Notice2024-19186
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction of a Liquefied Natural Gas Terminal, Texas
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 27, 2024
Effective
January 15, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Rio Grande LNG, LLC, (Rio Grande) for the reissuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of three species of marine mammals incidental to activities associated with the construction of a Liquefied Natural Gas (LNG) terminal in the Brownsville Ship Channel (BSC), Cameron County, Texas. The project has been delayed and none of the work covered in the initial IHA has been conducted. The initial IHA was effective from July 1, 2020, through June 31, 2021. Rio Grande has requested reissuance with new effective dates of January 15, 2025, through January 14, 2026. 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 89 Issue 166 (Tuesday, August 27, 2024)</title>
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[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68592-68593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19186]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE220]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Construction of a Liquefied Natural
Gas Terminal, Texas
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 Rio Grande LNG, LLC, (Rio
Grande) for the reissuance of a previously issued incidental harassment
authorization (IHA) with the only change being effective dates. The
initial IHA authorized take of three species of marine mammals
incidental to activities associated with the construction of a
Liquefied Natural Gas (LNG) terminal in the Brownsville Ship Channel
(BSC), Cameron County, Texas. The project has been delayed and none of
the work covered in the initial IHA has been conducted. The initial IHA
was effective from July 1, 2020, through June 31, 2021. Rio Grande has
requested reissuance with new effective dates of January 15, 2025,
through January 14, 2026. 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 January 15, 2025, through
January 14, 2026.
ADDRESSES: An electronic copy of the final 2020 IHA previously issued
to Rio Grande, Rio Grande'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/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</a>. In case of problems accessing these documents, please call
the contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rob Pauline, 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 June 29, 2020, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to construction of an
LNG terminal in the BSC, Texas (85 FR 40250, July 6, 2020). The
effective dates of that IHA were July 1, 2020, through June 31, 2021.
On July 12, 2024, Rio Grande informed NMFS that the project had been
delayed. None of the work identified in the initial IHA (e.g., pile
driving) has occurred. Rio Grande submitted a request for NMFS to
reissue an identical IHA that would be effective from January 15, 2025,
through January 14, 2026 in order to conduct the construction work that
was analyzed and authorized through the previously issued IHA.
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.
Rio Grande plans to construct a natural gas liquefaction facility
and LNG export terminal in Cameron County, Texas, along the north
embankment of the BSC. The purpose of the project is to develop, own,
operate, and maintain a natural gas pipeline system to access natural
gas from the Agua Dulce Hub and an LNG export facility in south Texas
to export 24.5 million metric tons (27 million U.S. tons) per annum of
natural gas that provides an additional source of firm, long-term, and
competitively priced LNG to the global market. 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 only
exception is that Rio Grande is no longer installing two 48-inch-
diameter steel piles in water, but instead will install them in dry
land. The mitigation and monitoring are also as prescribed in the
initial IHA.
Species that are expected to be taken by the planned activity
include bottlenose dolphin (Tursiops truncatus), Atlantic spotted
dolphin (Stenella frontalis), and rough-toothed dolphin (Steno
bredanensis). 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
[[Page 68593]]
Reports, information on relevant Unusual Mortality Events, and recent
scientific literature. While estimated populations of the Atlantic
spotted dolphin, bottlenose dolphin (Western coastal and Northern Gulf
of Mexico stocks), and rough-toothed dolphin (Northern Gulf of Mexico
stock) have been updated since the issuance of the initial IHA, NMFS
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 2020 IHA for Rio Grande's construction work (85 FR 40250, July
6, 2020), Rio Grande's application, the Federal Register notice of the
proposed IHA (85 FR 27365, May 8, 2020), and all associated references
and documents.
Determinations
Rio Grande will conduct activities as analyzed in the initial 2020
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 small numbers standards and
authorized under the initial IHA and no new information has emerged
that would change those findings. The reissued 2025 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) Rio Grande's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes.
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 with respect to environmental consequences
on the human environment.
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)
Incidental take of ESA-listed species from the specified activities
is not expected or authorized. Therefore, NMFS determined that formal
consultation under section 7 of the ESA is not required for this
action.
Authorization
NMFS has issued an IHA to Rio Grande for in-water construction
activities associated with the specified activity from January 15,
2025, through January 14, 2026. All previously described mitigation,
monitoring, and reporting requirements from the initial 2020 IHA are
incorporated.
Dated: August 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-19186 Filed 8-26-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 27, 2024.
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