Takes of Marine Mammals Incidental to Specified Activities; Rehabilitation of the Jetty System at the Mouth of the Columbia River, Washington and Oregon, 65214-65215 [2015-27104]

Download as PDF 65214 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices 10. Reporting an Injured or Dead Marine Mammal Not Related to the Society’s Activities In the event that the Society discovers an injured or dead marine mammal, and the lead visual observer determines that the injury or death is not associated with or related to the authorized activities (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), the Society will report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, at 301–427–8401 and the Assistant Western Regional Stranding Coordinator at (562) 980– 3264, within 24 hours of the discovery. The Society’s staff will provide photographs or video footage (if available) or other documentation of the stranded animal sighting to us. 11. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein, or if the authorized taking is having a more than a negligible impact on the species or stock of affected marine mammals. Request for Public Comments NMFS requests comments on our analysis, the draft authorization, and any other aspect of this notice of proposed Authorization for the proposed activities. Please include any supporting data or literature citations with your comments to help inform our final decision on the Society’s request for an Authorization. Dated: October 20, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–27117 Filed 10–23–15; 8:45 am] The meeting will be held via webinar. Webinar connection details will be available at: http:// www.mafmc.org. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331 or on their Web site at www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The Council has undertaken a short-term collaborative research initiative and intends to provide funding for several projects that address specific, Councildefined collaborative research topics pertaining to mid-Atlantic fisheries. The purpose of this Collaborative Research Committee meeting is to develop a list of 4–6 research priorities which will be used to guide the solicitation of proposals and selection of projects to receive funding. A detailed agenda and background documents will be made available on the Council’s Web site (www.mafmc.org) prior to the meeting. ADDRESSES: Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526–5251, at least 5 days prior to the meeting date. Dated: October 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–27132 Filed 10–23–15; 8:45 am] BILLING CODE 3510–22–P BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Oceanic and Atmospheric Administration RIN 0648–XE252 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: The Mid-Atlantic Fishery Management Council’s (Council) Collaborative Research Committee will hold a public meeting. DATES: The meeting will be held on Friday, Nov. 13, 2015, from 9 a.m. to 12 p.m. SUMMARY: VerDate Sep<11>2014 18:53 Oct 23, 2015 Jkt 238001 Takes of Marine Mammals Incidental to Specified Activities; Rehabilitation of the Jetty System at the Mouth of the Columbia River, Washington and Oregon 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 has received a request from the U.S. Army Corps of Engineers, SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Portland District (Corps) for authorization to take marine mammals incidental to the rehabilitation of the jetty system at the mouth of the Columbia River (MCR) including the North Jetty, South Jetty, and Jetty A. The Corps is requesting a Letter of Authorization (LOA) for pile installation and removal associated with construction of temporary offloading facilities at the North Jetty, South Jetty, and Jetty A over the course of 5 years; approximately September 2017 through August 2022. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Corps’ request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Corps’ application and request. DATES: Comments and information must be received no later than November 25, 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. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Pauline@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to the Internet at http://www.nmfs.noaa.gov/ pr/permits/incidental/construction.htm without change. All personal identifying information (e.g., name, address) 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: Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Availability A copy of the Corps’ application may be obtained by writing to the address specified above (see ADDRESSES), telephoning the contact listed above (see E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices FOR FURTHER INFORMATION CONTACT), or asabaliauskas on DSK5VPTVN1PROD with NOTICES visiting the internet at: http:// www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified area, the incidental, but not intentional, taking of small numbers of marine mammals, providing that certain findings are made and the necessary prescriptions are established. The incidental taking of small numbers of marine mammals may be allowed only if NMFS (through authority delegated by the Secretary) finds that the total taking by the specified activity during the specified time period will (i) have a negligible impact on the species or stock(s) and (ii) not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). Further, the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking must be set forth, either in specific regulations or in an authorization. The allowance of such incidental taking under section 101(a)(5)(A), by harassment (which is defined to include behavioral harassment and injury), serious injury, death, or a combination thereof, requires that regulations be promulgated for the specific activity. Subsequently, a Letter of Authorization may be issued pursuant to the prescriptions established in such regulations, providing that the level of taking will be consistent with the findings made for the total taking allowable under the specific regulations. Under section 101(a)(5)(D), NMFS may authorize such incidental taking by harassment only, for periods of not more than one year, pursuant to requirements and conditions contained within an IHA. The proposed incidental take authorization and establishment of prescriptions through either specific regulations or an IHA requires notice and opportunity for public comment. 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, section 3(18) of the MMPA defines ‘‘harassment’’ as: ‘‘. . . any act of VerDate Sep<11>2014 18:53 Oct 23, 2015 Jkt 238001 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].’’ Activities such as those described in the application (e.g., pile driving) may result in the disturbance of marine mammals through disruption of behavioral patterns Summary of Request On February 13, 2015, NMFS received an application for a single multi-year project for the taking of marine mammals incidental to the rehabilitation of the North Jetty, South Jetty, and Jetty A at the MCR. NMFS issued an incidental harassment authorization (IHA) for the first year of the project on August 31, 2015 (80 FR 53777 September 8, 2015) allowing the take of specified marine mammals for work associated with the reconstruction of Jetty A only. The IHA is valid from May 1, 2016 through April 30, 2017. The Corps is seeking an LOA for this same project that would cover in-water work associated with continuation of Jetty A reconstruction as well as reconstruction of the North Jetty and South Jetty. The Corps has requested regulations to be effective for the period from approximately summer of 2017 through 2022. The Corps requested authorization to take marine mammals by Level B harassment only: Killer whale (Orcinus orca), Steller sea lion (Eumatopius jubatus), gray whale (Eschrichtius robustus), harbor porpoise (Phocoena phocoena), California sea lion (Zalophus californianus), and harbor seal (Phoca vitulina richardii). Specified Activities The Corps is proposing to conduct monitoring actions, repairs, and rehabilitation of the three rubble-mound jetty structures at the MCR. The three structures are referred to as North Jetty, South Jetty, and Jetty A. Initial work on Jetty A will be covered by an IHA which has already been issued. The Corps is requesting a LOA for remaining pile repairs and removal actions at Jetty A, for pile installation and removal at North Jetty, and for pile installation and removal at South Jetty. Pile installation and removal activities are required as part of the construction of four temporary barge offloading facilities. These facilities combined will require up to 96 piles with a maximum PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 65215 diameter of 24-inches and up to 373 sections of Z-piles to retain rock fill. They will be installed via vibratory installation. A full description of the activities proposed by the Corps is described in the application. Information Solicited Interested persons may submit information, suggestions, and comments concerning the Corps’ request (see ADDRESSES). All information, suggestions, and comments related to The Corps’ request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by the Corps will be considered by NMFS in developing, if appropriate, regulations governing the issuance of letters of authorization. Dated: October 20, 2015. Perry Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–27104 Filed 10–23–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Caribbean Fishery Management Council (CFMC); Public Hearings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public hearings on amendments to the U.S. Caribbean Reef fish, spiny lobster and corals and reef associated plants and invertebrates fishery management plans: timing of accountability measure-based closures. AGENCY: The CFMC is considering modifying the timing for the implementation of accountability measure based closures in the EEZ and specifying how often to revisit the modification. The Council is considering these management measures in order to ensure AM-based closures successfully achieve their conservation objective at the least cost to fishers and the fishing communities, consistent with National Standard 8 the Magnuson-Stevens Fishery Conservation and Management Act. Following are the actions and management alternatives: The Amendment consists of two actions: Action 1: Modify the timimg for the implementation of AM-based closures in the EEZ. SUMMARY: E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65214-65215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27104]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE252


Takes of Marine Mammals Incidental to Specified Activities; 
Rehabilitation of the Jetty System at the Mouth of the Columbia River, 
Washington and Oregon

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.

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SUMMARY: NMFS has received a request from the U.S. Army Corps of 
Engineers, Portland District (Corps) for authorization to take marine 
mammals incidental to the rehabilitation of the jetty system at the 
mouth of the Columbia River (MCR) including the North Jetty, South 
Jetty, and Jetty A. The Corps is requesting a Letter of Authorization 
(LOA) for pile installation and removal associated with construction of 
temporary offloading facilities at the North Jetty, South Jetty, and 
Jetty A over the course of 5 years; approximately September 2017 
through August 2022. Pursuant to regulations implementing the Marine 
Mammal Protection Act (MMPA), NMFS is announcing receipt of the Corps' 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on the Corps' application and request.

DATES: Comments and information must be received no later than November 
25, 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. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent to ITP.Pauline@noaa.gov.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm without 
change. All personal identifying information (e.g., name, address) 
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: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Availability

    A copy of the Corps' application may be obtained by writing to the 
address specified above (see ADDRESSES), telephoning the contact listed 
above (see

[[Page 65215]]

FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified area, the incidental, but not intentional, 
taking of small numbers of marine mammals, providing that certain 
findings are made and the necessary prescriptions are established.
    The incidental taking of small numbers of marine mammals may be 
allowed only if NMFS (through authority delegated by the Secretary) 
finds that the total taking by the specified activity during the 
specified time period will (i) have a negligible impact on the species 
or stock(s) and (ii) not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). Further, the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such taking 
must be set forth, either in specific regulations or in an 
authorization.
    The allowance of such incidental taking under section 101(a)(5)(A), 
by harassment (which is defined to include behavioral harassment and 
injury), serious injury, death, or a combination thereof, requires that 
regulations be promulgated for the specific activity. Subsequently, a 
Letter of Authorization may be issued pursuant to the prescriptions 
established in such regulations, providing that the level of taking 
will be consistent with the findings made for the total taking 
allowable under the specific regulations. Under section 101(a)(5)(D), 
NMFS may authorize such incidental taking by harassment only, for 
periods of not more than one year, pursuant to requirements and 
conditions contained within an IHA. The proposed incidental take 
authorization and establishment of prescriptions through either 
specific regulations or an IHA requires notice and opportunity for 
public comment.
    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, section 3(18) of 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].''
    Activities such as those described in the application (e.g., pile 
driving) may result in the disturbance of marine mammals through 
disruption of behavioral patterns

Summary of Request

    On February 13, 2015, NMFS received an application for a single 
multi-year project for the taking of marine mammals incidental to the 
rehabilitation of the North Jetty, South Jetty, and Jetty A at the MCR. 
NMFS issued an incidental harassment authorization (IHA) for the first 
year of the project on August 31, 2015 (80 FR 53777 September 8, 2015) 
allowing the take of specified marine mammals for work associated with 
the reconstruction of Jetty A only. The IHA is valid from May 1, 2016 
through April 30, 2017. The Corps is seeking an LOA for this same 
project that would cover in-water work associated with continuation of 
Jetty A reconstruction as well as reconstruction of the North Jetty and 
South Jetty. The Corps has requested regulations to be effective for 
the period from approximately summer of 2017 through 2022. The Corps 
requested authorization to take marine mammals by Level B harassment 
only: Killer whale (Orcinus orca), Steller sea lion (Eumatopius 
jubatus), gray whale (Eschrichtius robustus), harbor porpoise (Phocoena 
phocoena), California sea lion (Zalophus californianus), and harbor 
seal (Phoca vitulina richardii).

Specified Activities

    The Corps is proposing to conduct monitoring actions, repairs, and 
rehabilitation of the three rubble-mound jetty structures at the MCR. 
The three structures are referred to as North Jetty, South Jetty, and 
Jetty A. Initial work on Jetty A will be covered by an IHA which has 
already been issued. The Corps is requesting a LOA for remaining pile 
repairs and removal actions at Jetty A, for pile installation and 
removal at North Jetty, and for pile installation and removal at South 
Jetty. Pile installation and removal activities are required as part of 
the construction of four temporary barge offloading facilities. These 
facilities combined will require up to 96 piles with a maximum diameter 
of 24-inches and up to 373 sections of Z-piles to retain rock fill. 
They will be installed via vibratory installation. A full description 
of the activities proposed by the Corps is described in the 
application.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the Corps' request (see ADDRESSES). All 
information, suggestions, and comments related to The Corps' request 
and NMFS' potential development and implementation of regulations 
governing the incidental taking of marine mammals by the Corps will be 
considered by NMFS in developing, if appropriate, regulations governing 
the issuance of letters of authorization.

    Dated: October 20, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-27104 Filed 10-23-15; 8:45 am]
BILLING CODE 3510-22-P