Notice of Intent To Prepare an Environmental Assessment on the Issuance of Incidental Take Authorizations in Cook Inlet, Alaska, 66639-66640 [2016-23327]
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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
Endangered Species Act (ESA)
The Navy initiated informal
consultation under section 7 of the ESA
with NMFS Southwest Regional Office
(now West Coast Regional Office) on
March 5, 2013. NMFS concluded on
May 16, 2013, that the proposed action
may affect, but is not likely to adversely
affect, WNP gray whales. The Navy has
not requested authorization of the
incidental take of WNP gray whales and
no such authorization was proposed,
and there are no other ESA-listed
marine mammals found in the action
area. Therefore, no consultation under
the ESA is required.
mstockstill on DSK3G9T082PROD with NOTICES
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), the Navy
prepared an Environmental Assessment
(EA) to consider the direct, indirect and
cumulative effects to the human
environment resulting from the pier
replacement project. NMFS made the
Navy’s EA available to the public for
review and comment, in relation to its
suitability for adoption by NMFS in
order to assess the impacts to the human
environment of issuance of an IHA to
the Navy. Also in compliance with
NEPA and the CEQ regulations, as well
as NOAA Administrative Order 216–6,
NMFS has reviewed the Navy’s EA,
determined it to be sufficient, and
adopted that EA and signed a Finding
of No Significant Impact (FONSI) on
July 8, 2013.
We have reviewed the Navy’s
application for a renewed IHA for
ongoing construction activities for
2016–17 and the 2015–16 monitoring
report. Based on that review, we have
determined that the proposed action is
very similar to that considered in the
previous IHAs. In addition, no
significant new circumstances or
information relevant to environmental
concerns have been identified. Thus, we
have determined that the preparation of
a new or supplemental NEPA document
is not necessary, and, after review of
public comments determine that the
existing EA and FONSI provide
adequate analysis related to the
potential environmental effects of
issuing an IHA to the Navy. The 2013
NEPA documents are available for
review at www.nmfs.noaa.gov/pr/
permits/incidental/construction.htm.
18:04 Sep 27, 2016
Jkt 238001
Dated: September 23, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–23389 Filed 9–27–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Environmental Policy Act
(NEPA)
VerDate Sep<11>2014
Authorization
As a result of these determinations,
we have issued an IHA to the Navy for
conducting the described pier
replacement activities in San Diego Bay,
from October 8, 2016 through October 7,
2017, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
National Oceanic and Atmospheric
Administration
RIN 0648–XE887
Notice of Intent To Prepare an
Environmental Assessment on the
Issuance of Incidental Take
Authorizations in Cook Inlet, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; Intent to prepare and
Environmental Assessment.
AGENCY:
The National Marine
Fisheries Service announces: (1) Its
intent to prepare an Environmental
Assessment (EA) to analyze the
environmental impacts of issuing
annual incidental harassment
authorizations (IHAs) pursuant to the
Marine Mammal Protection Act
(MMPA) for the taking of marine
mammals incidental to anthropogenic
activities in the waters of Cook Inlet,
Alaska, for the 2017 season; and (2) its
intent to continue an annual cycle for
issuing MMPA IHAs in Cook Inlet such
that companies planning to submit IHA
applications for work to be conducted in
Cook Inlet in 2017 do so by no later than
October 15, 2016. Further, we refer
prospective applicants to our new
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (https://
www.nmfs.noaa.gov/pr/acoustics/
guidelines.htm), which should be used
in the analysis of auditory effects.
DATES: Applicants should submit
applications to the Permits and
Conservation Division in the Office of
Protected Resources by October 15,
2016.
ADDRESSES: Applications should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
SUMMARY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
66639
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910. The mailbox address for
providing applications is itp.youngkin@
noaa.gov. Applications sent via email,
including all attachments, must not
exceed a 25-megabyte file size. NMFS is
not responsible for applications sent to
addresses other than those provided
here.
Instructions: All applications received
are a part of the public record and will
generally be posted to https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. All personal identifying
information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit confidential
business information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Dale
Youngkin, Office of Protected
Resources, NMFS, (301) 427–8426.
SUPPLEMENTARY INFORMATION:
Background
Sections 101 (a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce 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 for a period of one year or
less, a notice of proposed authorization
is provided to the public for review. The
term ‘‘take’’ under the MMPA means ‘‘to
harass, hunt, capture or kill, or attempt
to harass, hunt, capture, or kill.’’ 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).’’
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
E:\FR\FM\28SEN1.SGM
28SEN1
66640
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
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.’’
Concern for Cook Inlet Beluga Whales
Cook Inlet is a semi-enclosed tidal
estuary located in southcentral Alaska
and home to the Cook Inlet beluga
whale, a small resident population that
was designated as depleted under the
MMPA and listed as an endangered
species under the Endangered Species
Act (ESA) in 2008. The stock has not
recovered, despite implementing
subsistence hunting regulations in 1999,
and cessation of hunting in 2007. In
light of this, and in recognition of the
increasing industrial activity and
development in Cook Inlet, NMFS has
taken a number of actions that reflect
the high level of concern for the species,
including:
(1) On October 14, 2014, NMFS
announced its intent to prepare an
Environmental Impact Statement (EIS)
pursuant to the National Environmental
Policy Act to analyze the effects on the
human environment of issuing
authorizations for the incidental take of
marine mammals from activities
occurring in both the state and Federal
waters of Cook Inlet, AK, from Knik
Arm in the northern part of the Inlet to
the southern edge of Kachemak Bay on
the southeastern part of the Inlet and to
the southern edge of Cape Douglas on
the southwestern part of the Inlet
(‘‘Cook Inlet beluga EIS’’). NMFS
included a 75-day public comment
period for the Notice of Intent and
conducted a scoping meeting in
Anchorage Alaska on November 3, 2014.
(2) On November 3, 2014, NMFS
convened a multi-stakeholder meeting
in Anchorage Alaska: Conservation and
Recovery of Cook Inlet Beluga Whales in
the Context of Continued Development.
The purpose of the meeting was to
engage stakeholders and begin exploring
Cook Inlet specific solutions for
mitigating and monitoring adverse
effects on belugas, while also allowing
for sustainable development. The first
day of the two-day workshop was
devoted to background and updates
related to the status, ecology, and
stressors of Cook Inlet belugas and the
standards set by the MMPA and the
ESA. The second day included an
exploration of measures and strategies
to minimize anthropogenic impacts,
promote recovery, and increase
understanding of impacts, as well as a
discussion of these objectives in the
VerDate Sep<11>2014
20:30 Sep 27, 2016
Jkt 238001
context of ensuring MMPA and ESA
compliance for future activities.
(3) In May 2015, NMFS unveiled its
‘‘Species in the Spotlight: Survive to
Thrive’’ initiative. This initiative
includes targeted efforts vital for
stabilizing eight species—including the
Cook Inlet beluga whale—identified
among the most at risk for extinction.
The approach involves intensive human
efforts to stabilize these species, with
the goal that they will become
candidates for recovery.
(4) On May 15, 2015, NMFS released
the Draft Recovery Plan for Cook Inlet
Beluga Whale. The population
continues to show a negative trend,
despite the cessation of subsistence
since 2007. Although the exact cause of
the continued decline in the absence of
subsistence hunting is unknown, the
Recovery Plan identifies likely threats,
including three threats of high relative
concern: Noise, catastrophic events, and
the cumulative and synergistic effects of
multiple stressors. Threats of medium
relative concern include disease, habitat
loss or degradation, reduction in prey,
and unauthorized take. Due to an
incomplete understanding of the threats
facing Cook Inlet beluga whales, NMFS
is unable to identify with certainty the
actions that will most immediately
encourage recovery. Until we know
which threats are limiting recovery, the
strategy of the Recovery Plan is to focus
on threats identified as medium or high
concern.
Announcements
The actions summarized above are
multi-year efforts that are not likely to
result in substantial changes in the
short-term. NMFS announces here
additional steps to help inform agency
decision making in the interim.
The preparation of an EIS is a lengthy
and intensive process that, in the case
of the for Cook Inlet beluga EIS, will
likely take two or more years.
Accordingly, in recognition of our
ongoing concern over Cook Inlet
belugas, while the Cook Inlet beluga EIS
is being prepared, NMFS will develop
an Environmental Assessment (EA) to
analyze the effects of issuing of
multiple, concurrent, one-year MMPA
authorizations to take Cook Inlet beluga
whales. An EA will aid us in more
effectively assessing the cumulative
effects of multiple activities and to more
comprehensively consider a range of
mitigation and monitoring measures in
the context of the multiple activities.
MMPA Authorization Cycle
(Application Deadlines)
To support NMFS’ efforts to prepare
an EA that covers multiple MMPA
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
incidental harassment authorizations,
NMFS is continuing an application
cycle for incidental harassment
authorizations that include Cook Inlet
beluga whales for the 2017 open water
season. NMFS requests all prospective
MMPA incidental harassment
authorization applicants for a given
open water season to submit their
applications by October 15th of the
preceding calendar year (unless the
activity is scheduled to occur before
May, in which case they should be
submitted earlier). Further, we refer
potential applicants to our new
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing (https://
www.nmfs.noaa.gov/pr/acoustics/
guidelines.htm), which should be used
in the analysis of auditory effects in an
application. Receipt of those MMPA
applications by October 15th will aid
NMFS in the development of a timely
and well-informed EA and related
MMPA authorizations.
Dated: September 22, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–23327 Filed 9–27–16; 8:45 am]
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E:\FR\FM\28SEN1.SGM
28SEN1
]]>Agencies
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66639-66640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23327]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE887
Notice of Intent To Prepare an Environmental Assessment on the
Issuance of Incidental Take Authorizations in Cook Inlet, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; Intent to prepare and Environmental Assessment.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service announces: (1) Its
intent to prepare an Environmental Assessment (EA) to analyze the
environmental impacts of issuing annual incidental harassment
authorizations (IHAs) pursuant to the Marine Mammal Protection Act
(MMPA) for the taking of marine mammals incidental to anthropogenic
activities in the waters of Cook Inlet, Alaska, for the 2017 season;
and (2) its intent to continue an annual cycle for issuing MMPA IHAs in
Cook Inlet such that companies planning to submit IHA applications for
work to be conducted in Cook Inlet in 2017 do so by no later than
October 15, 2016. Further, we refer prospective applicants to our new
Technical Guidance for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing (https://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm), which should be used in the analysis of auditory
effects.
DATES: Applicants should submit applications to the Permits and
Conservation Division in the Office of Protected Resources by October
15, 2016.
ADDRESSES: Applications should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910. The mailbox address for providing applications is
itp.youngkin@noaa.gov. Applications sent via email, including all
attachments, must not exceed a 25-megabyte file size. NMFS is not
responsible for applications sent to addresses other than those
provided here.
Instructions: All applications received are a part of the public
record and will generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm. All personal identifying information (for
example, name, address, etc.) voluntarily submitted by the commenter
may be publicly accessible. Do not submit confidential business
information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected
Resources, NMFS, (301) 427-8426.
SUPPLEMENTARY INFORMATION:
Background
Sections 101 (a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce 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 for a period of one year or less, a notice of
proposed authorization is provided to the public for review. The term
``take'' under the MMPA means ``to harass, hunt, capture or kill, or
attempt to harass, hunt, capture, or kill.'' 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).''
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
[[Page 66640]]
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.''
Concern for Cook Inlet Beluga Whales
Cook Inlet is a semi-enclosed tidal estuary located in southcentral
Alaska and home to the Cook Inlet beluga whale, a small resident
population that was designated as depleted under the MMPA and listed as
an endangered species under the Endangered Species Act (ESA) in 2008.
The stock has not recovered, despite implementing subsistence hunting
regulations in 1999, and cessation of hunting in 2007. In light of
this, and in recognition of the increasing industrial activity and
development in Cook Inlet, NMFS has taken a number of actions that
reflect the high level of concern for the species, including:
(1) On October 14, 2014, NMFS announced its intent to prepare an
Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act to analyze the effects on the human
environment of issuing authorizations for the incidental take of marine
mammals from activities occurring in both the state and Federal waters
of Cook Inlet, AK, from Knik Arm in the northern part of the Inlet to
the southern edge of Kachemak Bay on the southeastern part of the Inlet
and to the southern edge of Cape Douglas on the southwestern part of
the Inlet (``Cook Inlet beluga EIS''). NMFS included a 75-day public
comment period for the Notice of Intent and conducted a scoping meeting
in Anchorage Alaska on November 3, 2014.
(2) On November 3, 2014, NMFS convened a multi-stakeholder meeting
in Anchorage Alaska: Conservation and Recovery of Cook Inlet Beluga
Whales in the Context of Continued Development. The purpose of the
meeting was to engage stakeholders and begin exploring Cook Inlet
specific solutions for mitigating and monitoring adverse effects on
belugas, while also allowing for sustainable development. The first day
of the two-day workshop was devoted to background and updates related
to the status, ecology, and stressors of Cook Inlet belugas and the
standards set by the MMPA and the ESA. The second day included an
exploration of measures and strategies to minimize anthropogenic
impacts, promote recovery, and increase understanding of impacts, as
well as a discussion of these objectives in the context of ensuring
MMPA and ESA compliance for future activities.
(3) In May 2015, NMFS unveiled its ``Species in the Spotlight:
Survive to Thrive'' initiative. This initiative includes targeted
efforts vital for stabilizing eight species--including the Cook Inlet
beluga whale--identified among the most at risk for extinction. The
approach involves intensive human efforts to stabilize these species,
with the goal that they will become candidates for recovery.
(4) On May 15, 2015, NMFS released the Draft Recovery Plan for Cook
Inlet Beluga Whale. The population continues to show a negative trend,
despite the cessation of subsistence since 2007. Although the exact
cause of the continued decline in the absence of subsistence hunting is
unknown, the Recovery Plan identifies likely threats, including three
threats of high relative concern: Noise, catastrophic events, and the
cumulative and synergistic effects of multiple stressors. Threats of
medium relative concern include disease, habitat loss or degradation,
reduction in prey, and unauthorized take. Due to an incomplete
understanding of the threats facing Cook Inlet beluga whales, NMFS is
unable to identify with certainty the actions that will most
immediately encourage recovery. Until we know which threats are
limiting recovery, the strategy of the Recovery Plan is to focus on
threats identified as medium or high concern.
Announcements
The actions summarized above are multi-year efforts that are not
likely to result in substantial changes in the short-term. NMFS
announces here additional steps to help inform agency decision making
in the interim.
The preparation of an EIS is a lengthy and intensive process that,
in the case of the for Cook Inlet beluga EIS, will likely take two or
more years. Accordingly, in recognition of our ongoing concern over
Cook Inlet belugas, while the Cook Inlet beluga EIS is being prepared,
NMFS will develop an Environmental Assessment (EA) to analyze the
effects of issuing of multiple, concurrent, one-year MMPA
authorizations to take Cook Inlet beluga whales. An EA will aid us in
more effectively assessing the cumulative effects of multiple
activities and to more comprehensively consider a range of mitigation
and monitoring measures in the context of the multiple activities.
MMPA Authorization Cycle (Application Deadlines)
To support NMFS' efforts to prepare an EA that covers multiple MMPA
incidental harassment authorizations, NMFS is continuing an application
cycle for incidental harassment authorizations that include Cook Inlet
beluga whales for the 2017 open water season. NMFS requests all
prospective MMPA incidental harassment authorization applicants for a
given open water season to submit their applications by October 15th of
the preceding calendar year (unless the activity is scheduled to occur
before May, in which case they should be submitted earlier). Further,
we refer potential applicants to our new Technical Guidance for
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing
(https://www.nmfs.noaa.gov/pr/acoustics/guidelines.htm), which should be
used in the analysis of auditory effects in an application. Receipt of
those MMPA applications by October 15th will aid NMFS in the
development of a timely and well-informed EA and related MMPA
authorizations.
Dated: September 22, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-23327 Filed 9-27-16; 8:45 am]
BILLING CODE 3510-22-P
