Marine Mammals; Pinniped Removal Authority; Approval of Application, 44298-44299 [2016-16006]
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44298
Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
marine mammal monitoring, or 60 days
prior to the issuance of any subsequent
IHA for projects at PMRF, whichever
comes first. A final report shall be
prepared and submitted within 30 days
following resolution of comments on the
draft report from NMFS. This report
must contain the informational elements
described in the Monitoring Plan, at
minimum (see www.nmfs.noaa.gov/pr/
permits/incidental/construction.htm),
and shall also include:
1. Date and time of each LRS WSEP
mission;
2. A complete description of the preexercise and post-exercise activities
related to mitigating and monitoring the
effects of LRS WSEP missions on marine
mammal populations; and
3. Results of the monitoring program,
including numbers by species/stock of
any marine mammals noted injured or
killed as a result of the LRS WSEP
mission and number of marine
mammals (by species if possible) that
may have been harassed due to presence
within the zone of influence.
The draft report will be subject to
review and comment by the National
Marine Fisheries Service. Any
recommendations made by the National
Marine Fisheries Service must be
addressed in the final report prior to
acceptance by the National Marine
Fisheries Service. The draft report will
be considered the final report for this
activity under this Authorization if the
National Marine Fisheries Service has
not provided comments and
recommendations within 90 days of
receipt of the draft report.
(b) Reporting injured or dead marine
mammals:
i. In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by this IHA, such as an
injury for species not authorized (Level
A harassment), serious injury, or
mortality, 86 FWS shall immediately
cease the specified activities and report
the incident to the Office of Protected
Resources, NMFS, and the Pacific
Islands Regional Stranding Coordinator,
NMFS. The report must include the
following information:
A. Time and date of the incident;
B. Description of the incident;
C. Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
D. Description of all marine mammal
observations in the 24 hours preceding
the incident;
E. Species identification or
description of the animal(s) involved;
F. Fate of the animal(s); and
G. Photographs or video footage of the
animal(s).
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17:23 Jul 06, 2016
Jkt 238001
Activities shall not resume until NMFS
is able to review the circumstances of
the prohibited take. NMFS will work
with 86 FWS to determine what
measures are necessary to minimize the
likelihood of further prohibited take and
ensure MMPA compliance. 86 FWS may
not resume their activities until notified
by NMFS.
ii. In the event that 86 FWS discovers
an injured or dead marine mammal, and
the lead observer determines that the
cause of the injury or death is unknown
and the death is relatively recent (e.g.,
in less than a moderate state of
decomposition), 86 FWS shall
immediately report the incident to the
Office of Protected Resources, NMFS,
and the Pacific Islands Regional
Stranding Coordinator, NMFS.
The report must include the same
information identified in 6(b)(i) of this
IHA. Activities may continue while
NMFS reviews the circumstances of the
incident. NMFS will work with 86 FWS
to determine whether additional
mitigation measures or modifications to
the activities are appropriate.
iii. In the event that 86 FWS discovers
an injured or dead marine mammal, and
the lead observer determines that the
injury or death is not associated with or
related to the activities authorized in the
IHA (e.g., previously wounded animal,
carcass with moderate to advanced
decomposition, scavenger damage), 86
FWS shall report the incident to the
Office of Protected Resources, NMFS,
and the Pacific Islands Regional
Stranding Coordinator, NMFS, within
24 hours of the discovery. 86 FWS shall
provide photographs or video footage or
other documentation of the stranded
animal sighting to NMFS.
7. Additional Conditions
• The holder of this Authorization
must inform the Director, Office of
Protected Resources, National Marine
Fisheries Service, (301–427–8400) or
designee (301–427–8401) prior to the
initiation of any changes to the
monitoring plan for a specified mission
activity.
• A copy of this Authorization must
be in the possession of the safety officer
on duty each day that long range strike
missions are conducted.
• 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.
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Request for Public Comments
We request comment on our analysis,
the draft authorization, and any other
aspect of this Federal Register notice of
proposed Authorization. Please include
with your comments any supporting
data or literature citations to help
inform our final decision on 86 FWS’s
renewal request for an MMPA
authorization.
Dated: July 1, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–16114 Filed 7–6–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE461
Marine Mammals; Pinniped Removal
Authority; Approval of Application
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration,
Commerce (NOAA).
ACTION: Notice of availability.
AGENCY:
NMFS announces approval of
an application for a Letter of
Authorization (LOA) from the states of
Oregon, Washington, and Idaho for
lethal removal of individually
identifiable predatory California sea
lions (Zalophus californianus) in the
vicinity of Bonneville Dam to minimize
pinniped predation on Pacific salmon
and steelhead (Oncorhynchus spp.)
listed as threatened or endangered
under the Endangered Species Act
(ESA) in the Columbia River in
Washington and Oregon. This
authorization is pursuant to the Marine
Mammal Protection Act (MMPA). NMFS
also announces availability of decision
documents and other information relied
upon in making this determination.
ADDRESSES: Additional information
about our determination may be
obtained by visiting the NMFS West
Coast Region’s Web site: https://
www.westcoast.fisheries.noaa.gov, or by
writing to us at: NMFS West Coast
Region, Protected Resources Division,
1201 Lloyd Blvd., Suite 1100, Portland,
OR 97232.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Anderson at the above address,
by phone at (503) 231–2226, or by email
at robert.c.anderson@noa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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srobinson on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
Background
Section 120 of the MMPA (16 U.S.C.
1361, et seq.) allows the Secretary of
Commerce, acting through the Assistant
Administrator for Fisheries, and the
West Coast Regional Administrator of
NMFS, the discretion to authorize the
intentional lethal taking of individually
identifiable pinnipeds that are having a
significant negative impact on
salmonids that are either: (1) Listed
under the ESA, (2) approaching a
threatened or endangered status, or (3)
migrate through the Ballard Locks in
Seattle. The authorization applies only
to pinnipeds that are not: (1) Listed
under the ESA, (2) designated as
depleted, or (3) designated a strategic
stock.
In December 2006, NMFS received an
application from the Idaho Department
of Fish and Game, Oregon Department
of Fish and Wildlife, and the
Washington Department of Fish and
Wildlife (collectively referred to as the
States) requesting authorization under
section 120 of the MMPA to
intentionally take, by lethal methods,
individually identifiable predatory
California sea lions in the Columbia
River, which were then having a
significant negative impact on the
recovery of threatened and endangered
Pacific salmon and steelhead. As
required under the MMPA, NMFS
convened a Pinniped-Fishery
Interaction Task Force (Task Force). The
role of the Task Force is to recommend
to NMFS approval or denial of the
States’ application along with
recommendations of the proposed
location, time, and method of such
taking, criteria for evaluating the
success of the action, and the duration
of the intentional lethal taking
authority. The Task Force must also
suggest non-lethal alternatives, if
available and practicable, including a
recommended course of action. NMFS
partially approved the States’ 2006
request, issuing a LOA on March 17,
2008, and on March 24, 2008, NMFS
published a notice in the Federal
Register (73 FR 15483).
Shortly after NMFS issued the LOA,
the Humane Society of the United States
(HSUS) filed a lawsuit in the U.S.
District Court in Oregon, alleging that
NMFS’ LOA violated section 120 of the
MMPA and the National Environmental
Policy Act (NEPA). In November 2008,
the district court issued an order
upholding NMFS’ approval of the lethal
removal program and its evaluation of
impacts under NEPA. Plaintiffs
appealed to the Ninth Circuit Court of
Appeals which declined to halt the
removal program while the appeal was
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17:23 Jul 06, 2016
Jkt 238001
pending. Subsequently, the Ninth
Circuit vacated and remanded the LOA
to NMFS in November 2010 (Humane
Society of the United States, et al. v.
Locke, 626 F.3d 1040 (9th Cir. 2010)). In
response to the Ninth Circuit Court’s
2010 decision, the States submitted a
new request for lethal removal
authorization on December 7, 2010.
NMFS considered the request and new
information available since its prior
authorization, including the Task
Force’s recommendations. NMFS again
authorized lethal take, under similar
conditions to the 2008 authorization
(albeit with modifications), issuing a
new LOA on May 13, 2011. HSUS again
filed suit this time in federal court for
the District of Columbia, alleging,
among other things, that NMFS had not
followed procedural requirements under
MMPA section 120 prior to issuing the
new authorization (including public
notice and comment on the States’
application). In coordination with the
States, NMFS revoked the May 13, 2011,
authorization on July 22, 2011, and
HSUS voluntarily withdrew their
lawsuit.
On August 18, 2011, the States
submitted a new request for lethal
removal of California sea lions at
Bonneville Dam under substantially the
same conditions as the prior
authorizations. On March 15, 2012,
NMFS issued a LOA to the States. In
renewed litigation by HSUS this LOA
was upheld in district court on February
15, 2013, and later affirmed by the
Ninth Circuit Court of Appeals
(Humane Society of the US v. Bryson,
924 F.Supp.2d 1228 (D. Or., 2013);
HSUS v. Pritzker, No. 13–35195 (9th
Cir., 9/27/13)). The 2012 LOA expires
on June 30, 2016.
On January 27, 2016, NMFS received
an application from the States to extend
the 2012 LOA through June 30, 2021.
The States are not requesting any
changes or modifications to the terms
and conditions of the 2012 LOA.
Pursuant to the MMPA, NMFS
determined that the application
contains sufficient information to
warrant convening the Task Force. On
March 28, 2016, NMFS published a
notice in the Federal Register (81 FR
17141), announcing receipt of the
States’ application, and soliciting public
comments on the application and any
additional information that NMFS
should consider in making its decision.
On May 31, 2016, NMFS reconvened the
Task Force at a meeting that was open
to the public, during which it reviewed
the States’ application, public
comments on the application, and other
information related to sea lion predation
on salmonids at Bonneville Dam. The
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Frm 00042
Fmt 4703
Sfmt 4703
44299
Task Force completed and submitted its
report to NMFS on June 22, 2016.
Thirteen of the fourteen members
recommended that NMFS approve the
States’ extension request, with one
member dissenting. All decision
documents, including a copy of the new
LOA, are available on NMFS’s West
Coast Region Web page (see ADDRESSES).
Findings
As required under section 7(a)(2)
under the ESA, NMFS completed formal
consultation, and in accordance with
NEPA, NMFS completed a
supplemental environmental assessment
(EA) to the 2008 EA with a finding of
no significant impact. In considering a
state’s application to lethally remove
pinnipeds, NMFS is also required,
pursuant to section 120(b)(1) of the
MMPA, to determine that individually
identifiable pinnipeds are having a
significant negative impact on the
decline or recovery of at-risk salmonid
fishery stocks. Based on these
requirements, considerations, and
analyses, NMFS has determined that the
requirements of section 120 of the
MMPA have been met and it is therefore
reasonable to issue a new LOA to the
States for the lethal removal of
individually identifiable predatory
California sea lions through 2021.
Dated: June 30, 2016.
Nicole R. LeBoeuf,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2016–16006 Filed 7–6–16; 8:45 am]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA–2014–0044]
Submission for OMB Review;
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ACTION:
Notice.
The Department of Defense
has submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by August 8, 2016.
FOR FURTHER INFORMATION CONTACT: Fred
Licari, 571–372–0493.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Agencies
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44298-44299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16006]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE461
Marine Mammals; Pinniped Removal Authority; Approval of
Application
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce (NOAA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval of an application for a Letter of
Authorization (LOA) from the states of Oregon, Washington, and Idaho
for lethal removal of individually identifiable predatory California
sea lions (Zalophus californianus) in the vicinity of Bonneville Dam to
minimize pinniped predation on Pacific salmon and steelhead
(Oncorhynchus spp.) listed as threatened or endangered under the
Endangered Species Act (ESA) in the Columbia River in Washington and
Oregon. This authorization is pursuant to the Marine Mammal Protection
Act (MMPA). NMFS also announces availability of decision documents and
other information relied upon in making this determination.
ADDRESSES: Additional information about our determination may be
obtained by visiting the NMFS West Coast Region's Web site: https://www.westcoast.fisheries.noaa.gov, or by writing to us at: NMFS West
Coast Region, Protected Resources Division, 1201 Lloyd Blvd., Suite
1100, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Anderson at the above
address, by phone at (503) 231-2226, or by email at
robert.c.anderson@noa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 44299]]
Background
Section 120 of the MMPA (16 U.S.C. 1361, et seq.) allows the
Secretary of Commerce, acting through the Assistant Administrator for
Fisheries, and the West Coast Regional Administrator of NMFS, the
discretion to authorize the intentional lethal taking of individually
identifiable pinnipeds that are having a significant negative impact on
salmonids that are either: (1) Listed under the ESA, (2) approaching a
threatened or endangered status, or (3) migrate through the Ballard
Locks in Seattle. The authorization applies only to pinnipeds that are
not: (1) Listed under the ESA, (2) designated as depleted, or (3)
designated a strategic stock.
In December 2006, NMFS received an application from the Idaho
Department of Fish and Game, Oregon Department of Fish and Wildlife,
and the Washington Department of Fish and Wildlife (collectively
referred to as the States) requesting authorization under section 120
of the MMPA to intentionally take, by lethal methods, individually
identifiable predatory California sea lions in the Columbia River,
which were then having a significant negative impact on the recovery of
threatened and endangered Pacific salmon and steelhead. As required
under the MMPA, NMFS convened a Pinniped-Fishery Interaction Task Force
(Task Force). The role of the Task Force is to recommend to NMFS
approval or denial of the States' application along with
recommendations of the proposed location, time, and method of such
taking, criteria for evaluating the success of the action, and the
duration of the intentional lethal taking authority. The Task Force
must also suggest non-lethal alternatives, if available and
practicable, including a recommended course of action. NMFS partially
approved the States' 2006 request, issuing a LOA on March 17, 2008, and
on March 24, 2008, NMFS published a notice in the Federal Register (73
FR 15483).
Shortly after NMFS issued the LOA, the Humane Society of the United
States (HSUS) filed a lawsuit in the U.S. District Court in Oregon,
alleging that NMFS' LOA violated section 120 of the MMPA and the
National Environmental Policy Act (NEPA). In November 2008, the
district court issued an order upholding NMFS' approval of the lethal
removal program and its evaluation of impacts under NEPA. Plaintiffs
appealed to the Ninth Circuit Court of Appeals which declined to halt
the removal program while the appeal was pending. Subsequently, the
Ninth Circuit vacated and remanded the LOA to NMFS in November 2010
(Humane Society of the United States, et al. v. Locke, 626 F.3d 1040
(9th Cir. 2010)). In response to the Ninth Circuit Court's 2010
decision, the States submitted a new request for lethal removal
authorization on December 7, 2010. NMFS considered the request and new
information available since its prior authorization, including the Task
Force's recommendations. NMFS again authorized lethal take, under
similar conditions to the 2008 authorization (albeit with
modifications), issuing a new LOA on May 13, 2011. HSUS again filed
suit this time in federal court for the District of Columbia, alleging,
among other things, that NMFS had not followed procedural requirements
under MMPA section 120 prior to issuing the new authorization
(including public notice and comment on the States' application). In
coordination with the States, NMFS revoked the May 13, 2011,
authorization on July 22, 2011, and HSUS voluntarily withdrew their
lawsuit.
On August 18, 2011, the States submitted a new request for lethal
removal of California sea lions at Bonneville Dam under substantially
the same conditions as the prior authorizations. On March 15, 2012,
NMFS issued a LOA to the States. In renewed litigation by HSUS this LOA
was upheld in district court on February 15, 2013, and later affirmed
by the Ninth Circuit Court of Appeals (Humane Society of the US v.
Bryson, 924 F.Supp.2d 1228 (D. Or., 2013); HSUS v. Pritzker, No. 13-
35195 (9th Cir., 9/27/13)). The 2012 LOA expires on June 30, 2016.
On January 27, 2016, NMFS received an application from the States
to extend the 2012 LOA through June 30, 2021. The States are not
requesting any changes or modifications to the terms and conditions of
the 2012 LOA. Pursuant to the MMPA, NMFS determined that the
application contains sufficient information to warrant convening the
Task Force. On March 28, 2016, NMFS published a notice in the Federal
Register (81 FR 17141), announcing receipt of the States' application,
and soliciting public comments on the application and any additional
information that NMFS should consider in making its decision. On May
31, 2016, NMFS reconvened the Task Force at a meeting that was open to
the public, during which it reviewed the States' application, public
comments on the application, and other information related to sea lion
predation on salmonids at Bonneville Dam. The Task Force completed and
submitted its report to NMFS on June 22, 2016. Thirteen of the fourteen
members recommended that NMFS approve the States' extension request,
with one member dissenting. All decision documents, including a copy of
the new LOA, are available on NMFS's West Coast Region Web page (see
ADDRESSES).
Findings
As required under section 7(a)(2) under the ESA, NMFS completed
formal consultation, and in accordance with NEPA, NMFS completed a
supplemental environmental assessment (EA) to the 2008 EA with a
finding of no significant impact. In considering a state's application
to lethally remove pinnipeds, NMFS is also required, pursuant to
section 120(b)(1) of the MMPA, to determine that individually
identifiable pinnipeds are having a significant negative impact on the
decline or recovery of at-risk salmonid fishery stocks. Based on these
requirements, considerations, and analyses, NMFS has determined that
the requirements of section 120 of the MMPA have been met and it is
therefore reasonable to issue a new LOA to the States for the lethal
removal of individually identifiable predatory California sea lions
through 2021.
Dated: June 30, 2016.
Nicole R. LeBoeuf,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2016-16006 Filed 7-6-16; 8:45 am]
BILLING CODE 3510-22-P