Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries and Ecosystem Monitoring and Research Activities, 13983-13984 [2022-05225]
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Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices
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) ;rsted’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.
lotter on DSK11XQN23PROD with NOTICES1
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must evaluate our
proposed action (i.e., issuance of
incidental harassment authorization)
and alternatives with respect to
potential impacts on the human
environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 of the
Companion Manual for NAO 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS has determined that the issuance
of the Renewal IHA qualifies to be
categorically excluded from further
NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (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 NMFS
Greater Atlantic Regional Fisheries
Office (GARFO), whenever we propose
to authorize take of endangered or
threatened species.
The NMFS Office of Protected
Resources is authorizing the incidental
take of four species of marine mammals
that are listed under the ESA: The North
Atlantic right, fin, sei and sperm whale.
We requested initiation of consultation
under Section 7 of the ESA with NMFS
GARFO on July 1, 2020, for issuance of
the initial IHA. Previously, BOEM
consulted with NMFS GARFO under
section 7 of the ESA on commercial
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wind lease issuance and site assessment
activities on the Atlantic Outer
Continental Shelf in Massachusetts,
Rhode Island, New York and New Jersey
Wind Energy Areas. The NMFS GARFO
issued a Biological Opinion in 2013
concluding that these activities may
adversely affect but are not likely to
jeopardize the continued existence of
the North Atlantic right, fin, sei and
sperm whale. Upon request from the
NMFS Office of Protected Resources,
NMFS GARFO issued a Letter of
Concurrence on September 24, 2020
concluding that the initial IHA issuance
fell under the scope of the 2013
Biological Opinion and that the initial
IHA issuance was not likely to adversely
affect ESA-listed marine mammal
species. The proposed Renewal IHA
provides no new information about the
effects of the action, nor does it change
the extent of effects of the action, or any
other basis to require reinitiation of
consultation with NMFS GARFO;
therefore, the consultation and
determinations for the initial IHA
remains valid.
13983
Notice; receipt of application for
letter of authorization; request for
comments and information.
ACTION:
National Oceanic and Atmospheric
Administration
NMFS has received a request
from the California Department of Fish
and Wildlife (CDFW), on behalf of the
Interagency Ecological Program (IEP),
for authorization to take marine
mammals incidental to conducting
fisheries and ecosystem monitoring and
research activities within the San
Francisco Bay-Delta Estuary, CA, over
the course of five years. Pursuant to
regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS
is announcing receipt of CDFW’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 CDFW’s
application and request.
DATES: Comments and information must
be received no later than April 11, 2022.
ADDRESSES: Comments on the
application should be addressed to Jolie
Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service and 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. All comments
received are a part of the public record
and will generally be posted online at
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities 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:
[RTID 0648–XB879]
Availability
Renewal
NMFS has issued a Renewal IHA to
;rsted for the take of marine mammals
incidental to marine site
characterization survey activities
offshore from New York to
Massachusetts in the areas of the
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS–A
0486/0517, OCS–A 0487, and OCS–A
0500) (Lease Areas) and along potential
submarine ECRs to landfall locations
from New York to Massachusetts,
effective from the date of issuance
through September 24, 2022.
Dated: March 7, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–05102 Filed 3–10–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Fisheries and Ecosystem
Monitoring and Research Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
SUMMARY:
Electronic copies of CDFW’s
application and separate monitoring
plan may be obtained online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing
these documents, please call the contact
listed above.
E:\FR\FM\11MRN1.SGM
11MRN1
13984
Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) 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.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
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 February 11, 2022, NMFS received
an adequate and complete application
from CDFW requesting authorization for
take of marine mammals incidental to
IEP monitoring and research activities
in the San Francisco Bay-Delta Estuary,
California. The requested regulations
would be valid for 5 years. The
proposed action includes the use of
fishing research gear (e.g., nets, trawls,
setlines, and fykes) that may result in
VerDate Sep<11>2014
17:10 Mar 10, 2022
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marine mammal interactions resulting
in Level A harassment, serious injury or
mortality. Therefore, CDFW requests
authorization to incidentally take
marine mammals.
Specified Activities
The IEP consists of multiple State and
Federal agencies operating in the San
Francisco Bay and Sacramento-San
Joaquin Delta. The IEP has been
conducting cooperative ecological
investigations since the 1970s. IEP
agencies partner with non-governmental
organizations that work together to
develop a better understanding of the
Bay-Delta estuary’s fish and wildlife,
water quality, hydrodynamics and
impacts of human activities on ecology.
IEP’s key studies specifically address
the effects of the State Water Project and
Federal Central Valley Project water
project operations on the Delta and San
Francisco Estuary. Many of the surveys
monitor abundance and distribution of
fish so to reduce entrainment risk at the
water project export facilities in the
south Delta.
IEP fish monitoring studies include
use of various gears including midwater,
otter, and Kodiak trawls (trawls), gill
and trammel nets, purse seines and
Lampara nets (nets), setlines and
longlines (setlines), and hoop and fyke
traps (fykes) that could result in
incidental take via entanglement by net
mesh, entrapment by fyke, or hooking
by setlines. IEP studies also use a
variety of other gears, such as backpack
or boat mounted electrofishers, larval
fish trawl nets, zooplankton nets, water
samplers and instrumentation (acoustic
receivers, water quality sondes, etc.)
that are not expected to result in take of
marine mammals.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning CDFW’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 CDFW, if
appropriate.
Dated: March 8, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–05225 Filed 3–10–22; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB870]
Atlantic Coastal Fisheries Cooperative
Management 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:
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
contains all of the required information
and warrants further consideration. The
Exempted Fishing Permit would allow
commercial fishing vessels to fish
outside fishery regulations in support of
research conducted by the applicant.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act and the Atlantic
Coastal Fisheries Cooperative
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed Exempted
Fishing Permits.
DATES: Comments must be received on
or before March 28, 2022.
ADDRESSES: You may submit written
comments by the following method:
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘AOLA Early
Benthic-Phase Lobster Trap EFP.’’
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, Laura.Deighan@noaa.gov,
(978) 281–9184.
SUPPLEMENTARY INFORMATION: The
Atlantic Offshore Lobstermen’s
Association submitted a complete
application for an Exempted Fishing
Permit (EFP) to conduct commercial
fishing activities that the regulations
would otherwise restrict to pilot test a
single early benthic-phase (EBP) lobster
trap, which targets lobsters between 15and 50-millimeter carapace length, to
determine its feasibility for broader use
in lobster surveys. This EFP would
exempt the participating vessel from the
Federal regulations described in Table
1.
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13983-13984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05225]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB879]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Fisheries and Ecosystem Monitoring and Research
Activities
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 California Department of
Fish and Wildlife (CDFW), on behalf of the Interagency Ecological
Program (IEP), for authorization to take marine mammals incidental to
conducting fisheries and ecosystem monitoring and research activities
within the San Francisco Bay-Delta Estuary, CA, over the course of five
years. Pursuant to regulations implementing the Marine Mammal
Protection Act (MMPA), NMFS is announcing receipt of CDFW'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 CDFW's application and
request.
DATES: Comments and information must be received no later than April
11, 2022.
ADDRESSES: Comments on the application should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service and should be sent to
[email protected].
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. All comments
received are a part of the public record and will generally be posted
online at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities 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
Electronic copies of CDFW's application and separate monitoring
plan may be obtained online at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. In case of problems accessing these documents, please call
the contact listed above.
[[Page 13984]]
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
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 February 11, 2022, NMFS received an adequate and complete
application from CDFW requesting authorization for take of marine
mammals incidental to IEP monitoring and research activities in the San
Francisco Bay-Delta Estuary, California. The requested regulations
would be valid for 5 years. The proposed action includes the use of
fishing research gear (e.g., nets, trawls, setlines, and fykes) that
may result in marine mammal interactions resulting in Level A
harassment, serious injury or mortality. Therefore, CDFW requests
authorization to incidentally take marine mammals.
Specified Activities
The IEP consists of multiple State and Federal agencies operating
in the San Francisco Bay and Sacramento-San Joaquin Delta. The IEP has
been conducting cooperative ecological investigations since the 1970s.
IEP agencies partner with non-governmental organizations that work
together to develop a better understanding of the Bay-Delta estuary's
fish and wildlife, water quality, hydrodynamics and impacts of human
activities on ecology. IEP's key studies specifically address the
effects of the State Water Project and Federal Central Valley Project
water project operations on the Delta and San Francisco Estuary. Many
of the surveys monitor abundance and distribution of fish so to reduce
entrainment risk at the water project export facilities in the south
Delta.
IEP fish monitoring studies include use of various gears including
midwater, otter, and Kodiak trawls (trawls), gill and trammel nets,
purse seines and Lampara nets (nets), setlines and longlines
(setlines), and hoop and fyke traps (fykes) that could result in
incidental take via entanglement by net mesh, entrapment by fyke, or
hooking by setlines. IEP studies also use a variety of other gears,
such as backpack or boat mounted electrofishers, larval fish trawl
nets, zooplankton nets, water samplers and instrumentation (acoustic
receivers, water quality sondes, etc.) that are not expected to result
in take of marine mammals.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning CDFW'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 CDFW, if appropriate.
Dated: March 8, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-05225 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-22-P
