Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area and the Atlantic Fleet Training and Testing Study Area, 65999-66000 [2016-22997]
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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices
Although other non-emergency issues
not on the agenda may come before this
group for discussion, in accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act,
those issues may not be the subject of
formal action during this meeting.
Actions will be restricted to those issues
specifically identified in the agenda 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 action to
address the emergency.
Dated: September 21, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–23067 Filed 9–23–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE890
Takes of Marine Mammals Incidental to
Specified Activities; U.S. Navy Training
and Testing Activities in the Mariana
Islands Training and Testing Study
Area and the Atlantic Fleet Training
and Testing Study Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of modified
Letters of Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that modified Letters of
Authorization (LOAs) have been issued
to the U.S. Navy (Navy) for the take of
marine mammals incidental to training
and testing activities conducted in the
Mariana Islands Training and Testing
(MITT) Study Area and the Atlantic
Fleet Training and Testing (AFTT)
Study Area. These modifications reflect
changes to Navy watchstander (lookout)
reporting requirements, which do not
affect current mitigation measures, for
observed behavior of marine mammals
during Major Training Exercises (MTEs)
in the MITT and AFTT study areas.
DATES: MITT: Effective through April 3,
2020; AFTT: Effective through
November 13, 2018.
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
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19:40 Sep 23, 2016
Jkt 238001
The LOAs and supporting
documentation are available online at:
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm. In case of
problems accessing these documents,
please call the contact listed below.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
John
Fiorentino, 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.’’
The National Defense Authorization
Act of 2004 (Pub. L. 108–136) removed
the ‘‘small numbers’’ and ‘‘specified
geographical region’’ limitations
indicated above and amended the
definition of ‘‘harassment’’ as applies to
a ‘‘military readiness activity’’ to read as
follows (section 3(18)(B) of the MMPA,
16 U.S.C. 1362(18)(B)): ‘‘(i) any act that
injures or has the significant potential to
injure a marine mammal or marine
mammal stock in the wild’’ (Level A
Harassment); or ‘‘(ii) any act that
disturbs or is likely to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of natural
behavioral patterns, including, but not
limited to, migration, surfacing, nursing,
breeding, feeding, or sheltering, to a
point where such behavioral patterns
are abandoned or significantly altered’’
(Level B Harassment).
PO 00000
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65999
Summary of Request
On December 4, 2013 and August 3,
2015, NMFS issued regulations under
the MMPA governing the unintentional
taking of marine mammals incidental to
training and testing activities conducted
in the AFTT and MITT study areas,
respectively (78 FR 73010; 80 FR
46112). These regulations allowed us to
issue LOAs for the incidental take of
marine mammals during the Navy’s
specified activities and timeframes, set
forth the permissible methods of taking,
set forth other means of effecting the
least practicable adverse impact on
marine mammal species or stocks and
their habitat, and set forth requirements
pertaining to the monitoring and
reporting of the incidental take. On June
3, 2015, proposed changes to the
watchstander reporting requirements for
AFTT and MITT (and other active Navy
Phase II training and testing
rulemakings—i.e., Hawaii-Southern
California Training and Testing; Gulf of
Alaska Temporary Maritime Activities
Area Training) were included in the
proposed rule for the Navy’s training
and testing activities in the Northwest
Training and Testing (NWTT) Study
Area (80 FR 31738). There were no
comments received on the proposed
watchstander modifications during the
45-day public comment period for the
NWTT proposed rule, and NMFS issued
regulations reflecting the new
watchstander reporting modifications
on November 24, 2015 (80 FR 73556).
Authorization
We have issued modified LOAs to the
Navy authorizing the take of marine
mammals incidental to training and
testing activities, as described above; no
changes to the LOAs other than the
watchstander reporting modifications
have been made. With these
watchstander modifications, the Navy
would no longer be required to report
individual marine mammal sighting
information when mitigation is not
being implemented during the MTEs.
After five years of collecting marine
mammal sighting data for all animals
sighted during MTEs, NMFS and the
Navy have determined that this data set
does not provide for any meaningful
analysis beyond that which may be
possible using mitigation-related
observations alone because the Navy is
unable to identify species information.
NMFS and the Navy have thoroughly
investigated several potential uses for
the data prior to reaching this
conclusion. Additionally, as discussed
during the adaptive management
process, this reporting requirement
places an administrative burden on
E:\FR\FM\26SEN1.SGM
26SEN1
66000
Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices
ships’ watch teams, which is undue,
given that the information collected
does not contribute to any meaningful
analysis. The Navy will continue to
collect marine mammal sighting data
during MTEs for every instance when
any form of mitigation is employed,
such as powering down or securing
sonar, maneuvering the ship, or
delaying an event—in other words, in
instances where animals are closer to
the sound source around which
mitigation measures are implemented.
This data is useful in supporting
mitigation effectiveness analyses and
also may be helpful in supporting an
understanding of the frequency with
which marine mammals (generally, not
by species) may be encountered or
detected in close proximity to a
particular source (e.g., where the
likelihood of auditory or other injury is
higher).
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
The Committee will receive a report
on Amendment 22 limited access
qualification alternatives developed
during the October 6, 2016 Joint
Advisory Panel (AP)—Plan
Development Team (PDT) meeting.
They will also receive a summary of the
2015 Annual Monitoring Report from
the PDT as well as discuss scheduling
of actions and priorities for 2017. The
Committee will have a closed session to
review of AP applications for 2018–20
and make recommendations for
approval to the Council’s Executive
committee. Other business, as
necessary.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Dated: September 20, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–22997 Filed 9–23–16; 8:45 am]
BILLING CODE 3510–22–P
Authority: 16 U.S.C. 1801 et seq.
DEPARTMENT OF COMMERCE
Dated: September 21, 2016.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
National Oceanic and Atmospheric
Administration
[FR Doc. 2016–23127 Filed 9–23–16; 8:45 am]
RIN 0648–XE907
BILLING CODE 3510–22–P
BILLING CODE 5001–03–P
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Whiting Committee to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Thursday, October 13, 2016 at 10 a.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Hilton Garden Inn, One
Thurber Street, Warwick, RI 02886
telephone: (401) 734–9600.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
mstockstill on DSK3G9T082PROD with NOTICES
VerDate Sep<11>2014
19:40 Sep 23, 2016
Jkt 238001
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2016–23084 Filed 9–23–16; 8:45 am]
New England Fishery Management
Council; Public Meeting
SUMMARY:
Improvements’’, Inventors Wetzel and
Nenno, Filed March 1, 2016.
DATES: The prospective partially
exclusive license may be granted unless
within fifteen (15) days from the date of
this published notice, the U.S. Army
Research Laboratory receives written
objections including evidence and
argument that establish that the grant of
the license would not be consistent with
the requirements of 35 U.S.C. 209 and
37 CFR 404.7. Competing applications
completed and received by the U.S.
Army Research Laboratory within
fifteen (15) days from the date of this
published notice will also be treated as
objections to the grant of the
contemplated exclusive license.
Objections submitted in response to
this notice will not be made available to
the public for inspection and, to the
extent permitted by law, will not be
released under the Freedom of
Information Act, 5 U.S.C. 552.
ADDRESSES: Send written objections to
U.S. Army Research Laboratory
Technology Transfer and Outreach
Office, RDRL–DPT/Thomas Mulkern,
Building 321 Room 110, Aberdeen
Proving Ground, MD 21005–5425.
FOR FURTHER INFORMATION CONTACT:
Thomas Mulkern, (410) 278–0889,
Email: ORTA@arl.army.mil.
SUPPLEMENTARY INFORMATION: None.
DEPARTMENT OF DEFENSE
Department of the Army
DEPARTMENT OF DEFENSE
Notice of Intent To Grant Exclusive
Patent License to GoXtudio, Inc.;
Tempe, AZ
Department of the Navy
Department of the Army, DoD.
Notice of intent.
AGENCY:
ACTION:
Meeting of the Board of Visitors of
Marine Corps University
Department of the Navy, DOD.
Notice of open meeting.
AGENCY:
ACTION:
In compliance with 35 U.S.C.
SUMMARY: The Board of Visitors of the
209(e) and 37 CFR 404.7(a)(1)(i), the
Marine Corps University (BOV MCU)
Department of the Army hereby gives
notice of its intent to grant to GoXtudio, will meet to review, develop and
provide recommendations on all aspects
Inc.; a corporation having its principle
of the academic and administrative
place of business at 2121 S. Mill Ave.
policies of the University; examine all
Suite 214, Tempe, AZ 85282, exclusive
aspects of professional military
license in the fields of ankle and knee
braces incorporating rate-actuated tether education operations; and provide such
oversight and advice, as is necessary, to
(RAT) straps. The proposed license
facilitate high educational standards
would be relative to the following:
and cost effective operations. The Board
• U.S. Patent Number 9,303,717
will be focusing primarily on the
entitled ‘‘Rate Responsive, Stretchable
internal procedures of Marine Corps
Devices’’, Inventors Wetzel and Nenno,
University. All sessions of the meeting
Issue Date March 16, 2016.
• U.S. Patent Application Number 15/ will be open to the public.
057,944 entitled ‘‘Rate Responsive,
DATES: The meeting will be held on
Stretchable Devices, Further
Thursday, 13 October 2016, from 0800–
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 65999-66000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22997]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE890
Takes of Marine Mammals Incidental to Specified Activities; U.S.
Navy Training and Testing Activities in the Mariana Islands Training
and Testing Study Area and the Atlantic Fleet Training and Testing
Study Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of modified Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that modified Letters of Authorization (LOAs) have been issued to the
U.S. Navy (Navy) for the take of marine mammals incidental to training
and testing activities conducted in the Mariana Islands Training and
Testing (MITT) Study Area and the Atlantic Fleet Training and Testing
(AFTT) Study Area. These modifications reflect changes to Navy
watchstander (lookout) reporting requirements, which do not affect
current mitigation measures, for observed behavior of marine mammals
during Major Training Exercises (MTEs) in the MITT and AFTT study
areas.
DATES: MITT: Effective through April 3, 2020; AFTT: Effective through
November 13, 2018.
ADDRESSES: The LOAs and supporting documentation are available online
at: www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of
problems accessing these documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT: John Fiorentino, 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.''
The National Defense Authorization Act of 2004 (Pub. L. 108-136)
removed the ``small numbers'' and ``specified geographical region''
limitations indicated above and amended the definition of
``harassment'' as applies to a ``military readiness activity'' to read
as follows (section 3(18)(B) of the MMPA, 16 U.S.C. 1362(18)(B)): ``(i)
any act that injures or has the significant potential to injure a
marine mammal or marine mammal stock in the wild'' (Level A
Harassment); or ``(ii) any act that disturbs or is likely to disturb a
marine mammal or marine mammal stock in the wild by causing disruption
of natural behavioral patterns, including, but not limited to,
migration, surfacing, nursing, breeding, feeding, or sheltering, to a
point where such behavioral patterns are abandoned or significantly
altered'' (Level B Harassment).
Summary of Request
On December 4, 2013 and August 3, 2015, NMFS issued regulations
under the MMPA governing the unintentional taking of marine mammals
incidental to training and testing activities conducted in the AFTT and
MITT study areas, respectively (78 FR 73010; 80 FR 46112). These
regulations allowed us to issue LOAs for the incidental take of marine
mammals during the Navy's specified activities and timeframes, set
forth the permissible methods of taking, set forth other means of
effecting the least practicable adverse impact on marine mammal species
or stocks and their habitat, and set forth requirements pertaining to
the monitoring and reporting of the incidental take. On June 3, 2015,
proposed changes to the watchstander reporting requirements for AFTT
and MITT (and other active Navy Phase II training and testing
rulemakings--i.e., Hawaii-Southern California Training and Testing;
Gulf of Alaska Temporary Maritime Activities Area Training) were
included in the proposed rule for the Navy's training and testing
activities in the Northwest Training and Testing (NWTT) Study Area (80
FR 31738). There were no comments received on the proposed watchstander
modifications during the 45-day public comment period for the NWTT
proposed rule, and NMFS issued regulations reflecting the new
watchstander reporting modifications on November 24, 2015 (80 FR
73556).
Authorization
We have issued modified LOAs to the Navy authorizing the take of
marine mammals incidental to training and testing activities, as
described above; no changes to the LOAs other than the watchstander
reporting modifications have been made. With these watchstander
modifications, the Navy would no longer be required to report
individual marine mammal sighting information when mitigation is not
being implemented during the MTEs. After five years of collecting
marine mammal sighting data for all animals sighted during MTEs, NMFS
and the Navy have determined that this data set does not provide for
any meaningful analysis beyond that which may be possible using
mitigation-related observations alone because the Navy is unable to
identify species information. NMFS and the Navy have thoroughly
investigated several potential uses for the data prior to reaching this
conclusion. Additionally, as discussed during the adaptive management
process, this reporting requirement places an administrative burden on
[[Page 66000]]
ships' watch teams, which is undue, given that the information
collected does not contribute to any meaningful analysis. The Navy will
continue to collect marine mammal sighting data during MTEs for every
instance when any form of mitigation is employed, such as powering down
or securing sonar, maneuvering the ship, or delaying an event--in other
words, in instances where animals are closer to the sound source around
which mitigation measures are implemented. This data is useful in
supporting mitigation effectiveness analyses and also may be helpful in
supporting an understanding of the frequency with which marine mammals
(generally, not by species) may be encountered or detected in close
proximity to a particular source (e.g., where the likelihood of
auditory or other injury is higher).
Dated: September 20, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-22997 Filed 9-23-16; 8:45 am]
BILLING CODE 3510-22-P
