Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 43719-43720 [2015-18054]
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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Notices
period. Total hammer time is scheduled
to occur over 128 days between July 15,
2015 and July 14, 2016. These localized
and short-term noise exposures may
cause brief startle reactions or shortterm behavioral modification by the
animals. These reactions and behavioral
changes are expected to subside quickly
when the exposures cease. Moreover,
the proposed mitigation and monitoring
measures are expected to reduce
potential exposures and behavioral
modifications even further.
Additionally, no important feeding and/
or reproductive areas for marine
mammals are known to be near the
proposed action area. Therefore, the
take resulting from this CALTRANS
project is not reasonably expected to
and is not reasonably likely to adversely
affect the marine mammal species or
stocks through effects on annual rates of
recruitment or survival and, therefore,
will have a negligible impact on the
affected species or stocks.
The project also is not expected to
have significant adverse effects on
affected marine mammals’ habitat, as
analyzed in detail in the ‘‘Anticipated
Effects on Marine Mammal Habitat’’
section. The project activities would not
modify existing marine mammal habitat.
The activities may cause some fish to
leave the area of disturbance, thus
temporarily impacting marine
mammals’ foraging opportunities in a
limited portion of the foraging range;
but, because of the short duration of the
activities and the relatively small area of
the habitat that may be affected, the
impacts to marine mammal habitat are
not expected to cause significant or
long-term negative consequences.
In summary, this negligible impact
analysis is founded on the following
factors: (1) The possibility of injury,
serious injury, or mortality may
reasonably be considered discountable;
(2) the anticipated incidents of Level B
harassment consist of, at worst,
temporary modifications in behavior
with no significant adverse impacts on
habitat and; (3) the presumed efficacy of
the proposed mitigation measures in
reducing the effects of the specified
activity to the level of least practicable
impact. In combination, we believe that
these factors, as well as the available
body of evidence from other similar
activities, demonstrate that the potential
effects of the specified activity will have
only short-term effects on individuals.
The specified activity is not expected to
impact rates of recruitment or survival
and will therefore not result in
population-level impacts.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
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and their habitat, and taking into
consideration the implementation of the
proposed monitoring and mitigation
measures, NMFS finds that the total
marine mammal take from CALTRANS’
construction of a replacement bridge for
the East Span of the SF–OBB will have
a negligible impact on the affected
marine mammal species or stocks.
Small Numbers Analysis
Table 2 demonstrates the number of
animals that could be exposed to
received noise levels that could cause
Level B behavioral harassment for the
proposed work associated with the
replacement bridge construction. These
numbers represent 1.5%, <0.01%,
<0.01% and 0.10% of the California
stock harbor seal, the U.S. stock
California sea lion, the Eastern North
Pacific stock gray whale, and the San
Francisco-Russian River stock harbor
porpoise, respectively (Table 3).
The numbers of animals authorized to
be taken for all species are small relative
to the relevant stocks or populations
even if each estimated taking occurred
to a new individual—an extremely
unlikely scenario. For pinnipeds
occurring in the vicinity of the SF–OBB
project, there will almost certainly be
some overlap in individuals present
day-to-day, and these takes are likely to
occur only within some small portion of
the overall regional stock, such as the
number of harbor seals that regularly
use nearby haul-out rocks.
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,
which are expected to reduce the
number of marine mammals potentially
affected by the proposed action, 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 subsistence uses of
marine mammals in the proposed
project area; and, thus, no subsistence
uses impacted by this action.
Endangered Species Act (ESA)
No marine mammal species listed
under the ESA are expected to be
affected by these activities. Therefore,
we have determined that a section 7
consultation under the ESA is not
required.
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43719
National Environmental Policy Act
(NEPA)
NMFS’ prepared an Environmental
Assessment (EA) for the take of marine
mammals incidental to construction of
the East Span of the SF–OBB and made
a Finding of No Significant Impact
(FONSI) on November 4, 2003. Due to
the modification of part of the
construction project and the mitigation
measures, NMFS reviewed additional
information from CALTRANS regarding
empirical measurements of pile driving
noises for the smaller temporary piles
without an air bubble curtain system
and the use of vibratory pile driving.
NMFS prepared a Supplemental
Environmental Assessment (SEA) and
analyzed the potential impacts to
marine mammals that would result from
the modification of the action. A
Finding of No Significant Impact
(FONSI) was signed on August 5, 2009.
A copy of the SEA and FONSI is
available upon request.
Authorization
As a result of these determinations,
we have issued an IHA to CALTRANS
for conducting the described activities
related to the construction of the East
Span of the San Francisco-Oakland Bay
Bridge, from July 15, 2015 through July
14, 2016 provided the previously
described mitigation, monitoring, and
reporting requirements are incorporated.
Dated: July 16, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2015–18021 Filed 7–22–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE040
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; General
Provisions for Domestic Fisheries;
Application for Exempted Fishing
Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The NMFS Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, has made a
preliminary determination that an
Exempted Fishing Permit renewal
application from the Commercial
SUMMARY:
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43720
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Notices
Fisheries Research Foundation contains
all of the required information and
warrants further consideration; and that
the activities authorized under the
Exempted Fishing Permit would be
consistent with the goals and objectives
of the Interstate Fisheries Management
Plan for American lobster. Regulations
under the Magnuson-Stevens Fishery
Conservation and Management Act and
the Atlantic Coastal Fisheries
Cooperative Management Act require
publication of this notification to
provide interested parties the
opportunity to comment on Exempted
Fishing Permit applications.
DATES: Comments must be received on
or before August 7, 2015.
ADDRESSES: Written comments on this
notice may be submitted by the
following methods:
• Email to: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘Comments
on CFRF Lobster EFP.’’
• Mail to: John K. Bullard, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on CFRF Lobster EFP.’’
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, NOAA Affiliate, 978–
281–9180.
SUPPLEMENTARY INFORMATION: The
Commercial Fisheries Research
Foundation (CFRF) submitted a
complete application for a 2-year
renewal to an existing Exempted
Fishing Permit (EFP) on June 25, 2015.
The purpose of this study is to test
electronic data collection while
conducting research on the abundance
and distribution of juvenile American
lobster. Funding for this study will be
provided through a NOAA grant, as part
of the Saltonstall-Kennedy Grant
Program. The EFP proposes to use a
total of 36 ventless, untagged traps in
Lobster Management Areas 2 and 3;
covering statistical areas 464, 465, 512,
515, 522, 525, 526, 537, 561, 562, 613,
615, and 616. Maps depicting these
areas are available on request.
The study would take place during
regular fishing activity on 12 federally
permitted commercial fishing vessels; 6
vessels in each of the two management
areas. Sampling would occur during
scheduled fishing trips on each vessel
once per week in Area 2, and once every
10 days in Area 3. If an EFP extension
is granted, there would be an additional
36 modified, untagged traps in the water
during any given time, for a period of
two years. Each participating vessel
would have up to three modified traps
attached to a regular trap trawl.
Modifications to a conventional lobster
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trap would include a closed escape
vent, single parlor, and smaller mesh
size and entrance head.
The CFRF is requesting exemptions
from the following Federal lobster
regulations:
• Gear specifications in 50 CFR
697.21(c) to allow for closed escape
vents, and smaller mesh and entrance
heads;
• Trap limits as listed in 50 CFR
697.19(b) for Area 2, and 50 CFR
697.19(c) for Area 3, to be exceeded by
3 additional traps per fishing vessel for
a total of 36 additional traps;
• Trap tag requirements, as specified
in 50 CFR 697.19(i), to allow for the use
of untagged traps; and
• Possession restrictions in 50 CFR
697.20(a), to allow for onboard
biological sampling of juvenile, vnotched, and egg-bearing lobsters.
All lobsters caught by modified gear
would remain onboard for a short
period of time to allow for biological
sampling and data collection, after
which they would be returned to the
water. Biological information will be
collected on both kept and discarded
lobsters, including: Carapace length;
sex; and presence of eggs, v-notches,
and shell disease. This study would use
several data recording devices,
including electronic calipers for length
measurements, video cameras, and
waterproof tablets. Once the vessels
return to shore, data would be relayed
to a central database and made available
via the Atlantic Coastal Cooperative
Statistic Program.
If approved, CFRF may request minor
modifications and extensions to the EFP
throughout the study period. EFP
modifications and extensions may be
granted without further notice if they
are deemed essential to facilitate
completion of the proposed research
and have minimal impacts that do not
change the scope or impact of the
initially approved EFP request. Any
fishing activity conducted outside the
scope of the exempted fishing activity
would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 17, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–18054 Filed 7–22–15; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD977
Taking of Marine Mammals Incidental
to Specified Activities: Mukilteo
Multimodal Project Tank Farm Pier
Removal
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments and information.
AGENCY:
Pursuant to the Marine
Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal
to issue an authorization to WSF to
incidentally take, by harassment, small
numbers of marine mammals for a
period of 1 year.
DATES: Comments and information must
be received no later than August 24,
2015.
SUMMARY:
Comments on the
application should be addressed to
Robert Pauline, Office of Protected
Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver
Spring, MD 20910. The mailbox address
for providing email comments is
itp.pauline@noaa.gov. 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 comments received
are a part of the public record and will
generally be posted to https://
www.nmfs.noaa.gov/pr/permits/
incidental.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.
A copy of the application may be
obtained by writing to the address
specified above or visiting the internet
at: https://www.nmfs.noaa.gov/pr/
permits/incidental/construction.htm.
Documents cited in this notice may also
be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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Agencies
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Notices]
[Pages 43719-43720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18054]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE040
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
General Provisions for Domestic Fisheries; Application for Exempted
Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The NMFS Assistant Regional Administrator for Sustainable
Fisheries, Greater Atlantic Region, has made a preliminary
determination that an Exempted Fishing Permit renewal application from
the Commercial
[[Page 43720]]
Fisheries Research Foundation contains all of the required information
and warrants further consideration; and that the activities authorized
under the Exempted Fishing Permit would be consistent with the goals
and objectives of the Interstate Fisheries Management Plan for American
lobster. Regulations under the Magnuson-Stevens Fishery Conservation
and Management Act and the Atlantic Coastal Fisheries Cooperative
Management Act require publication of this notification to provide
interested parties the opportunity to comment on Exempted Fishing
Permit applications.
DATES: Comments must be received on or before August 7, 2015.
ADDRESSES: Written comments on this notice may be submitted by the
following methods:
Email to: nmfs.gar.efp@noaa.gov. Include in the subject
line ``Comments on CFRF Lobster EFP.''
Mail to: John K. Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
CFRF Lobster EFP.''
FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, NOAA Affiliate, 978-
281-9180.
SUPPLEMENTARY INFORMATION: The Commercial Fisheries Research Foundation
(CFRF) submitted a complete application for a 2-year renewal to an
existing Exempted Fishing Permit (EFP) on June 25, 2015. The purpose of
this study is to test electronic data collection while conducting
research on the abundance and distribution of juvenile American
lobster. Funding for this study will be provided through a NOAA grant,
as part of the Saltonstall-Kennedy Grant Program. The EFP proposes to
use a total of 36 ventless, untagged traps in Lobster Management Areas
2 and 3; covering statistical areas 464, 465, 512, 515, 522, 525, 526,
537, 561, 562, 613, 615, and 616. Maps depicting these areas are
available on request.
The study would take place during regular fishing activity on 12
federally permitted commercial fishing vessels; 6 vessels in each of
the two management areas. Sampling would occur during scheduled fishing
trips on each vessel once per week in Area 2, and once every 10 days in
Area 3. If an EFP extension is granted, there would be an additional 36
modified, untagged traps in the water during any given time, for a
period of two years. Each participating vessel would have up to three
modified traps attached to a regular trap trawl. Modifications to a
conventional lobster trap would include a closed escape vent, single
parlor, and smaller mesh size and entrance head.
The CFRF is requesting exemptions from the following Federal
lobster regulations:
Gear specifications in 50 CFR 697.21(c) to allow for
closed escape vents, and smaller mesh and entrance heads;
Trap limits as listed in 50 CFR 697.19(b) for Area 2, and
50 CFR 697.19(c) for Area 3, to be exceeded by 3 additional traps per
fishing vessel for a total of 36 additional traps;
Trap tag requirements, as specified in 50 CFR 697.19(i),
to allow for the use of untagged traps; and
Possession restrictions in 50 CFR 697.20(a), to allow for
onboard biological sampling of juvenile, v-notched, and egg-bearing
lobsters.
All lobsters caught by modified gear would remain onboard for a
short period of time to allow for biological sampling and data
collection, after which they would be returned to the water. Biological
information will be collected on both kept and discarded lobsters,
including: Carapace length; sex; and presence of eggs, v-notches, and
shell disease. This study would use several data recording devices,
including electronic calipers for length measurements, video cameras,
and waterproof tablets. Once the vessels return to shore, data would be
relayed to a central database and made available via the Atlantic
Coastal Cooperative Statistic Program.
If approved, CFRF may request minor modifications and extensions to
the EFP throughout the study period. EFP modifications and extensions
may be granted without further notice if they are deemed essential to
facilitate completion of the proposed research and have minimal impacts
that do not change the scope or impact of the initially approved EFP
request. Any fishing activity conducted outside the scope of the
exempted fishing activity would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 17, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-18054 Filed 7-22-15; 8:45 am]
BILLING CODE 3510-22-P