Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 62117 

Biological Opinion, is a separate 

determination that considers those 

factors specified in MMPA section 

101(a)(5)(E). 

NMFS disagrees that it is premature to 

rely on the FKWTRP to ensure that 

M&SI is less than PBR in the deep-set 

fishery which is described in greater 

detail in comment 13. We also disagree 

that a single take in the overlap zone 

should trigger an emergency suspension 

of the fishery because such take would 

exceed PBR. Based on the best available 

science, after an expansion factor (5) is 

applied to account for observer coverage 

(20%) and a proration factor (15%) is 

applied to account for the probability 

that an interaction in the overlap zone 

involves a MHI IFKW, a single take in 

the overlap area would be the 

equivalent of 0.75 MHI IFKW. As a term 

and condition of the September 19, 2014 

Biological Opinion on the deep-set 

fishery (NMFS 2014), two M&SI in the 

overlap area during any three-year 

period would trigger reinitiation of 

consultation and require the immediate 

convening of the FKWTRT to provide 

recommendations regarding possible 

emergency measures. 

Comment 18: Earthjustice stated that 

NMFS should close off the entire 140 

km range to eliminate the risk of 

longline fishery interactions with the 

MHI IFKW. 

Response: This action is limited to 

determining whether to issue a permit 

under MMPA section 101(a)(5)(E), 

which would allow the Hawaii-based 

longline fisheries, as currently managed 

and operated, to incidentally take 

individuals from certain ESA-listed 

marine mammal stocks. Potential future 

measures to expand the range of the 

MHI longline fishing prohibited area, 

either through emergency rulemaking or 

amendment of the FKWTRP, are beyond 

the scope of this decision. 

With regard to the commenter’s 

suggestion of excluding longline fishing 

form the entire known range of the 

stock, the FKWTRP regulations prohibit 

longline fishing within the entire core 

range and a large portion of the 

‘‘extended’’ range of the MHI IFKW 

stock (which extends out to 140 km 

from shore), which NMFS determined 

would substantially reduce the risk of 

MHI IFKW interactions in the longline 

fisheries. The FKWTRT unanimously 

concluded that by permanently 

extending the seasonal boundary of the 

MHI longline prohibited area to include 

all overlap areas where prorated 

interactions with MHI IFKW and pelagic 

false killer whales have occurred, the 

risk to MHI IFKW would be 

significantly reduced. NMFS 

emphasizes that like all small cetaceans, 

MHI IFKW do not confine their 

movements to precise areas. 

Nevertheless, while we cannot eliminate 

all risk to the MHI IFKW from longline 

fishing, predictive modeling based on 

precautionary assumptions projects no 

more than one M&SI every four years. 

Under these circumstances, NMFS does 

not believe a further increase in the 

longline closure area is necessary to 

protect MHI IFKWs. However, if the 

FKWTRP is not effective in protecting 

the stock, (i.e., if M&SI should exceed 

PBR), then NMFS, in consultation with 

the FKWTRT, will develop and 

implement additional measures to meet 

the MMPA take reduction goals and will 

re-evaluate the NID. 

Comment 19: CRC states that given 

the small PBR for MHI IFKW and the 

relatively small overlap between the 

fishery and the population’s range, there 

is insufficient observer coverage within 

the ‘‘open area’’ to produce reliable 

estimates of longline M&SI for the MHI 

IFKW and that an analysis to determine 

the sample size of observer coverage is 

required within the area to have a 

reasonable probability of detecting 

bycatch that may approach or exceed 

PBR. 

Response: NMFS acknowledges CRC’s 

concern regarding the adequacy of 

observer coverage levels to detect take 

levels that could exceed PBR, given the 

stock’s small PBR level and the small 

area of overlap between the fisheries 

and the stock. NMFS’s Hawaii Longline 

Observer Program is designed to provide 

representative coverage of fishing effort 

by the fleet, but is not designed to cover 

specific areas of operation. However, in 

considering CRC’s comment, we 

evaluated the level of observer coverage 

in the ‘‘open area’’ (the area of overlap 

between the longline fisheries and MHI 

IFKWs). We calculated this as the 

number of trips observed within the 

area divided by the number of trips 

recorded as fishing within the area. We 

note that these coverage levels do not 

imply a random sample, a 

representative sample, or that coverage 

was constant throughout the year. 

Despite these caveats, in recent years, 

coverage in the open area has been as 

follows: 2008, 13.6%; 2009, 16.1%; 

2010, 25.4%; 2011, 18.8%; 2012, 26.1%; 

2013, 22.4%, which is 20.4% for a sixyear average. An analysis described in 

the report from NMFS’s 2011 workshop 

on revising the GAMMS (Moore and 

Merrick, 2011) indicates that for a stock 

with a PBR of 1.0 and observer coverage 

of 20%, data pooled across four or more 

years would achieve an approximately 

unbiased estimate of M&SI. NMFS 

regularly pools M&SI estimates across 

five years to produce average annual 

estimate for comparison to PBR and 

believes that this level of observer 

coverage in the open area, combined 

with the pooling of M&SI data provide 

sufficiently reliable information with 

which to assess IFKW bycatch in the 

deep-set longline fishery. 

Dated: October 10, 2014. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2014–24567 Filed 10–15–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD543 

Appointments to the Climate and 

Aquaculture Task Forces by the Marine 

Fisheries Advisory Committee 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; Request for 

Nominations. 

SUMMARY: Nominations are being sought 

for appointment to two new task forces 

of the Marine Fisheries Advisory 

Committee (MAFAC) to support its 

advisory work for the Secretary of 

Commerce on living marine resource 

matters. One task force will focus on 

climate and marine resources issues and 

the other on aquaculture issues. The 

members will be appointed by NMFS in 

consultation with MAFAC and will 

serve for an initial term of one or two 

years. The terms would begin in 

November or December 2014. Nominees 

should possess demonstrable knowledge 

or expertise in the areas described under 

Supplemental Information for each task 

force. 

DATES: Nominations must be 

postmarked or have an email date stamp 

on or before November 17, 2014. 

ADDRESSES: Nominations should be sent 

to Heidi Lovett, Office of Policy, NMFS 

F–14438, 1315 East-West Highway, 

Silver Spring, MD 20910 or to 

heidi.lovett@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Heidi Lovett, (301) 427–8004; email: 

heidi.lovett@noaa.gov. 

SUPPLEMENTARY INFORMATION: MAFAC is 

the only Federal advisory committee 

with the responsibility to advise the 

Secretary of Commerce (Secretary) on 

all matters concerning living marine 

resources that are the responsibility of 

the Department of Commerce. MAFAC 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
62118 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 

is establishing a Climate and Marine 

Resources Task Force and an 

Aquaculture Task Force to assist it in 

the development of recommendations to 

the Secretary on policies, programs, and 

regulations critical to the mission and 

goals of the NMFS. 

Climate and Marine Resources Task 

Force 

This Climate and Marine Resources 

Task Force is being created as a 

communication conduit for stakeholder 

input to MAFAC and NOAA Leadership 

on the production, delivery, and use of 

climate-related information in fulfilling 

NOAA Fisheries mission activities. 

NOAA’s marine stewardship mandates 

include consideration of changing 

environmental conditions and other 

factors on marine resources and the 

industries that depend on these 

resources. The Task Force will provide 

review and input on the NOAA 

Fisheries Climate Science Strategy 

(pending later this year), regional 

implementation plans, identification of 

community impacts related to climate 

change and fisheries, and other topics as 

needed. 

This Task Force will consist of 12 to 

15 individuals. MAFAC is seeking 

individuals that have experience with 

the production, delivery and/or use of 

climate-related information in marine 

resource management or have 

familiarity with how science, data, and 

information influences policy and 

regulatory decision making. It is not 

intended that all nominees be scientists 

or researchers. Individuals should 

represent the diverse constituent groups 

or partners from across U.S. regions and 

territories that interact with NOAA 

Fisheries: Commercial, recreational, or 

subsistence fisheries; aquaculture; 

seafood industries; academia; tribes; 

environmental, protected resources, 

marine habitat, and consumer groups; 

and/or other related national interests. 

It is intended that the Task Force be 

established for an initial period of 3 

years with a possibility of extending 

that term if deemed necessary by NOAA 

Fisheries and MAFAC. Task Force 

members will be appointed for 2-year 

terms and should be able to fulfill the 

time commitments required for periodic 

meetings (mostly by webinar or 

teleconference, and potentially inperson). 

Aquaculture Task Force 

MAFAC has a longstanding history of 

engagement on aquaculture issues. The 

Aquaculture Task Force is being created 

to expand the aquaculture expertise of 

MAFAC and to help MAFAC provide 

advice and input to NOAA Leadership 

on the NOAA Aquaculture Program and 

its future activities. The Task Force will 

assist NOAA in fulfilling its central role 

in developing and implementing 

policies that enable marine aquaculture 

and work to ensure that aquaculture 

complies with existing Federal laws and 

regulations that NOAA enforces under 

its marine stewardship mission. 

Some example tasks of the new Task 

Force will include review of: NOAA’s 

progress on implementing the agency’s 

10-Year Plan for Marine Aquaculture 

(from 2007), priorities to include in 

strategic planning for the aquaculture 

program, and tasks to support NOAA’s 

work with the Regulatory Task Force of 

the Interagency Working Group on 

Aquaculture. 

This Task Force will consist of no 

more than 10 individuals who have 

expertise in all aspects of marine 

aquaculture; the science, research, and 

development to advance aquaculture; 

and the management and permitting of 

aquaculture at the Federal, state, and 

local levels. It is intended that Task 

Force members will come from across 

all U.S. regions and territories. 

This Task Force will be established 

for an initial period of 1 year with a 

possibility of extending that term if 

deemed necessary by NOAA Fisheries 

and MAFAC. Task Force members will 

be appointed for 1-year terms and 

should be able to fulfill the time 

commitments required for periodic 

meetings (mostly by webinar or 

teleconference, and potentially inperson). 

Nomination Materials 

Each nomination submission should 

identify which Task Force the nominee 

is applying to and include: a cover letter 

describing the nominee’s qualifications 

and interest in serving on the specific 

task force, resume or curriculum vitae of 

the nominee, and up to two 

recommendation letters describing the 

nominee’s qualifications and interest. 

Self-nominations are acceptable. The 

following contact information should 

accompany each nominee’s submission: 

full name, address, telephone number, 

fax number, and email address. 

Nominations should be sent to (see 

ADDRESSES) and must be received by 

November 17, 2014. Information about 

MAFAC, its Committee Charter, current 

membership, and activities can be 

viewed at the NMFS’ Web page at 

www.nmfs.noaa.gov/mafac.htm. 

Dated: October 9, 2014. 

Eileen Sobeck, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2014–24627 Filed 10–15–14; 8:45 am] 

BILLING CODE 3510–22–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

[Docket No. CFPB–2014–0025] 

Policy On No-Action Letters 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of proposed policy and 

proposed information collection; 

request for comment. 

SUMMARY: The Consumer Financial 

Protection Bureau (Bureau) invites the 

public to take this opportunity to 

comment on its proposed Policy on NoAction Letters (Policy), which is 

intended to further its objectives under 

section 1021 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act of 2010 (Dodd-Frank Act), and also 

a proposed information collection 

associated with applications submitted 

by applicants requesting no-action 

letters under the proposed Policy as 

required by the Paperwork Reduction 

Act of 1995. 

DATES: Written comments are 

encouraged and must be received on or 

before December 15, 2014 to be assured 

of consideration. 

ADDRESSES: You may submit comments, 

identified by the proposal’s title, 

‘‘Policy on No-Action Letters,’’ and 

docket number (see above), by any of 

the following methods: 

• Electronic: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Consumer Financial 

Protection Bureau, Office of the 

Executive Secretary, 1700 G Street NW., 

Washington, DC 20552. 

• Hand Delivery/Courier: Consumer 

Financial Protection Bureau, Office of 

the Executive Secretary, 1275 First 

Street NE., Washington, DC 20002. 

Please note that comments submitted 

by fax or email and those submitted 

after the comment period will not be 

accepted. Comments will be available 

for public inspection and copying at 

1275 First Street NE., Washington, DC 

20002 between the hours of 10:00 a.m. 

and 5 p.m. eastern standard time. In 

general, all comments received will be 

posted without change to 

regulations.gov, including any personal 

information provided. Sensitive 

personal information, such as account 


asabaliauskas on DSK5VPTVN1PROD with NOTICES