Notice2024-30726
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Alabama Department of Conservation and Natural Resources Fisheries Independent Research Programs
Primary source
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Published
December 26, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Alabama Department of Conservation and Natural Resources (ALDCNR) for authorization to take small numbers of marine mammals incidental to fisheries independent research programs in Mobile Bay and adjacent waters of Alabama over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the ALDCNR'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 ALDCNR's application and request.
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 105004-105005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30726]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE540
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Alabama Department of Conservation and Natural Resources
Fisheries Independent Research Programs
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 Alabama Department of
Conservation and Natural Resources (ALDCNR) for authorization to take
small numbers of marine mammals incidental to fisheries independent
research programs in Mobile Bay and adjacent waters of Alabama over the
course of five years from the date of issuance. Pursuant to regulations
implementing the Marine Mammal Protection Act (MMPA), NMFS is
announcing receipt of the ALDCNR's
[[Page 105005]]
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 ALDCNR's
application and request.
DATES: Comments and information must be received no later than January
27, 2025.
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#a4edf0f48ac7cbc7cfd6c1c8c8e4cacbc5c58ac3cbd2"><span class="__cf_email__" data-cfemail="662f3236480509050d14030a0a260809070748010910">[email protected]</span></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: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the ALDCNR'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 April 12, 2024, NMFS received an application from the ALDCNR
requesting authorization for take of marine mammals incidental to their
fisheries independent research programs related to sampling activities
with gillnet and trawl gear in Mobile Bay and adjacent waters of
Alabama. Following NMFS' review of the application, ALDCNR provided
responses to NMFS initial questions on July 11, 2024 and responses to
follow up questions on December 10, 2024. NMFS determined the
application was adequate and complete on December 12, 2024. The
requested regulations would be valid for five years from the date of
issuance. The ALDCNR plans to conduct the research in Mobile Bay and
adjacent waters including Mississippi Sound, Perdido Bay, Wolf Bay, and
Little Lagoon. It is possible that marine mammals may interact with
fishing gear (e.g. gillnets and trawl gear) proposed for use in
ALDCNR's fishery independent resulting in injury, serious injury, or
mortality. Therefore, the ALDCNR requests authorization to incidentally
take marine mammals.
Specified Activities
The ALDCNR conducts fishery independent surveys throughout the
inshore and coastal waters of Alabama, in the northern Gulf of Mexico,
to produce scientific information necessary for the management and
conservation of living marine resources in that area. The fisheries
independent research programs use sampling gear including gillnets,
seines, and otter trawls to assess marine organisms in different
habitats and trophic levels and provides data about post-larval,
juvenile, and adult populations of marine organisms in Alabama inshore
and coastal waters. The collective data is used by fisheries scientists
to monitor growth, seasonal and geographical distribution, changes in
population structures, and correlation of abundance with some abiotic
factors for all Alabama marine fauna. These proposed activities by
ALDCNR would be conducted over the 5-year period of the regulations and
subsequent LOA.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the ALDCNR'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 ALDCNR, if appropriate.
Dated: December 18, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-30726 Filed 12-23-24; 8:45 am]
BILLING CODE 3510-22-P
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