Notice2024-11223
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Lighthouse Repair and Tour Operations at Northwest Seal Rock, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 22, 2024
Effective
May 15, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Pursuant to 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 St. George Reef Lighthouse Preservation Society (Society) for the take of marine mammals incidental to conducting aircraft operations, lighthouse renovation, light maintenance activities, and tour operations on the St. George Reef Lighthouse Station (Station) on Northwest Seal Rock (NWSR).
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 44962-44963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11223]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD964]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Lighthouse Repair and Tour
Operations at Northwest Seal Rock, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letter of authorization.
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SUMMARY: Pursuant to 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 St. George
Reef Lighthouse Preservation Society (Society) for the take of marine
mammals incidental to conducting aircraft operations, lighthouse
renovation, light maintenance activities, and tour operations on the
St. George Reef Lighthouse Station (Station) on Northwest Seal Rock
(NWSR).
DATES: This authorization is effective from May 15, 2024 through May
14, 2027.
ADDRESSES: The LOA and supporting documentation are available online
at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-lighthouse-repair-and-tour-operations-northwest-seal-rock">https://www.fisheries.noaa.gov/action/incidental-take-authorization-lighthouse-repair-and-tour-operations-northwest-seal-rock</a>. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Kate Fleming, 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 the 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.
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 April 15, 2022, we issued a final rule upon request from the
Society for authorization to take marine mammals incidental to
lighthouse maintenance and preservation activities at NWSR, offshore of
Crescent City, CA (87 FR 22484). These activities include aircraft
operations, lighthouse renovation, light maintenance activities, and
tour operations. These regulations include mitigation, monitoring, and
reporting requirements for the incidental take of marine mammals during
the specified activities.
NMFS previously issued an LOA under the regulations that was
effective from May 15, 2022, through May 14, 2023 (87 FR 30918, May 20,
2022). The Society has requested issuance of a subsequent LOA for
remaining work described in the regulations, to be effective until
expiration of the regulations on May 15, 2027.
The 2022 LOA included a requirement for quarterly monitoring report
submissions, and the notice of issuance for the 2022 LOA stated that
NMFS would reevaluate that requirement prior to issuance of subsequent
LOAs to the Society. Upon review of the Society's reporting, NMFS has
determined that annual reporting is sufficient, as allowed under the
regulations (50 CFR 217.55(b)(1)(i)).
Authorization
NMFS has issued an LOA to the Society for the harassment of small
[[Page 44963]]
numbers of four marine mammal species incidental to conducting aircraft
operations, lighthouse renovation, light maintenance activities, and
tour operations at NWSR.
Dated: May 17, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-11223 Filed 5-21-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 22, 2024.
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