60-day FRN

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices

asabaliauskas on DSK3SPTVN1PROD with NOTICES

This revised estimate of take
constitutes 0.14 percent of the
population of California sea lions,
which is 0.09 percent greater than the
estimated take in the rule, and is the
same kind of take anticipated in the
regulations. Accordingly, the
anticipated taking remains consistent
with the basis for our final rule
determinations of negligible impact
based on the total taking and of small
numbers, and our subsistence findings
for the specified activity.
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing
In August 2016, NMFS released its
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (Guidance),
which established new thresholds for
predicting auditory injury, which
equates to Level A harassment under the
MMPA. In the August 4, 2016, Federal
Register notice announcing the
Guidance (81 FR 51694), NMFS
explained the approach it would take
during a transition period, wherein we
balance the need to consider this new
best available science with the fact that
some applicants have already
committed time and resources to the
development of acoustic analyses based
on our previous thresholds and have
constraints that preclude the
recalculation of take estimates, as well
as consideration of where the agency is
in the decision-making pipeline. In that
notice, we included a non-exhaustive
list of factors that would inform the
most appropriate approach for
considering the new Guidance,
including: How far in the MMPA
process the applicant has progressed;
the scope of the effects; when the
authorization is needed; the cost and
complexity of the analysis; and the
degree to which the Guidance is
expected to affect our analysis.
In this case, SDOT submitted a timely
request for an LOA that was determined
to be adequate and complete prior to
availability of the Guidance and
indicated that they would need to
receive their fourth (final) LOA (if
issued) by fall 2016. The incidental take
rule for SDOT’s activities considered the
potential for auditory injury to marine
mammals, and concluded that injury
would be unlikely to occur due to
SDOT’s mitigation measures and
SDOT’s observed success of those
measures as implemented previously.
As described in the preamble of the
regulations (78 FR 63396), the SDOT
calculated Level A harassment and the
Level A harassment mitigation zones on
the basis of NMFS’ then-current

VerDate Sep<11>2014

16:23 Nov 15, 2016

Jkt 241001

thresholds for onset of P (i.e., 180/190
dB rms) (PTS).
Following release of the Guidance, we
considered the updated thresholds and
found that the distances at which
animals might be exposed to injury fall
mostly within the mitigation zones, and
therefore the likelihood of auditory
injury of marine mammals is still low.
However, to further reduce the
likelihood in light of the Guidance, the
SDOT will now implement a 61meter
(m) exclusion zone for high frequency
cetaceans and a 25 m exclusion zone for
pinnipeds (inclusive of both phocids
and otariids) during vibratory pile
driving, which is larger than the PTS
isopleth indicated by the Guidance for
otariids. As an addition to their
monitoring plan, the SDOT will use
Internet sites that track whale activity in
Puget Sound prior to and during
monitoring shifts in anticipation of any
cetacean that may enter the Level A/B
harassment zones. In summary, we have
considered the new Guidance and
believe that the likelihood of injury is
adequately addressed in the analysis
and appropriate protective measures are
in place in the LOA.
Authorization
NMFS has issued an LOA to SDOT
authorizing the Level B harassment of
marine mammals incidental to pile
driving activities associated with the
EBSP at Seattle, WA. Take of marine
mammals will be minimized through
implementation of the following
mitigation measures: (1) Limited impact
pile driving; (2) containment of impact
pile driving; (3) additional sound
attenuation measures; (4) ramp-up of
pile-related activities; (5) marine
mammal exclusion zones; and (6)
shutdown and delay procedures. SDOT
will also conduct visual monitoring and
underwater acoustic monitoring for
mitigation and research purposes.
Reports will be submitted to NMFS at
the time of request for a renewal of the
LOA, and a final comprehensive report,
which will summarize all previous
reports and assess cumulative impacts,
will be submitted before the rule
expires.
Issuance of this LOA takes into
consideration the results of the
monitoring reports as well as NMFS’
Guidance on hearing impacts from
anthropogenic acoustic sources. Based
on that information and the information
discussed in the rule making for the
five-year regulations, the activities
described under the LOA and the level
of anticipated taking is consistent with
the findings made for the total taking
allowable under the regulations, the
project activities will have a negligible

PO 00000

Frm 00015

Fmt 4703

Sfmt 4703

80645

impact on the affected marine mammal
species or stocks and will not have an
unmitigable adverse impact on their
availability for subsistence uses.
Dated: November 9, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–27464 Filed 11–15–16; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Large Pelagic
Fishing Survey
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:

The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 17, 2017.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to John Foster, (301) 427–8130
or john.foster@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
This request is for extension of a
currently approved information
collection. The Large Pelagic Fishing
Survey consists of dockside and
telephone surveys of recreational
anglers for large pelagic fish (tunas,
sharks, and billfish) in the Atlantic
Ocean. The survey provides the
National Marine Fisheries Service
(NMFS) with information to monitor
catch of bluefin tuna, marlin and other
federally managed species. Catch
monitoring in these fisheries and
collection of catch and effort statistics
for all pelagic fish is required under the

E:\FR\FM\16NON1.SGM

16NON1

80646

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Notices

Atlantic Tunas Convention Act and the
Magnuson-Stevens Fishery
Conservation and Management Act. The
information collected is essential for the
United States (U.S.) to meet its reporting
obligations to the International
Commission for the Conservation of
Atlantic Tuna.
II. Method of Collection
Dockside and telephone interviews
are used. In lieu of telephone
interviews, respondents may also
provide information online via a Web
tool.

asabaliauskas on DSK3SPTVN1PROD with NOTICES

IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.

[FR Doc. 2016–27465 Filed 11–15–16; 8:45 am]
BILLING CODE 3510–22–P

VerDate Sep<11>2014

16:23 Nov 15, 2016

Jkt 241001

National Oceanic and Atmospheric
Administration
RIN 0648–XE943

Atlantic Highly Migratory Species;
Exempted Fishing, Scientific Research,
Display, Shark Research Fishery, and
Chartering Permits; Letters of
Acknowledgment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent; request for
comments.
AGENCY:

III. Data
OMB Control Number: 0648–0380.
Form Number: None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Individuals or
households; business or other for-profit
organizations.
Estimated Number of Unduplicated
Respondents: 15,024.
Estimated Time per Response: 11
minutes for a telephone interview; 5
minutes for a dockside interview; 11⁄2
minutes to respond to a follow-up
validation call for dockside interviews;
1 minute for a biological sampling of
catch.
Estimated Total Annual Burden
Hours: 3,608.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.

Dated: November 9, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.

DEPARTMENT OF COMMERCE

NMFS announces its intent to
issue exempted fishing permits (EFPs),
scientific research permits (SRPs),
display permits, letters of
acknowledgment (LOAs), shark research
fishery permits, and chartering permits
for Atlantic highly migratory species
(HMS) in 2017. EFPs and related
permits would authorize collection of a
limited number of tunas, swordfish,
billfishes, and sharks (collectively
known as HMS) from Federal waters in
the Atlantic Ocean, Caribbean Sea, and
Gulf of Mexico for the purposes of
scientific data collection, bycatch
research, public display, and to evaluate
the efficacy of environmental clean-up
efforts, among other things. LOAs
acknowledge that scientific research
activity aboard a scientific research
vessel is being conducted. Chartering
permits allow the owner of a U.S.
fishing vessel to fish under a chartering
arrangement, which is a contract or
agreement between a U.S. vessel owner
and a foreign entity by which the
control, use, or services of a vessel are
secured for a period of time for fishing
for Atlantic HMS on the high seas or in
the Exclusive Economic Zone of other
nations. Generally, EFPs and related
permits would be valid from the date of
issuance through December 31, 2017,
unless otherwise specified, subject to
the terms and conditions of individual
permits.
DATES: Written comments on these
activities received in response to this
notice will be considered by NMFS
when issuing EFPs and related permits
and must be received on or before
December 16, 2016.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Email: nmfs.hms.efp2017@
noaa.gov. Include in the subject line the
following identifier: 0648–XE943.
• Mail: Craig Cockrell, Highly
Migratory Species Management Division
SUMMARY:

PO 00000

Frm 00016

Fmt 4703

Sfmt 4703

(F/SF1), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell, phone: (301) 427–8503.
SUPPLEMENTARY INFORMATION: Issuance
of EFPs and related permits are
necessary because HMS regulations
(e.g., fishing seasons, prohibited species,
authorized gear, closed areas, and
minimum sizes) may otherwise prohibit
the collection of live animals and/or
biological samples for data collection
and public display purposes or may
otherwise prohibit certain fishing
activity. Pursuant to 50 CFR parts 600
and 635, a NMFS Regional
Administrator or Director may
authorize, for limited testing, public
display, data collection, exploratory
fishing, compensation fishing,
conservation engineering, health and
safety surveys, environmental cleanup,
and/or hazard removal purposes, the
target or incidental harvest of species
managed under an FMP or fishery
regulations that would otherwise be
prohibited. These permits exempt
permit holders from the specific
portions of the regulations (e.g., fishing
seasons, prohibited species, authorized
gear, closed areas, and minimum sizes)
that may otherwise prohibit the
collection of HMS for public education,
public display, or scientific research.
Permit holders are not exempted from
the regulations in entirety. Collection of
HMS under EFPs, SRPs, LOAs, display,
shark research fishery, and chartering
permits represents a small portion of the
overall fishing mortality for HMS, and
this mortality is counted against the
quota of the species harvested, as
appropriate and applicable. The terms
and conditions of individual permits are
unique; however, all permits will
include reporting requirements, limit
the number and/or species of HMS to be
collected, and only authorize collection
in Federal waters of the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea.
EFPs and related permits are issued
under the authority of the MagnusonStevens Fishery Conservation and
Management Reauthorization Act
(Magnuson-Stevens Act) (16 U.S.C. 1801
et seq.) and/or the Atlantic Tunas
Convention Act (ATCA) (16 U.S.C. 971
et seq.). Regulations at 50 CFR 600.745
and 635.32 govern scientific research
activity, exempted fishing, chartering
arrangements, and exempted public
display and educational activities with
respect to Atlantic HMS. Before issuing
LOAs, EFPs, or SRPs, NMFS requests,
among other things, copies of scientific
research plans. Because the MagnusonStevens Act states that scientific
research activity which is conducted on

E:\FR\FM\16NON1.SGM

16NON1