Notice2023-12387
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Army Corps of Engineers Debris Dock Replacement Project, Sausalito, 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
June 12, 2023
Effective
July 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Army Corps of Engineers (ACOE) to change the effective dates of the second re- issuance of a previously issued incidental harassment authorization (IHA), with the only change being the effective dates. The IHA authorizes take of seven species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Debris Dock Replacement Project in Sausalito, California. The ACOE has requested re-issuance with new effective dates of July 15, 2023 through July 14, 2024. 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 an identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Full Text
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<title>Federal Register, Volume 88 Issue 112 (Monday, June 12, 2023)</title>
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[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38035-38037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12387]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC994]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Army Corps of Engineers Debris Dock
Replacement Project, Sausalito, 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 U.S. Army Corps of
Engineers (ACOE) to change the effective dates of the second re-
issuance of a previously issued incidental harassment authorization
(IHA), with the only change being the effective dates. The IHA
authorizes take of seven species of marine mammals, by Level A and
Level B harassment, incidental to construction associated with the
Debris Dock Replacement Project in Sausalito, California. The ACOE has
requested re-issuance with new effective dates of July 15, 2023 through
July 14, 2024. 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 an identical
IHA to cover the incidental take analyzed and authorized in the initial
IHA.
DATES: This authorization is effective from July 15, 2023 through July
14, 2024.
ADDRESSES: An electronic copy of the final 2021 IHA previously issued
to the ACOE, the ACOE's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting /
www.fisheries.noaa.gov/action/incidental-take-authorization-army-corps-
engineers-debris-dock-
[[Page 38036]]
replacement-project-sausalito. In case of problems accessing these
documents, please call the contact listed below (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, 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 July 14, 2021, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the Debris Dock
Replacement project (86 FR 37124). The effective dates of that IHA were
September 1, 2021, through August 31, 2022. On December 14, 2021, the
ACOE informed NMFS that the project was delayed. None of the work
identified in the initial IHA application (e.g., pile driving and
removal) had occurred. The ACOE submitted a request that we reissue an
identical IHA that would be effective from January 5, 2022 through
January 4, 2023, in order to conduct the construction work that was
analyzed in support of the previously issued IHA. An identical IHA was
reissued on December 27, 2021 (86 FR 73261). However, the project
remains delayed and no work has been conducted. On December 6, 2022,
the ACOE informed NMFS that, due to a project delay, none of the work
identified in the original IHA (e.g., pile driving and removal) has
been conducted. The ACOE submitted a request that we reissue another
IHA identical to the IHA issued July 14, 2021. The IHA was reissued on
March 17, 2023 (88 FR 16412) with effective dates of January 1, 2024
through December 31, 2024. On May 2, 2023, the ACOE requested that the
dates of the reissued IHA be updated to be effective from July 15, 2023
through July 14, 2024. As the project activities, anticipated effects,
and required mitigation, monitoring, and reporting remain the same, re-
issuance 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 the ACOE's construction project is to replace the
existing decaying dock and other onshore infrastructure used to move
marine debris collected from San Francisco Bay onto land for disposal.
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 and monitoring are also as prescribed in
the initial IHA.
Species that are expected to be taken by the planned activity
include harbor porpoise (Phocoena phocoena), harbor seal (Phoca
vitulina), gray whale (Eschrichtius robustus), bottlenose dolphin
(Tursiops truncatus), California sea lion (Zalophus californianus),
northern fur seal (Callorhinus ursinus), and northern elephant seal
(Mirounga angustirostris). 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.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2021 IHA for the ACOE's construction work (86 FR 37124), the
ACOE's application, the Federal Register notice of the proposed IHA (86
FR 28768), and all associated references and documents.
Determinations
The ACOE will conduct activities as analyzed in support of the
initial 2021 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 2023 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) the ACOE'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 (NEPA)
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do
[[Page 38037]]
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 determined that the issuance
of the initial IHA qualified to be categorically excluded from further
NEPA review. NMFS has determined that the application of this
categorical exclusion remains appropriate for this reissued IHA.
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 the ACOE for in-water construction
activities associated with the specified activity from July 15, 2023
through July 14, 2024. All previously described mitigation, monitoring,
and reporting requirements from the initial 2021 IHA are incorporated.
Dated: June 6, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-12387 Filed 6-9-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 12, 2023.
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