Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts, 96645-96646 [2024-28453]
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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Notices
animals taken is up to, but not greater
than, one-third of the best available
abundance estimate, NMFS will
determine that the numbers of marine
mammals taken of a species or stock are
small (see 89 FR 31535, May 24, 2024).
For more information please see NMFS’
discussion of small numbers in the 2021
final rule (86 FR 5438, January 19,
2021).
The take numbers for authorization
are determined as described above.
Subsequently, the total incidents of
harassment for each species are
multiplied by scalar ratios to produce a
derived product that better reflects the
number of individuals likely to be taken
within a survey (as compared to the
total number of instances of take),
accounting for the likelihood that some
individual marine mammals may be
taken on more than 1 day (see 86 FR
5404, January 19, 2021). The output of
this scaling, where appropriate, is
incorporated into adjusted total take
estimates that are the basis for NMFS’
small numbers determinations, as
depicted in table 1.
This product is used by NMFS in
making the necessary small numbers
determinations through comparison
with the best available abundance
96645
estimates (see discussion at 86 FR 5391,
January 19, 2021). For this comparison,
NMFS’ approach is to use the maximum
theoretical population, determined
through review of current stock
assessment reports (SAR; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/GOM/). Information supporting
the small numbers determinations is
provided in table 1.
TABLE 1—TAKE ANALYSIS
Authorized
take
Species
Rice’s whale .....................................................................................................
Sperm whale ....................................................................................................
Kogia spp. ........................................................................................................
Beaked whales ................................................................................................
Rough-toothed dolphin ....................................................................................
Bottlenose dolphin ...........................................................................................
Clymene dolphin ..............................................................................................
Atlantic spotted dolphin ...................................................................................
Pantropical spotted dolphin .............................................................................
Spinner dolphin ................................................................................................
Striped dolphin .................................................................................................
Fraser’s dolphin ...............................................................................................
Risso’s dolphin .................................................................................................
Blackfish 4 .........................................................................................................
Short-finned pilot whale ...................................................................................
Scaled
take 1
0
543
3 172
1,882
1,399
1,684
869
496
11,845
258
2,441
512
421
3,012
698
n/a
230
52
190
401
483
168
142
3,400
74
701
98
124
888
206
Abundance 2
51
3,007
980
803
4,853
165,125
4,619
21,506
67,225
5,548
5,634
1,665
1,974
6,113
2,741
Percent
abundance
0
7.6
6.2
23.7
8.3
0.3
3.6
0.7
5.1
1.3
12.4
5.9
6.3
14.5
7.5
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1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322 and 86 FR 5404 (January 19, 2021) to derive scaled take
numbers shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Garrison et al., 2023). For Rice’s whale, Atlantic spotted dolphin, and Risso’s dolphin, the larger SAR abundance estimate is used.
3 Includes 9 takes by Level A harassment and 163 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only;
small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take.
4 The ‘‘blackfish’’ guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales.
Authorization
DEPARTMENT OF COMMERCE
NMFS has changed the expiration
date of the LOA from June 30, 2025, to
October 31, 2025 and updated
authorized take numbers based on the
corrected information in the updated
rule. There are no other changes to the
LOA as described in the April 11, 2024,
Federal Register notice of issuance (89
FR 25577); the specified survey activity,
and small numbers analysis and
determination remain unchanged and
are incorporated here by reference.
National Oceanic and Atmospheric
Administration
Dated: November 27, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–28455 Filed 12–4–24; 8:45 am]
BILLING CODE 3510–22–P
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16:31 Dec 04, 2024
Jkt 265001
RIN 0648–XE452
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Rocky Intertidal
Monitoring Surveys Along the Oregon
and California Coasts
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 University of California Santa
Cruz for authorization to take small
numbers of marine mammals incidental
to rocky intertidal monitoring along the
SUMMARY:
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coasts of Oregon and California 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 the University of
California Santa Cruz’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 University of California Santa
Cruz’s application and request.
Comments and information must
be received no later than January 6,
2025.
DATES:
Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service. Comments should be
ADDRESSES:
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96646
Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Notices
submitted electronically to ITP.gatzke@
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. 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/node/
23111 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.
An electronic copy of the University
of California Santa Cruz’s application
may be obtained online at: https://
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 below.
FOR FURTHER INFORMATION CONTACT:
Jennifer Gatzke, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
khammond on DSK9W7S144PROD with NOTICES
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
VerDate Sep<11>2014
16:31 Dec 04, 2024
Jkt 265001
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 September 6, 2024, NMFS
received an application from the
University of California Santa Cruz
requesting authorization for take of
marine mammals incidental to research
activities related to rocky intertidal
monitoring along the coasts of Oregon
and California. Following receipt of
additional information from the
applicant, we determined the
application was adequate and complete
on November 22, 2024. The requested
regulations would be valid for 5 years,
from 2025 through 2030. The University
of California Santa Cruz plans to
conduct necessary work, including
research surveys, to monitor rocky
intertidal communities. The proposed
action may result in incidental
disturbance of pinnipeds caused by
researcher presence and research
activities in the vicinity, including
visual stimulus, noise, and use of
unmanned aerial systems, thereby
resulting in incidental take, by Level B
harassment only. Therefore, the
University of California Santa Cruz
requests authorization to incidentally
take marine mammals.
The requested incidental take
regulations would be the second such
regulations issued on request to the
University of California Santa Cruz,
following regulations effective from
2020–2025 (https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-university-californiasanta-cruz-rocky-intertidal-monitoring0).
Specified Activities
The Multi-Agency Rocky Intertidal
Network (MARINe, https://marine.
ucsc.edu/), administered by the
University of California Santa Cruz,
conducts monitoring at rocky intertidal
sites in California and Oregon. They
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have been conducting similar research
since 2013. Information from MARINe’s
research is used to inform marine policy
and is made available to the public
through outreach and educational
programs. The University of California
Santa Cruz anticipates approximately
300 survey days over the course of the
5-year period. They expect to take
California sea lions, northern elephant
seals, Steller sea lions, and California
and Oregon/Washington stocks of
harbor seals.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the University of California
Santa Cruz’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
the University of California Santa Cruz,
if appropriate.
Dated: November 29, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–28453 Filed 12–4–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Recreational Angler Survey
of Sea Turtle Interactions
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 30,
2024 during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: National Oceanic and
Atmospheric Administration,
Commerce.
E:\FR\FM\05DEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Notices]
[Pages 96645-96646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28453]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE452
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and
California Coasts
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 University of California
Santa Cruz for authorization to take small numbers of marine mammals
incidental to rocky intertidal monitoring along the coasts of Oregon
and California 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 the University of California
Santa Cruz'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 University of California Santa Cruz's application and request.
DATES: Comments and information must be received no later than January
6, 2025.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Comments should be
[[Page 96646]]
submitted electronically 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. 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/node/23111 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.
An electronic copy of the University of California Santa Cruz'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 below.
FOR FURTHER INFORMATION CONTACT: Jennifer Gatzke, 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 (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 September 6, 2024, NMFS received an application from the
University of California Santa Cruz requesting authorization for take
of marine mammals incidental to research activities related to rocky
intertidal monitoring along the coasts of Oregon and California.
Following receipt of additional information from the applicant, we
determined the application was adequate and complete on November 22,
2024. The requested regulations would be valid for 5 years, from 2025
through 2030. The University of California Santa Cruz plans to conduct
necessary work, including research surveys, to monitor rocky intertidal
communities. The proposed action may result in incidental disturbance
of pinnipeds caused by researcher presence and research activities in
the vicinity, including visual stimulus, noise, and use of unmanned
aerial systems, thereby resulting in incidental take, by Level B
harassment only. Therefore, the University of California Santa Cruz
requests authorization to incidentally take marine mammals.
The requested incidental take regulations would be the second such
regulations issued on request to the University of California Santa
Cruz, following regulations effective from 2020-2025 (https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruz-rocky-intertidal-monitoring-0).
Specified Activities
The Multi-Agency Rocky Intertidal Network (MARINe, https://marine.ucsc.edu/), administered by the University of California Santa
Cruz, conducts monitoring at rocky intertidal sites in California and
Oregon. They have been conducting similar research since 2013.
Information from MARINe's research is used to inform marine policy and
is made available to the public through outreach and educational
programs. The University of California Santa Cruz anticipates
approximately 300 survey days over the course of the 5-year period.
They expect to take California sea lions, northern elephant seals,
Steller sea lions, and California and Oregon/Washington stocks of
harbor seals.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the University of California Santa Cruz'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 the
University of California Santa Cruz, if appropriate.
Dated: November 29, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-28453 Filed 12-4-24; 8:45 am]
BILLING CODE 3510-22-P
