Notice2021-21717
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Long Beach Cruise Terminal Improvement Project in the Port of Long Beach, 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
October 5, 2021
Effective
December 10, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Carnival Corporation & PLC (Carnival) for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of five species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Port of Long Beach Cruise Terminal Improvement Project in Port of Long Beach, California. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from November 19, 2019, through November 18, 2020, and was re-issued with new effective dates of December 10, 2020 through December 9, 2021. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a third identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Full Text
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<title>Federal Register, Volume 86 Issue 190 (Tuesday, October 5, 2021)</title>
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[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54943-54944]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21717]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB479]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Long Beach Cruise Terminal
Improvement Project in the Port of Long Beach, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: NMFS has received a request from the Carnival Corporation &
PLC (Carnival) for the re-issuance of a previously issued incidental
harassment authorization (IHA) with the only change being effective
dates. The initial IHA authorized take of five species of marine
mammals, by Level A and Level B harassment, incidental to construction
associated with the Port of Long Beach Cruise Terminal Improvement
Project in Port of Long Beach, California. The project has been delayed
and none of the work covered in the initial IHA has been conducted. The
initial IHA was effective from November 19, 2019, through November 18,
2020, and was re-issued with new effective dates of December 10, 2020
through December 9, 2021. The scope of the activities and anticipated
effects remain the same, authorized take numbers are not changed, and
the required mitigation, monitoring, and reporting remains the same as
included in the initial IHA. NMFS is, therefore, issuing a third
identical IHA to cover the incidental take analyzed and authorized in
the initial IHA.
DATES: This authorization is effective from December 10, 2021, through
December 9, 2022.
ADDRESSES: An electronic copy of the final 2019 IHA previously issued
to Carnival, Carnival's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-cruise-terminal-improvement-project-port-long-beach-ca">https://www.fisheries.noaa.gov/action/incidental-take-authorization-cruise-terminal-improvement-project-port-long-beach-ca</a>. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(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 issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall 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 (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On November 25, 2019, NMFS published final notice of our issuance
of an IHA authorizing take of marine mammals incidental to the Port of
Long Beach Cruise Terminal Improvement Project (84 FR 64833). The
effective dates of that IHA were November 19, 2019 through November 18,
2020. On November 24, 2020, Carnival informed NMFS that the project was
delayed. Carnival submitted a request that we reissue an identical IHA
that would be effective from December 10, 2020
[[Page 54944]]
through December 9, 2021, in order to conduct the construction work
that was analyzed and for which take was authorized in the previously
issued IHA. That IHA was issued on December 9, 2020. On September 20,
2021, Carnival notified NMFS that the project had remained delayed due
to COVID-19 impacts, and requested that we re-issue an identical IHA,
with effective dates from December 10, 2021 through December 9, 2022.
None of the pile driving considered in the initial IHA has occurred.
Therefore, reissuance of the IHA is appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of Carnival's project is to make improvements to its
existing berthing facilities at the Long Beach Cruise Terminal in order
to accommodate a new, larger class of cruise ships. Implementation of
the project requires pile driving to install two high-capacity mooring
dolphins, fenders, and a new passenger bridge system, and dredging at
the existing berth and the immediate surrounding area. The location,
timing, and nature of the activities, including the types of equipment
planned for use, are identical to those described in the initial IHA.
The mitigation, monitoring, and reporting measures are also identical
to those prescribed in the initial IHA.
Species that are expected to be taken by the specified activity
include short-beaked common dolphin (Delphinus delphis), long-beaked
common dolphin (Delphinus capensis), bottlenose dolphin (Tursiops
truncatus), California sea lion (Zalophus californianus) and harbor
seal (Phoca vitulina). A description of the methods and inputs used to
estimate take anticipated to occur and, ultimately, the take that was
authorized is found in the previous documents referenced above. The
data inputs and methods of estimating take are identical to those used
in the initial IHA. NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature, and determined that no new information affects our original
analysis of impacts or take estimate under the initial IHA.
Determinations
Carnival will conduct activities as analyzed in the initial 2019
IHA. As described above, the number of authorized takes of the same
species and stocks of marine mammals are identical to the numbers that
were found to meet the negligible impact and small numbers standards
and authorized under the initial IHA and no new information has emerged
that would change those findings. The re-issued 2021 IHA includes
identical required mitigation, monitoring, and reporting measures as
the initial IHA, and there is no new information suggesting that our
analysis or findings should change.
Based on the information 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; and (4) Carnival'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.
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 review our proposed action with respect to environmental
consequences on the human environment.
Accordingly, NMFS has determined that the issuance of the IHA
qualifies to be categorically excluded from further NEPA review. This
action is consistent with categories of activities identified in CE B4
of the Companion Manual for NOAA Administrative Order 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. Because the only change to the IHA are effective
dates, the CE on record for issuance of the initial IHA applies to this
action.
Endangered Species Act (ESA)
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.
However, no incidental take of ESA-listed species is authorized or
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
NMFS has issued an IHA to Carnival for in-water construction
activities associated with the specified activity from December 10,
2021 through December 9, 2022. All previously described mitigation,
monitoring, and reporting requirements from the initial 2019 IHA are
incorporated.
Dated: September 30, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-21717 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 5, 2021.
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