Sunshine Act Meetings, 61896 [2019-24808]
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61896
Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
Comment: The Marine Mammal
Commission (Commission) requested
clarification of certain issues associated
with NMFS’s notice that one-year
Renewals can be issued in certain
limited circumstances and expressed
concern that the process would bypass
the public notice and comment
requirements. The Commission also
suggested that NMFS should discuss the
possibility of Renewals through a more
general route, such as a rulemaking,
instead of notice in a specific
authorization. The Commission further
recommended that if NMFS did not
pursue a more general route, that the
agency provide the Commission and the
public with a legal analysis supporting
our conclusion that this process is
consistent with the requirements of
section 101(a)(5)(D) of the MMPA.
Response: The notice of the proposed
initial IHA expressly notified and
invited comment from the public on the
possibility that under certain, limited
conditions the applicant could seek a
Renewal IHA for an additional year. The
notice described the conditions under
which such a Renewal request could be
considered and expressly sought public
comment in the event such a Renewal
were sought. Further, since issuance of
the initial IHA NMFS has modified the
Renewal process to provide notice
through the Federal Register and an
additional 15-day public comment
period at the time the Renewal IHA is
requested. NMFS also will provide
direct notice of the proposed Renewal to
those who commented on the initial
IHA, to provide an opportunity to
submit any additional comments.
We appreciate the Commission’s
suggestion that NMFS discuss the
potential for IHA Renewals through a
more general route, such as a
rulemaking. However, utilizing the
public comment process associated with
IHAs is more efficient for the agency,
while still providing for appropriate
public input into NMFS’ decisionmaking. Further, NMFS’s recent
modification to the Renewal process
(i.e., soliciting additional public
comment at the time of a Renewal
request) should alleviate the
Commission’s concern about the lack of
additional public comment and need for
a more general rulemaking.
For more information, NMFS has
published a description of the Renewal
process on our website (available at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals).
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Preliminary Determinations
The seabird research and monitoring
activities proposed by Point Blue are
identical to those analyzed in the initial
IHA, as are the planned number of days
of activity, the method of taking, and the
effects of the action. The potential
effects of Point Blue’s activities are
limited to Level B harassment in the
form of behavioral disturbance. In
analyzing the effects of the activity in
the initial IHA, NMFS determined that
Point Blue’s activities would have a
negligible impact on the affected species
or stocks and that the authorized take
numbers of each species or stock were
small relative to the relevant stocks (e.g.,
less than 13 percent of all stocks). The
numbers of marine mammals proposed
to be taken in this authorization are
identical to those authorized in the
initial IHA. The mitigation measures
and monitoring and reporting
requirements as described above are
identical to the initial IHA.
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. This includes
consideration of the estimated
abundance of the California sea lion
stock decreasing slightly. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) The
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4) Point
Blue’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action; and (5)
appropriate monitoring and reporting
requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the West Coast Region
Protected Resources Division Office,
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whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is proposed or expected to result
from this activity. Therefore, NMFS has
determined that formal consultation
under section 7 of the ESA is not
required for this action.
Proposed Renewal and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA Renewal to Point Blue for
conducting seabird research activities in
Central California, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed IHA can be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We
request comment on our analyses, the
proposed Renewal, and any other aspect
of this Notice. Please include with your
comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
Dated: November 7, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–24668 Filed 11–13–19; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
10:00 a.m., Thursday,
November 21, 2019.
PLACE: Three Lafayette Centre, 1155 21st
Street NW, Washington, DC, 9th Floor
Commission Conference Room.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Enforcement matters. In the event that
the time, date, or location of this
meeting changes, an announcement of
the change, along with the new time,
date, and/or place of the meeting will be
posted on the Commission’s website at
https://www.cftc.gov/.
CONTACT PERSON FOR MORE INFORMATION:
Christopher Kirkpatrick, 202–418–5964.
TIME AND DATE:
Authority: 5 U.S.C. 552b.
Dated: November 12, 2019.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2019–24808 Filed 11–12–19; 4:15 pm]
BILLING CODE 6351–01–P
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[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Page 61896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24808]
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COMMODITY FUTURES TRADING COMMISSION
Sunshine Act Meetings
TIME AND DATE: 10:00 a.m., Thursday, November 21, 2019.
PLACE: Three Lafayette Centre, 1155 21st Street NW, Washington, DC, 9th
Floor Commission Conference Room.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Enforcement matters. In the event that the
time, date, or location of this meeting changes, an announcement of the
change, along with the new time, date, and/or place of the meeting will
be posted on the Commission's website at https://www.cftc.gov/.
CONTACT PERSON FOR MORE INFORMATION: Christopher Kirkpatrick, 202-418-
5964.
Authority: 5 U.S.C. 552b.
Dated: November 12, 2019.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2019-24808 Filed 11-12-19; 4:15 pm]
BILLING CODE 6351-01-P
