[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1205-1206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00135]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC359
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Hydrographic Surveys
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.
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SUMMARY: NMFS' Office of Protected Resources has received a request
from the NOAA Office of Coast Survey (OCS) for authorization to take
small numbers of marine mammals incidental to conducting hydrographic
surveys, 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 OCS's request under the MMPA for the
development and implementation of regulations governing the incidental
taking of marine mammals. We invite information, suggestions, and
comments on OCS's application and request.
DATES: Comments and information must be received no later than February
7, 2013.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits and Conservation Division, Office of
Protected Resources, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing email comments is ITP.Laws@noaa.gov. We are not responsible
for email comments sent to addresses other than the one provided here.
Comments sent via email, including all attachments, must not exceed a
10-megabyte file size.
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of OCS's application may be obtained by visiting
the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
The OCS released a draft Environmental Assessment, prepared
pursuant to requirements of the National Environmental Policy Act, for
the conduct of their hydrographic surveys on June 20, 2012. A copy of
the draft EA which would also support our proposed rulemaking under the
MMPA, is also available at http://www.nauticalcharts.noaa.gov/Legal/.
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce (Secretary) 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) if certain findings are made and regulations are
issued.
Incidental taking shall be allowed if NMFS finds that the taking
will have a negligible impact on the species or stock(s) affected and
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for taking for subsistence uses, and if the
permissible methods of taking and requirements pertaining to the
mitigation, monitoring and reporting of such taking 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.'' 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 December 27, 2012, we received a complete and adequate
application from OCS requesting authorization for take of marine
mammals incidental to hydrographic surveys conducted by OCS. The
requested governing regulations would be valid for 5 years from the
date of issuance. OCS operates active acoustic devices that have the
potential to disturb marine mammals, and operates throughout coastal
waters of the U.S. Exclusive Economic Zone. During 2013-18, OCS plans
to conduct surveys in all coastal waters of the U.S. except for those
in the Caribbean and in Hawaii and other Pacific islands. Because the
specified activities have the potential to take marine mammals present
within the action areas, OCS requests authorization to take small
numbers of multiple species or stocks of marine mammal.
Specified Activities
Hydrographic survey projects support OCS's mandated mission to
provide reliable nautical charts and other products necessary for safe
navigation, economic security, and environmental sustainability in U.S.
coastal waters. OCS surveys approximately 3,000 square nautical miles
of coastal waters each year, and proposes to continue the same level of
activity. In order to conduct these surveys, OCS uses active acoustic
devices, including some that may result in behavioral harassment of
marine mammals. These include high-frequency single-beam and multibeam
echosounders and side-scan sonars mounted on or towed behind vessels
traveling at a slow speed.
A more detailed description of the hydrographic surveys conducted
by OCS may be found in their application, which is available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
[[Page 1206]]
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning OCS's request (see ADDRESSES). We 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 OCS, if appropriate.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-00135 Filed 1-7-13; 8:45 am]
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