Federal Register - September 8, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 217
Docket No. 2108300172
RIN 0648BJ87
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Lighthouse Repair and Tour Operations at Northwest Seal Rock, California National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Proposed rule; request for comments.
AGENCY:
NMFS has received a request from the St. George Reef Lighthouse Preservation Society Society for authorization to take marine mammals over the course of 5 years 20212026
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. Pursuant to 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 authorizations and agency responses will be summarized in the final notification of our decision.
DATES: Comments and information must be received no later than October 8, 2021.
ADDRESSES: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https
www.regulations.gov and enter NOAA
NMFS20210079 in the Search box.
Click on the Comment 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 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
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accept anonymous comments enter N/
A in the required fields if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of Protected Resources, NMFS, 301 427
8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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 Letters of Authorization LOAs. As directed by this legal authority, this proposed rule contains mitigation, monitoring, and reporting requirements.
Availability A copy of the Societys application and any supporting documents, as well as a list of the references cited in this document, may be obtained online at:
https www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case of problems accessing these documents, please call the contact listed above see FOR FURTHER INFORMATION CONTACT.
Summary of Major Provisions Within the Proposed Rule Following is a summary of the major provisions of this proposed rule regarding the Societys activities. These measures include:
Required implementation of mitigation to minimize impact to pinnipeds and avoid disruption to dependent pups including several measures to approach haulouts cautiously to minimize disturbance, especially when pups are present.
Required monitoring of the project areas to detect the presence of marine mammals before initiating work.
Purpose and Need for 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 Society conducting aircraft operations, lighthouse renovation, light maintenance activities, and tour operations on the Station on NWSR
approximately 8 miles 12.9 km northwest of Crescent City, CA.
We received an application from the Society requesting 5-year regulations and authorization to take multiple species of marine mammals. Take would occur by Level B harassment incidental to acoustic and visual disturbance of pinnipeds during helicopter operations, lighthouse repair, and tour operations. Please see Background section below for definitions of harassment.
Legal Authority for the Proposed 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 5 years if, after notice and public comment, the
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Background The MMPA prohibits the take of marine mammals, with certain exceptions. Sections 101a5A 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, regulations are issued, and notice is provided to the public.
Authorization for incidental takings shall 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
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