Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Commercial Fireworks Displays at the Monterey Bay National Marine Sanctuary, California, 78993-78994 [2016-27094]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices
The report would include the same
information identified in the paragraph
above. Construction related activities
would be able to continue while NMFS
reviews the circumstances of the
incident. NMFS would work with the
COU to determine whether
modifications in the activities are
appropriate.
iii. In the event that the COU
discovers an injured or dead marine
mammal, and 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, or scavenger damage),
the COU would report the incident to
Jolie Harrison (Jolie.Harrison@
noaa.gov), Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, and Aleria
Jensen (Aleria.Jensen@noaa.gov), Alaska
Stranding Coordinator, within 24 hours
of the discovery. The COU would
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
The COU can continue its operations
under such a case.
7. This Authorization may be
modified, suspended or withdrawn if
the holder fails to abide by the
conditions prescribed herein, or if
NMFS determines that the authorized
taking is having more than a negligible
impact on the species or stock of
affected marine mammals.
Request for Public Comments
We request comment on our analysis,
the draft authorization, and any other
aspect of this Notice of Proposed IHA
for the COU’s dock construction
activities. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on the COU’s request for
an MMPA authorization.
Dated: November 4, 2016.
Donna S. Wieting
Director, Office of Protected Resources,
National Marine Fisheries Service.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[FR Doc. 2016–27119 Filed 11–9–16; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
17:46 Nov 09, 2016
Jkt 241001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF006
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Commercial Fireworks
Displays at the Monterey Bay National
Marine Sanctuary, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
letter of authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from the Monterey Bay National Marine
Sanctuary (MBNMS or Sanctuary) for
authorization to take small numbers of
marine mammals incidental to
professional fireworks displays
permitted within the Sanctuary in
California waters, over the course of five
years, from July 4, 2017 through July 3,
2022. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of MBNMS’s request
for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on MBNMS’s application and request.
DATES: Comments and information must
be received no later than December 12,
2016.
ADDRESSES: Comments on the
application 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.Daly@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/construction.htm without
change. All personal identifying
SUMMARY:
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
78993
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:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Availability
A copy of MBNMS’s application may
be obtained by writing to the address
specified above (see ADDRESSES),
telephoning the contact listed above (see
FOR FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
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 or, if the taking is
limited to harassment, notice of a
proposed authorization is provided to
the public for review. Authorization for
incidental takings may be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
certain 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).’’
E:\FR\FM\10NON1.SGM
10NON1
78994
Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices
Summary of Request
On September 16, 2016, NMFS
received an application from the
MBNMS requesting authorization to
take, by Level B harassment, two species
of marine mammals incidental to
commercial fireworks displays
conducted under sanctuary
authorization permits issued by the
MBNMS. After addressing NMFS
comments on the original application,
the MBNMS submitted a revised
application on October 18, 2016. NMFS
found this application to be adequate
and complete.
Marine mammals would be exposed
to elevated levels of sound as a result of
permitted fireworks displays, as well as
increased human activity associated
with those displays. Because the
specified activities have the potential to
take marine mammals present within
the action area, the MBNMS requests
authorization to take, by Level B
harassment only, California sea lions
(Zalophus californianus) and harbor
seals (Phoca vitulina).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Specified Activities
Since 1993, the MBNMS, a
component of NOAA’s Office of
National Marine Sanctuaries, has
processed requests for the professional
display of fireworks that affect resources
within the sanctuary. The MBNMS has
determined that debris fallout (i.e.,
spent pyrotechnic materials) from
fireworks events may constitute a
discharge into the sanctuary and thus
violate sanctuary regulations, unless a
permit is issued by the superintendent.
Therefore, sponsors of fireworks
displays conducted in the MBNMS are
required to obtain sanctuary
authorization prior to conducting such
displays (see 15 CFR 922.132).
Since the MBNMS began issuing
permits for fireworks discharge in 1993,
it has received a total of 102 requests for
professional fireworks displays, the
majority of which have been associated
with large community events such as
Independence Day and municipal
festivals. The number of fireworks
displays within the Sanctuary remained
relatively constant although there has
been a slight decrease of the number of
displays since the economic downturn
of 2008. The MBNMS has permitted, on
average, approximately five fireworks
displays per year; however, only 2 to 4
displays were hosted annually between
2009 and 2015. Since 2005, the MBNMS
has requested, and subsequently been
authorized under section 101 (a)(5)(A or
D) of the MMPA, to take marine
mammals incidental to up to 20
fireworks events per year. However, for
VerDate Sep<11>2014
17:46 Nov 09, 2016
Jkt 241001
this application, the MNBMS, at the
request of NMFS, re-evaluated the
possibility of 20 events occurring per
year based on the trend in fireworks
permit applications. As such, the
MBNMS has modified the number of
anticipated displays that would occur
under the requested regulations to no
more than ten events per year.
The location, mitigation, and
monitoring measures contained within
previous authorizations would remain
in effect. Fireworks displays would be
limited to the same four specific areas
along 276 miles (444 kilometers) of
coastline: Half Moon Bay, the Santa
Cruz/Soquel area, the northeastern
Monterey Peninsula, and Cambria
(Santa Rosa Creek). This effectively
limits permitted fireworks displays to
approximately five percent of the
MBNMS coastline. The MBNMS would
also retain the March 1 through June 30
moratorium on fireworks which
corresponds to the peak spring breeding
season for marine wildlife. Each
fireworks displays would not exceed 30
minutes in duration (with the exception
of up to two displays per year, each not
to exceed one hour) and would occur
with an average frequency of less than
or equal to once every two months
within each of the four prescribed
display areas.
A more detailed description of the
fireworks displays permitted by
MBNMS and anticipated behavioral
reactions of marine mammals may be
found in MBNMS’ application,
MBNMS’ Assessment of Pyrotechnic
Displays and Impacts within the
MBNMS 1993–2001 (2001), Marine
Mammal Acoustic and Behavioral
Monitoring for the MBNMS Fireworks
Display, 4 July 2007 (2007), and
multiple monitoring reports which are
available at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning MBNMS’s request (see
ADDRESSES). All information,
suggestions, and comments related to
MBNMS’s request and NMFS’ potential
development and implementation of
regulations governing the incidental
taking of marine mammals by the
MBNMS will be considered by NMFS in
developing, if appropriate, regulations
governing the issuance of letters of
authorization.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
Dated: November 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–27094 Filed 11–9–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
New Policy and Procedures
Documents Announcing a Change in
the Calibration Base Line Program
National Geodetic Survey
(NGS), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of Change in the
Calibration Base Line Program; Notice of
Public Comment.
AGENCY:
NOAA’s National Geodetic
Survey (NGS) conducts a Calibration
Base Line (CBL) program for electronic
distance measuring instrumentation,
hereafter referred to as the CBL Program.
The CBL Program provides the
surveying and engineering community
with a locally accessible standard for
measuring length and a means for
quantifying and correcting for errors
associated with this type of
instrumentation. Currently, the CBL
Program requires use of NGS equipment
and direct participation by NGS
personnel when establishing and
reestablishing CBLs. NGS is considering
changes to the CBL Program which will
enable our partners to establish and
reestablish their local CBLs using their
own instrumentation, with NGS
providing a quality review function.
NGS invites written comments on the
CBL Program draft policy (https://
www.ngs.noaa.gov/CBLINES/For_
review_CBL_Program_Policy.pdf) and
draft procedures (https://
www.ngs.noaa.gov/CBLINES/For_
review_CBL_Program_Procedures.pdf)
documents.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
comments should be directed to Mr.
Kendall Fancher, Instrumentation and
Methodologies Branch Chief, National
Geodetic Survey, 15351 Office Drive,
Woodford, VA 22580; phone: 540–373–
1243, Email: Kendall.Fancher@noaa.gov
or NGS.Feedback@noaa.gov.
You may submit your comments or
concerns to NGS by Tuesday, January
17, 2017.
SUPPLEMENTARY INFORMATION: Since the
CBL Program’s inception in 1974, NGS
SUMMARY:
E:\FR\FM\10NON1.SGM
10NON1
]]>Agencies
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 78993-78994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27094]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF006
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Commercial Fireworks Displays at the Monterey Bay
National Marine Sanctuary, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Monterey Bay National
Marine Sanctuary (MBNMS or Sanctuary) for authorization to take small
numbers of marine mammals incidental to professional fireworks displays
permitted within the Sanctuary in California waters, over the course of
five years, from July 4, 2017 through July 3, 2022. Pursuant to
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS
is announcing receipt of MBNMS's request for the development and
implementation of regulations governing the incidental taking of marine
mammals and inviting information, suggestions, and comments on MBNMS's
application and request.
DATES: Comments and information must be received no later than December
12, 2016.
ADDRESSES: Comments on the application 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.Daly@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/construction.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: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
A copy of MBNMS's application may be obtained by writing to the
address specified above (see ADDRESSES), telephoning the contact listed
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct 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 or, if the taking is limited to harassment, notice of a proposed
authorization is provided to the public for review. Authorization for
incidental takings may be granted if NMFS finds that the taking will
have a negligible impact on the species or stock(s) and will not have
an unmitigable adverse impact on the availability of the species or
stock(s) for certain 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).''
[[Page 78994]]
Summary of Request
On September 16, 2016, NMFS received an application from the MBNMS
requesting authorization to take, by Level B harassment, two species of
marine mammals incidental to commercial fireworks displays conducted
under sanctuary authorization permits issued by the MBNMS. After
addressing NMFS comments on the original application, the MBNMS
submitted a revised application on October 18, 2016. NMFS found this
application to be adequate and complete.
Marine mammals would be exposed to elevated levels of sound as a
result of permitted fireworks displays, as well as increased human
activity associated with those displays. Because the specified
activities have the potential to take marine mammals present within the
action area, the MBNMS requests authorization to take, by Level B
harassment only, California sea lions (Zalophus californianus) and
harbor seals (Phoca vitulina).
Specified Activities
Since 1993, the MBNMS, a component of NOAA's Office of National
Marine Sanctuaries, has processed requests for the professional display
of fireworks that affect resources within the sanctuary. The MBNMS has
determined that debris fallout (i.e., spent pyrotechnic materials) from
fireworks events may constitute a discharge into the sanctuary and thus
violate sanctuary regulations, unless a permit is issued by the
superintendent. Therefore, sponsors of fireworks displays conducted in
the MBNMS are required to obtain sanctuary authorization prior to
conducting such displays (see 15 CFR 922.132).
Since the MBNMS began issuing permits for fireworks discharge in
1993, it has received a total of 102 requests for professional
fireworks displays, the majority of which have been associated with
large community events such as Independence Day and municipal
festivals. The number of fireworks displays within the Sanctuary
remained relatively constant although there has been a slight decrease
of the number of displays since the economic downturn of 2008. The
MBNMS has permitted, on average, approximately five fireworks displays
per year; however, only 2 to 4 displays were hosted annually between
2009 and 2015. Since 2005, the MBNMS has requested, and subsequently
been authorized under section 101 (a)(5)(A or D) of the MMPA, to take
marine mammals incidental to up to 20 fireworks events per year.
However, for this application, the MNBMS, at the request of NMFS, re-
evaluated the possibility of 20 events occurring per year based on the
trend in fireworks permit applications. As such, the MBNMS has modified
the number of anticipated displays that would occur under the requested
regulations to no more than ten events per year.
The location, mitigation, and monitoring measures contained within
previous authorizations would remain in effect. Fireworks displays
would be limited to the same four specific areas along 276 miles (444
kilometers) of coastline: Half Moon Bay, the Santa Cruz/Soquel area,
the northeastern Monterey Peninsula, and Cambria (Santa Rosa Creek).
This effectively limits permitted fireworks displays to approximately
five percent of the MBNMS coastline. The MBNMS would also retain the
March 1 through June 30 moratorium on fireworks which corresponds to
the peak spring breeding season for marine wildlife. Each fireworks
displays would not exceed 30 minutes in duration (with the exception of
up to two displays per year, each not to exceed one hour) and would
occur with an average frequency of less than or equal to once every two
months within each of the four prescribed display areas.
A more detailed description of the fireworks displays permitted by
MBNMS and anticipated behavioral reactions of marine mammals may be
found in MBNMS' application, MBNMS' Assessment of Pyrotechnic Displays
and Impacts within the MBNMS 1993-2001 (2001), Marine Mammal Acoustic
and Behavioral Monitoring for the MBNMS Fireworks Display, 4 July 2007
(2007), and multiple monitoring reports which are available at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning MBNMS's request (see ADDRESSES). All information,
suggestions, and comments related to MBNMS's request and NMFS'
potential development and implementation of regulations governing the
incidental taking of marine mammals by the MBNMS will be considered by
NMFS in developing, if appropriate, regulations governing the issuance
of letters of authorization.
Dated: November 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-27094 Filed 11-9-16; 8:45 am]
BILLING CODE 3510-22-P
