[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64440-64441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22583]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE877


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Russian River Estuary Management Activities

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

ACTION: Notice; receipt of application for Letters of Authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the Sonoma County Water 
Agency (SCWA) for authorization to take marine mammals incidental to 
conducting estuary management activities in the Russian River, CA, over 
the course of five years. Pursuant to regulations implementing the 
Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of 
SCWA's request for the development and implementation of regulations 
governing the incidental taking of marine mammals. NMFS invites the 
public to provide information, suggestions, and comments on SCWA's 
application and request.

DATES: Comments and information must be received no later than October 
20, 2016.

ADDRESSES: Comments on the application 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: 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. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm 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.

SUPPLEMENTARY INFORMATION: 

Availability

    Electronic copies of SCWA's application and separate monitoring 
plan may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing 
these documents, please call the contact listed above.

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 September 2, 2016, NMFS received an adequate and complete 
application from SCWA requesting authorization for take of marine 
mammals incidental to Russian River estuary management activities in 
Sonoma County, California. The requested regulations would be valid for 
five years, from April 21, 2017, through April 20, 2022. The proposed 
action requires the use of heavy equipment (e.g., bulldozer, excavator) 
and increased human presence, as well as the use of small boats. As a 
result, pinnipeds hauled out on the beach or at peripheral haul-outs in 
the estuary may exhibit behavioral responses that indicate incidental 
take by Level B harassment under the MMPA.

[[Page 64441]]

Therefore, SCWA requests authorization to incidentally take marine 
mammals.
    NMFS has previously issued seven consecutive one-year incidental 
harassment authorizations (IHA) to SCWA, for take of marine mammals 
incidental to similar specified activities. SCWA was first issued an 
IHA, effective on April 1, 2010 (75 FR 17382), and was subsequently 
issued one-year IHAs for incidental take associated with the same 
activities, effective on April 21, 2011 (76 FR 23306), April 21, 2012 
(77 FR 24471), April 21, 2013 (78 FR 23746), April 21, 2014 (79 FR 
20180), April 21, 2015 (80 FR 24237), and April 21, 2016 (81 FR 22050). 
Monitoring reports submitted to NMFS as a condition of previously-
issued IHAs are available online at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Specified Activities

    SCWA plans to manage the naturally-formed barrier beach at the 
mouth of the Russian River in order to minimize potential for flooding 
adjacent to the estuary and to enhance habitat for juvenile salmonids, 
as well as to conduct biological and physical monitoring of the barrier 
beach and estuary. Flood control-related breaching of barrier beach at 
the mouth of the river may include artificial breaches, as well as 
construction and maintenance of a lagoon outlet channel. The latter 
activity, an alternative management technique conducted to mitigate 
impacts of flood control on rearing habitat for Endangered Species Act 
(ESA)-listed salmonids, occurs only from May 15 through October 15 (the 
``lagoon management period''). Artificial breaching and monitoring 
activities may occur at any time during the period of validity of the 
proposed regulations.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning SCWA'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 SCWA, if appropriate.

    Dated: September 13, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-22583 Filed 9-19-16; 8:45 am]
 BILLING CODE 3510-22-P