[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17347-17348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8906]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032499A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Offshore Oil and Gas Activities in the Beaufort Sea
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Request for panel nominations.
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SUMMARY: The Marine Mammal Protection Act (MMPA) requires Incidental
Harassment Authorizations (IHAs) issued thereunder, to prescribe, where
applicable, the requirements for an independent peer review of research
and monitoring plans for those activities that take marine mammals
incidental to the activity and where the activity may affect the
availability of a species/stock of marine mammal for taking for
subsistence uses in Arctic waters. In addition, NMFS regulations
require similar review for Letters of Authorization (LOAs) issued under
the MMPA for activities in Arctic waters. Because of increasing
activities and potential MMPA authorizations in Arctic waters, NMFS
wishes to expand its present list of peer review participants. NMFS is
therefore accepting nominations from the public for consideration as
potential reviewers of monitoring and research plans in the Arctic.
DATES: Nominations must be received no later than May 24, 1999.
ADDRESSES: Nominations should be addressed to Donna Wieting, Acting
Chief, Marine Mammal Conservation Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3225.
Additional information may be obtained by writing to this address or by
telephoning the contact listed here.
[[Page 17348]]
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, (301)
713-2055.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce 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 either regulations are issued or, if the taking is limited to
harassment, notice of a proposed authorization is provided to the
public for review.
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.
On April 10, 1996 (61 FR 15884), NMFS published an interim rule
establishing, among other things, procedures for issuing LOAs under
section 101(a)(5)(A) and IHAs under section 101(a)(5)(D) of the MMPA.
Section 101(a)(5)(D)(ii)(III) of the MMPA requires authorizations
to prescribe, where applicable, the requirements for the ``independent
peer review of proposed monitoring plans
or other research proposals where the proposed activity may affect
the availability of a species or stock for taking for subsistence
uses...'' This requirement was codified at 50 CFR 216.107. However, due
to time constraints, it is often necessary for the peer review process
to be substantially completed prior to issuance of the authorization.
Procedure
If an activity, taking place in Arctic waters, has the potential to
cause an adverse impact on those marine mammals taken in subsistence
harvests, applicants are required to submit to NMFS a complete draft
Monitoring Plan (Plan) for assessing impacts to marine mammals, either
with an IHA application but no later than 120 days prior to the date an
IHA is expected to be issued. The timing of the submission minimizes
potential conflicts among user groups over whether a proposed Plan is
adequate for determining the effects of the proposed activity on stocks
of marine mammals needed for subsistence purposes.
Upon receipt of a small take application and draft Plan, NMFS
reviews the documents and makes a preliminary determination on whether
the activity has the potential to adversely affect the availability of
a species or stock for subsistence uses. If NMFS makes a preliminary
determination that the activity has the potential to adversely affect
the availability of a species or stock for subsistence uses, NMFS will
(1) establish an independent peer-review panel to critique the Plan and
provide comments and recommendations on improving monitoring, (2)
convene a peer review workshop to discuss and evaluate the Plan prior
to requesting independent peer review, or (3) consult with the Marine
Mammal Commission (MMC), the Alaska Eskimo Whaling Commission (AEWC),
and either the North Slope Borough (NSB), or another Native Alaskan
Interest Group as appropriate to determine the level of review
appropriate for the activity. The Plan, and NMFS' preliminary
determination on the level of peer review, is also made available to
the public at the time of publication in the Federal Register of a
notice of receipt of an IHA or LOA application. If a peer review
workshop is convened, independent peer review is requested on the Plan
after incorporation of any workshop recommendations. Peer review
usually is also conducted on the results of any monitoring program that
has previously undergone peer review.
As an example of a peer-review process, applicants involved in oil
and gas exploration and development activities in the U.S. Beaufort Sea
coordinate activities with NMFS and NSB residents and provide a Plan
several months prior to an activity's commencement. In most years, a
peer-review workshop is scheduled to review the Plan. That procedure is
likely to continue into the future. For this type of activity, the
workshop normally includes 6 to 10 experts in the fields of population
ecology, survey design, acoustics, and marine mammal behavior. Workshop
participants are selected by NMFS, in consultation with the MMC, the
AEWC, the NSB and the applicant, all of whom may have scientific
representation. Normally, the workshop is chaired by NMFS and minutes
from the workshop are prepared within 2 weeks by a rapporteur assigned
to assist the Chair, and made available to the general public upon
request. Often, the Plan is modified subsequent to the workshop and
submitted to NMFS for acceptance and submission to the independent peer
review panel. Selected independent peer reviewers (usually 3 to 4) are
experts in one or more of the previously mentioned scientific areas who
are not currently employed or contracted by either the affected Alaskan
native organization, or NMFS. To avoid a potential conflict of
interest, marine mammal scientists who are currently employed or
contracted by potential applicants may be selected for the peer review
panel, but would not be requested to peer review the Plans of their
employer.
Nominations Solicited
NMFS requests interested persons to submit recommendations,
comments, information, and suggestions concerning potential peer-
reviewers (see ADDRESSES). Nominators should ensure that the potential
applicant is a biological scientist, familiar either with monitoring
techniques for assessing marine mammal populations, and/or
knowledgeable on life history parameters of Arctic marine mammals and
willing to review a maximum of 1 monitoring plan and resulting research
report per year without compensation. Upon receipt of an interest in
participating as an independent peer reviewer, NMFS may solicit
additional information, including, where necessary, curriculum vitae of
the interested individual. Applicants who are currently employed or
contracted by NMFS, the NSB, or the AEWC cannot be selected.
Dated: April 5, 1999.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 99-8906 Filed 4-8-99; 8:45 am]
BILLING CODE 3510-22-F
