Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Waterfront Construction, 8048-8049 [2016-03213]

Download as PDF 8048 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices 2. Report on Ongoing Exempted Fishing Permits 3. Deep-Set Buoy Gear Amendment Scoping 4. Recommendations for International Management Activities Including U.S.-Canada Albacore Treaty Area Fishery Update G. Groundfish Management 1. National Marine Fisheries Service Report 2. Exempted Fishing Permit (EFP) for California Mid-Water Commercial Jig Gear for 2017–18 3. Biennial Harvest Specifications and Management Measures for 2017–18 Groundfish Fisheries 4. Consideration of Inseason Adjustments, Including Carryover 5. Oregon Mid-Water Sport Fishery Regulations (Final Action) 6. Salmon Endangered Species Act (ESA) Consultation Update 7. Electronic Monitoring Exempted Fishing Permit Update and Revisions 8. Changes to Trawl Catch Share Program Gear Regulations (Final Action) H. Pacific Halibut Management 1. Report on the International Pacific Halibut Commission Meeting 2. Incidental Catch Recommendation Options for the Salmon Troll and Final Recommendations for Fixed Gear Sablefish Fisheries (Final Action) 3. Halibut Incidental Groundfish Regulations (Final Action) I. Administrative Matters 1. Approval of Council Meeting Record 2. Membership Appointments and Council Operating Procedures 3. Future Council Meeting Agenda and Workload Planning asabaliauskas on DSK5VPTVN1PROD with NOTICES SCHEDULE OF ANCILLARY MEETINGS Day 1—Tuesday, March 8, 2016 Ecosystem Advisory Subpanel Ecosystem Workgroup .............. Habitat Committee .................... Sacramento River Winter Chinook Workgroup. Scientific and Statistical Committee. Day 2—Wednesday, March 9, 2016 California State Delegation ....... Oregon State Delegation .......... Washington State Delegation ... Ecosystem Advisory Subpanel Scientific and Statistical Committee. VerDate Sep<11>2014 19:05 Feb 16, 2016 8 a.m. 8 a.m. 8:30 a.m. 1 p.m. 1 p.m. 7 7 7 8 8 a.m. a.m. a.m. a.m. a.m. Jkt 238001 SCHEDULE OF ANCILLARY MEETINGS— Continued Salmon Advisory Subpanel ...... Salmon Technical Team ........... Enforcement Consultants ......... Tribal Policy Group ................... Tribal and Washington Technical Group. Day 3—Thursday, March 10, 2016 California State Delegation ....... Oregon State Delegation .......... Washington State Delegation ... Highly Migratory Species Advisory Subpanel. Highly Migratory Species Management Team. Salmon Advisory Subpanel ...... Salmon Technical Team ........... Scientific and Statistical Committee Coastal Pelagic Species Subcommittee. Enforcement Consultants ......... Tribal Policy Group ................... Tribal and Washington Technical Group. Day 4—Friday, March 11, 2016 California State Delegation ....... Oregon State Delegation .......... Washington State Delegation ... Groundfish Advisory Subpanel Groundfish Management Team Highly Migratory Species Advisory Subpanel. Highly Migratory Species Management Team. Salmon Advisory Subpanel ...... Salmon Technical Team ........... Enforcement Consultants ......... Tribal Policy Group ................... Tribal and Washington Technical Group. Day 5—Saturday, March 12, 2016 California State Delegation ....... Oregon State Delegation .......... Washington State Delegation ... Groundfish Advisory Subpanel Groundfish Management Team Highly Migratory Species Advisory Subpanel. Highly Migratory Species Management Team. Salmon Advisory Subpanel ...... Salmon Technical Team ........... Enforcement Consultants ......... Tribal Policy Group ................... Tribal and Washington Technical Group. Day 6—Sunday, March 13, 2016 California State Delegation ....... Oregon State Delegation .......... Washington State Delegation ... Groundfish Advisory Subpanel Groundfish Management Team Salmon Advisory Subpanel ...... Salmon Technical Team ........... Enforcement Consultants ......... Tribal Policy Group ................... Tribal and Washington Technical Group. Day 7—Monday, March 14, 2016 California State Delegation ....... Oregon State Delegation .......... Washington State Delegation ... 8 a.m. 8 a.m. 3 p.m. Ad hoc. Ad hoc. 7 7 7 8 a.m. a.m. a.m. a.m. 8 a.m. 8 a.m. 8 a.m. 8 a.m. Ad hoc. Ad hoc. Ad hoc. 7 7 7 8 8 8 a.m. a.m. a.m. a.m. a.m. a.m. Frm 00015 Fmt 4703 Sfmt 4703 Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kris Kleinschmidt at (503) 820–2280 at least 5 days prior to the meeting date. Dated: February 10, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–03134 Filed 2–16–16; 8:45 am] BILLING CODE 3510–22–P 8 a.m. DEPARTMENT OF COMMERCE 8 a.m. 8 a.m. Ad hoc. Ad hoc. Ad hoc. National Oceanic and Atmospheric Administration 7 7 7 8 8 8 a.m. a.m. a.m. a.m. a.m. a.m. 8 a.m. 8 a.m. 8 a.m. Ad hoc. Ad hoc. Ad hoc. 7 a.m. 7 a.m. 7 a.m. 8 a.m. 8 a.m. 8 a.m. 8 a.m. Ad hoc. Ad hoc. Ad hoc. 7 a.m. 7 a.m. 7 a.m. Although non-emergency issues not contained in this agenda may come before this Council for discussion, those PO 00000 issues may not be the subject of formal Council action during these meetings. Council 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 Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. RIN 0648–XE432 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Waterfront Construction 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 U.S. Navy (Navy) for authorization to take small numbers of marine mammals incidental to conducting waterfront construction, 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 Navy’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 Navy’s application and request. DATES: Comments and information must be received no later than March 18, 2016. SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Notices 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 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: ADDRESSES: Availability An electronic copy of the Navy’s application may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/ permits/incidental/construction.htm. The Navy is concurrently releasing a draft Environmental Assessment, prepared pursuant to requirements of the National Environmental Policy Act, for the conduct of the construction projects. A copy of the draft EA, which would also support our proposed rulemaking under the MMPA, is available at the same Web site. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:05 Feb 16, 2016 Jkt 238001 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 January 19, 2016, NMFS received an adequate and complete application from the Navy requesting authorization for take of marine mammals incidental to waterfront construction conducted by the Navy. The requested regulations would be valid for five years, from July 12, 2017, through July 11, 2022. The Navy plans to conduct work necessary to maintain existing waterfront structures as well as to construct new structures at Naval Submarine Base Kings Bay, GA (NSB Kings Bay). The proposed action may incidentally expose marine mammals occurring in the vicinity to elevated levels of underwater sound, thereby resulting in incidental take, by Level B harassment only. Therefore, the Navy requests authorization to incidentally take marine mammals. Specified Activities To ensure the Navy can continue its mission of supporting the Fleet Ballistic Missile System and Trident Submarine Program, the Navy proposes to repair (including direct repairs and repairs by component replacement) in-water structures at NSB Kings Bay, construct a new Transit Protection System Operational Support Facility, and extend the existing Layberth Pier. These repairs, upgrades, and new construction would (1) address critical damage and mission and safety requirements, (2) limit further deterioration and increase the useful life of the structures, and/or (3) upgrade infrastructure to meet requirements of new submarine technology. Construction will include PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 8049 use of impact and vibratory pile driving, including installation and removal of steel, concrete, and timber piles. Information Solicited Interested persons may submit information, suggestions, and comments concerning the Navy’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 Navy, if appropriate. Dated: February 11, 2016. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–03213 Filed 2–16–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Proposed Information Collection; Comment Request; State and Local Implementation Grant Program Closeout Documentation National Telecommunications and Information Administration, Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 18, 2016. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at jjessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instruments and instructions should be sent to Michael Dame, Telecommunications Policy Specialist, Office of Public Safety Communications, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4078, Washington, DC 20230 (or via email at mdame@ntia.doc.gov). SUMMARY: E:\FR\FM\17FEN1.SGM 17FEN1

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[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8048-8049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03213]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE432


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Waterfront Construction

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 U.S. Navy (Navy) for authorization to take small numbers of 
marine mammals incidental to conducting waterfront construction, 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 Navy'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 Navy's application and request.

DATES: Comments and information must be received no later than March 
18, 2016.

[[Page 8049]]


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 Navy's application may be obtained by 
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. The Navy is concurrently releasing a draft 
Environmental Assessment, prepared pursuant to requirements of the 
National Environmental Policy Act, for the conduct of the construction 
projects. 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 January 19, 2016, NMFS received an adequate and complete 
application from the Navy requesting authorization for take of marine 
mammals incidental to waterfront construction conducted by the Navy. 
The requested regulations would be valid for five years, from July 12, 
2017, through July 11, 2022. The Navy plans to conduct work necessary 
to maintain existing waterfront structures as well as to construct new 
structures at Naval Submarine Base Kings Bay, GA (NSB Kings Bay). The 
proposed action may incidentally expose marine mammals occurring in the 
vicinity to elevated levels of underwater sound, thereby resulting in 
incidental take, by Level B harassment only. Therefore, the Navy 
requests authorization to incidentally take marine mammals.

Specified Activities

    To ensure the Navy can continue its mission of supporting the Fleet 
Ballistic Missile System and Trident Submarine Program, the Navy 
proposes to repair (including direct repairs and repairs by component 
replacement) in-water structures at NSB Kings Bay, construct a new 
Transit Protection System Operational Support Facility, and extend the 
existing Layberth Pier. These repairs, upgrades, and new construction 
would (1) address critical damage and mission and safety requirements, 
(2) limit further deterioration and increase the useful life of the 
structures, and/or (3) upgrade infrastructure to meet requirements of 
new submarine technology. Construction will include use of impact and 
vibratory pile driving, including installation and removal of steel, 
concrete, and timber piles.

Information Solicited

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

    Dated: February 11, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2016-03213 Filed 2-16-16; 8:45 am]
 BILLING CODE 3510-22-P
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