Department of Commerce June 28, 2018 – Federal Register Recent Federal Regulation Documents

NMFS has received a request from the Washington Department of Transportation (WSDOT) Ferries Division (WSF) for an incidental harassment authorization (IHA) that would cover a subset of the take authorized in an IHA previously issued to WSDOT to incidentally take marine mammals, by Level B harassment only, during construction activities associated with the Mukilteo Multimodal Project, Puget Sound, Washington. During planning of season 2 of the project (for which NMFS issued an IHA) it was assumed that the project would be completed within the year timeframe; however, that was not accomplished. Therefore, WSDOT is requesting, and NMFS is proposing to issue, an IHA authorizing incidental take for the remaining work which was already analyzed in an 2017 IHA issued to WSDOT on August 3, 2017 (herein after referred to as the 2017 IHA) (September 21, 2017). However, some changes have occurred during this year's evaluation of the project. Source levels and harassment distances have been adjusted based on recent acoustic measurements and amount of time pile driving expected to occur each day. In addition, WSDOT has requested take for three species not included in the 2017 IHA (minke whales (Balaenoptera acutorostrata), bottlenose dolphins (Tursiops truncatus), and long- beaked common dolphins (Delphinus delphis bairdii)) based on recent marine mammal monitoring. The proposed mitigation, monitoring, and reporting measures remain the same as prescribed in the 2017 IHA with slight modifications (e.g., shut down zones distance changes) as described below. NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the completion of Phase 2 of the Mukilteo Multimodal Project. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

The Office of Oceanic and Atmospheric Research on behalf of the National Science and Technology Council; Committee on Environment; Subcommittee on Ocean Science and Technology (SOST) is requesting input on the content of a report, Science and Technology for America's Oceans: A Decadal Vision. The SOST is chartered under the National Science and Technology Council to advise and assist on national issues related to ocean science and technology. The SOST contributes to the goals for Federal ocean science and technology, including identifying priorities and developing coordinated interagency strategies. Science and Technology for America's Oceans: A Decadal Vision identifies pressing research needs and areas of opportunity within the ocean S&T enterprise for the coming decade, 2018-2028. The aim of this document is not to prescribe policies but to provide guidance for U.S. Federal agencies and non-federal sectors to align their resources and areas of expertise, and further build the scientific and technological foundation that will improve our knowledge and stewardship of the ocean, address issues of national and global importance, and inform decision-making for the coming decade. This notice solicits relevant public input on the draft report. The public input provided in response to this notice will inform SOST as they develop the final report.

NMFS is prohibiting directed fishing for other flatfish in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 other flatfish total allowable catch (TAC) specified for the BSAI.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the United States Department of the Navy (Navy) to incidentally harass, by Level A and Level B harassment, marine mammals during construction activities associated with the Service Pier Extension (SPE) project at Naval Base Kitsap Bangor, Washington.

NMFS has received a request from the Lamont-Doherty Earth Observatory of Columbia University (L-DEO) for authorization to take marine mammals incidental to a marine geophysical survey in the North Pacific Ocean. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.