74710 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 10, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–29348 Filed 12–15–14; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD646 

Notice of Intent To Issue Guidelines 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice, request for public 

comment. 

SUMMARY: The Marine Mammal 

Protection Act (MMPA) allows for 

persons to employ measures to deter 

marine mammals from damaging fishing 

gear and catch, damaging personal or 

public property, or endangering 

personal safety, as long as these 

measures do not result in death or 

serious injury of marine mammals. The 

MMPA also allows the Secretary of 

Commerce, through NOAA’s National 

Marine Fisheries Service (NMFS), to 

develop national guidelines on safely 

deterring marine mammals under 

NOAA’s jurisdiction (e.g., whales, 

dolphins, seals, and sea lions). To 

inform development of these national 

guidelines, NMFS requests input on 

which deterrents the public would like 

NMFS to evaluate and consider for 

approval. Any subsequent national 

guidelines for safely deterring marine 

mammals would then be released for 

public notice and comment as required 

by the MMPA. Such national guidelines 

would likely be tailored to each species 

group (pinnipeds, large cetaceans, and 

small cetaceans) as differences in 

physiology and behavior would affect 

whether a deterrent is appropriate for 

one or more species group. National 

guidelines would also address relevant 

implementation considerations. 

Deterrents could be considered 

‘‘passive’’ or ‘‘active’’ in nature. 

Deterrents may include physical 

barriers, acoustic deterrent and 

harassment devices, visual repellents, 

boat hazing, noisemakers, and physical 

contact. For each deterrent device or 

technique submitted to NMFS for 

consideration and evaluation, NMFS 

requests information on the 

specifications (e.g., source and 

frequency levels, pulse rate, type of 

fencing, size of flags, etc.) for each 

deterrent or technique, which marine 

mammal species or species group (large 

cetaceans, small cetaceans, pinnipeds) 

would be deterred, how a deterrent 

would be employed (e.g., attached to 

fishing gear, launched some distance 

from a marine mammal), any evidence 

that the deterrent will not result in 

mortality or serious injury, and any 

other implementation considerations. 

This information will help NMFS 

determine which devices or techniques 

are appropriate for the development of 

guidelines and specific measures for 

safely deterring both non-ESA listed and 

ESA listed marine mammals. 

DATES: Written comments from 

interested parties on the non-lethal 

deterrents for NMFS’ consideration 

must be received at the appropriate 

address or fax number (see ADDRESSES) 

no later than 5 p.m. Eastern daylight 

time on January 15, 2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0146, 

by any of the following methods during 

the 30-day comment period: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2014–0146 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Mail: Submit written comments to 

Kristy Long, Office of Protected 

Resources, 7600 Sand Point Way NE., 

Building 4, Room 2122–4, Seattle, WA 

98115. 

• Fax: 301–713–0376; Attn: Kristy 

Long. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Long (ph. 206–526–4792, email 

Kristy.Long@noaa.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

The deterrence provisions of the 

Marine Mammal Protection Act (16 

U.S.C. 1361 et seq.) provide an 

exception to otherwise prohibited acts, 

allowing the use of measures that may 

deter a marine mammal from, among 

other things, damaging private property 

or endangering personal safety, so long 

as those deterrents do not result in the 

death or serious injury of a marine 

mammal. NMFS has defined ‘‘serious 

injury’’ as any injury that will likely 

result in death (50 CFR 229.2) and has 

further interpreted that definition and 

developed a process to distinguish 

serious from non-serious injuries 

(www.nmfs.noaa.gov/pr/pdfs/serious_

injury_policy.pdf). 

Specifically, MMPA section 

101(a)(4)(A) allows for the owner of 

fishing gear or catch or private property, 

or an employee or agent of such owner, 

to deter marine mammals from 

damaging fishing gear and catch or 

private property, respectively. 

Additionally, it allows any person to 

deter a marine mammal from 

endangering personal safety and any 

government employee to deter a marine 

mammal from damaging public 

property, so long as such measures do 

not result in mortality or serious injury 

of a marine mammal. 

MMPA section 101(a)(4)(B) directs the 

Secretary of Commerce, through NMFS, 

to publish guidelines for safely deterring 

marine mammals and recommend 

specific measures to non-lethally deter 

marine mammals listed as endangered 

or threatened under the Endangered 

Species Act (ESA). Deterring marine 

mammals consistent with such 

guidelines or approved measures would 

not be a violation of the MMPA. 

MMPA section 101(a)(4)(C) provides 

for the prohibition of certain forms of 

deterrence if NMFS determines, using 

the best scientific information available, 

and subsequent to public comment, that 

the deterrence measure has a significant 

adverse effect on marine mammals. 

Types of Deterrents 

Passive Deterrents 

‘‘Passive’’ deterrence measures are 

those that prevent marine mammals 

from gaining access to fishing gear, 

property, or people. The proper use of 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74711 

these passive deterrence devices 

provides for human safety and does not 

increase the risk of death or serious 

injury of marine mammals. Such 

measures have been most commonly 

deployed for deterring pinnipeds and 

could include rigid fencing and other 

fixed barriers such as gates and fence 

skirting, closely spaced posts, and 

visual deterrents (e.g., flags, pinwheels, 

flashing lights). For small cetaceans, 

modifying fishing behavior to prevent 

interactions is another option. For 

example a fishing vessel could 

minimize the number of turns made 

while trawling and reduce tow times at 

night. 

Active Deterrents 

‘‘Active’’ deterrence measures 

introduce a stimulus into a marine 

mammal’s environment to dissuade an 

animal from interacting with property, 

people, or fishing gear or catch or 

stopping a dangerous or damaging 

interaction. Examples of active 

measures include underwater acoustic 

devices (e.g., pingers, seal scarers, 

noisemakers such as horns or whistles) 

that generate sounds known to be 

annoying but not harmful to marine 

mammals, physical contact such as 

prodding a marine mammal with blunt 

poles, pushing or herding an animal, 

and spraying water at an animal, as well 

as, for seals and sea lions, some light 

explosives to induce a startle response. 

Request for Public Comment 

Pursuant to MMPA section 

101(a)(4)(B), NMFS intends to develop 

national guidelines for deterring marine 

mammals under NOAA’s jurisdiction 

(see www.nmfs.noaa.gov/pr/species/

mammals). NMFS is soliciting public 

input on which deterrents the public 

would like NMFS to evaluate and 

consider for approval through these 

national guidelines. For each device or 

technique submitted for consideration, 

NMFS requests any available 

information on the specifications for 

each deterrent, which marine mammal 

species or species group would be 

deterred, how a deterrent would be 

deployed, and any other 

implementation considerations. NMFS 

would also appreciate any details, if 

known, on the nature of the interaction 

for which deterrence measures are being 

sought or already employed. 

NMFS is not requesting that 

individuals undertake new research to 

inform this process. Further, please note 

that some devices or techniques may not 

be appropriate for use on certain species 

or in certain areas and may be subject 

to prohibition or permitting 

requirements under federal, state, or 

local ordinances. 

For each deterrent device or 

technique submitted, please include 

information on the following: 

• The intended species and/or 

species group (i.e., large cetaceans, 

small cetaceans, or pinnipeds) that 

could be deterred by a particular device 

or technique. 

• Details on the nature of the 

interaction that warrants deterrence, 

including, if known, the associated 

marine mammal behavior (e.g., 

depredation of bait or catch, bycatch, 

begging, damage to fishing gear or 

property) and location of the interaction 

(e.g., at sea, on land, on a dock, on 

private property). 

• A description of the device or 

technique, including all available 

manufacturer specifications of the 

device and photographs or graphics, if 

possible. For example, for acoustic 

deterrent or harassment devices, please 

include source level (e.g., decibel level 

(dB)), reference pressure (e.g., peak, root 

mean square (RMS)), frequency levels 

(in Hertz or kilohertz), pulse rates and 

duration, battery requirements, and 

recommended spacing. For example, 

one type of acoustic harassment device, 

a 10 kHz pinger, emits sound at 132 dB 

(± 4 dB) re 1 micropascal at 1 m, lasting 

300 milliseconds (± 15 milliseconds), 

and repeating every 4 seconds (± 0.2 

seconds). 

• Reports, literature, or data from any 

field trials or pilot studies evaluating 

the device or technique, including any 

observed death or serious injury that 

resulted from using the device or 

technique. 

• Any other information relative to 

the potential risk that a specific device 

or technique may have in causing the 

death or serious injury of a marine 

mammal. 

• The manner in which the device or 

technique would be deployed. 

Specifically, details on how the 

deterrent would be attached to fishing 

gear (e.g., number of devices, distance 

between deterrents, etc.), launched at 

some distance, deployed on a dock or 

vessel, etc. For example, for acoustic 

pingers deployed to deter harbor 

porpoises from gillnets, a 10 kHz pinger 

would be attached at each end of a 

gillnet string and at the bridle of every 

net within a string of nets (every 300 ft 

(91.44 m)). For a physical barrier on 

private property intended to prevent 

pinnipeds from gaining access, the 

barrier should be made of galvanized 

metal to withstand the marine 

environment and block haul-out 

attempts, and the rungs should be 

spaced no more than 18 inches (45.72 

cm) apart. 

• Potential effects on other marine 

mammals, ESA-listed species, or the 

environment in the area where a 

deterrent would be used. 

• Any other implementation 

considerations that NMFS should 

consider. 

In summary, NMFS is soliciting input 

on which deterrents the public would 

like NMFS to evaluate and consider for 

approval through the development of 

national guidelines for safely deterring 

marine mammals. NMFS will consider 

these suggested deterrents and others, as 

appropriate, for inclusion in the 

guidelines and will subsequently 

publish any such guidelines developed 

as a part of this process in the Federal 

Register for public notice and comment, 

as required by MMPA section 

101(a)(4)(B). 

Dated: December 11, 2014. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2014–29394 Filed 12–15–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD505 

Endangered Species; File No. 18688 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

NMFS Pacific Islands Regional Office, 

1601 Kapiolani Boulevard, Suite 1110, 

Honolulu, HI 96814 [Responsible Party: 

Michael Tosatto], has applied in due 

form for a permit to take hawksbill 

(Eretmochelys imbricata), olive ridley 

(Lepidochelys olivacea), leatherback 

(Dermochelys imbricata), loggerhead 

(Caretta caretta) and green (Chelonia 

mydas) sea turtles for purposes of 

scientific research. 

DATES: Written, telefaxed, or email 

comments must be received on or before 

January 15, 2015. 

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 (APPS) home page, https://

apps.nmfs.noaa.gov, and then selecting 

File No. 18688 from the list of available 

applications. 

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