Notice2021-14380
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Elkhorn Slough Tidal Marsh Restoration, Phase II in Monterey County, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to California Department of Fish and Wildlife (CDFW) to incidentally harass, by Level B harassment only, marine mammals incidental to construction activities associated with the second phase of the Elkhorn Slough Tidal Marsh Restoration Project in Monterey County, California.
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35751-35756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14380]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB200]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Elkhorn Slough Tidal Marsh
Restoration, Phase II in Monterey County, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a Renewal incidental harassment authorization
(IHA) to California Department of Fish and Wildlife (CDFW) to
incidentally harass, by Level B harassment only, marine mammals
incidental to construction activities associated with the second phase
of the Elkhorn Slough Tidal Marsh Restoration Project in Monterey
County, California.
DATES: This Renewal IHA is valid from the date of issuance through May
31, 2022.
FOR FURTHER INFORMATION CONTACT: Kim Corcoran, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers 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 proposed or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization is provided to the public for
review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time one-year Renewal IHA following notice to the public providing
an additional 15 days for public comments when (1) up to another year
of identical or nearly identical, or nearly identical, activities as
described in the ``Detailed Description of Specified Activities''
section of the initial IHA issuance notice is planned or (2) the
activities as described in the ``Detailed Description of Specified
Activities'' section of the initial IHA issuance notice would not be
completed by the time the initial IHA expires and a Renewal would allow
for completion of the activities beyond that described in the Dates
section of the initial IHA issuance, provided all of the following
conditions are met:
(1) A request for renewal is received no later than 60 days prior
to the needed Renewal IHA effective date (recognizing that the Renewal
IHA expiration date cannot extend beyond one year from expiration of
the initial IHA).
(2) The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested Renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
(3) Upon review of the request for Renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. A description of the Renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On March 13, 2020, NMFS issued an IHA to CDFW to take marine
mammals incidental to construction activities associated with the
second phase of the tidal marsh restoration project in Elkhorn Slough,
California (85 FR 14640; March 13, 2020), effective from June 1, 2020
through May 31, 2021. On May 11, 2021, NMFS received an application for
the Renewal of that
[[Page 35752]]
initial IHA. As described in the application for Renewal, the
activities for which incidental take is requested consist of activities
that are covered by the initial authorization but will not be completed
prior to its expiration. As required, the applicant also provided a
preliminary monitoring report (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-tidal-marsh-restoration-project-elkhorn-slough-phase-ii-2020">https://www.fisheries.noaa.gov/action/incidental-take-authorization-tidal-marsh-restoration-project-elkhorn-slough-phase-ii-2020</a>) which confirms
that the applicant has implemented the required mitigation and
monitoring, and which also shows that no impacts of a scale or nature
not previously analyzed or authorized have occurred as a result of the
activities conducted. The notice of the proposed Renewal incidental
harassment authorization was published on June 8, 2021 (86 FR 30412).
Description of the Specified Activities and Anticipated Impacts
CDFW is unable to complete all of the planned work under the
initial 2020 IHA for Phase II of the Elkhorn Slough Tidal Marsh
Restoration Project. The initial IHA planned to restore 58 acres of
saltmarsh habitat in two areas, Minhoto-Hester Restoration Area
(subareas M4a-b, M5, and M6) and the Seal Bend Restoration Area (S1-S4)
(Figure 1). To date, the majority of earthwork at the Minhoto-Hester
Restoration Area has been completed, including earthwork in subareas
M4a-b and M5, however outstanding work in subareas M5 and M6 was not
completed before the May 31, 2021 IHA expiration date. Therefore, CDFW
has requested a Renewal IHA to authorize the take of marine mammals for
a subset of the initially planned work that has not been completed
which will include the outstanding work in subareas M5 and M6. A
separate IHA application will be submitted by CDFW for the work at the
Seal Bend Restoration Area which has not been initiated to date, and is
expected to start later in the year. Of note, the work in the Minhoto-
Hester Restoration Area has taken more days to conduct than initially
expected, but the completion of work in that Area is still expected to
occur within the total number of workdays contemplated in the initial
IHA.
Anticipated impacts would include only Level B harassment of marine
mammals (though fewer, since the duration of the proposed activity is
shorter). CDFW's request is for one stock of pinniped by Level B
harassment: Harbor seal (Phoca vitulina richardii). Monitoring results
from the 2020 restoration activities indicate that observed exposures
above Level B harassment thresholds were well below the amount
authorized in associated with the amount of work conducted to date (see
monitoring report in renewal request letter). Thus, the subset of Level
B harassment take remaining from that authorized under the 2020 IHA
will be sufficient to cover the remaining 2021 restoration work at the
Minhoto-Hester Restoration Area.
[GRAPHIC] [TIFF OMITTED] TN07JY21.069
Detailed Description of the Activity
A detailed description of the construction activities for which
take is authorized here may be found in the notices of the proposed and
final IHAs for the initial authorization. This Renewal is identical to
that of the 2020 IHA, in that it is comprised of a subset of the work
that was covered in the initial IHA. The location, timing, and nature
of the activities, including the types of equipment planned for use,
are identical to those described in the previous notices. The Renewal
would be effective until May 31, 2022 and does not authorize activities
related to restoration work in the Seal Bend Restoration Area as a
subsequent IHA application will be submitted by CDFW for such
activities at a later date.
The mitigation and monitoring will be identical to that of the 2020
IHA. A detailed description of the restoration
[[Page 35753]]
activities for which take is proposed may be found in the notices of
the proposed (84 FR 72308; December 31, 2019) and the final IHAs (85 FR
14640; March 13, 2020) for the 2020 authorization. All documented
associated with the 2020 IHA (i.e., the IHA application, proposed IHA,
final IHA, public comments, monitoring reports, etc.) can be found on
NMFS's website, <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-tidal-marsh-restoration-project-elkhorn-slough-phase-ii-2020">https://www.fisheries.noaa.gov/action/incidental-take-authorization-tidal-marsh-restoration-project-elkhorn-slough-phase-ii-2020</a>.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for take is authorized here, including information on abundance,
status, distribution, and hearing, may be found in the notices of the
proposed and final IHAs for the initial authorization. NMFS has
reviewed the monitoring data from the initial IHA, recent draft Stock
Assessment Reports, information on relevant Unusual Mortality Events,
and other scientific literature, and determined that neither this nor
any other new information affects which species or stocks have the
potential to be affected or the pertinent information in the
``Description of the Marine Mammals in the Area of Specified
Activities'' contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the notices of the proposed and final
IHAs for the initial authorization. NMFS has reviewed the monitoring
data from the initial IHA, recent draft Stock Assessment Reports,
information on relevant Unusual Mortality Events, other scientific
literature, and the public comments, and determined that neither this
nor any other new information affects our initial analysis of impacts
on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the initial authorization. Specifically,
the source levels, days of operation, and marine mammal occurrence data
applicable to this authorization remain unchanged from the previously
issued IHA. Similarly, the stocks taken, methods of take, and types of
take remain unchanged from the initial IHA, as do the number of takes,
which are indicated below in Table 1.
Table 1--Calculated Take and Percentage of Stock Exposed
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Authorized take Percent
Species ----------------------------------------------------- population 4
Level B Level A
----------------------------------------------------------------------------------------------------------------
Pacific Harbor Seal........................ 417 \1\ max seals/day (9 percent 0 1.3
\2\) (62 days \3\) = 2327.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum number of seals observed/day between January 2018 and April 2019 by Reserve Otter Monitoring
Project.
\2\ Percent Take from Phase I.
\3\ Number of construction days remaining in Minhoto-Hester Restoration Area.
\4\ Data from U.S. Pacific Marine Mammal Stock Assessments: 2015 (Carretta et al., 2015).
All estimates are considered conservative. Construction activities
will occur in sections. Noise from construction activities in more
southern sections may thus cause fewer disturbances to seals given
their distance from seal haul outs (approximately 100 m and greater).
There are unlikely to be 417 animals in the project area on any given
day. Not all seals that previously used the haul outs within the
footprint of the construction are expected use the haul outs just
outside the project based on observations from Phase I of the project.
Some seals may seek alternative haul out habitat in other parts of
Elkhorn Slough.
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA,
and the discussion of the least practicable adverse impact included in
that document and in the notice of proposed IHA remains accurate. The
following measures are included in this Renewal:
Timing Restrictions--All work must be conducted during daylight
hours when visual monitoring of marine mammals can be implemented. If
environmental conditions deteriorate such that marine mammals within
the entire shutdown zone would not be visible (e.g., fog, heavy rain),
construction must be delayed until the protected species observer (PSO)
is confident marine mammals within the shutdown zone could be detected.
Visual Monitoring--Required monitoring must be conducted by
dedicated, trained, NMFS-approved PSO(s). PSOs shall establish a Level
B harassment zone within 300 m of all construction activities. When
construction activities occur either, (1) in water or (2); within the
boundaries of the two tidal restoration areas, Minhoto-Hester and Seal
Bend identified in Figure 1, monitoring must occur every other day when
work is occurring.
When construction activities occur near the ``borrow'' areas where
marsh fill material is gathered, monitoring must occur every fifth day
when work is occurring, unless the borrow area is more than 300 m from
any area where marine mammals have been observed. Occurrence of marine
mammals within the Level B harassment zone must be communicated to the
construction lead to prepare for the potential shutdown when required.
Pre-Construction Clearance and Ramp-Up--A 30-minute pre-clearance
observation period must occur prior to the start of ramp-up and
construction activities. CDFW must adhere to the following pre-
clearance and ramp-up requirements: (i) Construction activities must
not be initiated if any marine mammal is within 10 m of planned
operations. If a marine mammal is observed within 10 m of planned
operations during the 30-minute pre-clearance period, ramp-up must not
begin until the animal(s) has been observed exiting the zones or until
an additional time period has elapsed with no further sightings (15
minutes for small odontocetes and pinnipeds and 30 minutes for all
other species), (ii) The construction contractor must begin
construction activities gradually each day (e.g., ramp up by moving
around the project area and starting equipment sequentially).
Shutdown Requirements--For heavy machinery work, if a marine mammal
comes within 10 m of such operations, operations must cease and vessels
shall
[[Page 35754]]
reduce speed to the minimum level required to maintain steerage and
safe working conditions.
Pupping Season--Construction activities may not be initiated: (1)
Within 300 m of a mom/pup pair that is hauled out, or (2) within 100 m
of a mom/pup pair in the water. If there is a gap in construction
activities of more than an hour or if construction moves to a different
area, this initiation protocol must again be implemented. During site
containment activities that are underway, heavy machinery must not
approach closer than 100 m of where mothers and pups are actively
hauled out. If a pup less than one week old (neonate) comes within 20 m
of where heavy machinery is working, construction activities in that
area must be shutdown or delayed until the pup has left the area. In
the event that a pup less than one week old remains within those 20 m,
NMFS will be consulted to determine the appropriate course of action.
Activities must cease if a marine mammal species for which take was
not authorized, or a species for which authorization was granted but
the authorized number of takes have been met, is observed by PSOs
approaching or within the Level B harassment zone. Activities must not
resume until the animal is confirmed to have left the area.
Construction Activities--A NMFS approved PSO must conduct
biological resources awareness training for construction personnel. The
awareness training will be provided to brief construction personnel on
identification of marine mammals (including neonates) and the need to
avoid and minimize impacts to marine mammals. If new construction
personnel are added to the project, the contractor shall ensure that
the personnel receive the mandatory training before starting work.
Construction activities must not be initiated if any marine mammal
is within 10 m of planned operations. If a marine mammal is observed
within 10 m of planned operations during the 30-minute pre-clearance
period, ramp-up must not begin until the animal(s) has been observed
exiting the zones or until an additional time period has elapsed with
no further sightings (15 minutes for small odontocetes and pinnipeds
and 30 minutes for all other species). Furthermore, the PSO will have
the authority to stop project activities if marine mammals approach or
enter the Level B Harassment Zone and/or at any time for the safety of
any marine mammals. Work will commence only with approval of the PSO to
ensure that no marine mammals are present in the Level B Harassment
Zone.
Ramp Up--To reduce the risk of potentially startling marine mammals
with a sudden intensive sound, the construction contractor must begin
construction activities gradually each day by moving around the project
area and starting machinery one at a time.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
authorized mitigation measures provide the means effecting the least
practicable impact on the affected species or stocks and their habitat,
paying particular attention to rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density).
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas).
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors.
<bullet> How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks.
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat).
<bullet> Mitigation and monitoring effectiveness.
PSOs--PSOs shall be used to detect, document, and minimize impacts
to marine mammals, as well as, communicate with and instruct relevant
construction crew with regard to the presence of marine mammals and
mitigation requirements. Independent PSOs (i.e., not construction
personnel) who have no other assigned tasks during monitoring periods
must be used. Biological monitoring will begin 30 minutes before work
begins and will continue until 30 minutes after work is completed each
day.
PSOs will be placed at the best vantage point(s) practicable to
monitor for marine mammals within the Level B harassment zone, defined
above. If multiple construction activities occur simultaneously, enough
PSOs must be on duty to monitor all Level B Harassment zones.
Qualifications for PSOs for visual monitoring include:
<bullet> Visual acuity in both eyes (correction is permissible)
sufficient for discernment of harbor seals on land or in the water with
ability to estimate target size and distance; use of binoculars may be
necessary to correctly identify the target.
<bullet> Successfully attained a bachelor's degree from an
accredited college or university with a major in one of the natural
sciences and a minimum of 30 semester hours or equivalent in the
biological sciences and at least one undergraduate course in math or
statistics. The educational requirements may be waived if the PSO has
acquired the relevant skills through alternate experience. Requests for
such a waiver must include written justification. Alternate experience
that may be considered includes, but is not limited to (1) secondary
education and/or experience comparable to PSO duties; (2) previous work
experience conducting academic, commercial, or government-sponsored
marine mammal surveys; or (3) previous work experience as a PSO; the
PSO should demonstrate good standing and consistently good performance
of PSO duties.
<bullet> Experience and ability to conduct field observations and
collect data according to assigned protocols (this may include academic
experience).
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors.
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations.
<bullet> Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when construction activities
were conducted; dates and times when construction activities were
suspended to avoid potential incidental injury from construction sound
or visual disturbance of marine mammals
[[Page 35755]]
observed; and marine mammal behavior.
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
<bullet> PSOs must be provided with the equipment necessary to
effectively monitor for marine mammals in order to record species, the
distance from species' location to the construction activities,
behaviors, and responses to construction activities.
<bullet> The PSO must also conduct biological resources awareness
training for construction personnel. The awareness training will be
provided to brief construction personnel on identification of marine
mammals (including neonates) and the need to avoid and minimize impacts
to marine mammals. If new construction personnel are added to the
project, the contractor shall ensure that the personnel receive the
mandatory training before starting work.
Monitoring requirements also include:
Pre-Activity Monitoring--Pre and post construction daily censuses--
A census of marine mammals in the project area and the area surrounding
the project must be conducted 30 minutes prior to the beginning of
construction on monitoring days, and again 30 minutes after the
completion of construction activities. The following data will be
collected:
<bullet> Environmental conditions (weather condition, tidal
conditions, visibility, cloud cover, air temperature and wind speed);
<bullet> Numbers of each marine mammal species spotted;
<bullet> Location of each species spotted, including distance from
construction activity;
<bullet> Status (in water or hauled out); and
<bullet> Behavior.
Hourly Counts--Conduct hourly counts of animals hauled out and in
the water within, at least, the Level B harassment zone.
Data collected must include:
<bullet> Numbers of each species;
<bullet> Location, including whether inside the Level B harassment
zone; whether hauled out or in the water; and distance from
construction activities (+/- 10 m);
<bullet> Time;
<bullet> Tidal conditions;
<bullet> Time construction activities start and end;
<bullet> Primary construction activities occurring during the past
hour;
<bullet> Any noise or visual disturbance;
<bullet> Number of mom/pup pairs and neonates observed; and
<bullet> Notable behaviors, including foraging, grooming, resting,
aggression, mating activity, and others.
Notes should include any of the following information to the extent
it is feasible to record:
<bullet> Age-class;
<bullet> Sex;
<bullet> Unusual activity or signs of stress; and
<bullet> Any other information worth noting.
Construction Related Reactions--Record reaction observed in
relation to construction activities including:
<bullet> Tally of each reaction;
<bullet> Time of reaction;
<bullet> Concurrent construction activity;
<bullet> The assumed cause (whether related to construction
activities or not) shall be noted;
<bullet> Disturbance must be recorded according to NMFS' three-
point pinniped disturbance scale (see Table 2);
<bullet> Location of animal during initial reaction and distance
from the noted disturbance;
<bullet> Activity before and after disturbance; and
<bullet> Status (in water or hauled out) before and after
disturbance.
Table 2--Pinniped Behavioral Disturbance Code Reactions
----------------------------------------------------------------------------------------------------------------
Level Type of response Definition
----------------------------------------------------------------------------------------------------------------
1................................ Alert............................ Seal head orientation or brief movement in
response to disturbance, which may
include turning head towards the
disturbance, craning head and neck while
holding the body rigid in a u-shaped
position, changing from a lying to a
sitting position, or brief movement of
less than twice the animal's body length.
2................................ Movement......................... Movements in response to the source of
disturbance, ranging from short
withdrawals at least twice the animal's
body length to longer retreats over the
beach, or if already moving a change of
direction of greater than 90 degrees.
3................................ Flush............................ All retreats (flushes) to the water.
----------------------------------------------------------------------------------------------------------------
Reporting
A draft marine mammal monitoring report would be submitted to NMFS
within 90 days after the completion of pile driving and removal
activities, or 60 days prior to a requested date of issuance of any
future IHAs for projects at the same location, whichever comes first.
The report must include full documentation of methods, results, and
interpretation pertaining to all monitoring. It shall also include
marine mammal observations pre-activity, during-activity, and post-
activity of construction, and shall also provide descriptions of any
behavioral responses by marine mammals due to disturbance from
construction activities and a complete description of total take
estimate based on the number of marine mammals observed during the
course of construction. The report must include an extrapolation of the
estimated takes by Level B harassment based on the number of observed
disturbances within the Level B harassment zone and the percentage of
time the Level B harassment zone was not monitored; i.e., 50 percent of
time for the two restoration areas and 80 percent of the time for the
borrow and other areas. If comments are received from the NMFS Office
of Protected Resources on the draft report, a final report shall be
submitted to NMFS within 30 days thereafter following resolution of
comments on the draft report from NMFS. If no comments are received
from NMFS, the draft report will be considered to be the final report.
This report must contain the informational elements described above.
Comments and Responses
A notice of NMFS' proposal to issue a Renewal IHA to CDFW was
published in the Federal Register on June 8, 2021 (86 FR 30412). That
notice either described, or referenced descriptions of, the CDFW's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
[[Page 35756]]
Determinations
NMFS has determined that the action under this Renewal includes a
subset of activities that are identical to the previous IHA. NMFS found
that the previous IHA would have a negligible impact and that
authorized take would be small relative to the population size. No
changes in marine mammal information, potential effects, estimated
take, abundance estimates and the mitigation and monitoring have
occurred. Therefore, NMFS has concluded that there is no new
information suggesting that our analysis or findings should change from
those reached for the initial IHA. Based on the information and
analysis contained here and in the referenced documents, NMFS has
determined the following: (1) The required mitigation measures will
effect the least practicable impact on marine mammal species or stocks
and their habitat; (2) the authorized takes will have a negligible
impact on the affected marine mammal species or stocks; (3) the
authorized takes represent small numbers of marine mammals relative to
the affected stock abundances; (4) CDFW's activities will not have an
unmitigable adverse impact on taking for subsistence purposes as no
relevant subsistence uses of marine mammals are implicated by this
action, and; (5) appropriate monitoring and reporting requirements are
included.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969
(NEPA); 42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO)
216-6A, NMFS must evaluate our proposed action (i.e., the promulgation
of regulations and subsequent issuance of incidental take
authorization) and alternatives with respect to potential impacts on
the human environment. This action is consistent with categories of
activities identified in Categorical Exclusion B4 of the Companion
Manual for NAO 216-6A, which do not individually or cumulatively have
the potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS has determined that the proposed action qualifies to
be categorically excluded from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is proposed for
authorization or expected to result from this activity in the Elkhorn
Slough Reserve. Therefore, NMFS has determined that formal consultation
under section 7 of the ESA is not required for this action.
Renewal
NMFS has issued a Renewal IHA to CDFW for the take of harbor seals
incidental to the continuation of Phase II of the Elkhorn Slough Tidal
Marsh Restoration Project in Minhoto-Bay Area located in Monterey
County, CA from the date of issuance until May 31, 2021.
Dated: June 30, 2021.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-14380 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.