Notice2025-15483
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research
Primary source
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Published
August 14, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Southwest Fisheries Science Center (SWFSC) 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), NMFS is announcing receipt of the SWFSC'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 SWFSC's application and request.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Notices]
[Pages 39183-39184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15483]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF102]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Southwest Fisheries Science Center 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 has received a request from the Southwest Fisheries
Science Center (SWFSC) 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), NMFS is
announcing receipt of the SWFSC'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 SWFSC's application and request.
DATES: Comments and information must be received no later than
September 15, 2025.
ADDRESSES: Comments on the applications should be addressed to the
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#4c05181c62262d2f232e393f0c22232d2d622b233a"><span class="__cf_email__" data-cfemail="c8819c98e6a2a9aba7aabdbb88a6a7a9a9e6afa7be">[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: Kristy Jacobus, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the SWFSC'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 June 12, 2025, NMFS received an application from the SWFSC
requesting authorization for take of marine mammals incidental to
fisheries research conducted by SWFSC. After the SWFSC responded to our
questions and submitted a revised application, we determined the
application was adequate and complete on July 29, 2025. The requested
regulations would be valid for 5 years, from January 15, 2026 through
January 15, 2031. The SWFSC plans to conduct fisheries research surveys
in the California Current Research Area (off of 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, purse seines, longlines) used in the SWFSC's research,
resulting in injury, serious injury, or mortality. In addition, Level B
harassment due to physical disturbance of pinnipeds is possible due to
the presence of research vessels in the Antarctic research area.
Because the specified activities have the potential to take marine
mammals present within these action areas, SWFSC requests authorization
to take multiple species of
[[Page 39184]]
marine mammals that may occur in these areas.
The requested regulations would be the third incidental take
regulations issued to the SWFSC, following regulations in place from
2021 to 2026. 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: <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>.
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
of 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 the 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.
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: trawl gear used at various levels in
the water column, hook and line gear, seine nets, and other gear. Of
research gear used by SWFSC, only trawl, hook and line gear, and seine
nets are likely to interact with marine mammals.
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: August 12, 2025.
Tanya Dobrzynski,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-15483 Filed 8-13-25; 8:45 am]
BILLING CODE 3510-22-P
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