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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules without change. All personal identifying information e.g., name, address, confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments enter N/A in the required fields if you wish to remain anonymous.

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 219
Docket No. 2105190110
RIN 0648BK39

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries and Ecosystem Research National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Proposed rule, request for comments.
AGENCY:

NMFS Office of Protected Resources OPR has received a request from the NMFS Northeast Fisheries Science Center NEFSC for authorization to take marine mammals incidental to fisheries and ecosystem research conducted in the Atlantic Ocean, over the course of five years.
This would be the second set of regulations and 5-year LOA issued to the NEFSC. The proposed regulations would be effective September 10, 2021
through September 9, 2026.
As required by the Marine Mammal Protection Act MMPA, NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA
authorization and agency responses will be summarized in the final announcement of our decision.
DATES: Comments and information must be received no later than July 6, 2021.
ADDRESSES: You may submit comments on this document, identified by NOAA
NMFS20210053, by the following method:
Electronic submission: Submit all public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov, enter 0648BK39
in the Search box, click the Comment Now! icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Jaclyn Daly, Office of Protected Resources, NMFS, 301 4278401.
SUPPLEMENTARY INFORMATION:

Availability A copy of NEFSCs application and any supporting documents, as well as a list of the references cited in this document, may be obtained online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing these documents, please call the contact listed above see FOR FURTHER
INFORMATION CONTACT.
Background The MMPA prohibits the take of marine mammals, with certain exceptions. Sections 101a5A 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 to incidentally take marine mammals must be granted if NMFS finds that the taking will have a negligible impact on the species or stocks and will not have an unmitigable adverse impact on the availability of the species or stocks 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 pertaining to the mitigation, monitoring and reporting of the takings are set forth.

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Purpose and Need for This Regulatory Action This proposed rule would establish a framework under the authority of the MMPA 16 U.S.C. 1361 et seq. to allow for the authorization of take of marine mammals incidental to the NEFSCs fisheries research activities in the Atlantic Ocean.
We received an application from the NEFSC requesting regulations and a 5-year LOA to take multiple species of marine mammals incidental to fisheries and ecosystem research in the Atlantic Ocean. Take by mortality or serious injury could occur incidental to the use of fisheries research gear. Take by Level B harassment could occur incidental to the use of active acoustic devices in the Atlantic coast region.
Legal Authority for the Regulatory Action Section 101a5A of the MMPA 16
U.S.C. 1371a5A directs 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 for up to five years if, after notice and public comment, the agency makes certain findings and issues regulations that set forth permissible methods of taking pursuant to that activity and other means of effecting the least practicable adverse impact on the affected species or stocks and their habitat see the discussion below in the Proposed Mitigation section, as well as monitoring and reporting requirements.
Section 101a5A of the MMPA and the implementing regulations at 50 CFR
part 216, subpart I provide the legal basis for issuing this proposed rule containing 5-year regulations, and for any subsequent LOAs. As directed by this legal authority, this proposed rule contains mitigation, monitoring, and reporting requirements.
Summary of Major Provisions Within the Proposed Regulations The following provides a summary the major provisions within this proposed rulemaking for the NEFSC
fisheries research activities in the Northwest Atlantic Ocean. They include, but are not limited to:
Training scientists and vessel crew in marine mammal detection and identification, rule compliance, and marine mammal handling.
Monitoring of the sampling areas to detect the presence of marine mammals before gear deployment and while gear is in the water.

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