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Federal Register/Vol. 85, No. 143/Friday, July 24, 2020/Proposed Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules 44835 (iv) Take incidental to an otherwise NMFS–2020–0076, by any of the We received an application from lawful activity caused by: following methods: Point Blue requesting five-year (A) Native habitat restoration • Electronic submission: Submit all regulations and authorization to take activities, inclusive of invasive and/or electronic public comments via the multiple species of marine mammals. nonnative species removal, conducted Federal e-Rulemaking Portal. Go to Take would occur by Level B by a conservation organization pursuant www.regulations.gov/ harassment incidental to visual to a Service-approved management or #!docketDetail;D=NOAA-NMFS-2020- disturbance of pinnipeds during restoration plan. 0076, click the ‘‘Comment Now!’’ icon, research activities and use of research (B) Fire-hazard reduction activities complete the required fields, and enter equipment. Please see Background implemented by the California or attach your comments. below for definitions of harassment. Department of Forestry and Fire • Mail: Submit written comments to Legal Authority for the Proposed Action Protection in accordance with a Service- Jolie Harrison, Chief, Permits and approved plan within the range of the Conservation Division, Office of Section 101(a)(5)(A) of the MMPA (16 Morro shoulderband snail. Protected Resources, National Marine U.S.C. 1371(a)(5)(A)) directs the (v) Possess and engage in other acts Fisheries Service, 1315 East West Secretary of Commerce to allow, upon with unlawfully taken wildlife, as set Highway, Silver Spring, MD 20910. request, the incidental, but not forth at § 17.21(d)(2) for endangered Instructions: Comments sent by any intentional taking of small numbers of wildlife. other method, to any other address or marine mammals by U.S. citizens who individual, or received after the end of engage in a specified activity (other than Aurelia Skipwith, the comment period, may not be commercial fishing) within a specified Director, U.S. Fish and Wildlife Service. considered by NMFS. All comments geographical region for up to five years [FR Doc. 2020–15175 Filed 7–23–20; 8:45 am] received are a part of the public record if, after notice and public comment, the BILLING CODE 4333–15–P and will generally be posted for public agency makes certain findings and viewing on www.regulations.gov issues regulations that set forth without change. All personal identifying permissible methods of taking pursuant DEPARTMENT OF COMMERCE information (e.g., name, address), to that activity and other means of confidential business information, or effecting the ‘‘least practicable adverse National Oceanic and Atmospheric otherwise sensitive information impact’’ on the affected species or Administration submitted voluntarily by the sender will stocks and their habitat (see the be publicly accessible. NMFS will discussion below in the Proposed 50 CFR Part 217 accept anonymous comments (enter ‘‘N/ Mitigation section), as well as A’’ in the required fields if you wish to [Docket No. 200706–0180] monitoring and reporting requirements. remain anonymous). Section 101(a)(5)(A) of the MMPA and RIN 0648–BJ47 FOR FURTHER INFORMATION CONTACT: the implementing regulations at 50 CFR Amy Fowler, Office of Protected part 216, subpart I provide the legal Take of Marine Mammals Incidental to Resources, NMFS, (301) 427–8401. basis for issuing this proposed rule Specified Activities; Taking Marine Electronic copies of the application and containing five-year regulations, and for Mammals Incidental to Seabird supporting documents, as well as a list any subsequent Letters of Authorization Research Activities in Central of the references cited in this document, (LOAs). As directed by this legal California may be obtained online at: https:// authority, this proposed rule contains AGENCY: National Marine Fisheries www.fisheries.noaa.gov/permit/ mitigation, monitoring, and reporting Service (NMFS), National Oceanic and incidental-take-authorizations-under- requirements. marine-mammal-protection-act. In case Atmospheric Administration (NOAA), Summary of Major Provisions Within Commerce. of problems accessing these documents, please call the contact listed above. the Proposed Rule ACTION: Proposed rule; request for comments. SUPPLEMENTARY INFORMATION: Following is a summary of the major provisions of this proposed rule Availability SUMMARY: NMFS has received a request regarding Point Blue’s seabird research from Point Blue Conservation Science A copy of Point Blue’s application activities. These measures include: (Point Blue) for authorization to take and any supporting documents, as well • Required implementation of marine mammals incidental to seabird as a list of the references cited in this mitigation to minimize impact to research activities in central California. document, may be obtained online at: pinnipeds including several measures to Pursuant to the Marine Mammal https://www.fisheries.noaa.gov/ approach haulouts cautiously to Protection Act (MMPA), NMFS is national/marine-mammal-protection/ minimize disturbance, and avoiding proposing regulations to govern that incidental-take-authorizations-research- surveying when pups are present. • take, and requests comments on the and-other-activities. In case of problems Required monitoring of the research proposed regulations. NMFS will accessing these documents, please call areas to detect the presence of marine consider public comments prior to the contact listed above (see FOR mammals before initiating surveys. FURTHER INFORMATION CONTACT). making any final decision on the Background issuance of the requested MMPA Purpose and Need for Regulatory The MMPA prohibits the ‘‘take’’ of authorization and agency responses will Action marine mammals, with certain be summarized in the final notice of our This proposed rule would establish a exceptions. Sections 101(a)(5)(A) and decision. framework under the authority of the (D) of the MMPA (16 U.S.C. 1361 et DATES: Comments and information must MMPA (16 U.S.C. 1361 et seq.) to allow seq.) direct the Secretary of Commerce be received no later than August 24, for the authorization of take of marine (as delegated to NMFS) to allow, upon 2020. mammals incidental to Point Blue’s request, the incidental, but not ADDRESSES: You may submit comments seabird research activities in central intentional, taking of small numbers of on this document, identified by NOAA– California. marine mammals by U.S. citizens who VerDate Sep<11>2014 18:58 Jul 23, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\24JYP1.SGM 24JYP1 jbell on DSKJLSW7X2PROD with PROPOSALS 44836 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules engage in a specified activity (other than adequate and complete on November Dates and Duration commercial fishing) within a specified 26, 2019. Point Blue’s request is for take Point Blue’s research is conducted geographical region if certain findings of a small number of California sea lions throughout the year. At SEFI, seabird are made, regulations are issued, and (Zalophus californianus), harbor seals monitoring sites are visited 1–3 times notice is provided to the public. (Phoca vitulina richardii), northern per day for a maximum of 500 visits per Authorization for incidental takings elephant seals (Mirounga angustirostris), year. Boat landings to re-supply the shall be granted if NMFS finds that the northern fur seals (Callorhinus ursinus), field station, lasting 1–3 hours, are taking will have a negligible impact on Guadalupe fur seals (Arctocephalus conducted once every two weeks. At the species or stock(s) and will not have philippii townsendi), and Steller sea ANI, research is conducted an unmitigable adverse impact on the lions (Eumetopias jubatus), by Level B approximately once a week from April- availability of the species or stock(s) for harassment only. Neither Point Blue nor August, with occasional intermittent taking for subsistence uses (where NMFS expects serious injury or visits made during the rest of the year. relevant). Further, NMFS must prescribe mortality, or Level A harassment, to The maximum number of visits per year the permissible methods of taking and result from this activity. would be 20. Research at PRNS is other ‘‘means of effecting the least NMFS has previously issued ten conducted year round, with an practicable adverse impact’’ on the Incidental Harassment Authorizations emphasis during the seabird nesting affected species or stocks and their (IHAs) to Point Blue for similar work season, and with occasional intermittent habitat, paying particular attention to from 2006 through 2020 (72 FR 71121, visits the rest of the year. The maximum rookeries, mating grounds, and areas of December 14, 2007; 73 FR 77011, similar significance, and on the number of visits per year is 20. A December 18, 2008; 75 FR 8677, component of the seabird research availability of the species or stocks for February 19, 2010; 77 FR 73989, taking for certain subsistence uses involves habitat restoration and December 7, 2012; 78 FR 66686, monitoring which requires sporadic (referred to, in shorthand, as November 6, 2013; 80 FR 80321, ‘‘mitigation’’); and requirements visits from September-November, the December 24, 2015; 81 FR 34978, June time period between the seabird pertaining to the mitigation, monitoring 1, 2016; 82 FR 31759, July 7, 2017; 83 and reporting of the takings are set forth. breeding season and the elephant seal FR 31372, July 5, 2018;
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