Notice2024-06755
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Alaska Fisheries Science Center Fisheries and Ecosystem Research
Primary source
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Published
March 29, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the NMFS Alaska Fisheries Science Center (AFSC) for authorization to take marine mammals incidental to conducting fisheries and ecosystem research in the Pacific and Arctic Oceans over the course of 5 years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of AFSC'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 the AFSC's application and request.
Full Text
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<title>Federal Register, Volume 89 Issue 62 (Friday, March 29, 2024)</title>
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[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22125-22126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06755]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-BM93
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Alaska Fisheries Science Center Fisheries and Ecosystem
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 has received a request from the NMFS Alaska Fisheries
Science Center (AFSC) for authorization to take marine mammals
incidental to conducting fisheries and ecosystem research in the
Pacific and Arctic Oceans over the course of 5 years from the date of
issuance. Pursuant to regulations implementing the Marine Mammal
Protection Act (MMPA), NMFS is announcing receipt of AFSC'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 the AFSC's application and
request.
DATES: Comments and information must be received no later than April
29, 2024.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#86cfd2d6a8cce7e5e9e4f3f5c6e8e9e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="c78e9397e98da6a4a8a5b2b487a9a8a6a6e9a0a8b1">[email protected]</span></a>. An electronic copy of AFSC's application may be
obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities</a>.
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 <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities">https://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: Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the AFSC's
application may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities">https://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
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
authorization is provided to the public for review.
An incidental take authorization 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
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 November 13, 2023, NMFS received an application from the AFSC
requesting authorization for take of marine mammals incidental to
fisheries and ecosystem research conducted by AFSC and the
International Pacific Halibut Commission (IPHC) in the Pacific and
Arctic Oceans. Following NMFS' review of the application, AFSC provided
responses to our questions and submitted a revised application on March
19, 2024, and the application was deemed adequate and complete on March
20, 2024. The requested regulations would be valid for 5 years, from
October 7, 2024 through October 6, 2029. AFSC plans to conduct
fisheries research surveys in multiple geographic regions, including
the Gulf of Alaska, Bering Sea, and Arctic Ocean. The IPHC operates in
the Bering Sea, Gulf of Alaska, and waters off the U.S west coast. It
is possible that marine mammals may interact with fishing gear (e.g.,
trawl nets, longline, gillnets) used in AFSC's and IPHC's fisheries
research projects, resulting in injury, serious injury, or mortality.
In addition, Level B harassment takes due to physical disturbance of
pinnipeds at haulouts due to the presence of research vessels, gear, or
humans is possible. Therefore, AFSC requests authorization to
incidentally take marine mammals.
AFSC has determined it appropriate to incorporate the fisheries
research activities of the IPHC into their specified activity. The
IPHC, established by a Convention between the government of Canada and
the U.S., is an international fisheries organization mandated to
conduct research on and manage the stock of Pacific halibut
(Hippoglossus stenolepis) within the Convention waters of both nations.
Although operating in U.S. waters (and, therefore, subject to the MMPA
prohibition on ``take'' of marine mammals), the IPHC is not
appropriately considered to be a U.S. citizen (as defined by the MMPA)
and
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cannot be issued an incidental take authorization. IPHC activity and
requested take authorization is described in AFSC's application.
The requested regulations would be the second incidental take
regulations issued to AFSC, following regulations in place from 2019-
2024. Monitoring reports submitted by AFSC are available online at:
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-afsc-fisheries-and-ecosystem-research">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-afsc-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 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 AFSC is
the research arm of NMFS in U.S. waters off of Alaska.
As noted above, the IPHC is an international organization dedicated
to conducting research in support of increasing and maintaining
knowledge of halibut biology and stock assessment.
Research is aimed at monitoring fish stock recruitment, survival
and biological rates, abundance and geographic distribution of species
and stocks, and providing other scientific information needed to
improve our understanding of complex marine ecological processes. The
AFSC and IPHC propose to administer and conduct these survey programs
over the 5-year period.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning AFSC'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 AFSC, if appropriate.
Dated: March 26, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-06755 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-22-P
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