[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27388-27390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09925]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA129]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Fisheries Research
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 27389]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letters of Authorization;
request for comments and information.
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SUMMARY: NMFS' Office of Protected Resources (OPR) has received a
request from the NMFS Southwest Fisheries Science Center (SWFSC) for
authorization to take small numbers of marine mammals incidental to
conducting fisheries research, over the course of five years from the
date of issuance. Pursuant to regulations implementing the Marine
Mammal Protection Act (MMPA), OPR is announcing receipt of the SWFSC's
request for the development and implementation of regulations governing
the incidental taking of marine mammals. OPR invites the public to
provide information, suggestions, and comments on the SWFSC's
application and request.
DATES: Comments and information must be received no later than June 8,
2020.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to [email protected].
Instructions: OPR 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. All comments
received are a part of the public record and will generally be posted
online at 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: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: 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
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth.
Summary of Request
On April 30, 2020, we received a complete and adequate application
from SWFSC requesting authorization for take of marine mammals
incidental to fisheries research conducted by SWFSC. The requested
regulations would be valid for five years, from October 30, 2020,
through October 29, 2025. The SWFSC plans to conduct fisheries research
surveys in the California Current Research Area (off the U.S. west
coast) and the Antarctic Research Area (in the Antarctic Scotia Sea).
It is possible that marine mammals may interact with fishing gear
(e.g., trawl nets, longlines) used in SWFSC's research, resulting in
injury, serious injury, or mortality. In addition, the SWFSC operates
active acoustic devices that have the potential to disturb marine
mammals. Because the specified activities have the potential to take
marine mammals present within these action areas, SWFSC requests
authorization to take multiple species of marine mammal that may occur
in these areas.
The requested regulations would be the second incidental take
regulations issued to SWFSC, following regulations in place from 2015-
2020. SWFSC has complied with all requirements of the previously issued
Letters of Authorization and has not exceeded the authorized take
numbers. Monitoring reports submitted by SWFSC are available online at:
www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-swfsc-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 SWFSC is
the research arm of NMFS in the Southwest Region. The SWFSC conducts
research and provides scientific advice to manage fisheries and
conserve protected species in three geographic research areas: The
California Current Research Area (along the U.S. West Coast), the
Eastern Tropical Pacific Research Area (ETPRA) (throughout the Eastern
Tropical Pacific Ocean), and the Antarctic Research Area (in the Scotia
Sea area off Antarctica). However, no research activity is planned for
the ETPRA during the next five years, and this research area is not
included in the scope of SWFSC's current request. The SWFSC provides
scientific information to support the Pacific Fishery Management
Council and numerous other domestic and international fisheries
management organizations.
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The SWFSC collects a wide array of information necessary to
evaluate the status of exploited fishery resources and the marine
environment. SWFSC scientists conduct fishery-independent research
onboard NOAA-owned and operated vessels or on chartered vessels. A few
surveys are conducted onboard commercial fishing vessels, but the SWFSC
designs and executes the studies and funds vessel time. The gear types
used fall into several categories: Pelagic trawl gear used at various
levels in the water column, pelagic longlines with multiple hooks,
seine nets, and other gear. Of research gear used by SWFSC, only
pelagic trawl, hook and line gear (including longline gears), and seine
nets are likely to interact with marine mammals. The majority of these
surveys also use active acoustic devices.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the SWFSC'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 SWFSC, if appropriate.
Dated: May 5, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-09925 Filed 5-7-20; 8:45 am]
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