Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Notices 41773 

determine that this action will have a 

negligible impact on the species in the 

specified geographic region. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, we 

find that the Observatory’s planned 

research activities will result in the 

incidental take of small numbers of 

marine mammals, by Level B 

harassment only, and that the required 

measures mitigate impacts to affected 

species or stocks of marine mammals to 

the lowest level practicable. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

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

Mammal Protection Act also requires us 

to determine that the authorization will 

not have an unmitigable adverse effect 

on the availability of marine mammal 

species or stocks for subsistence use. 

There are no relevant subsistence uses 

of marine mammals in the study area 

(northeastern Pacific Ocean) that 

implicate section 101(a)(5)(D) of the 

MMPA. 

Endangered Species Act 

Of the species of marine mammals 

that may occur in the survey area, 

several are listed as endangered under 

the ESA, including the blue, fin, 

humpback, North Pacific right, sei, 

sperm, and Southern Resident killer 

whales. The Observatory did not request 

take of endangered North Pacific right 

whales because of the low likelihood of 

encountering these species during the 

cruise. No incidental takes of Southern 

Resident killer whales has been 

authorized. 

Under section 7 of the ESA, the 

Foundation initiated formal 

consultation with the Service’s Office of 

Protected Resources, Endangered 

Species Act Interagency Cooperation 

Division, on these seismic surveys. We 

(i.e., NMFS, Office of Protected 

Resources, Permits and Conservation 

Division), also initiated and engaged in 

formal consultation under section 7 of 

the ESA with the Endangered Species 

Act Interagency Cooperation Division to 

obtain a Biological Opinion evaluating 

the effects of issuing the Incidental 

Harassment Authorization under section 

101(a)(5)(D) of the MMPA for this 

activity. These two consultations were 

consolidated and addressed in a single 

Biological Opinion addressing the direct 

and indirect effects of these 

interdependent actions. On June 8 and 

11, 2012, new information was received 

and consultation was reinitiated on the 

three proposed seismic surveys and the 

associated issuance of the Incidental 

Harassment Authorizations. The designs 

of the seismic surveys were modified 

and enhanced monitoring and 

mitigation measures were added to 

address concerns regarding endangered 

Southern Resident killer whales. In June 

and July 2012, we issued three 

Biological Opinions and concluded that 

the action and issuance of the Incidental 

Harassment Authorizations are not 

likely to jeopardize the continued 

existence of endangered or threatened 

cetaceans, pinnipeds, and sea turtles 

and included an Incidental Take 

Statement incorporating the 

requirements of the Incidental 

Harassment Authorizations as Terms 

and Conditions. Compliance with those 

Relevant Terms and Conditions of the 

Incidental Take Statement is likewise a 

mandatory requirement of the Incidental 

Harassment Authorizations. The 

Biological Opinion also concluded that 

designated critical habitat would not be 

destroyed or adversely modified by the 

surveys. 

National Environmental Policy Act 

With its complete application, the 

Foundation and the Observatory 

provided an ‘‘Environmental 

Assessment and Finding of No 

Significant Impact Determination 

Pursuant to the National Environmental 

Policy Act, (NEPA: 42 U.S.C. 4321 et 

seq.) and Executive Order 12114 for a 

Marine Seismic Survey in the 

northeastern Pacific Ocean, 2012,’’ 

which incorporates an ‘‘Environmental 

Assessment of a Marine Geophysical 

Survey by the R/V Marcus G. Langseth 

in the Northeastern Pacific Ocean, June– 

July 2012,’’ prepared by LGL Limited, 

Environmental Research Associates. 

The Environmental Assessment 

analyzes the direct, indirect, and 

cumulative environmental impacts of 

the specified activities on marine 

mammals including those listed as 

threatened or endangered under the 

ESA. We have conducted an 

independent review and evaluation of 

the document for sufficiency and 

compliance with the Council of 

Environmental Quality and NOAA 

Administrative Order 216–6 § 5.09(d), 

Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, and have 

determined that issuance of the 

Incidental Harassment Authorizations is 

not likely to result in significant impacts 

on the human environment. Also, we 

have provided relevant environmental 

information to the public through the 

notice of the proposed Incidental 

Harassment Authorization (77 FR 

25966, May 2, 2012) and have 

considered public comments received in 

response prior to adopting the 

Foundation’s Environmental 

Assessment. We have concluded that 

the issuance of the Incidental 

Harassment Authorizations would not 

significantly affect the quality of the 

human environment and have issued a 

separate Finding of No Significant 

Impact. Because we have made this 

finding, it is not necessary to prepare an 

Environmental Impact Statement for the 

issuance of the Incidental Harassment 

Authorizations to the Observatory for 

this activity. 

Authorization 

We have issued three Incidental 

Harassment Authorizations to the 

Observatory for the take of marine 

mammals incidental to conducting three 

marine seismic surveys in the northeast 

Pacific Ocean, June to July 2012, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: July 10, 2012. 

Helen M. Golde, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–17258 Filed 7–13–12; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: Wednesday, July 18, 

2012; 3 p.m.–5 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

MATTER TO BE CONSIDERED: 

Compliance Briefing 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway Bethesda, MD 20814, (301) 

504–7923. 

Dated: July 12, 2012. 

Todd A Stevenson, 

Secretary. 

[FR Doc. 2012–17383 Filed 7–12–12; 4:15 pm] 

BILLING CODE 6355–01–P 


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