[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31306-31307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14139]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF489


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Commercial Fireworks Displays in 
the Monterey Bay National Marine Sanctuary

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

ACTION: Notice of issuance of a Letter of Authorization.

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

SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the Monterey 
Bay National Marine Sanctuary (MBNMS), for the take of marine mammals 
incidental to commercial fireworks displays in the Monterey Bay 
National Marine Sanctuary (Sanctuary), California.

DATES: Effective from June 29, 2017 to June 28, 2022.

ADDRESSES: The LOA and supporting documents 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 
below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected 
Resources, NMFS, 301-427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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.
    NMFS has defined ``unmitigable adverse impact'' in 50 CFR 216.103 
as an impact resulting from the specified activity:
    (1) That is likely to reduce the availability of the species to a 
level insufficient for a harvest to meet subsistence needs by: (i) 
Causing the marine mammals to abandon or avoid hunting areas; (ii) 
directly displacing subsistence users; or (iii) placing physical 
barriers between the marine mammals and the subsistence hunters; and
    (2) That cannot be sufficiently mitigated by other measures to 
increase the availability of marine mammals to allow subsistence needs 
to be met.
    Except with respect to certain activities not pertinent here, 
section 3(18) of 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

[[Page 31307]]

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).
    Regulations governing the taking of harbor seals (Phoca vitulina 
richardii) and California sea lions (Eumatopias jubatus), by Level B 
harassment, incidental to MBNMS's commercial fireworks displays, were 
issued on June 14, 2017 (82 FR 27434) and remain in effect until June 
28, 2022. A correction to the effective dates of the final rule was 
published on June 27, 2017 (82 FR 29010). For detailed information on 
the action, please refer to that document. The regulations include 
mitigation, monitoring, and reporting requirements for the incidental 
take of marine mammals during commercial fireworks displays within the 
Sanctuary.

Summary of Request

    On October 18, 2016, NMFS received an adequate and complete request 
for regulations and subsequent LOA from MBNMS for the taking of small 
numbers of marine mammals incidental to commercial fireworks displays 
within the Sanctuary. NMFS has issued incidental take authorizations 
under section 101(a)(5)(A or D) of the MMPA to MBNMS for the specified 
activity since 2005. NMFS first issued an incidental harassment 
authorization (IHA) under section 101(a)(5)(D) of the MMPA to MBNMS on 
July 4, 2005 (70 FR 39235; July 7, 2005), and subsequently issued 5-
year regulations governing the annual issuance of LOAs under section 
101(a)(5)(A) of the MMPA (71 FR 40928; July 19, 2006). Upon expiration 
of those regulations, NMFS issued MBNMS an IHA (76 FR 29196; May 20, 
2011), and subsequent 5-year regulations and LOA, which expire on June 
28, 2017 (77 FR 31537; May 29, 2012).
    Professional pyrotechnic devices used in fireworks displays can be 
grouped into three general categories: aerial shells (paper and 
cardboard spheres or cylinders ranging from 2-12 inch (in) (5-30 
centimeter (cm)) in diameter and filled with incendiary materials), 
low-level comet and multi-shot devices similar to over-the-counter 
fireworks (e.g., roman candles), and ground-mounted set piece displays 
that are mostly static in nature. Each display is unique according to 
the type and number of shells, the pace of the show, the length of the 
show, the acoustic qualities of the display site, and even the weather 
and time of day. An average large display will last 20 minutes and 
include 700 aerial shells and 750 low-level effects. An average smaller 
display lasts approximately seven minutes and includes 300 aerial 
shells and 550 low-level effects. The MBNMS anticipates permitting up 
to 10 fireworks events annually. Commercial fireworks displays produce 
noise that may result in Level B harassment of harbor seals and 
California sea lions that are hauled out near the fireworks displays. A 
maximum of 570 harbor seals and 3,983 California sea lions annually 
could be taken by Level B harassment with 2,850 harbor seals and 19,915 
California sea lions taken over the 5-year effective period of the 
regulations. The authorized take will remain within the annual 
estimates analyzed in the final rule making.

Authorization

    We have issued an LOA to MBNMS authorizing the take of marine 
mammals incidental to commercial fireworks displays, as described 
above. Take of marine mammals will be minimized through implementation 
of mitigation measures designed to reduce impacts on pinnipeds by 
establishing a sanctuary-wide seasonal prohibition to safeguard 
pinniped reproductive periods by prohibiting displays between March 1 
and June 30 of any year when the primary reproductive season for 
pinnipeds occurs; establishing four conditional display areas and 
prohibit displays along the remaining 95 percent of sanctuary coastal 
areas; limiting displays to an average frequency equal to or less than 
one every 2 months in each area with a total maximum of 10 displays per 
year across all four areas; limiting fireworks displays to not exceed 
30 minutes, with the exception of two longer displays per year across 
all four areas that will not exceed 1 hour; implementing a ramp-up 
period, wherein salutes are not allowed in the first five minutes of 
the display; and conducting post-show debris cleanups for up to two 
days whereby all debris from the event is removed). Additionally, the 
rule includes an adaptive management component that allows for timely 
modification of mitigation or monitoring measures based on new 
information, when appropriate. The MBNMS will submit reports as 
required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: June 29, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-14139 Filed 7-5-17; 8:45 am]
 BILLING CODE 3510-22-P