49736 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices 

National Marine Fisheries Services, 

Salmon Management Division, 7600 

Sand Point Way NE., Seattle, WA 98115. 

The documents are also available on the 

Internet at http://www.nwr.noaa.gov. 

Comments received will also be 

available for public inspection, by 

appointment, during normal business 

hours by calling (503) 230–5418. 

FOR FURTHER INFORMATION CONTACT: 

Enrique Patin ̃ o at (206) 526–4655 or 

e-mail: enrique.patino@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice 

Chinook salmon (Oncorhynchus 

tshawytscha): Threatened, naturally 

produced and artificially propagated 

Snake River Spring/Summer-run. 

Steelhead (O. mykiss): Threatened, 

naturally produced and artificially 

propagated Snake River Basin. 

Background 

On June 7, 2011, NMFS received a 

final revised TRMP from the SBT, 

addressing management of SBT fisheries 

in the Grande Ronde and Imnaha Rivers. 

On June 8, 2011, NMFS received a final 

revised TRMP from the CTUIR, 

addressing management of CTUIR 

fisheries in the Grande Ronde and 

Imnaha Rivers. On June 14, 2011, NMFS 

received two final revised FMEPs from 

the ODFW, one describing statemanaged recreational fisheries in the 

Grande Ronde River and one describing 

state-managed fisheries in the Imnaha 

River. The FMEPs and TRMPs include 

adaptive management measures to limit 

ESA impacts and propose conservative 

harvest regimes on the affected listed 

species. The FMEPs and TRMPs 

describe monitoring programs that 

would be in place to ensure that the 

implementation of the fisheries is as 

intended, and that assumptions 

regarding the effects of the fisheries, 

particularly in application of the 

proposed ESA take limits, continue to 

remain valid. 

The FMEPs and TRMPs propose to 

manage all spring/summer Chinook 

salmon fisheries to achieve escapement 

objectives. The FMEPs and TRMPs 

utilize a harvest rate with five tiers 

based on predicted adult abundance to 

each of the affected populations. The 

majority of the harvest is anticipated to 

come from hatchery-origin stocks. The 

FMEPs and TRMPs also describe a 

process to guide coordination of fishery 

design and implementation between the 

agencies implementing fisheries in the 

action area. 

As required by the ESA 4(d) Rule for 

Tribal Plans (65 FR 42481, July 10, 2000 

[50 CFR 223.209]), the Secretary must 

determine pursuant to 50 CFR 223.209 

and pursuant to the government-togovernment processes therein whether 

the TRMPs for fisheries in Northeast 

Oregon would appreciably reduce the 

likelihood of survival and recovery of 

Snake River spring/summer and Snake 

River Basin steelhead. The Secretary 

must take comments on his pending 

determination as to whether the TRMPs 

address the criteria in the Tribal 4(d) 

Rule and in § 223.203(b)(4). 

As specified in § 223.203(b)(4) of the 

ESA 4(d) Rule, NMFS may approve an 

FMEP if it meets criteria set forth in 

§ 223.203(b)(4)(i)(A) through (I). Prior to 

final approval of an FMEP, NMFS must 

publish notification announcing its 

availability for public review and 

comment. 

NEPA requires Federal agencies to 

conduct an environmental analysis of 

their proposed actions to determine if 

the actions may affect the human 

environment. NMFS expects to take 

action on two ESA section 4(d) TRMPs 

and two ESA section 4(d) FMEPs. 

Therefore, NMFS is seeking public 

input on the scope of the required NEPA 

analysis, including the range of 

reasonable alternatives and associated 

impacts of any alternatives. 

The final NEPA, TRMP, and FMEP 

determinations will not be completed 

until after the end of the 30-day 

comment period and will fully consider 

all public comments received during the 

comment period. NMFS will publish a 

record of its final action on the TRMPs 

in the Federal Register. 

Authority 

Under section 4 of the ESA, NMFS, by 

delegated authority from the Secretary 

of Commerce, is required to adopt such 

regulations as he deems necessary and 

advisable for the conservation of the 

species listed as threatened. The ESA 

salmon and steelhead 4(d) Rule (65 FR 

42422, July 10, 2000) specifies 

categories of activities that contribute to 

the conservation of listed salmonids and 

sets out the criteria for such activities. 

Limit 4 of the updated 4(d) rule (50 CFR 

223.203(b)(4)) further provides that the 

prohibitions of paragraph (a) of the 

updated 4(d) rule (50 CFR 223.203(a)) 

do not apply to activities associated 

with fishery harvest provided that an 

FMEP has been approved by NMFS to 

be in accordance with the salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000, as updated in 70 FR 37160, 

June 28, 2005). The ESA Tribal 4(d) 

Rule (65 FR 42481, July 10, 2000) states 

that the ESA section 9 take prohibitions 

will not apply to TRMPs that will not 

appreciably reduce the likelihood of 

survival and recovery for the listed 

species. 

Dated: August 5, 2011. 

Therese Conant, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2011–20460 Filed 8–10–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA629 

Marine Mammals; File No. 15471–01 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

permit amendment. 

SUMMARY: Notice is hereby given that 

Michael Adkesson, D.V.M., Chicago 

Zoological Society, 3300 Golf Rd., 

Brookfield, Illinois 60527, has applied 

for an amendment to Scientific Research 

Permit No. 15471. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

September 12, 2011. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 15471–01 from the list of 

available applications. 

These documents are also available 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301) 427–8401; fax (301) 713–0376; and 

Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930; 

phone (978) 281–9328; fax (978) 281– 

9394. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov. 

Please include File No. 15471–01 in the 

subject line of the e-mail comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices 49737 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Laura Morse or Jennifer Skidmore, (301) 

427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject amendment to Permit No. 15471 

is requested under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), and 

the regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

Permit No. 15471 (issued on August 

23, 2010; 75 FR 52721), authorizes the 

permit holder to import biological 

samples taken for scientific research 

from South American fur seals 

(Arctocephalus australis). Unlimited 

samples from up to 200 salvaged 

carcasses and live female and pup South 

American fur seals may be received, 

imported, or exported annually. No live 

animals can be harassed or taken, 

lethally or otherwise, under the permit. 

The permit expires on August 31, 2015. 

The permit holder is requesting the 

permit be amended to increase the total 

number of individuals and include 

samples from male South American fur 

seals. In addition, the permit holder is 

requesting to add adult and pup South 

American sea lions (Otaria flavescens) 

from which unlimited samples could be 

received, imported, or exported. No live 

animals would be harassed or taken, 

lethally or otherwise, under the 

requested amendment. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: August 5, 2011. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–20458 Filed 8–10–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA430 

Takes of Marine Mammals Incidental to 

Specified Activities; Marine 

Geophysical Survey in the CentralWestern Bering Sea, August 2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

take authorization (ITA). 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulation, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to the U.S. Geological Survey 

(USGS) to take marine mammals, by 

Level B harassment, incidental to 

conducting a marine geophysical survey 

in the central-western Bering Sea, 

August 2011. 

DATES: Effective August 7 through 

October 1, 2011. 

ADDRESSES: A copy of the IHA and 

application are available by writing to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910 

or by telephoning the contacts listed 

here. 

A copy of the application containing 

a list of the references used in this 

document may be obtained by writing to 

the above address, telephoning the 

contact listed here (see FOR FURTHER

INFORMATION CONTACT) or visiting the 

Internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

The following associated documents are 

also available at the same Internet 

address: Environmental Assessment 

(EA), prepared by USGS. The NMFS 

Biological Opinion will be available 

online at: http://www.nmfs.noaa.gov/pr/ 

consultation/opinions.htm. Documents 

cited in this notice may be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Brian D. Hopper, 301–427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(D) of the MMPA (16 

U.S.C. 1371 (a)(5)(D)) directs the 

Secretary of Commerce (Secretary) to 

authorize, upon request, the incidental, 

but not intentional, taking of small 

numbers of marine mammals of a 

species or population stock, by United 

States citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and, if the 

taking is limited to harassment, a notice 

of a proposed authorization is provided 

to the public for review. 

Authorization for the incidental 

taking of small numbers of marine 

mammals shall be granted if NMFS 

finds that the taking will have a 

negligible impact on the species or 

stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). The 

authorization must set forth the 

permissible methods of taking, other 

means of effecting the least practicable 

adverse impact on the species or stock 

and its habitat, and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings. NMFS 

has defined ‘‘negligible impact’’ in 50 

CFR 216.103 as ‘‘* * * an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) of the MMPA 

establishes a 45-day time limit for 

NMFS’s review of an application 

followed by a 30-day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of small numbers of marine 

mammals. Within 45 days of the close 

of the public comment period, NMFS 

must either issue or deny the 

authorization. Except with respect to 

certain activities not pertinent here, the 

MMPA defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

16 U.S.C. 1362(18) 

Summary of Request 

NMFS received an application on 

April 8, 2011, from USGS for the taking 

by harassment, of marine mammals, 

incidental to conducting a marine 

geophysical survey in the centralVerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

srobinson on DSK4SPTVN1PROD with NOTICES