[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49196-49197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20302]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 219

[Docket No. 150413360-5701-03]
RIN 0648-BF02


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Northeast Fisheries Science Center Fisheries Research; 
Correction

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

ACTION: Proposed rule; correction; extension of public comment period.

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

SUMMARY: This document contains corrections to the preamble to the 
proposed rule published on August 6, 2015, that would establish a 
framework for authorizing the take of marine mammals incidental to the 
NEFSC's fisheries research activities in the Atlantic coast region for 
a five-year period, 2015-2020. This action is necessary to correct 
typographical errors in the annual estimates presented for Level B 
harassment of northern bottlenose whales (Hyperoodon ampullatus) from 
10 to 12. This change accounts for the annual estimate of level B 
harassment for this species in both inshore (10 individuals) and 
offshore waters (2 individuals) in the Atlantic coast region.
    The Federal Register proposed rule published on July 9, 2015, 
indicated that written comments were due by August 10, 2015, which 
allowed 30 calendar days for public input. On August 6, 2015, NMFS 
published a correction and extended the public comment period to August 
17, 2015. NMFS has decided to extend the public comment period by an 
additional 30 calendar days for public input.

DATES: The comment period for the proposed rule published July 9, 2015, 
at 80 FR 39542, extended August 6, 2015, at 80 FR 46939, has been 
further extended. NMFS must receive written comments and information no 
later than September 16, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0078, by any of the following methods:
     Electronic submission: Submit all electronic public 
comments via the federal e-Rulemaking Portal. Go to 
www.regulations.gov, enter 0648-BF02 in the ``Search'' box, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Comments should be addressed to Jolie Harrison, 
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East West Highway, 
Silver Spring, MD 20910.
    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. Attachments to electronic comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. To 
help NMFS process and review comments more efficiently, please use only 
one method to submit comments. All comments received are a part of the 
public record. NMFS will generally post the comments on 
www.regulations.gov 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. 
NMFS will accept anonymous comments (enter N/A in the required fields 
if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS published a proposed rule on July 9, 2015 (80 FR 39542) to 
establish a framework for authorizing the take of marine mammals 
incidental to the NEFSC's fisheries research activities in

[[Page 49197]]

the Atlantic coast region for a five-year period, 2015-2020. NMFS 
refers the reader to the July 9, 2015, Federal Register notice (80 FR 
39542) for background information concerning the proposed regulations. 
The information presented in the notice of proposed rulemaking is not 
repeated here. NMFS also published a correction to the proposed rule on 
August 6, 2015 (80 FR 46939). This correction revises the description 
contained in the preamble of the estimates of northern bottlenose 
whales (Hyperoodon ampullatus) to be taken by Level B harassment from 
10 to 12. This correction presents the total annual estimate of level B 
harassment for this species in both inshore (10) and offshore waters 
(2) in the Atlantic coast region. The correction does not affect NMFS' 
preliminary determinations presented in the proposed rule (80 FR 39542, 
July 9, 2015).

Need for Correction

    As published, the preamble to the proposed regulations contains 
errors or typographical mistakes which need to be clarified. These 
errors and omissions were also incorrectly recorded within the proposed 
regulatory text and should be clarified there as well.
    1. On page 46941, in Table 20, the entries for northern bottlenose 
whales are corrected to read as follows:

                   Table 20--Summary Information Related to Proposed Annual Take Authorization in the Atlantic Coast Region, 2015-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Proposed total                        Proposed total  M/
                                  annual Level B        Percent of         SI + Level A     Estimated  maximum                               Stock trend
          Species \1\               harassment           estimated        authorization,      annual  M/SI +       PBR \3\      % PBR \4\        \5\
                                   authorization        population           2015-2020          Level A \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Northern bottlenose whale.....                 12                 n/a                   0                   0           n/a            --             ?
--------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ For species with multiple stocks in the Atlantic coast regions or for species groups (Kogia spp. and Mesoplodont beaked whales), indicated level of
  take could occur to individuals from any stock or species (not including coastal and estuarine stocks of bottlenose dolphins).
\2\ This column represents the total number of incidents of M/SI + Level A that could potentially accrue to the specified species or stock and is the
  number carried forward for evaluation in the negligible impact analysis (later in this document). To reach this total, we add one to the total for
  each pinniped or delphinid that may be captured in longline or gillnet gear, one to the total for each delphinid that may be captured in trawl gear,
  and one pinniped that may be captured in fyke net gear. This represents the potential that the take of an unidentified pinniped or delphinid could
  accrue to any given stock captured in that gear. The proposed take authorization is formulated as a five-year total; the annual average is used only
  for purposes of negligible impact analysis. We recognize that portions of an animal may not be taken in a given year.
\3\ See Table 3 and following discussion for more detail regarding PBR.
\4\ Estimated maximum annual M/SI + Level A expressed as a percentage of PBR.
\5\ See relevant SARs for more information regarding stock status and trends. Interannual increases may not be interpreted as evidence of a trend.
 * * * * * * *

    2 . On page 46941, in the center column, in the amendatory text for 
Sec.  219.33, remove ``(Z) Northern bottlenose whale (Hyperoodon 
ampullatus)--10;'' and add ``(Z) Northern bottlenose whale (Hyperoodon 
ampullatus)--12;'' in its place.

    Dated: August 11, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-20302 Filed 8-14-15; 8:45 am]
 BILLING CODE 3510-22-P