Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research, 71709-71710 [2016-25191]

Download as PDF Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices August 16, 2013, should use the revised certification formats provided at the end of the Final Rule.36 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., filing letters of appearance, as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: October 11, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Lhorne on DSK30JT082PROD with NOTICES [FR Doc. 2016–25178 Filed 10–17–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Appendix RIN 0648–XE937 Scope of the Investigation The merchandise subject to this investigation is steel concrete reinforcing bar imported in either straight length or coil form (rebar) regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test. The subject merchandise includes rebar that has been further processed in the subject country or a third country, including but not limited to cutting, grinding, galvanizing, painting, coating, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the rebar. Specifically excluded are plain rounds (i.e., nondeformed or smooth rebar). Also excluded from the scope is deformed steel wire meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or grade) and without being subject to an elongation test. At the time of the filing of the petition, there was an existing countervailing duty order on steel reinforcing bar from the Republic of Turkey. Steel Concrete Reinforcing Bar From the Republic of Turkey, 79 FR 65,926 (Dep’t Commerce Nov. 6, 2014) (2014 Turkey CVD Order). The scope of this 36 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/ notices/factual_info_final_rule_FAQ_07172013.pdf. VerDate Sep<11>2014 countervailing duty investigation with regard to rebar from Turkey covers only rebar produced and/or exported by those companies that are excluded from the 2014 Turkey CVD Order. At the time of the issuance of the 2014 Turkey CVD Order, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. was the only excluded Turkish rebar producer or exporter. The subject merchandise is classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) primarily under item numbers 7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject merchandise may also enter under other HTSUS numbers including 7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000. HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive. 13:19 Oct 17, 2016 Jkt 241001 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 Alaska Fisheries Science Center (AFSC) 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 AFSC’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 AFSC’s application and request. DATES: Comments and information must be received no later than November 17, 2016. ADDRESSES: Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and SUMMARY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 71709 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 online 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 AFSC’s application may be obtained online at: www.nmfs.noaa.gov/pr/permits/ incidental/research.htm. The AFSC has separately released a draft Environmental Assessment (EA), 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 E:\FR\FM\18OCN1.SGM 18OCN1 71710 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Notices 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 AFSC is the research arm of NMFS in U.S. waters off of Alaska. 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 AFSC proposes to administer and conduct these survey programs over the five-year period. Summary of Request On June 28, 2016, NMFS received an adequate and complete application from the AFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the AFSC. The requested regulations would be valid for five years from the date of issuance. The AFSC plans to conduct fisheries research surveys in multiple geographic regions, including the Gulf of Alaska, Bering Sea, and Arctic Ocean. It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in AFSC’s fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the AFSC 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 AFSC requests authorization to take multiple species of marine mammal that may occur in these areas. Lhorne on DSK30JT082PROD with NOTICES 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).’’ Information Solicited Interested persons may submit information, suggestions, and comments concerning the AFSC’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 AFSC, if appropriate. 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 VerDate Sep<11>2014 13:19 Oct 17, 2016 Jkt 241001 Dated: October 13, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–25191 Filed 10–17–16; 8:45 am] BILLING CODE 3510–22–P The meeting will be held at the Admiral Fell Inn, 888 S. Broadway, Baltimore, MD 21231; telephone: (410) 522–7377. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331 or on their Web site, at www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: ADDRESSES: Agenda The Mid-Atlantic Fishery Management Council’s Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will meet November 9 and 10 to develop recommendations for recreational management measures for the summer flounder, scup, and black sea bass fisheries for the 2017 fishing year. The Committee may also discuss initial analyses related to a possible scup commercial seasons framework action. A detailed agenda and background documents will be made available on the Council’s Web site (www.mafmc.org) prior to the meeting. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526–5251, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. National Oceanic and Atmospheric Administration Dated: October 12, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. RIN 0648–XE960 [FR Doc. 2016–25090 Filed 10–17–16; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 3510–22–P Mid-Atlantic Fishery Management Council (MAFMC); Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Mid-Atlantic Fishery Management Council’s (MAFMC’s) Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will hold a public meeting. DATES: The meeting will begin at 1 p.m. on Wednesday, November 9, 2016, and end at 3 p.m. on Thursday, November 10, 2016, to view the agenda see SUPPLEMENTARY INFORMATION. SUMMARY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE911 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Notices]
[Pages 71709-71710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25191]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE937


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 Alaska Fisheries Science Center (AFSC) 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 AFSC'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 AFSC's application and 
request.

DATES: Comments and information must be received no later than November 
17, 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 online 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 AFSC's application may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The AFSC has 
separately released a draft Environmental Assessment (EA), 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

[[Page 71710]]

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 June 28, 2016, NMFS received an adequate and complete 
application from the AFSC requesting authorization for take of marine 
mammals incidental to fisheries research conducted by the AFSC. The 
requested regulations would be valid for five years from the date of 
issuance. The AFSC plans to conduct fisheries research surveys in 
multiple geographic regions, including the Gulf of Alaska, Bering Sea, 
and Arctic Ocean. It is possible that marine mammals may interact with 
fishing gear (e.g., trawls nets, longlines) used in AFSC's fisheries 
research projects, resulting in injury, serious injury, or mortality. 
In addition, the AFSC 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 AFSC 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 AFSC is 
the research arm of NMFS in U.S. waters off of Alaska.
    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 
AFSC 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 AFSC'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 AFSC, if appropriate.

    Dated: October 13, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-25191 Filed 10-17-16; 8:45 am]
 BILLING CODE 3510-22-P