Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research, 68512-68513 [2015-28221]

Download as PDF 68512 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.4 On October 30, 2015, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on barium chloride from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Dated: October 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Scope of the Order RIN 0648–XE268 The merchandise covered by the order is barium chloride, a chemical compound having the formulas BaCl2 or BaCl2–2H2O, currently classifiable under item number 2827.39.45.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’).6 Although the HTSUS item number is provided for convenience and for U.S. Customs and Border Protection purposes, the written description remains dispositive. Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research Continuation of the Order SUMMARY: jstallworth on DSK7TPTVN1PROD with NOTICES As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD order on barium chloride from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This fiveyear (‘‘sunset’’) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. 4 See Barium Chloride from the People’s Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 80 FR 36973 (June 29, 2015) and accompanying Issues and Decision Memorandum. 5 See Barium Chloride From China: Determination, 80 FR 66935 (October 30, 2015); see also Barium Chloride from China (Inv. No. 731– TA–149 (Fourth Review), USITC Publication 4574 (October 2015)). 6 The scope reflects the HTSUS item number currently in effect. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 [FR Doc. 2015–28250 Filed 11–4–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of Letters of Authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that Letters of Authorization (LOA) have been issued to the NMFS Southwest Fisheries Science Center (SWFSC) for the take of marine mammals incidental to fisheries research conducted in multiple specified geographical regions. DATES: Effective from October 30, 2015, through October 29, 2020. ADDRESSES: The LOAs and supporting documentation are available on the Internet at: www.nmfs.noaa.gov/pr/ permits/incidental/research.htm. In case of problems accessing these documents, please call the contact listed above (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: 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, 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) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings 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 April 25, 2013, we received an adequate and complete request from SWFSC for authorization to take marine mammals incidental to fisheries research activities. On February 13, 2015 (80 FR 8166), we published a notice of proposed rulemaking in the Federal Register, requesting comments and information related to the SWFSC request for thirty days. The final rule was published in the Federal Register on September 30, 2015 (80 FR 58982). For detailed information on this action, please refer to those documents. The regulations include mitigation, monitoring, and reporting requirements for the incidental take of marine mammals during fisheries research activities in three separate specified geographic regions. SWFSC conducts fisheries research using pelagic trawl gear used at various levels in the water column, pelagic longlines with multiple hooks, bottomcontact trawls, and other gear. If a marine mammal interacts with gear deployed by SWFSC, the outcome could potentially be Level A harassment, serious injury (i.e., any injury that will likely result in mortality), or mortality. We pooled the estimated number of incidents of take resulting from gear interactions and assessed the potential impacts accordingly. SWFSC also uses various active acoustic devices in the conduct of fisheries research, and use of E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices these devices has the potential to result in Level B harassment of marine mammals. Level B harassment of pinnipeds hauled out on ice may also occur, in the Antarctic only, as a result of visual disturbance from vessels conducting SWFSC research. The SWFSC conducts fisheries research surveys in the California Current Ecosystem (CCE), the Eastern Tropical Pacific (ETP), and the Antarctic Marine Living Resources Ecosystem (AMLR). As required by the MMPA, SWFSC’s request was considered separately for each specified geographical region, and three separate LOAs have been issued. In the CCE, SWFSC is authorized to take individuals of seventeen species by Level A harassment, serious injury, or mortality (M/SI + Level A) and of 34 species by Level B harassment. In the ETP, SWFSC is authorized to take individuals of eleven species by M/SI + Level A and of 31 species by Level B harassment. In the AMLR, SWFSC is authorized to take individuals of seventeen species by Level B harassment. No takes by M/SI + Level A are anticipated in the AMLR. jstallworth on DSK7TPTVN1PROD with NOTICES Authorization We have issued LOAs to SWFSC authorizing the take of marine mammals incidental to fishery research activities, as described above. Take of marine mammals will be minimized through implementation of the following mitigation measures: (1) Implementation of a ‘‘move-on’’ rule in certain circumstances that is expected to reduce the potential for physical interaction with marine mammals; (2) use of a marine mammal excluder device in certain trawl nets; and (3) use of acoustic deterrent devices on certain trawl nets. Additionally, the rule includes an adaptive management component that allows for timely modification of mitigation or monitoring measures based on new information, when appropriate. The SWFSC will submit reports as required. Based on these findings and the information discussed in the preamble to the final rule, the activities described under these LOAs will have a negligible impact on marine mammal stocks and will not have an unmitigable adverse impact on the availability of the affected marine mammal stock for subsistence uses. Dated: November 2, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–28221 Filed 11–4–15; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 68513 1917 (fax) or Delisse Ortiz at 240–681– 9037. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The Administration Atlantic shark fisheries are managed under the authority of the MagnusonRIN 0648–XE244 Stevens Fishery Conservation and Atlantic Highly Migratory Species; Management Act (Magnuson-Stevens Atlantic Shark Management Measures; Act). The Consolidated HMS Fishery 2016 Research Fishery Management Plan (FMP) is implemented by regulations at 50 CFR AGENCY: National Marine Fisheries part 635. Service (NMFS), National Oceanic and The shark research fishery was Atmospheric Administration (NOAA), established, in part, to maintain time Commerce. series data for stock assessments and to ACTION: Notice of intent; request for meet NMFS’ research objectives. Since applications. the shark research fishery was established in 2008, the research fishery SUMMARY: NMFS announces its request has allowed for: The collection of for applications for the 2016 shark fishery-dependent data for current and research fishery from commercial shark future stock assessments; the operation fishermen with directed or incidental of cooperative research to meet NMFS’ shark limited access permits. The shark research fishery allows for the collection ongoing research objectives; the of fishery-dependent and biological data collection of updated life-history for future stock assessments and to meet information used in the sandbar shark (and other species) stock assessment; the research objectives of the Agency. The only commercial vessels authorized the collection of data on habitat preferences that might help reduce to land sandbar sharks are those fishery interactions through bycatch participating in the shark research mitigation; evaluation of the utility of fishery. Shark research fishery the mid-Atlantic closed area on the permittees may also land other large recovery of dusky sharks and collection coastal sharks (LCS), small coastal of hook-timer and pop-up satellite sharks (SCS), and pelagic sharks. archival tag (PSAT) information to Commercial shark fishermen who are determine at-vessel and post-release interested in participating in the shark mortality of dusky sharks; and research fishery need to submit a collection of sharks to determine the completed Shark Research Fishery weight conversion factor from dressed Permit Application in order to be weight to whole weight. considered. The shark research fishery allows DATES: Shark Research Fishery selected commercial fishermen the Applications must be received no later opportunity to earn revenue from selling than 5 p.m., local time, on December 7, additional sharks, including sandbar 2015. sharks. Only the commercial shark ADDRESSES: Please submit completed fishermen selected to participate in the applications to the HMS Management shark research fishery are authorized to Division at: land sandbar sharks subject to the ´ • Mail: Attn: Guy DuBeck, HMS sandbar quota available each year. The Management Division (F/SF1), NMFS, base quota is 90.7 metric tons (mt) 1315 East-West Highway, Silver Spring, dressed weight (dw), although this MD 20910. number may be reduced in the event of • Fax: (301) 713–1917. overharvests, if any. The selected shark • Email: NMFS.Research.Fishery@ research fishery permittees will also be noaa.gov. allowed to land other LCS, SCS, and For copies of the Shark Research pelagic sharks per any restrictions Fishery Permit Application, please write established on their shark research to the HMS Management Division at the fishery permit. Generally, the shark address listed above, call (301) 427– research fishery permits are valid only 8503 (phone), or fax a request to (301) for the calendar year for which they are 713–1917. Copies of the Shark Research issued. Fishery Application are also available at The specific 2016 trip limits and the HMS Web site at http:// number of trips per month will depend www.nmfs.noaa.gov/sfa/hms/index.htm. on the availability of funding, number of Additionally, please be advised that selected vessels, the availability of your application may be released under observers, the available quota, and the the Freedom of Information Act. objectives of the research fishery and will be included in the permit terms at FOR FURTHER INFORMATION CONTACT: ´ Karyl Brewster-Geisz or Guy DuBeck, at time of issuance. The number of participants in the research fishery (301) 427–8503 (phone) or (301) 713– DEPARTMENT OF COMMERCE PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68512-68513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28221]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE268


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Southwest Fisheries Science Center Fisheries Research

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

ACTION: Notice of issuance of Letters of Authorization.

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

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that Letters of Authorization (LOA) have been issued to the NMFS 
Southwest Fisheries Science Center (SWFSC) for the take of marine 
mammals incidental to fisheries research conducted in multiple 
specified geographical regions.

DATES: Effective from October 30, 2015, through October 29, 2020.

ADDRESSES: The LOAs and supporting documentation are available on the 
Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In 
case of problems accessing these documents, please call the contact 
listed above (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION:

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, 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) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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 April 25, 2013, we received an adequate and complete request 
from SWFSC for authorization to take marine mammals incidental to 
fisheries research activities. On February 13, 2015 (80 FR 8166), we 
published a notice of proposed rulemaking in the Federal Register, 
requesting comments and information related to the SWFSC request for 
thirty days. The final rule was published in the Federal Register on 
September 30, 2015 (80 FR 58982). For detailed information on this 
action, please refer to those documents. The regulations include 
mitigation, monitoring, and reporting requirements for the incidental 
take of marine mammals during fisheries research activities in three 
separate specified geographic regions.
    SWFSC conducts fisheries research using pelagic trawl gear used at 
various levels in the water column, pelagic longlines with multiple 
hooks, bottom-contact trawls, and other gear. If a marine mammal 
interacts with gear deployed by SWFSC, the outcome could potentially be 
Level A harassment, serious injury (i.e., any injury that will likely 
result in mortality), or mortality. We pooled the estimated number of 
incidents of take resulting from gear interactions and assessed the 
potential impacts accordingly. SWFSC also uses various active acoustic 
devices in the conduct of fisheries research, and use of

[[Page 68513]]

these devices has the potential to result in Level B harassment of 
marine mammals. Level B harassment of pinnipeds hauled out on ice may 
also occur, in the Antarctic only, as a result of visual disturbance 
from vessels conducting SWFSC research.
    The SWFSC conducts fisheries research surveys in the California 
Current Ecosystem (CCE), the Eastern Tropical Pacific (ETP), and the 
Antarctic Marine Living Resources Ecosystem (AMLR). As required by the 
MMPA, SWFSC's request was considered separately for each specified 
geographical region, and three separate LOAs have been issued. In the 
CCE, SWFSC is authorized to take individuals of seventeen species by 
Level A harassment, serious injury, or mortality (M/SI + Level A) and 
of 34 species by Level B harassment. In the ETP, SWFSC is authorized to 
take individuals of eleven species by M/SI + Level A and of 31 species 
by Level B harassment. In the AMLR, SWFSC is authorized to take 
individuals of seventeen species by Level B harassment. No takes by M/
SI + Level A are anticipated in the AMLR.

Authorization

    We have issued LOAs to SWFSC authorizing the take of marine mammals 
incidental to fishery research activities, as described above. Take of 
marine mammals will be minimized through implementation of the 
following mitigation measures: (1) Implementation of a ``move-on'' rule 
in certain circumstances that is expected to reduce the potential for 
physical interaction with marine mammals; (2) use of a marine mammal 
excluder device in certain trawl nets; and (3) use of acoustic 
deterrent devices on certain trawl nets. Additionally, the rule 
includes an adaptive management component that allows for timely 
modification of mitigation or monitoring measures based on new 
information, when appropriate. The SWFSC will submit reports as 
required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under these LOAs 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: November 2, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-28221 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-22-P