[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27388-27390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09925]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA129]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Fisheries Research

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), Commerce.

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

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SUMMARY: NMFS' Office of Protected Resources (OPR) has received a 
request from the NMFS Southwest Fisheries Science Center (SWFSC) for 
authorization to take small numbers of marine mammals incidental to 
conducting fisheries research, over the course of five years from the 
date of issuance. Pursuant to regulations implementing the Marine 
Mammal Protection Act (MMPA), OPR is announcing receipt of the SWFSC's 
request for the development and implementation of regulations governing 
the incidental taking of marine mammals. OPR invites the public to 
provide information, suggestions, and comments on the SWFSC's 
application and request.

DATES: Comments and information must be received no later than June 8, 
2020.

ADDRESSES: Comments on the applications 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: OPR 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. All comments 
received are a part of the public record and will generally be posted 
online at www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities 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. Electronic copies of the application 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. In case of problems accessing these 
documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) 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 incidental take authorization may be provided to the public 
for review.
    Authorization for incidental takings shall 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 taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of the takings are set forth.

Summary of Request

    On April 30, 2020, we received a complete and adequate application 
from SWFSC requesting authorization for take of marine mammals 
incidental to fisheries research conducted by SWFSC. The requested 
regulations would be valid for five years, from October 30, 2020, 
through October 29, 2025. The SWFSC plans to conduct fisheries research 
surveys in the California Current Research Area (off the U.S. west 
coast) and the Antarctic Research Area (in the Antarctic Scotia Sea). 
It is possible that marine mammals may interact with fishing gear 
(e.g., trawl nets, longlines) used in SWFSC's research, resulting in 
injury, serious injury, or mortality. In addition, the SWFSC operates 
active acoustic devices that have the potential to disturb marine 
mammals. Because the specified activities have the potential to take 
marine mammals present within these action areas, SWFSC requests 
authorization to take multiple species of marine mammal that may occur 
in these areas.
    The requested regulations would be the second incidental take 
regulations issued to SWFSC, following regulations in place from 2015-
2020. SWFSC has complied with all requirements of the previously issued 
Letters of Authorization and has not exceeded the authorized take 
numbers. Monitoring reports submitted by SWFSC are available online at: 
www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-swfsc-fisheries-and-ecosystem-research.

Specified Activities

    The Federal Government has a responsibility to conserve and protect 
living marine resources in U.S. Federal waters and has also entered 
into a number of international agreements and treaties related to the 
management of living marine resources in international waters outside 
the United States. NOAA has the primary responsibility for managing 
marine fin and shellfish species and their habitats, with that 
responsibility delegated within NOAA to NMFS.
    In order to direct and coordinate the collection of scientific 
information needed to make informed management decisions, Congress 
created six Regional Fisheries Science Centers, each a distinct 
organizational entity and the scientific focal point within NMFS for 
region-based Federal fisheries-related research. This research is aimed 
at monitoring fish stock recruitment, abundance, survival and 
biological rates, geographic distribution of species and stocks, 
ecosystem process changes, and marine ecological research. The SWFSC is 
the research arm of NMFS in the Southwest Region. The SWFSC conducts 
research and provides scientific advice to manage fisheries and 
conserve protected species in three geographic research areas: The 
California Current Research Area (along the U.S. West Coast), the 
Eastern Tropical Pacific Research Area (ETPRA) (throughout the Eastern 
Tropical Pacific Ocean), and the Antarctic Research Area (in the Scotia 
Sea area off Antarctica). However, no research activity is planned for 
the ETPRA during the next five years, and this research area is not 
included in the scope of SWFSC's current request. The SWFSC provides 
scientific information to support the Pacific Fishery Management 
Council and numerous other domestic and international fisheries 
management organizations.

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    The SWFSC collects a wide array of information necessary to 
evaluate the status of exploited fishery resources and the marine 
environment. SWFSC scientists conduct fishery-independent research 
onboard NOAA-owned and operated vessels or on chartered vessels. A few 
surveys are conducted onboard commercial fishing vessels, but the SWFSC 
designs and executes the studies and funds vessel time. The gear types 
used fall into several categories: Pelagic trawl gear used at various 
levels in the water column, pelagic longlines with multiple hooks, 
seine nets, and other gear. Of research gear used by SWFSC, only 
pelagic trawl, hook and line gear (including longline gears), and seine 
nets are likely to interact with marine mammals. The majority of these 
surveys also use active acoustic devices.

Information Solicited

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

    Dated: May 5, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-09925 Filed 5-7-20; 8:45 am]
 BILLING CODE 3510-22-P