[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57057-57058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22696]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC645


Taking of Threatened or Endangered Marine Mammals Incidental to 
Commercial Fishing Operations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of extension of public comment period.

-----------------------------------------------------------------------

SUMMARY: NMFS is announcing an extension to the public comment period 
for the amended permit to authorize the incidental, but not 
intentional, take of two stocks of marine mammals listed as threatened 
or endangered under the Endangered Species Act (ESA), under the Marine 
Mammal Protection Act (MMPA), by the California (CA) thresher shark/
swordfish drift gillnet fishery (>14 in mesh) and the Washington (WA)/
Oregon (OR)/CA sablefish pot fishery. On August 25, 2014, NMFS 
solicited comments from the public on the draft negligible impact 
determination and on the proposal to issue a permit to vessels that 
operate in these fisheries for the taking of affected endangered stocks 
of marine mammals.
    NMFS is extending the comment period for 30 days.

DATES: Information and comments must be received by close of business 
on October 24, 2014.

ADDRESSES: The draft amended Negligible Impact Determination and list 
of references contained in this notice are available in electronic form 
via the Internet at: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/marine_mammals.html. The petition and a list of references 
contained in this notice are available in electronic form via the 
Internet at http://www.nmfs.noaa.gov/pr/.
    You may submit comments, identified by NOAA-NMFS-2013-0073, by any 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0073, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Send comments or requests to: Chris Yates, Assistant 
Regional Administrator, Protected Resources Division, West Coast 
Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Comments 
may also be faxed to (562) 980-4027.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Monica DeAngelis, NMFS West Coast 
Region, (562) 980-3232, or Shannon Bettridge, NMFS Office of Protected 
Resources, (301) 427-8402.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(E) of the MMPA, 16 U.S.C. 1361 et seq., states 
that NMFS, as delegated by the Secretary of Commerce, shall for a 
period of up to three years allow the incidental taking of marine 
mammal species listed under the ESA, 16 U.S.C. 1531 et seq., by persons 
using vessels of the United States and those vessels which have valid 
fishing permits issued by the Secretary in accordance with section 
204(b) of the Magnuson-Stevens Fishery Conservation and Management Act, 
16 U.S.C. 1824(b), while engaging in commercial fishing operations, if 
NMFS makes certain determinations. NMFS must determine, after notice 
and opportunity for public comment, that: (1) Incidental mortality and 
serious injury will have a negligible impact on the affected species or 
stock; (2) a recovery plan has been developed or is being developed for 
such species or stock under the ESA; and (3) where required under 
section 118 of the MMPA, a monitoring program has been established, 
vessels engaged in such fisheries are registered in accordance with 
section 118 of the MMPA, and a take reduction plan has been developed 
or is being developed for such species or stock.
    NMFS proposes to issue an amended permit under MMPA section 
101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish 
drift gillnet fishery (>14 in mesh) to incidentally take individuals 
from two

[[Page 57058]]

stocks of threatened or endangered marine mammals: The CA/OR/WA stock 
of humpback whales (Megaptera novaeangliae) and the CA/OR/WA stock of 
sperm whales (Physeter macrocephalus); and to vessels registered in WA/
OR/CA sablefish pot fishery to incidentally take individuals from the 
CA/OR/WA stock of humpback whales.
    The data for considering these authorizations were reviewed 
coincident with the 2014 MMPA List of Fisheries (LOF; 79 FR 14418, 
March 14, 2014), final 2013 U.S. Pacific Marine Mammal Stock Assessment 
(SAR; Carretta et al. 2014), Carretta and Moore (2014), Moore and 
Barlow (in press), the Fishery Management Plan (FMP) for U.S. West 
Coast Fisheries for Highly Migratory Species (HMS), recovery plans for 
these species (available on the Internet at: http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals), the best scientific information and 
available data, and other relevant sources.
    Section 101(a)(5)(E)(i) of the MMPA requires NMFS to provide notice 
and opportunity for public comment on the proposed permit.
    NMFS wants to provide adequate opportunity for review of all 
documents considered in making a negligible impact determination. 
Although NMFS believed all documents would be available to the public 
at the time we solicited comments on the draft negligible impact 
determination and on the proposal to issue the permit (79 FR 50626, 
August 25, 2014), the Moore and Barlow (in press) paper has not yet 
been published and made available for public review. Publication of the 
paper is imminent and NMFS has decided to extend the comment period to 
allow for publication of the paper and subsequent review of the paper 
for comments relevant to this proposed MMPA permit issuance. In this 
notice NMFS is extending the public comment period until October 24, 
2014, to allow adequate time for the public to review the scientific 
information relevant to the amended permit under MMPA section 
101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish 
drift gillnet fishery (>= in mesh) and vessels registered in WA/OR/CA 
sablefish pot fishery.

Information Solicited

    To ensure that the amended permit under MMPA section 101(a)(5)(E) 
is based on the best scientific information available, we are 
soliciting public comments on the proposed permit and the preliminary 
determinations supporting the permit. Specifically, we seek comments 
on:

 The use of the revised abundance estimates in Moore and Barlow 
(in press)
 The use of a 13-year time period for estimating expected 
idental mortality of sperm whales in the gillnet fishery.

    Dated: September 19, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-22696 Filed 9-23-14; 8:45 am]
BILLING CODE 3510-22-P