[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1721-1722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31946]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF107


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Fishery-Independent Monitoring 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 Texas Parks and Wildlife 
Department (TPWD) for authorization to take marine mammals incidental 
to conducting fishery-independent monitoring activities in estuarine 
waters of Texas, over the course of five years. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of TPWD'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 TPWD's application and request.

DATES: Comments and information must be received no later than February 
6, 2017.

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: 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 online at 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. 
All personal identifying information (e.g., name, address), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION: 

Availability

    Electronic copies of TPWD's application may be obtained online at: 
www.nmfs.noaa.gov/pr/permits/incidental/research.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.

[[Page 1722]]

    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 July 29, 2015, NMFS received an adequate and complete 
application from TPWD requesting authorization for take of marine 
mammals incidental to fishery-independent monitoring activities in 
Texas. The requested regulations would be valid for five years from the 
date of issuance. The proposed action requires the use of gillnets in 
Texas bays. Use of gillnets in Texas bays presents a reasonable 
likelihood of interaction with bottlenose dolphins (Tursiops 
truncatus). Therefore, TPWD requests authorization to incidentally take 
bottlenose dolphins.

Specified Activities

    TPWD conducts a long-term standardized fishery-independent 
monitoring program to assess the relative abundance and size of finfish 
and shellfish in Texas bays. This program uses gillnets deployed 
according to a stratified random sample design, with each Texas bay 
system as an independent stratum. Gillnets are set overnight during 
ten-week spring and fall sampling seasons, with gillnets set 
perpendicularly to shore.

Information Solicited

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

    Dated: December 27, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-31946 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-22-P