Notice2024-12998
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
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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 13, 2024
Effective
July 15, 2024
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 the U.S. Army Corps of Engineers (ACOE) to harass marine mammals incidental to construction activities associated with the debris dock replacement project in Sausalito, California.
Full Text
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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50267-50270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12998]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID-0648-XD998]
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; 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 the U.S. Army Corps of Engineers (ACOE) to harass marine
mammals incidental to construction activities associated with the
debris dock replacement project in Sausalito, California.
DATES: This authorization is effective from July 15, 2024, through July
14, 2025.
ADDRESSES: Electronic copies of the application and supporting
documents, 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 below.
FOR FURTHER INFORMATION CONTACT: Summer Owens, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, renewal request, and supporting documents (including
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 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
[[Page 50268]]
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.
Summary 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. The notice of the proposed
renewal IHA was published on May 13, 2024 (89 FR 41381). There are no
changes from the proposed authorization in this final authorization.
Description of the Specified Activities and Anticipated Impacts
The proposed 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 original 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
[[Page 50269]]
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 renewal IHA is 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
Proposed and Final IHA 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.
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 Mitigation, Monitoring and Reporting Measures
The 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
A notice of NMFS' proposal to issue an IHA to ACOE was published in
the Federal Register on May 13, 2024 (89 FR 41381). That notice either
described, or referenced descriptions of, ACOE'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. During the 15-day public comment period, NMFS did not receive
any public comments.
Determinations
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 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
Section 7(a)(2) of the Endangered Species Act (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.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969
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(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 determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Authorization
NMFS has issued a renewal IHA to ACOE for the take of small numbers
of seven marine mammal species incidental to the Debris Dock
Replacement Project in Sausalito, CA, valid from July 15, 2024 through
July 14, 2025.
Dated: June 10, 2024.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-12998 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-22-P
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