Marine Mammals; Pinniped Removal Authority; Approval of Application
| Published date | 25 August 2020 |
| Citation | 85 FR 52330 |
| Record Number | 2020-18570 |
| Section | Notices |
| Court | National Oceanic And Atmospheric Administration |
52330
Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Notices
guidelines, the 2017 SBRM rulemaking,
and the 2017 Fisheries Allocation
Review Policy Directive 01–119, along
with other relevant statutes and the
2006 Consolidated Atlantic HMS FMP
and its amendments. Draft Amendment
12 does not contain a proposed rule or
regulatory text. Quotas or other fishery
management measures will not be
changed or affected as a result of this
amendment. Any operational changes to
fishery management measures as a
result of Amendment 12 would be
considered in future rulemakings, as
appropriate. NMFS will take public
comment into consideration before
finalizing Draft Amendment 12, and its
provisions may be altered or changed at
the final amendment stage.
NMFS published a Notice of
Availability of a scoping document for
Amendment 12 on September 3, 2019
(84 FR 45941). The scoping period
closed on November 4, 2019. Given that
specific changes to fishery management
measures are not proposed or evaluated
in this amendment; NMFS does not
expect any impacts. Furthermore, no
extraordinary circumstances exist, and
the action is not expected to be
controversial. Thus, NMFS has
preliminarily determined that
Amendment 12 would appropriately be
categorically excluded from further
analysis under the National
Environmental Policy Act (NEPA).
Public Hearings
Comments on Draft Amendment 12
may be submitted via
www.regulations.gov (see
ADDRESSES
)
and comments may also be submitted at
a public hearing. NMFS solicits
comments on this action by October 26,
2020. During the comment period,
NMFS will hold two public hearings via
conference call and webinar for Draft
Amendment 12 (Table 1). In addition,
NMFS anticipates presenting at the
HMS Advisory Panel meeting in the fall
of 2020, to discuss Draft Amendment
12.
T
ABLE
1—D
ATES AND
T
IMES OF
U
PCOMING
W
EBINARS
/C
ONFERENCE
C
ALLS
Venue Date Time Instructions
Webinar .......... September 23, 2020 2–4 p.m. ....... Link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=m6d4223b580c
2d26883b4ca44e1d35a7a.
Meeting number: 199 162 5739; Password: D3Pn3hQt2J9.
Join by phone: 1–415–527–5035; Access code: 199 162 5739.
Webinar .......... September 29, 2020 3–5 p.m. ....... Link: https://noaanmfs-meets.webex.com/noaanmfs-meets/j.php?MTID=m335138f7bf5
bbac0518e97789ee49776.
Meeting number: 199 054 2449; Password: yfSEgJW24d3.
Join by phone: 1–415–527–5035; Access code: 199 054 2449
The public is reminded that NMFS
expects participants at public webinars/
conference calls to conduct themselves
appropriately. At the beginning of each
webinar/conference call, the moderator
will explain how the webinar/
conference call will be conducted and
how and when participants can provide
comments. NMFS representative(s) will
structure the webinars/conference calls
so that all members of the public will be
able to comment, if they so choose,
regardless of the controversial nature of
the subject(s). Participants are expected
to respect the ground rules, and those
that do not may be asked to leave the
webinars/conference calls.
Authority: 16 U.S.C. 971 et seq., and 1801
et seq.
Dated: August 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–18651 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA315]
Marine Mammals; Pinniped Removal
Authority; Approval of Application
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Notice of availability.
SUMMARY
: NMFS announces approval of
an application to intentionally take, by
lethal methods, California sea lions
(Zalophus californianus) and Steller sea
lions (Eumetopias jubatus: Eastern
stock) that are located in the mainstem
of the Columbia River between river
mile 112 (I–205 bridge) and river mile
292 (McNary Dam), or in any tributary
to the Columbia River that includes
spawning habitat of threatened or
endangered salmon or steelhead
(Onchorynchus spp.). This action is
intended to reduce or eliminate sea lion
predation on species that are listed as
threatened or endangered under the
Endangered Species Act of 1973, and
species of lamprey or sturgeon that are
not listed as endangered or threatened
but are listed as a species of concern.
This authorization is pursuant to section
120(f) of the Marine Mammal Protection
Act (MMPA). NMFS also announces
availability of decision documents and
other information relied upon in making
this determination.
ADDRESSES
: Additional information
about our determination may be
obtained by visiting the NMFS West
Coast Region’s website: http://
www.westcoast.fisheries.noaa.gov, or by
writing to us at: NMFS West Coast
Region, Protected Resources Division,
1201 Lloyd Blvd., Suite 1100, Portland,
OR 97232.
FOR FURTHER INFORMATION CONTACT
: Mr.
Robert Anderson at the above address,
by phone at (503) 231–2226, or by email
at robert.c.anderson@noaa.gov.
SUPPLEMENTARY INFORMATION
:
Background
Section 120 (MMPA; 16 U.S.C. 1361,
et seq.) allows the Secretary of
Commerce, acting through the Assistant
Administrator for Fisheries, and the
West Coast Regional Administrator of
NMFS, to authorize the intentional
lethal taking of individually identifiable
pinnipeds that are having a significant
negative impact on the decline or
recovery of salmonid species listed as
threatened or endangered species under
the ESA, are approaching threatened
species or endangered species status (as
those terms are defined in that Act), or
migrate through the Ballard Locks at
Seattle, Washington. Section 120(b)(1)
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1
The Nez Perce Tribe, the Confederated Tribes of
the Umatilla Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation of Oregon,
the Confederated Tribes and Bands of the Yakama
Nation; and the Willamette Committee as defined
in section 120(f)(6)(D) of the MMPA.
2
The Willamette Committee fulfills the
requirements for an eligible entity under section
120(f)(6)(A)(iii) of the MMPA. Pursuant to this
section of the statute, the Committee members
include the Oregon Department of Fish and
Wildlife, the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, the
Confederated Tribes of the Grand Ronde
Community, and the Confederated Tribes of the
Siletz Indians of Oregon. The Confederated Tribes
of the Grand Ronde Community and the
Confederated Tribes of the Siletz Indians of Oregon
will coordinate and conduct lethal removal
activities in the Willamette River Basin with the
member co-managers, but not elsewhere in the
Columbia River Basin.
establishes the criteria whereby a state
may apply to the Secretary requesting
authorization for the intentional lethal
taking of individually identifiable
pinnipeds which are having a
significant negative impact on the
decline or recovery of salmonid species.
Section 120(b)(2) requires that any such
application shall include a means of
identifying the individual pinniped or
pinnipeds, and shall include a detailed
description of the problem interaction
and expected benefits of the taking.
The Endangered Salmon Predation
Prevention Act of 2018 (Pub. L. 115–
329) replaced the existing MMPA
section 120(f) with a new section
120(f)—Temporary Marine Mammal
Removal Authority on the Waters of the
Columbia River or its Tributaries. The
new 120(f) provides separate authority
for NMFS to issue permits allowing the
intentional lethal taking of sea lions for
the purpose of protecting ESA-listed
fish species and species of lamprey and
sturgeon that are listed as species of
concern. Under section 120(f), sea lions
are deemed to be individually
identifiable and having a significant
negative impact on the protected fish
species when the sea lions are located
in defined areas of the Columbia River
and its tributaries. These areas include
the mainstem of the Columbia River
between river mile 112 (I–205 bridge)
and river mile 292 (McNary Dam), and
in any tributary to the Columbia River
that includes spawning habitat of
threatened or endangered salmon or
steelhead (Onchorynchus spp.) are
deemed to be individually identifiable
and to be having a significant negative
impact, within the meaning of section
120(b)(1), as defined by section 120(f)(7)
and (8) (MMPA; 16 U.S.C. 1389(f)(7) and
(8)). Public Law 115–329 also included
additional eligible entities
1
not
identified in section 120(b)(1) that may
apply for authorization to intentionally
take, by lethal methods, sea lions
present within the geographic area
established in section 120(f).
Pursuant to section 120(f) of the
MMPA, an eligible entity may request
authorization to lethally remove sea
lions, and the Regional Administrator is
required to: (1) Review the application
to determine whether the applicant has
produced sufficient evidence to warrant
establishing a Pinniped-Fishery
Interaction Task Force (Task Force) to
address the situation described in the
application; (2) publish a notice in the
Federal Register requesting public
comment on the application, if
sufficient evidence has been produced;
(3) establish and convene a Task Force;
(4) consider any recommendations made
by the Task Force in making a
determination whether to approve or
deny the application; and (5) if
approved, immediately take steps to
implement the intentional lethal taking,
which shall be performed by agencies or
qualified individuals under contract to
such agencies (section 120(c)(4)), or by
individuals employed by the eligible
entities described in section 120(f)(6).
Section 120(c)(2) requires the Task
Force be composed of the following: (1)
Employees of the Department of
Commerce; (2) scientists who are
knowledgeable about the pinniped
interaction; (3) representatives of
affected conservation and fishing
community organizations; (4) Indian
Treaty tribes; (5) the states; and (6) such
other organizations as NMFS deems
appropriate. The Task Force reviews the
application and public comments and,
as required by section 120, recommends
to NMFS whether to approve or deny
the application. The Task Force is also
required to submit with its
recommendations for the proposed
location, time, and method of such
taking; criteria for evaluating the
success of the action; the duration of the
intentional lethal taking authority; and
a suggestion for non-lethal alternatives,
if available and practicable, including a
recommended course of action.
Section 120(f)(2)(C) requires the
Secretary to establish procedures to
coordinate issuance of permits
[authorizations] under this subsection,
including application procedures and
timelines, delegation and revocation of
permits to and between eligible entities,
monitoring, periodic review, and
geographic, seasonal take, and species-
specific considerations. Pursuant to
section 120(f)(2)(C), on June 4, 2019,
NMFS issued a Decision Memorandum
to fulfill this statutory requirement by
establishing application requirements
and program implementation
procedures for prospective and
approved authorizations issued to an
eligible entity under section 120(f).
Permits issued under section 120(f) may
only authorize take of sea lions that are
not listed under the ESA, or designated
as a depleted or strategic stock under
the MMPA.
On June 13, 2019, NMFS received an
application pursuant to section 120(f)
from the following entities: Oregon
Department of Fish and Wildlife, the
Washington Department of Fish and
Wildlife, the Idaho Department of Fish
and Game, the Nez Perce Tribe, the
Confederated Tribes of the Umatilla
Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation
of Oregon, the Confederated Tribes and
Bands of the Yakama Nation, and the
Willamette Committee
2
(hereafter
referred to as the ‘‘eligible entities’’).
The eligible entities requested
authorization to intentionally take, by
lethal methods, California sea lions and
Steller sea lions that are located in the
mainstem of the Columbia River
between river mile 112 and river mile
292 (McNary Dam), or in any tributary
to the Columbia River that includes
spawning habitat of threatened or
endangered salmon or steelhead
(Onchorynchus spp.) to reduce or
eliminate sea lion predation on the
following species that are listed as
threatened or endangered under the
ESA: Lower Columbia River Chinook
salmon (O. tshawytscha), Snake River
Fall-run Chinook salmon, Snake River
Spring/Summer-run Chinook salmon,
Upper Columbia River Spring-run
Chinook salmon, Upper Willamette
River Chinook salmon, Lower Columbia
River steelhead, Middle Columbia River
steelhead (O. mykiss), Snake River Basin
steelhead, Upper Columbia River
steelhead, Upper Willamette River
steelhead, Columbia River chum salmon
(O. keta), Lower Columbia River coho
salmon (O. kisutch), Snake River
sockeye salmon (O. nerka), the southern
distinct population segment of eulachon
(Thaleichthys pacificus), and species of
lamprey or sturgeon that are not listed
as threatened or endangered but are
listed as a species of concern. California
and Steller sea lions are not listed under
the ESA nor are they designated as a
depleted or strategic stock under the
MMPA.
On June 18, 2019, NMFS provided the
above-mentioned eligible entities a
letter acknowledging receipt of their
application and a determination that the
application produced sufficient
evidence of the problem interaction to
warrant establishing a Task Force. On
August 30, 2019, NMFS published a
notice in the Federal Register (84 FR
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1
85 FR 46600 (Aug. 3, 2020).
45730) requesting public comment on
the application, any additional
information NMFS should consider in
making its decision, and nominations
for potential Task Force members. As
required under the MMPA, after the
close of the public comment period
NMFS established the Task Force and
convened a Task Force meeting on May
12, 2020 through May 14, 2020. The
Task Force meeting was open to the
public.
The Task Force completed and
submitted its report to NMFS on July 14,
2020. The majority of Task Force
members present at the meeting (16 of
22) recommended that NMFS approve
the eligible entities’ application with
certain terms and conditions, while two
Task Force members recommended that
NMFS deny the application, one Task
Force member abstained, and three Task
Force members were intermittently
absent and did not provide a
recommendation. The Task Force report
also included recommendations
pursuant to the requirements in section
120(c)(3)(A) of the MMPA and also
considered the factors identified in
MMPA section 120(d). All decision
documents, including a copy of the
authorization, are available on NMFS’
West Coast Region web page (see
ADDRESSES
).
Findings
As required under section 7(a)(2)
under the ESA, NMFS completed
informal consultation, and in
accordance with the National
Environmental Policy Act, NMFS
completed an environmental assessment
with a finding of no significant impact.
Based on these requirements, NMFS
has determined that the requirements of
section 120(f) of the MMPA have been
met and it is therefore reasonable to
issue a permit to the eligible entities
authorizing them to remove (i.e., place
in permanent captivity or kill) no more
than 540 California sea lions and no
more than 176 Steller sea lions (eastern
stock) through August 14, 2025.
Dated: August 19, 2020.
Angela Somma,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–18570 Filed 8–24–20; 8:45 am]
BILLING CODE 3510–22–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No. CFPB–2020–0026]
Request for Information on the Equal
Credit Opportunity Act and Regulation
B; Extension of Comment Period
AGENCY
: Bureau of Consumer Financial
Protection.
ACTION
: Notice and request for
information; extension of comment
period.
SUMMARY
: On August 3, 2020, the
Bureau of Consumer Financial
Protection (Bureau) published in the
Federal Register a Request for
Information (RFI) seeking comments
and information to identify
opportunities to prevent credit
discrimination, encourage responsible
innovation, promote fair, equitable, and
nondiscriminatory access to credit,
address potential regulatory uncertainty,
and develop viable solutions to
regulatory compliance challenges under
the Equal Credit Opportunity Act
(ECOA) and Regulation B. The RFI
provided a 60-day comment period that
was set to close on October 2, 2020. To
allow interested persons more time to
consider and submit their comments,
the Bureau is extending the comment
period until December 1, 2020.
DATES
: The comment period for the RFI
published August 3, 2020, at 85 FR
46600, is extended. Responses to the
RFI must now be received on or before
December 1, 2020.
ADDRESSES
: You may submit responsive
information and other comments,
identified by Docket No. CFPB–2020–
0026, by any of the following methods:
•Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
•Email: 2020-RFI-ECOA@cfpb.gov.
Include Docket No. CFPB–2020–0026 in
the subject line of the message.
•Mail/Hand Delivery/Courier:
Comment Intake, Bureau of Consumer
Financial Protection, 1700 G Street NW,
Washington, DC 20552. Please note that
due to circumstances associated with
the COVID–19 pandemic, the Bureau
discourages the submission of
comments by mail, hand delivery, or
courier.
•Instructions: The Bureau
encourages the early submission of
comments. All submissions must
include the document title and docket
number. Because paper mail in the
Washington, DC area and at the Bureau
is subject to delay, and in light of
difficulties associated with mail and
hand deliveries during the COVID–19
pandemic, commenters are encouraged
to submit comments electronically. In
general, all comments received will be
posted without change to http://
www.regulations.gov. In addition, once
the Bureau’s headquarters reopens,
comments will be available for public
inspection and copying at 1700 G Street
NW, Washington, DC 20552, on official
business days between the hours of 10
a.m. and 5 p.m. Eastern Time. At that
time, you can make an appointment to
inspect the documents by telephoning
202–435–9169.
All submissions in response to this
request for information (RFI), including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
Please do not include sensitive personal
information in your submissions, such
as account numbers or Social Security
numbers, or names of other individuals,
or other information that you would not
ordinarily make public, such as trade
secrets or confidential commercial
information. Submissions will not be
edited to remove any identifying or
contact information, or other
information that you would not
ordinarily make public. If you wish to
submit trade secret or confidential
commercial information, please contact
the individuals listed in the
FOR
FURTHER INFORMATION CONTACT
section
below. Information submitted to the
Bureau will be treated in accordance
with the Bureau’s Rule on the
Disclosure of Records and Information,
12 CFR part 1070 et seq.
FOR FURTHER INFORMATION CONTACT
: For
general inquiries and submission
process questions, please call Pavy
Bacon, Senior Counsel, Office of
Regulations at 202–435–7700. If you
require this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION
: On July
28, 2020, the Bureau issued an RFI to
seek comments on the actions it can
take or should consider taking to
prevent credit discrimination,
encourage responsible innovation,
promote fair, equitable, and
nondiscriminatory access to credit,
address potential regulatory uncertainty,
and develop viable solutions to
regulatory compliance challenges under
ECOA and Regulation B. The RFI was
published in the Federal Register on
August 3, 2020.
1
The RFI provided a 60-day public
comment period that was set to close on
October 2, 2020. Subsequent to issuance
of the RFI, representatives from several
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