Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Alaska Fisheries Science Center Fisheries and Ecosystem Research, 22125-22126 [2024-06755]
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
Notification to Interested Parties
This notice is issued and published
pursuant to section 735(a)(2) of the Act
and 19 CFR 351.210(g).
Dated: March 22, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–06683 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BM93
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Alaska Fisheries Science
Center Fisheries and Ecosystem
Research
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.
AGENCY:
NMFS has received a request
from the NMFS Alaska Fisheries
Science Center (AFSC) for authorization
to take marine mammals incidental to
conducting fisheries and ecosystem
research in the Pacific and Arctic
Oceans over the course of 5 years from
the date of issuance. Pursuant to
regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS
is announcing receipt of AFSC’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 the
AFSC’s application and request.
DATES: Comments and information must
be received no later than April 29, 2024.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
should be submitted via email to
ITP.Jacobus@noaa.gov. An electronic
copy of AFSC’s application may be
obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:49 Mar 28, 2024
Jkt 262001
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-researchand-other-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:
Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427–8401. An
electronic copy of the AFSC’s
application may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-researchand-other-activities. In case of problems
accessing these documents, please call
the contact listed above.
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 (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 incidental take authorization 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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
22125
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 November 13, 2023, NMFS
received an application from the AFSC
requesting authorization for take of
marine mammals incidental to fisheries
and ecosystem research conducted by
AFSC and the International Pacific
Halibut Commission (IPHC) in the
Pacific and Arctic Oceans. Following
NMFS’ review of the application, AFSC
provided responses to our questions and
submitted a revised application on
March 19, 2024, and the application was
deemed adequate and complete on
March 20, 2024. The requested
regulations would be valid for 5 years,
from October 7, 2024 through October 6,
2029. AFSC plans to conduct fisheries
research surveys in multiple geographic
regions, including the Gulf of Alaska,
Bering Sea, and Arctic Ocean. The IPHC
operates in the Bering Sea, Gulf of
Alaska, and waters off the U.S west
coast. It is possible that marine
mammals may interact with fishing gear
(e.g., trawl nets, longline, gillnets) used
in AFSC’s and IPHC’s fisheries research
projects, resulting in injury, serious
injury, or mortality. In addition, Level B
harassment takes due to physical
disturbance of pinnipeds at haulouts
due to the presence of research vessels,
gear, or humans is possible. Therefore,
AFSC requests authorization to
incidentally take marine mammals.
AFSC has determined it appropriate
to incorporate the fisheries research
activities of the IPHC into their
specified activity. The IPHC, established
by a Convention between the
government of Canada and the U.S., is
an international fisheries organization
mandated to conduct research on and
manage the stock of Pacific halibut
(Hippoglossus stenolepis) within the
Convention waters of both nations.
Although operating in U.S. waters (and,
therefore, subject to the MMPA
prohibition on ‘‘take’’ of marine
mammals), the IPHC is not
appropriately considered to be a U.S.
citizen (as defined by the MMPA) and
E:\FR\FM\29MRN1.SGM
29MRN1
khammond on DSKJM1Z7X2PROD with NOTICES
22126
Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
cannot be issued an incidental take
authorization. IPHC activity and
requested take authorization is
described in AFSC’s application.
The requested regulations would be
the second incidental take regulations
issued to AFSC, following regulations in
place from 2019–2024. Monitoring
reports submitted by AFSC are available
online at: https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-noaa-fisheries-afscfisheries-and-ecosystem-research.
governing the incidental taking of
marine mammals by AFSC, if
appropriate.
Specified Activities
The Federal Government has a
responsibility to conserve and protect
living marine resources in U.S. federal
waters and has also entered into a
number of international agreements and
treaties related to the management of
living marine resources in international
waters outside the United States. NOAA
has the primary responsibility for
managing marine fin and shellfish
species and their habitats, with that
responsibility delegated within NOAA
to NMFS.
In order to direct and coordinate the
collection of scientific information
needed to make informed management
decisions, Congress created six Regional
Fisheries Science Centers, each a
distinct organizational entity and the
scientific focal point within NMFS for
region-based, Federal fisheries-related
research. This research is aimed at
monitoring fish stock recruitment,
abundance, survival and biological
rates, geographic distribution of species
and stocks, ecosystem process changes,
and marine ecological research. The
AFSC is the research arm of NMFS in
U.S. waters off of Alaska.
As noted above, the IPHC is an
international organization dedicated to
conducting research in support of
increasing and maintaining knowledge
of halibut biology and stock assessment.
Research is aimed at monitoring fish
stock recruitment, survival and
biological rates, abundance and
geographic distribution of species and
stocks, and providing other scientific
information needed to improve our
understanding of complex marine
ecological processes. The AFSC and
IPHC propose to administer and
conduct these survey programs over the
5-year period.
National Oceanic and Atmospheric
Administration
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning AFSC’s request (see
ADDRESSES). NMFS will consider all
information, suggestions, and comments
related to the request during the
development of proposed regulations
VerDate Sep<11>2014
16:49 Mar 28, 2024
Jkt 262001
Dated: March 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–06755 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
[RTID 0648–XD839]
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, NEFMC)
will hold a three-day hybrid meeting
with both in-person and remote
participation to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
DATES: The meeting will be held on
Tuesday, April 16, 2024 through
Thursday, April 18, 2024, beginning at
10 a.m. on Tuesday, April 16th and 9
a.m. on Wednesday, April 17 and
Thursday, April 18, 2024.
ADDRESSES: The meeting will take place
at the Hilton Mystic, 20 Coogan
Boulevard, Mystic, CT 06355;
telephone: (860) 572–0731; online at
https://www.hilton.com/en/hotels/
mysmhhf-hilton-mystic. Join the
webinar at https://register.goto
webinar.com/register/
4261104974602457941.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950;
telephone: (978) 465–0492;
www.nefmc.org.
SUMMARY:
Cate
O’Keefe, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492, ext. 113.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Agenda
Tuesday, April 16, 2024
The Council will begin this meeting
with brief announcements, followed by
reports on recent activities from the
Council’s Chair and Executive Director,
the GARFO Regional Administrator, the
NOAA Office of General Counsel, the
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Frm 00011
Fmt 4703
Sfmt 4703
Northeast Fisheries Science Center
(NEFSC) Director, the Mid-Atlantic
Fishery Management Council liaison,
and representatives from the Atlantic
States Marine Fisheries Commission
(ASMFC), the U.S. Coast Guard,
NOAA’s Office of Law Enforcement, and
the U.S. Fish and Wildlife Service. The
Council then will receive a presentation
from the Council chair on preventing
harassment in the fishery management
council process. The Enforcement
Committee report will be next. The
committee will provide guidance on: (1)
use of vessel monitoring systems (VMS)
in enforcement and scallop VMS
reporting rates; (2) evolving on-demand
fishing gear programs; and (3)
enforceability of closed area polygon
boundaries.
After the lunch break, the Council
will receive a brief Scallop Committee
report with an overview of the 2024
scallop workplan. Then, the Council
will devote the rest of the afternoon to
a discussion about the Northern Edge of
Georges Bank, beginning with an
analysis of the concept areas for
potential scallop fishery access to the
habitat closure area and then a full
Council discussion about action or
direction on the preparation of
management alternatives. Following the
adjournment of official business, the
Council will host a public outreach
session to foster open lines of
communication among Council
members, staff, industry, and all
meeting attendees. This event will be
held at the Hilton Mystic in the
restaurant/lobby area.
Wednesday, April 17, 2024
The Council will begin the second
day of its meeting with the Northeast
Fisheries Science Center’s presentation
on the peer reviewed results of the
Applying State Space Models Research
Track. Next, the Risk Policy Working
Group will present proposed revisions
to the Council’s Risk Policy. The
Council will engage in a discussion
about the revisions and path forward.
The first part of the Habitat Committee
report will follow. The Council will
receive: (1) input from a Scientific and
Statistical Committee (SSC) subpanel on
the Essential Fish Habitat (EFH) Review;
and (2) Habitat Plan Development Team
updates on EFH review components.
Following the lunch break, the
Council will receive the second part of
the Habitat Committee report. Offshore
wind developers will provide updates
about their respective projects regarding
project status, surveys, fisheries
mitigation, and other topics. The
Council then will receive a report on
outcomes from a recent EFH Climate
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22125-22126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06755]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BM93
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Alaska Fisheries Science Center Fisheries and Ecosystem
Research
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 NMFS Alaska Fisheries
Science Center (AFSC) for authorization to take marine mammals
incidental to conducting fisheries and ecosystem research in the
Pacific and Arctic Oceans over the course of 5 years from the date of
issuance. Pursuant to regulations implementing the Marine Mammal
Protection Act (MMPA), NMFS is announcing receipt of AFSC'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 the AFSC's application and
request.
DATES: Comments and information must be received no later than April
29, 2024.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and should be submitted via email to
[email protected]. An electronic copy of AFSC's application may be
obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities.
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. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-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: Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the AFSC's
application may be obtained online at: https://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.
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 (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 incidental take authorization 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 November 13, 2023, NMFS received an application from the AFSC
requesting authorization for take of marine mammals incidental to
fisheries and ecosystem research conducted by AFSC and the
International Pacific Halibut Commission (IPHC) in the Pacific and
Arctic Oceans. Following NMFS' review of the application, AFSC provided
responses to our questions and submitted a revised application on March
19, 2024, and the application was deemed adequate and complete on March
20, 2024. The requested regulations would be valid for 5 years, from
October 7, 2024 through October 6, 2029. AFSC plans to conduct
fisheries research surveys in multiple geographic regions, including
the Gulf of Alaska, Bering Sea, and Arctic Ocean. The IPHC operates in
the Bering Sea, Gulf of Alaska, and waters off the U.S west coast. It
is possible that marine mammals may interact with fishing gear (e.g.,
trawl nets, longline, gillnets) used in AFSC's and IPHC's fisheries
research projects, resulting in injury, serious injury, or mortality.
In addition, Level B harassment takes due to physical disturbance of
pinnipeds at haulouts due to the presence of research vessels, gear, or
humans is possible. Therefore, AFSC requests authorization to
incidentally take marine mammals.
AFSC has determined it appropriate to incorporate the fisheries
research activities of the IPHC into their specified activity. The
IPHC, established by a Convention between the government of Canada and
the U.S., is an international fisheries organization mandated to
conduct research on and manage the stock of Pacific halibut
(Hippoglossus stenolepis) within the Convention waters of both nations.
Although operating in U.S. waters (and, therefore, subject to the MMPA
prohibition on ``take'' of marine mammals), the IPHC is not
appropriately considered to be a U.S. citizen (as defined by the MMPA)
and
[[Page 22126]]
cannot be issued an incidental take authorization. IPHC activity and
requested take authorization is described in AFSC's application.
The requested regulations would be the second incidental take
regulations issued to AFSC, following regulations in place from 2019-
2024. Monitoring reports submitted by AFSC are available online at:
https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-afsc-fisheries-and-ecosystem-research.
Specified Activities
The Federal Government has a responsibility to conserve and protect
living marine resources in U.S. federal waters and has also entered
into a number of international agreements and treaties related to the
management of living marine resources in international waters outside
the United States. NOAA has the primary responsibility for managing
marine fin and shellfish species and their habitats, with that
responsibility delegated within NOAA to NMFS.
In order to direct and coordinate the collection of scientific
information needed to make informed management decisions, Congress
created six Regional Fisheries Science Centers, each a distinct
organizational entity and the scientific focal point within NMFS for
region-based, Federal fisheries-related research. This research is
aimed at monitoring fish stock recruitment, abundance, survival and
biological rates, geographic distribution of species and stocks,
ecosystem process changes, and marine ecological research. The AFSC is
the research arm of NMFS in U.S. waters off of Alaska.
As noted above, the IPHC is an international organization dedicated
to conducting research in support of increasing and maintaining
knowledge of halibut biology and stock assessment.
Research is aimed at monitoring fish stock recruitment, survival
and biological rates, abundance and geographic distribution of species
and stocks, and providing other scientific information needed to
improve our understanding of complex marine ecological processes. The
AFSC and IPHC propose to administer and conduct these survey programs
over the 5-year period.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning AFSC'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 AFSC, if appropriate.
Dated: March 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-06755 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-22-P
