Notice2022-18355
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon
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
August 25, 2022
Effective
September 1, 2022
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 two IHAs to the U.S. Army Corps of Engineers (Corps) to incidentally harass marine mammals during in-water construction activities associated with the North Jetty Maintenance and Repairs Project in Coos Bay, Oregon. There are no changes from the proposed authorizations in these final authorizations.
Full Text
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<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52371-52376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18355]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC260]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the North Jetty Maintenance and
Repairs Project in Coos Bay, Oregon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of two incidental harassment authorizations
(IHAs).
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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 two IHAs to the U.S. Army Corps of Engineers
(Corps) to incidentally harass marine mammals during in-water
construction activities associated with the North Jetty Maintenance and
Repairs Project in Coos Bay, Oregon. There are no changes from the
proposed authorizations in these final authorizations.
DATES: These authorizations are effective from September 1, 2022
through August 31, 2023 and March 1, 2024 through February 28, 2025.
[[Page 52372]]
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application 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/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</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 harassment 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 the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
History of Request
On March 18, 2019, NMFS received a request from USACE for two IHAs
to take 7 species of marine mammals, by Level B harassment only,
incidental to vibratory pile driving and removal associated with the
North Jetty Maintenance and Repairs Project in Coos Bay, Oregon over
the course of two years with pile installation occurring during Year 1
and pile removal occurring during Year 2. The application was deemed
adequate and complete on September 10, 2019. Neither USACE nor NMFS
expects injury, serious injury or mortality to result from this
activity and, therefore, IHAs are appropriate. On January 3, 2020, NMFS
issued the two IHAs to the USACE (85 FR 1140; January 9, 2020). The
Year 1 IHA was effective from September 1, 2020 through August 31, 2021
and the Year 2 IHA was effective July 1, 2022 through June 30, 2023.
On February 20, 2021, the USACE notified NMFS that the project had
been delayed and none of the work identified in the year 1 IHA (e.g.,
pile installation) had occurred. On May 4, 2021, NMFS reissued the Year
1 IHA, effective September 1, 2021 through August 31, 2022 (86 FR
24850; May 10, 2021).
On February 23, 2022, the USACE notified NMFS that the project had
been further delayed and work had still not commenced. The USACE
submitted an application for both IHAs to be reissued, with the Year 1
IHA effective from September 1, 2022 through August 31, 2023 and the
Year 2 IHA effective from March 1, 2024 through February 28, 2025. NMFS
has determined that the USACE's planned activities (including
mitigation, monitoring, and reporting), estimated incidental take, and
anticipated impacts on the affected stocks are the same as those
analyzed and authorized in the initial IHAs. There are no changes from
the proposed IHAs to the final IHAs.
Comments and Responses
Since the initial IHAs were issued several years ago, NMFS
published a notice of proposed IHAs in the Federal Register on July 13,
2022 (87 FR 41665) requesting public input on the request for
authorization described therein, our analyses, the proposed reissued
authorizations, and any other aspect of the notice of proposed IHAs,
and requested that interested persons submit relevant information,
suggestions, and comments. This proposed notice was available for a 30-
day public comment period. No public comments were received on the
proposed notice.
Description of the Planned Activity and Anticipated Impacts
The reissued IHAs include the same in-water construction activities
(i.e., vibratory pile installation and removal) in the same locations
that were described in the initial IHAs. The mitigation, monitoring,
and reporting measures remain the same as prescribed in the initial
IHAs. NMFS refers the reader to the documents related to the initial
IHAs issued on January 3, 2020 (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-north-jetty-maintenance-and-repairs">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-north-jetty-maintenance-and-repairs</a>) for more detailed
descriptions of the project activities. Other relevant documents
include the Federal Register notice of proposed IHAs and request for
comments (84 FR 56781; October 23, 2019), notice of issued IHAs (85 FR
1140; January 9, 2020), and notice of reissued Year 1 IHA (86 FR 24850;
May 10, 2021).
Detailed Description of the Action
A detailed description of the USACE's planned construction
activities is found in these previous documents. The location, time of
year, and nature of the activities, including the types of piles and
methods of installation and removal, are identical to those described
in the previous documents.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to these
reissued IHAs as well. In addition, NMFS has review the draft 2021
Stock Assessment Reports (SARs; Carretta et al., 2021; Muto et al.,
2021), information on relevant Unusual Mortality Events, and recent
scientific literature, and determined that no new information affects
our original analysis of impacts under the initial IHAs. The estimated
abundances of the California Breeding stock of northern elephant seals
(Mirounga angustirostris), the Northern California/Southern Oregon
stock of harbor porpoises (Phocoena phocoena), the West Coast Transient
stock of killer whales (Orcinus orca), and the Eastern U.S. stock of
Steller sea lions (Eumetopias jubatus) in the 2021 draft SARs have all
increased from the numbers presented in the Federal Register notices
for the initial IHAs (84 FR 56781, October 23, 2019; 85 FR 1140,
January 9, 2020).
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat is found in the documents
supporting the initial IHAs, which remains applicable to the reissuance
of the IHAs. There is no new information on potential effects.
[[Page 52373]]
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activities are found in the notice of issuance
of the initial IHAs (85 FR 1140; January 9, 2020). The methods of
estimating take for the reissued IHAs are identical to those used in
the initial IHAs. The source levels, days of operation, and marine
mammal density remain unchanged from the previously issued IHAs.
Regarding authorized take, the stocks taken, types of take, and methods
of taking remain unchanged from the previously issued IHAs, as do the
number of takes, which are indicated below.
Table 1--Authorized Take by Level B Harassment and as a Percentage of Stock Abundance in Each Year
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Level B Level B Level B Level B Total authorized take by Total authorized take
harassment AZ harassment 30- harassment AZ harassment 30- level B harassment by level B harassment
sheets (or H- inch piles sheets (or H- inch piles (percent of stock) (percent of stock)
Marine mammal piles) ---------------- piles) ------------------------------------------------------------------
---------------- ----------------
YR-1 YR-1 YR-2 removal YR-1 installation YR-2 removal
installation installation YR-2 removal
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Harbor seal (Phoca vitulina)......... 1,169 1,169 1,169 1,169 2,238 (9.45 percent).... 2,238 (9.45 percent).
Northern Elephant seal (Mirounga 7 7 7 7 14 (<0.01 percent)...... 14 (<0.01 percent).
angustirostris).
Steller sea lion (Eumetopias jubatus) 14 14 14 14 28 (0.06 percent)....... 28 (0.06 percent).
California sea lion (Zalophus 21 21 21 21 42 (0.02 percent)....... 42 (0.02 percent).
californianus).
Gray whale (Eschrichtius robustus)... 1 1 1 1 2 (<0.01 percent)....... 2 (<0.01 percent).
----------------------------------------------------------------
Killer whale (Orcinus orca).......... 2
2 2 (0.57 2 (0.57
percent) percent).
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Harbor porpoise (Phocoena phocoena).. 2 2 2 2 4 (0.02 percent)........ 4 (0.02 percent).
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Description of Mitigation, Monitoring and Reporting Measures
The required mitigation, monitoring, and reporting measures
described here are identical to those included in the Federal Register
notice announcing the issuance of the initial IHAs (85 FR 1140; January
9, 2020) and the discussion of the least practicable adverse impact
included in that document remains accurate. Unless otherwise stated,
the following measures are included in both IHAs:
Timing Restrictions
All work must be conducted during daylight hours. If poor
environmental conditions restrict visibility full visibility of the
shutdown zone, pile installation must be delayed.
Shutdown Zone for In-Water Heavy Machinery Work
For in-water heavy machinery work other than pile driving, if a
marine mammal comes within 10 meters (m) of such operations, operations
must cease and vessels must reduce speed to the minimum level required
to maintain steerage and safe working conditions.
Shutdown Zones
For all pile driving/removal activities, the USACE must establish
shutdown zones for a marine mammal species that is greater than its
corresponding Level A harassment zone. To be conservative, the USACE
must implement one cetacean shutdown zone (55 m) and one pinniped
shutdown zone (25 m) during any pile driving/removal activity (i.e.,
during sheet piles, H-piles, and 30-in steel pile installation and
removal) (Table 2) which exceeds the maximum calculated PTS isopleths
as described in Table 7 of the Federal Register notice announcing the
issuance of the initial IHAs (85 FR 1140; January 9, 2020). The purpose
of a shutdown zone is generally to define an area within which shutdown
of the activity would occur upon sighting of a marine mammal (or in
anticipation of an animal entering the defined area).
Table 2--Pile Driving Shutdown Zones During Project Activities
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Shutdown zones (radial distance in m, area in square kilometers (km\2*\))
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Activity High-
Low- frequency Mid- frequency frequency Phocid Otariid
cetaceans cetaceans cetaceans
----------------------------------------------------------------------------------------------------------------
In-Water Construction Activities
----------------------------------------------------------------------------------------------------------------
Heavy machinery work (other than 10 (0.00015) 10 (0.00015) 10 (0.00015) 10 (0.00015) 10 (0.00015)
pile driving)..................
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Vibratory Pile Driving/Removal
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12-in H pile steel installation/ 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
removal........................
24-in sheet pile installation/ 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
removal........................
30-in pile installation/removal. 55 (0.00475) 55 (0.00475) 55 (0.00475) 25 (0.00098) 25 (0.00098)
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* Note: km\2\ were divided by two to account for land.
Non-Authorized Take Prohibited
If a species enters or approaches the Level B harassment zone and
that species is either not authorized for take or its authorized takes
are met, pile driving and removal activities must shut down immediately
using delay and shutdown procedures. Activities must not resume until
the animal has been confirmed to have left the area or an observation
time period of 15 minutes has elapsed for pinnipeds and small cetaceans
and 30 minutes for large whales.
Pre-Activity Monitoring
Prior to the start of daily in-water construction activity, or
whenever a break in pile driving of 30 min or longer
[[Page 52374]]
occurs, protected species observers (PSOs) must observe the shutdown
and monitoring zones for a period of 30 minutes. The shutdown zone is
cleared when a marine mammal has not been observed within the zone for
that 30-minute period. If a marine mammal is observed within the
shutdown zone, pile driving activities must not begin until the animal
has left the shutdown zone or has not been observed for 15 min. If the
Level B Harassment Monitoring Zone has been observed for 30 min and no
marine mammals (for which take has not been authorized) are present
within the zone, work will continue even if visibility becomes impaired
within the Monitoring Zone. If a marine mammal for which take has been
permitted is present in the Monitoring zone, piling activities will
begin and Level B harassment take will be recorded.
Monitoring Zones
The USACE must establish and observe monitoring zones for Level B
harassment. The monitoring zones for this project are areas where
received sound pressure levels (SPLs) are equal to or exceed 120
decibels root-mean-square (dB rms) (for vibratory pile driving/
removal). For vibratory installation and removal of 12-inch H piles,
the Level B harassment zone and monitoring zone is 1,000 m. For
vibratory installation and removal of 24-inch steel sheet piles, the
Level B harassment zone and monitoring zone is 4,642 m. For vibratory
installation and removal of 30-inch steel pipe piles, the Level B
harassment zone and monitoring zone is 8,577 m. These zones provide
utility for monitoring conducted for mitigation purposes (i.e.,
shutdown zone monitoring) by establishing monitoring protocols for
areas adjacent to the shutdown zones. Monitoring of the Level B
harassment zones enables observers to be aware of and communicate the
presence of marine mammals in the project area, and thus prepare for
potential shutdowns of activity. The USACE must also gather information
to help better understand the impacts of their planned activities on
species and their behavioral responses.
Visual Monitoring
Monitoring must be conducted 30 minutes before, during, and 30
minutes after all pile driving/removal activities. In addition, PSOs
must record all incidents of marine mammal occurrence, regardless of
distance from activity, and shall document any behavioral reactions in
concert with distance from piles being driven/removed. Pile driving/
removal activities include the time to install, remove a single pile or
series of piles, as long as the time elapsed between uses of the pile
driving equipment is no more than thirty minutes.
Monitoring must be conducted by PSOs from on land and boat. The
number of PSOs will vary from one to three, depending on the type of
pile driving, method of pile driving and size of pile, all of which
determines the size of the harassment zones. Monitoring locations must
be selected to provide an unobstructed view of all water within the
shutdown zone and as much of the Level B harassment zone as possible
for pile driving activities. During vibratory driving or removal of
sheet or H-piles, two PSOs must be present. One PSO must be located on
the shoreline adjacent to the Material Off-loading Facility (MOF) site
or on the barge used for driving piles. The other PSO must be boat-
based and detect animals in the water, along with monitoring the three
haulout sites in the Level B harassment zone (i.e., Pigeon Point, Clam
Island/North Spit, and South Slough). During vibratory driving and
removal of 30-inch steel pipe piles, three PSOs must be present. As
indicated above, one PSO must be on the shoreline or barge adjacent to
the MOF site. A second PSO must be stationed near the South Slough haul
out site, and the third PSO must be boat-based and make observations
while actively monitoring at and between the two remaining haulout
sites (i.e., Pigeon Point and Clam Island).
In addition, PSOs must work in shifts lasting no longer than 4
hours with at least a 1-hour break between shifts, and must not perform
duties as a PSO for more than 12 hours in a 24-hour period (to reduce
PSO fatigue).
Monitoring of pile driving must be conducted by qualified, NMFS-
approved PSOs, who must have no other assigned tasks during monitoring
periods. The USACE must adhere to the following conditions when
selecting PSOs:
[ssquf] Independent PSOs must be used (i.e., not construction
personnel);
[ssquf] At least one PSO must have prior experience working as a
marine mammal observer during construction activities;
[ssquf] Other PSOs may substitute education (degree in biological
science or related field) or training for experience;
[ssquf] Where a team of three or more PSOs are required, a lead
observer or monitoring coordinator must be designated. The lead
observer must have prior experience working as a marine mammal observer
during construction; and
[ssquf] The USACE must submit PSO CVs for approval by NMFS for all
observers prior to monitoring.
The USACE must ensure that the PSOs have the following additional
qualifications:
[ssquf] Visual acuity in both eyes (correction is permissible)
sufficient for discernment of moving targets at the water's surface
with ability to estimate target size and distance; use of binoculars
may be necessary to correctly identify the target;
[ssquf] Experience and ability to conduct field observations and
collect data according to assigned protocols;
[ssquf] Experience or training in the field identification of
marine mammals, including the identification of behaviors;
[ssquf] Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
[ssquf] 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 in-water construction
activities were conducted; dates, times, and reason for implementation
of mitigation (or why mitigation was not implemented when required);
and marine mammal behavior;
[ssquf] 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; and
[ssquf] Sufficient training, orientation, or experience with the
construction operations to provide for personal safety during
observations.
Reporting of Injured or Dead Marine Mammals
In the unanticipated event that the planned activity clearly causes
the take of a marine mammal in a manner prohibited by the IHA, such as
serious injury, or mortality, the USACE must immediately cease the
specified activities and report the incident to the NMFS Office of
Protected Resources and the West Coast Region Stranding Coordinator.
The report must include the following information:
[ssquf] Time and date of the incident;
[ssquf] Description of the incident;
[ssquf] Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
[ssquf] Description of all marine mammal observations and active
sound source use in the 24 hours preceding the incident;
[ssquf] Species identification or description of the animal(s)
involved;
[[Page 52375]]
[ssquf] Fate of the animal(s); and
[ssquf] Photographs or video footage of the animal(s).
Activities must not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with USACE to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. The USACE must not
resume their activities until notified by NMFS.
In the event the USACE discovers an injured or dead marine mammal,
and the lead observer determines that the cause of the injury or death
is unknown and the death is relatively recent (e.g., in less than a
moderate state of decomposition), the USACE must immediately report the
incident to the Office of Protected Resources, NMFS, and the West Coast
Region Stranding Coordinator, NMFS. The report must include the same
information as the bullets described above. Activities may continue
while NMFS reviews the circumstances of the incident. NMFS will work
with the USACE to determine whether additional mitigation measures or
modifications to the activities are appropriate.
In the event that the USACE discovers an injured or dead marine
mammal, and the lead observer determines that the injury or death is
not associated with or related to the specified activities (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), the USACE must report the incident
to the Office of Protected Resources, NMFS, and the West Coast Region
Stranding Coordinator, NMFS, within 24 hours of the discovery.
Final Report
The USACE must submit a draft report to NMFS no later than 90 days
following the end of construction activities or 60 days prior to the
issuance of any subsequent IHA for the project. PSO datasheets/raw
sightings data must also be submitted with the reports. The USACE must
provide a final report within 30 days following resolution of NMFS'
comments on the draft report. Reports must contain, at minimum, the
following:
[ssquf] Date and time that monitored activity begins and ends for
each day conducted (monitoring period);
[ssquf] Construction activities occurring during each daily
observation period, including how many and what type of piles driven;
[ssquf] Deviation from initial proposal in pile numbers, pile
types, average driving times, etc.;
[ssquf] Weather parameters in each monitoring period (e.g., wind
speed, percent cloud cover, visibility);
[ssquf] Water conditions in each monitoring period (e.g., sea
state, tide state);
[ssquf] For each marine mammal sighting: species, numbers, and, if
possible, sex and age class of marine mammals; number of individuals of
each species (differentiated by month as appropriate) detected within
the monitoring zones, and estimates of number of marine mammals taken,
by species (a correction factor may be applied to total take numbers,
as appropriate); description of any observable marine mammal behavior
patterns, including bearing and direction of travel and distance from
pile driving activity; type of construction activity that was taking
place at the time of sighting; location and distance from pile driving
activities to marine mammals and distance from the marine mammals to
the observation point; and if shutdown was implemented, behavioral
reactions noted and if they occurred before or after shutdown;
[ssquf] Description of implementation of mitigation measures within
each monitoring period (e.g., shutdown or delay);
[ssquf] Other human activity in the area within each monitoring
period; and
[ssquf] A summary of the following: total number of individuals of
each species detected within the Level B Harassment Zone, and estimated
as taken if correction factor appropriate (Level B harassment takes
must be extrapolated based upon the number of observed takes and the
percentage of the Level B Harassment Zone that was not visible); total
number of individuals of each species detected within the Level A
Harassment Zone and the average amount of time that they remained in
that zone; and daily average number of individuals of each species
(differentiated by month as appropriate) detected within the Level B
Harassment Zone, and estimated as taken, if appropriate.
Determinations
The USACE's planned in-water construction activities as well as the
mitigation, monitoring, and reporting requirements are unchanged from
those in the initial Year 1 and Year 2 IHAs. The anticipated effects of
the activities on the affected species and stocks and the estimated
take of each species and stock also remain unchanged. When issuing the
initial IHAs, NMFS found that each year of the Coos Bay North Jetty
Maintenance and Repairs Project would have a negligible impact to
species or stocks' rates of recruitment and survival and the amount of
taking would be small relative to the population size of such species
or stock (less than 10 percent). In conclusion, 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 for each IHA: (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) the USACE'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 review our proposed action (i.e., the issuance of these IHAs)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) 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. Accordingly, NMFS has determined
that the issuance of the IHAs qualifies to be categorically excluded
from further NEPA review.
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. No take of ESA-listed marine mammals are authorized.
Therefore, NMFS has determined that consultation under
[[Page 52376]]
section 7 of the ESA is not required for this action.
Authorization
As a result of these determinations, NMFS has issued two IHAs to
the USACE for conducting the North Jetty Maintenance and Repairs
Project in Coos Bay, Oregon over the course of two non-consecutive
years, beginning September 2022 through February 2025, with the
previously mentioned mitigation, monitoring, and reporting requirements
incorporated.
Dated: August 19, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-18355 Filed 8-24-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 25, 2022.
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.