Marine Mammals; File No. 22156, 4156-4157 [2023-01292]

Download as PDF 4156 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices tkelley on DSK125TN23PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Kathleen Howington, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571–4371; email: Kathleen.Howington@safmc.net. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a threestep process including: (1) Data Workshop; (2) Assessment Process utilizing webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and nongovernmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies. The items of discussion at the SEDAR 76 South Atlantic Black Sea Bass Assessment Webinar 5 are as follows: Discuss any remaining data issues, model development, and model setup. Finalize data and assessment discussion. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically VerDate Sep<11>2014 19:17 Jan 23, 2023 Jkt 259001 identified in this notice and any issues arising after publication of this notice 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 This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the South Atlantic Fishery Management Council office (see ADDRESSES) at least 5 business days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Authority: 16 U.S.C. 1801 et seq. Dated: January 19, 2023. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–01309 Filed 1–23–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC712] Marine Mammals; File No. 22156 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that Douglas Nowacek, Ph.D., Nicholas School of the Environment, Duke University Marine Laboratory, 135 Duke Marine Lab Rd., Beaufort, NC 28516, has applied for an amendment to Scientific Research Permit No. 22156–02. DATES: Written, telefaxed, or email comments must be received on or before February 23, 2023. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the ‘‘Features’’ box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 22156 mod No. 9 from the list of available applications. These documents are also available upon written request via email to NMFS.Pr1Comments@noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 include File No. 22156 mod 9 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Shasta McClenahan, Ph.D., (301)427–8401. SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 22156–02 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). Permit No. 22156, issued on May 8, 2020, (85 FR 35637), authorizes the permit holder to conduct research on 31 cetacean species in U.S. and international waters of the North Atlantic Ocean. Species include endangered blue (Balaenoptera musculus); fin (B. physalus); sei (B. borealis); and sperm (Physeter macrocephalus) whales. The purpose of the research is to study cetacean behavior, foraging ecology, body condition, health status, population structure, and use of and response to sounds. The permit authorizes surveys by vessel and an unmanned aircraft system (UAS) to approach, count, observe, photograph, remotely measure, and track cetaceans. During surveys, researchers may conduct acoustic playback trials, collect biological samples, and tag (suction-cup or dart) animals, with some species receiving two tags at a time. Non-target cetaceans in the vicinity of research may be unintentionally harassed. Biological samples collected in international waters may be imported into the United States and cell lines may be developed from tissue samples. Two minor amendments to the permit were issued to update biopsy sampling mitigation measures (Permit No. 22156–01; January 29, 2021) and expand the use of UAS to all authorized species (Permit No. 22156–02; May 23, 2022). The permit holder is requesting to amend the permit to allow dart tagging of juveniles and adults of 12 species currently authorized for other research methods: Atlantic spotted dolphins (Stenella frontalis); blue whales; bottlenose dolphins (Tursiops truncatus); clymene E:\FR\FM\24JAN1.SGM 24JAN1 Federal Register / Vol. 88, No. 15 / Tuesday, January 24, 2023 / Notices dolphins (S. clymene); false killer whales (Pseudorca crassidens); melonheaded whales (Peponocephala electra); minke whales (B. acutorostrata); pantropical spotted dolphins (S. attenuata); pygmy killer whales (Feresa attenuata); Risso’s dolphins (Grampus griseus); sei whales; and short-beaked common dolphins (Delphinus delphis). Annual take numbers currently authorized for each species would not increase, but would be reallocated to allow for dart tagging of 50 animals of each species of baleen whale and 30 animals of each odontocete species annually. In addition, the permit holder is requesting to reallocate takes of fin whales to increase the number of whales authorized for dart tagging from 10 to 50 whales per year. The purpose of the amendment is to continue to monitor the movement and distribution of these species along the U.S. East Coast; this is work that was previously conducted with a collaborator under a separate research permit. The amendment would be valid for the duration of the permit, until May 31, 2025. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: January 18, 2023. Amy Sloan, Acting Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–01292 Filed 1–23–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration tkelley on DSK125TN23PROD with NOTICES RIN 0648–BI59 Atlantic Highly Migratory Species; Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of agency decision. AGENCY: VerDate Sep<11>2014 19:17 Jan 23, 2023 Jkt 259001 NMFS announces the approval of Amendment 14 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). Amendment 14 revises the mechanism or ‘‘framework’’ used in establishing quotas and related management measures for Atlantic shark fisheries. The revised framework will modify the procedures followed in establishing the acceptable biological catch (ABC) and annual catch limits (ACLs) for Atlantic sharks and the process used to account for carryover or underharvests of quotas. It will also allow the option to phase-in ABC control rules and to adopt multi-year overfishing status determination criteria in some circumstances. Amendment 14 does not make changes to the current quotas or other management measures. Any operational changes to fishery management measures as a result of Amendment 14 would be considered in future rulemakings, as appropriate. DATES: Amendment 14 was approved on January 18, 2023. ADDRESSES: Electronic copies of Amendment 14 to the 2006 Consolidated HMS FMP may be obtained on the internet at https:// www.fisheries.noaa.gov/action/ amendment-14-2006-consolidated-hmsfishery-management-plan-shark-quotamanagement. FOR FURTHER INFORMATION CONTACT: Guy DuBeck (Guy.DuBeck@noaa.gov), Karyl Brewster-Geisz (Karyl.Brewster-Geisz@ noaa.gov), or Ann Williamson (Ann.Williamson@noaa.gov) by email, or by phone at 301–427–8503. SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries (tunas, billfish, swordfish, and sharks) are managed under the authority of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the Magnuson-Stevens Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS FMP (2006 Consolidated HMS FMP) and its amendments are implemented by regulations at 50 CFR part 635. The Magnuson-Stevens Act requires that any FMP or FMP amendment be consistent with 10 National Standards (NS). Specifically, NS1 requires ‘‘conservation and management measure shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.’’ In 2016, NMFS revised the NS1 guidelines to improve, streamline, and enhance their utility for managers and the public to facilitate compliance with the requirements of the Magnuson-Stevens SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 4157 Act and provide management flexibility in doing so (81 FR 71858, October 18, 2016). The revised NS1 guidelines have provided NMFS the opportunity to increase management flexibility to ensure scientific uncertainty and variability in shark harvests are accurately accounted for. Amendment 14 modifies the mechanism or ‘‘framework’’ used to establish ABC and ACLs for Atlantic shark stocks and management complexes. The new framework incorporates several of the management options in the 2016 revised NS1 guidelines that allow for more flexibility to respond to current conditions in Atlantic shark fisheries. Specifically, Amendment 14 will establish the management measures described below. ABC Control Rule: Implement a general approach to the development of ABC control rules for Atlantic shark stocks and management complexes. The tiered ABC control rule will categorize stocks or management complexes into appropriate tiers, taking into account the stock status of the species, data availability, and data uncertainty in the development of the ABCs. Because of the technical complexity in determining the appropriate level of scientific uncertainty for all stocks across all the different methodologies used in past shark stock assessments, NOAA Fisheries may phase-in the ABC control rule changes for some shark stocks over time. Phase-In ABC Control Rule: Phase-in ABC control rules to allow NMFS to phase in changes in the ABC over up to a three-year period, as long as overfishing is prevented. A phase-in ABC control rule allows for greater flexibility in setting the ABC following a stock assessment. ACL Development: Actively manage all sector ACLs (commercial and recreational) and establish an ACL for each Atlantic shark management group (i.e., a group of shark species that are combined for quota management purposes), without commercial ACL species linkage considerations. This will help ensure the ACL remains below the ABC and improve accountability and monitoring across all sectors. Carry-Over of Underharvested ACL: Change the carry-over provisions to allow carry-over of unused quota to the next year, only for underharvest of commercial quotas (landings only) under certain conditions (i.e., the stock is not overfished and not experiencing overfishing), as long as the overall ACL remains below the ABC. Carry-over allows for fuller utilization of available commercial ACLs, helping to achieve optimum yield. E:\FR\FM\24JAN1.SGM 24JAN1

Agencies

[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4156-4157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01292]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC712]


Marine Mammals; File No. 22156

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for permit amendment.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that Douglas Nowacek, Ph.D., Nicholas 
School of the Environment, Duke University Marine Laboratory, 135 Duke 
Marine Lab Rd., Beaufort, NC 28516, has applied for an amendment to 
Scientific Research Permit No. 22156-02.

DATES: Written, telefaxed, or email comments must be received on or 
before February 23, 2023.

ADDRESSES: The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
``Features'' box on the Applications and Permits for Protected Species 
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File 
No. 22156 mod No. 9 from the list of available applications. These 
documents are also available upon written request via email to 
[email protected].
    Written comments on this application should be submitted via email 
to [email protected]. Please include File No. 22156 mod 9 in 
the subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request via email to [email protected]. The request 
should set forth the specific reasons why a hearing on this application 
would be appropriate.

FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Shasta McClenahan, 
Ph.D., (301)427-8401.

SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 22156-02 
is requested under the authority of the Marine Mammal Protection Act of 
1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing 
the taking and importing of marine mammals (50 CFR part 216), the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), 
and the regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR parts 222-226).
    Permit No. 22156, issued on May 8, 2020, (85 FR 35637), authorizes 
the permit holder to conduct research on 31 cetacean species in U.S. 
and international waters of the North Atlantic Ocean. Species include 
endangered blue (Balaenoptera musculus); fin (B. physalus); sei (B. 
borealis); and sperm (Physeter macrocephalus) whales. The purpose of 
the research is to study cetacean behavior, foraging ecology, body 
condition, health status, population structure, and use of and response 
to sounds. The permit authorizes surveys by vessel and an unmanned 
aircraft system (UAS) to approach, count, observe, photograph, remotely 
measure, and track cetaceans. During surveys, researchers may conduct 
acoustic playback trials, collect biological samples, and tag (suction-
cup or dart) animals, with some species receiving two tags at a time. 
Non-target cetaceans in the vicinity of research may be unintentionally 
harassed. Biological samples collected in international waters may be 
imported into the United States and cell lines may be developed from 
tissue samples. Two minor amendments to the permit were issued to 
update biopsy sampling mitigation measures (Permit No. 22156-01; 
January 29, 2021) and expand the use of UAS to all authorized species 
(Permit No. 22156-02; May 23, 2022). The permit holder is requesting to 
amend the permit to allow dart tagging of juveniles and adults of 12 
species currently authorized for other research methods: Atlantic 
spotted dolphins (Stenella frontalis); blue whales; bottlenose dolphins 
(Tursiops truncatus); clymene

[[Page 4157]]

dolphins (S. clymene); false killer whales (Pseudorca crassidens); 
melon-headed whales (Peponocephala electra); minke whales (B. 
acutorostrata); pantropical spotted dolphins (S. attenuata); pygmy 
killer whales (Feresa attenuata); Risso's dolphins (Grampus griseus); 
sei whales; and short-beaked common dolphins (Delphinus delphis). 
Annual take numbers currently authorized for each species would not 
increase, but would be reallocated to allow for dart tagging of 50 
animals of each species of baleen whale and 30 animals of each 
odontocete species annually. In addition, the permit holder is 
requesting to reallocate takes of fin whales to increase the number of 
whales authorized for dart tagging from 10 to 50 whales per year. The 
purpose of the amendment is to continue to monitor the movement and 
distribution of these species along the U.S. East Coast; this is work 
that was previously conducted with a collaborator under a separate 
research permit. The amendment would be valid for the duration of the 
permit, until May 31, 2025.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: January 18, 2023.
Amy Sloan,
Acting Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2023-01292 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-22-P
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