Marine Mammals; File No. 27361, 60664-60665 [2023-19010]
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60664
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices
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individuals may return multiple times
in a day, but PSOs would count them as
separate takes if they cannot be
individually identified.
The most recent estimate for the
Alaska stock of Dall’s porpoise was
13,110 animals, however this number
just accounts for a portion of the stock’s
range. Therefore, the 183 takes of this
stock authorized is believed to be an
even smaller portion of the overall stock
abundance.
Likewise, there is no current or
historical estimate of the Alaska minke
whale stock, but minke whale
abundance has been estimated to be
over 1,000 whales in portions of Alaska
(Muto et al., 2022) so the 8 takes
proposed for authorization represent
small numbers of this stock.
Additionally, the range of the Alaska
stock of minke whales is extensive,
stretching from the Canadian Pacific
coast to the Chukchi Sea, and DOT&PF’s
project area impacts a small portion of
this range. Therefore, the eight takes of
minke whale proposed for authorization
is small relative to estimated survey
abundance, even if each proposed take
occurred to a new individual.
Based on the analysis contained
herein of the planned activity (including
the mitigation and monitoring
measures) and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals
would be taken relative to the
population size of the affected species
or stocks.
Unmitigable Adverse Impact Analysis
and Determination
In order to issue an IHA, NMFS must
find that the specified activity will not
have an ‘‘unmitigable adverse impact’’
on the subsistence uses of the affected
marine mammal species or stocks by
Alaskan Natives. NMFS has defined
‘‘unmitigable adverse impact’’ in 50 CFR
216.103 as an impact resulting from the
specified activity: (1) That is likely to
reduce the availability of the species to
a level insufficient for a harvest to meet
subsistence needs by: (i) Causing the
marine mammals to abandon or avoid
hunting areas; (ii) Directly displacing
subsistence users; or (iii) Placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) That cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
In the Skagway area, sea lions and
harbor seals are available for subsistence
harvest authorized under the MMPA.
The subsistence areas used by the
Hoonah and Angoon communities are in
the vicinity of the project area, but will
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18:02 Sep 01, 2023
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not directly overlap with the project
areas. During subsistence harvest in
Southeast Alaska in 2012, the most
recent year of available data from the
Alaska Department of Fish and Game,
595 harbor seals were taken, while only
9 sea lions were taken in the region
(Wolfe et al., 2013). The project at worst
may cause short-term disturbance to sea
lions and harbor seals in the area.
The activity will take place in Taiya
Inlet, and no activities overlap with
subsistence hunting areas; therefore,
there are no relevant subsistence uses of
marine mammals adversely impacted by
this action. The planned project is not
likely to adversely impact the
availability of any marine mammal
species or stocks that are commonly
used for subsistence purposes or to
impact subsistence harvest of marine
mammals in the region because:
• Construction activities are localized
and temporary;
• Mitigation measures will be
implemented to minimize disturbance
of marine mammals in the action area;
and,
• The project will not result in
significant changes to availability of
subsistence resources.
Based on the description of the
specified activity, the measures
described to minimize adverse effects
on the availability of marine mammals
for subsistence purposes, and the
mitigation and monitoring measures,
NMFS has determined that there will
not be an unmitigable adverse impact on
subsistence uses from MOS’s activities.
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
whenever we plan to authorize take for
endangered or threatened species, in
this case with the Alaska Regional
Office.
NMFS is authorizing take of the
Mexico-North Pacific stock of
humpback whale and the Western US
stock of Steller sea lion, which are listed
or include individuals that are listed
under the ESA.
The Permit and Conservation Division
completed a Section 7 consultation with
the Alaska Regional Office for the
issuance of this IHA on August 23,
2023. The Alaska Regional Office’s
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Sfmt 4703
biological opinion states that the action
is not likely to jeopardize the continued
existence of the listed species.
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 review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 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
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
Authorization
As a result of these determinations,
NMFS has issued an IHA to MOS for the
potential harassment of small numbers
of 7 marine mammal species incidental
to the terminal redevelopment project in
Skagway, Alaska that includes the
previously explained mitigation,
monitoring, and reporting requirements.
The final IHA can be found at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorizationmunicipality-skagways-skagway-oreterminal-redevelopment.
Dated: August 29, 2023.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–19029 Filed 9–1–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD310]
Marine Mammals; File No. 27361
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Brent Stewart, Ph.D., Brent S Stewart
Associates, 3889 Creststone Place, San
SUMMARY:
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices
Diego, CA 92130, has applied in due
form for a permit to conduct research on
pinnipeds in California.
DATES: Written comments must be
received on or before October 5, 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. 27361 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
include File No. 27361 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:
Carrie Hubard or Courtney Smith, Ph.D.,
(301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The applicant proposes to study
California sea lions (Zalophus
californianus), northern elephant seals
(Mirounga angustirostris), and harbor
seals (Phoca vitulina) at several sites in
California, including San Nicolas Island,
San Miguel Island, Santa Rosa Island,
Santa Cruz Island, Piedras Blancas,
Cape San Martin, and Gorda. The
objectives of the research are to
continue long-term research on the
comparative ecology, demography,
demography, behavior, foraging
biogeography, pathology and phenology
of California pinnipeds and to further
characterize the resource and habitats
used by each species, including patterns
of spatial and temporal similarities and
differences. Seals and sea lions would
be captured and sampled. Some animals
would only receive a flipper tag or a dye
mark. Other animals would be
physically or chemically restrained;
measured and weighed; have a variety
of samples taken, including: blood, skin,
blubber, and mucus membrane swabs;
and have tracking or data recording
instruments attached. For proposed take
numbers by species and location and
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18:02 Sep 01, 2023
Jkt 259001
details on sampling methodologies, see
the application. The applicant has
requested authorization for the
unintentional research related mortality
of up to four animals of each species
annually. The permit would be valid for
5 years.
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 the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: August 29, 2023.
Julia M. Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2023–19010 Filed 9–1–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD313]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a hybrid meeting of its
Scallop Joint Advisory Panel and Plan
Development Team to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Wednesday, September 20, 2023, at 9
a.m.
ADDRESSES:
Meeting address: This meeting will be
held at the Radisson Airport Hotel, 2081
Post Road, Warwick, RI 02886;
telephone: (401) 298–2294.
Webinar URL information: https://
attendee.gotowebinar.com/register/
665193973090158423.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
SUMMARY:
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Fmt 4703
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60665
Cate
O’Keefe, Ph.D., Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Agenda
The Advisory Panel and Plan
Development Team will discuss
Framework 38—Review results of 2023
scallop surveys, and preliminary
projections. The primary focus of this
meeting will be to develop input on the
range of potential specification
alternatives for FY 2024 and FY 2025.
The action will set ABC/ACLs, days-atsea, access area allocations, total
allowable landings for the Northern Gulf
of Maine (NGOM) management area,
targets for General Category incidental
catch, General Category access area trips
and trip accounting, and set-asides for
the observer and research programs for
fishing year 2024 and default
specifications for fishing year 2025.
They also plan to discuss the
Northern Edge Action—Review work in
response to tasking. Discuss possible
measures for development in a Northern
Edge Habitat Scallop Framework. Also
on the agenda is work priorities
(Advisory Panel and Committee Only)—
Receive updates on the progress toward
2023 work priorities and Committee
tasking. Provide input on the range of
possible 2024 scallop work priorities.
Other business will be discussed, if
necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Cate
O’Keefe, Ph.D., Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
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Agencies
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60664-60665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19010]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD310]
Marine Mammals; File No. 27361
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that Brent Stewart, Ph.D., Brent S
Stewart Associates, 3889 Creststone Place, San
[[Page 60665]]
Diego, CA 92130, has applied in due form for a permit to conduct
research on pinnipeds in California.
DATES: Written comments must be received on or before October 5, 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. 27361 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. 27361 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: Carrie Hubard or Courtney Smith,
Ph.D., (301) 427-8401.
SUPPLEMENTARY INFORMATION: The subject permit is requested under the
authority of the Marine Mammal Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking
and importing of marine mammals (50 CFR part 216).
The applicant proposes to study California sea lions (Zalophus
californianus), northern elephant seals (Mirounga angustirostris), and
harbor seals (Phoca vitulina) at several sites in California, including
San Nicolas Island, San Miguel Island, Santa Rosa Island, Santa Cruz
Island, Piedras Blancas, Cape San Martin, and Gorda. The objectives of
the research are to continue long-term research on the comparative
ecology, demography, demography, behavior, foraging biogeography,
pathology and phenology of California pinnipeds and to further
characterize the resource and habitats used by each species, including
patterns of spatial and temporal similarities and differences. Seals
and sea lions would be captured and sampled. Some animals would only
receive a flipper tag or a dye mark. Other animals would be physically
or chemically restrained; measured and weighed; have a variety of
samples taken, including: blood, skin, blubber, and mucus membrane
swabs; and have tracking or data recording instruments attached. For
proposed take numbers by species and location and details on sampling
methodologies, see the application. The applicant has requested
authorization for the unintentional research related mortality of up to
four animals of each species annually. The permit would be valid for 5
years.
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 the application to the Marine
Mammal Commission and its Committee of Scientific Advisors.
Dated: August 29, 2023.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2023-19010 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-22-P