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Federal Register/Vol. 86, No. 171/Wednesday, September 8, 2021/Proposed Rules

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Federal Register/Vol. 86, No. 171/Wednesday, September 8, 2021/Proposed Rules 50304 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules DEPARTMENT OF COMMERCE accept anonymous comments (enter ‘‘N/ agency makes certain findings and A’’ in the required fields if you wish to issues regulations that set forth National Oceanic and Atmospheric remain anonymous). Attachments to permissible methods of taking pursuant Administration electronic comments will be accepted in to that activity and other means of Microsoft Word, Excel, or Adobe PDF effecting the ‘‘least practicable adverse 50 CFR Part 217 file formats only. impact’’ on the affected species or [Docket No. 210830–0172] FOR FURTHER INFORMATION CONTACT: stocks and their habitat (see the Dwayne Meadows, Ph.D., Office of discussion below in the Proposed RIN 0648–BJ87 Protected Resources, NMFS, (301) 427– Mitigation section), as well as 8401. Electronic copies of the monitoring and reporting requirements. Takes of Marine Mammals Incidental to application and supporting documents, Section 101(a)(5)(A) of the MMPA and Specified Activities; Taking Marine as well as a list of the references cited the implementing regulations at 50 CFR Mammals Incidental to Lighthouse in this document, may be obtained part 216, subpart I provide the legal Repair and Tour Operations at online at: https:// basis for issuing this proposed rule Northwest Seal Rock, California www.fisheries.noaa.gov/permit/ containing 5-year regulations, and for AGENCY: National Marine Fisheries incidental-take-authorizations-under- any subsequent Letters of Authorization Service (NMFS), National Oceanic and marine-mammal-protection-act. In case (LOAs). As directed by this legal Atmospheric Administration (NOAA), of problems accessing these documents, authority, this proposed rule contains Commerce. please call the contact listed above. mitigation, monitoring, and reporting ACTION: Proposed rule; request for SUPPLEMENTARY INFORMATION: requirements. comments. Availability Summary of Major Provisions Within the Proposed Rule SUMMARY: NMFS has received a request A copy of the Society’s application from the St. George Reef Lighthouse and any supporting documents, as well Following is a summary of the major Preservation Society (Society) for as a list of the references cited in this provisions of this proposed rule authorization to take marine mammals document, may be obtained online at: regarding the Society’s activities. These over the course of 5 years (2021–2026) https://www.fisheries.noaa.gov/permit/ measures include: • incidental to conducting aircraft incidental-take-authorizations-under- Required implementation of operations, lighthouse renovation, light marine-mammal-protection-act. In case mitigation to minimize impact to maintenance activities, and tour of problems accessing these documents, pinnipeds and avoid disruption to operations on the St. George Reef please call the contact listed above (see dependent pups including several Lighthouse Station (Station) on FOR FURTHER INFORMATION CONTACT). measures to approach haulouts Northwest Seal Rock (NWSR). Pursuant cautiously to minimize disturbance, Purpose and Need for Regulatory especially when pups are present. to the Marine Mammal Protection Act Action • (MMPA), NMFS is proposing Required monitoring of the project regulations to govern that take, and This proposed rule would establish a areas to detect the presence of marine requests comments on the proposed framework under the authority of the mammals before initiating work. regulations. NMFS will consider public MMPA (16 U.S.C. 1361 et seq.) to allow Background comments prior to making any final for the authorization of take of marine mammals incidental to the Society The MMPA prohibits the ‘‘take’’ of decision on the issuance of the marine mammals, with certain requested MMPA authorizations and conducting aircraft operations, lighthouse renovation, light exceptions. Sections 101(a)(5)(A) of the agency responses will be summarized in MMPA (16 U.S.C. 1361 et seq.) direct the final notification of our decision. maintenance activities, and tour operations on the Station on NWSR the Secretary of Commerce (as delegated DATES: Comments and information must approximately 8 miles (12.9 km) to NMFS) to allow, upon request, the be received no later than October 8, northwest of Crescent City, CA. incidental, but not intentional, taking of 2021. We received an application from the small numbers of marine mammals by ADDRESSES: Submit all electronic public Society requesting 5-year regulations U.S. citizens who engage in a specified comments via the Federal e-Rulemaking and authorization to take multiple activity (other than commercial fishing) Portal. Go to https:// species of marine mammals. Take within a specified geographical region if www.regulations.gov and enter NOAA– would occur by Level B harassment certain findings are made, regulations NMFS–2021–0079 in the Search box. incidental to acoustic and visual are issued, and notice is provided to the Click on the ‘‘Comment’’ icon, complete disturbance of pinnipeds during public. the required fields, and enter or attach helicopter operations, lighthouse repair, Authorization for incidental takings your comments. and tour operations. Please see shall be granted if NMFS finds that the Instructions: Comments sent by any Background section below for taking will have a negligible impact on other method, to any other address or definitions of harassment. the species or stock(s) and will not have individual, or received after the end of an unmitigable adverse impact on the the comment period, may not be Legal Authority for the Proposed Action availability of the species or stock(s) for considered by NMFS. All comments Section 101(a)(5)(A) of the MMPA (16 taking for subsistence uses (where received are a part of the public record U.S.C. 1371(a)(5)(A)) directs the relevant). Further, NMFS must prescribe and will generally be posted for public Secretary of Commerce to allow, upon the permissible methods of taking and viewing on www.regulations.gov request, the incidental, but not other ‘‘means of effecting the least without change. All personal identifying intentional taking of small numbers of practicable adverse impact’’ on the information (e.g., name, address), marine mammals by U.S. citizens who affected species or stocks and their confidential business information, or engage in a specified activity (other than habitat, paying particular attention to otherwise sensitive information commercial fishing) within a specified rookeries, mating grounds, and areas of submitted voluntarily by the sender will geographical region for up to 5 years if, similar significance, and on the be publicly accessible. NMFS will after notice and public comment, the availability of the species or stocks for VerDate Sep<11>2014 16:57 Sep 07, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.SGM 08SEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 50305 taking for certain subsistence uses Summary of Request observation gallery platform surrounds (referred to in shorthand as On March 23, 2020, NMFS received a the lantern room and provides a 360 ‘‘mitigation’’); and requirements request from the Society for a proposed degree view to the caisson and rocks pertaining to the mitigation, monitoring rule and LOAs to take marine mammals below. and reporting of the takings are set forth. incidental to lighthouse maintenance The purpose of the project is to NMFS has defined ‘‘negligible and preservation activities at NWSR, conduct annual maintenance of the impact’’ in 50 CFR 216.103 as an impact offshore of Crescent City, CA. The Station’s optical light system, resulting from the specified activity that application was deemed adequate and emergency maintenance in the event of cannot be reasonably expected to, and is complete on April 16, 2020. The equipment failure, restoration activities, not reasonably likely to, adversely affect Society’s request is for take of a small and lighthouse tours. Because NWSR the species or stock through effects on number of California sea lions has no safe landing area for boats, the annual rates of recruitment or survival. (Zalophus californianus), harbor seals Society accesses the Station via The MMPA states that the term ‘‘take’’ (Phoca vitulina), Steller sea lions helicopter. Restoration work sessions means to harass, hunt, capture, or kill, (Eumetopias jubatus), and northern fur can occur over 3-day weekends or or attempt to harass, hunt, capture, or seals (Callorhinus ursinus) by Level B longer one to two week sessions. The kill any marine mammal. harassment only. Neither the Society following specific aspects of the Except with respect to certain nor NMFS expects serious injury or proposed activities would likely result activities not pertinent here, the MMPA mortality to result from this activity. On in the take of marine mammals: defines ‘‘harassment’’ as: Any act of June 9, 2020 (85 FR 35268), we Acoustic and visual stimuli from (1) pursuit, torment, or annoyance which (i) published a notice of receipt of the helicopter landings and takeoffs; (2) has the potential to injure a marine Coast Guard’s application in the Federal noise generated during restoration mammal or marine mammal stock in the Register, requesting comments and activities (e.g., painting, plastering, wild (Level A harassment); or (ii) has information related to the request for 30 welding, and glazing); (3) maintenance activities (e.g., bulb replacement
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