[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 78993-78994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27094]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF006


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Commercial Fireworks Displays at the Monterey Bay 
National Marine Sanctuary, California

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 has received a request from the Monterey Bay National 
Marine Sanctuary (MBNMS or Sanctuary) for authorization to take small 
numbers of marine mammals incidental to professional fireworks displays 
permitted within the Sanctuary in California waters, over the course of 
five years, from July 4, 2017 through July 3, 2022. Pursuant to 
regulations implementing the Marine Mammal Protection Act (MMPA), NMFS 
is announcing receipt of MBNMS's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on MBNMS's 
application and request.

DATES: Comments and information must be received no later than December 
12, 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: Jaclyn Daly, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of MBNMS's application may be obtained by writing to the 
address specified above (see ADDRESSES), telephoning the contact listed 
above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet 
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct 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 or, if the taking is limited to harassment, notice of a proposed 
authorization is provided to the public for review. Authorization for 
incidental takings may 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 certain 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).''

[[Page 78994]]

Summary of Request

    On September 16, 2016, NMFS received an application from the MBNMS 
requesting authorization to take, by Level B harassment, two species of 
marine mammals incidental to commercial fireworks displays conducted 
under sanctuary authorization permits issued by the MBNMS. After 
addressing NMFS comments on the original application, the MBNMS 
submitted a revised application on October 18, 2016. NMFS found this 
application to be adequate and complete.
    Marine mammals would be exposed to elevated levels of sound as a 
result of permitted fireworks displays, as well as increased human 
activity associated with those displays. Because the specified 
activities have the potential to take marine mammals present within the 
action area, the MBNMS requests authorization to take, by Level B 
harassment only, California sea lions (Zalophus californianus) and 
harbor seals (Phoca vitulina).

Specified Activities

    Since 1993, the MBNMS, a component of NOAA's Office of National 
Marine Sanctuaries, has processed requests for the professional display 
of fireworks that affect resources within the sanctuary. The MBNMS has 
determined that debris fallout (i.e., spent pyrotechnic materials) from 
fireworks events may constitute a discharge into the sanctuary and thus 
violate sanctuary regulations, unless a permit is issued by the 
superintendent. Therefore, sponsors of fireworks displays conducted in 
the MBNMS are required to obtain sanctuary authorization prior to 
conducting such displays (see 15 CFR 922.132).
    Since the MBNMS began issuing permits for fireworks discharge in 
1993, it has received a total of 102 requests for professional 
fireworks displays, the majority of which have been associated with 
large community events such as Independence Day and municipal 
festivals. The number of fireworks displays within the Sanctuary 
remained relatively constant although there has been a slight decrease 
of the number of displays since the economic downturn of 2008. The 
MBNMS has permitted, on average, approximately five fireworks displays 
per year; however, only 2 to 4 displays were hosted annually between 
2009 and 2015. Since 2005, the MBNMS has requested, and subsequently 
been authorized under section 101 (a)(5)(A or D) of the MMPA, to take 
marine mammals incidental to up to 20 fireworks events per year. 
However, for this application, the MNBMS, at the request of NMFS, re-
evaluated the possibility of 20 events occurring per year based on the 
trend in fireworks permit applications. As such, the MBNMS has modified 
the number of anticipated displays that would occur under the requested 
regulations to no more than ten events per year.
    The location, mitigation, and monitoring measures contained within 
previous authorizations would remain in effect. Fireworks displays 
would be limited to the same four specific areas along 276 miles (444 
kilometers) of coastline: Half Moon Bay, the Santa Cruz/Soquel area, 
the northeastern Monterey Peninsula, and Cambria (Santa Rosa Creek). 
This effectively limits permitted fireworks displays to approximately 
five percent of the MBNMS coastline. The MBNMS would also retain the 
March 1 through June 30 moratorium on fireworks which corresponds to 
the peak spring breeding season for marine wildlife. Each fireworks 
displays would not exceed 30 minutes in duration (with the exception of 
up to two displays per year, each not to exceed one hour) and would 
occur with an average frequency of less than or equal to once every two 
months within each of the four prescribed display areas.
    A more detailed description of the fireworks displays permitted by 
MBNMS and anticipated behavioral reactions of marine mammals may be 
found in MBNMS' application, MBNMS' Assessment of Pyrotechnic Displays 
and Impacts within the MBNMS 1993-2001 (2001), Marine Mammal Acoustic 
and Behavioral Monitoring for the MBNMS Fireworks Display, 4 July 2007 
(2007), and multiple monitoring reports which are available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning MBNMS's request (see ADDRESSES). All information, 
suggestions, and comments related to MBNMS's request and NMFS' 
potential development and implementation of regulations governing the 
incidental taking of marine mammals by the MBNMS will be considered by 
NMFS in developing, if appropriate, regulations governing the issuance 
of letters of authorization.

    Dated: November 4, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-27094 Filed 11-9-16; 8:45 am]
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