Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research, 75997-75998 [2015-30760]

Download as PDF Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 7. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein, or if NMFS determines the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals. Request for Public Comments We request comment on our analyses, the draft authorization, and any other aspect of this Notice of Proposed IHAs for Navy’s wharf construction activities. Please include with your comments any supporting data or literature citations to help inform our final decision on Navy’s request for an MMPA authorization. Dated: December 2, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–30745 Filed 12–4–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE341 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research Availability National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for Letters of Authorization; request for comments and information. AGENCY: NMFS’ Office of Protected Resources has received a request from the NMFS Pacific Islands Fisheries Science Center (PIFSC) 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 PIFSC’s request 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 PIFSC’s application and request. DATES: Comments and information must be received no later than January 6, 2016. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and ADDRESSES: VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 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.Laws@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 www.nmfs.noaa.gov/pr/ permits/incidental/research.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: Ben Laws, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: An electronic copy of the PIFSC’s application may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/ permits/incidental/research.htm. The PIFSC 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 available at the same Web site. 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 75997 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 November 30, 2015, NMFS received an adequate and complete application from the PIFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the PIFSC. The requested regulations would be valid for five years from the date of issuance. The PIFSC plans to conduct fisheries research surveys in multiple geographic regions within the Pacific Ocean, including Hawaii, Samoa, the Marianas, and the western and central Pacific broadly (including the Pacific Remote Island Area). It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in PIFSC’s fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the PIFSC operates active 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 PIFSC 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 E:\FR\FM\07DEN1.SGM 07DEN1 75998 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 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 PIFSC is the research arm of NMFS in the Pacific Islands. 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. The PIFSC proposes to administer and conduct these survey programs over the five-year period. Information Solicited Interested persons may submit information, suggestions, and comments concerning the PIFSC’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 PIFSC, if appropriate. Dated: December 2, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015–30760 Filed 12–4–15; 8:45 am] BILLING CODE 3510–22–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade Agreement mstockstill on DSK4VPTVN1PROD with NOTICES December 7, 2015. Committee for the Implementation of Textile Agreements (CITA). ACTION: Request for public comments concerning a request for modification of the U.S.-Morocco Free Trade Agreement (USMFTA) rules of origin for 100% rayon woven fabric. AGENCY: VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 On November 16, 2015, the Government of the United States received a request from American Eagle Outfitters (AEO) to initiate consultations with the Government of Morocco under Article 4.3.3 of the USMFTA. AEO is requesting that the United States and Morocco consider revising the rules of origin for women’s and girls’ woven garments to address availability of supply of 100% rayon woven fabric in the territories of the Parties. The President may proclaim a modification to the USMFTA rules of origin for textile and apparel products after reaching an agreement with the Government of Morocco on the modification. CITA hereby solicits public comments on this request, in particular with regard to whether 100% rayon woven fabric of Harmonized Tariff Schedule of the United States (HTSUS) subheading 5408 can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be submitted by January 6, 2016 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Maria D’Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–1550. SUPPLEMENTARY INFORMATION: SUMMARY: Authority: Section 203 (j)(2)(B)(i) of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note) (USMFTA Implementation Act); Executive Order 11651 of March 3, 1972, as amended. Background: Under the USMFTA, except as otherwise provided in the USMFTA, the Parties are required to progressively eliminate customs duties on originating goods in accordance with their schedules. See Article 2.3.2. The USMFTA provides that, on the request of either Party, the Parties shall consult to consider whether the rules of origin applicable to a particular textile or apparel good should be revised to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. See Article 4.3.3 of the USMFTA. In the consultations, each Party must consider data presented by the other Party showing substantial production in its territory of a particular fiber, yarn, or fabric. Substantial production has been shown if domestic producers are capable of supplying commercial quantities of the fiber, yarn, or fabric in a timely manner. See Article 4.3.4 of the USMFTA. The USMFTA Implementation Act provides the President with the PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 authority to proclaim as part of the HTSUS, modifications to the USMFTA rules of origin set out in Annex 4–A of the USMFTA as are necessary to implement the USMFTA after complying with the consultation and layover requirements of Section 104 of the USMFTA Implementation Act. See Section 203(j)(2)(B)(i) of the USMFTA Implementation Act. Executive Order 11651 established CITA to supervise the implementation of textile trade agreements and authorizes the Chairman of CITA to take actions or recommend that appropriate officials or agencies of the United States take actions necessary to implement textile trade agreements. 37 FR 4699 (March 4, 1972). On November 16, 2015, the Government of the United States received a request from AEO, alleging that 100% rayon woven fabric cannot be supplied by the domestic or Moroccan industry in commercial quantities in a timely manner and requesting that the United States consider whether the USMFTA rule of origin for women’s and girls’ woven garments, classified under HTSUS chapter 62, should be modified to allow the use of non-U.S. and nonMoroccan 100% woven rayon fabric classified in subheading 5408 of the HTSUS. CITA is soliciting public comments regarding this request, particularly with respect to whether 100% rayon woven fabric described above can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be received no later than January 6, 2016. Interested persons are invited to submit six copies of such comments or information to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, DC 20230. CITA will protect any business confidential information that is marked business confidential from disclosure to the full extent permitted by law. CITA will make available to the public nonconfidential versions of the request and non-confidential versions of any public comments received with respect to a request in room 3001 in the Herbert Hoover Building, 14th and Constitution Avenue NW., Washington, DC 20230. Persons submitting comments on a request are encouraged to include a non- E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75997-75998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30760]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE341


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 Letters of Authorization; 
request for comments and information.

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

SUMMARY: NMFS' Office of Protected Resources has received a request 
from the NMFS Pacific Islands Fisheries Science Center (PIFSC) 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 PIFSC's 
request 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 PIFSC's 
application and request.

DATES: Comments and information must be received no later than January 
6, 2016.

ADDRESSES: Comments on the applications 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.Laws@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 
www.nmfs.noaa.gov/pr/permits/incidental/research.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: Ben Laws, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the PIFSC's application may be obtained by 
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The PIFSC 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 available at the same Web site.

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 November 30, 2015, NMFS received an adequate and complete 
application from the PIFSC requesting authorization for take of marine 
mammals incidental to fisheries research conducted by the PIFSC. The 
requested regulations would be valid for five years from the date of 
issuance. The PIFSC plans to conduct fisheries research surveys in 
multiple geographic regions within the Pacific Ocean, including Hawaii, 
Samoa, the Marianas, and the western and central Pacific broadly 
(including the Pacific Remote Island Area). It is possible that marine 
mammals may interact with fishing gear (e.g., trawls nets, longlines) 
used in PIFSC's fisheries research projects, resulting in injury, 
serious injury, or mortality. In addition, the PIFSC operates active 
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 PIFSC 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

[[Page 75998]]

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 PIFSC is 
the research arm of NMFS in the Pacific Islands.
    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. The 
PIFSC proposes to administer and conduct these survey programs over the 
five-year period.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the PIFSC'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 PIFSC, if appropriate.

    Dated: December 2, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-30760 Filed 12-4-15; 8:45 am]
BILLING CODE 3510-22-P