Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30037

Suspension and Other Responsibility

Matters; Drug Free Workplace

Requirements and Lobbying,’’ and the

following explanations are hereby

provided:

i. Nonprocurement Debarment and

Suspension. Prospective participants (as

defined at 15 CFR part 26, section 105)

are subject to 15 CFR part 26,

‘‘Nonprocurement Debarment and

Suspension’’ and the related section of

the certification form prescribed above

applies;

ii. Drug-Free Workplace. Grantees (as

defined at 15 CFR part 26, section 605)

are subject to 15 CFR part 26, subpart

F, ‘‘Governmentwide Requirements for

Drug-Free Workplace (Grants)’’ and the

related section of the certification form

prescribed above applies;

iii. Anti-Lobbying. Persons (as defined

at 15 CFR part 28, section 105) are

subject to the lobbying provisions of 31

U.S.C. 1352, ‘‘Limitations on use of

appropriated funds to influence certain

Federal contracting and financial

transactions,’’ and the lobbying section

of the certification form prescribed

above applies to applications/bids for

grants, cooperative agreements, and

contracts for more than $100,000, and

loans and loan guarantees for more than

$150,000, or the single family maximum

mortgage limit for affected programs,

whichever is greater; and

iv. Anti-Lobbying Disclosures. Any

applicant that has paid or will pay for

lobbying using any funds must submit

an SF–LLL, ‘‘Disclosure of Lobbying

Activities,’’ as required under 15 CFR

part 28, Appendix B.

8. Lower Tier Certifications.

Recipients shall require applicants/

bidders for subgrants, contracts,

subcontracts, or other lower tier covered

transactions at any tier under the award

to submit, if applicable, a completed

Form CD–512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibility

and Voluntary Exclusion—Lower Tier

Covered Transactions and Lobbying’’

and disclosure form, SF–LLL,

‘‘Disclosure of Lobbying Activities.’’

Form CD–512 is intended for the use of

recipients and should not be transmitted

to the Department of Commerce. SF–

LLL submitted by any tier recipient or

subrecipient should be submitted to the

Department of Commerce in accordance

with the instructions contained in the

award document.

9. False Statements. A false statement

on an application is grounds for denial

or termination of funds and grounds for

possible punishment by a fine or

imprisonment as provided in 18 U.S.C.

1001.

10. Intergovernmental Review—

Applications under this program are not

subject to Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

11. Buy American-Made Equipment

and Products—Applicants are hereby

notified that they will be encouraged, to

the greatest extent practicable, to

purchase American-made equipment

and products with funding provided

under this program.

Classification: This notice has been

determined to be not significant for

purposes of Executive Order 12866. The

standard forms reference in this notice

are cleared under OMB Control No.

0348–0043, 0348–0044, 0348–0040, and

0348–0046 pursuant to the Paperwork

Reduction Act.

Dated: June 7, 1996.

Jerome S. Morse,

Director, Resource Management and

Planning, Staff, Trade Development.

[FR Doc. 96–15013 Filed 6–12–96; 8:45 am]

BILLING CODE 3510–DR–P

National Oceanic and Atmospheric

Administration

[I.D. 051496A]

Small Takes of Marine Mammals

Incidental to Specified Activities; Haro

Strait Oceanographic Experiment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of issuance of an

incidental harassment authorization.

SUMMARY: In accordance with provisions

of the Marine Mammal Protection Act

(MMPA) as amended, notification is

hereby given that an Incidental

Harassment Authorization to take small

numbers of marine mammals by

harassment incidental to conducting a

physical oceanography experiment in

Haro Strait, Puget Sound, WA has been

issued jointly to Prof. Henrik Schmidt of

the Department of Ocean Engineering,

and Mr. Patrick Miller of the

Department of Biology, Massachusetts

Institute of Technology (MIT),

Cambridge, MA.

EFFECTIVE DATE: This authorization is

effective from June 10, 1996, to July 5,

1996.

ADDRESSES: The application,

authorization, and environmental

assessment (EA) are available from the

following office: Marine Mammal

Division, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, Office of

Protected Resources at 301–713–2055,

or Brent Norberg, Northwest Regional

Office at 206–526–6733.

SUPPLEMENTARY INFORMATION:

Background

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

U.S.C. 1361 et seq.) directs NMFS to

allow, upon request, the incidental, but

not intentional, taking of marine

mammals by U.S. citizens who engage

in a specified activity (other than

commercial fishing) within a specified

geographical region if certain findings

are made and regulations are issued.

Permission may be granted if NMFS

finds that the taking will have a

negligible impact on the species or

stock(s), will not have an unmitigable

adverse impact on the availability of the

species or stock(s) for subsistence uses,

and the permissible methods of taking

and requirements pertaining to the

monitoring and reporting of such taking

are set forth.

The MMPA Amendments of 1994

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. The

MMPA defines ‘‘harassment’’ as:

* * *any act of pursuit, torment, or

annoyance which (a) has the potential to

injure a marine mammal or marine mammal

stock in the wild; or (b) 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.

New subsection 101(a)(5)(D)

establishes a 45-day time limit for

NMFS 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 comment period, NMFS must

either issue or deny issuance of the

authorization.

Summary of Request

On January 31, 1996, NMFS received

a complete application from MIT

requesting an authorization for the

harassment of small numbers of marine

mammals incidental to conducting a

physical oceanography experiment that

uses sound to study the flow field and

mixing processes in Haro Strait, in the

San Juan Island Archipelago (Puget

Sound) WA, just south of Stuart Island

(48o39’00’’ N, 123o11’00’’ W).

The experiment, which will be from

June 10 through July 5, 1996, for a total

of 26 days, is scheduled to take

advantage of the extreme ebb tides that
30038 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

occur only twice a year. The species of

marine mammals requested for

incidental harassment are as follows:

Harbor porpoise (Phocoena phocoena),

killer whale (Orcinus orca), Dall’s

porpoise (Phocoenoides dalli), and

harbor seal (Phoca vitulina). Additional

species that are rare or only occasionally

seen in the area at the time of the

experiment may include: Minke whale,

elephant seal, Pacific white-sided

dolphin, northern sea lion, California

sea lion, humpback whale, and gray

whale. General information on these

species can be found in Barlow et al.

1995 (NOAA Tech. Mem. NMFSSWFSC–219). More specific information

on marine mammals species in Puget

Sound waters, and a description of the

physical oceanography experiment can

be found in the application and in an

EA, which are available upon request

(see ADDRESSES).

A notice of receipt of the application

and the proposed authorization was

published on March 28, 1996 (61 FR

13847) and a 30-day public comment

period was provided on the application

and proposed authorization. Additional

information on the mitigation and

monitoring program was provided on

April 9, 1996 (61 FR 15785). During the

comment period and subsequent to its

closure, several letters were received.

Other than information necessary to

respond to comments, additional

information on the activity and

authorization request can be found in

the above-mentioned Federal Register

documents and does not need to be

repeated here.

Comments and Responses

Authorization Concerns

Comment: Do not permit this

experiment.

Response: NMFS would like to make

clear that it does not authorize the

project, only the incidental harassment

of marine mammals occurring as a result

of this project. Not issuing a permit does

not necessarily terminate the project.

Comment: Because there are too many

unknowns as to the impacts on their

sonar, hearing and feeding habits, the

research permit should be denied.

Response: The requested

authorization is for an exemption to the

MMPA’s prohibition on taking for the

harassment of small numbers of marine

mammals incidental to conducting a

specified activity within a specified

geographic region. This is an

authorization issued under section

101(a)(5)(D) of the MMPA, not for a

scientific research permit under section

104 of the MMPA. To prohibit

incidental takings that occur while

conducting activities otherwise allowed

by law would be to deny an exemption

that is authorized by the MMPA

provided the best scientific information

and evidence available indicates that

the take is incidental, only small

numbers of marine mammals are taken,

and the impact on marine mammals and

their habitat is negligible.

Comment: The purpose of the project

would be to negatively impact marine

life, specifically and intentionally to

cause harassment or harm; sounds are

being broadcast to determine if it will

affect marine mammals; and sounds are

being transmitted to see if they can

withstand the noise.

Response: As stated in the proposed

authorization, the project is a physical

oceanography project that uses various

sound sources to study the flow field

and mixing processes in Haro Strait,

Puget Sound, WA. It is not a research

project designed to study the effects of

sound on marine mammals. However,

an extensive mitigation and monitoring

program, as required under section

101(a)(5)(D) of the MMPA, has been

designed as part of this project to assess

impacts of sounds that may potentially

harass marine mammals and to ensure

that these impacts are the lowest level

practicable. Therefore, in addition to

providing information on the physical

oceanographic processes in Haro Strait,

the experiment will also provide

information and data on the effects of

high frequency sounds on marine

mammals.

Comment: Sounds would cause harm

to a variety of ocean mammals and other

sea creatures.

Response: The proposed authorization

analyzed potential impacts and the

mitigation measures proposed to reduce

these potential impacts on marine

mammals to the lowest level

practicable. These impacts are also

analyzed in the EA prepared for this

authorization. Based upon the best

scientific information available, NMFS

has determined that this physical

oceanography project would have only

a negligible impact on the stocks of

marine mammals in the Haro Straits

area. While statutorily authorized under

the MMPA, the potential to cause Level

A harassment (injury) to marine

mammals is considered unlikely,

provided planned mitigation and

monitoring measures that have been

proposed by the applicant are

incorporated.

Comment: Sound may damage the

hearing of marine mammals.

Response: The proposed authorization

provided detailed analyses on the

potential for auditory damage to marine

mammals from the various sound

sources that will be used by this

experiment. Calculations indicate that

marine mammals would need to be

closer than .25 m of the long-base-line

transponders in order to potentially

receive hearing damage; for other

sources, animals would need to be even

closer. However, the applicant presumes

that the near-field effects might cause

the distance to be slightly greater (but

less than 1 m), than calculated by

spherical spreading alone. As a result,

NMFS and the applicant believe that

there is virtually no possibility of

inflicting permanent hearing damage on

any marine mammals.

Comment: Marine mammals

(especially killer whales) already endure

an unacceptable amount of noise

pollution and harassment due to depth

finders, boat/tanker traffic, and whalewatching expeditions. NMFS should

consider assessing whether sounds to be

used in the proposed experiment,

combined with sounds from other

sources, could have non-negligible

effects on marine mammals.

Response: NMFS notes that, even

with various sources of anthropogenic

sources of noise in the marine

environment, the southern resident

community of killer whales in Puget

Sound has increased 40 percent since

1976. However, activities and the

potential impact of unregulated noise

from these activities on marine

mammals are of concern to NMFS. The

monitoring measures planned in

conjunction with this short-term

oceanography project may provide some

insight into behavioral responses by

marine mammals to high frequency

sounds.

Habitat Exclusion Concerns

Comment: The marine mammals may

be negatively affected to the point where

they vacate the area of the experiment.

This will have a very negative effect on

the animals, depriving them of their

natural and normal foraging area. Also,

by forcing marine mammals from their

habitats would result in competition

with other species over scarce food.

Response: The only marine mammal

species that might be affected by habitat

exclusion are the harbor porpoise and

killer whale. As a result, a monitoring

program will be implemented that will

involve suspension of the experiment,

recovery of species abundance in the

area and termination if habitat exclusion

continues. Please refer to the earlier

Federal Register notices (61 FR 13847,

March 28, 1996 and 61 FR 15785, April

9, 1996) for detailed discussion on the

mitigation measures planned to address

this concern.
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30039

Comment: The sound would impact

an area far wider than suggested, given

the rock faces, steep pitches and water

mass interactions in Haro Straits.

Response: The applicant has provided

detailed analyses of the attenuation of

these sources, using spherical and

cylindrical models and factoring in

propagation loss. Without providing

scientific information or references to

support the comment, NMFS is unable

to analyze the veracity of this comment.

Comment: If this experiment should

somehow affect the orcas in that they

decide to move out of the area for a

number of days the whale watching

industry would be economically

affected. The marine mammals are the

natural resource that the whalewatching

industry relies upon to exist.

Response: Since NMFS does not

authorize the project, only the

harassment of marine mammals

incidental to the activity, the economic

impact on the commercial whale watch

industry is not within the scope for

consideration under the MMPA.

However, as noted in the application

and in the previous notices, the

experiment will contain mitigation and

monitoring measures that will avoid to

the extent possible habitat exclusion by

harbor porpoise and killer whales.

Comment: During June and July,

resident orcas have superpods in that

area with the intent of mating. If this

experiment should thwart the superpod

mating, the results will not be clear to

us now but could affect the future of the

resident pods.

Response: According to the

information available to NMFS, there

are approximately 90 resident killer

whales in the southern community and

45 transient animals. Based upon

Olesiuk et al. (1990) and Bain (pers.

comm. to B. Norberg, May 1996), there

appears to be a bimodal calving period

for killer whales which would indicate

that successful breeding is mostly taking

place from April to mid-June and again

in Sept/Oct. This bi-modal period, the

short-term of the research project (June

10–July 5) and the mitigation measures

imposed to protect killer whales,

indicates that this comment does not

appear to warrant additional mitigation

measures be imposed on the

experiment.

Comment: The experiment should be

done in winter months (so the

whalewatching industry would be

unaffected).

Response: As discussed in the

proposed authorization, the experiment,

which will be from June 10 through July

5, 1996, is scheduled to take advantage

of the extreme ebb tides that occur only

twice a year. This time of the year

would also benefit from spring

freshwater flows. The winter alternative

is unacceptable to the applicant and

NMFS, because weather conditions at

that time of the year would make

operations extremely difficult and

would make marine mammal

monitoring virtually impossible.

Monitoring Concerns

Comment: There would not be any

independent monitoring. The

researchers would be basically policing

themselves, because the person in

charge of monitoring impacts is also

employed by Woods Hole.

Response: There is no requirement

under the MMPA that monitoring be

independent of the activity. As noted in

the proposed authorization, the

applicant is a faculty member of the

Department of Ocean Engineering, MIT,

while the person conducting the

monitoring is in the Department of

Biology, MIT. Because the monitoring

program under this activity is more

complex than most, NMFS has

determined that both participants

should be covered under the

authorization. In addition to a

monitoring team, the applicants have

established an advisory board for

monitoring this activity’s impacts on

marine mammals. These advisors are

scientists operating in Haro Strait and

are from the Friday Harbor Whale

Museum, the University of Victoria, the

University of Washington, and the

Canadian Department of Fisheries and

Oceans, none are from MIT. The

applicants have agreed to follow the

recommendations of the scientific

oversight committee in scheduling

activities.

Comment: The sound source must be

monitored at all times during these tests

with assurances that it will be halted if

any marine mammals are observed

having behavioral changes or injuries.

Response: NMFS agrees. Please refer

to the notice of proposed authorization

(61 FR 13847, March 28, 1996) where

this issue was addressed in detail.

National Environmental Policy Act

Concerns

Comment: An Environmental Impact

Statement must be prepared prior to

authorization.

Response: In the notice of proposed

authorization (61 FR 13847, March 28,

1996), NMFS announced that it had

conducted a review of the potential

impacts on marine mammals from the

issuance of an incidental harassment

authorization to MIT and determined

that there would be no more than a

short-term, negligible impact on marine

mammals from the issuance of the

harassment authorization. For that

reason, NMFS determined that issuance

of an incidental harassment

authorization to MIT was categorically

excluded (CE) (as defined in 40 CFR

1508.4) from the preparation of either an

environmental impact statement or an

EA under the National Environmental

Policy Act and section 6.02.c.3(i) of

NOAA Administrative Order 216–6 for

Environmental Review Procedures

(published August 6, 1991). However, as

a result of the comments received on

this application, NMFS has reviewed

the conditions under which it

considered the incidental harassment

authorization to MIT to be a CE and has

determined that, because of the lack of

public perception on the effects of high

frequency noise on marine mammals, an

EA should be prepared to address these

concerns. Based upon that EA, the

Assistant Administrator has determined

that issuance of this authorization will

not have a significant impact on the

human environment. As a result of this

determination, an environmental impact

statement is not required. The EA is

available upon request (see ADDRESSES).

Conclusions

Based upon the information provided

in this notice, the two notices of

proposed authorization, and in an EA

on this matter,

NMFS has determined that the shortterm impact on marine mammals from

conducting a physical oceanography

experiment between June 10 and July 5,

1996, using high-frequency sound to

study the flow field and mixing

processes in Haro Strait, Puget Sound,

WA, will result in a negligible impact

on marine mammals. This impact is

expected to be limited to a short-term

modification in behavior by certain

species of marine mammals. While

behavioral modifications may be made

by these species to avoid noise, this

behavioral change is expected to have

only a negligible impact on the animals.

However, the mitigation and monitoring

measures that are part of the

authorization will provide additional

protection to ensure that the project’s

impact on marine mammals is at the

lowest level practicable. NMFS has also

determined that this experiment will

not have an unmitigable adverse impact

on the availability of this stock for

subsistence uses.

Since NMFS is assured that the taking

will not result in more than the

incidental harassment (as defined by the

MMPA Amendments of 1994) of small

numbers of certain species of marine

mammals, would have only a negligible

impact on these stocks, will not have an

unmitigable adverse impact on the
30040 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

availability of these stocks for

subsistence uses, and would result in

the least practicable impact on the

stocks, NMFS has determined that the

requirements of section 101(a)(5)(D)

have been met and the authorization can

be issued.

Authorization

For the above reasons, NMFS has

issued an incidental harassment

authorization for approximately 30 days

between June 10 and July 5, 1996 for the

above described experiment provided

the above mentioned mitigation,

monitoring and reporting requirements

are undertaken.

Dated: June 7, 1996.

Patricia A. Montanio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 96–15060 Filed 6–12–96; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 060796C]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of modification 3 to

permit 900 (P770#66), modification 2 to

permit 946 (P770#68), and modification

1 to permit 905 (P45L).

SUMMARY: Notice is hereby given that

NMFS has issued modifications to

permits that authorize takes of

Endangered Species Act-listed species

for the purpose of scientific research,

subject to certain conditions set forth

therein, to the Coastal Zone and

Estuarine Studies Division of the

Northwest Fisheries Science Center,

NMFS at Seattle, WA (CZESD) and the

National Biological Service at Cook, WA

(NBS).

ADDRESSES: The applications and

related documents are available for

review in the following offices, by

appointment:

Office of Protected Resources, F/PR8,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226 (301-713-1401);

and

Environmental and Technical

Services Division, 525 NE Oregon

Street, Suite 500, Portland, OR 97232–

4169 (503–230–5400).

SUPPLEMENTARY INFORMATION: The

modifications to permits were issued

under the authority of section 10 of the

Endangered Species Act of 1973 (ESA)

(16 U.S.C. 1531–1543) and the NMFS

regulations governing ESA-listed fish

and wildlife permits (50 CFR parts 217–

222).

Notice was published on February 27,

1996 (61 FR 7241) that an application

had been filed by CZESD (P770#66) for

modification 3 to scientific research

permit 900. Modification 3 to permit

900 was issued on June 5, 1996. Permit

900 authorizes CZESD a direct take of

juvenile, threatened, naturally-produced

and artificially-propagated, Snake River

spring/summer chinook salmon

(Oncorhynchus tshawytscha) and an

incidental take of juvenile, threatened,

Snake River fall chinook salmon

(Oncorhynchus tshawytscha) and

juvenile, endangered, Snake River

sockeye salmon (Oncorhynchus nerka)

associated with three scientific research

studies. For modification 3, CZESD is

authorized to supplement their annual

take of ESA-listed fish associated with

Study 1, a dam and reservoir passage

survival study, with juvenile, ESAlisted, Snake River spring/summer

chinook salmon captured as an indirect

take by NBS under the authority of

scientific research permit 817. Permit

817 authorizes NBS takes of ESA-listed

juvenile fish associated with a fall

chinook salmon study. In addition,

CZESD is authorized a take of ESAlisted juvenile fish associated with an

additional project designed to evaluate

the new surface collector at Lower

Granite Dam on the Snake River in WA

and to release the ESA-listed juvenile

fish to be captured and handled for

Study 1 in the free-flowing Snake River

upstream of Lower Granite Reservoir.

Modification 3 is valid for the duration

of Study 1 of the permit. Study 1 of

permit 900 expires on December 31,

1998.

Notice was published on February 27,

1996 (61 FR 7241) that an application

had been filed by CZESD (P770#68) for

modification 2 to scientific research

permit 946. Modification 2 to permit

946 was issued on June 4, 1996. Permit

946 authorizes CZESD takes of juvenile,

threatened, naturally-produced and

artificially-propagated, Snake River

spring/summer chinook salmon

(Oncorhynchus tshawytscha); juvenile,

threatened, Snake River fall chinook

salmon (Oncorhynchus tshawytscha);

and juvenile, endangered, Snake River

sockeye salmon (Oncorhynchus nerka)

associated with two survival studies

related to barge transportation. For

modification 2, CZESD is authorized an

increase in their takes of juvenile,

endangered, Snake River sockeye

salmon to adjust for an increase in the

anticipated annual juvenile sockeye

salmon outmigration numbers. Annual

sockeye salmon outmigration numbers

are expected to be higher due to greater

numbers of smolt releases in and near

Redfish Lake from the Idaho Department

of Fish and Game’s captive broodstock

program. Modification 2 is valid for the

duration of the permit. Permit 946

expires on December 31, 1999.

Notice was published on February 29,

1996 (61 FR 7776) that an application

had been filed by NBS (P45L) for

modification 1 to scientific research

permit 905. Modification 1 to permit

905 was issued on June 6, 1996. Permit

905 authorizes a direct take of juvenile,

threatened, Snake River fall chinook

salmon (Oncorhynchus tshawytscha)

and an indirect take of juvenile,

threatened, Snake River spring/summer

chinook salmon (Oncorhynchus

tshawytscha) associated with four dam

and reservoir passage survival studies

on the Snake River. For modification 1,

NBS is authorized to expand their

sampling locations to include all of the

Snake River dams and McNary Dam on

the Columbia River. The sampling

location expansion is needed to acquire

the desired sample size of juvenile ESAlisted fish currently authorized to be

taken for electrophoretic genetic

research. NBS is also authorized to

capture, handle, and release a greater

number of ESA-listed juvenile fish: 1) to

obtain non-lethal tissue samples from

run-at-large juvenile spring chinook

salmon and fall chinook salmon

yearlings for genetic analysis, and 2) to

acquire non-lethal gill samples from

juvenile fall chinook salmon for a new

study designed to relate passage

survival to physiological development.

Modification 1 is valid for the duration

of the permit. Permit 905 expires on

December 31, 1996.

Issuance of the modifications, as

required by the ESA, was based on a

finding that such actions: (1) Were

requested in good faith, (2) will not

operate to the disadvantage of the ESAlisted species that are the subject of the

permits, and (3) is consistent with the

purposes and policies set forth in

section 2 of the ESA and the NMFS

regulations governing ESA-listed

species permits.

Dated: June 7, 1996.

Robert C. Ziobro,

Acting Chief, Endangered Species Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 96–15059 Filed 6–12–96; 8:45 am]

BILLING CODE 3510–22–F