6576 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Proposed Rules DEPARTMENT OF COMMERCE Protected Resources, National Marine active acoustic survey sources. TPWD Fisheries Service, 1315 East-West has requested take of dolphins from four National Oceanic and Atmospheric Highway, Silver Spring, MD 20910. stocks, by mortality or serious injury, Administration Instructions: Comments sent by any incidental to gillnet fishing in Texas other method, to any other address or bays. For both applicants, the 50 CFR Part 219 individual, or received after the end of regulations would be valid from 2018 to [Docket No. 161109999–8999–01] the comment period, may not be 2023. considered by NMFS. All comments Legal Authority for the Proposed Action RIN 0648–BG44 received are a part of the public record and will generally be posted for public Section 101(a)(5)(A) of the MMPA (16 Taking and Importing Marine viewing on www.regulations.gov U.S.C. 1371(a)(5)(A)) directs the Mammals; Taking Marine Mammals without change. All personal identifying Secretary of Commerce to allow, upon Incidental to Southeast Fisheries information (e.g., name, address), request, the incidental, but not Science Center and Texas Parks and confidential business information, or intentional taking of small numbers of Wildlife Department Fisheries otherwise sensitive information marine mammals by U.S. citizens who Research submitted voluntarily by the sender will engage in a specified activity (other than commercial fishing) within a specified AGENCY: National Marine Fisheries be publicly accessible. NMFS will Service (NMFS), National Oceanic and accept anonymous comments (enter geographical region for up to five years if, after notice and public comment, the Atmospheric Administration (NOAA), ‘‘N/A’’ in the required fields if you wish agency makes certain findings and Commerce. to remain anonymous). Attachments to electronic comments will be accepted in issues regulations that set forth ACTION: Proposed rule; request for permissible methods of taking pursuant comments. Microsoft Word, Excel, or Adobe PDF file formats only. to that activity, as well as monitoring SUMMARY: NMFS’ Office of Protected and reporting requirements. FOR FURTHER INFORMATION CONTACT: Section 101(a)(5)(A) of the MMPA and Resources has received a request from Jaclyn Daly, Office of Protected NMFS’ Southeast Fisheries Science the implementing regulations at 50 CFR Resources, NMFS, (301) 427–8401. part 216, subpart I provide the legal Center (SEFSC) for authorization to take Electronic copies of the application and marine mammals incidental to fisheries basis for issuing this proposed rule supporting documents, as well as a list containing five-year regulations and research conducted in the Atlantic of the references cited in this document, Ocean along the southeastern U.S. coast Letters of Authorization. As directed by may be obtained online at: this legal authority, this proposed rule and select estuaries, the Gulf of Mexico www.nmfs.noaa.gov/pr/permits/ and select estuaries, and the Caribbean contains mitigation, monitoring, and incidental/research.htm. In case of reporting requirements. Sea over the course of five years from problems accessing these documents, the date of issuance. We have also please call the contact listed above. Summary of Major Provisions Within received a request from the Texas Parks SUPPLEMENTARY INFORMATION: the Proposed Regulations and Wildlife Department (TPWD) for Following is a summary of the major authorization to take marine mammals Purpose and Need for Regulatory provisions for the SEFSC within the incidental to fisheries research in Texas Action proposed rulemaking. The SEFSC is bay systems. Pursuant to the Marine This proposed rule, to be issued required to: Mammal Protection Act (MMPA), NMFS under the authority of the MMPA (16 • Delay setting or haul in gear if is requesting comments on its proposal U.S.C. 1361 et seq.), establishes a marine mammal interaction may occur. to issue regulations to the SEFSC and, framework for authorizing the take of • Monitor prior to and during sets for separately, TPWD, to incidentally take marine mammals incidental to fisheries- signs of potential marine mammal marine mammals during the specified independent research conducted by the interaction. • activities. NMFS will consider public SEFSC (in the Atlantic Ocean and Implement the ‘‘move-on rule’’ comments prior to making any final associated estuaries, Gulf of Mexico and mitigation strategy during select surveys decision on the issuance of the associated estuaries, and Caribbean Sea) (note: this measure does not apply to requested MMPA authorizations and bottlenose dolphins). and TPWD (in Texas bays and • agency responses will be summarized in estuaries). SEFSC and TPWD fisheries Limit gear set times (varies based on the final notice of our decision. research has the potential to take marine gear type). • Haul gear immediately if marine DATES: Comments and information must mammals due to possible physical mammals may interact with gear. be received no later than March 29, interaction with fishing gear (e.g., • 2019. Utilize dedicated marine mammal trawls, gillnets, hook-and-line gear) observations during select surveys. ADDRESSES: You may submit comments andexposure to noise generated by • Prohibit chumming. on this document, identified by NOAA– SEFSC sonar devices (e.g., • Continue investigation on the NMFS–2019–0016, by any of the echosounders, side-scan sonar). The effectiveness of modifying lazy lines to following methods: SEFSC submitted an application to reduce bottlenose dolphin entanglement • Electronic submission: Submit all NMFS requesting five-year regulations risk. electronic public comments via the and a letter of authorization (LOA) to • Establish and convene the South Federal e-Rulemaking Portal. Go to take multiple species and stocks of Carolina Department of Natural www.regulations.gov/#!docket marine mammals in the three specified Resources (SCDNR) Working Group to Detail;D=NOAA-NMFS-2019-0016, click research areas (Atlantic, Gulf of Mexico, better understand bottlenose dolphin the ‘‘Comment Now!’’ icon, complete and Caribbean). The SEFSC has entanglement events and apply effective the required fields, and enter or attach requested take, by mortality, serious mitigation strategies. your comments. injury, and Level A harassment, Following is a summary of the major • Mail: Submit written comments to incidental to the use of various types of provisions for the TPWD within the Jolie Harrison, Chief, Permits and fisheries research gear and Level B proposed rulemaking. The TPWD is Conservation Division, Office of harassment incidental to the use of required to: VerDate Sep<11>2014 21:18 Feb 26, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27FEP2.SGM 27FEP2 amozie on DSK3GDR082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Proposed Rules 6577 • Set only new or fully repaired gill the potential to disturb a marine mortality, serious injury, and Level A nets thereby eliminating holes. mammal or marine mammal stock in the harassment (hereafter referred as ‘‘M/SI’’ • Set gillnets with minimal slack and wild by causing disruption of behavioral assuming worst case scenario) and 34 a short marker buoy attached to the patterns, including, but not limited to, species of marine mammals by Level B deep end of the net. migration, breathing, nursing, breeding, harassment. • Conduct dedicated marine mammal feeding, or sheltering (Level B On July 29, 2015, NMFS received an observations at least 15 minutes prior to harassment). application from TPWD requesting setting nets and avoid setting nets if authorization for take of marine National Environmental Policy Act dolphins are observed at or approaching mammals incidental to fishery- the sampling station. To comply with the National independent monitoring activities in • Minimize soak time by utilizing the Environmental Policy Act of 1969 Texas. On January 6, 2017 (82 FR 1721), ‘‘last out/first in’’ strategy for gillnets set (NEPA; 42 U.S.C. 4321 et seq.) and we published a notice of receipt of the in grids where marine mammals have NOAA Administrative Order (NAO) TPWD’s application in the Federal been encountered within the last 5 216–6A, NMFS must review our Register, requesting comments and years. proposed action (i.e., the issuance of an information related to the TPWD’s • Avoid fishing grids where dolphins incidental harassment authorization) request for thirty days. We received have interacted with gear on more than with respect to potential impacts on the comments from the Marine Mammal one occasion or where multiple adjacent human environment. Commission and the Texas Chapter of grids have had at least one dolphin Accordingly, NMFS is preparing an the Coastal Conservation Association encounter. Environmental Assessment (EA) to which we considered in the • Modify gillnets to avoid more than consider the environmental impacts development of this proposed rule and a 4 inch (in.) gap between float/lead line associated with the issuance of the are available on the internet at: https:// and net when net is set. proposed regulations to SEFSC and www.fisheries.noaa.gov/permit/ TPWD. NMFS’ Draft Programmatic Background incidental-take-authorizations-under- Environmental Assessment (PEA) for marine-mammal-protection-act. In Sections 101(a)(5)(A) and (D) of the Fisheries and Ecosystem Research response to comments, TPWD submitted MMPA (16 U.S.C. 1361 et