b)
apply to the wood bison identified in
paragraph (x)(1) of this section.
(ii) Any manner of take not described
under paragraph (x)(5) of this section is
prohibited in the NEP area.
(iii) A person may not possess, sell,
deliver, carry, transport, ship, import, or
export by any means whatsoever any of
the identified wood bison, or parts
thereof, that are taken or possessed in a
manner not expressly allowed in
paragraph (x)(5) of this section or in
violation of the applicable State or local
fish and wildlife laws or regulations or
the ESA.
(iv) A person may not attempt to
commit, solicit another to commit, or
cause to be committed any take of wood
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
bison, except that take expressly
allowed in paragraph (x)(5) of this
section.
(7) How will the effectiveness of the
wood bison reintroduction be
monitored? ADF&G will monitor the
population status of reintroduced bison
herds at least annually and will
document productivity, survival, and
population size. The Service or other
Federal agencies may also be involved
in population monitoring, particularly
where National Wildlife Refuge System
or Bureau of Land Management lands
are involved. Tribal governments or
other organizations may also participate
in population monitoring and other
management activities. Depending on
available resources, monitoring may
occur more frequently, especially during
the first few years of reestablishment
efforts. This monitoring will be
conducted primarily through aerial
surveys and will be accomplished by
State or Service employees, through
cooperative efforts with local
governments, or by contracting with
other appropriate species experts.
(8) What other provisions apply to this
special rule?
If any particular provision of this rule
or the application of any particular
provision to any entity or circumstance
is held invalid, the remainder of this
finding and rule and the application of
such provisions to other entities or
circumstances shall not be affected by
such holding.
Dated: April 24, 2014.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2014–10506 Filed 5–6–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 218
RIN 0648–BC52
Takes of Marine Mammals Incidental to
Specified Activities; U.S. Navy Training
and Testing Activities in the HawaiiSouthern California Training and
Testing Study Area; Correction
ACTION:
Final rule; correction.
This document contains
corrections to the preamble to final
regulations published on December 24,
2013, governing the take of marine
mammals incidental to U.S. Navy
(Navy) training and testing activities in
SUMMARY:
E:\FR\FM\07MYR1.SGM
07MYR1
26189
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations
the Hawaii-Southern California Training
and Testing (HSTT) Study Area. This
action is necessary to correct an error in
the description of total Level B
harassment of Eastern North Pacific gray
whales.
DATES: Effective on May 7, 2014.
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, 301–427–8401.
SUPPLEMENTARY INFORMATION:
Background
A final rule published December 24,
2013 (78 FR 78106) for the take of
marine mammals incidental to the
Navy’s training and testing activities in
the HSTT Study Area. This correction
revises the description contained in the
preamble of the number of Eastern
North Pacific gray whales authorized to
be taken by Level B harassment.
Need for Correction
As published, the preamble to the
final regulations contains errors which
may prove to be misleading and need to
be clarified. These typos were correctly
recorded in the regulatory text and do
not change NMFS’ analysis or
conclusions in the final rule. Revised
Letters of Authorization have been
issued to the Navy, eliminating the 10
authorized Level A takes (training) and
5 authorized Level A takes (testing) of
Eastern North Pacific gray whales over
a 5-year period. In addition, the revised
Letter of Authorization for testing
activities corrects the number of blue
whale takes to ‘‘up to 428 per year’’
(previously 426).
1. On page 78143, in Table 18, the
entry for Eastern North Pacific gray
whales is corrected to read as follows:
TABLE 18—SPECIES-SPECIFIC TAKE REQUEST AND AUTHORIZATION FROM MODELING ESTIMATES OF IMPULSIVE AND NONIMPULSIVE SOURCE EFFECTS FOR ALL TRAINING ACTIVITIES
Annually 1
Species
Level B
*
Gray whale ........................
*
Total over 5-year rule 2
Stock
*
*
Eastern North Pacific ........
*
Level A
Mortality
*
9,550
*
Level B
*
0
*
0
*
Level A
47,750
*
Mortality
*
0
*
0
*
1 These
numbers constitute the total for an annual maximum year (a notional 12-month period when all annual and non-annual events could
occur) in which a RIMPAC exercise and Civilian Port Defense events would occur in Hawaii and SOCAL.
2 These numbers constitute the summation over a 5-year period with annual events occurring five times and non-annual events occurring three
times.
2. On page 78145, in Table 20, the
entry for Eastern North Pacific gray
whales is corrected to read as follows:
TABLE 20—SPECIES-SPECIFIC TAKES REQUESTED AND AUTHORIZED FROM MODELING ESTIMATES OF IMPULSIVE AND
NON-IMPULSIVE SOURCE EFFECTS FOR ALL TESTING ACTIVITIES
Annually 1
Species
Level B
*
Gray whale ........................
*
Total over 5-year rule 2
Stock
*
*
Eastern North Pacific ........
*
Level A
*
2,568
*
Mortality
Level B
*
0
*
Level A
*
0
12,840
*
*
0
*
1 Mesoplodon
Mortality
0
*
spp. in SOCAL for the undifferentiated occurrence of five Mesoplodon species (M. carlhubbsi, M. ginkgodens, M. perrini, M.
peruvianus, M. stejnegeri) but does not include Blainville’s beaked whale listed separately above.
2 No more than 76 of Hawaii Island stock, 57 of Kauai/Niihau stock, and 34 of Oahu/4-Islands stock may be taken during testing activities.
Dated: April 30, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–10528 Filed 5–6–14; 8:45 am]
pmangrum on DSK3VPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
14:20 May 06, 2014
Jkt 232001
PO 00000
Frm 00081
Fmt 4700
Sfmt 9990
E:\FR\FM\07MYR1.SGM
07MYR1
Agencies
[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Rules and Regulations]
[Pages 26188-26189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10528]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216 and 218
RIN 0648-BC52
Takes of Marine Mammals Incidental to Specified Activities; U.S.
Navy Training and Testing Activities in the Hawaii-Southern California
Training and Testing Study Area; Correction
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the preamble to final
regulations published on December 24, 2013, governing the take of
marine mammals incidental to U.S. Navy (Navy) training and testing
activities in
[[Page 26189]]
the Hawaii-Southern California Training and Testing (HSTT) Study Area.
This action is necessary to correct an error in the description of
total Level B harassment of Eastern North Pacific gray whales.
DATES: Effective on May 7, 2014.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, 301-427-8401.
SUPPLEMENTARY INFORMATION:
Background
A final rule published December 24, 2013 (78 FR 78106) for the take
of marine mammals incidental to the Navy's training and testing
activities in the HSTT Study Area. This correction revises the
description contained in the preamble of the number of Eastern North
Pacific gray whales authorized to be taken by Level B harassment.
Need for Correction
As published, the preamble to the final regulations contains errors
which may prove to be misleading and need to be clarified. These typos
were correctly recorded in the regulatory text and do not change NMFS'
analysis or conclusions in the final rule. Revised Letters of
Authorization have been issued to the Navy, eliminating the 10
authorized Level A takes (training) and 5 authorized Level A takes
(testing) of Eastern North Pacific gray whales over a 5-year period. In
addition, the revised Letter of Authorization for testing activities
corrects the number of blue whale takes to ``up to 428 per year''
(previously 426).
1. On page 78143, in Table 18, the entry for Eastern North Pacific
gray whales is corrected to read as follows:
Table 18--Species-Specific Take Request and Authorization From Modeling Estimates of Impulsive and Non-Impulsive Source Effects for All Training
Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annually \1\ Total over 5-year rule \2\
Species Stock -----------------------------------------------------------------------------------
Level B Level A Mortality Level B Level A Mortality
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Gray whale.............................. Eastern North Pacific..... 9,550 0 0 47,750 0 0
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These numbers constitute the total for an annual maximum year (a notional 12-month period when all annual and non-annual events could occur) in
which a RIMPAC exercise and Civilian Port Defense events would occur in Hawaii and SOCAL.
\2\ These numbers constitute the summation over a 5-year period with annual events occurring five times and non-annual events occurring three times.
2. On page 78145, in Table 20, the entry for Eastern North Pacific
gray whales is corrected to read as follows:
Table 20--Species-Specific Takes Requested and Authorized From Modeling Estimates of Impulsive and Non-Impulsive Source Effects for All Testing
Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annually \1\ Total over 5-year rule \2\
Species Stock -----------------------------------------------------------------------------------
Level B Level A Mortality Level B Level A Mortality
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Gray whale.............................. Eastern North Pacific..... 2,568 0 0 12,840 0 0
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Mesoplodon spp. in SOCAL for the undifferentiated occurrence of five Mesoplodon species (M. carlhubbsi, M. ginkgodens, M. perrini, M. peruvianus, M.
stejnegeri) but does not include Blainville's beaked whale listed separately above.
\2\ No more than 76 of Hawaii Island stock, 57 of Kauai/Niihau stock, and 34 of Oahu/4-Islands stock may be taken during testing activities.
Dated: April 30, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-10528 Filed 5-6-14; 8:45 am]
BILLING CODE 3510-22-P