Notice2024-10418
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the U.S. Army Corps of Engineers Debris Dock Replacement Project, Sausalito, California
Primary source
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Published
May 13, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the U.S. Army Corps of Engineers (ACOE) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to the Debris Dock Replacement Project in Sausalito, California. ACOE activities are identical to those covered in the current authorization. ACOE's activities will not be completed prior to the renewal authorization. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30- day comment period.
Full Text
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<title>Federal Register, Volume 89 Issue 93 (Monday, May 13, 2024)</title>
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[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41381-41384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10418]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD923]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the U.S. 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; request for comments on proposed renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from the U.S. Army Corps of Engineers
(ACOE) for the renewal of their currently active incidental harassment
authorization (IHA) to take marine
[[Page 41382]]
mammals incidental to the Debris Dock Replacement Project in Sausalito,
California. ACOE activities are identical to those covered in the
current authorization. ACOE's activities will not be completed prior to
the renewal authorization. Pursuant to the Marine Mammal Protection Act
(MMPA), prior to issuing the currently active IHA, NMFS requested
comments on both the proposed IHA and the potential for renewing the
initial authorization if certain requirements were satisfied. The
renewal requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed renewal not previously provided during the initial 30-
day comment period.
DATES: Comments and information must be received no later than May 28,
2024.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources, NMFS,
and should be submitted via email to <a href="/cdn-cgi/l/email-protection#3e776a6e1071495b504d7e50515f5f10595148"><span class="__cf_email__" data-cfemail="96dfc2c6b8d9e1f3f8e5d6f8f9f7f7b8f1f9e0">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word, Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted 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> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
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
below.
FOR FURTHER INFORMATION CONTACT: Summer Owens, Office of Protected
Resources, NMFS, (301) 427-8401.
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 promulgated or, if the taking is limited to harassment, an IHA is
issued.
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''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and the NMFS' implementing regulations (see 16 U.S.C.
1362; 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 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, 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 1-year
renewal of an 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, 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 Description
of the Specified Activities and Anticipated Impacts 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 notice of
issuance of the initial IHA, 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 1 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); and
<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="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any comments received on the potential renewal, along with
relevant comments on the initial IHA, have been considered in the
development of this proposed IHA renewal, and a summary of agency
responses to applicable comments is included in this notice. NMFS will
consider any additional public comments prior to making any final
decision on the issuance of the requested renewal, and agency responses
will be summarized in the final notice of our decision.
[[Page 41383]]
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 216-6A, NMFS must
review our proposed action (i.e., the issuance of an IHA) with respect
to potential impacts on the human environment.
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 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 preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.
History of Request
On July 14, 2021, NMFS issued an IHA to the U.S. ACOE to take
marine mammals incidental to the Debris Dock Replacement Project in
Sausalito, California (86 FR 37124, July 14, 2021) effective September
1, 2021-August 31, 2022. As the planned work was never begun, NMFS
reissued this IHA three times on request from the ACOE, effective
January 5, 2022-January 4, 2023 (86 FR 73261, December 21, 2021),
January 1, 2024-December 31, 2024 (88 FR 16412, March 17, 2023), and
most recently, effective July 15, 2023-July 14, 2024 (88 FR 38035, June
12, 2023). On April 4, 2024, NMFS received an application for the
renewal of the most recent reissued IHA, referred to herein as the
initial IHA. As described in the application for renewal IHA, the
activities for which incidental take is requested are identical to
those covered in the initial authorization.
Description of the Specified Activities 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. No work has yet occurred under the IHA, but
the ACOE has informed us that they plan to begin the planned work but
not finish it prior to expiration of the currently 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
(SAR), information on relevant Unusual Mortality Events (UME), and
recent scientific literature, and determined that no new information
affects our original analysis of impacts or take estimates 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 2021
IHA for the ACOE's construction work (86 FR 37124, July 14, 2021), the
ACOE's application, the Federal Register notice of the proposed IHA (86
FR 28768, May 28, 2021), all associated references and documents, and
Federal Register notices of issuance for the reissued IHAs.
Detailed Description of the Activity
A detailed description of the demolition and construction
activities for which take is proposed here may be found in the notices
of the proposed (86 FR 28768, May 28, 2021) and final IHAs for the 2021
authorization. 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 proposed renewal would be
effective for a period from July 15, 2024, to July 14, 2025.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notices of the proposed and final IHAs for the 2021 authorization. NMFS
has reviewed recent SARs, including the draft 2023 SARs, information on
relevant UMEs, and other scientific literature, and determined there is
no new information that 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. Two of the
authorized stocks have increased slightly in abundance according to the
draft 2023 SARs. The San Francisco/Russian River stock of harbor
porpoise has increased from 7,524 to 7,777 and the California breeding
stock of northern elephant seal has increased from 179,000 to 187,386.
However, these new population abundance estimates do not change
estimated take numbers, or influence the findings made in support of
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 an
authorization of incidental take is proposed here may be found in the
notices of the proposed and final IHAs for the 2021 authorization. NMFS
has reviewed recent draft SARs, information on relevant UMEs, and other
scientific literature, and determined that there is no new information
that 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 Final
IHAs for the 2021 authorization. Specifically, the source levels, days
of operation, and marine mammal density and occurrence data applicable
to this authorization remain unchanged from the previously issued IHAs.
Similarly, the stocks taken, methods and types of takes, and numbers of
takes remain unchanged from the previously issued IHA, as do the number
of takes, which are indicated below in table 1.
[[Page 41384]]
Table 1--Summary of Marine Mammal Takes by Species
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Level A Level B Percent of
Common name Scientific name Stock harassment harassment stock
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Harbor Seal.................. Phoca vitulina.. California..... 2 527 1.7
Harbor Porpoise.............. Phocoena San Francisco- 2 21 0.3
phocoena. Russian River.
California Sea Lion.......... Zalophus U.S............ 2 20 <0.1
californianus.
Gray Whale................... Eschrichtius Eastern North 0 2 <0.1
robustus. Pacific.
Bottlenose Dolphin........... Tursiops California 0 9 2
truncatus. Coastal.
Northern Elephant Seal....... Mirounga California 0 5 <0.1
angustirostris. Breeding.
Northern Fur Seal............ Callorhinus California and 0 3 <0.1
ursinus. Eastern North
Pacific.
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Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in the authorization are identical to those
included in the Federal Register notice announcing the issuance of the
2021 IHA and subsequently included in the reissued IHAs, and the
discussion of the least practicable adverse impact included in the
application and the notice of the proposed and final IHA remains
accurate.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (86
FR 28768, May 28, 2021) and solicited public comments on both our
proposal to issue the 2021 IHA for pile driving and removal activities
and on the potential for a renewal IHA, should certain requirements be
met.
All public comments were addressed in the notice announcing the
issuance of the initial IHA (86 FR 37124, July 14, 2021) and none of
the comments specifically pertained to the renewal of the IHA.
Preliminary Determinations
NMFS has preliminarily 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 affect 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) U.S. ACOE 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.
Endangered Species Act (ESA)
Section 7(a)(2) of the ESA (16 U.S.C. 1531 et seq.) requires that
each Federal agency ensure 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. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to the U.S. ACOE for conducting Debris Dock
Replacement Project using pile driving in Sausalito, California,
between July 15, 2024, and July 14, 2025, provided the previously
described mitigation, monitoring, and reporting requirements are
incorporated. A draft of the proposed and final initial IHA can be
found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-army-corps-engineers-debris-dock-replacement-project-sausalito">https://www.fisheries.noaa.gov/action/incidental-take-authorization-army-corps-engineers-debris-dock-replacement-project-sausalito</a>. We request comment on our analyses, the proposed renewal
IHA, and any other aspect of this notice. Please include with your
comments any supporting data or literature citations to help inform our
final decision on the request for MMPA authorization.
Dated: May 6, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-10418 Filed 5-10-24; 8:45 am]
BILLING CODE 3510-22-P
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