Pacific Fishery Management Council; Public Meeting, 6144-6145 [2022-02288]
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices
the AK BSAI Pacific cod pot fishery to
authorize the incidental take of ESAlisted species or stocks during
commercial fishing operations. If,
during the three-year authorization,
there is a significant change in the
information or conditions used to
support any of these determinations,
NMFS will re-evaluate whether to
amend or modify the authorization, after
notice and opportunity for public
comment.
khammond on DSKJM1Z7X2PROD with NOTICES
ESA Section 7 and National
Environmental Policy Act
Requirements
References
ESA section 7(a)(2) requires federal
agencies to ensure that actions they
authorize, fund, or carry out do not
jeopardize the existence of any species
listed under the ESA, or destroy or
adversely modify designated critical
habitat of any ESA-listed species. The
effects of the AK BSAI Pacific cod pot
fishery on ESA-listed marine mammals,
were analyzed in the ESA section 7
Biological Opinion for the BSAI
Groundfish Fishery Management Plan.
Under section 7 of the ESA, Biological
Opinions analyze the effects of the
proposed action on ESA-listed species
and their critical habitat and, where
appropriate, exempt anticipated future
take of ESA-listed species as specified
in the incidental take statement. Under
MMPA section 101(a)(5)(E), NMFS
analyzes previously documented M/SI
incidental to commercial fisheries
through the negligible impact
determination process, and when the
necessary findings can be made, issues
a MMPA section 101(a)(5)(E) permit that
allows for an unspecified amount of
incidental taking of specific ESA-listed
marine mammal stocks while engaging
in commercial fishing operations. Thus,
the applicable standards and resulting
analyses under the MMPA and ESA
differ, and as such, may not always
align.
The National Environmental Policy
Act (NEPA) requires Federal agencies to
evaluate the impacts of alternatives for
their actions on the human
environment. Because the permit would
not modify any fishery operation and
the effects of the fishery operations have
been evaluated in accordance with
NEPA, no additional NEPA analysis
beyond that conducted for the
associated Fishery Management Plan is
required for the permit. Issuing the
permit would have no additional impact
on the human environment or effects on
threatened or endangered species
beyond those analyzed in these
documents.
VerDate Sep<11>2014
18:08 Feb 02, 2022
Public Comments
On December 15, 2021, NMFS
published a notice and request for
comments in the Federal Register for
the proposed issuance of a permit under
MMPA section 101(a)(5)(E) to vessels
registered in the Category II AK BSAI
Pacific cod pot fishery (86 FR 71236).
The public comment period closed on
December 30, 2021. NMFS received one
non-substantive comment letter
opposing the proposed issuance of the
permit and underlying preliminary
negligible impact determination.
Jkt 256001
Muto, M.M., V.T. Helker, B.J. Delean, N.C.
Young, J.C. Freed, R.P. Angliss, N.A.
Friday, P.L. Boveng, J.M. Breiwick, B.M.
Brost, M.F. Cameron, P.J. Clapham, J.L.
Crance, S.P. Dahle, M.E. Dahlheim, B.S.
Fadely, M.C. Ferguson, L.W. Fritz, K.T.
Goetz, R.C. Hobbs, Y.V. Ivashchenko,
A.S. Kennedy, J.M. London, S.A.
Mizroch, R.R. Ream, E.L. Richmond, K.E.
W. Shelden, K.L. Sweeney, R.G. Towell,
P.R. Wade, J.M. Waite, and A.N. Zerbini.
2021. Alaska marine mammal stock
assessments, 2020. U.S. Department of
Commerce, NOAA Tech. Memo. NMFS–
AFSC–421. 398 p.
National Marine Fisheries Service (NMFS).
2021. Occurrence of Endangered Species
Act (ESA) Listed Humpback Whales off
Alaska. 4 p. Available online: https://
media.fisheries.noaa.gov/2021-12/
Guidance-Humpbacks-Alaska.pdf.
National Marine Fisheries Service (NMFS).
2020. National Marine Fisheries Service
Procedure 02–204–02: Criteria for
Determining Negligible Impact under
MMPA Section 101(a)(5)(E). 20 p.
Available online: https://www.fisheries.
noaa.gov/national/laws-and-policies/
protected-resources-policy-directives.
National Marine Fisheries Service (NMFS).
2019. National Marine Fisheries Service
Procedure 02–204–03: Reviewing and
designating stocks and issuing Stock
Assessment Reports under the Marine
Mammal Protection Act. 9 p. Available
online: https://www.fisheries.noaa.gov/
national/laws-and-policies/protectedresources-policy-directives
National Marine Fisheries Service (NMFS).
2016. National Marine Fisheries Service
Procedure 02–204–01: Guidelines for
preparing stock assessment reports
pursuant to the 1994 amendments to the
Marine Mammal Protection Act. 23 p.
Available online: https://www.fisheries.
noaa.gov/national/marine-mammalprotection/guidelines-assessing-marinemammal-stocks.
National Marine Fisheries Service (NMFS).
2014. National Marine Fisheries Service
Procedure 02–238–01: Process for
Distinguishing Serious from Non-Serious
Injury of Marine Mammals. 42 p.
Available online: https://www.fisheries.
noaa.gov/national/marine-mammalprotection/marine-mammal-protectionact-policies-guidance-and-regulations
Wade, P. R. 2021. Estimates of abundance
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and migratory destination for North
Pacific humpback whales in both
summer feeding areas and winter mating
and calving areas. International Whaling
Commission. SC/68c/IA/03. 32 p.
https://archive.iwc.int/.
Dated: January 28, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–02166 Filed 2–2–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB776]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Ad Hoc Groundfish Electronic
Monitoring Policy Advisory Committee
and Technical Advisory Committee
(Committees) will hold two webinars,
which are open to the public.
DATES: The online meetings will be held
February 23 and March 30, 2022, from
9 a.m. to 12 p.m., Pacific Time each day
or until work for the day is completed.
ADDRESSES: These meetings will be held
online. Specific meeting information,
including directions on how to join the
meetings and system requirements will
be provided in the meeting
announcements on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Brett Wiedoff, Staff Officer, Pacific
Council; telephone: (503) 820–2424.
SUPPLEMENTARY INFORMATION: The
purpose of these webinars is to discuss
continued development of the West
Coast Electronic Monitoring Program
(EM Program). The Committees will
begin scoping EM Program issues and
conduct a workload planning process to
identify future meetings and topics at
the February 23rd webinar. The March
30th webinar will be a work session to
SUMMARY:
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices
discuss meeting materials and topics
that will be presented at the April 2022
Council meeting.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document 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 intent to take final action to address
the emergency.
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 31, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–02288 Filed 2–2–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB764]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to U.S. Navy
Construction at Naval Station Newport,
Rhode Island
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), as amended, and
implementing regulations, notification
is hereby given that a Letter of
Authorization (LOA) has been issued to
the U.S. Navy (Navy) for the take of
marine mammals incidental to
construction activities at Naval Station
Newport, in Newport, Rhode Island.
DATES: LOA effective from May 15, 2022
through May 14, 2027.
ADDRESSES: The LOA and supporting
documentation are available online at:
https://www.fisheries.noaa.gov/action/
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SUMMARY:
VerDate Sep<11>2014
18:08 Feb 02, 2022
Jkt 256001
incidental-take-authorization-us-navyconstruction-naval-station-newportrhode-island. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Stephanie Egger, 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.
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 December 15, 2021, we issued a
final rule upon request from the Navy
for authorization to take marine
mammals incidental to construction
activities (86 FR 71162). The Navy plans
to conduct construction activities for
bulkhead replacement and repairs at
Naval Station Newport. This
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6145
construction will include use of
vibratory pile driving and removal, and
impact pile driving. The use of both
vibratory and impact pile driving is
expected to produce underwater sound
at levels that have the potential to result
in Level A and Level B harassment of
marine mammals.
Authorization
We have issued a LOA to Navy
authorizing the take of marine mammals
incidental to construction activities, as
described above. Take of marine
mammals will be minimized through
the implementation of the following
planned mitigation measures: (1)
Required monitoring of the construction
area to detect the presence of marine
mammals before beginning construction
activities; (2) shutdown of construction
activities under certain circumstances to
avoid injury of marine mammals; and
(3) soft start for impact pile driving to
allow marine mammals the opportunity
to leave the area prior to beginning
impact pile driving at full power.
Additionally, the rule includes an
adaptive management component that
allows for timely modification of
mitigation or monitoring measures
based on new information, when
appropriate. The Navy will submit
reports as required.
Based on these findings and the
information discussed in the preamble
to the final rule, the activities described
under this LOA will have a negligible
impact on marine mammal stocks and
will not have an unmitigable adverse
impact on the availability of the affected
marine mammal stock for subsistence
uses.
Dated: January 28, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–02164 Filed 2–2–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB768]
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 68OA Life
History Topical Working Group data
AGENCY:
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]]>Agencies
[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6144-6145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02288]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB776]
Pacific Fishery Management Council; Public Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The Pacific Fishery Management Council's (Pacific Council) Ad
Hoc Groundfish Electronic Monitoring Policy Advisory Committee and
Technical Advisory Committee (Committees) will hold two webinars, which
are open to the public.
DATES: The online meetings will be held February 23 and March 30, 2022,
from 9 a.m. to 12 p.m., Pacific Time each day or until work for the day
is completed.
ADDRESSES: These meetings will be held online. Specific meeting
information, including directions on how to join the meetings and
system requirements will be provided in the meeting announcements on
the Pacific Council's website (see www.pcouncil.org). You may send an
email to Mr. Kris Kleinschmidt ([email protected]) or contact
him at (503) 820-2412 for technical assistance.
Council address: Pacific Fishery Management Council, 7700 NE
Ambassador Place, Suite 101, Portland, OR 97220-1384.
FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, Staff Officer, Pacific
Council; telephone: (503) 820-2424.
SUPPLEMENTARY INFORMATION: The purpose of these webinars is to discuss
continued development of the West Coast Electronic Monitoring Program
(EM Program). The Committees will begin scoping EM Program issues and
conduct a workload planning process to identify future meetings and
topics at the February 23rd webinar. The March 30th webinar will be a
work session to
[[Page 6145]]
discuss meeting materials and topics that will be presented at the
April 2022 Council meeting.
Although non-emergency issues not contained in the meeting agenda
may be discussed, those issues may not be the subject of formal action
during this meeting. Action will be restricted to those issues
specifically listed in this document and any issues arising after
publication of this document 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 intent to
take final action to address the emergency.
Special Accommodations
Requests for sign language interpretation or other auxiliary aids
should be directed to Mr. Kris Kleinschmidt
([email protected]; (503) 820-2412) at least 10 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 31, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2022-02288 Filed 2-2-22; 8:45 am]
BILLING CODE 3510-22-P
