Notice2023-04103
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research
Primary source
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Published
February 28, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS' Office of Protected Resources (OPR) has received a request from the NMFS Northwest Fisheries Science Center (NWFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of 5 years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), OPR is announcing receipt of the NWFSC'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 NWFSC's application and request.
Full Text
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<title>Federal Register, Volume 88 Issue 39 (Tuesday, February 28, 2023)</title>
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[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12662-12663]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04103]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC797]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Fisheries Research
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' Office of Protected Resources (OPR) has received a
request from the NMFS Northwest Fisheries Science Center (NWFSC) for
authorization to take small numbers of marine mammals incidental to
conducting fisheries research, over the course of 5 years from the date
of issuance. Pursuant to regulations implementing the Marine Mammal
Protection Act (MMPA), OPR is announcing receipt of the NWFSC'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 NWFSC's application and
request.
DATES: Comments and information must be received no later than March
30, 2023.
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 <a href="/cdn-cgi/l/email-protection#ce879a9ee082afb9bd8ea0a1afafe0a9a1b8"><span class="__cf_email__" data-cfemail="b9f0ede997f5d8cecaf9d7d6d8d897ded6cf">[email protected]</span></a>.
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 <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities</a> 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: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities</a>. 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
[[Page 12663]]
pertaining to the mitigation, monitoring and reporting of the takings
are set forth.
Summary of Request
On August 3, 2022, we received an application from NWFSC requesting
authorization for take of marine mammals incidental to fisheries
research conducted by NWFSC. The requested regulations would be valid
for 5 years, from August 29, 2023, through August 28, 2028. The NWFSC
plans to NWFSC plans to continue fisheries and ecosystem research in
three defined research areas including the California Current Research
Area, the Puget Sound Research Area, and the Lower Columbia River
Research Area, defined as the estuarine and tidally influenced waters
of the lower Columbia River below the Bonneville Dam. It is possible
that marine mammals may interact with fishing gear (e.g., trawl nets,
longlines) used in NWFSC's research, resulting in injury, serious
injury, or mortality. Because the specified activities have the
potential to take marine mammals present within these action areas,
NWFSC 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 NWFSC, following regulations in place from 2018-
2023. NWFSC has complied with all requirements of the previously issued
Letters of Authorization and has not exceeded the authorized take
numbers. Monitoring reports submitted by NWFSC are available online at:
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-nwfsc-fisheries-and-ecosystem-research">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-nwfsc-fisheries-and-ecosystem-research</a>.
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 finfish 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 NWFSC is
the research arm of NMFS in the Northwest Region. The NWFSC conducts
research and provides scientific advice to manage fisheries and
conserve protected species in three aforementioned geographic research
areas. The NWFSC provides scientific information to support the Pacific
Fishery Management Council and numerous other domestic and
international fisheries management organizations.
The NWFSC collects a wide array of information necessary to
evaluate the status of exploited fishery resources and the marine
environment. NWFSC 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 NWFSC
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 NWFSC, only
pelagic trawl, hook and line gear (including longline gears), and seine
nets are likely to interact with marine mammals.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the NWFSC'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 NWFSC, if appropriate.
Dated: February 23, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-04103 Filed 2-27-23; 8:45 am]
BILLING CODE 3510-22-P
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