Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations, 57057-57058 [2014-22696]

Download as PDF Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices levels that could cause Level B behavioral harassment from the proposed construction work at the USCG Station Monterey. These numbers represent approximately 0.03%–5.16% of the stocks and populations of these species that could be affected by Level B behavioral harassment. 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 finds that small numbers of marine mammals will be taken relative to the populations of 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. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes. Endangered Species Act (ESA) No species listed under the ESA are expected to be affected by these activities. Therefore, NMFS has determined that a section 7 consultation under the ESA is not required. asabaliauskas on DSK5VPTVN1PROD with NOTICES National Environmental Policy Act (NEPA) In January 2014, the USCG prepared a Final Environmental Assessment for Waterfront Repairs at United States Coast Guard Station Monterey, Monterey, California (EA) and provided supplement information on July 30, 2014. NMFS has reviewed the EA and concluded that the environmental consequences analyzed are reflect NMFS’ action of issuance of an IHA to USCG. Therefore, NMFS determined to adopt the USCG EA and will not prepare its own EA or EIS for this action. Authorization NMFS has issued an IHA to USCG for the potential harassment of small numbers of marine mammal species incidental to its waterfront repair project at Station Monterey in California, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: September 18, 2014. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–22618 Filed 9–23–14; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 18:41 Sep 23, 2014 Jkt 232001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC645 Taking of Threatened or Endangered Marine Mammals Incidental to Commercial Fishing Operations National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of extension of public comment period. AGENCY: NMFS is announcing an extension to the public comment period for the amended permit to authorize the incidental, but not intentional, take of two stocks of marine mammals listed as threatened or endangered under the Endangered Species Act (ESA), under the Marine Mammal Protection Act (MMPA), by the California (CA) thresher shark/swordfish drift gillnet fishery (>14 in mesh) and the Washington (WA)/Oregon (OR)/CA sablefish pot fishery. On August 25, 2014, NMFS solicited comments from the public on the draft negligible impact determination and on the proposal to issue a permit to vessels that operate in these fisheries for the taking of affected endangered stocks of marine mammals. NMFS is extending the comment period for 30 days. DATES: Information and comments must be received by close of business on October 24, 2014. ADDRESSES: The draft amended Negligible Impact Determination and list of references contained in this notice are available in electronic form via the Internet at: https:// www.westcoast.fisheries.noaa.gov/ protected_species/marine_mammals/ marine_mammals.html. The petition and a list of references contained in this notice are available in electronic form via the Internet at https:// www.nmfs.noaa.gov/pr/. You may submit comments, identified by NOAA–NMFS–2013–0073, by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130073, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Send comments or requests to: Chris Yates, Assistant Regional Administrator, Protected Resources Division, West Coast Region, 501 W. SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 57057 Ocean Blvd., Suite 4200, Long Beach, CA 90802. Comments may also be faxed to (562) 980–4027. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Monica DeAngelis, NMFS West Coast Region, (562) 980–3232, or Shannon Bettridge, NMFS Office of Protected Resources, (301) 427–8402. SUPPLEMENTARY INFORMATION: Background Section 101(a)(5)(E) of the MMPA, 16 U.S.C. 1361 et seq., states that NMFS, as delegated by the Secretary of Commerce, shall for a period of up to three years allow the incidental taking of marine mammal species listed under the ESA, 16 U.S.C. 1531 et seq., by persons using vessels of the United States and those vessels which have valid fishing permits issued by the Secretary in accordance with section 204(b) of the MagnusonStevens Fishery Conservation and Management Act, 16 U.S.C. 1824(b), while engaging in commercial fishing operations, if NMFS makes certain determinations. NMFS must determine, after notice and opportunity for public comment, that: (1) Incidental mortality and serious injury will have a negligible impact on the affected species or stock; (2) a recovery plan has been developed or is being developed for such species or stock under the ESA; and (3) where required under section 118 of the MMPA, a monitoring program has been established, vessels engaged in such fisheries are registered in accordance with section 118 of the MMPA, and a take reduction plan has been developed or is being developed for such species or stock. NMFS proposes to issue an amended permit under MMPA section 101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish drift gillnet fishery (>14 in mesh) to incidentally take individuals from two E:\FR\FM\24SEN1.SGM 24SEN1 57058 Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES stocks of threatened or endangered marine mammals: The CA/OR/WA stock of humpback whales (Megaptera novaeangliae) and the CA/OR/WA stock of sperm whales (Physeter macrocephalus); and to vessels registered in WA/OR/CA sablefish pot fishery to incidentally take individuals from the CA/OR/WA stock of humpback whales. The data for considering these authorizations were reviewed coincident with the 2014 MMPA List of Fisheries (LOF; 79 FR 14418, March 14, 2014), final 2013 U.S. Pacific Marine Mammal Stock Assessment (SAR; Carretta et al. 2014), Carretta and Moore (2014), Moore and Barlow (in press), the Fishery Management Plan (FMP) for U.S. West Coast Fisheries for Highly Migratory Species (HMS), recovery plans for these species (available on the Internet at: https://www.nmfs.noaa.gov/ pr/recovery/plans.htm#mammals), the best scientific information and available data, and other relevant sources. Section 101(a)(5)(E)(i) of the MMPA requires NMFS to provide notice and opportunity for public comment on the proposed permit. NMFS wants to provide adequate opportunity for review of all documents considered in making a negligible impact determination. Although NMFS believed all documents would be available to the public at the time we solicited comments on the draft negligible impact determination and on the proposal to issue the permit (79 FR 50626, August 25, 2014), the Moore and Barlow (in press) paper has not yet been published and made available for public review. Publication of the paper is imminent and NMFS has decided to extend the comment period to allow for publication of the paper and subsequent review of the paper for comments relevant to this proposed MMPA permit issuance. In this notice NMFS is extending the public comment period until October 24, 2014, to allow adequate time for the public to review the scientific information relevant to the amended permit under MMPA section 101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish drift gillnet fishery (≥ in mesh) and vessels registered in WA/OR/CA sablefish pot fishery. Information Solicited To ensure that the amended permit under MMPA section 101(a)(5)(E) is based on the best scientific information available, we are soliciting public comments on the proposed permit and the preliminary determinations supporting the permit. Specifically, we seek comments on: VerDate Sep<11>2014 20:53 Sep 23, 2014 Jkt 232001 • The use of the revised abundance estimates in Moore and Barlow (in press) • The use of a 13-year time period for estimating expected idental mortality of sperm whales in the gillnet fishery. Dated: September 19, 2014. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–22696 Filed 9–23–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket Number: 140821696–4696–01] RIN 0660–XC012 First Responder Network Authority Proposed Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of 2012 First Responder Network Authority, National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice and request for comments. AGENCY: The First Responder Network Authority (‘‘FirstNet’’) publishes this Notice to request public comment on certain proposed interpretations of its enabling legislation that will inform, among other things, forthcoming requests for proposals, interpretive rules, and network policies. With the benefit of the comments received from this Notice, FirstNet may proceed to implement these or other interpretations with or without further administrative procedure. SUMMARY: Submit comments on or before October 24, 2014. ADDRESSES: The public is invited to submit written comments to this Notice. Written comments may be submitted electronically through www.regulations.gov or by mail (to the address listed below). Comments received related to this Notice will be made a part of the public record and will be posted to www.regulations.gov without change. Comments should be machine readable and should not be copy-protected. Comments should include the name of the person or organization filing the comment as well as a page number on each page of the submission. All personally identifiable information (e.g., name, address) voluntarily submitted by the commenter DATES: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Eli Veenendaal, First Responder Network Authority, National Telecommunications and Information Administration, U.S. Department of Commerce, 12201 Sunrise Valley Drive, M/S 243, Reston, VA 20192; 703–648– 4167; or elijah.veenendaal@firstnet.gov. SUPPLEMENTARY INFORMATION: I. Introduction and Background The Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.)) (the ‘‘Act’’) established the First Responder Network Authority (‘‘FirstNet’’) as an independent authority within the National Telecommunications and Information Administration (‘‘NTIA’’). The Act establishes FirstNet’s duty and responsibility to take all actions necessary to ensure the building, deployment, and operation of a nationwide public safety broadband network (‘‘NPSBN’’).1 One of FirstNet’s principal first steps in carrying out this responsibility under the Act is the issuance of open, transparent, and competitive requests for proposals (‘‘RFPs’’) for the purposes of building, operating, and maintaining the network. We have and will continue to seek public comments on many technical and economic aspects of these RFPs through traditional procurement processes, including requests for information (‘‘RFIs’’) and potential draft RFPs, prior to issuance of final RFPs.2 As a newly created entity, however, we are also confronted with many complex legal issues of first impression under the Act that will have a material impact on the RFPs, responsive proposals, and our operations going forward. Generally, the Administrative Procedure Act (‘‘APA’’) 3 provides the basic framework of administrative law governing agency action, including the procedural steps that must precede the effective promulgation, amendment, or repeal of a rule by a federal agency.4 1 47 U.S.C. 1426(b). pronouns ‘‘we’’ or ‘‘our’’ throughout this Notice refer to ‘‘FirstNet’’ alone and not FirstNet, NTIA, and the U.S. Department of Commerce as a collective group. 3 See 5 U.S.C. 551–59, 701–06, 1305, 3105, 3344, 5372, 7521. 4 See 5 U.S.C. 551–559. The APA defines a ‘‘rule’’ as ‘‘the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, 2 The E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57057-57058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22696]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC645


Taking of Threatened or Endangered Marine Mammals Incidental to 
Commercial Fishing Operations

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

ACTION: Notice of extension of public comment period.

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

SUMMARY: NMFS is announcing an extension to the public comment period 
for the amended permit to authorize the incidental, but not 
intentional, take of two stocks of marine mammals listed as threatened 
or endangered under the Endangered Species Act (ESA), under the Marine 
Mammal Protection Act (MMPA), by the California (CA) thresher shark/
swordfish drift gillnet fishery (>14 in mesh) and the Washington (WA)/
Oregon (OR)/CA sablefish pot fishery. On August 25, 2014, NMFS 
solicited comments from the public on the draft negligible impact 
determination and on the proposal to issue a permit to vessels that 
operate in these fisheries for the taking of affected endangered stocks 
of marine mammals.
    NMFS is extending the comment period for 30 days.

DATES: Information and comments must be received by close of business 
on October 24, 2014.

ADDRESSES: The draft amended Negligible Impact Determination and list 
of references contained in this notice are available in electronic form 
via the Internet at: https://www.westcoast.fisheries.noaa.gov/
protectedspecies/marinemammals/
marinemammals.html. The petition and a list of references 
contained in this notice are available in electronic form via the 
Internet at https://www.nmfs.noaa.gov/pr/.
    You may submit comments, identified by NOAA-NMFS-2013-0073, by any 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0073, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Send comments or requests to: Chris Yates, Assistant 
Regional Administrator, Protected Resources Division, West Coast 
Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Comments 
may also be faxed to (562) 980-4027.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Monica DeAngelis, NMFS West Coast 
Region, (562) 980-3232, or Shannon Bettridge, NMFS Office of Protected 
Resources, (301) 427-8402.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(E) of the MMPA, 16 U.S.C. 1361 et seq., states 
that NMFS, as delegated by the Secretary of Commerce, shall for a 
period of up to three years allow the incidental taking of marine 
mammal species listed under the ESA, 16 U.S.C. 1531 et seq., by persons 
using vessels of the United States and those vessels which have valid 
fishing permits issued by the Secretary in accordance with section 
204(b) of the Magnuson-Stevens Fishery Conservation and Management Act, 
16 U.S.C. 1824(b), while engaging in commercial fishing operations, if 
NMFS makes certain determinations. NMFS must determine, after notice 
and opportunity for public comment, that: (1) Incidental mortality and 
serious injury will have a negligible impact on the affected species or 
stock; (2) a recovery plan has been developed or is being developed for 
such species or stock under the ESA; and (3) where required under 
section 118 of the MMPA, a monitoring program has been established, 
vessels engaged in such fisheries are registered in accordance with 
section 118 of the MMPA, and a take reduction plan has been developed 
or is being developed for such species or stock.
    NMFS proposes to issue an amended permit under MMPA section 
101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish 
drift gillnet fishery (>14 in mesh) to incidentally take individuals 
from two

[[Page 57058]]

stocks of threatened or endangered marine mammals: The CA/OR/WA stock 
of humpback whales (Megaptera novaeangliae) and the CA/OR/WA stock of 
sperm whales (Physeter macrocephalus); and to vessels registered in WA/
OR/CA sablefish pot fishery to incidentally take individuals from the 
CA/OR/WA stock of humpback whales.
    The data for considering these authorizations were reviewed 
coincident with the 2014 MMPA List of Fisheries (LOF; 79 FR 14418, 
March 14, 2014), final 2013 U.S. Pacific Marine Mammal Stock Assessment 
(SAR; Carretta et al. 2014), Carretta and Moore (2014), Moore and 
Barlow (in press), the Fishery Management Plan (FMP) for U.S. West 
Coast Fisheries for Highly Migratory Species (HMS), recovery plans for 
these species (available on the Internet at: https://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals), the best scientific information and 
available data, and other relevant sources.
    Section 101(a)(5)(E)(i) of the MMPA requires NMFS to provide notice 
and opportunity for public comment on the proposed permit.
    NMFS wants to provide adequate opportunity for review of all 
documents considered in making a negligible impact determination. 
Although NMFS believed all documents would be available to the public 
at the time we solicited comments on the draft negligible impact 
determination and on the proposal to issue the permit (79 FR 50626, 
August 25, 2014), the Moore and Barlow (in press) paper has not yet 
been published and made available for public review. Publication of the 
paper is imminent and NMFS has decided to extend the comment period to 
allow for publication of the paper and subsequent review of the paper 
for comments relevant to this proposed MMPA permit issuance. In this 
notice NMFS is extending the public comment period until October 24, 
2014, to allow adequate time for the public to review the scientific 
information relevant to the amended permit under MMPA section 
101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish 
drift gillnet fishery (>= in mesh) and vessels registered in WA/OR/CA 
sablefish pot fishery.

Information Solicited

    To ensure that the amended permit under MMPA section 101(a)(5)(E) 
is based on the best scientific information available, we are 
soliciting public comments on the proposed permit and the preliminary 
determinations supporting the permit. Specifically, we seek comments 
on:

 The use of the revised abundance estimates in Moore and Barlow 
(in press)
 The use of a 13-year time period for estimating expected 
idental mortality of sperm whales in the gillnet fishery.

    Dated: September 19, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-22696 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-22-P

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