Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Testing and Training Activities Conducted in the Eglin Gulf Test and Training Range in the Gulf of Mexico, 9497-9498 [2018-04472]
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
3. Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
4. Description of all marine mammal
observations and active sound source
use in the 24 hours preceding the
incident;
5. Species identification or
description of the animal(s) involved;
6. Fate of the animal(s); and
7. Photographs or video footage of the
animal(s).
Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with the USFWS to
determine what measures are necessary
to minimize the likelihood of further
prohibited take and ensure MMPA
compliance. The USFWS may not
resume their activities until notified by
NMFS.
(ii) In the event that the USFWS
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), the
USFWS shall immediately report the
incident to the Office of Protected
Resources, NMFS, and the Greater
Atlantic 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 the
USFWS to determine whether
additional mitigation measures or
modifications to the activities are
appropriate.
(iii) In the event that the USFWS
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, or scavenger damage),
the USFWS shall report the incident to
the Office of Protected Resources,
NMFS, and the Greater Atlantic
Regional Stranding Coordinator, NMFS,
within 24 hours of the discovery. The
USFWS shall provide photographs or
video footage or other documentation of
the stranded animal sighting to NMFS.
7. 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modified, suspended or withdrawn if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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21:39 Mar 05, 2018
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9497
Request for Public Comments
DEPARTMENT OF COMMERCE
We request comment on our analyses,
the proposed authorization, and any
other aspect of this Notice of Proposed
IHA for the proposed research and
monitoring project. We also request
comment on the potential for renewal of
this proposed IHA as described in the
paragraph below. Please include with
your comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
On a case-by-case basis, NMFS may
issue a second one-year IHA without
additional notice when 1) another year
of identical or nearly identical activities
as described in the Specified Activities
section is planned or 2) the activities
would not be completed by the time the
IHA expires and a second IHA would
allow for completion of the activities
beyond that described in the Dates and
Duration section, provided all of the
following conditions are met:
• A request for renewal is received no
later than 60 days prior to expiration of
the current IHA.;
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
mitigation and monitoring
requirements;
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized;
and
• Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
remain the same and appropriate, and
the original findings remain valid.
National Oceanic and Atmospheric
Administration
Dated: February 28, 2018.
Donna Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–04440 Filed 3–5–18; 8:45 am]
BILLING CODE 3510–22–P
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[Docket No. 170831846–8105–02]
RIN 0648–BH21
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Testing and Training
Activities Conducted in the Eglin Gulf
Test and Training Range in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) and implementing regulations,
notice is hereby given that a Letter of
Authorization (LOA) has been issued to
the United States Air Force (USAF) 96th
Civil Engineer Group/Environmental
Planning Office (96 CEG/CEIEA) at Eglin
Air Force Base (AFB) to take marine
mammals incidental to testing and
training activities in the Eglin Gulf Test
and Training Range (EGTTR) in the Gulf
of Mexico over the course of five years.
These activities are considered military
readiness activities pursuant to the
MMPA, as amended by the National
Defense Authorization Act of 2004
(NDAA).
SUMMARY:
This LOA is valid from February
13, 2018 through February 12, 2023.
ADDRESSES: The LOA and supporting
documents may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/military.htm. In case of
problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, 301–427–8401.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Section 101(a)(5)(A) of the MMPA
directs 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 regulations are
issued. Under the MMPA, the term
‘‘take’’ means to harass, hunt, capture,
or kill or to attempt to harass, hunt,
capture, or kill marine mammals. NMFS
E:\FR\FM\06MRN1.SGM
06MRN1
9498
Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
has been delegated the authority to issue
regulations and Letters of
Authorizations allowing the take of
marine mammals incidental to specified
activities.
The NDAA (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity’’ to read as follows (Section
3(18)(B) of the MMPA): ‘‘(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).’’
An authorization for incidental taking
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.’’
Regulations governing the taking of
individuals of two species of marine
mammals, by Level A and Level B
harassment, incidental to Eglin AFB
testing and training activities in the
EGTTR are valid from February 13, 2018
through February 12, 2023 and are
codified at 50 CFR part 218, subpart G.
The regulations include mitigation,
monitoring, and reporting requirements.
Pursuant to those regulations, NMFS
issued a five-year LOA on February 8,
2018. For detailed information on this
action, please refer to the February 8,
2018 Federal Register notice (83 FR
5545) and 50 CFR part 218, subpart G.
Summary of Request
On April 15, 2017, NMFS received a
request for regulations from Eglin AFB
for the taking of marine mammals
incidental to testing and training
activities in the EGTTR (defined as the
area and airspace over the Gulf of
Mexico controlled by Eglin AFB,
VerDate Sep<11>2014
21:39 Mar 05, 2018
Jkt 244001
beginning at a point three nautical miles
(NM) off the coast of Florida) for a
period of five years. On August 24,
2017, we published a notice of receipt
of Eglin AFB’s application in the
Federal Register (82 FR 40141),
requesting comments and information
for thirty days related to Eglin AFB’s
request. We subsequently published a
notice of proposed rulemaking in the
Federal Register on December 27, 2017
(82 FR 61372), again requesting public
comments. To support issuance of the
LOA, NMFS adopted the USAF’s 2015
Eglin Gulf Test and Training Range
Environmental Assessment and issued a
Finding of No Significant Impact
(FONSI) on February 2, 2018. The final
rule (83 FR 5545, February 8, 2018) and
Eglin AFB’s EA include a complete
description of the specified training
activities incidental to which NMFS is
authorizing take of marine mammals.
Air-to-surface exercises involving
surface and subsurface live munition
detonations are the stressors most likely
to result in impacts on marine mammals
that could rise to the level of
harassment.
Authorization
We have issued a LOA to Eglin AFB
authorizing the take of marine
mammals, by harassment, incidental to
testing and training activities on the
EGTTR. The level and type of take
authorized by the LOA is the same as
the level and type of take analyzed in
and covered by the final rule (83 FR
5545, February 8, 2018). Take by
mortality or serious injury is not
anticipated or authorized. Take of
marine mammals will be minimized
through implementation of mitigation
and monitoring measures, including:
Mission delay during live ordnance
mission activities if protected species,
large schools of fish, or large flocks of
birds are observed feeding at the surface
within the zone of influence; mission
delay if daytime weather and/or sea
conditions preclude adequate
monitoring for detecting marine
mammals and other marine life;
aborting activities for remainder of day
if one or more sperm or baleen whales
are detected during pre-mission
monitoring activities; and ramp-up
procedures will be implemented for
gunnery operations. Eglin AFB is
required to also comply with monitoring
and reporting measures under 50 CFR
218.65 which includes use of vesselbased monitoring, aerial-based
monitoring and video-based monitoring
via live high-definition video feed;
employment of marine mammal
monitors who have completed Eglin’s
Marine Species Observer Training; and
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Fmt 4703
Sfmt 4703
submission of monitoring reports that
will record all occurrences of marine
mammals and any behavior or
behavioral reactions observed, any
observed incidents of injury or
behavioral harassment, and any
required mission delays. Additionally,
the rule and LOA include an adaptive
management component that allows for
timely modification of mitigation or
monitoring measures based on new
information, when appropriate. For full
details on the mitigation, monitoring,
and reporting requirements, please refer
to the final rule (83 FR 5545; February
8, 2018).
Issuance of the LOA is based on
findings, described in the preamble to
the final rule, that the total taking of
marine mammals incidental to the
testing and training activities in the
EGTTR will have a negligible impact on
the affected marine mammal species or
stocks and will not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
The LOA will remain valid through
February 12, 2023, provided Eglin AFB
remains in conformance with the
conditions of the regulations and the
LOA, including the mitigation,
monitoring, and reporting requirements
described in 50 CFR part 218, subpart G
and the LOA.
Dated: February 28, 2018.
Donna Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–04472 Filed 3–5–18; 8:45 am]
BILLING CODE 3510–22–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Community Bank Advisory Council
Meeting
Bureau of Consumer Financial
Protection.
ACTION: Notice of public meeting.
AGENCY:
Under the Federal Advisory
Committee Act (FACA), this notice sets
forth the announcement of a public
meeting of the Community Bank
Advisory Council (CBAC or Council) of
the Consumer Financial Protection
Bureau (Bureau or CFPB). The notice
also describes the functions of the
Council.
SUMMARY:
The meeting date is Thursday,
March 22, 2018, 9:00 a.m. to 12:00 p.m.;
1:15 p.m. to 3:30 p.m. eastern daylight
time. The CBAC Card, Payment, and
Deposits Markets Subcommittee, CBAC
Consumer Lending Subcommittee, and
DATES:
E:\FR\FM\06MRN1.SGM
06MRN1
]]>Agencies
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9497-9498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04472]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 170831846-8105-02]
RIN 0648-BH21
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Testing and Training Activities Conducted in the Eglin
Gulf Test and Training Range in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notice is hereby given that a Letter of
Authorization (LOA) has been issued to the United States Air Force
(USAF) 96th Civil Engineer Group/Environmental Planning Office (96 CEG/
CEIEA) at Eglin Air Force Base (AFB) to take marine mammals incidental
to testing and training activities in the Eglin Gulf Test and Training
Range (EGTTR) in the Gulf of Mexico over the course of five years.
These activities are considered military readiness activities pursuant
to the MMPA, as amended by the National Defense Authorization Act of
2004 (NDAA).
DATES: This LOA is valid from February 13, 2018 through February 12,
2023.
ADDRESSES: The LOA and supporting documents may be obtained online at:
www.nmfs.noaa.gov/pr/permits/incidental/military.htm. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected
Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA directs 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 regulations are
issued. Under the MMPA, the term ``take'' means to harass, hunt,
capture, or kill or to attempt to harass, hunt, capture, or kill marine
mammals. NMFS
[[Page 9498]]
has been delegated the authority to issue regulations and Letters of
Authorizations allowing the take of marine mammals incidental to
specified activities.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity'' to read as follows (Section 3(18)(B) of the MMPA):
``(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).''
An authorization for incidental taking 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.''
Regulations governing the taking of individuals of two species of
marine mammals, by Level A and Level B harassment, incidental to Eglin
AFB testing and training activities in the EGTTR are valid from
February 13, 2018 through February 12, 2023 and are codified at 50 CFR
part 218, subpart G. The regulations include mitigation, monitoring,
and reporting requirements. Pursuant to those regulations, NMFS issued
a five-year LOA on February 8, 2018. For detailed information on this
action, please refer to the February 8, 2018 Federal Register notice
(83 FR 5545) and 50 CFR part 218, subpart G.
Summary of Request
On April 15, 2017, NMFS received a request for regulations from
Eglin AFB for the taking of marine mammals incidental to testing and
training activities in the EGTTR (defined as the area and airspace over
the Gulf of Mexico controlled by Eglin AFB, beginning at a point three
nautical miles (NM) off the coast of Florida) for a period of five
years. On August 24, 2017, we published a notice of receipt of Eglin
AFB's application in the Federal Register (82 FR 40141), requesting
comments and information for thirty days related to Eglin AFB's
request. We subsequently published a notice of proposed rulemaking in
the Federal Register on December 27, 2017 (82 FR 61372), again
requesting public comments. To support issuance of the LOA, NMFS
adopted the USAF's 2015 Eglin Gulf Test and Training Range
Environmental Assessment and issued a Finding of No Significant Impact
(FONSI) on February 2, 2018. The final rule (83 FR 5545, February 8,
2018) and Eglin AFB's EA include a complete description of the
specified training activities incidental to which NMFS is authorizing
take of marine mammals. Air-to-surface exercises involving surface and
subsurface live munition detonations are the stressors most likely to
result in impacts on marine mammals that could rise to the level of
harassment.
Authorization
We have issued a LOA to Eglin AFB authorizing the take of marine
mammals, by harassment, incidental to testing and training activities
on the EGTTR. The level and type of take authorized by the LOA is the
same as the level and type of take analyzed in and covered by the final
rule (83 FR 5545, February 8, 2018). Take by mortality or serious
injury is not anticipated or authorized. Take of marine mammals will be
minimized through implementation of mitigation and monitoring measures,
including: Mission delay during live ordnance mission activities if
protected species, large schools of fish, or large flocks of birds are
observed feeding at the surface within the zone of influence; mission
delay if daytime weather and/or sea conditions preclude adequate
monitoring for detecting marine mammals and other marine life; aborting
activities for remainder of day if one or more sperm or baleen whales
are detected during pre-mission monitoring activities; and ramp-up
procedures will be implemented for gunnery operations. Eglin AFB is
required to also comply with monitoring and reporting measures under 50
CFR 218.65 which includes use of vessel-based monitoring, aerial-based
monitoring and video-based monitoring via live high-definition video
feed; employment of marine mammal monitors who have completed Eglin's
Marine Species Observer Training; and submission of monitoring reports
that will record all occurrences of marine mammals and any behavior or
behavioral reactions observed, any observed incidents of injury or
behavioral harassment, and any required mission delays. Additionally,
the rule and LOA include an adaptive management component that allows
for timely modification of mitigation or monitoring measures based on
new information, when appropriate. For full details on the mitigation,
monitoring, and reporting requirements, please refer to the final rule
(83 FR 5545; February 8, 2018).
Issuance of the LOA is based on findings, described in the preamble
to the final rule, that the total taking of marine mammals incidental
to the testing and training activities in the EGTTR will have a
negligible impact on the affected marine mammal species or stocks and
will not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
The LOA will remain valid through February 12, 2023, provided Eglin
AFB remains in conformance with the conditions of the regulations and
the LOA, including the mitigation, monitoring, and reporting
requirements described in 50 CFR part 218, subpart G and the LOA.
Dated: February 28, 2018.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-04472 Filed 3-5-18; 8:45 am]
BILLING CODE 3510-22-P
