Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research, 23677-23678 [2016-09352]

Download as PDF Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices an administrative review for Husqvarna.4 On January 27, 2016, the Department exercised its discretion to toll its administrative deadlines due to the closure of the Federal Government.5 Thus, the deadline for withdrawing a request for an administrative review was extended by four business days to April 12, 2016.6 Therefore, the withdrawals of the review requests filed on April 12, 2016, with respect to Husqvarna in this administrative review were timely. Rescission of Administrative Review in Part Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ Because the petitioner and Husqvarna withdrew their review requests in a timely manner, and because no other party requested a review of Husqvarna, we are rescinding the administrative review in part with respect to Husqvarna. comply with this requirement may result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: April 18, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Assessment [FR Doc. 2016–09417 Filed 4–21–16; 8:45 am] The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For Husqvarna, for which the review is rescinded, antidumping duties shall be assessed at the rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP within 15 days after publication of this notice. BILLING CODE 3510–DS–P Notifications to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to mstockstill on DSK4VPTVN1PROD with NOTICES 4 See the letters of withdrawals of requests for review from the petitioner and Husqvarna dated April 12, 2016. 5 See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm ‘Jonas’’’ dated January 27, 2016. 6 See the memorandum to the File entitled ‘‘Diamond Sawblades and Parts Thereof from the People’s Republic of China: Telephone Conversation Concerning Deadline for Withdrawing Review Request’’ dated April 1, 2016. VerDate Sep<11>2014 19:18 Apr 21, 2016 Jkt 238001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE080 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research 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 Southeast Fisheries Science Center (SEFSC) 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 SEFSC’s request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, SUMMARY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 23677 suggestions, and comments on the SEFSC’s application and request. DATES: Comments and information must be received no later than May 23, 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 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: Availability An electronic copy of the SEFSC’s application may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/ permits/incidental/research.htm. The SEFSC 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 E:\FR\FM\22APN1.SGM 22APN1 23678 Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices 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].’’ mstockstill on DSK4VPTVN1PROD with NOTICES Summary of Request On April 6, 2016, NMFS received an adequate and complete application from the SEFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the SEFSC. The requested regulations would be valid for five years from the date of issuance. The SEFSC plans to conduct fisheries research surveys in multiple geographic regions within the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in SEFSC’s fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the SEFSC 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 SEFSC 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 VerDate Sep<11>2014 19:18 Apr 21, 2016 Jkt 238001 managing marine fin and shellfish species and their habitats, with that 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 SEFSC is the research arm of NMFS in the southeast U.S., including the Caribbean. 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 SEFSC 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 SEFSC’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 SEFSC, if appropriate. Dated: April 19, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. The South Atlantic Fishery Management Council, in conjunction with the Mid-Atlantic Fishery Management Council, will hold a Question and Answer (Q&A) public meeting to address cobia management issues in Kill Devil Hills, NC. DATES: The Cobia Q&A public meeting will be held beginning at 6 p.m. on May 9, 2016. ADDRESSES: Meeting address: The meeting will be held at the Hilton Garden Inn Outer Banks/Kitty Hawk, 5353 N. Virginia Dare Trail, Kitty Hawk, NC 27949; phone: (252) 261–1290; fax: (252) 255– 0153. The meeting will be broadcast via webinar as it occurs. Registration is required and information will be posted on the South Atlantic Council’s Web site at www.safmc.net as it becomes available. Council addresses: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405; Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901. FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, SAFMC; phone: (843) 571–4366 or toll free: (866) SAFMC–10; fax: (843) 769– 4520; email: kim.iverson@safmc.net. SUPPLEMENTARY INFORMATION: The original notice published in the Federal Register on April 15, 2016 (81 FR 22214). In the SUPPLEMENTARY INFORMATION, it stated that the 2015 recreational catch was 1,540,775 pounds, 123% over the recreational Annual Catch Limit (ACL) of 690,000 pounds. It should read the 2015 recreational catch was 1,540,775 pounds, 123% over the recreational Annual Catch Limit (ACL) of 630,000 pounds. All other previously published information remains the same. SUMMARY: BILLING CODE 3510–22–P Dated: April 19, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. DEPARTMENT OF COMMERCE [FR Doc. 2016–09426 Filed 4–21–16; 8:45 am] [FR Doc. 2016–09352 Filed 4–21–16; 8:45 am] BILLING CODE 3510–22–P National Oceanic and Atmospheric Administration DEPARTMENT OF COMMERCE Fisheries of the South Atlantic; South Atlantic Fishery Management Council and Mid-Atlantic Fishery Management Council; Public Meeting; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of correction of a public meeting notice. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23677-23678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE080


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 Southeast Fisheries Science Center (SEFSC) 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 SEFSC'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 SEFSC's 
application and request.

DATES: Comments and information must be received no later than May 23, 
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 SEFSC's application may be obtained by 
visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The SEFSC 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

[[Page 23678]]

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 April 6, 2016, NMFS received an adequate and complete 
application from the SEFSC requesting authorization for take of marine 
mammals incidental to fisheries research conducted by the SEFSC. The 
requested regulations would be valid for five years from the date of 
issuance. The SEFSC plans to conduct fisheries research surveys in 
multiple geographic regions within the Atlantic Ocean, including the 
Gulf of Mexico and Caribbean Sea. It is possible that marine mammals 
may interact with fishing gear (e.g., trawls nets, longlines) used in 
SEFSC's fisheries research projects, resulting in injury, serious 
injury, or mortality. In addition, the SEFSC 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 SEFSC 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 
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 SEFSC is 
the research arm of NMFS in the southeast U.S., including the 
Caribbean.
    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 
SEFSC 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 SEFSC'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 SEFSC, if appropriate.

    Dated: April 19, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-09352 Filed 4-21-16; 8:45 am]
 BILLING CODE 3510-22-P