Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research, 78065-78066 [2014-30349]

Download as PDF Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices fishery that account for herring’s role as forage in the ecosystem (Amendment 8). They will also discuss possible cooperative research priorities for any research set-aside that may be allocated in 2016–18 during the Atlantic herring fishery specifications process and develop recommendations. The Panel plans to review/discuss a draft scoping document for an amendment to the Herring FMP to consider control rules for the Atlantic herring fishery that account for herring’s role as forage in the ecosystem and develop recommendations; They will also review/discuss options under consideration in the NMFS-led omnibus Industry-Funded Monitoring Amendment to address observer coverage on Atlantic herring vessels and develop recommendations. The panel will discuss other business as necessary. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: December 22, 2014. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–30305 Filed 12–24–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration tkelley on DSK3SPTVN1PROD with NOTICES RIN 0648–XD663 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 Notice; receipt of application for letter of authorization; request for comments and information. ACTION: NMFS’ Office of Protected Resources has received a request from the NMFS Northeast Fisheries Science Center (NEFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the NEFSC’s request under section 101(a)(5)(A) of the MMPA for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the NEFSC’s application and request. DATES: Comments and information must be received no later than January 28, 2015. ADDRESSES: Comments on the application should be addressed to Jolie Harrison, 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.Cody@noaa.gov. You must include 0648–XD663 in the subject line. NMFS is 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 25megabyte file size. Instructions: All submitted comments are a part of the public record and NMFS will post them to https:// www.nmfs.noaa.gov/pr/permits/ incidental/research.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Availability An electronic copy of the NEFSC’s application may be obtained by visiting the Internet at: https:// www.nmfs.noaa.gov/pr/permits/ incidental/research.htm. The NEFSC is concurrently releasing a draft Environmental Assessment, prepared pursuant to requirements of the PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 78065 National Environmental Policy Act, for the conduct of their fisheries research. A copy of the draft EA, which would also support our proposed rulemaking under the MMPA, is also available at: https://nefsc.noaa.gov/rcb/dpea/. 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 17, 2014, NMFS received an application from the NEFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the NEFSC. The requested regulations would be valid for five years from the date of issuance. The NEFSC plans to conduct fisheries research surveys in the Atlantic Ocean from the U.S.-Canada border to Florida. It is possible that marine mammals may interact with fishing gear (e.g., bottom and pelagic trawls, dredges, video cameras, long lines, and gillnets) used in NEFSC’s fisheries research and cooperative research projects, resulting in injury, serious injury, or mortality. In addition, the NEFSC operates active E:\FR\FM\29DEN1.SGM 29DEN1 78066 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices acoustic devices that have the potential to disturb marine mammals. Because the specified activities have the potential to take marine mammals present within these action areas, the NEFSC requests authorization to take multiple species of marine mammal that may occur in these areas. tkelley on DSK3SPTVN1PROD with NOTICES Specified Activities The Federal Government has a responsibility to conserve and protect living marine resources in U.S. federal waters and has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside the United States. NOAA has the primary responsibility for managing marine fin and shellfish species and their habitats, with that responsibility delegated within NOAA to NMFS. In order to direct and coordinate the collection of scientific information needed to make informed management decisions, Congress created six Regional Fisheries Science Centers, each a distinct organizational entity and the scientific focal point within NMFS for region-based federal fisheries-related research. This research is aimed at monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research. The NEFSC is the research arm of NMFS in the Greater Atlantic Region. The NEFSC conducts research and provides scientific advice to manage fisheries and conserve protected species in two geographic research areas: Occurs in the Northeast U.S. Continental Shelf LME but also occurs in the Southeast U.S. Continental Shelf LME and Adjacent Offshore Areas Research is aimed at monitoring fish stock recruitment, survival and biological rates, abundance and geographic distribution of species and stocks, and providing other scientific information needed to improve our understanding of complex marine ecological processes. Primary research activities include: Bottom trawl surveys to support assessments of multiple groundfish and shrimp species as well as the status of benthic habitats, pelagic trawl surveys to assess Atlantic herring and Atlantic salmon stocks, dredge and video camera surveys to assess scallop stocks and habitat recovery, longline and gillnet surveys to research life history parameters and abundance of numerous shark species, and extensive cooperative research projects designed to address current or emerging VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 information needs of the commercial fishing industry such as bycatch reduction efforts and development of new fisheries. Many research activities also include active acoustic systems, plankton nets, and other oceanographic equipment that provide important data on the status and trends of marine ecosystems important for various fisheries and natural resource management processes. The NEFSC proposes to administer and conduct these survey programs over the five-year period. Several of these surveys also use active acoustic devices. A more detailed description of the fisheries research conducted by the NEFSC may be found in their application, which is available at: https://www.nmfs.noaa.gov/pr/permits/ incidental/research.htm. Information Solicited Interested persons may submit information, suggestions, and comments concerning the NEFSC’s request (see ADDRESSES). NMFS 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 the NEFSC, if appropriate. Dated: December 22, 2014. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2014–30349 Filed 12–22–14; 4:15 pm] BILLING CODE 3510–22–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican RepublicCentral America-United States Free Trade Agreement (‘‘CAFTA–DR Agreement’’) The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA–DR Agreement. AGENCY: DATES: Effective Date: December 29, 2014. The Committee for the Implementation of Textile Agreements (‘‘CITA’’) has determined that certain 100% polyester composite laminated fabric, as specified below, is not available in commercial quantities in a timely manner in the CAFTA–DR countries. The product will be added to SUMMARY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted quantities. FOR FURTHER INFORMATION CONTACT: Laurie Mease, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–2043. For Further Information On-Line: https://web.ita.doc.gov/tacgi/ CaftaReqTrack.nsf. under ‘‘Approved Requests,’’ Reference number: 194.2014.11.18.Fabric.ST&RforVFCorp SUPPLEMENTARY INFORMATION: Authority: The CAFTA–DR Agreement; Section 203(o)(4) of the Dominican RepublicCentral America-United States Free Trade Agreement Implementation Act (‘‘CAFTA– DR Implementation Act’’), Public Law 109– 53; the Statement of Administrative Action, accompanying the CAFTA–DR Implementation Act; and Presidential Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). Background The CAFTA–DR Agreement provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA–DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA–DR Agreement provides that this list may be modified pursuant to Article 3.25(4)-(5), when the President of the United States determines that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the territory of any Party. See Annex 3.25 of the CAFTA–DR Agreement; see also section 203(o)(4)(C) of the CAFTA–DR Implementation Act. The CAFTA–DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamations 7987 and 7996, the President delegated to CITA the authority under section 203(o)(4) of CAFTA–DR Implementation Act for modifying the Annex 3.25 list. Pursuant to this authority, on September 15, 2008, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any Party to CAFTA–DR (Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of the Dominican Republic-Central America-United States Free Trade Agreement, 73 FR 53200) (‘‘CITA’s procedures’’). E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78065-78066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30349]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD663


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Fisheries Research

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 NMFS Northeast Fisheries Science Center (NEFSC) for 
authorization to take small numbers of marine mammals incidental to 
conducting fisheries research, over the course of five years from the 
date of issuance. Pursuant to regulations implementing the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of the NEFSC's 
request under section 101(a)(5)(A) of the MMPA for the development and 
implementation of regulations governing the incidental taking of marine 
mammals. NMFS invites the public to provide information, suggestions, 
and comments on the NEFSC's application and request.

DATES: Comments and information must be received no later than January 
28, 2015.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, 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.Cody@noaa.gov. You must include 0648-XD663 in the 
subject line. NMFS is 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 25-megabyte file size.
    Instructions: All submitted comments are a part of the public 
record and NMFS will post them to https://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

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

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the NEFSC's application may be obtained by 
visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The NEFSC is concurrently releasing a draft 
Environmental Assessment, prepared pursuant to requirements of the 
National Environmental Policy Act, for the conduct of their fisheries 
research. A copy of the draft EA, which would also support our proposed 
rulemaking under the MMPA, is also available at: https://nefsc.noaa.gov/rcb/dpea/.

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 17, 2014, NMFS received an application from the NEFSC 
requesting authorization for take of marine mammals incidental to 
fisheries research conducted by the NEFSC. The requested regulations 
would be valid for five years from the date of issuance. The NEFSC 
plans to conduct fisheries research surveys in the Atlantic Ocean from 
the U.S.-Canada border to Florida. It is possible that marine mammals 
may interact with fishing gear (e.g., bottom and pelagic trawls, 
dredges, video cameras, long lines, and gillnets) used in NEFSC's 
fisheries research and cooperative research projects, resulting in 
injury, serious injury, or mortality. In addition, the NEFSC operates 
active

[[Page 78066]]

acoustic devices that have the potential to disturb marine mammals. 
Because the specified activities have the potential to take marine 
mammals present within these action areas, the NEFSC requests 
authorization to take multiple species of marine mammal that may occur 
in these areas.

Specified Activities

    The Federal Government has a responsibility to conserve and protect 
living marine resources in U.S. federal waters and has also entered 
into a number of international agreements and treaties related to the 
management of living marine resources in international waters outside 
the United States. NOAA has the primary responsibility for managing 
marine fin and shellfish species and their habitats, with that 
responsibility delegated within NOAA to NMFS.
    In order to direct and coordinate the collection of scientific 
information needed to make informed management decisions, Congress 
created six Regional Fisheries Science Centers, each a distinct 
organizational entity and the scientific focal point within NMFS for 
region-based federal fisheries-related research. This research is aimed 
at monitoring fish stock recruitment, abundance, survival and 
biological rates, geographic distribution of species and stocks, 
ecosystem process changes, and marine ecological research. The NEFSC is 
the research arm of NMFS in the Greater Atlantic Region. The NEFSC 
conducts research and provides scientific advice to manage fisheries 
and conserve protected species in two geographic research areas: Occurs 
in the Northeast U.S. Continental Shelf LME but also occurs in the 
Southeast U.S.

Continental Shelf LME and Adjacent Offshore Areas

    Research is aimed at monitoring fish stock recruitment, survival 
and biological rates, abundance and geographic distribution of species 
and stocks, and providing other scientific information needed to 
improve our understanding of complex marine ecological processes. 
Primary research activities include: Bottom trawl surveys to support 
assessments of multiple groundfish and shrimp species as well as the 
status of benthic habitats, pelagic trawl surveys to assess Atlantic 
herring and Atlantic salmon stocks, dredge and video camera surveys to 
assess scallop stocks and habitat recovery, longline and gillnet 
surveys to research life history parameters and abundance of numerous 
shark species, and extensive cooperative research projects designed to 
address current or emerging information needs of the commercial fishing 
industry such as bycatch reduction efforts and development of new 
fisheries. Many research activities also include active acoustic 
systems, plankton nets, and other oceanographic equipment that provide 
important data on the status and trends of marine ecosystems important 
for various fisheries and natural resource management processes. The 
NEFSC proposes to administer and conduct these survey programs over the 
five-year period. Several of these surveys also use active acoustic 
devices.
    A more detailed description of the fisheries research conducted by 
the NEFSC may be found in their application, which is available at: 
https://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the NEFSC's request (see ADDRESSES). NMFS 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 the NEFSC, if appropriate.

    Dated: December 22, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-30349 Filed 12-22-14; 4:15 pm]
BILLING CODE 3510-22-P
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